Planning and engineering report for Fish House Cove and Tippin's Pond

[From the U.S. Government Printing Office, www.gpo.gov]

Township of Pennsauken
Waterfront District Management Plan

FISH HOUSE COVE &
TIPPINS POND

COASTAL ZONE
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1981

Rogers, Golden Halpern

PLANNING AND ENGINEERING REPORT
FOR FISH HOUSE COVE AND TIPPIN'S POND

Prepared for
The Township of Pennsauken,
Camden County, New Jersey

Property of CSC Library

Prepared by
Rogers, Golden & Halpern
Philadelphia, Pennsylvania

U.S. DEPARTMENT OF COMMERCE NOAA
COASTAL SERVICES CENTER
2234 SOUTH HOBSON AVENUE
CHARLESTON , SC 29405-2413

@& Planning and Engineering Report (Task A.b) November, 1981
of the Waterfront District Management Plan:
Fish House Cove and Tippin's Pond

Acknowledgements

Rogers, Golden & Halpern wish to acknowledge the excellent cooperation
received from Ken Carruth, Planning and Zoning Coordinator for Pennsauken
Township, and John Bolton, Chairman of the Township's Waterfront Management
Committee, and from Joan Batory and Leon Robinson of the Camden County
Environmental Agency. We would also like to thank Pennsauken's mayor, Hugh
O'Connell, Bill Buffington, Township Assessor, and other members of the Water-
front Management Committee.

Credits

John Rogers of RG& H was partner in charge of this project. Robert W.
Pierson, Jr. was project manager. This report was written by Elizabeth Porter and
Mr. Pierson and produced by Kim Tomlinson, Joan McCusker, Rich Barrett and
Valerie Smith. Base maps were prepared by Patsy Eubanks and Kathryn Kester.
Jack Fichter of Pennsauken Township provided a summary of historical information
on the Pennsauken waterfront.

Project Support

This is the Planning and Engineering Report (Task A.b) of the Waterfront
District Management Plan for Fish House Cove and Tippin's Pond. Appendices A
and B, containing reports on project goals and potential funding sources, correspond
to Tasks A.c and A.d, respectively. This report is one product of a planning and
design study done for the Township of Pennsauken by Rogers, Golden & Halpern
with funds awarded to the townshii) hv a Coastal Energy Impact Program (CEIP)
Grant from the New Jersey Department of Energy.

TABLE OF CONTENTS

Acknowledgements
Credits
Project support
Table of contents
Figures and figure data sources iv
Tables v

Introduction 1
Climate of Fish House Cove and Tippin's Pond 4
Soils of Fish House Cove and Tippin's Pond 4
Topography of Fish House Cove 6
Topography of Tippin's Pond 6
Vegetation and wildlife of Fish House Cove 6
Vegetation and wildlife of Tippin's Pond 13
Water quality of Fish House Cove 16
Water quality of Tippin's Pond 18
Coastal flooding of Fish House Cove and Tippin's Pond 19
Currents and tides in Fish House Cove 19

Recreational activities at Fish House Cove 21
Recreational activities at Tippin's Pond 21
Historical and archaeological features of Fish House Cove
and Tippin's Pond 21
Land use of Fish House Cove and vicinity 24
Land use of Tippin's Pond and vicinity 24
History of filling in Fish House Cove 27
Zoning in the Fish House Cove area 30
Zoning in the Tippin's Pond area 32
Land ownership in the Fish House Cove area 32
Land ownership in the Tippin's Pond area 32
Riparian lands status of Fish House Cove and Tippin's Pond 35
Utilities and services in the Fish House Cove area 37
Utilities and services in the Tippin's Pond area 37
Circulation and parking for Fish House Cove 37
Circulation and parking for Tippin's Pond 40

Special areas in the Fish House Cove and Tippin's Pond area 40
Constraints to recreational use of the Fish House Cove and
Tippin's Pond site 42
Accessibility/ Parking for Fish House Cove 42
Accessibility/Parking for Tippin's Pond 45
Pond drainage-Tippin's Pond Site 45
Erosion 45
Impacts of adjacent land use on Fish House Cove 46
Impacts of adjacent land use on Tippin's Pond 47
Safety at the Fish House Cove site 48
Safety at the Tippin's Pond site 48
Construction of recreational facilities in Fish House Cove 49
Removal of trash and prevention of dumping 49
References 50
Appendix A. Project goals and their effects on policies and
plans of other agencies 52
Appendix B. Future funding for land acquisition and recreation
development of Tippin's Pond and Fish House Cove 59
Appendix C. Definitions, policies and rationale for special
areas in the New Jersey coastal region 69

FIGURES AND FIGURE DATA SOURCES

1. Regional Setting of Fish House Cove and Tippin's Pond

Source: U.S.G.S. - Camden Quadrangle

2. Vegetation: Fish House Cove

Source: Camden County Environmental Agency, 1980,
RG&H photo interpretation. Aerial Data Reducation
Associates, Inc. - photograph, March 20, 1978

3. Vegetation: Tippin's Pond

Source: Camden County Environmental Agency, 1980,
RG&H photo interpretation. Aerial Data Reducation
Associates, Inc. - photograph, March 20, 1.978

4. Flood Hazard: Fish House Cove

Source: HUD, 1977

5. Historical Places: Fish House Cove

Source: Jack Fichter, Pennsauken

6. Historical Places: Tippin's Pond

Source: Jack Fichter, Pennsauken

7. Land Use: Fish House Cove

Sources: RG&H photo interpretation. Aerial Data Reduction
Associates, Inc. - photograph, March 20, 1978.

8. Land Use: Tippin's Pond

Sources: RG&H photo interpretation. Aerial Data Reduction
Associates, Inc. - photograph, March 20, 1978.

9. History of Filling in Fish House Cove

Sources: U.S. Army Corps of Engineers - survey and harbor
lines maps; Camden County Planning Board - aerial photographs;
State Bureau of Tidelands - riparian conveyances map

10. Zoning: Fish House Cove

Source: Township of Pennsauken, 1981A; Township of Pennsauken -
zoning map.

11. Zoning: Tippin's Pond

Source: Township of Pennsauken, 1981A; Township of Pennsauken -
zoning map.

12. Land Ownership: Fish House Cove

Source: Township of Pennsauken, 1981B; Township of Pennsauken -
tax maps.

13. Land Ownership: Tippin's Pond

Source: Township of Pennsauken, 1981B; Township of Pennsauken -
tax maps.

14. Utilities: Fish House Cove

Source: Remington & Boyd Engineers; Public Service
Electric & Gas.

15. Utilities: Tippin's Pond

Source: Remington & Boyd Engineers; Public Service
Electric & Gas.

16. Circulation and Parking: Tippin's Pond

Source: Township of Pennsauken - Master Plan; Township of
Pennsauken - tax maps.

17. Constraints to Recreational Uses: Fish House Cove

Source: RG&H analysis
18. Constraints to Recreational'Uses: Tippin's Pond

Source: RG&H analysis

TABLES

1. Endangered, threatened, undetermined and declining wildlife
species observed at Fish House Cove

2. NPDES permits issued in the vicinity of Fish House Cove

Introduction

Fish House Cove and Tippin's Pond are two adjacent areas of remarkable
natural beauty along the Delaware River in Pennsauken Township. They are
noteworthy not only for their beauty but also for their survival as rich ecological
units in an area that is otherwise nearly totally urbanized by industrial and
residential land uses. Both the cove and the pond lie along the Pennsauken
waterfront just upriver from Petty Island, as shown in Figure 1.

Fish House Cove is a 123-acre remnant of a once extensive marsh and natural
waterfront area that occupied the east bank of the Delaware between Petty Island
and Delair. In this century much of the marsh along the riverfront has been filled
for the dual purpose of disposing of spoil from navigation channel dredging and
creatina waterfront sites for industrial uses, particularly energy related facilities.
The cove has a rich history of Indian battles, industrious Quaker farmers, and
summer and winter recreational activities by previous generations of Pennsauken,
Camden, and Philadelphia residents. For many years now the tradition of
recreation in the cove has been silent except for the occasional report from a
hunter's gun, as industrial uses predominate the waterfront area.

The origin of Tippin's Pond is obscure. Whether it is a remnant of the cove
that was cut off by the construction 'of the railroad in 1834 or is a depleted clay pit
or is a natural spring-fed depression draining to. the cove is not clear today.
However, as a natural area it provides a striking contrast to the broad skylines,
extensive marsh, and open waters of the cove. Lying slightly above the cove but
separ ated from it by the railroad tracks and deciduous woods, Tippin's Pond is an
enclosed environment providing shelter from winds that often blow through the
river valley. The pond offers a variety of visual experiences from the banks of the
pond.

Both the pond and the cove offer habitat for fish, fowl and small mammals.
The pond has provided informal recreation for generations of adventurous Penn-
sauken children seeking outdoor excitement in the midst of an urban environment:
fishing, boating and exploring in the summer; ice skating and sledding in the winter.

The Township of Pennsauken has officially recognized the importance of
waterfront areas by creating a Waterfront Management Area--an overlay zone in

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its zoning ordinance which preserves the waterfront for water-related uses,
particularly recreation. Furthermore it has established the Waterfront Manage-
ment Committee to provide opportunities for citizen and Township officials to
work together to plan for the waterfront areas, particularly to create an extensive
waterfront park system in the Township. It is hoped that this park system will
eventually link parcels currently in public ownership. Fish House Cove and Tippin's
Pond are very important elements in this future park system. Fortunately, key
parcels are already owned by the Township or the State of New Jersey. The
current planning study of Fish House Cove and Tippin's P ond by Rogers, Golden &
Halpern is one further step toward the implementation of the waterfront park
system. This planning and engineering report summarizes previous studies made of
the two sites and provides a basis for the concept plans for their recreational use.
Two studies in particular were useful for our study. They are:

o Natural Resource Inventory, Pennsauken Creek and Tippin's Pond; pre-
pared for the Pennsauken Township Environmental Commission by Envi-
ronmental Analysis, Inc., 1975.

o Potential Environmental Impacts of Energy Facilities and Other Develop-
ment on Fish House Cove; prepared for the New Jersey Department of
Energy by the Camden County Environmental Agency with the assistance
of WAPORA, Inc., 1980.

In this report, which corresponds to Task A.b of the study, available
information on the two sites is summarized under various headings. The two sites
are treated separately except where the topic does not warrant a separate
discussion. The planning and engineering report concludes by summarizing and
mapping various constraints to recreational use that will be addressed by the
concept plan. All figures except I and 9 and reductions of base mapsand three
overlays (Task A.a) prepared at a scale of 1" 1001 which are available at the
Pennsauken Township Municipal Building.

The goals of this recreation facility study and the consistency of these goals
with local, state, and federal policies are set forth in Appendix A to this report.
Posible funding sources for final project specification and construction that are
available to the Township are presented and discussed in Appendix B.

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Climate of Fish House Cove and Tippin's Pond

The climate of Camden County, where the sites are located, is humid and
temperate.

The weather of the Fish House Cove and Tippin's Pond area is controlled
primarily by inland weather patterns. Tropical maritime air masses move through
the area in the summer, while cold continental arctic or polar air masses pass
through in the spring, f all, and winter. Generally, the weather in the area is highly
variable, with a succession of alternate high- and low-pressure systems moving
from west to east, with very few periods of air stagnation. Average wind speed is
9.6 mph, with prevailing winds from the northwest from November to March, and
from the southwest-from April to October. Fish House Cove is subject to the full
effects of the wind, while Tippin's Pond, surrounded,as it is by a 15- to 30- ft ridge
and woods on all sides, is somewhat protected. Average annual precipitation is
39.93 in, fairly evenly distributed throughout the year. The driest month is
October, and the wettest month is August. The mean temperature of January, the
coldest month, is 32.3 0 F, while the mean temperature of July, the warmest month,
is 75.60 F (Environmental Analysis, Inc., 1975).

Soils of Fish House Cove and Tippin's Pond

The natural soils association f or the Fish House Cove and Tippin's Pond Area
shown on the Soil Conservation Service general soils map (USDA, 1966) is the
D owner- Woodstown-D ragston association. These are gently sloping, grayish-brown
sandy soils formed from materials in the Cape May, Pennsauken, Cohansey, and
Bridgeton geologic formations. Minor soils in this association are Fallsington,
Pocomoke, and Klej. The detailed soil survey does not map the soils for the whole
area. However, areas that are mapped are shown primarily as "made" land, with a
small area of the Freehold and Downer-Urban land complex southwest of Tippin's
Pond.

Made land is land on which excavation, filling, or other disturbances have
destroyed the original soil horizons. The made land along the Delaware River was
primarily created by the pumping of dredged material from the river channel, and
it is predominantly sand and gravel. This fill may also include boulders. The

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eastern edge of Fish House Cove along the Texaco property is characteristic of this
f ill.

The Freehold and Downer-Urban land complex occupies areas that have not
been filled. This mapping unit is used in urban areas where it is impractical to map
each soil separately. The Freehold series, which is more extensive than the
Downer series, includes dark grayish-brown,. well-drained sandy soils low in
glauconite, with a dark yellowish-brown or brown subsoil. These soils are derived
from Mt. Laurel and Wenonah sands and Englishtown sand. The soils occur on high
positions, such as on the southwestern rim of the Tippin's Pond basin. The
stratified substratum is mostly loamy sand but contains thin layers of sandy loam
and clayey material. General ly the Freehold soils contain little gravel. The soils
are naturally extremely acid (pH 4.5-5.0), moderately fertile, moderately perme-
able, and they have a moderate-to- good water-holding capacity. The Downer
series includes dark grayish-brown, well-drained soils with yellowish-brown subsoil.
The soils occur on divides or below divides and are nearly level to gently sloping.
Where these soils are shallow, they may be droughty, particularly if the subsoil
contains considerable amounts of gravel. They are extremely acid (pH 4.5-5.0),
moderately permeable to rapid ly permeable, with low natural fertility and low
available moisture-holding capacity.

The area around Fish House Cove, although not mapped, probably is almost
entirely made land, although some of the original soils may be present at the base
of the rail embankments. Marsh areas below the rail embankment along the
southern edge of the cove might more accurately be mapped as tidal marsh,
consisting mostly of silt and organic matter and supporting vegetation that can
withstand daily flooding.

The Freehold and Downer soils of this complex have slight limitations for
building sites, sanitary landfills, and septic effluent disposal, except that rapid
permeability of the substratum in Downer soils may permit pollution of ground-
water (USDA, 1966). These soils have moderate to severe limitations for lawns,
ornamental plantings, and athletic fields due to low available water capacity, and
slight limitations for parks, playgrounds, and campsites.

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The made land has slight limitations for parks, playgrounds, and campsites,
and variable limitations for other uses.

Topography of Fish House Cove

Most of the cove area is covered with water during high tide. The filled area
along the cove's northeastern edge and onto the Texaco property rises gradually
above the level of high tide and is quite flat until the deeper water of the cove is
encountered where the shoreline rises more- quickly to the tank farm. The
southeastern edge of the cove is confined by the steep Penn Central railroad
embankment, which is 20-30 ft above the cove along the tracks.

Topography of Tippin's Pond

Tippin's Pond is surrounded by rather steep bluffs on its southwestern edge
and along River Road that are approximately 25-35 ft above the pond's surface.
The Penn Central railroad embankment confines the pond on its northwestern edge,
and a variety of slopes leading to the water's edge make up the northeastern
shoreline; some slopes are gradual but others created by fill are rather steep. A
gentle slope leads up to a cleared plateau overlooking the pond in the western
corner of the site, and a wooded plateau perhaps 5 ft above the water surface juts
into the pond along its northern edge.

Vegetation and Wildlife of Fish House Cove

In spite of the industrial and energy-related facilities that have encroached
on Fish House Cove during this century, the remnant marsh, shores, and waters of
the cove still support an abundant variety of plant and animal species. Bird species
are particularly abundant here. The most recent vegetation and land cover
mapping of the Fish House Cove area was published in 1980 in , Potential
Environmental Impacts of Energy Facilities and Other Development on Fish House
Cove (CCEA, 1980) (see Figure 2). The study mapped wetland and upland areas
and determined acreages of the wetland vegetation types. Monospecific stands of
wild rice (.Zizania aquatica), spatterdock (Nuphar advena), cattail (Typha angusti-
L!@Ay T. latifolia), and common reed (Phragmites communis) were delineated;
marsh areas supporting a mixture of wetland plant species also were delineated as

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lower, middle, and upper mixed marsh. Three small patches of willow lowland
forest, predominantly black willow (Salix aj&[a), also were mapped.

