FINDINGS FOR THE
    NEW JERSEY COASTAL NONPOINT PROGRAM


FOREWORD

     This document contains the findings for the coastal
nonpoint pollution control program submitted by the State of New
Jersey pursuant to Section 6217(a) of the Coastal Zone Act
Reauthorization Amendments of 1990 (CZARA).  The findings are
based on a review of the New Jersey Coastal Nonpoint Program
Final Program Submittal, July 1995 and supplemental material
provided by New Jersey subsequent to the program submittal.  The
National Oceanic and Atmospheric Administration (NOAA) and
the U.S. Environmental Protection Agency (EPA) reviewed this
information and evaluated the extent to which it conforms with the
requirements of CZARA.

     NOAA and EPA commend New Jersey on the substantial
amount of time and effort put into developing your program and
we appreciate the commitment the State has shown to complete an
ambitious task with limited resources.  We will continue to work
with coastal states and territories to ensure that these findings
represent an accurate assessment of current state and territory
abilities and efforts to address coastal nonpoint source pollution. 
We recognize that there may be further administrative changes to
the coastal nonpoint program that will impact these findings and
we assure you that, once such changes are finalized, we will review
these findings in light of the changes and make any necessary
adjustments. 


APPROVAL DECISION

     NOAA and EPA approve the coastal nonpoint pollution
control program submitted by the State of New Jersey pursuant to
Section 6217(a) of the Coastal Zone Act Reauthorization
Amendments of 1990, subject to certain conditions.  

     This document provides the specific findings used by
NOAA and EPA as the basis for the decision to approve the State's
program.  It also provides the rationale for the findings and
includes conditions that will need to be met for New Jersey to
receive final approval of its program.  We recognize that New
Jersey has already proposed some changes to its program that
would, if finalized, ensure implementation of the  management
measures in conformity with the section 6217(g) guidance.  In
these cases, the conditions are based on the State's proposed
changes. The timeframes associated with conditions become
effective on the date of the approval letter for these findings.
INTRODUCTION

      This document is organized by the major nonpoint source
categories and subcategories identified in the section 6217(g)
guidance and the administrative elements identified in the program
guidance (including the boundary for the 6217 management area). 
Where appropriate, NOAA and EPA have grouped categories and
subcategories of management measures into a single finding.  The
structure of each finding follows a standard format.  Generally, the
finding is that the state program includes or does not include
management measures in conformity with the (g) guidance and
includes or does not include enforceable policies and mechanisms
to ensure implementation.  In some cases, the finding reflects that
the state has identified a back-up enforceable policy, but has not
yet demonstrated the ability of the authority to ensure
implementation.  For further understanding of terms in this
document, the reader is referred to the following:

Guidance Specifying Management Measures for Sources of
Nonpoint Pollution in Coastal Waters (EPA, January 1993)
Coastal Nonpoint Pollution Control Program:  Program
Development and Approval Guidance (NOAA and EPA, January
1993)
Flexibility for State Coastal Nonpoint Programs (NOAA and EPA,
March 1995)

     The references in this document refer to the New Jersey
Coastal Nonpoint Program Final Program Submittal, July 1995
("program submittal").  NOAA and EPA have written this
document as succinctly as possible.  We have relied upon, but do
not repeat here, the extensive information that the State has
included in its program submittal.  Further information and
analysis, including material provided by New Jersey subsequent to
the program submittal, is contained in the administrative record for
this approval decision and may be reviewed by interested parties at
the following locations:

EPA/Office of Wetlands, Oceans and Watersheds
Assessment and Watershed Protection Division
Nonpoint Source Control Branch
401 M Street, SW (4503-F)
Washington, DC  20460
Contact:  Ed Drabkowski (202-260-7009)

NOAA/Office of Ocean and Coastal Resource Management
Coastal Programs Division
SSMC-4, N/ORM3
1305 East-West Highway
Silver Spring, MD  20910
Contact:  Helen Grady (301-713-3105, ext. 150)

U.S. EPA, Region II
Water Quality Management Section
290 Broadway, 25th Floor
New York, NY  10007-1866
Contact:  Donna Somboonlakana (212-637-3700)
I.   BOUNDARY

FINDING:  New Jersey's boundary is sufficient to control the land
and water uses that have or are reasonably expected to have a
significant impact on the coastal waters of New Jersey.

