"Important Issues" For The Delaware River Boater


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This Could Be Good News Regarding the Marsellus Shale Drilling - Read About The New Appointment


Marcellus Shale Water Issue


Remember The VX Nerve Gas They Were Trying To Send Our Way


Read About The Clean Boating Act


Send Your Comments Or Thoughts To The EPA Regarding The Clean Boating Act


NJ Tidelands / Riparian Fee Increase


Answers To Your Questions Regarding NJ Boating Safety Certificates


All NJ Boaters Need Boating Safety License As Of June 1, 2009


Our Hard Work Pays Off ! S2766 Signed By President Bush


Letter To CBYCA Commodore Marsh Regarding Plan of Attack on S2766


Letter From National Marine Manufacturers Association (NMMA) Regarding S2766


Info On Sending Letters To Senate On HR2550 / S2766


IMPORTANT - Clean Boating Act Introduced


Public Access To Tidal Waterways


Commission To Outline Plans For Delaware River Basin


Letter From Congressman Jim Saxton or H.R.2550


Developer Keeps Pennsauken Role For Petty's Island


Appeal From President Jusino To the Membership Regarding HR 2550


Boat US Info On HR 2550 - Gray Water Discharge


Waterfront Access Bill Needs Congressional Co-Sponsors


Storing Your Boat For Winter With E-10 Fuel


Gas Terminal Proposed Off New Jersey 


Letter From Senator Frank Lautenberg Regarding "Recreational Boating Act of 2007" (S. 2067)

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Public Access To Tidal Waterways

Towns seeking a share of the state's annual $25 million for shore-protection projects have a new mandate to provide public access to tidal waterways, beaches and shores, under broad new state rules adopted Monday.
Oceanside communities must provide public restrooms every half-mile along the beach as well as parking, according to a newly issued state Department of Environmental Protection fact sheet. The requirements have been discussed for more than a year in negotiations over beach replenishment projects, and municipal officials say they have contributed to some of the recent resistance to beach-building among seaside homeowners.
In their final form, the rules contain some modifications to address complaints from private marina operators, and allay fears that public access would be forced through bayside lagoon neighborhoods. In addition, the rules specify that towns, counties and nonprofit organizations seeking state Green Acres funding for sites along tidal waterways must provide public access, the fact sheet says.
Advocates for environmental and recreational groups welcomed the announcement.
"Having access doesn't mean much if you don't have a place to park," said Thomas P. Fote, legislative chairman for the Jersey Coast Anglers Association, which pushes for better waterfront access for fishermen.
It's a contentious issue for fishermen, even in places where public access was promised in earlier shore-protection projects, he said.
"The state needs to enforce the access in places like Deal and Sea Bright," Fote said.
Along the Point Pleasant Canal, neighbors have tried to block access, "and we've paid for that bulkhead and the maintenance with our tax dollars," Fote added.
In Sea Bright, Councilman Thomas E. Scriven said "We are deeply committed to public access."
In September 2006, the DEP sued Sea Bright and several beach clubs in the town over access. The borough maintained in a counterclaim filed in January that it has kept its promise to provide more access and public parking under a 1993 agreement, even though it contends the state changed its interpretation of the pact.
The newly adopted rules, Scriven said, address the same issues that the state raised in the lawsuit.
Beaches belong to all

Jeff Tittel, director of the Sierra Club's New Jersey chapter, commended DEP Commissioner Lisa P. Jackson for the new requirements.
"I think the rules were the first big step in a long time to open up access for the public to get to the beach," Tittel said. "The coast is a resource that belongs to all of us, and these rules will help make that so."
However, Harvey Cedars Mayor Jonathan S. Oldham said he favored more options and flexibility for coastal towns.
"I'm disappointed that the state didn't seem to listen a whole lot to what was said in the public hearings," Oldham said. "I think we have most of our issues covered in the beach access plan we submitted to the state two years ago."
That plan may fall just short of fulfilling mandated distances for parking and bathrooms, but Harvey Cedars has all of that at its bayside public park a couple of blocks from the ocean, Oldham said.
First proposed in November 2006, the rules seek to "maintain and enhance" public access to the beaches and tidal waters. The rules take legal justification from the public trust doctrine, a legal principle that dates back to Roman civil law, which New Jersey courts have held to be a guarantee of public access to and use of tidal waters.
The initial rule proposal surprised the marina industry, whose members said it made unreasonable demands for round-the-clock public access to boat yards and would expose them to liability from accidents.
As published, the rules would provide certain exceptions for some marinas, but clearly indicate that public access will be required at marinas that also have townhouse dwelling units and nonmarine commercial development.
The New Jersey Marine Trades Association asked the DEP to make changes, and the group needs to examine the document before commenting, said Melissa Danko, the organization's executive director.
Other exceptions