The single stand of wild rice, found on the easternmost part of the cove,
occupies 14% of the marsh area within the cove. It is the largest wild rice stand in
Camden County (Ferren, 1976). A linear patch of spatterdock is found in the
central section of the cove, and it occu pies 6% of the marsh. Two stands of
cattail, predominantly T. an'gustifolia, are found in the northeastern part of the
marsh. These stands account for 4% of the marsh. Five stands of common reed in
tidal areas occupy 14% of the marsh.

The lower marsh, totaling 18% of the marsh, is found in five areas adjacent
to mudflats. The predominant species are threesquare (Scirpus americanus),
pickerelweed (Pontederia cordata), and spatterdock, which are less intermixed in
this marsh type than in the middle or upper marsh. Associated species include
spikerush (Eleocharis sp.), great bulrush (Scirpus validus), common arrowhead
(Sagittaria latifolia), bur arrowhead (Sagittaria rigida), and slender arrowhead
(Sagittaria eatoni), as well as the'submerged elodea (Elodea canadensis) and naiad
(Najas flexilis) in more open-water areas.

Dominant species in the middle marsh include arrowheads, water smartweed
(Polygonum punctatum), waterhemp (Acnida cannabina), pickerelweed, and bur-
marigold (Bidens laevis). Associated species are arrow-arum (Peltandra vir ginica),
jewelweed (Impatiens biflora), and wild rice. This middle marsh vegetation type
occupies 28% of the marsh.

The upper marsh has the greatest species diversity of the three mixed marsh
types and includes spiked loosestrife (Lythrum salicaria), arr owheads, clearstern
(Pilea pumila), water purslane (Ludwigia palustris), arrow-arum, sweetflag (Acorus
c-alamus), sensitive fern (Onoclea sensibilis), halberdleaf tearthumb (Polygonum
arifolium), river bulrush (Scirpus fluviatilis), buttonbush (Cephalanthus occiden-
I@Ll@), and red willow (Cornus amomurn). The upper marsh occupies 15% of the
marsh. The upland areas, which were not differentiated into cover types, include
suburban, urban, and industrial uses and a few fringe areas of native forest.

Four plant species considered uncommon in New Jersey, the beggar-ticks
Bidens bidentoides, the sedge Cyperus brevifolius, grass-leaved sagittaria (Sagit-
taria graminea), and sessile-fruited arrowhead (S. rigida were documented for Fish
House Cove (Ferren, 1976). Fish House Cove is the only known location of these
species in Camden County. Bidens bidentoides is currently under review for
inclusion on the Federal list of endangered and threatened species. Three other
species once collected in Fish House Cove have not been recorded in Camden
County for 60-70 years, but they may still exist on the site. These are golden
hedge-hyssop (Gratiola aurea var. obtusa), Parker's pipewort (Eriocaulon parkeri ,
and subulate sagittaria (Sagittaria subulata) (CCEA, 1980).

Upland vegetation beyond that mapped in the CCEA report is also shown in
Figure 2. Based on interpretation of aerial photography of the area, RG&H created
five upland cover categories:

0 Barren areas - areas of recent fill or disturbance on which little or no
vegetation was noted.
I

0 Deciduous woodlot - areas with substantial tree cover with a natural
understory.

0 Field - areas covered with uncut grasses and other low plants and few

or no trees.

0 Residential - areas around residential structures of managed lawns,
trees and shrubs. This category also includes houses and associated
driveways.

0 Impervious surface - areas covered by paved roads or parking areas.

The National Wetlands Inventory (USFWS, 1977) classifies and maps wetlands
in Fish House Cove. The categories mapped include the following:

POW - Palustrine Open Water
PEM - Palustrine Emergent
PSSI - Palustrine Scrub/Shrub, Broadleaved Deciduous

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RIDW - Riverine - Tidal - Open Water
RIFL - Riverine - Tidal - Flat

The CCEA report, however, contains much more detailed mapping which has been
field checked, while the U.S. Fish and Wildlife Service (USFWS) maps are in draft
form and have not been verified in the field.

Tidal wetlands have significant value to estuarine and marine organisms and
to man. They are among the most productive ecosystems in the world. The twice-
daily fluctuation in tides provides a flushing of nutrients for use by marine
organisms not inhabiting. these wetlands. Wetland plants provide valuable fish and
wildlife habitat. The plants provide food and cover for many species as well as
sites for reproduction and early growth. The nonvegetated shallow-water areas
associated with these wetlands also provide food, cover, nursery, and spawning
habitats. These wetlands aid in maintaining water quality by filtering sediments
and absorbing pollutants.

The freshwater tidal wetland areas of Fish House Cove represent only a small
fragment of what was once an extensive series of freshwater tidal marshes found
along the Delaware River. Since the beginning of this century, many of these
wetlands have been the depository of dredged materials or have been the site of
landfills. Fish House Cove is now a significant area because of the scarcity of the
freshwater tidal marsh habitat type in the Delaware River Valley and in Camden
County. A USFWS study (1957) that inventoried fish and'wildlife resources of the
Delaware River from Camden to Trenton recommended Fish House Cove for
acquisition and protection by the Federal government. A USFWS visit in 1979
confirmed the persistence of the high-quality wildlife habitat in Fish House Cove
(CCEA, Inc., 1980) and a U.S. Army Corps of Engineers study in the same year
cited Fish House Cove as an area "designated as a high value waterfowl area by
USFWS not to be filled unless absolutely necessary" (U.S. Army Corps of Engineers,
1979).

Most of the documented observations of wildlife in Fish House Cove relate to
bird sightings. Fish House Cove is a major habitat area for waterfowl and
shorebirds. A one-year study of birds of Fish House Cove was conducted in 1972-73
by Tischner, and periodic observations have been made by the Camden County

_10-

Environmental Agency staff. Between 1972 and 1976, 229 bird species were
observed (CCEA, Inc., 1980).

Fishery data (Tyrawski, 1 979) for Delaware River segments near Fish House
Cove include a wide variety of species. The list includes five anadromous species
considered as criteria for designating Special Areas in the Coastal Resource and
Development Policies re ports (NJDEP, Div. Coastal Resources, 1980, 1981). These
are alewife (Alosa pseudoharengus), American eel (Anguilla rostrata), blueback
herring (Alosa aestivalis), striped bass (Morone saxatilis), and America shad (Alosa
sapidissima).

Amphibians and reptiles expected to be found in the Fish House Cove site are
those typically found in similar habitats in western Camden County (CCEA, 1980).
These may include Fowlers toad (Bufo woodhousei fowleri), northern cricket frog
,(Acris crepitans), spring peeper (Hyla crucifer), bullfrog (Rana catesbeiana), green
frog (Rana clamitans melanota), southern leopard frog (Rana utricularia), snapping
turtle (Chelydra serpentina), stinkpot (Sternotherus odoratus), eastern mud turtle
(Kinosternon subrubrum), painted turtle (Chrysemys RjSLa), red-bellied turtle
(Chrysemys rubriventri@), northern water snake (Natrix sipedon), eastern garter
snake (Thamnophis sirtalis), eastern ribbon snake (Thamnophis sauritus), and
northern black racer (Coluber constrictor).

Mammals expected to be found in Fish House Cove include those typical of
marsh habitats and upland edge situations (CCEA, 1980). Raccoon (Procyon locor),
muskrat (Ondatra zibethica), and eastern cottontail (Sylvilagus floridanus) are
known to occur, while masked, shorttail, and least shrews (Sorex cinereus, Blarina
brevicauda, and Cryptotis parva), eastern and starnose moles (Scalopus aquaticus
and Condylura cristata), white-footed and house mice (Peromyscus leucopus and
Mus musculus), Norway rat (Rattus norvegicus), opossum (Didelphis marsupialis)
and striped skunk (Mephitis mephitis) may also occur. Eight species of bat may
make forage flights over the site.

A number of State-listed endangered, threatened, undetermined, and declin-
ing wildlife species have been observed at Fish House Cove. The CCEA report
lists 44 of these species, most of which are birds (see Table 1). The NJ Division of
Fish, Game and Wildlife views Fish House Cove as an important area for wildlife,

Table 1. Endangered, threatened, undetermined, and declining
wildlife species observed at Fish House Cove

Endangered Species Declining species

Ospre*y Red-necked grebe
Least tern American bittern
Black skimmer Least bittern
Common tern
Threatened Species Least flycatcher
Horned lark
Pied-billed grebe Purple martin
Great blue heron White-eyed vireo
Red-shouldered hawk Warbling vireo
Marsh hawk Yellow-breasted chat
Merlin Hooded warbler
Upland sandpiper (plover) Eastern meadowlark
Cliff swallow
Short-billed marsh wren Peripheral Species
Bobolink
Savannah sparrow Atlantic croaker
Grasshopper sparrow
Vesper sparrow

Undetermined Species

Black duck
Ruddy duck
Sharp-shinned hawk
King rail
American coot
Common snipe
Eastern bluebird
Northern cricket frog
Red-bellied turtle
Northern black racer
Hoary bat
Least shrew
Starnose mole
Keen's myotis
Silver-haired bat
Eastern pipistrelle

Source: CCEA, Inc., 1980.

-12-

particularly for migratory waterfowl. Although the Division has no breeding
records for any threatened or -endangered bird species in the cove area, the species
in Table 1 have been observed in the area during their migration.

Vegetation and Wildlife of Tippin's Pond

The vegetation of Tippin's Pond was not mapped prior to this study. Field
visits and interpretation of aerial photographs of the pond were used to delineate
the vegetation types found.

Four land cover categories were mapped (Figure 3).

0 Willow forest

0 Deciduous woodlot - areas with substantial tree cover and with a
natural understory.

0 Field - areas covered with uncut grasses and other low plants typical of
early stages of plant succession.

0 Residential - areas around residential structures of managed lawns,
trees, and shrubs. This category includes houses and associated
driveways.

0 Barren areas - areas of recent fill or disturbance on which little or no
vegetation was noted.

The deciduous woodlots, located on the banks that surround the pond and on
vacant lots near the pond, contains plant species characteristic of similar habitats
throughout southern New Jersey. The overstory, which is discontinuous, includes
sycamore (Platanus occidentalis), tulip tree (Liriondendron tulipifera), red maple
(Acer rubrum), and a variety of oaks (Quercus spp-)- The more continuous
understory includes both weedy and exotic species, such as black cherry (Prunus
serotina), tree of heaven (Ailanthus altissima) and white mulberry (Morus alba), and
trees such as red maple, black gum (Nyssa sylvatica), and hackberry (Celtis
occidentalis), which are common in many early successional lowland forests of the

13-

IP
UNION PAVING COMPANY B
ARLINGTON CEMETERY

1P
ow

B
N! DERNHARD F
HROME CO. DIN

DW
DIN ABA Y
STEE CC IP
F
B R

C.,

B R
R
DW
B
ow
F DW wi
R D
F IP

F B
F PENNSAUKEN
TOWNSHI
DIN TIPPIN'S POND
R
r"@ SWIMMING PO L
R
B
w
wi
IP
TEXACO
DW Dw R R
IP I IP
U F
R
R
DW LONGFELL
DW H 0
F
QaT
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B

R
M R R
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FISH HOUSE C
lfc @'- OVE IP
. ..... ...........
VECZrArCIN

Lo"LVW Upland
TIPPIN"S POND
A Marsh
r-"----IMiddle mixed i4.ous woodlot
RECREATIONAL AREA
Upper mixed R Residential (grass,
PENNSAUKEN TOWNSHIP Cattail shrubs, trees, and
Reed dwellings)
WATERFRONT DISTRICT MANAGEMENT PROGRAM

Other Lowland Other
ROGERS, GOLDEN & HALPERN WaLow a

/V
PHILADELPHIA, PENNSYLVANIA P qPlrp:"ious 3urlace
w
W Water
Fig. 3
-----------

region. The diverse, dense shrub layer commonly includes arrow-wood Viburnum
dentatum), sweet pepperbush (Clethra alnifolia), and sassafras (Sassafras albidum),
as well as grape (Vitus sp.), green-briar (Smilax sp.), and American chestnut
(Castanea dentata).

A culvert running under the railroad once provided overflow drainage of the
pond into Fish House Cove resulting in low water levels during late summer and
f all. Subsequent filling of the railroad underpass and collapse of this. culvert
blocked this drainage of the pond. The result is in higher year round water levels in
the pond because the only existing drainage is through seepage and evaporation.
The willow forest occupies the eastern corner of Tippin's Pond near two storm
drain inlets. A number of dead trees occur in this stand, probably due to prolonged
periods of higher water since the culvert collapsed (Murphy, 1981). Some of the
species occurring in this stand are willow (Salix sp.), buttonbush (Cephalanthus
occidentalis), swamp rose mallow (Hibiscus palustris), common elder (Sambucus
canadensis), touch-me-not (Impatiens biflora), smartweed (Polygonum sp.) and

grasses.

The National Wetlands Inventory (USFWS, 1977) maps and classifies the
wetland area of Tippin's Pond as Palustrine Open Water (POW). This classificatin
does not take into account the wetland species described above based on field visits
to the pond.

No wildlife data have been collected for Tippin's Pond. However, Environ-
mental Analysis, Inc. prepared a Natural Resource Inventory for Tippin's Pond in
1975. The study emphasized the importance of Tippin's Pond for waterfowl, noting
that almost 100 species of waterfowl pass through the area each year. A great
blue heron and a green heron were observed during a field trip to the site in the
late summer of 1981. The pond site can be expected to support animal species
typical of similar pond areas, including raccoon, opossum, striped skunk, masked
and short-tail shrew, starnose mole, boreal red-backed vole (Clethrionomys
gapperi , eastern chipmunk (Tamias striatus), eastern gray squirrel (Sciurus carolin-
ensis), eastern cottontail, and a variety of snakes, frogs, toads, and salamanders
(Environmental Analysis, Inc., 1975).

-15-

Tippin's Pond, along with the Cove, is viewed by the New Jersey Division of
Fish, Game and Wildlife as an important area for migratory waterfowl. There are
no records of endangered or threatened species on the pond site, although such
species have been observed migrating through the area (Frier, 1981, oral communi-
cation).

Water Quality of Fish House Cove

Water quality problems along the stretch of the Delaware River in the
vicinity of Fish House Cove include frequently excessive concentrations of fecal
coliform, low dissolved oxygen, especially in summer and fall, residual chlorine and
cyanides that exceed the concentrations considered safe for aquatic organisms, and
numerous industrial organic chemicals. Turbidity levels in the cove itself appear to
be low. Salinity is low, indicating a freshwater condition in the cove.

Fish House Cove is located approximately a t the center of the Delaware
River Basin Commission's Water Quality Zone 3, at River Mile 103.5. The
Commission has d eveloped water quality standards for Zone 3 to protect the
following uses (Tyrawski, 1979):

0 public, industrial, and agricultural water supplies after reasonable

treatment
0 maintenance of resident fish and other aquatic biota
o passage of anadromous fish
0 wildlif e

0 secondary contact recreation
0 navigation

On September 5, 1979, the Jack McCormick and Associates Division of
WAPORA, Inc., conducted water quality sampling of Fish House Cove (CCEA,
1980). Sampling was done at high and low tides.

The temperature readings were normal and within the allowable maximum
stream standards. The pH was close to 7.0, also meeting the standards. Salinity
and conductivity were low, indicative of a* definite freshwater condition. Turbidity
was low and light transmissibility high. The five-day biochemical oxygen demand

-16-

(BOD 5) and low dissolved oxygen levels indicated the presence of oxygen-demand-
ing substances. Oxygen levels were low enough to stress fish and other aquatic
organisms. This condition, which is typical for the Delaware River between
Philadelphia and Camden, may present a barrier to the passage of anadromous fish.
Orthophosphate was elevated. If other circumstances were favorable, the presence
of this plant nutrient could stimulate a nuisance algal growth. Oil and grease were
present, but there are.no quantitative standards for levels of these substances.

Because the Delaware River in the vicinity of Fish House Cove is tidal and
pollutants can travel considerable distances upstream (CCEA, 1980), point sources
of pollution both downstream and upstream can be expected to affect water quality
in the cove. Sixteen NPDES permits have been issued in the vicinity of Fish House
Cove between River Miles 100 and 106 (see Table 2).

