This will not be possible -III mu mu I m - - - - -I - . Kathryn Cousins Recommend that federal exclusions be briefly discussed be- Office of Coastal Zone Management lore listing the proposed uses of coastal resources that would U. Department of commerce come under state jurisdiction. We are hopeful that these caments (may, 1978) will assist in still further i Iprovenents. WILLIAM POTIER Deputy Director UBP/db Enclosures cc: David Kinsey Berry Bennett 112 i. For the protection of the State's coastal envirerssent.2 7hus, the "ulie example, the Public Advocate has consistently hold the position that tile, Advocate submitq these comsmnt to the Office of Coastal Zrxe Managcement LEmust carry out a crceprehlensive enviroraental i Nventory and muiplete ("OC7") for its consideration and review. Vany of til Th�e problems associates with a coastal proram lacking the basic data of an envirermr'ntal inventory and devoid of Mapping of areas ibased uponl IThe Public Advocate was characterized In a recent federal study of their environmental sensitivity - "vcarrying capacity" --- may be slolnari:1ed public interest representation, Policy issues Paised by Intervenor Rlequests for Financial Assistance in UPC Proceedings, NUJ14G 75/071 (July 18, 1975), at as follows- 'il-i public, planners, developers and environmental activists allike, 1_48,-a~s_"tire most extensive state public counsel's office in the nation." one of the methods for exercising his discretion is by representing persons who cannot know the suitability of particular aireas, of thre coast for (l Ovelolvelt V2 appear pro se in federal or state proceedings and seek to raise issues of broad pii MITiconcern. 113 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~mo- m m ~m-m-m pernat. The "Coastal Resource and Developrent Policies" are onmplex short, reversing the order may produce quicker and cheaper decision and do not constitute an easily consulted reference tool which can inform making. It should be noted that Federal agencies provide a consistency determination, not a notification, and only for projects with a signflcant impact. New Jersey puts the burden on federal agencies to "alert all potential applicants for permits of the need to obtain a DEP consistency certification" (page 188). Chapter Three, Section 3.0 Environmental Affairs Attn: Ms. 3 5~P' B'tot o f Nicitt 1Jeriiei Jl ll H�ULH(IZ i~k~g W ~"1' PARTMENT OF THE PUBLIC ADVOCATE DIVISION OF PUBLIC INTEREST ADVOCACY POSOX IAU C ERt 5 *TIGIE0H STADIFYC VANNESS TRE~VN. DAY AND OC(TMN SHIORE SEQMENT Overall, notwithstanding our criticisms, the current draft is much improved in many respects. 13-29, in such proceedings an he doesen will best Advocate's basic concerns tremain unaddressed by the new Programn. t An area of special concern to the "ulie concerns deal primarily with the DEP's approach, rather than the specif ice Advocate has been, and continues to be, the asisinistratien of laws affectin of the UIT's policies with Uhich we are generally in agreement. the coastal Manlaqeiment, Strategy published in Septeulxer, 1977.
We would like to know Regional Manager, North Atlantic Region the legal basis for thlis requirement and would appreciate an explanation 3300 Wshiteha Dven St., 2 . Chapter Five (5) does not specily who will mako the discun the o zon~T his ortat aspect aa t fibeenconsistency determination for federal activities and development projects. This imsportant aspect apparently has been Finally, we would like to reiterate the question that is n ot answered overlooked in the draft Et S.
Rathryn Cousins for the National Register of Hllstoric Places. We suggest that tthe final environmental impact statement consistency determination regarding various fede-al activities." That discuss tile effect of noise on activities and compatible land uses is not the case.
Such determination will be made in accordance with the procedures established in 24 CFR 600.73. Coordination and consistency procedures should be Assistant Secretary I established for interfacing the State Guide Plan with other development cc: Kathryn Cousins.
the Land Use Element of the 701 Comprehensive Planning Assistance Pro- incer gram (934 CFR 600.72).
New Jersey State Museum - Bureau of Archaeology 31. Regulation of nuclear power plants is a responsibility of the Nuclear Regulatory Commission.
Deputy Assistant Secretary Oil, Natural Gas and Shale Resources There are several errors concerning the license and permit responsibilities of DOE at page 189.
Since DVRPC has been recognized by the State of New Jersey for areawide planning purposes, we recommend that the State DEP-0CZM coordinate Its CZM planning activities with that organi- zation In order to achieve total coverage of the Delaware River. __ _ _ _ - -- - - - - - .- ..--- DEPARTMENT OF IRANSPORTATION 2 REGIONAL REPRESENTATIVE OF THE SECRETARY r* its~~~~~~~ 26 VFl EA! New Jersey misinterpreted one of oalr comments on the Coastal Dear Mainagement Strategy to be a suggest Lion that they becrmca involved In The agencies of the Department of Transportation have reviewed commerctil vessel snfety (pop e 244).
We have been informed that the Delaware Valley Regional Planning Commission is assisting the State of Pennsylvania In the preparation of its plan and that the program will cover only the Pennsylvania side of the Delaware River from the Pennsylvania-Delaware State Boundary Line to the fall line at Morrlsvllle, Pennsylvania.
Chapter Two AND I Onl S ICS Specific exclusion of federal lands from the boundaries of the coastal zone should be clearly stated. 'Ilsis lack of whatdevelpfent policies, they apar to be may be called "prior notice" means that no sites are evaluated until a a "fine tool" which can be adapted to all parts of the coast.
m - - - - L I ~OFFICE OF 1E ASSISTANT SECn ETARY OF DEFENSE WFF~r E or THE ASSISTANTO D. 2031OF COMMENTS ON THE NEW JERSEY COASTAL MANAGEMENT PROGRAM (NJCMP) ~WASH~NG~T~ON.~ v~ ~c- 20301 AND DRAFT ENVIRONMENTAL IMPACT STATEMENT MANTS'Zn Vlr Ft F 1,9 Jtl i Ni'1 1. If you have any questions, please call myself or Ms. ~~~~~~~in~~~~riot~~~~~~~~ f~~~~epartment of Public Advocate crit~icissis of the earlier (locument have 3 'Ilie Departme~nt of the Public Advocate, (hereafter "Public Armatl been specifically adldressed in the revised payan Oca-Toe_'9ut is an independent, cabinet level department of the excutmive branch of changes hi wording to clarify and strengthen policy, Ind thin poiirlinq prceiul- State geveruliant of New Jersey. van Ness, thle Commeissioner with gatlon of threse policies as recjulatiens, will greatly leprove thes original the title of "ulic Advocate, has been OIelegated exclusive discretion to raej J "reprenent the public Interest' through the Division of "ulie Interest Despite changes, however, several of thle [repcrtnrent of Lthe Public Advocacy, N. 'lie public Advocate also partcipates In the formula- or protection without initiating the CAFRA permit process by reque~stingq a Lion of broad mattmers of public policy through analysis of major planning documents, such as this one, and submission of criticism. Public Advocate Ccnemnts on the Codstal Management Strategy for new Jersey (Septemlber, 1977).3 2 Sea~~~~~~~~~~~~~~~~~~~~~~~:~ , Note 1, supa See Appendix A, pp.1-3, for a discussion of Public Advocate cases 4See, Appen-dix A, pp. the public or help the public to plan for the future.
Department of Defense - Office of the Assistant Secretary of Defense U 6~~~. Also, the plan should discuss provisions for controlling Access to federal oceanfront lands. and Safety addresses this issue; continued R & D is olngoing. Another condition for the construction of docks nnd plers The overall approach that New Jersey has taken in presenting their plan (pnge 47) should be that the structure not obstruct navigtlion.