RATIONALE:  New Jersey's 6217 management area
encompasses the entire State.  NOAA's boundary recommendation
included 80 percent of the entire land area of New Jersey, with
only a small area of the Delaware Bay watershed above the head-
of-tide at Trenton being excluded.  New Jersey decided that due to
the similarity between the excluded area and the remainder of the
Delaware Bay watershed, and for the purpose of simplifying
implementation of the coastal nonpoint program, including the
entire State in the 6217 management area is warranted.

II.  AGRICULTURE

FINDING:  New Jersey's program includes management
measures in conformity with the 6217(g) guidance.  The State has
identified a back-up enforceable authority but has not yet
demonstrated its ability to ensure implementation throughout the
6217 management area.

CONDITION:  Within one year, New Jersey will develop a
strategy (in accordance with section XIV, p. 14) to implement the
agricultural management measures throughout the 6217
management area. 

RATIONALE:  New Jersey implements the agricultural
management measures through voluntary conservation plans
developed and administered under the regulations promulgated
under the State's Agriculture Retention and Development Act. 
Under this authority, farmers are eligible for financing for soil and
water conservation projects that are in accordance with the NRCS
Field Office Technical Guide.  The New Jersey Water Pollution
Control Act (NJWPCA) is proposed as the back-up enforceable
authority where an actual water quality violation has occurred. 
However, the State's program does not yet explain how the
provisions of the NJWPCA will be applied.  In a telephone
conversation subsequent to the State's submittal of its program
document to NOAA and EPA for approval, state representatives
advised NOAA that the State is considering promulgating new
regulations under the NJWPCA to more explicitly address
agricultural nonpoint pollution sources.

New Jersey has proposed a Memorandum of Agreement (MOA)
dated October 24, 1995 between the New Jersey Department of
Environmental Protection (NJDEP), the New Jersey Department of
Agriculture and USDA-NRCS to implement the 6217(g)
agricultural management measures and to define the steps for using
the NJWPCA as the State's back-up authority.  The draft MOA
currently includes a provision that, "technical assistance and at
least 50 percent financial assistance" must be available before
water quality problems are referred to NJDEP for resolution under
the NJWPCA.  NOAA and EPA are concerned that the MOA, as
proposed, could make it impossible for New Jersey to ensure
implementation unless New Jersey is willing and able to pay 50
percent of the cost of implementation.  New Jersey has stated that
there is a likelihood that the technical and 50 percent
implementation requirements will be removed from the final
MOA.  NOAA and EPA strongly encourage New Jersey to adopt a
less restrictive MOA to establish a framework that can achieve
implementation through its proposed approach.

III. FORESTRY

FINDING:  New Jersey has provided sufficient justification to
support a categorical exclusion of forestry from its coastal
nonpoint program.

RATIONALE:  Of the 1.8 million acres of timberland in New
Jersey, approximately 1.4 million acres are privately owned.  Since
1988, an average of 1,500 acres have been harvested from these
privately owned forests.  In addition, approximately 1,074 acres
per year of timber stand improvement practices (intermediate
practices) have been performed and 308 acres per year have been
planted (reforestation) per year statewide on private property. 
Based on this and other data,  New Jersey estimates that
silvicultural activities annually occur on only 0.14 percent of
statewide forestlands.

Forestry was not cited as a significant nonpoint source in New
Jersey's 1989 Nonpoint Assessment Report.  In the 1988 305(b)
report, only two waterbodies were identified as potentially
impacted by forestry activities.  Based on the limited amount of
forestry activity taking place in the State, and the data indicating a
lack of water quality impairments from forestry activities, an
exclusion of forestry from New Jersey's coastal nonpoint program
is justified.

IV.  URBAN RUNOFF

     A.   NEW DEVELOPMENT and SITE DEVELOPMENT

FINDING:  New Jersey's program includes management
measures in conformity with the 6217(g) guidance except the
State's design storm for the new development management
measure is inadequate.  The program includes enforceable policies
and mechanisms to ensure implementation, except they apply only
in certain areas of the State.