TABLE 2. NPDES permits issued in the vicinity of Fish House Cove

Downstream Discharges (between River Miles 100-103)
New Jersey Water Company, Camden, N.J.
Philadelphia Electric Company, Delaware Generating Station
Cities Service, Pennsauken terminal, N.J.
Allied Chemical, Camden, N.J.
National Sugar Refining Company, Pa.-

Upstream Discharges (between River Miles 104-106)
Philadelphia Northeast Water Pollution Control Plant, Pa.
Pennsauken Township Sewerage Authority, N.J.
Moorestown Township Sewage Treatment Plant, Pa.
Philadelphia Electric, Richmond Generating Station, Pa.
Amerada Hess, Pennsauken, N.J.
Texaco, Pennsauken Terminal, N.J.
Georgia-Pacific Corporation, N.J.
A.P. Green Refractories, Pa.
U.S. Steel Products Division, Camden Plant, N.J.
Rohm and Haas, Philadelphia Plant, Pa.

Source: Tyrawski, 1979, and CCEA, 1980.

The Philadelphia Northeast Water Pollution Control Plant, a municipal
sewage treatment plant on the Pennsylvania side of the river almost directly
opposite Fish House Cove, contributes significant quantities of organic wastes to
the river. Currently steps are being taken by the City of Philadelphia to upgrade
plant ef f iciency. The Camden municipal facility discharges less than 0.1 mi

-17-

downstream from the Cove, and observations in 1979 indicated that considerable
amounts of foam were present at the outfall. The Pennsauken facility of Texaco
discharges directly into the Cove. This facility's three discharge points discharge
untreated boiler blowdown water and, after oil-water separation, stormwater and
truck-washing water (CCEA, 1980).

At the present time, the freshwater marsh in Fish House Cove appears to
support a healthy and diverse plant community with little evidence of stress or
disease.

Water Quality of Tippin's Pond

There is no record of water samples being taken from Tippin's Pond for
chemical analysis. However, aquatic organisms were sampled in February 1975, as
reported by Environmental Analysis, Inc. The study showed that there were very
few insect larvae in the pond. This was considered to indicate that pollutants were
present in the pond. However, residents report that the pond does support sizable

f ish.

The sampling also revealed the presence of the dinoflagellate Gymnodinium,
which can cause itching and irritation of the skin on contact.

Tippin's Pond is fed by three sources of water: groundwater, two 36"
diameter concrete stormwater conduits draining River Road, and runoff from the
immediate area surrounding the pond. These sources could be responsible for
various pollutants entering the pond. Also, the runoff and stormwater components
are particularly a problem for the pond with respect to sedimentation. The
discharge from the conduits draining River Road has created a natural pool before
the pond that acts as a sediment trap, partially protecting the pond from sediments
and other pollutants entering the pond (Wagner, 1981, oral communication).
Erosion on the back edge of the Pennsauken swimming pool property south of River
Road contributes to the sedimentation problem, as does erosion of the banks
surrounding the pond, particularly the southern and eastern banks. Stabilization of
these areas is critical to arresting the erosion problem and retarding the gradual
filling of the pond with sediment.

_18-

Coastal Flooding of Fish House Cove and Tippin's Pond

Coastal flooding is mapped by the U.S. Department of Housing and Urban
Development Federal Insurance Administration. Both 100-year and 500-year flood
boundaries are delineated on the Flood Boundary and Floodway Map, Figure 4.
Most of the Fish House Cove site falls within the .100-year and 500-year flood
boundary, while none of the Tippin's Pond site is subject to floods of these
f requencies.

Currents and Tides in Fish House Cove

The Delaware River estuary, or the tidal portion of the river, extends
upstream to Trenton. The twice-daily ebb and flow of tides, with a tidal range of
about 6 ft in the river segment that includes the cove, creates constantly changing
conditions, of salinity, water depth, temperature, sediment concentrations, dis-
solved oxygen levels, and nutrients. River flow, wind, and weather, in addition to
the tides, influence these parameters.

Although it varies slightly with the tide, the salinity level in the cove is
definitely low enough for it to be considered a freshwater environment. The cove
supports typical freshwater marsh species.

Water flows into and out of the cove along currents that are evidenced in the
sedimentation and drainage patterns that are exposed at low tide. One prominent
tidal drainage pattern meanders near the southern edge of the cove then turns east
parallel to the rail embankment. Another stable tidal drainage pattern has
developed in the hydraulic fill on the Vineland Construction Co. site. In winter,
larger areas of these mudflats are exposed, whereas in the summer much of the
area is covered with submergent and emergent marsh vegetation. Sediment drops
out of these currents when the water slows down. The eastern corner of the marsh
is one area where rafted debris and sediment are dropped. Based on examination of
aerial photos taken since 1959, it appears that there are no areas where active
erosion of the shoreline is taking place, except in the area of recent fill adjacent to
the Texaco property-

_19-

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FISH HOUSE COVE FLOOD HAZARD AREAS
WILDLIFE SANCTUARY 100 year flood
PENNSAUKEN TOWNSHIP
WATERFRONT DISTR)CT MANAGEMENT PROGRAM 500 year flood
ROGER& GOLDEN & KA 'z-4
Figure 4

Recreational Activities at Fish House Cove

The major recreational activities that take place at Fish House Cove are
birdwatching or other forms of nature walks, boating in the cove, and hunting.

The cove is an important area for waterfowl, especially during migration.
This makes it attractive for both birdwatchers and hunters.

Recreational Activities at Tippin's Pond

A variety of recreational activities takes place at Tippin's Pond throughout
the year. Picnicking, walking, boating, and fishing are common activities.
Children play in the area and in winter use the pond for ice skating. Associated
with cold weather activities is the building of fires near the pond's edge. Trail.
bikes have been observed running up and down the steep slopes around the pond and
also along the trail at the edge of the pond.

Historical and Archaeological Features of Fish House Cove and Tippin's Pond

Several features of historic and archaeological significance are in existence
on or near the Fish House Cove and Tippin's Pond sites. Prior to the arrival of
co lonial settlers, the Pennsauken area was occupied by Lenni-Lenape Indians who
valued the area for its wild rice, peas, raspberries, blackberries, and wildlife. The
cove was the site of a major Indian battle, involving warriors in over 100 canoes, in
which the Lenni-Lenape were victorious. The Arlington Cemetery, adjacent to
Tippin's Pond, is a former Indian hunting ground from which many artifacts have
been recovered. The Fish House area was the home of Chief Tammane, who knew
William Penn and became a well-known figure in Philadelphia in the late 1600's. In
recognition of his honesty, the Democratic Club of New York chose to name its
meeting hall after him, but subsequently scandals in that organization have unfairly
linked the Tammane name with corruption in government.

The Pennsauken area was first explored by Europeans in 1633 by an English
party of 15 led by Thomas Young and Robert Evelyn. They set up a fort near
Pennsauken Creek and called it Eriwornac after a local Indian chief. With the
establishment of New Sweden in 1643, some Swedish families settled in the

-21-

Pennsauken area. The Swedish influence is evidenced in the architectural style of
the historic Griffith Morgan House in Delair. In the 17th century, many Quakers
seeking religious freedom came to settle in the area. These early settlers were
farmers, and through the,1800's the area was primarily characterized by farms and
orchards. A stagecoach served the area, and one of the stagecoach stops was along
Cove Road near Tippinis Pond. It is a privately owned home today. Another
structure that stood until 1911 was the Half Way House, a tavern located near the
entrance to Arlington Cemetery. Philadelphia Quakers, seeking freedom of
another sort, came to Petty's Island off the cove to gamble, outside the reach of
Philadelphia's laws (Fichter, 1975).

In 1834, the Camden and Amboy Railroad opened a line through Pennsauken
that now divides Fish House Cove from Tippin's Pond. Local farmers opposed its
opening, claiming that it was unsafe and that it made the chickens stop laying eggs.

The town of Fish House was created by Charles Price, a Pennsauken resident
who constructed a group of houses along the river. The town was well known for
fishing. In fact, what is now the southeastern shore of Fish House Cove, then
called Pea Shore, was the home of four fishing clubs, none of which are still
standing. In 1884, 28,000 shad were caught along this shore. An early yacht club is
still standing on the Vineland Construction Corporation property on the Cove. Pea
Shore Beach was a popular summer spot for tourists attracted to its sandy beaches.
There were boardwalks built along Pea Shore, though none of them are there today.
A popular winter sport started by the Hatch family was ice boating on the cove.
Ice skating was also popular..

The popularity of the area for fishing dropped off after 1924, when a fish kill,
attributed to pollution, destroyed the shad population. After the decline of fishing,
the town of Fish House became a settlement of squatters. The settlement was
dismantled after World War 11 by the local fire company. See Figure 5 for a display
of places and events in the cove's history.

The Tippon family (original spelling) moved to the area in 1890. The pond
was used for picnics, fishing, ice skating, and family reunions. The ruins of the
Tippon's house, which burned to the ground in 1980, still are in existence on the

-22-

village of
Tish House

'home of
Chief Tammane of
the Lenni-Lenape
Pea Shore

00
FEN HOM COVE
'(formerly called
Steele's Bay,
Stone Cove)

Pea Shore
beach -7

site of Indian picruc area
canoW battle

Delazwre River

17th century
Quaker gambling
spot.

FISH HOUSE COVEJ
WRDUFE, SANCT
PENNSAUKEN TOWNSHIP UARY HISTORICAL PLACES
WATERFROwr DtsTRIcr mANAGEmEm pROGRM

ROC"& COMM A KALPMM
RULADELM" PEMMYLVANK
Figure 5

southwestern corner of the pond. The family ran a store and a tavern called
Schillers Heights near the cove shore.

Early industry in the area included brick companies (e.g., the Hatch Brick
Company of Delair), which located their kilns along the river banks. The Lennick
China Company once owned the site of Tippin's Pond and mined clay where the
township recreation area is presently located. In 1930, Rundles Manufacturing
Company, a subsidiary of Sears and Roebuck Company that made bathroom
fixtures, was built near the cove. Figure 6 shows some of the sites of historical
interest near the pond.

After World War 11 an industrial park program was begun in Pennsauken, with
over 10 parks being built between 1958 and 1968. This industrial activity along the
waterfront continued the trend of filling freshwater tidal marshes in the township.

Land Use of Fish House Cove and Vicinity

Although Fish House cove is a natural area consisting of a freshwater tidal
marsh and a deepwater area beyond the marsh, it is surrounded on three sides by
existing or proposed industrial uses: the Texaco Tank Farm, the Penn Central
Railroad, and the Vineland Construction Company. Industrial uses continue beyond
both the Texaco properties and those of the Vineland Construction Company.
Future plans for the Vineland site call for a containerized cargo port/truck
distribution center (Carruth, 1981, oral communication). A residential neighbor-
hood with some recreation uses abuts the railroad tracks upland from the cove.
The Tippin's Pond area is adjacent to the cove in its eastern corner across the
railroad right-of-way. Land uses are shown on Figure 7.

Land Use of Tippin's Pond and Vicinity

The areas immediately around Tippin's Pond are vacant and support deciduous
woods and small fields. There are extensive residential neighborhoods stretching
for several miles to the southwest, south, and southeast of the pond, with the
exception of the Pennsauken swimming pool and tennis courts that are directly
across River Road from the pond. Between Cove Road, River Road, and the pond,
there is a small residential neighborhood, but across Cove Road several industrial

-24-

'Wian hunting
eo-uncC
UNION PAVING COMPANY 6-av hnu-
C019 OAD

MODERN HA
CHRO E CO.

A8ARRY
STEEL CO.

village of stagecoach;
Fish House sto lo
M&LCMST AVE-
P?'

PENNSAUKEN
TOWNSHIP
TIPPIN'S POND
SWIMMING POOL

TEXACO

home of
Chief Tammane of
,he Lenni-Lenape LONGFELLOW

f--M;*-C-NAN?VKLfi A.G.-.e

Pea
FISH HOUSE COVE
TIPPIN"S POND
RECREATIONAL AREA
PENNSAUKEN TOWNSHIP HISTORICAL PLACES
WATERFRONT DISTRICr MANAGEMENT PROGRAM

ROGERS, GOLDEN & HALPERN
PHILADELPHIA, PENNSYLVANIA
Figure 6

1Z
v
H-1

-@e

Fr3H HOUSE COVE

H-1

L-1
n.

Dplauare Riwr

--j

4,@

....... ... ...-

--------------

LAND USE
FISH HOUSE COVE.)
Recreation
WILDLIFE SANCTUARY Residential F-Zg@
Commercial Transportati.
PENNSAUKEN TOWNSHIP
WATERI'RONT DISTRICT MANAGEME.NT PROGR,@ Industrial Vacant
Water
R-RS. --- 11 1-1-@ -1W bidustrW with water
MfLADELMIA. PEN41%YLV@M, access
Figure 7

uses are found. The Penn Central Railroad line and the vacant land beyond are
found on the northwestern edge of the Tippin's Pond site. Figure 8 shows land uses,
by property, for the area around Tippin's Pond.

History of Filling in Fish House Cove

Since the beginning of the century, extensive filling of marshlands has been
undertaken along the Delaware River shoreline, much of this in conjunction with
spoils disposal from navigation channel dredging and from industrial park develop-
ment. A chronology of this filling activity and consequent loss of natural shoreline
and historical recreational uses can be constructed by comparing maps and aerial
photos of the Cove area covering an extended period of time (see Figure 9).

The following aids were used in constructing this chronology:

0 1909 U.S. Army Corps of Engineers Survey Map
o 1917-1918 Riparian Conveyances Map
o 1932 U.S. Army Corps of Engineers Survey Map
o 1939 U.S. Army Corps of Engineers Harbor Lines Map
o 1959 aerial photograph, Camden County Planning Board
o 1965-1966 aerial photo and U.S. Army Corps of Engineers Survey Map.
o 1971 aerial photograph, Camden County Planning Board
o 1978 aerial photograph, Aerial Data Reduction Associates, Inc.,
Pennsauken
o 1979 aerial photograph, Aerial Data Reduction Associates, Inc.,
Pennsauken

The 1909 survey shows the cove as a rather smooth and gradual incurving of
the river, roughly between upper Petty Island (about 1/4 mile downstream of the
upper end) to Delair. The 1917-1918 map shows minor changes in the shoreline,
indicating limited filling activity. By 1932 a dramatic change had occurred as
hydraulic fill was placed between the shore and Fisher Point Dike, and at the
western edge of the cove by Farragut Avenue. By 1939 the area between the Petty
Island Branch line of the railroad and 47th Street was filled, extending about 2,000
ft into the Cove from the original shoreline. The 1930's appear to be the most
active period of filling along the southern shore of the Cove. Subsequent changes

-27-

j"'
UNON PAVING COMPAN<@W ARLINGTON CEMETERY
A
CO- -D

VO-D E R N HAOR
CHRO
R-3
W
RY
EL: CO.
EI

R-1

-1-A
ILJ-RE@C

PENNSAUKEN
low.
TIPPIN'S POND TOWNSHip
@WIMMIN. POOL

CO jtt'

R-3

'r.A
LONGFELLOW

-13 1@ SCHOOL
-.6-REC'
I kv 7

c T11
A
A
SH HOUSE COVE

LAM UM
TIPPIN"S POND
Residential r--WE-'dl Recreation
IndUSUial Transportation
RECREATIONAL AREA
PENNSAUKEN TOWNSHIP L-ndustrial with r V Vacant
water access
WATERFRONT DISTRICT MANAGEMENT PROGRAM
Institutional Water
ROGERS, GOLDEN & HALPERN
PHILADELPHIA, PENNSYLVANIA
\1C1-1
Figure 9

FISH HOUSE.COVE. j-
HYDRAULIC
FILL

1918
HORELINE

1909-1918 1932

wDRAULIC, OILL

FISH-;- FISH`@-- -@@TISW
MOUSE HOUSE.:'
HO SE
COVE
COVE VE COVE:

19 2
S RELINE

1959 1966 1971 1974-1979
S

Figure 9. History of Filling in Fish House Cove.

include additional fill along the northeastern side of the Cove progressing gradually
between the 1959 photo and 1979. Through the 1970's, a small area along the
southeastern shore of the cove below the railroad appears to be the site of some
small-scale filling.

