delaware and raritan canal commission

June 16, 2021 Minutes of the Meeting

Delaware and Raritan Canal Commission

TIME: 10:15 a.m.

DATE: June 16, 2021

PLACE: Prallsville Mills, Stockton, New Jersey

ATTENDING COMMISSIONERS:

Vice-Chairman Bruce Stout; Assistant Director Mark Texel, designee for Commissioner

of Environmental Protection Shawn LaTourette; Commissioner Phillip Lubitz;

Commissioner John Reiser; Commissioner Chris Shoffner; all participated via online

platform and teleconference.

STAFF: Executive Director John Hutchison and Ms. Colleen Maloney were present in the

Commission conference room; Commission Engineer Joseph Ruggeri, Darlene Yuhas,

and Deputy Attorney General Jason Kane participated via online platform and

teleconference.

GUESTS: Patricia Kallesser, Superintendent, Delaware and Raritan Canal State Park; Stephanie

Fox, Naturalist, Delaware and Raritan Canal State Park; Mike Sellar, NJWSA; Heather

Desko, Senior Watershed Protection Specialist, NJWSA; Linda Barth, D&R Canal

Watch; Robert Barth, D&R Canal Watch; Robert von Zumbusch, D&R Master Plan

Advisory Committee; Jay S. Kruse, P.E., ESE Consultants, Inc.; Thomas O' Shea, Van

Note-Harvey Associates; Brian Perry, Van Note-Harvey Associates; Dino Spadacini,

Esq.; Timothy J. Glessner, Gannett Fleming, Inc.; Nicholas Syzonenko, New Jersey

American Water Co.; Mohammed El-Hawwat, MEH Consulting Engineers, Inc.;

Christopher DeGrezia, Esq., Faegre Drinker Biddle & Reath LLP; Robert Freud, P.E.,

P.P, Dynamic Engineering Consultants, PC; Jeffrey Garfinkel, Director Of Land

Acquisition at Sterling Properties Group; Daniel O’Shaunessy; Michael Stellino; Kelly

Hanna; Lena Balorda-Barone, P.E., Colliers Engineering; Josh Levy; Ingrid Kohler,

L.L.A., ACT Engineers.

Vice-Chairman Stout announced that this was a monthly meeting of the Delaware and Raritan Canal

Commission and that the provisions of the “Senator Byron Baer Open Public Meetings Act” (OPMA)

had been complied with in the scheduling of the meeting.

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Vice-Chairman Stout announced that the meeting was being taped pursuant to the exception set forth at

Section C.(1) of DEP Policy & Procedure 2.85 “Prohibition of Recording in the Workplace” Policy

adopted on September 18, 2019.

Administrative Items

Since Commission members were participating via telephonic device pursuant to Article III, Section 4

of the Commission Bylaws, Vice-Chairman Stout directed the Executive Director to call the roll:

Vice-Chairman Stout Present

Assistant Director Texel Present

Commissioner Reiser Present

Commissioner Lubitz Present

Commissioner Shoffner Present

Commissioner Palmer Absent

Minutes

Vice-Chairman Stout inquired if Commissioners had any comments on the May 19, 2021, meeting

minutes. Hearing none, he called for a motion to approve the minutes as prepared by the staff.

Commissioner Shoffner made a motion to approve the minutes as submitted, which was seconded by

Commissioner Lubitz. Vice-Chairman Stout directed Director Hutchison to call the roll:

Vice-Chairman Stout Yes

Assistant Director Texel Yes

Commissioner Reiser Yes

Commissioner Lubitz Yes

Commissioner Shoffner Yes


The minutes were approved.

Confirmation of July Meeting Date

Vice-Chairman Stout confirmed the July 21, 2021, meeting date.

Review Zone Projects

Zone A Project

Vice-Chairman Stout asked the Commissioners if they wished any of the five Zone A projects to be

considered separately. Seeing no objection, Vice-Chairman Stout requested a motion on the following

five Zone A projects:

#20-2091N New Jersey American Water -- Canal Road Treatment Plant Ozone System Upgrade

(Franklin Township)

#21-2554E Haldeman Lexus -- Proposed Showroom Addition (Lawrence Township)

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#20-2903I Lamberton Road -- Proposed Widening Project (Hamilton Township)

#20-5580 Montgomery Township Stage II WWTP -- Flood Protection Project (Montgomery

Township)

#21-5681 121-125 Perry Street -- Proposed Apartment Building (Trenton City)

Assistant Director Texel made a motion to approve the five Zone A projects, which was seconded by

Commissioner Lubitz. Vice-Chairman Stout asked for comments and questions from the Commissioners

and then the public.