CONDITION:  Within three years, New Jersey will include in its
program enforceable policies and mechanisms to ensure
implementation of the new development and site development
management measures throughout the 6217 management area. 
Within three years, New Jersey will also incorporate the two-year,
24-hour design storm into its program. 

RATIONALE:  The New Jersey Coastal Permit Program Rules
govern the NJDEP's permitting processes under the Coastal Area
Facility Review Act (CAFRA), the Waterfront Development Law,
and the Wetlands Act of 1970.  The Rules on Coastal Zone
Management (Coastal Rules) require minimization of stormwater
runoff rates and volumes and reduction of total suspended solids
(TSS) from predevelopment levels.  This is functionally equivalent
to the 80% TSS reduction called for in the new development
management measure.  In addition, the State has proposed the
incorporation of the 80% TSS reduction for major developments as
a water quality goal in its proposed revisions to its Stormwater
Management Rules, promulgated pursuant to New Jersey's
Stormwater Management Act.  An accompanying revision would
also incorporate this standard into the Coastal Permit Rules. 
Without these proposed revisions, the TSS standards that meet the
management measure are currently only applicable within the
State's coastal zone though the Coastal Rules, and do not apply
throughout the entire 6217 management area.  In addition, the
water quality design standard used by the State for both sets of
rules is either the 1-year, 24-hour storm or the control of the two-
hour 1.25 inch rain.  This design storm does not meet the
management measures, which call for the use of a two-year, 24-
hour design storm to control runoff and achieve 80 percent TSS
loading reductions.  New Jersey is in the process of analyzing
whether there should be two water quality design storms or only
one.  Consideration is being given to having a single water quality
design storm, as currently proposed in the State's stormwater
regulations.

The Flood Hazard Area Control Rules enable the NJDEP to issue
permits for development in areas outside the jurisdiction of the
Coastal Rules and require that stormwater systems be designed to
reduce, to the maximum extent possible, the TSS levels generated
from development for storm events up to the water quality design
storm, and to retain as closely as possible the pre-project
construction hydrologic conditions on the site.

Both the Flood Hazard Area Control Rules and the Coastal Rules
contain provisions in conformity with the components of the site
development management measure, including the protection of
vegetation and endangered species and the minimization of
disturbed areas at project sites.  Additionally, the Coastal Rules
require site designs to minimize impervious surfaces.  NOAA and
EPA encourage the State to pursue adoption of the proposed draft
Storm Water Management Rules, which would provide a more
comprehensive mechanism to implement the new development and
site development management measures.

B.   WATERSHED PROTECTION and EXISTING
DEVELOPMENT

FINDING:  New Jersey's program includes management measures
that are in conformity with the 6217(g) guidance, except the
program does not include a means to identify priority watershed
pollutant reduction opportunities or a schedule for implementing
appropriate controls.   The 
program includes enforceable policies and mechanisms to ensure
implementation throughout the 6217 management area.

CONDITION:  Within two years, New Jersey will include in its
program a means to identify priority watershed pollutant reduction
opportunities and a schedule for implementing appropriate controls
in conformity with the existing development management measure.

RATIONALE:  New Jersey has a number of programs and
authorities in place that provide for implementation of these
management measures.  For example, the Coastal Permit Program
Rules either prohibit or restrict development in areas particularly
susceptible to erosion and sediment loss, including coastal high
hazard areas, dunes, overwash areas, erosion hazard areas, coastal
bluffs and steep slopes.  The Coastal Permit Program Rules and
Flood Hazard Area Control Act Rules prohibit or limit
development or other activities in areas that are necessary to
maintain riparian and aquatic biota, including shellfish habitat,
prime fishing areas, finfish migratory spillways, submerged aquatic
vegetation beds, wetlands, and wetland buffer zones.  The Coastal
Permit Program Rules also establish environmental sensitivity
rankings for potential development sites, including their general
suitability for development based on soils and on-site vegetation. 
High-sensitivity rankings are applied to areas that are particularly
sensitive to impacts and that have significant value for open space,
screening, ground and surface water purification and wildlife
habitat.  New Jersey also has a well-established Green Acres
program whose purpose is to provide funds for the purpose of
acquiring open lands for conservation and pollution control,
including abating pollution caused by stormwater runoff, soil
erosion, and other nonpoint sources.  The State has identified a
number of Green Acres projects whose primary focus is to protect
watersheds.  However, the State's program does not include a
means to identify priority watershed pollutant reduction
opportunities or a schedule for implementing appropriate controls.