Other exceptions to public access are specified to cover issues such as military and homeland security, and natural resources problems, such as closing a shoreside area to protect endangered species.
Mindful of the coming rules, some beachfront communities have begun to think about meeting the new rule for public bathrooms every half-mile. Mantoloking officials are looking into providing portable, "luxury grade" lavatories that would be parked near the beach during the day and towed away at night during the summer.
The bathrooms demand has alarmed some residents who worry about the prospect of portable toilets like those used on construction sites. But the bathrooms are a comparatively minor issue compared with controversy over the perpetual easement access agreements the state wants from beachfront property owners before proceeding with the replenishment project on Long Beach Island, said Long Beach Township Mayor DiAnne C. Gove.
"The real step forward here is making sure that . . . access is usable by providing pathways to the beach parking spaces and bathrooms," said Tim Dillingham, executive director of the American Littoral Society.
The rules are "a tremendous step forward in . . . really guaranteeing the public that they can get to the ocean and to the beach and use it as their right," he said.
Dillingham said he's a little concerned about one change in the rules proposed Monday that would apply public access requirements only to the beach sections getting additional sand.
But if towns want beach replenishment, they will have to provide public access to that part of the beach, he said. It's an important issue because some towns for years have tried to reserve part of their beach for private homeowners by not building access ways, and "now they're going to face a real decision as to whether or not they want to protect that real estate through beach nourishment" he said.
The rules affect hundreds of miles of shoreline, including the 127-mile oceanfront and 83 miles of shoreline along Raritan and Delaware bays, according to the DEP documents.
ON THE WEB: Visit our Web site, www.app.com, and click on this story for a link to DEP's public access rules. Also join the online conversation on this topic in Story Chat.
Staff writer Nina Rizzo contributed to this story, which includes material from Asbury Park Press archives. Todd B. Bates: (732) 643-4237 or tbates@app.com



Commission To Outline Plans For Delaware River Basin



MATAMORAS — Plans that could ease flooding on the Delaware River as well as increase fishing and boating will be explained today by experts from the Delaware River Basin Commission.

The proposal, called a Flexible Flow Management Plan, is the commission's attempt to address concerns about flooding, recreational use, preserving the river's ecology and maintaining a drinking water supply for as many as 15 million people, including New York City.

The sessions, one from 3 to 5 p.m. and the other from 6:30 to 9:30 p.m., will be held at the Best Western Inn at Hunt's Landing on Routes 6 and 209. Experts from the commission and the Delaware River Master will present the plan in a Power Point display and take questions.

Another session will be held on Jan. 8 in Philadelphia, and the formal public hearing to accept public comments is scheduled for Jan. 18 at the West Trenton Volunteer Fire Company.

The commission, w created in 1961, is made up of governors' representatives from New Jersey, Pennsylvania, Delaware and New York and a representative of the federal government. While the commission administers the river basin, the flow management agreement was hammered out between the four states and New York City, a requirement set down by a 1954 U.S. Supreme Court decision dealing with how water from the river can be used.

New York City gets about half its drinking water from reservoirs on the upper reaches of the Delaware River, piping it through aqueducts through the Catskill Mountains. Numerous downstream cities, including Trenton and Philadelphia, also draw water from the river.

Three major floods along the river in 18-months led state officials to look at why the floods caused so much damage. Among the charges were that the reservoirs were mismanaged and, some claimed, were prime cause of such high water levels.

Although experts have shown the reservoirs played only a minor part in the flooding, there was a move to look at how the water levels held by New York City could be used to ease flooding in the future and how releases from the reservoirs can keep river levels high enough for recreation, provide enough cold, clean water to preserve one of the best trout-fishing areas in the country and provide a flow strong enough to keep the ocean from inching upstream toward the water intakes for places like Philadelphia.

The management plan calls for a 1,000-cubic-feet-per-second, or about 6 percent, increase in the flow of the river at Montague from mid-June to mid-September to coincide with the summer recreation period when thousands of people seek the whitewater of the Upper Delaware.

Under the Supreme Court's decision, New York City is allowed to take up to an average of 800 million gallons of water a day from its three reservoirs: Pepacton on the East Branch of the Delaware, Cannonsville on the West Branch and Neversink Reservoir on the Neversink River which flows into the Delaware near where the borders of New Jersey, New York and Pennsylvania meet.

In the past, the city has tried to keep as much water as possible in its reservoirs, reasoning that a drought could start at any time. According to critics, the fact the reservoirs were nearly full meant they could not absorb the rainfall which, in turn, led to higher flood levels.

People concerned about the ecology of the river said that low levels lead to warmer water, which kills off or weakens aquatic life that needs colder water to survive.

The plan provides a set of charts to outline so-called mitigation releases during certain times of the year to provide a water level suitable to protect the ecology of the river immediately downstream of the three reservoirs and to provide more of a void, or lower reservoir capacity, which would serve a a kind of shock absorber in heavy rain or snowmelt events.

