Prepared by: Concerned Residents of Jackson

Subject: Regulatory, Hydrologic, Environmental, and Procedural Violations Related to Proposed Basins, Septic, and Drainage Near Category 1 Tidal Waters

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PAGE 1 — MAJOR REGULATORY VIOLATIONS

1. CATEGORY 1 TIDAL WATER OMISSIONS (FATAL DEFECT)

Violation of N.J.A.C. 7:8, 7:13, Anti-Degradation, Public Notice Regulations

The most serious issue is the omission or misclassification of nearby Category 1 tidal waters in project documents, public notices, and—potentially—NJDEP correspondence.
This omission invalidates:

Stormwater management submissions

Any “no jurisdiction” or “flood hazard not applicable” claims

Any C1 buffer delineation

Any DEP review or municipal approval relying on inaccurate water classification

Any wetlands LOI or FHA determination that failed to identify C1 tidal influence

C1 tidal waters carry the highest legal protection in New Jersey, and incorrect identification is a material defect requiring new filings and regulatory reconsideration.

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2. STORMWATER REGULATION VIOLATIONS (N.J.A.C. 7:8)

A. Infiltration basins proposed in prohibited soils

Soil logs show sandy loam, loamy sand, clay loam, and organic layers, all of which fall under prohibited infiltration soils when groundwater is shallow.

B. Insufficient separation from Seasonal High Water Table (SHWT)

Multiple test pits show SHWT < 2 ft below basin invert, violating mandatory separation.

C. Impossible or fabricated permeability rates

All pits reporting exactly 1.0 in/hr, with no falling-head test results, strongly suggests noncompliant or invalid infiltration testing.

D. Basins on slopes >5%

This violates NJDEP Stormwater BMP Manual siting requirements.

E. Emergency spillways direct flow toward C1 tidal waters

Any overflow during storms, ice blockage, or leaf accumulation results in direct untreated discharge to the Category 1 watercourse.

All of these violations independently make the infiltration basins unapprovable.

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3. FLOOD HAZARD AREA VIOLATIONS (N.J.A.C. 7:13)

A. Failure to evaluate tidal flood hazard elevations

No evidence of tidal flood elevation (TFE) modeling, mandatory for C1 tidal waters.

B. Omission of Climate Adjusted Flooding (CAFRA-related SLR data)

Ignoring sea-level-rise effects violates NJDEP’s updated flood modeling standard.

C. Overflow pathways during major storms (Sandy, Ida)

Basins and stormwater structures are vulnerable to:

Backflow from tidal surge

Overtopping

Debris blockage

Concentrated runoff down steep slopes

This creates direct contamination hazards to tidal waters.

D. Required FHA Individual Permit not submitted (likely)

Due to proximity to C1 tidal waters, fill, grading, and drainage structures cannot be approved without an Individual Permit.

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4. SEPTIC SYSTEM VIOLATIONS (N.J.A.C. 7:9A)

A. Septic fields in high groundwater → <2 ft separation

Not permissible in any circumstance.

B. Septic soil groups classified as C/D

Not suitable for standard subsurface disposal; advanced treatment or mound required.

C. Septic location near or within C1 tidal buffer

Septic within 300 ft of a C1 tidal water violates riparian protection and anti-degradation standards.

D. Flooding & groundwater mounding

During storms, septic effluent can:

Break out at surface

Travel downslope

Discharge into tidal waters via stormwater paths

This is a public health hazard and major regulatory violation.

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PAGE 2 — HYDROLOGIC, ENVIRONMENTAL, PROCEDURAL & PUBLIC TRUST VIOLATIONS

5. FAILURE MODES & FLOODING IMPACTS (STORM EVENTS, SANDY-LEVEL)

A. Basins will fail when inlets are blocked

Leaves, sediment, pollen, or ice → basin bypass → untreated stormwater discharged.

B. Overflow discharge routes directly downhill toward C1 tidal waters

This violates the anti-degradation standard (no measurable change in C1 water quality).

C. Backwater and tidal surge influence

During tidal storms or hurricanes:

Tidal surge elevates downstream grade

Basins cannot drain

Saturated soils force lateral discharge

Septic systems fail

This pollution enters the tidal watercourse.

D. Future rainfall intensity increases not accounted for

NJDEP requires climate-adjusted hydrology. This project does not comply.

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6. MISREPRESENTATION & DEFECTS IN DEP FILINGS

Possible defects include:

Failure to identify tidal C1 classification

Failure to disclose 300-ft buffer

Failure to run tidal hydrologic models

Missing anti-degradation demonstration

Omission of required flood hazard mapping

Inaccurate SHWT data

Omission of high groundwater constraints

Possible false or incomplete public notices

Failure to attach NJDEP C1 GIS mapping

Any one of these defects invalidates the entire DEP review process.

7. ERRORS IN PROFESSIONAL PRACTICE & ENGINEERING DUTY OF CARE

Red flags include:

Repeated soil permeability values across all pits

Missing infiltration testing data

Incomplete soil logs (missing color, structure, consistence)

Soil horizon descriptions inconsistent with SHWT depths

Failure to map Category 1 tidal waters

Buffer lines not updated or incorrectly represented

Septic and basin design ignoring mandatory NJDEP constraints

These issues raise concerns about compliance with:

N.J.A.C. 13:40 (professional engineering conduct)

DEP submission accuracy requirements

Municipal engineering standards

Standard of care in hydrologic & geotechnical design

 

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8. PUBLIC TRUST DOCTRINE VIOLATIONS

Category 1 tidal waters are held in trust for public use (fishing, ecological integrity, water quality).
Any of the following violate the Public Trust Doctrine:

Discharging stormwater into C1 tidal water

Allowing septic effluent to migrate downhill

Allowing untreated overflow during storms

Failing to account for tidal surge or future flooding

Sediment loading or erosion into tidal systems

The project endangers a public trust resource and violates long-standing NJ common law.

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9. SUMMARY OF UNAPPROVABLE ELEMENTS

The project cannot be approved due to:

Incorrect or missing identification of Category 1 tidal waters

Stormwater basins violating nearly every major requirement

Septic system violations

Tidal flood hazard and climate change modeling omissions

Overflow/failure pathways directly contaminating tidal waters

Defects in DEP documentation and likely defective public notices

Statistical and technical flaws in soil logs and infiltration data

Public trust and ecological protection violations