     C.   CONSTRUCTION SITE EROSION and SEDIMENT
     AND CHEMICAL CONTROL

FINDING:  New Jersey's program includes management measures
in conformity with the 6217(g) guidance for construction site
erosion and sediment control but does not include management
measures in conformity with the 6217(g) guidance for construction
site chemical control.  The program includes enforceable policies
and mechanisms to ensure implementation of construction site
erosion and sediment control.  For construction site chemical
control, the State has identified a back-up enforceable policy and
mechanism to implement the measure, but has not yet
demonstrated the authority's ability to ensure implementation
throughout the 6217 management area.

CONDITION:  Within two years, New Jersey will include it its
program management measures in conformity with the
construction site chemical control management measure.  Within
one year, the State will develop a strategy (in accordance with
section XIV, p. 14) for ensuring 
the implementation of the construction site chemical control
management measure throughout the 6217 management area.

RATIONALE:  New Jersey's Soil Erosion and Sediment Control
Act requires that the local soil conservation district certify a soil
erosion and sediment control plan prior to the approval of an
application for project development.  In addition, the State's
Stormwater and Nonpoint Source Pollution Control Best
Management Practices Manual promotes incorporation of best
management practices in site planning, promotes minimum site
disturbance and alternative landscaping, and emphasizes the
protection and avoidance of environmentally sensitive areas.

NJDEP's Pesticide Control Program regulates restricted use
pesticides.  The application, storage, and disposal of non-restricted
use pesticides and other toxic materials are not regulated or
otherwise addressed by the State's program.  The State cites the
NJDEP Enforcement Program under the Water Pollution Control
Act as the enforceable policy and mechanism for this management
measure, but has not yet demonstrated that its use will result in
implementation of the construction site chemical control
management measure.

D.   NEW and OPERATING ONSITE DISPOSAL
SYSTEMS  (OSDS)
 
FINDING:  New Jersey's program includes management measures
in conformity with the 6217(g) guidance and enforceable policies
and mechanisms to ensure implementation, except the program
does not include:  (1) a means to ensure a 50 percent nitrogen
discharge reduction in areas where nitrogen-limited surface waters
may be adversely affected by excess nitrogen loadings from
ground water; and (2) for operating OSDS outside the Pinelands
area, a program to ensure inspection at a frequency adequate to
determine whether systems are failing.

CONDITION:  Within three years, New Jersey will amend its
Standards for Individual Subsurface Sewage Disposal Systems to
include:  (1) a means to reduce nitrogen loadings by 50 percent
where nitrogen-limited surface waters may be adversely affected
by excessive nitrogen loadings from ground water; and (2) a
process for inspection at a frequency adequate to determine
whether systems are failing.

RATIONALE:  With the exceptions noted above, New Jersey's
program achieves the goals and objectives of these management
measures.  New Jersey's Standards for Individual Subsurface
Sewage Disposal Systems regulate the location, design,
construction, placement, and installation of onsite disposal
systems.  However, the Standards do not include a requirement to
install or retrofit OSDS to reduce nitrogen loadings to
groundwaters that are closely hydrologically linked to and may
adversely affect nitrogen-limited surface waters.  While district
sewerage authorities have the power to establish an inspection
program to be performed at least once every three years on all
OSDS, the State's program does not generally provide for periodic
inspections of operating OSDS to ascertain whether systems are
failing, except for systems within the Pinelands where inspections
are required every three years.  The State may wish to adopt more
broadly the approach that is currently used in the Pinelands, or to
consider other means to comprehensively ensure that district
sewerage authorities establish inspection programs.

E.   POLLUTION PREVENTION

FINDING:  New Jersey's program includes management measures
in conformity with the 6217(g) guidance.

RATIONALE:  New Jersey describes a number of existing
educational and public involvement programs that implement the
components of this management measure.  These programs
include, among others, the Household Hazardous Waste Program,
Nonpoint Source Education Program, Clean Communities
Program, Soil Conservation Program with Rutgers Cooperative
Extension, and a number of public education documents.