These changes in the shoreline for purposes of dredge disposal and industrial
development have severely diminished the size of Fish House Cove and have
reduced the length of tidal wetland-type shoreline available for recreational use.
The loss of marsh habitat is difficult to assess because only the early shoreline, not
the extent of marsh habitat, is known. Differences in tide levels and season when
the aerial photographs were taken also makes a determination of actual marsh
habitat difficult.

Zoning in the Fish House Cove Area

The Fish House Cove area from the Pennsauken Township-Camden City
boundary to the north along the waterfront is zoned for industrial uses, either
limited industrial (L-1) or heavy industrial (H-1). Pennsauken Township has a
Waterfront Management Area that is an overlay zone north and west of the
railroad tracks. It consists of land and water areas that are generally within the
500-year floodplain of the Delaware River and its major tributaries. The purpose
of the Waterfront Management Area provisions of the zoning code (Sec. 126-701.1;
Township of Pennsauken, 1981A) is to ensure a balanced and compatible mix of
waterfront land and water uses with particular emphasis on protection of the
natural environment along the river, public use of waterfront areas, and public
access to the waterfront. To achieve these purposes, certain areas within the
Waterfront Management Area may only be used for public recreation, and all new
uses proposed for the area must be intrinsically dependent on access to the
aterfront. Landward of the railroad right-of-way are C-1 (commercial), R-3
(residential with minimum lot size 5,000 sq ft), R-4 (residential with minimum lot
w

size 4500 sq ft or various multifamily not exceeding 15 families per acre), and H-1
zones. The distribution of these zones is shown in Figure 10.

-30-

R-3

-/P

IJP, t77:
OX, I/V 7,;

FISH HOUSE COVE ZONING
WILDLIFE SANCTUARY L-1 Limited indu ia, Residential q
PENNSAUKEN TOWNSHIF s'r 0'0 s minimum
"ATERPRONT 91@IRICT m,@-rmiw -,,h- H-1 Heavy industria R--2 :000 sq ft lot size
ROGPRS (XADEN & HALPERN C-1 Commercial P-3 5000 sq ft
Waterfront Management
Area (overlay zone) Figure 10
. .. . ....... . .

Zoning in the Ti ppin's Pond Area

The land use zones found in the Tippin's Pond area are shown in Figure 11.
The pond and areas to the south and across River Road are zoned R-3 residential,
which allows single-family residential use on 5,000 sq ft (minimum) lots. The area
between the pond and Cove Road is zoned R-4, permitting single-family semi-
detached dwellings on 4,500 sq ft lots and townhouse (10 families per acre
maximum) and garden-type multifamily development (15 families/per acre
maximum). Areas to the north of Cove Road and to the west of the railroad tracks
are zoned H-1, heavy industrial zoning that permits most industrial uses except
private dumps or automobile graveyards.

Land Ownership i n the Fish House Cove Area

The main parcel of Fish House Cove is owned by the State of New Jersey (lot
12, block 1). This 122.6-acre parcel is surrounded by lands owned by the Vineland
Construction Company, Texaco, or the Penn Central Railroad. There are three
very small properties between the large State-owned parcel and the railroad
property. Two are in private ownership and the third is owned by the State.
Beyond the Texaco properties are large parcels owned by the Amerada Hess
Corporation. Beyond the holdings of the Vineland Construction Corporation are
other corporate-owned parcels. Land ownership paterns around the cove are shown
in Figure 12 (Township of Pennsauken, 1981B).

Based on a comparison of aerial photographs and tax maps, the exact location
of the property line separating lot 12 from the Texaco properties (lots 13 and 15,
block 1) is not clear. There is the possibility that much of the filled land edge
along the Texaco properties actually lies on state riparian lands.

Land Ownership in the Tippin's Pond Area

The main parcel of Tippin's Pond covering most of the pond area and its
immediate shore is owned by the Township of Pennsauken (lot 6, block 516). The
Township also owns a small parcel fronting on Cove Road that touches the main
parcel (lot 5, block 516) and all the land across River Road from the pond up to the
intersection with Cove Road. Other parcels along the northern and southwestern

-32-

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y
4

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52
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7,1
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PENNSAUKEN

T.-NF.IP
TIPPIN'S POND
SWIMMING POOL

R-3
L
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IGFELLOW

:!7 7-77.771- _7
516-984 �29 @--REC I SCHOOL
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6- 6
il LG-'A-A 6t
-3
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.. . ...... . .......... . . ............ ....... .. . ...... .
ZONING
TIPPIN"S POND Residential
9000 minimumch Heavy industrial
R-3 5000 lot size$ 7; Waterfront Management
RECREATIONAL AREA
PENNSAUKEN TOWNSHIP I R-4 Apts., townhouses Area (overlay zone)
WATERFRONT DISTRICT MANAGEMENT PROGRAM 15 DU/acre maximum

ROGERS, GOLDEN & HALPERN
PHILADELPHIA, PENNSYLVANIA P

Figure 11
AIM

R-3

%XI

H-1

R-3

FISH HOUSE COVE
'ji,

H-1

-El

H-L4

Dr/auvre Riwr

H-1

Lkaw Owmmaw
FISH HOUSE COVE
Pwavm Od c4no. Other
Towftlhip pony (Texam) Corp-tion
WILDLIFE SANCTUARY =P--
I PENNSAUKEN TOWNSHIP
WATERFRONT DISTRICT MANAtZX State of AnmPada He*
ENT PROGRAM
New Jet my C-Vor-m
ROGERS. GOLD . IMPERN
PHILADELPHIA, PENNSYLVANIA CmIrmle.
lion Cornpmy pie" 12

edge of lot 6 are privately owned, notably lot 9 (block 516), a 2-acre vacant parcel
that runs along the steep bluff overlooking the pond. The western edge of the site
along the railway is owned by the Penn Central Railroad. This right-of-way widens
from approximately 90 ft as it approaches the Pond area to nearly 200 ft as it
nears Cove Road.

Most parcels to the north of Cove Road are in corporate ownership, while the
small parcels between Springfield Avenue and the unimproved right-of-way for
Merchantville Avenue are privately owned. Land ownership patterns in the Tippin's
Pond area are illustrated in Figure 13 (Township of Pennsauken, 1981B).

Riparian Lands Status of Fish House Cove and Tippin's Pond

In New Jersey any lands now or formerly flowed by the mean high tide are
considered riparian lands. The State owns riparian lands unless it has divested
itself of ownership by issuing a riparian conveyance. Three types of conveyance
may be issued by the State--a grant in fee for occupying lands with solid fill, a 15-
year lease for solid fill and pier-type structures, and a 10-year license, payable
annually, for resident-type structures. No-new construction, dredging, repair, or
replacement work may be done on riparian land without first obtaining a riparian
construction permit (sometimes known as a waterfront development permit) from
the State. The plans for such work must be signed and sealed by a licensed
engineer. In order to repair a legally existing structure or to do maintenance
dredging, an administrative approval permit must be obtained. For all marine
construction, a permit must be obtained from the U.S. Army Corps of Engineers.
Other permits that may be required include Wetlands, Stream Encroachment, and
Waterfront Development permits.

The Fish House Cove site, lot 12, block 1, was the subject of a riparian grant
issued to Joseph Cramer, Inc., June 21, 1926, and was reconveyed to the State by
the Legislature in 1934. Lots 5, 5A and 5B (block 1) are the upland properties.

The title study and riparian maps of the Tippin's Pond area have not yet been
completed but must be within one year if the State is to claim the area as riparian
due to the recent passage of the riparian referendum.

-35-

- - - --------

ARL24GTON CEME
UNION PAVING COMRfq<
TERY

.......... . .......... ............... ..

ODERN HARD---7'

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EJR

/<
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TIPPIN'S POND
SWIMMING POOL

R 3
I LONGFELLOW
W.
SCHOOL
-13 1- 516-9841-

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L
77- .1 ---r " ' '@ '@
7
711 L
FISH HOUSE COVE J -1 :9
V

- ------ ----
LAND OWNERSHIP
PUbfiC Private
TIPPIN"S POND
Pennsauken Paragon Oil Com-
Township pany (Texaco)
RECREATIONAL AREA
State of
PENNSAUKEN TOWNSHIP New 3 sey CAmoreproardaltioHne"
er
WATERFRONT DISTRICT MANAGEMENT PROGRAM
Other
Other, tax
Corporations
ROGERS, GOLDEN & HALPERN exempt
PHILADELPHIA. PENNSYLVANIA
Individuals

Figure 13
5_1

;T--7

Utilities and Services in the Fish House Cove Area

Although utilities and services are generally available in the Fish House Cove
area, direct connections to sanitary sewer and water distribution lines are not
available on the cove side of the railroad right-of-way. Electric power lines cross
the tracks at Cove Road. Storm sewers on the cove side of the tracks are not
needed due to the limited land area there and its direct drainage to surface water.
Utilities and services are shown in Figure 14.

Utilities and Services in the Tippin's Pond Area

Electric power lines (13, 14, and 26 kV) run close to the Tippin's Pond site
along River Road and Cove Road. Sanitary sewer lines serve the southwestern
edge of the site along Springfield Avenue. Any facility in the Tippin's Pond basin
needing sanitary sewage removal would have to pump it to lines along Springfield
Avenue. Because there are no impervious surfaces in the pond basin, storm sewers
are not needed. However, two storm sewer outlets discharging drainage from
River Road and the Pennsauken Swimming Pool Facility create a sedimentation and
water pollution problem fo r the pond as well as contributing to fluctuations in the
pond's water level that may be responsible for occasional flooding of shoreline
paths. Water distribution lines are found all around Tippin's Pond except for a
short distance along the Penn Central right-of-way. Telephone service is available
everywhere in this area of the Township. Figure 15 shows utilities and services in
the vicinity of Tippin's Pond.

Circulation and Parking for Fish House Cove

Regional access approaching Fish House Cove is adequate along heavily
traveled River Road, which connects to Route 73 and Federal Street in Camden.
There is no public access by land to the Cove. By automobile, the points of closest
approach are on the several streets from 47th to Springfield Avenue that dead-end
at the railroad right-of-way and on the section of Cove Road that continues on the
cove side of the tracks for a short distance. Access from these areas must be by
foot across the tracks and down the railway embankment or through lowland
vegetation on private land if Cove Road is used. Off-street parking is limited to a

-37-

1 q

T.
@SH HOUSE COVE

... . .........
- - - ------- . ......... .. . .........
UmrTms
FISH HOUSE COVEJ
WILDLIFE SANCTUARY

WATrRFRO.NT DISTRICT MA.NAGr.MENT PROGRAM
77
PENNSAUKEN TOWNSHIP

ROG FIS. rJOLDEN & tIALPERN
PHILA(ALMIA. PF.N..NSN'IVAN;A
Figure 14

UNION 'A'.G COMPANY ARLINGTON CEMETERY

- - - - - - - - - - - - - - - - - L - - - - - -

MODERNHAR
C
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HROME 0

ABARRY
STEEL CO. i
V

PENNSA EN

TOWNSH
TIPPIN'S POND SWIMMING POOL

ACOQ.\

LbNGFELLOW

SCHOOL

-8 SS
8-83

FISH HOUSE COVE

UnLrrw_s
STOW SEWERS: WATER DISTRIBUTION:
TIPPIN"S POND S-W_
ploes Mom
as y
Headw H drant
a InIets Valve Box
RECREATIONAL AREA Manhole Slow Off
PENNSAUKEN TOWNSHIP
WATERFRONT DISTRICT MANAGEMENT PROGRAM SANITARY SEWERS: -43- Manhole
S*SS Gravity Main ELECTRICAL DISTRIBUTION.,
------ Force Main 13.14.20 kV Lines
ROGERS, GOLDEN & HALPERN 0== Pwripirn Station
PHILADELPHIA, PENNSYLVANIA
Manhole
Figure-15

small gravelled lo t owned by the Township, off Cove Road but across the tracks
from the cove.

Bus 9 of Transport of New Jersey, originating in Philadelphia and stopping in
Camden, services River Road and the Fish House Cove/Tippin's Pond area on a
regular basis.

Immediate access to the Cove is by way of Tippin's Pond: see discussion and
Figure 16 below.

Circulation and Parking for Tippin's Pond

Regional access for Tippin's Pond is provided by River Road, which connects
to many other streets and highways in the township, and by Cove Road, which runs
to the north of the site. River Road at the Pennsauken Township Swimming Pool is
heavily travelled, carrying about 10,300 vehicles per day (annual average - Camden
County Department of Highways, 1981). Although there are many public parking
places available at the swimming pool facility, these spaces are cut off from the
Pond by this heavy traffic on River Road and by difficult access to the pond along
the north side of that road. A small gravelled lot near the intersection of Cove
Road and the railroad is owned by the Township and can accommodate about a
dozen cars. If the right-of-way of Merchantville Avenue north of River Road were
cleared and a driving surface installed, another access point for automobiles could
be readily created. From either the Cove Road or the potential Merchantville
Avenue approaches, there is easy access to the pond by foot within 500 ft.
Formerly an underpass beneath the tracks permitted access from the pond to the
cove, but it is now filled in. Opening it again would provide safe pedestrian access
to the cove by way of the pond. See Figure 16 for circulation and parking
inf ormation.

Special Areas in the Fish House Cove and Tippin's Pond Area

Under the New Jersey Coastal Management Program, a report called Coastal
Resource and Development Policies (June, 1981) spells out the policies that are the
criteria for permit decisions under CAFRA, the Wetlands Act, and the Waterfront
Development Act and that will guide NJDEP recommendations to the Tidelands

-40-

JLJ
Cl-@ L#QON PAVING CMAPANY r MAJNGTON CEMETE;*f

MODERNH
CHRO E

ASARRY
STEEL CO.

................... ..... .

PENNSAUKEN
TOWNSHP
N'S SWIMMING POOL
TIPPI POND

TEX
ACO
Y@i LONGFELLOW
SC1400L

FISH HOUSE COVE
TIPPIN"S POND (MCULAnCW AM PAIMING
RECREATIONAL AREA Collector highway
PENNSAUKEN TOWNSHIP Local street
WATFRMONT DISTRICT MANAGEMENT PROGRAM Parking area
ROGERS, GOLDEN & HALPERN Potential parking area
PHILADELPHIA. PENNSYLVANIA

Figure 16.

Resource Council and other coastal zone management decisions. The report lists
44 types of coastal areas (Special Areas) "which merit focused attention and
special management policies."

Special Areas that may be relevant to the Fish House Cove and Tippin's Pond
sites include the following:

o Prime Fishing Areas
o Finfish Migratory Pathways
o Navigation Channels
o Submerged Infrastructure Routes
o Intertidal Flats
o Filled Water's Edge
o Natural Water's Edge Floodplains
o Alluvial Flood Margins
o Beaches

o Wetlands

o Wetlands Buffer
o Steep Slopes
o Specimen Trees
o Endangered or Threatened Wildlife or Vegetation Species Habitats
o Critical Wildlife Habitats
o Public Open Space

Definitions, policies, and rationales for these policies, as presented in the
NJ DEP report (1981), are reproduced as Appendix C.

Constraints to Recreational Use of the Fish House Cove and Tippin's Pond Sites

Intrinsic site characteristics may place constraints on the development design
or pose problems that must be addressed and resolved in the planning and design
phases for recreation development of Fish House Cove and Tippin's Po nd. This
section deals with the potential problems and constraints presented by the two
sites. Figures 17 and 18 illustrate many of the problems discussed in this section.

-42-

Limited: parkin
.9

lack of public
access to cove dangerous pedestrian
cr" over RR tracks
filled
und-.1

f11:@@

erosion
problem

hunting may
pose risk to
tank farm-

00 @61.
00 nom HOUSE COVE

'low flow in river may cause
increase in cove salinity

potential for increased sedimentation
due to consuvction, dredging activities
Delaunre River and increased ship traffic

FISH HOUSE COVE)
WIMUFE SANCTUARY POTENTIAL CONSTRAINTS
PEMMUMN IMNSHIP
WATERFRONT DCSTRICT MANAGEMENT PROGRAM
ROGER& GOLDEN & HALPERN TO RECREATIONAL USE
PHML40ELPM& PENNSYLVAPRA
Figure 17

A @_j
UNION PAVING COMPANY COVE ROAD AFL14GTON C.EMETERY I L

MODERN H
CHROME ICAOR9`-@

ABARRY
STEEL CO.