The commission will take testimony on the plan through the close of business on Jan. 18. Details on how to submit written statements, as well as the full flexible flow management plan, are available on the commission's Web site at: www.state.nj.us/drbc./



Part Of A Letter From Congressman Jim Saxton From N.J. 3 District On The H.R. 2550

December 12, 2007

Mr. Robert Oehrle

603 Cherrix Avenue Beverly, NJ 08010-1829

Dear Mr. Oehrle:

Thank you for contacting my office regarding H.R. 2550, the Recreational Boating Act~

As you know, H.R. 2550 was introduced by Representative Gene Taylor (D-MS) on May

24, 2007. This legislation would permanently codify the long-standing exemption for incidental recreational boat discharges under the Clean Water Act. Furthermore, it would grant the

Environmental Protection Agency authority to reinstate its thirty-four year exemption for

recreational boats, which a U.S. District Court nullified in September 2006. Boats will continue

to be heavily regulated for sewage, oil, garbage and other pollutants under existing statutes.

The Recreational Boating Act of 2007 was last referred to the House Committee on Transportation and Infrastructure on May 24, 2007, where it awaits further consideration. Although I do not serve on this Committee, I support the legislation and will certainly support it should this bill come to the House floor for a vote.

Again, thank you for contacting my office. Please feel free to do so again in the future, and I encourage you to visit my website at www.house.gov/saxton  for up-to-date information on issues of importance to the Third District of New Jersey.

[ Parts of the letter were trashed in the transmission - Editor Byron]



Developer Keeps Pennsauken Role For Petty's Island


Courier-Post Staff


A new policy in Camden could eliminate Cherokee Investment Partners' role in redeveloping Cramer Hill, but the firm is still slated to handle a $1.2 billion waterfront overhaul in Pennsauken.

Township officials named Cherokee as the master developer in May 2004 to build more than 3,000 residential units, an 18-hole golf course, 300,000 square feet of commercial and retail space, a hotel, a network of parks and a marina on Petty's Island and 600 acres along the Delaware River shoreline.

Part of the project is tied up in litigation, with the state Supreme Court slated to hear arguments from Vineland Construction, another developer that owns a 137-acre parcel in the redevelopment zone.

Vineland, which seeks to develop its own parcel, contends in court papers Cherokee used political influence to gain exclusive rights to handle the entire project.

Attorneys representing Vineland cited a March 2004 e-mail from a lawyer who represents Cherokee to a company principal, inquiring about the status of a contribution on behalf of then-Gov. James E. McGreevey.

Two Cherokee principals made a combined $20,000 donation to the Democratic State Committee in April 2004, according to filings by Vineland attorneys.

Cherokee Vice President David O'Neill denied the role of politics in the company's selection.

The company was chosen after submitting "a comprehensive proposal and statement of qualifications that highlighted Cherokee's commitment to transforming an underutilized and environmentally compromised redevelopment area into vibrant new communities," O'Neill said.

"Pennsauken had a previously adopted redevelopment plan for the waterfront and Cherokee was designated redeveloper based on the strength of its proposal and qualifications as a firm that has successfully invested in hundreds of complex brownfield redevelopment properties worldwide," O'Neill said.

A divided Appellate Court panel ruled in favor of Pennsauken and Cherokee in July, finding the township had a legitimate right to use a single developer for the waterfront overhaul.

Lloyd Levenson, an attorney for Vineland Construction, declined to discuss how Camden's decision to rescind its relationship with Cherokee could affect the Pennsauken case.

Reach Sarah Greenblatt at (856) 486-2457 or at sgreenb@courierpostonline.com



Appeal From President Jusino To The Membership Regarding HR 2550

Hope you are all well and preparing for a joyous Holiday Season!  Mary and I would like to wish you all a Very Very Happy Holiday Season and please do not forget to keep our Servicemen and Servicewomen in your thoughts and prayers, especially those not being able to be home for the Holidays.

Now, the reason for this email is to please pass the information on to your members and ask them to please contact their Congressman or Congresswoman and ask them to please support this bill listed below, HR 2550. The link to Boat US HR 2550 will give you more information and I am sure our NJ Legislation Rep John Honer and NBF / PBA Rep Bob Williams will have more on this for us at our next meeting.    Again, Happy Holidays to you all and hope to see you all soon!



Boat US Info On HR 2550

Boat US Info On HR 2550 - Gray Water Discharge




H.R. 3223, the “Keep our Waterfronts Working” Act

ALEXANDRIA, Va., Dec. 13, 2007 -- Increasingly, recreational boat marinas and launch ramps, repair yards, commercial fish docks, bait shops and other water-dependent businesses are being pushed off the waterfront as a result of residential development pressures, skyrocketing tax burdens and shortsighted planning. But a bill now in Congress, H.R. 3223, would provide federal funding to coastal and Great Lakes states to help preserve and expand water access and protect working waterfronts.