F.   ROADS, HIGHWAYS, AND BRIDGES

FINDING:  New Jersey's program includes management measures
in conformity with the 6217(g) guidance and includes enforceable
policies and mechanisms to ensure implementation, except for
construction site chemical control and runoff systems, and
operation and maintenance for local roads.

CONDITION:  For construction site chemical control and runoff
systems, and operation and maintenance for local roads, within
three years, New Jersey will include in its program management
measures in conformity with the 6217(g) guidance and enforceable
policies and mechanisms to ensure implementation.  


RATIONALE:  New Jersey is meeting most of the management
measures and enforceable policies and mechanisms requirements
for State and federally-funded roads, highways, and bridges
through the New Jersey Department of Transportation's (NJDOT)
Roadway Planning and Design Review Process Program.  For local
roads, highways and bridges not overseen by NJDOT, activities
that involve land disturbances of more than 5,000 square feet are
required to receive plan certification from the local soil
conservation districts.  The standards applied by the soil
conservation districts for issuing certification are the statewide soil
erosion and sediment control standards.  In addition, State or
federally funded activities and local roads, highways and bridges
require State permits for activities taking place in tidal and
freshwater wetlands, stream encroachment areas, and coastal areas. 
 However, neither the statewide soil erosion and sediment 
control standards, nor other State permits that may be required
address operation and maintenance for local roads, highways and
bridges.  The State cites the "Standard Operating Procedure for
Managing Soil/Groundwater Contamination Issues" (SOP) and a
supporting Memorandum of Understanding as the enforceable
policy and mechanisms for meeting the construction site chemical
control management measure.  However, the SOP is limited to the
cleanup of existing contamination onsite prior to construction
activity and not during and after construction where pollution
prevention procedures are needed to control toxic substances,
including oils, grease, solvents, and gasoline that are used during
construction activities.  The State has also not sufficiently
indicated how it identifies priority and watershed pollutant
reduction opportunities and establishes schedules for implementing
appropriate controls, as directed by the management measure for
road, highway and bridge runoff systems.  

V.   MARINAS

FINDING:  New Jersey's program includes management measures
in conformity with the 6217(g) guidance and enforceable policies
and mechanisms to ensure implementation, except for boat
cleaning. 

CONDITION:  For boat cleaning, within three years New Jersey
will include in its program management measures in conformity
with the 6217(g) guidance and enforceable policies and
mechanisms to ensure implementation.

RATIONALE:  New Jersey proposes to implement the
management measures through a combination of the Coastal
Permitting Program and several other permitting programs and
laws, including the Freshwater Wetlands permit program, the
Stream Encroachment permit program, the County Environmental
Health Act and the New Jersey Boat Act of 1962. 

For most of the management measures, including marina flushing,
water quality assessment, fueling station design, sewage facility,
solid waste management, fish waste, petroleum control and
maintenance of sewage facilities, the State is proposing relying on
the Coastal Permit Program as the enforceable policy and 
mechanism.  The Coastal Rules contain management measures in
conformity with the 6217(g) measures and provide sufficient
enforceable policies and mechanisms to implement these
management measures; however these apply only in the State's
coastal zone, not throughout the entire 6217 management area. 
The State has supplied information which indicates that the number
of boats and marina operations outside of the coastal area (fewer
than 1,000 boats, 13 marinas in Lake Hopatcong and Greenwood
Lake) are very limited.  In addition, many of the large inland water
bodies are used for drinking water supply and are strictly and
closely managed to protect water quality.  Therefore EPA and
NOAA agree that New Jersey can exclude these marina and
boating activities in freshwater lakes because the State has
demonstrated that these activities in freshwater lakes from its
coastal nonpoint program do not and are not reasonably expected
to, individually or cumulatively, present significant adverse effects
to living coastal resources or human health.

New Jersey has stated that it does not currently have enforceable
policies and mechanisms to implement the boat cleaning
management measure, although it identified practices in its
proposed best management practices manual for marinas and boat
operators that would be in conformity with the 6217(g) guidance.

The State is in the process of developing a best management
practices manual and public outreach programs to educate boaters
and marina owners on preventing pollution at marinas.  NOAA and
EPA encourage the State to complete the best management
practices manual in a timely manner and to ensure that the manual
addresses all of the marina operation and maintenance management
measures.