Pnts E.LCA&ST Al N6
limited wash to-pam
parking
hazard in L-\-
winter
0 PENNSAUKEN
TIPPIN'S POND NSW
po ING POOL
filled underpass
TEXACO -0 dum
0 flooding,
/dangerous pedestrian
over RR tracks 8
er@i@ problem parking but dangerous I LONGFELLOW
pedestriancr@pll3lng
over River Road

FISH HOUSE COVE
TIPPIN"S POND
POTENTIAL CONSTRAINTS
RECREATIONAL AREA- TO RECREATIONAL USE
PENNSAUKEN TOWNSHIP
WATERFRONT DISTRICT MANAGEMENT PROGRAM

ROGERS. GOLDEN & HALPERN
PHILADELPHIA, PENNSYLVANIA
EEEE.W 2r.
Figure IL
L,)L

Accessibility/Parking for Fish House Cove. There is currently no public
access to Fish House Cove. Cove Road, as a public right-of -way, ends about 100 ft
on the cove side of the railroad tracks. All land surrounding the cove is owned by
the railroad or is in private ownership. Formerly there was a passageway under the
tracks from the western corner of the pond area to the cove for pond drainage and
pedestrian traffic. This underpass is now filled in, although two substantial
retaining walls are visible on both sides of the track embankment. There is a small
parking area owned by the township of f Cove Road but on the other side of the
tracks from the cove. The major problem associated with the current parking area
location is the danger involved in uncontrolled pedestrian traffic across the
railroad tracks. This is a particularly serious issue when considering the use of the
areas by unsupervised children.

Accessibility/Parking for Tippin's Pond. The best access to Tippin's Pond by
car is from Cove Road. Persons arriving by car can park on a small township-
owned property near the pond and walk down a gravel path to the pond's edge
closest to the railroad tracks. Parking is also available across River Road at the
township recreation area; however,. heavy traffic presents a safety hazard,
particularly for unsupervised children attempting to cross River Road to get to the
pond area. Foot access along the trail that partially circles the pond may be
impeded by periodic flooding as the pond level rises in response to direct discharge
of stormwater from River Road and more gradual flow of groundwater following
storms or snow melt.

Pond Drainage-Tippin's Pond Site. Since the culvert collapsed that for merly
drained Tippin's Pond to Fish House Cove, a new and higher mean water level is
established in the pond. The higher water levels have caused the death of many
trees formerly on the banks but now well within the pond itself. These higher
levels have also resulted in periodic flooding of portions of the perimeter path
particularly near the western corner of the pond. This presents a problem in terms
of trail location and maintenance and in terms of designing facilities to contend
with these fluctuations. For example, installation of a boardwalk may be
necessitated to allow crossing of periodically flooded areas, whereas a stabilized
water level by means of an overflow device would allow the use of conventional
walking trails.

-45-

Erosion. Several points along the southern bluffs overlooking Tippin's Pond
are severely eroded. If corrective measures are not taken, erosion will continue as
trail bikes and sleds are used on these slopes. Gradually, larger areas will be
affected, resulting in death to hillside vegetation as root zones are exposed and
eventually a leveling of the bluffs themselves. This erosion does not pose a direct
threat to the pond itself due to the flat areas at the foot of the bluff that trap the
sandy soil particles. Erosion from the bare sandy soils at the back of the
Pennsauken Swimming Poolsite, however, does affect the pond as soil particles are
washed across the parking lot, across River Road, and into storm sewers where
they are directed to the pond's edge.

Erosion into Fish House Cove does not appear to be a major problem, as the
steep banks along the railroad right-of-way and Vineland Construction Corporation
properties are well vegetated. Some areas that may be actively eroding are the
areas of recent fill along the edge of the Texaco property.

Impacts of Adjacent Land Uses on Fish House Cove. The influence of adja-
cent land uses on the Fish House Cove site include railroad and truck traffic noise,
possible air and water pollution, sedimentation, and salinity problems. The
adjacent Penn Central rail line is traveled frequently by slow-moving freight
trains. The rather heavily traveled River Road generates a steadier but faint

noise.

Sediment from eroding soils at the edges of recently filled areas may present
design and maintenance problems, particularly in terms of stabilizing areas with
vegetation. If sedimentation levels in the cove were to increase due to adjacent
filling, dredging, development or ship traffic, the seeds of annual marsh plants
might be buried sufficiently to prevent successful emergence of seedlings, or young
plants could be buried. If this were to happen, perennial plants like common reed
might have a competitive edge and extend into the areas formerly occupied by
these annuals.

A change in the cove's salinity level, which is now extremely low, could
affect species composition in the marsh. The shift in the species present would
depend on the physiological tolerances of the various species. The salt we dge in
the'Delaware River extends past Fish House Cove in summer periods of low water

-46-

flow. Salinity in the cove could be increased by channel dredging, increased tanker
or ship traffic, diversions of fresh water from the upper Delaware River, and
drought conditions that would reduce the freshwater inflow (CCEA, 1980).

There is a critical ownership issue concerning the filled edge lying along the
boundary separating the state riparian lands of Fish House Cove (lot 12, block 1)
and the Texaco parcels (lots 13 and 15, block 1). As noted above, there is the
possibility that parts of this filled edge used by Texaco are on state riparian lands.
Due to the approval of the riparian lands referendum in November 1981, the state
has but one year to assert ownership of that part of lot 12 that may be filled as an
extension of the fill on Texaco's lots 13 and 15. -

A major dock and warehouse facility planned for the Vineland Construction
Co. site has the potential for disrupting the ecological balance of Fish House Cove
both during construction and operation if mitigative measures are not taken. One
way to assure protection of the cove marsh would be to incorporate a planted and
fenced buffer strip along the northern land boundary of the Vineland site including
the tidal drainage pattern that has developed in the hydraulic fill.

Impacts of Adjacent Land Use on Tippin's Pond. The main impacts of adja-
cent land use on Tippin's Pond are noise from railroad, truck, and automobile
traffic, erosion and sedimentation problems, and illegal dumping of trash.

The noise generated -by the Penn Central freight line is intermittent, while
the traffic noise from River Road is steady. Truck traffic along River Road is
particularly noticeable. Summer foliage at the pond's edge effectively blocks the
road traffic from the view of the pond; River Road traffic is visible in winter.

Erosion of nearby land areas draining into the pond via the banks or storm
sewers presents a sediment problem, and the pond is gradually filling. The barren
slopes along the pond's southwestern edge and along the rear of the Township
Swimming Pool area probably contribute sediment to the pond during storms.
Pollutants from roads and other unidentified sources may enter the pond with
stormwater via two storm sewers discharging to the pond along River Road.
Dumping of trash, primarily where there is access by car, is a problem on the
Tippin's Pond site. In particular, three areas located off the sand road running

-47-

along the northwest edge of the pond and in the western. corner of the pond site are
badly affected by this illicit activity.

Safety at the Fish House Cove Site. Major safety factors along Fish House
Cove include train traffic, hunting, rafted debris, and security.

The railroad line, although the freight trains are slow moving, may present a
hazard to people using the area. Th e most serious, danger is associated with
uncontrolled access to and from the site across the tracks.

Another safety aspect to be considered is the potential for criminal activi-
ties, such as robbery or assault, that can take place, particularly in the more
isolated areas of the cove. Adequate policing of these areas would be called for, as
well as a design that takes this vulnerability of users into account.

The presence of shotgun shells observed along the cove shore attests to
hunting activity. Shooting may conflict with other recreational uses of the site and
could present an additional hazard if the oil storage tanks on the Texaco property
were incidentally damaged.

Loose pilings and debris are rafted into the cove on the tide. These could act
as battering rams, posing a threat to structures placed in the cove areas af f ected.

Safety at the Tippin's Pond Site. Safety issues at Tippin's Pond are the depth
of the pond, ice safety in winter, the building of fires along the pond edge, and
security.

Water depth is a safety factor to be considered for any water body where
recreational activities are involved. Ice skating is a popular activity in the winter,
and water depth is a particular concern if the ice is not thick enough to support
people.

Another safety aspect to consider is the potential for criminal activities,
such as robbery and assault, that can take place, particularly in the more- isolated
areas of the site.

-48-

Usually associated with such cold-weather activities as ice skating is the
building of fires around the pond. In addition to the real safety concern, these fires
present a nuisance because passing motorists think the woods are on fire and
repeatedly alert the local fire department, which has to investigate all such reports
(Carruth, 1981, oral communication).

Construction of Recreational Facilities in Fish House Cove. Due to the
waterfront location of the cove, construction and use of recreational facilities in
the cove such as boardwalks or observation stations on pilings will require certain
state permits including a riparian construction, wetlands, and stream encroachment
permits.

Removal of Trash and Prevention of Dumping. The railroad embankment and
the vacant lands around Tippin's Pond have been the site of illegal dumping of
demolition debris, excess road aggregate, old newspapers and household trash. Any
plan to create a park around Tippin's Pond must include steps to remove this
unsightly refuse and design features to prevent access to those who would continue
to desecrate these natural areas.

-49-

REFERENCES

CCEA (Camden County Environmental Agency). 1980. Potential Environmental
Impacts. of Energy Facilities and Other Development on Fish House Cove, Delaware
River, Camden County, New Jersey. Final Report. Prepared for the New Jersey
Department of Energy with the assistance of WAPORA, Inc.

Carruth, K. 1981. Oral communication, Township of Pennsauken Planning and
Zoning Coordinator.

Environmental Analysis, Inc. 1975. Natural Resource Inventory, Pennsauken Creek
and Tippin's Pond. Prepared for the Pennsauken Township Environmental Commis-

sion.

Ferren, Wayne R., Jr. 1976. A Study of the Proposed Landfill Site, Pennsauken,
New Jersey. Prepared for the Camden County Environmental Commission.
Academy of Natural Sciences, Philadelphia, Pennsylvania.

Fichter, Jack H. 1975. Our Pennsauken. The Pennsauken Bicentennial Commis-
sion, Pennsauken, New Jersey.

Firer, JoAnn. 1981. Oral communication. New Jersey Department of Environ-
mental Protection, Division of Fish, Game and Wildlife.

HUD (U.S. Department of Housing and Urban Development), 197.7. Flood Insurance
Rate Map and Flood Hazard Boundary Maps. Federal Insurance Administration.

NJDEP (Department of Environmental Protection). 1980. Coastal Resources and
Development Policies. Division of Coastal Resources. Trenton, New Jersey.

NJDEP (Department of Environmental Protection), 1981. Coastal Resources and
Development Policies, Incorporating amendments of Sept. 26, 1980 and June 4,
1981. Division of Coastal Resources. Trenton, New Jersey.

NJDOT, 1980. Counting Station Information. (Division of Comprehensive Trans-
portatio n Planning).

-50-

Township of Pennsauken. 1981 A. Development Regulations, Chapter 126 from the
Code of the Township of Pennsauken. General Code Publishers Corporation,
Spencer Port, New York.

Township of Pennsauken. 1981B. Tax Dupli cate.

Tyrawski, John M. 1979. Shallows of the Delaware River, Trenton, New Jersey to
Reedy Point, Delaware. U.S. Army Corps of Engineers, Philadelphia District.

U.S. Army Corps of Engineers. 1979. Delaware River Dredging Disposal Study
Stage I Reconnaissance Report.

U.S.D.A. (Department of Agriculture). 1966 Soil Survey, Camden County, New
Jersey. Soil Conservation Service in Cooperation with New Jersey Agricultural
Experiment Station.

U.S.F.W.S. (Fish and Wildlife Service). 1957. A Detailed Report on Fish and
Wildlife Resources in Relation to Channel Dredging for the Delaware River,
Philadelphia, Pennsylvania to Trenton, New Jersey, Project. Bureau of Sport
Fisheries and Wildlife.

U.S.F.W.S. (Fish and Wildlife Service). 1977. National Wetlands Inventory.
Camden Quadrangle map (Draft).

Wagner, R. Jr., 1981. Oral communications. Township of Pennsauken, Assistant

assessor.

APPENDIX A. PROJECT GOALS AND THEIR EFFECTS ON

POLICIES AND PLANS OF OTHER AGENCIES

Pennsauken Township seeks to create a network of public parks f or a variety
of recreational and res ource conservation purposes along the waterfront of the
Delaware River and Pennsauken Creek. This endeavor presents a major strategic
and financial challenge to the Township and will require the cooperation of
citizens, business, industry, and various levels of governmeht to achieve. Spear-
heading this effort is the citizens Waterfront'Management Committee.

Starting with land already in public ownership the Township must assemble by
fee simple purchase or lesser interest other key parcels as part of this open space
corridor. By focusing on the land-water edge, the Township has chosen to preserve
or restore to* a natural state a varied and dynamic ecological situation that serves
as habitat for a wide variety of plants and animals. For these reasons and because
our own species holds the water's edge as a particularly fascinating place for
recreation, the Township's choice is a good one.

GOALS FOR THE PRESERVATION AND USE OF FISH HOUSE COVE

AND TIPPINIS POND

Fish House Cove and Tippin's Pond, as the subjects of the present study, are
the first elements of the Pennsauken riverfront park system. It is necessary to
establish goals for these two sites and to examine the compatibility of these goals
with local, regional, state, and federal policies and regulations.

Goals for Fish House Cove

To preserve Fish House Cove as a wildlife sanctuary.

To provide passive recreational opportunities for the citizens of New Jersey
in the cove that are compatible with its function as a wildlife sanctuary.

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To acquire interest in land adjacent to Fish House Cove that will be
sufficient to ensure its preservation as a wildlife sanctuary and a place for
passive recreation and to provide convenient public access to it.

Goals for Tippin's Pond

To preserve Tippin's. Pond and its adjacent lands as a natural area of woods,
fields, ponds, and wetlands.

To provide recreational opportunities for the citizens of New Jersey on and
around Tippin's Pond that are compatible with its natural state.

To acquire interest in land adjacent to Tippin's Pond that will be sufficient to
protect the pond as a natural area.

The first goal for both sites recognizes their inherent natural values. The
second goal places human activities in the natural setting only to the extent that
these activities do not jeopardize the natural values. The third goal is an action-
oriented statement that is the first step necessary to achieving the first two goals.

PLANS AND POLICIES AFFECTING FISH HOUSE COVE AND TIPPINIS POND

In the sections that follow, we will examine various government policies in
effect for compatibility with the recreational use of Fish House Cove and Tippin's
Pond.

Pennsauken Township

The Comprehensive Master Plan now in effect designates Fish House Cove
for industrial use. Such a designation isclearly in conflict with the goals for Fish
House Cove. However, this plan is currently being updated. According to the
Township's Planning consultant, the new plan will reserve Fish House Cove for
resource protection or recreational use. Tippin's Pond is shown for residential use.

The Zonin g Map for Pennsauken shows Fish House Cove in a heavy industrial
zone. . This area is also in the Waterfront District Management Zone, zoning

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regulations pursuant to which reserve this overlay zone for water related uses.
Here, public open space and resource protection are given particular emphasis.
The land imm ediately surroundi ng Tippin's Pond is zoned to several categories of
residential, much of which is already in residential use. Non-commercial parks and
recreational uses are permitted in all residential zones.

Camden County

The Comprehensive Plan for Camden County (1972) supports in its goals for
recreation, open space, and conservation the concept of a wildlife sanctuary for
Fish House Cove and recreational use of both the Cove and Tippin's Pond as well as
the principle of an interconnected system of parks in the County. On the
Comprehensive Plan, no use is assigned to either the cove or to Tippin's Pond. The
alignment of the Camden-Burlington Expressway would havecut between the cove
and the pond, but plans to build this highway have since been abandoned.

Delaware Valley Regional Planning Commission

The year 2000 Land Use and Open Space Plan (October, 1979) designates.Fish
House Cove as a proposed open space preservation or conservation area--"natural
areas of regional significance, not presently preserved, which are desirable as
permanent open space .... urban or suburban development is not recommended for
these areas." Although the map scale does not allow an exact determination, it
appears that the Tippin's Pond area is designated on this regional plan as a growth
area 1970-2000. However, the commission expects that much of the land so
designated will remain open.

