Sent: Sunday, February 11,
2007 10:08 AM
Subject: King cover letter to
Commissioner Jackson
Dear Commissioner
Since the New Jersey Supreme Court
reasserted the right of the Department to establish the 300-foot buffer on C1
waters last spring, we have been in
communication with the Department about the right of the Department to enforce
the buffer rules.
Of special concern to us has been the
reduction of buffers as land is converted from active agricultural use.
Attached
is a history of relevant
anti-degradation C1 rules, an explanation of a deficiency in the Functional
Value Analysis, plus
other needed actions by the Department,
including correction of buffer guidance to municipalities. We remain
available to clarify any of these
points.
Clearly, in our view, the sanctity of
the 300-foot buffer is immutable. Thus, we have continuing concern about
any
reduction in these buffers. In
particular, the Governor's flood plain initiative appears to be opening the door
for such
reductions by establishing a procedure
for buffer reductions. It would be tragically ironic if flood control
measures
became the latest tool for reducing
these necessary protections of
Sincerely,
Mike King, Coordinator
REALsmart