VI.  HYDROMODIFICATION

FINDING:  New Jersey's program includes management
measures in conformity with the 6217(g) guidance, except the
State's program does not include a process to improve surface
water quality and restore instream and riparian habitat through the
operation and maintenance of existing modified channels, nor does
it contain management measures for the effects of existing dams on
surface water quality and instream and riparian habitat.  The
program includes enforceable policies and mechanisms to ensure
implementation.

CONDITION:  Within three years, New Jersey will (1) include it
its program a process to improve surface water quality and restore
instream and riparian habitat through the operation and
maintenance of existing modified channels; and (2) include in its
program management measures for the effects of existing dams on
surface water quality and instream and riparian habitat.

RATIONALE:  New Jersey requires permits for projects
involving channel modifications and stabilization of shorelines and
streambanks.  Proposed channelization projects are evaluated and
designed to reduce undesirable impacts.  Activities are also
regulated within 25 feet of the top of the bank (50 feet in cases of
trout-associated waters) to protect the integrity of the streambank. 
Programs that address the channelization management measures
include the Freshwater Wetlands Program, which ensures that
channel alterations are as close to natural channel conditions as
possible, and the Coastal Permit Program, which evaluates
proposed activities for minimization of impacts.  Certain
undesirable practices, such as the overuse of rip-rap and concrete
channels are discouraged.  New Jersey's program addresses
operation and maintenance requirements for new modified
channels in coastal areas where necessary (e.g., when a permit is
required), however, the State's program does not include a process
to improve surface water quality and restore instream and riparian
habitat in existing modified channels.  The State proposes to
address this issue as part of its new watershed planning initiative.

The management measures for dams are implemented through
several existing programs.  The Stream Encroachment Program
requires erosion and sediment control plans for projects affecting
more than 5,000 square feet at dams greater than 5 feet in height,
and specifies conditions on permits for proper storage and disposal
of toxic materials, as well as including best management practices
for pretreatment of vehicle washoff and restrictions on storage and
disposal of materials at construction sites.  The chemical pollutant
control management measure is further met through the Pesticide
Control Program, the Coastal Rules and the Freshwater Wetlands
Protection Act.  Protection of surface water quality and instream
and riparian habitat is implemented through the Dam Safety
Program and the Office of Environmental Review's evaluation of
proposed dams for effects on surface water quality and instream
and riparian habitat.  The Water Allocation Program requires
practices in dam projects for the effects on surface waters and
habitat, however the State's program does not contain management
measures for the effects of existing dams on surface water quality
and instream and riparian habitat, particularly for downstream
impacts from releases.

The State has several programs to fully address nonpoint source
pollution from erosion of streambanks and shorelines.  For
example, the Soil Conservation Program conducts a statewide
survey of problem areas for streambank and shoreline erosion and
provides technical and financial assistance for
shoreline/streambank stabilization.  Permits are required for work
along streams within 25 feet of the top of the bank to protect the
integrity of the streambank.  Vegetative practices are given
preference, and structural solutions are only acceptable if it is
demonstrated that nonstructural solutions are impractical or
infeasible.  Finally, the Stream Encroachment Program includes
requirements relating to stream stability and the control of projects
that pose a danger of introducing sediment into a watercourse.

VII. WETLANDS, RIPARIAN AREAS and VEGETATED
TREATMENT SYSTEMS

FINDING:  New Jersey's program includes management measures
in conformity with the 6217(g) guidance, and includes enforceable
policies and mechanisms to ensure implementation; except the
program only addresses a limited number of activities and effects
which the State evaluates in conjunction with proposals for new
projects within wetlands.

CONDITIONS:  Within three years, New Jersey will include in its
program management measures and enforceable policies and
mechanisms (where required) in conformity with the 6217(g)
guidance for activities and effects not addressed by existing
permitting authorities.