New Jersey Coastal Management Program

Part III of the Coastal Management Program (August 1980) is entitled
"Description of the New Jersey Coastal Zone: Affected Environment." In this part
of the program, the boundary of New Jersey's Coastal Zone is delineated and
visions for the future of specific parts of the coastal zone are suggested based on
the eventual implementation of coastal zone policies. In the section that discusses
the Camden Region (p. 329), the following statements are made:

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The preservation of the few remaining areas (along river waterfronts) still
relatively open and undisturbed in the Region will also be a goal of the
Coastal Program. These include the lower reaches of Big Timber Creek, the
marina area on the Cooper River, and Fisherman's Cove, which could be
maintained as natural areas for carefully managed recreational activities.

Conversations of RG&H with the Bureau of Coastal Planninc, and Develop-
ment indicate that the Fisherman's Cove refered to is Fish House Cove. Thus, New
Jersey's coastal management program suggests a use for the cove that is identical
with the Township's own current plans for its use.

U.S. Fish and Wildlife Service

Although Fish House Cove was a candidate site for dredge disposal in the
Delaware River Dredging Disposal Study (U.S. Army Corps of Engineers, 1979), the
U.S. Fish and Wildlife Service has designated the cove as a high value water fowl
area, which designation essentially removed it from consideration as a disposal
site.

PERMITS FOR CONSTRUCTION OF RECREATIONAL FACILITIES

Permits that may be required for construction of recreational facilities in
Fish House Cove and Tippin's Pond are described briefly below. Most will apply
only to the Cove.

Wetlands Permit (See Wetlands Act, N.J.S.A. 13:9A)

Any development in the tidally influenced wetlands of Camden County is
required to have a wetlands permit if the wetland in question is delineated and
mapped as a wetland by the N.J. Department of Environmental Protection.
Mapping of wetlands in Fish House Cove is currently underway and will have the
force of law in early 1982.

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Waterfront Development Permit (See Waterfront Development Law, N.J.S.A. 12:5-
3)

All new construction on or in.tidal waters is required to have a Waterfront
Development Permit. This would apply to Fish House Cove but not to Tippin's
Pond.

For more information on these two permits contact:

Bureau of Coastal Project Review
Waterfront Region
CN 401
Trenton, NJ 08625
(609) 292-2895

Tidelands Grants, Leases, and Licenses

For Pennsauken Township to apply for a Waterfront Development Permit, it
must first obtain a grant, lease, or license for the principal Fish House Cove parcel
(Block 1, lot 12). In order to have standing to request a riparian interest, the
Township must be in control of the uplands immediately adjacent to this parcel.
One of three narrow upland strips is owned by the State, and two others are in
private ownership. It is currently the practice of the Tidelands Resource Council,
the agency that reviews applications for tidelands conveyances, to issue only
licenses in order to maintain State ownership of tidelands. Licenses are for
renewable 10-year periods.

The riparian status of Tippin's Pond is not yet decided.

For more information contact:

Bureau of Tidelands
CN 401
Trenton, NJ
(609) 292-2573

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Stream Encroachment Permit

A Stream Encroachment Permit is required for any construction within the
100 year floodplain of any stream or river. All of Fish House Cove is in the 100
year floodplain and thus recreational facilities there would require a Stream
Encroachment Permit.

For more information contact:

Division of Water Resources
CN 029
Trenton, NJ 08625
(609) 292-2373

Delaware River Basin Commission Approvals

The Delaware River Basin Commission is an interstate agency with responsi-
bilities involving water utilization and conservation on lands drained by the
Delaware River and tributaries within New Jersey, Pennsylvania, Delaware, and
New York. An approval must be obtained prior to all public and private projects
that may affect water resour ces in these regions. The Commission has also
established minimum restrictions for development along. non-tidal streams in the
four-state basin. For more information contact:

Delaware River Basin Commission
25 State Police Drive
Box 7360
West Trenton, NJ 08628

Section 10 and Section 404 Permits

The U.S. Army Corps of Engineers requires a federal permit for any
construction in navigable waters (section 10 of the Rivers and Harbors Act of 1899)
or any filling or spoil disposal activities in navigable waters (section 404 of the
Clean Water Act). If both permits are necessary for the same development, the
Corps issues a single permit, citing the authority of both acts. It should be noted
that under section 404 of the Clean Water Act, the Corps has recently extended

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significantly their definition of navigable waters to include new water areas and
wetlands that were not previously incorporated. For more information contact:

U.S. Army Corps of Engineers
Philadelphia District, Permits Branch
Second and Chestnut Streets
Philadelphia, PA 19106 (215) 597-2812

REFERENCES

Camden County, 1972. Comprehensive Plan for Camden Cou nty G sheet with map
and plan element descriptions).

Delaware Valley Regional Planning Commission, 1979 (October). The Year 2000
Land Use and Open Space Plan (map with descriptive legend).

New Jersey Department of Environmental Protection, 1980 (August). New Jersey
Coastal Management Program.

New Jersey Department of Labor and Industry, 1979 (March). Directory of State
Programs for Regulating Construction.

Township of Pennsauken, 1971. Master Plan: Report Number VI. Wheelwright,
Stevenson & Langran, Planning Consultants.

Township of Pennsauken, 1981. Development Regulations, Chapter 126 from the
Code of the Township of Pennsauken. General Code Publishers Corporation,
Spencer Port, New York.

U.S. Army Corps of Engineers, 1979 (June). Delaware River Dredging Disposal
Study: Stage I Reconnaissance Report.

U.S. Fish and Wildlife Service, 1977. National Wetlands Inventory overlay to
Camden quadrangle (Department of Interior).

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APPENDIX B. FUTURE FUNDING FOR LAND ACQUISITIONS
AND RECREATIONAL DEVELOPMENT OF

TIPPIN'S POND AND FISH HOUSE COVE

INTRODUCTION

Pennsauken Township is planning for the preservation and recreational use of
Fish House Cove and Tippin's Pond and will seek funding sources for land
acquisition, final facility design, and development to implement these plans. As
part of its work with Pennsauken Township, Rogers, Golden & Halpern has reviewed
potential funding sources to which the township might apply. One conclusion is
straightforward. Many federal and state programs whose purpose or eligibility
requirements closely match the Township's plans foe the two sites have either been
eliminated or are undergoing revisions and are not currently active, having fallen
victim to the overall federal budget reductions that occurred in 1991. The major
exceptions to this trend are the continued availability of grant monies from New
Jersey's Green Acres Program, administered by the Department of Environmental
Protection, the recent release of CEIP monies to the New Jersey Department of
Energy, HUD grant programs, and a U.S. Department of Agriculture grant program.
The various grant programs that were examined are presented in Table 1. These
include:

o New Jersey Green Acres Program
o Coastal Energy Impact Program (CEIP)
o Community Development Block Grant and Urban Development Action
Grant Programs
o Resource Conservation and Development Program
o Maritime Preservation Grants Program
o Urban Park and Recreation Recovery Program
o EPA/NJ grants for restoring publicly owned fresh water lakes

Table 1. Summary of Grant Programs for Public Recreational Projects

NEW JERSEY GREEN ACRES PROGRAM

Purpose To increase the public use and enjoyment of perma-
nent outdoor recreational areas. Funding includes site
design, land and development of recreation and open
space projects.

Matching requirements State: .50%
Local: 50%. Local share can come from many other
sources of funding.

Application deadline March 31, 1982

Status Active

Contact Dennis Davidson
Land and Water Conservation Fund and Green Acres
Program
N.J. Department of Environmental Protection
P.O. Box 1380
Trenton, NJ 08625 (609) 292-'2752

COASTAL ENERGY IMPACT-FORMULA GRANTS

Purpose To prevent or reduce loss of waterfront land uses if
impacted by coastal energy facility

Matching requirements 100% Federal grant

Application deadline Early 1982

Status Active

Contact Geraldine Fenner-McNulty
CEIP Project Planner
New Jersey Department of Energy
101 Commerce St.
Newark, NJ 07102 (201) 648-3440

COMMUNITY DEVELOPMENT BLOCK GRANT AND
URBAN DEVELOPMENT ACTION GRANT PROGRAM

Purpose To aid in the elimination of slums or blight and address
urgent needs of recent origin for the principal benefit
of low and moderate income persons

Matching requirements 100% Federal grant

Table I (Continued)

Application deadline January 5, 1982 for special projects
February I for municipally sponsored projects

Current status Pennsauken Townhsip recently joined a consortium of
Camden County municipalities as an entitlement area.
The consortium decides upon the distribution of grant
monies among its members.

Contact Mr. Bruce Frankel
Director
Camden Co. Community Development Program
(609) 757-6747

RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM

Purpose To provide technical and financial assistance to local
groups for planning and development of a variety of
resource conservation and utilization projects includ-
ing water based recreation wildlife preservation, flood
prevention, land drainage, and forestry product de-
velopment.

Matching requirements 50% Federal
50% State or local

Application deadline Open: Councir meets once a month to review project
applications. Project priority for funding is set in
September of each year.

Current status Active

Contact Mr. Tony Dore
Project Coordinator
South Jersey Resource Conservation and Development
Program
OCKAP Building
Hammonton, NJ 08037
(609) 561-3223

MARITIME PRESERVATION GRANTS PROGRAM

Purpose To assist and encourage the acquisition, protection
restoration, preservation, reproduction and exhibition
of vessels, artifacts, collections, structures and water
related sites of significance in the maritime history of
America

To perpetuate the skills associated with all types of
water borne craft

To focus attention on all aspects of America's mari-
time heritage
61

Table I (Continued)

Matching requirements 50% matching of grant monies must be met by appli-
cant. Although the matching share is usually cash,
services may be counted if f rom sources outside the
applicant organization. Federal monies may not be
used as a match.

Application deadline Not yet set

Current status Uncertain. Program decisions for 1982 will be made
early in 1982.

Contact Director, Maritime Preservation
National Trust for Historic Preservation
740-748 Jackson Place, N.W.
Washington, D.C. 70006 (202) 673-4000

THE URBAN PARK AND RECREATION RECOVERY PROGRAM

Purpose To rehabilitate existing indoor and outdoor recreation
f acilities

To demonstrate innovative ways to enhance park and
recreational opportunities at the neighborhood level

To develop local Recovery Action Programs that iden-
tify community heads, objectives, action priorities and
strategies for revitalization of the total, public and
i)rivate, recreation system

Matching requirements Rehabilitation grants
70% Federal
30% local
Innovation grants
70% Federal
30% local
Recovery Action Programs
50% Federal
50% local

Note: A Recovery Action Program is required for
participation in the grant program.

Application deadline

Current status Only grants available are for extensions of Innovation
Grants by current grant recipients.

Contact National Park Service
State Programs
(202)2 72-3660

Table I (Continued)

GRANTS FOR RESTORING PUBLICLY OWNED FRESHWATER LAKES

Purpose To restore publicly owned freshwater lakes for recrea-
tional use by the public

Phase 1, "Diagnostic Feasibility" studies - for back-
ground data gathering and planning purposes

Phase 11, Implementation
Matching requirements Phase I:
Federal 70%
State (Green Acres) 15%
local 15%
Phase II:
Federal 50%
State (Green Acres) 40%
local 10%

Application deadline

Current status Program terminated by ERA

Contact Lakes Management Coordinator
New Jersey Department of Environmental Protection
Division of Water Resources
P.O. Box CN-029
Trenton, NJ 08625 (609) 292-2203

DISCUSSION

In the sections that follow we will describe in more detail the first four grant
programs listed in Table 1.

Green Acres Program

The Green Acres Grant Program for New Jersey was established in 1974 to
increase the public use and enjoyment of permanent outdoor recreational areas.
This program is implemented by state funds that are available to selected
qualifying projects in New Jersey municipalities and counties for the development
of outdoor recreational facilities (Development Grants) and for the acquisition of
open space lands (Acquisition Grants). Local assistance matching grants under both
programs are made in amounts up to 50% of the total allowable project cost. The
applicant mav draw upon a wide variety of financial sources for its 50% matching
share, including private agency, group or foundation, state or federal programs, or
local public sources.

The Green Acres funding cycle works on the following schedule:

October - DEP solicits program interest from counties and municipalities.

March - Local units inform DEP of their potential interest for the coming
year by March 31. The municipality has one year to submit all
application based on submission of the Program Participation
Interest form.

April - DEP develops program priority lists and funding schedule for
applications received during the previous year.

The specific procedure to be followed in applying for a Green Acres Develop-
ment Grant are given below:

1. Letter of Intent. In the year ending March 31 following submission of the
Program Participation Interest form, the local unit should submit a letter
of intent to Green Acres for each project. This letter should include
� narrative description of the project
o estimated cost breakdown
� preliminary site plan
� letters of support, photographs, endorsements and other pertinent
information to support letter of intent

2. Public Hearing. The local unit must, hold a public hearing, properly
advertised, that deals specifically with the proposed project. A summary
of the hearing must accompany the project application.

3. Pre-application meeting. An informal meeting between Green Acres staff
and the applicant is held to exchange information on the project and for
the Green Acres staff to answer questions on the program and application
procedures and to make specific recommendations for the application to
f ollow.

4. Formal Application. Based on the information obtained at the preapplica-
tion meeting, the applicant submits the following documents that together
comprise the Application for a Green Acres Development grant:

o Development grant application
o Enabling resolution
o Engineer's cost estimate
o Proposed development analysis
o Recreation and open space inventory and map.
o Narrative description
o Assessment of Environmental Impact

o Park ordinance
o Tax map referencing the site(s) to be developed
o Graphic illustration
o Site plan
o Floor plans of any buildings to be built

o Fee schedule
o Twenty five year lease
o Photographs of site
o Estimate of annual operating expenses

Green Acres staff reviews the application for completion and presents it to
the Commissioner of DEP for project reviews and decision. Upon approval, DEP
and the local unit enter into a contractual agreement that specifies the grant
amount, the project scope and its time period. The state makes payment to the
local unit af ter the local unit documents the completion of the project or a
discrete phase of the project.

More detailed information, on which this description is based, may be found
in the Green Acres Procedural Guide.

Coastal Energy Impact Program

Coastal Energy Impact Program (CEIP) funds derived from outer continental
shelf (OCS) leases for oil and gas development were recently released to New
Jersey based on the outcome of OCS boundary delineation between New Jersey,
New York, and Delaware. These funds are available to any local government unit
in New Jersey for qualifying projects to offset the negative impacts of energy
related facility development in the coastal zone and can include land acquisition
for the restoration of recreational opportunities.

According to NJ Department of Energy officials, the CEIP grant review
committee may meet as early as January of 1982 to review project applications
and may award grants in March. A preapplication can be submitted now that
describes the project purpose, intergovernmental coordination (local, county) and
the status and approximate cost of any lands to be acquired with grant monies.
The local unit can request that it be allowed to give a presentation before the
review committee.

HUD Block and Action Grant Programs

Camden County Community Development Program is currently holding
preapplication hearings for projects for community improvements in low and
moderate income areas of consortium municipalities. Local projects competing for
funds must meet the criteria of need and of location in a low and moderate income
area. There are two categories of grants: one is distributed by the consortium
directly; the other is distributed by.several special groups in the county. Applica-
tion deadlines are February 1, 1982 for the former and January 1, 1982 for the
latter.

Resource Conservation and Development Program

Although this grant program takes several years to mature for a successful
project, it is one that fits the purpose of Pennsauken's plans for Fish House Cove
and Tippin's Pond. Applications can be made at any time through the local Soil
Conservation District. Local support weighs heavily in project success. Projects
are reviewed by the RC&D Council for South Jersey and funding priorities are set
in September of each year. The Council is-made up of the Freeholder from each of
the South Jersey Counties (Freeholder Roberts represents, Camden County) and one
representative from each of the eight Soil Conservation Districts. Bef ore a
development project is funded, a Measure Plan must be drawn up and approved.
This plan includes the presentation of several alternatives and selection of one by
the community based on public meetings. Technical assistance from USDA
scientists is available in producing an acceptable Measure Plan.

COURSE OF ACTION FOR PENNSAUKEN TOWNSHIP

It is recommended that Pennsauken Township vigorously pursue in the
immediate future an application for a CEIP grant toward fee simple purchase or
lesser interest of a select number of key properties adjacent to parcels now owned
by the Township or by the State of New Jersey in and around Fish House Cove and
Tippin's Pond. Concurrently, the Township should begin the application process for
a Green Acres Development Grant and apply the CEIP grant, if received, as its

matching share. It should be clarified at the outset whether local funds applied to
land acquisition qualify as the matching share for Development Grants.