Introduced in June by Rep. Thomas Allen (D-ME) and co-sponsored by Rep. Lois Capps (D-CA) H.R. 3223, the “Keep our Waterfronts Working Act” would provide matching grants through state coastal zone management programs to support “water-dependent commercial activities.” Local governments could use grant funds to purchase a threatened marina outright, or a non-profit entity could obtain a grant to buy development rights in order to keep a working boatyard, public marina, fish wharf or crab wholesaler in business, rather than sell out to a residential developer.

Boat Owners Association of The United States, (BoatU.S.) is urging recreational boaters as well as any citizen with a desire to keep waterfront access available for water-dependent businesses to contact their member of Congress and urge them to co-sponsor the bill.

To be eligible, a state would have to develop a working waterfront plan and appoint an advisory committee to oversee the program. Grants made under the proposed legislation must “provide for expansion or improvement of public access to coastal waters.” Purchases made through the Grant program would require 25% of the total budget to come from non-federal funds. The Act would provide $25 million, $50 million and $75 million to the states over three successive years.

The bill reflects a number of key concepts explored during last July’s “Working Waterways and Waterfronts Symposium” that was co-sponsored by BoatU.S. and Virginia Sea Grant to address the loss of recreational boating access.

“This legislation will place decision-making much closer to the people and businesses that depend on our waterfronts,” said BoatU.S. Assistant Vice President of Government Affairs Ryck Lydecker.

For more information or for help emailing a letter to your member of Congress go to http://www.BoatUS.com/gov/workingwaterfronts BoatU.S. is the nation’s leading advocate for recreational boaters with over 650,000 members.


Letter From Senator Frank Lautenberg

Dear Mr. Oehrle : Thank you for contacting me about the "Recreational Boating Act of 2007" (S. 2067). Recreational boating is a vital and enjoyable activity for many people and families, and it also is an important element of the economy for coastal states like New Jersey As you noted in your letter, a recent federal court case struck down an exemption from permitting requirements of the Clean Water Act for recreational vessels. Currently, the Environmental Protection Agency has until September 2008 to develop a permitting system for all recreational vessels. Like you, I am concerned about the potential for many boaters such as those owned by families in New Jersey , to be burdened by onerous permitting requirements that will provide little additional protection for the environment. I support Congressional action to address these concerns. That is why I am working with Senators Barbara Boxer (D-CA) and Bill Nelson (D-FL) to ensure that we protect small recreational boaters from overly burdensome permitting requirements while maintaining needed environmental and public health protections for our waters. I am confident that we can develop an appropriate solution to this problem. Thank you again for contacting me about this important issue.



Open Slot 10




The NY Times

December 11, 2007

Gas Terminal Proposed Off New Jersey

Exxon Mobil said today that it plans to build a $1 billion floating natural-gas terminal about 20 miles off the New Jersey coast, a move it thinks could help deflect potential opposition because of the project’s distance from shore.

The company plans to anchor a boat-like structure in the Atlantic Ocean to process natural gas imported by cargo from faraway suppliers in the Middle East, Europe or Africa.

The terminal, if approved, would connect to shore through an underwater pipeline linking it to an existing network feeding New York and New Jersey, two of the top consumer markets in North America.

This is the third offshore terminal proposed for the New York region in recent years. Another proposal to build a natural gas terminal in the middle of the Long Island Sound has drawn sharp concerns about its effect on fishing and boating and is strongly opposed by local communities and politicians.

For Exxon, going so far offshore is an effort to curb vociferous opposition that has dogged natural-gas terminals on both coasts of the United States, particularly since the terrorist attacks of Sept. 11, 2001.

The project, called BlueOcean Energy, would have the capacity to supply 1.2 billion cubic feet of natural gas a day, about 2 percent of the nation’s natural gas consumption and enough to meet the needs of five million residential customers.

The problem of finding sites for new facilities has become one of the thorniest in the nation’s energy debate. Energy specialists and government forecasters say more supplies will be needed in coming decades to meet the growth in the nation’s consumption, especially of natural gas.

Exxon said its plant will be anchored about 30 miles from the coast of Long Island and will not be visible from shore. It will also stay clear of shipping lanes and recreational areas.

“We have tried to learn from our past experiences and that of the industry in general,” said Ron P. Billings, Exxon’s vice president for global liquefied natural gas. “In siting this terminal, we have tried to take into account sensitivity and concerns about safety, security, and environmental issues.”

The company said it would start the long process of seeking regulatory approval from state and federal agencies, as well as the Coast Guard. Because of the complex regulatory process, the plant would not be complete until the middle of the next decade.






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