RATIONALE:  Protection of wetlands and riparian areas that
serve important nonpoint source functions is accomplished in part
through the State's freshwater and tidal wetlands programs.  The
Freshwater Wetlands Permit program includes restrictions on
activities in transition areas surrounding those wetlands considered
by the State to have "exceptional," or "intermediate" resource
value, and permit applications are reviewed for whether the project
will cause or contribute to violation of State water quality
standards or a significant degradation of ground or surface waters. 
Development within coastal wetlands is prohibited unless certain
conditions are met, including minimum feasible alteration or
impairment of water circulation or natural vegetation.  Best
management practices may be required to minimize impacts. 
Further protection is offered through the Stream Encroachment
Permit program, which evaluates the effects of proposed activities
in streams and within 25 feet of the top of streambanks (50 feet in
cases of trout-associated waters), and the Green Acres Program, a
State bond program that provides funding for acquisition of open
lands for the purposes of conservation, including for nonpoint
source pollution and runoff control.  However, apart from these
permitting programs and Green Acres, the State does not separately
pursue protection of wetlands and riparian areas serving a
significant nonpoint source pollution abatement function.

Restoration of wetlands and riparian areas is accomplished through
the Freshwater Wetlands permit program, which requires
mitigation as a condition of individual freshwater wetlands permits
and the Coastal Wetland Program, which requires applicants for
projects involving disturbance or destruction of wetlands to
mitigate for loss or degradation.  The Wetlands Mitigation Council
is also empowered to purchase land to provide areas for restoration
of degraded freshwater wetlands.

Management measures promoting the use of vegetated treatment
systems are implemented through the Stream Encroachment
Program, which encourages artificial wetlands as stormwater
management techniques.  The Coastal Rules promote constructed
wetlands and specify maintenance requirements, and the Soil
Conservation Program specifies and implements standards for the
application of vegetation as a nonstructural control for urban
construction sites.

VIII.     ADMINISTRATIVE COORDINATION

FINDING:  New Jersey's program includes mechanisms for
coordination among State agencies and between State and local
officials.

RATIONALE:  New Jersey is relying primarily on existing
enforceable policies and mechanisms to meet the management
measures.  Therefore, most of the administrative coordination
mechanisms necessary to meet the program implementation
requirements are currently in place.  In large part, many of the
programs that will be used to implement the State's coastal
nonpoint program are housed within the NJDEP.  In addition, the
State relies on memoranda of agreement/understanding, joint
permitting reviews, and formal interagency 
comments during other agencies' permitting processes as
administrative coordination mechanisms.

IX.  PUBLIC PARTICIPATION

FINDING:  The New Jersey program provides opportunities for
public participation in the development and implementation of the
coastal nonpoint program.

RATIONALE:  As part of meeting the public participation
requirements, several presentations on the New Jersey coastal
nonpoint program were made at meetings of watershed groups,
nonpoint source workshops, state agricultural conventions, and
other public interest forums.  Through extensive mailings, the State
actively sought input from interest groups, organizations, and other
State and local agencies on selection of the 6217 management area
boundary and critical coastal areas.  The State also utilized its
existing nonpoint pollution education network to disseminate
information on the program, including devoting an entire issue of
the NJDEP newsletter, The Jersey Coast, to the development of the
coastal nonpoint program, and worked with Pennsylvania and
Delaware on a joint 6217 public education effort.  The State has
provided an acceptable public review and comment period, which
involved holding several public hearings throughout the State, and
has adequately demonstrated its continuing commitment to public
education throughout implementation of this program.

X.   TECHNICAL ASSISTANCE

FINDING:  New Jersey has included programs that will provide
technical assistance to local governments and the public for
implementing additional management measures.

RATIONALE:  New Jersey identified a variety of technical
assistance mechanisms to provide technical assistance on
managing nonpoint source pollution to local governments and the
public.  The State has produced numerous publications that are
distributed to local governments and the interested public,
including best management practices manuals for stormwater
management facilities, septic systems and marinas, and a Clean
Water Information Series for individuals and businesses on
groundwater protection practices, such as managing fertilizers and
pesticide application.  State departments, commissions, and various
county and municipal agencies also provide technical expertise
relating to nonpoint pollution management and education and
outreach programs.

XI.  ADDITIONAL MANAGEMENT MEASURES

FINDING:  New Jersey's program provides for implementation
and continuing revision of additional management measures
applicable to critical coastal areas and cases where (g) measures
are fully implemented but water quality threats or impairments
persist.