At the same time the Green Acres and CEIP grants are being pursued, the
township should also quickly investigate the Camden County Community Develop-
ment Program'S HUD Block and Action Grants for which applications are due
January 4 and February 1, 1982. Furthermore, as a contingency move, the
township should also begin application for a Resource Conservation and Develop-
ment Program grant through the local Soil Conservation District.

REFERENCES

National Oceanic and Atmospheric Administration, 1980. Improving your water@
front: a practical guide. Office of Coastal Zone Management, U.S. Department of
Commerce.

U.S. Department of Housing and Urban Development, 1980. Departmental Pro-
grams.

New Jersey Department of Environmental Protection, undated. Green Acres
Procedural Guide: Local Assistance Program.

APPENDIX C. DEFINITION5, POLICIE5, AND RATIONALE FOR
5PECIAL AREA5 IN THE NEW JER5EY COA5TAL REGION WDEP, 1980)

7:7E-3.4 Prime Fishing Areas

(a) Definition

Prime Fishing Areas include tidal water areas and water's edge areas
which have a demonstrable history of supporting a significant local
quantity of recreational or commercial fishing activity. The area
includes all -coastal jetties and groins and public fishing piers or
docks. Prime Fishing Areas also include all red line delineated features
!ithin the State of New Jersey's three mile territorial sea illustrated
in: B.L. Freeman and L.A. Walford (1974) Angler's Guide to the United
States Atlantic Coast Fish, Fishing Grounds and Fishing Facilities,
Section III and IV. While this information source applies only to the
Delaware Bay and Atlantic Ocean shorefronts, prime fishing areas do occur
throughout the coastal zone.

(b) Policy'

Permissible uses of Prime Fishing Areas include recreational and commer-
cial finfishing and shellfishing, as presently regulated by NJDEP Divi-
sion of Fish, Game, and Wildlife, scuba diving and other water related
recreational activities.

Prohibited uses include sand or gravel submarine mining which would alter
existing bathymetry to a significant degree so as to reduce the high
fishery productivity of these areas. Disposal of domestic or industrial
wastes must meet applicable State and federal effluent limitations and
water quality standards.

Natural bathymetric features, such as the Shrewsbury Rocks and important
sand ridges, and artificial structures act as congregation areas for many
species of finfish, shellfish, and a diversity of invertebrate species
which are essential to marine ecosystem functioning. These areas are
heavily utilized by recreational and commercial fishermen. Commer-
cial fishing occurs primarily along the Delaware Bay and Atlantic Ocean.
Over 2.7 million people annually participate in marine sport fishing and
shellfishing in New Jersey. This represents the highest number of
participants in any state, from Maine to Maryland. Of that total, 1.6
million reside in New Jersey, with the remaining number coming mostly
from Pennsylvania and New York (792,000 and 300,000 respectively.)
The Mid-Atlantic Regional Fisheries Management Council manages fishing
activities seaward of the State's coastal zone.

7:7E-3.5 Finfish Migratory Pathways

(a) Definition

Waterways (rivers, streams, creeks, bays inlets) which can be demon-
strated to serve as passageways for diadromous fish to or from seasonal
spawning areas, including juvenile anadromous fish which migrate in
autumn and those listed by H. E. Zich (1977) "New Jersey Anadromous Fish
Inventory" NJDEP Miscellaneous Report No. 41, and including those por-
tions of the Hudson and Delaware Rivers within the coastal zone boundary
are defined as Finfish Migratory Pathways. Species of concern include:
alewife (river herring) (Alosa pseudoharen us), blueback herring (Alosa
aestivalis), American shad (ilosa sapidissima), striped bass (Morone
saxatilis), and American eel.

(b) Policy

Development, such as dams, dikes, spillways and intake pipes, which
creates a physical barrier to the movement of fish along finfish migra-
tory pathways is prohibited, unless acceptable mitigating measures
such as fish ladders, erosion control, or oxygenation are used. Develop-
ment which lowers water quality to such an extent as to interfere
with the movement of fish along finfish migratory pathways or to violate
State and Delaware River Basin Commission water quality standards is
prohibited.

Mitigating measures are required for any development which would result
in: lowering dissolved oxygen levels, releasing toxic chemicals, raising
ambient water temperature, impinging or suffocating fish, causing silta-
tion, or raising turbidity levels-during migration periods.

Water's edge development which incorporates migration access structures,
such as functioning fish ladders, will be conditionally acceptable,
provided that the NJDEP, Division of Fish, Game, and Wildlife approves
the design of the access structure.

Striped bass are one of New Jersey's most prized sport fish and are
actively sought wherever they occur in New Jersey. This species spawns
in the Delaware, Hudson and Maurice Rivers. American Shad, once much
more numerous and formerly an important commercial species, continue to
make an annual spawning run in the Delaware and Hudson Rivers, where
there is an active sport fishery. A much reduced commercial fishery
exists in the Delaware Bay and River. Herrings are important forage
species and spawn annually in many of New Jersey's tidal tributaries
including the Raritan and Hackensack Rivers. Herrings are fished during
spring runs, for direct human consumption, garden fertilizer and for use
as bait.

7:7E-3.7 Navigation Channels

.(a) Definition

Navigation channels include water areas in tidal rivers and bays pre
sently maintained by DEP or the Army Corps of Engineers and marked by
U.S. Coast Guard with buoys or stakes, as shown on NOAA/National Ocean
Survey Charts: 1221419 12304, 12311, 12312, 12313, 12314, 12316, 12317,
123181 12323) 12324S 12326, 12327, 12328, 12330, 12331, 12332, 12333,
12334, 12335, 12337, 12341, 12343, 12345, 12346, and 12363. Navigation
channels also include channels marked with buoys, dolphins, and stakes,
and maintained by the State of New Jersey, and access channels and
anchorages. Navigation channels are approximately parallel to the river
bed. Access channels are spurs that connect a main navigation channel to
a terminal. Anchorages are locations where vessels moor within water at
or near the water's edge for the purpose of transferring cargo, or
awaiting high tide, better weather, or fuel and terminal availability.

(b) Policy

New or maintenance dredging of existing navigation channels, is condi-
tionally acceptable providing that the condition under the new or main-
tenance dredging policy is met (see Section 7:7E-4.10(e) and (M.
Development which would cause terrestrial soil and shoreline erosion and
siitation in navigation channels shall utilize appropriate mitigation
measures. Development which would result in loss of navigability is
prohibited.

Navigation channels are essential for commercial and recreational surface
water transportation, especially in New Jersey's back bays where water
depths are very shallow. Channels play an important - ecological role
in providing. estuarine circulation and flushing routes, and migration
pathways and wintering and feeding habitat for a wide diversity of
finfish, shellfish, and waterfowl.

Navigational channels, access channels and anchorages form a network of
areas that have a depth sufficient to enable marine trade to operate at
the limiting depth of the channel. If one part of the system is not
maintained, the entire system might be unable to function.

1:7E-3.12 Submerged Infrastructure Routes

(a) Definition

A submerged infrastructure route is the corridor in which a pipe or cable
runs on or below a submerged land surface.

(b) Policy

Any activity which would increase the likelihood of infrastructure damage
or breakage, or interfere with maintenance operations is prohibited.

Submerged infrastructure routes are a large capital investment and much
depends on the safe functioning of the infrastructure. Both human and
natural systems suffer from accidental breakage, especially of large oil
or gas pipelines. Activities which increase hazard for submerged infra-
structure must therefore be excluded.

7:7E-3.16 Intertidal Flats

(a) Definition

Intertidal Flats are extensive areas between the mean high water line
and mean low water line along tidal bayshores. Intertidal flats are
found along Delaware Bay in Cape May County and in other tidal bayshores.

(b) Policies

(1) Development, filling, new dredging or other disturbance of int er-
tidal flats is discouraged.

(2) Submerged infrastructure is conditionally acceptable, provided that
U) there is no feasible alternative route that would not disturb
intertidal flats, (ii) the infrastructure is buried deeply enough to
avoid exposure or hazard, and (iii) all trenches are backfilled
with naturally oc-curring sediment.

Intertidal flats play a critical role in estuarine ecosystems. They
are a land-water ecotone, or ecological edge where many material and
energy exchanges between land and water take place. They are critical
habitats for many benthic organisms and are critical forage areas for
many migrant waterfowl. The sediments laid down in intertidal flats
contain much organic detritus from decaying land and water's edge vegeta-
tion, and the food webs in these areas are an important link in the
maintenance of estuarine productivity. Preservation is, therefore, the
intent of these policies, with limited exceptions to allow for needed
water-dependent uses and submerged infrastructure.

7:7E-3.17 Filled Water's Edge

(a) Definition

Filled Water's Edge areas are existing filled areas lying between
Wetlands or Water Areas, and either: (1) the upland limit of fill, or
(2) the first public road or railroad landward of the adjacent Water
Area, whichever is closer to the water. Some existing or former dredge
spoil and excavation fill areas are Filled Water's Edge Area.

(b) Policies

(1) Water dependent (see section 7:7E-1.6(c) for definition) uses
are acceptable in the Filled Waters' Edge.

(2) Non-water dependent development in the Filled Water's Edge is
conditionally acceptable provided (a) it would not preempt use of
the waterfront portion -of the Filled Water's Edge for potential
water dependent uses, and '(b) it would not prevent public access
along the water's edge.

Filled Water's Edge areas are of less environmental concern than undis-
turbed water's edge areas. The buffering functions of the water's edge
have already been largely lost through excavation, filling and the
construction of retaining structures. it is acceptable to allow certain
kinds of development up to the limit of fill. Because the waterfront is
a scarce resource, it is desirable to limit waterfront development in
these areas to uses that are water dependent unless, because of their
location, they do not have the potential to attract water dependent
uses.

7:7E-3.19 Natural Waterls Edge-Floodplains

(a) Definition

Natural Water's Edge-Floodplains are the Flood Hazard Areas around
rivers, creeks and streams as delineated by DEP under the Flood Hazard-
Area Control Act (N.J.S.A. 58:16A-50), or by the Federal Emergency
Management Agency (FEMA); or the Flood Hazard Area around other coastal
water bodies as defined *by,.FEMA. Floodplains include the areas subject
to both tidal and fluvial flooding. Where Flood Hazard Areas have been
delineated by both DEP and FEMA, the DEP delineations shall be used.
Where Flood Hazard Areas have been delineated by neither DEP nor FEMA,
the 10-foot contour line shall be used as the inland boundary of the
Floodplain. The seaward boundary shall be the mean high water line.

The Natural Water's Edge-Floodplain policy shall not apply on Barrier
Islands, Spits or Headlands nor in portions of a Floodplain which meet
the definiLion of another Special Water's Edge type (Filled Water's
Edge, Existing Lagoon Edge, Alluvial Flood Margins, Beach and Dune
Systems, Central Barrier Island Corridor, Wetlands, Cranberry Bogs, Wet
Borrow Pit Margins, Coastal Bluffs,, Intermittent Stream Corridors).
A complete list of streams where DEP has delineated the Flood Hazard Area
can be found at N.J.A.C. 7:13-1.11 et seq.

The U.S. Army Corps of-Engineers has delineated the tidal Floodplain for
FEMA in most Coastal Zone municipalities. The geographic extent of the
tidal flood hazard areas are indicated on USGS topographic maps at a
scale of 1:24,000 as "flood prone"4areas.

(b) Prolicies
1. Development is 'prohibited in .the Natural Water's Edge-Floodplains
within 100 feet of a navigable water body, unless the use is water
dependent. NOTE: "Navigable" and "water dependent" are-defined at
7:7E-1.6(c).

2. Development elsewhere in the Natural Water's Edge-Floodplains is'
discouraged unless:

(i) it has no feasible alternate site, and

(ii) it would not preempt use of the waterfront portion of the
Floodplain for potential water dependent use.

3. Development must be consistent with all other coastal policies,
in particular the performance standards found in the Flood Hazard
Area Resource Policy (7:7E-8.23). -

4. Detention basins are prohibited in river floodplains.

The goal of this policy is to reduce losses of life and property result-
ing ,from unwise development of floodplains, but to allow uses compatible
with periodic flooding -- agriculture and forestry, recreation, and fish
and wildlife habitat -- and uses which require a Water's Edge location.
This policy is consistent with national objectives as expressed in the
President's Executive Order 11988 on Floodplain Management. It is also
consistent with the State waterfront Development Law's objective of
safeguarding port facilities and waterfront resources for the public's
overall economic advantage. The policy will ensure that the State's
waterfront is not pre-@-empted by uses which could function equally well at
inland locations.

River Floodplains are subject to flooding in severe fluvial storms.
They are also critical elements of the coastal ecosystem, providing
flood storage capacity, physical and biochemical water filtration,
primary productivity and wildlife habitats.

For these reasons, the preferred policy is to preserve these corridors
in their natural state with native adapted forest vegetation, allowing
limited exceptions for water dependent uses and uses for which there is
no feasible alternate location.

7:7E-3.20 Alluvial Flood Margins

-(a) Definition

Alluvial Flood Margins are mainland areas adjacent to, and upland from,
Floodplains. They extend inland to the limit of alluvial soils with a
seasonal high water table equal to, or less than, one foot. Alluvial
soils are those developing in recent sediment deposited by surface water
and exhibiting essentially no modification of the deposited materials.

NOTE: Where an Alluvial Flood Margin is also an Intermittent Stream
Corridor, only the Intermittent Stream Corridor Policies (Section 7:7E-
3.27) shall apply.

(b) Policy

1 Wildlife refuge and low intensity recreational use is encouraged.

2. Development is discouraged in Alluvial Flood Margins unless no
feasible alternative site exists, or it is a landward extension
of a water dependent use.

Alluvial flood margins are parts of floodplains. Although above the 100
year flood level, they have been deposited by flood waters and do provide
flood storage capability in the severest storms. If left undisturbed
they contribute to the critical water quality buffering and wildlife
habitat functions of floodplains and provide some primary productivity to
estuaries through nutrients flushed to adjacent bays, rivers or streams.
The high water table and compressiblility of these areas make them costly
for development. Conservation is the preferred use.

7:7E-3i2l Beaches

(a) Definition

Beaches are gently sloping unvegetated areas of sand or other unconsoii-
dated material that extend landward from the mean high water line to
either: (1) the vege-tation line, (2) a man-made feature generally
parallel to the ocean, inlet, or bay waters such as a retaining struc-
ture, seawall, bulkhead, road or boardwalk, except that sandy areas that
extend fully under and landward of an elevated boardwalk are considered
to be beach areas, or (3) the seaward or bayward foot of dunes, whichever
is closest to the bay, inlet or ocean waters. -See Figure 16.

(b) Policies

1. Development is prohibited on beaches, except for development that
has no prudent or feasible alternative in an area other than a
beach, and that will not cause significant adverse long-term impacts
on the natural functioning of the beach and dune system, either
individually or in combination with other existing or proposed
structures, land disturbances or.activities. Examples of acceptable
activities are:

(i) Demolition and removal of paving and structures,

(ii) Dune creation and related sand fencing and planting of v egeta-
tion for dune stabilization,

(iii) The reconstruction of existing amusement and f ishing piers
and boardwalks,

(iv) Temporary recreation structures for public safety such as first
aid and lifeguard stations,

(v) Shore Protection Structures which meet the Use conditions of
Section 7:7E-7.11(e), and

(vi) Linear development which meets the Policy on Location of Linear
Development (7:7E-6.1.).

2. Public access to beaches is encouraged. Coastal development that
unreasonably restricts public access to beaches is prohibited.

Undeveloped beaches are vital to the New Jersey resort economy. Unre-
stricted access for recreational purposes is desirable so that the beaches
can be enjoyed by all residents and visitors of the state. Public access
will be required for any beaches obtaining state funds for shore protec-
tion purposes. Beaches are subject to coastal storms and erosion from
offshore currents. Public health and safety considerations require that
structures be excluded from beaches to prevent or minimize loss of life or
property from storms and floods, except for some shore protection struc-
tures and linear facilities, such as pipelines, when nonbeach locations

7:7E-3.26 Wetlands

(a) Definition

Wetlands are areas where the substrate is inundated or saturated by
surface or groundwater water at a frequency and duration sufficient to
support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions
which are subject to the Wetlands Act, or the Coastal"Area Facility
Review Act (CAFRA) or the Waterfront Development Law.

