122004c

NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
Land Use Management
Water Monitoring and Standards

Notice of Rule Proposal
Surface Water Quality Standards N.J.A.C. 7:9B-1.15, Classification
and Antidegradation Upgrade of Shark River

Public Notice
Take notice that the New Jersey Department of Environmental
Protection (Department) is proposing amendments of the Surface
Water Quality Standards (SWQS), N.J.A.C. 7:9B. The SWQS govern
the protection and enhancement of surface water quality and
resources of the State of New Jersey. The rules include stream
classifications (comprised of a use classification and an antidegradation
designation), policies (including antidegradation policies),
and water quality criteria for conventional and toxic pollutants
applicable to all of the surface waters of the State. The SWQS
are intended to aid the Department’s implementation of the New
Jersey Pollutant Discharge Elimination System (NJPDES) rules
at N.J.A.C. 7:14A, Freshwater Wetlands Protection Act rules
at N.J.A.C. 7:7A, Flood Hazard Area Control Act at N.J.A.C.
7:13-4, Stormwater Management rules at N.J.A.C. 7:8, and Water
Quality Management Planning rules at N.J.A.C. 7:15.

The Department is proposing to amend the SWQS at N.J.A.C. 7:9B-1.15(c)
to segment the non-tidal portion of Shark River from its source
to Remsen Mill Road and rename this segment as Shark River Brook.
In addition, the Department is proposing to upgrade the antidegradation
designation of the Shark River Brook and its named and unnamed
tributaries from Category Two to Category One based on “exceptional
water supply significance.” In addition, the Department
is proposing to delete the twofold fresh and saline use classifications,
FW2-TM/SE1 and FW2-NT/SE1 applicable to portions of the Shark
River Brook and Shark River based on the monitoring data available
on the levels of salinity. As a result, the non tidal portion
of Shark River Brook from Route 33 to Remsen Mill Road is being
proposed for reclassification as freshwater (FW2) and the tidal
portion of the Shark River from Remsen Mill road to Atlantic
Ocean is being proposed for reclassification as saline estuarine
(SE1). However, the use classifications based on the trout status
(FW2-TM and FW2-NT) applicable to the freshwater portion of
the Shark River Brook remain the same.

The proposal will be published in the New Jersey Register dated
December 20, 2004. View the proposal on the Water Monitoring and Standards
web site.

Comments should be submitted by February 18, 2005 to:
Leslie W. Ledogar, Esq.
Attn. DEP Docket Number 32-04-11/432
NJDEP Office of Legal Affairs
P.O. Box 402
Trenton, NJ 08625-0402

The comment period has been extended. View
notice of extension.