Here’s How To Fix The Broken DEP C1 “Anti-Degradation” Program For “Exceptional” Quality Waters

Memo to Gov. Murphy’s Nominated DEP Commissioner McCabe

A NJ friend and local activist who has done great work on enforcing the C1 stream buffer protections just asked me a great question:

My initial question probably would be better posed asking how the C1 regs could be given back the teeth they were intended.

Here is my answer – I hope NJ environmentalists can read this and act accordingly:

At least 4 specific regulatory actions are needed by the Murphy DEP:

In addition, the Legislature can still legislatively veto the Christie rollbacks in the Flood Hazard (stream encroachment rules) like they did the Highlands septic density standard.

1. Withdraw C1 and related rollbacks in the Christie/Martin DEP adopted stream encroachment rules.

2. withdraw the C1 related changes in designation methodology adopted by the Corzine/Jackson DEP that narrowed the scope of the technical basis for and imposed onerous scientific burdens on C1 regulatory designations, and instead re-propose and adopt the original C1 methodology adopted by DEP back in 2002-2003 in the original round of designations.

3. Propose the list of Christie/Martin DEP staff recommended C1 upgrades issued in a DEP Report that evaluated the C1 program and recommended several new C1 upgrades.

4. Revoke the current C1 Guidance provisions in the stormwater rules. That Guidance document is part of the problem in field evaluation and mapping analysis of C1 streams and their associated buffers.

Replace the Guidance with a stricter technical approach.

I’ve written about all of this and there are links to the DEP documents mentioned above on Wolfenotes.com

Politically, these kind of commitments should have been part of the endorsement and transition Report process, but werent.

Now, the next chance to engage them is during DEP Commissioner nominee McCabe’s upcoming Senate Confirmation hearings.

Peace out!

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