RATIONALE:  New Jersey is proposing using its three existing
laws, the Coastal Area Facilities Review Act, the Waterfront
Development Act, and the Wetlands Act of 1970 as additional
management measures.  While these three laws are identified as
generally applicable to meeting the management measures, their
specific application to the coastal zone management area, which is
also the State's proposed critical coastal area, will afford additional
protection beyond that proposed in the (g) measures.  For example,
under the Coastal Rules, new bridges over bays, rivers, streams and
other water areas will only be considered if the need to
accommodate additional traffic sufficiently justifies the potential
adverse environment effects on wetlands and water quality.  The
State further describes an ongoing process to evaluate the success
of (g) management measure implementation in achieving program
goals based on water quality data derived from monitoring efforts. 
As described, the Department of Environmental Protection
anticipates coordinating with other agencies and the public to
address any identified needs for additional management measures.

XII. CRITICAL COASTAL AREAS

FINDING:  New Jersey's program identifies and includes a
process for the continuing identification of critical coastal areas
adjacent to impaired and threatened coastal waters.

RATIONALE:  New Jersey has designated its existing coastal
zone management area as the State's critical coastal area.   New
Jersey's coastal zone management area boundary is defined by the
three coastal laws which have been identified as additional
management measures, and extends from the New York border
south to Cape May Point and then north to Trenton, including the
Hudson River waterfront, some inland areas from Sandy Hook to
Cape May, the Delaware Bay and some inland areas, and the
waterfront of the Delaware River and related tributaries.  These
areas generally follow the first approach described in the Coastal
Nonpoint Pollution Control Program: Program Development and
Approval Guidance whereby the State can establish the critical
coastal area as a strip of land along the portions of the shoreline
adjacent to threatened or impaired coastal waters.  The State has
determined that the prevalence of water quality impairment from
nonpoint source pollution throughout the coastal zone management
area supports its designation of the entire coastal area as critical.

XIII.     MONITORING

FINDING:  New Jersey's program does not include a plan to
assess over time the success of the management measures in
reducing pollution loads and improving water quality.

CONDITION:  Within one year, New Jersey will include in its
program a plan that enables the State to assess over time the extent
to which implementation of management measures is reducing
pollution loads and improving water quality.

RATIONALE:  New Jersey describes several extensive
monitoring programs that it intends to use to assess the success of
the management measures.  It appears that New Jersey could use
these efforts to assess over time the success of the measures in
reducing pollution loads and improving water quality if
management measure tracking is included in some of the efforts
described.

For example, with the addition of data regarding land use and
management measure implementation, the ambient surface water,
biomonitoring, and systematic survey networks described on page
194 of the program submittal could possibly be used to measure
changes in water quality due to management measures in selected
watersheds.  Similarly, the monitoring of shellfish growing areas
and the Cooperative Coastal Monitoring Program could also be
used if management measures are tracked in selected watersheds. 
New Jersey intends to review historical data to see if water quality
data trends correlate with changes in land use.  Where a need is
found for site-specific data related to particular management
measures, the State will consider performing special sampling.

New Jersey should include in its plan information regarding the
number and location of monitoring stations, the types and
frequency of water quality data being collected, methods for
tracking management measure implementation, and the analytic
approaches that will be employed in conjunction with existing
monitoring efforts to assess the success of management measures
in achieving water quality objectives.



XIV.  STRATEGY AND EVALUATION FOR BACK-UP
AUTHORITIES

     As noted above in the source category sections, within one
year, New Jersey will develop a strategy to implement the
management measures for agriculture, and construction site
chemical control (urban) throughout the 6217 management area. 
This strategy will include a description and schedule for the
specific steps the State will take to ensure implementation of the
management measures; describe how existing or new authorities
can be used to ensure implementation where voluntary efforts are
unsuccessful; and identify measurable results which, if achieved,
will demonstrate the State's ability to achieve implementation of
the management measures using the described approach.

     In order to evaluate the adequacy of this strategy, New
Jersey will also develop and apply credible survey tools to
demonstrate the ability of the State's approach to achieve
implementation for these management measures.  The use of
credible assessment techniques is necessary in order for NOAA
and EPA to evaluate, at the end of the three year period described
in the March 16, 1995 guidance issued by NOAA and EPA entitled
Flexibility for State Coastal Nonpoint Programs, whether the
State's approach has been successful or whether new, more specific
authorities will be needed.