Wetlands regulated under the Wet lands Act of 1970 are delineated at a
scale of 1:2.400 on official maps as listed at N.J.A.C. 7:7A-1.13. All
coastal wetlands situated in the Raritan Basin, south along the Atlantic
Ocean and north along Delaware Bay and River are subject to -the Wetlands
Act.

Under CAFRA, DEP regulates freshwater wetlands and forested wetlands such
as white cedars on sites propbsed for the major developments requiring a
CAFRA permit.

Generalized location maps of White Cedar Stands and other woody wetlands
can be found in J. McCormick and L. Jones, The Pine Barrens Vegetation
(1973), and forest type maps within DEP's Bureau of Forestry, and, in
some areas, in the vegetation maps prepared by the N.J. Pinelands Commis-
sion for the Comprehensive Management Plan.

The Waterfront Development Law regulates all wetlands north of the
Raritan Basin, except for areas within the Hackensack Meadowlands
District not now or formerly flowed by the tides, and all coastal wet-
lands in the Delaware River Basin and Raritan River Basin not regulated
under the Wetlands Act.
Generalized locations of both coastal and inland Wetlands can be found at
a scale of 1:24,000 on maps produced for the National Wetlands Inventory
by the U.S. Fish and Wildlife Service.

Generalized locations of some wetland types can be found in county soil
surveys prepared by the U.S. Department of Agriculture, Soil Conservation
Service.

(b) Policy

(1) In general, development of all kinds is prohibited in wetlands*,
unless DEP can find that the proposed development meets the fol-
lowing four conditions (see also N.J.A.C. 7:7A-1.5 and 1.7):

M Requires water access or is water oriented as a central
purpose of the basic function of the activity (this policy
applies only to development proposed on or adjacent to water-
ways),

NOTE: This means that the use must be water dependent as
defined in Section 7:7E-1.6(c)8.

(ii) Has no pru dent or feasible alternative on a non-wetland
site,

(iii) Will result in minimum feasible alteration or impairment of
natural tidal circulation (or natural circulation in the case
of non-tidal wetlands), and

(iV) will resu It in minimum feasible alteration or impairment of
natural contour or the natural vegetation of the wetlands.

(2) In particular, du mping solid or liquid wastes and applying or
storing certain pesticides on wetlands are prohibited.

(3) Both the restoration o f degraded wetlands as a mitigation measure
for certain types of approved wetlands development and the creation
of new wetlands in non-sensitive areas are encouraged. The Division
of Coastal Resources previously has required restoration of
temporarily disturbed wetlands and will continue to do so on a
-case-by-case basis.

(4) Under the Wetlands Act, the activities of DEP, the Tidelands
Resource Council, th@ State Mosquito Control Commission and county
mosquito control commissions are exempted from the coastal wetlands
policies within mapped coastal wetlands. Voluntary administrative
compliance with the regulations adopted by DEP under to the Act is
not, however, precluded.

(5) Development that adversely affects white cedar stands is prohibited.

The environmental values, and fragility of coastal wetlands have been
officially recognized in New Jersey since the passage of.the Wetlands Act
of 1970 (N.J.S.A. 13:9A-1 et seq.) Coastal wetlands are the most envi-
ronmentally valuable land areas within the coastal zone.

Coastal wetlands contribute to the physical stability of the coastal zone
by serving as: M a transitional area between the forces of the open
sea and upland areas that absorb and dissipate wind-driven storm waves
and storm surges, (ii) a flood water storage area, and, (iii) a sediment
and pollution trap.

Also, wetlands naturally perform the wastewater treatment process of
removing phosphorous and nitrogenous water pollutants, unless the wet-
lands are stressed.

The biological productivity of New Jersey's coastal wetlands is enormous
and critical to the function of estuarine and marine ecosystems. The
emergent cord grasses and associated algal mats convert inorganic
nutrients into organic plant material through the process of photo-
synthesis. In this way, the primary base for estuarine and marine food
webs is provided. The principal direct dietary beneficiaries of organic
wetland detritus are bacteria and protozoan, which are in turn fed upon
by larger invertebrates. Important finfish, shell-fish, waterfowl, and
other resources feed upon these invertebrates. New Jersey's Coastal
Wetlands are prime wintering habitat annually for hundreds of thousands
of migratory waterfowl. Approximately two-thirds of marine finfish and
shellfish are known to be estuarine, and, therefore ' wetlands-dependent.

such as bogs n importan
Inland herbaceous wetlands, 1. play a t role in
regulating the quality of water in streams that flow to the estuaries.
They retard runoff and store storm waters. They are important areas of
primary productivity for estuarine systems. They are critical habitats
for several species of plants and animals that are endangered or
threatened. They are productive habitats for other game and non-game
animals, such as deer. These wetlands also serve as fire breaks, and may
limit the spread of forest, brush, or grass fires. They are inappro-
priate development sites due to poor drainage and load bearing capacity
of the underlying soils.

Forested Wetlands play a critical role in coastal ecosystems. Roots and
trunks stabilize shorelines and trap sediment. They are physical and
biochemical water filter areas maintaining tidal stream water quality.
They are critical habitats, breeding areas and movement corridors for
many coastal species including rare and endangered species. High pro-
ductivity, high water availability and high edge to area ratio make these
areas especially productive wildlife areas.

White cedar stands, as well as other lowland swamp forests, play an
important role in purifying water in coastal streams, retarding runoff,
providing scenic value, and serving as a rich habitat for many and
endangered plant and animal species, as well as game species, such as
deer. White cedars also act as forest fire breaks. White cedar stands
most commonly occur in flood plains and in the fringe areas of drainage
ways and bogs, which are frequently underlain with saturated organic peat
deposits. This material is particularly unsuited for development u .nless
highly altered.

White cedar is New Jersey's most valuable timber species -and grows in
discrete stands. The wood has a long tradition of maritime and local
craft uses. Unfortunately, white cedars have been eliminated from much
of their previous range in New Jersey.

7:7E-3.27 Wetlands Buffer

(a) Definition

All land within 300 feet of Wetlands as defined in N.J.A.C. 7:7E-
3.26 and within the drainage area of those Wetlands comprises an area
within which the need for a Wetlands Buffer shall be determined.

(b) Policy

Development is prohibited in a Wetlands Buffer unless it can be demon-
strated that the proposed development will not have a significant
adverse impact and will cause minimum feasible adverse impact, through
the use of mitigation where appropriate (1) on the Wetlands, and (2) on
the natural ecotone between the Wetlands and the surrounding upland. The
precise geographic extent of the required actual Wetlands Buffer on a
specific site shall be determined on a case-by-case basis using these
standards.

(.c) Rationale

Development adjacent to Wetlands can adversely affect the Wetlands
through increased runoff, sedimentation, and introduction of pollutants.

The coastal zone includes a diversity of types of wetlands, of varying
widths, quality, and importance to the ecosystem, from large forested
freshwater wetlands, to narrow strips of coastal wetlands. For this
reason, the appropriate buffer necessary to protect the wetlands adjacent
to proposed land disturbances must be determined on a case-by-case basis,
but using a standard that requires no significant impact on, and minimum
feasible disturbance to, the wetlands.

The preservation of a trans'itional area of native vegetation in the
portion of the Wetlands Buffer adjacent to a Wetlands and the construc-
tion of detention basins or berms if necessary to control runoff, could
mitigate -impacts and make development permissible in the remainder of the
Wetlands Buffer.

Buffers that support stands of native vegetation perform the following
ecological and physical functions:

W Stabilization of soil and prevention of erosion,

(ii) Filtration of suspended solids (silt) to prevent their deposition
on wetlands. Siltation onto wetlands can lead to undesirable
changes in vegetation, e.g. from cord grass (Spartina) to reeds
(Phragmites), which contribute less to the estuarine and marine food
chain.

(iii) Water turbidity control,

(iv) Inhibition of pollutant introduction into wetlands soil, water and
food chains. Without Wetlands Buffers, "urban" runoff from adjacent
housing will almost always cause an increase in contaminants, such
as coliform, following rain,

(v) Storm water storage,

(vi) Formation of a barrier to floating debris,

(vii) Contribution to estuarine productivity, especially if the buffer
is a forested floodplain. X
As transition areas between differing ''vegetation communities (habitat
areas), appropriately vegetated Wetlands Buffers function 'as ecotones,
supporting species diversity and use, and serving as wildlife movement
corridors.

Wetlands Buffers are used as lookout perches for raptors; nesting sites
for Marsh Hawks, Black Crowned Night Heron, and Osprey; fall migration
foraging stopovers for birds, including Woodcock; nesting sites for Wood
Ducks, Black Ducks, and Mallards; and forage routes into and out of
Wetlands for Raccoons, Mink, Muskrat, Fox, Deer, and others. Grassy
wetlands edges serve as feeding sites for Wilson's Snipe, Ruffled Grouse,
Quail and song birds.

7:7E-3.33 Steep SloRes

(a) Definition

Steep slopes are areas with slopes greater than 15 percent, which
are not coastal bluffs (7:7E-3.30).

(b) Policy

Development on steep slopes greater than 15% is prohibited, unless
the regrading of a very small part of a site (typically, less than 5%)
is,essential to the overall landscaping plan for the site, in which case
the grading shall be done to less than a 102 slope.

Man-made steep slopes above the slope at which the sediments normally
stabilize (angle of repose) shall either be regraded to a slope at least
20% below the angle of repose, or stabilized and planted with native
woody vegetation.

Only a few Steep Slopes Areas exist in the relatively flat Coastal Plain
of New Jersey. Isolated steep slope areas are found near headwaters of
coastal streams.

Preservation of steep slop es controls soil erosion, protects up-slope

lands, minimizes pollution of surface waters, reduces flooding, preserves
banks of streams and intermittent streams and maintains water flow in
headwaters. When vegetation is stripped, rainfall strikes surface soils
causing soil particle movement through surface water flow and gravity,
which result in increased surface runoff and downstream flooding. When
this silty water enters a surface water body, increased turbidity and
sedimentation usually follow which can cause reduction of productivity
and flood water storage capacity. Aesthetics are also affected when
erosion occurs and topsoil is lost.

Slope maps are available from NJDEP-DCR based on U.S.G.S. Topographic
Quadrangle sheets (1:24,000 scale). These maps show slopes in the
following ranges. 0-2%, 2-5%, 5-10%, 10-15%, and more than 15% in
the coastal plain; and 0-3%, 3-8%, 8-15%, and 15-25% in other parts of
the State.

There are some man-made steep slopes left after such activities as mining
and road grading. If such slopes are above the angle of repose of the
sediments, there is danger of slumping.

7:7E-3.36 Specimen Trees

(a) Definition

Specimen trees are the largest known individual trees of each species in
New Jersey. The DEP-Bureau of Forestry maintains a list of these trees
(see New Jersey Outdoors, Sept embe r-Oc tober 1977 for a listing of speci-
men trees) . In addition'. large trees approaching the diameter of the
known largest tree shall be considered Specimen Trees.

(b) Policy

Development is prohibited that would significantly reduce the amount of
light reaching the crown, alter drainage patterns within the site,
adversely affect the quality of water reaching the site, cause erosion
or deposition of material in or directly adjacent to the site, or other-
wise injure the tree. The site of the tree extends to the outer limit of.
the buffer area necessary to avoid adverse impacts, or 50 feet from the
tree, whichever is greater.

Many interested citizens have assisted DEP, over decades, in locating
specimen trees. This process includes reporting large trees that can be
considered specimens even though they may not be the largest in New
Jersey of a species. Specimen trees are an irreplaceable scientific and
scenic resource. Often,these trees have also been associated with
historical events.

7:7E-3.37 Endangered or Threatened Wildlife or Vegetation Species Habitats

(a) Definition

Land, Water's Edge, or Water Areas known to be the habitat of any wild-
life (fauna) or vegetation (flora) identified as "endangered" or "threat-
ened" species on official federal or state lists of endangered or
threatened species, or under active consideration for state or national
listing, are considered special areas. The definition also includes a
sufficient buffer area to insure continued survival of the species. DEP
intentionally restricts dissemination of data showing the geographic
distribution of these species habitats, in order to protect the habitats.

(b) Policy

Development that would adversely affect the habitats of endangered or
threatened species is prohibited. DEP will review proposals on a case-
by-case basis.

Endangered and threatened species are organisms which are facing possible
extinction in the immediate future due to loss of suitable habitat, and
past overexploitation through human activities or natur'al causes.
Extinction is an irreversible event and represents a loss to both future
human use, education research and to the interrelationship of all living
creatures with the ecosystem.

At present, the official list of endangered wildlife (fauna) species in
New Jersey, available from DEF, Division of Fish, Game and Wildlife (see
N.J.A.C. 7:25-11.1), includes the following species: Shortnose sturgeon,
Blue-spotted salamander, Eastern tiger salamander, Bog turtle, Bald
Eagle, Peregrine Falcon, Osprey, Cooper's Hawk, and Indiana Bat, as well
as various marine mammals and marine reptiles. Additional species have
threatened status. No official state or federal 'list of endangered or
threatened vegetation (flora) species exists, although the Smithsonian
Institution did submit a report to the U.S. Fish and Wildlife Service
in 1975 identifying seventeen species of New Jersey plants for considera-
tion for adoption on federal lists (see 40 FR, No. 1217: 27863-27864,
July 1, 1975). Habitats of species eligible to be on the list are
included in the definition so that the policy will apply to species
identified since.the last promulgations of the official list.

7:7E-3.38 Critical Wildlife Habitats

(a) Definition

Critical Wildlife Habitats are specific areas known to serve an essential
role in maintaining wildlife, particularly in wintering, breeding, and
migrating. Rookeries for colonial nesting birds such as herons, egrets,
ibis, terns, gulls, and skimmets, stopovers for migratory birds, such as
the Cape May Point region, and natural corridors for wildlife movement
merit. a special management approach through designation as a Special

Area. Ecotones, or edges between two types of habitats, are a parti-
cularly valuable Critical Wildlife Habitat. Many Critical Wildlife
Habitats, such as salt marsh water fowl wintering areas, and muskrat
habitats, are singled out as Water or Water's Edge Areas.

Definitions and maps of 'Critical Wildlife Habitats are currently avail-
able only for colonial waterbird habitat in 1979 Aerial Colony Nesting
Waterbird Survey for New Jersey (NJDEP, Division of Fish, Game and
Wildlife). Until additional maps are available, sites will be considered
on a case by case basis by the NJDEP Division of Fish, Game and Wildlife.

(b) Pollcy

Development that would adversely affect Critical Wildlife Hab 'itats is
discouraged, unless: W minimal feasible interference with the habitat
can be demonstrated, (ii) there is no prudent or feasible alternative
location for the development, and (iii) the proposal includes appropriate
mitigation measures. DEP will review proposals on a case by case basis.

(c) Rationale
The State of New Jersey, -as custodian 'of a particular portion of the
national wildlife heritage, has the obligation of stewardship on behalf
of thle people of the state and nation to perpetuate wildlife species
within its borders for the use, education, research, and enjoyment by
future generations.

7:7E-3.39 Public Open Space

(a) Definition

Public Open Space constitutes land areas owned and maintained by state,
federal, county and municipal agencies or non-profit private groups (such
as conservation organizations and homeowner's associations) and dedicated
to conservation of natural resources, public recreation, or wildlife
protection or management. Public Open Spade also includes State Forests,
State Parks, and State Fish and Wildlife Management Areas and designated
Natural Areas (N.J.S.A. 13:IB-15.12a et seq.) within DEP-owned and
managed lands.

(b) Policy

(1) New or expanded public or private open space development is encour-
aged at locations compatible or supportive of adjacent and surround-
ing land uses.

(2) Development that adversely affects existing public open space is dis-
couraged.

(3) Development within.existing public open space, such as campgrounds
and roads, is conditionally acceptable, provided that the develop-
ment complies with the Coastal Resource and Development Policies and
is consistent with the character and purpose of the publ ic open

space, as described by the park master plan when such'a plan exists.

As the rapid urbanization of New Jersey continues and leisure time
increases, open space will play an increasingly important role in main-
taining a desirable living environment for the residents of New Jersey.
Even though the supply of open space has decreased under the growing
pressure for development.- the State's expanding population will require
more public open space to satisfy its needs.

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GAYLORDINO. 2333 PRINTED IN J.&A.

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