Mr. von Zumbusch requested to speak on #20-5580 Montgomery Township Stage II WWTP -- Flood

Protection Project. He stated that when Mr. Jim Amon was director of the Commission, an application

was made related to this general project site. Mr. von Zumbusch recalled that relative to a discussion on

the development of the Master Plan, Mr. Amon assured him that an easement would be placed at the

project site along the Millstone River, which would allow for the construction of a future trail that could

provide access along the Millstone River. Mr. von Zumbusch observed there was no reference to such an

easement within the project staff report.

Director Hutchison stated that there was no record in the Commission’s files of any recreation trail plan

or evidence of any such easement. The Director noted that when a prior project was considered at the

site in 1998, it was granted a waiver of review in accordance with N.J.A.C. 7:45-11.3 (since repealed),

which authorized the Commission to waive review of government projects. The Director stated that it

was extremely unlikely that the Commission would impose a condition to create an easement for a

recreational trail for a project that was granted a waiver from the Commission’s review.

Mr. von Zumbusch recommended that, in the absence of an existing easement, the new easement be

placed on the applicant’s property to create a recreational trail along the Millstone River. Mr. Ruggeri

commented that the applicant’s proposed flood wall would appear not to impede such a plan.

Vice-Chairman Stout asked the Commissioners to comment on denying the project without prejudice to

allow staff to engage with the applicant about a proposed easement and trail.

Assistant Director Texel asked for clarification as to which government agency would hold the proposed

easement and be responsible for constructing and maintaining any future trail created within the

proposed easement area. Director Hutchison stated it would not be prudent to comment on or commit to

such an undertaking without having studied the matter in detail and without the benefit of any factual

information or a project application or proposal. Mr. von Zumbusch stated that it was his recollection

from Mr. Amon that the Commission would hold the purported easement. He further remarked that the

current project afforded the Commission an opportunity to create such an easement and that such a

project could make a recreational trail connection to Somerset County Route No. Route 518. In response

to Assistant Director Texel, he stated he was both surprised and disappointed that the State Park Service

would not support his recommendation.

Commissioner Lubitz and Mr. Ruggeri clarified that the current proposed project would place the

Commission-defined stream corridor and some buffer area in a conservation easement, including area

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running along the Millstone River where Mr. von Zumbusch proposed the creation of a new trail.

Director Hutchison stated that the Commission had the authority in its regulations at N.J.A.C. 7:45-

12.7(d) to require restrictions, conditions or special compensatory measures that mitigate waiver of strict

adherence when reviewing the visual, historic and natural quality impacts of a project within

Commission Review Zone A. However, the Director noted that this was not the case with this project.

He stated that the applicant was seeking a waiver of strict adherence with the stream corridor impact

review standards based upon the existence of a compelling public need pursuant to N.J.A.C. 7:45-12.3,

and that the suggestion to approve the project with the condition that the applicant agree to dedicate a

recreational trail within the preserved stream corridor conflated two unrelated regulatory provisions and

appeared to place the cost of constructing such a recreational trail upon Montgomery Township.

Vice-Chairman Stout asked the Director what the outcome would be if the applicant did not agree with

the proposed condition if adopted by the Commission. Director Hutchison responded that the applicant

would have failed to fulfill the condition of approval, and the certificate of approval would either not be

issued by the Commission staff or, if already issued and reneged upon at a later date, the certificate of

approval for the project would be rendered null and void.

Deputy Attorney General Kane remarked that there were unresolved questions related to the proposed

easement condition proposed by Mr. von Zumbusch, such as which government agency would hold and

maintain the easement area and any future recreational trail. He stated that if the Commission were

proposing that the State Park Service assume such responsibilities, Commissioners needed to understand

that Assistant Director Texel does not possess the authority – at that moment in time – to agree to such a

scheme. He further cautioned that if the Commission proposed that the DEP hold such an easement, then

the Green Acres program needed to be consulted in such a decision. Vice-Chairman Stout stated that the

project could be approved by the Commission and that the details of the condition could be worked out

subsequent to the approval.

Deputy Attorney General Kane also observed that Commissioners should be cognizant that the project

was a flood protection project necessary to protect public infrastructure and that the applicant was

seeking the Commission’s approval based on the existence of a compelling public need.

Director Hutchison clarified that construction of a future trail within the limits of the defined

Commission stream corridor could potentially be approved under a separate application as a conditional

use within a Commission-regulated stream corridor. However, the Director noted that if the condition

were to be added to the approval for the proposed project, the Commission would essentially be placing

a condition without having considered the scope of the proposed new trail. He suggested that if the

Commissioners felt sufficiently strong about this matter, it might be prudent to reject the project without

prejudice so the scope of the future recreation trail project, including the design and limits of the trail,

could be subject to a comprehensive and thoughtful review. The Director stated that while he was

dubious any easement exists, he would prefer to conduct a thorough review to determine the existence of

the alleged 1998 easement to which Mr. von Zumbusch referred. Such a process would entail retrieving

and reviewing records presently housed in the DEP’s central warehouse in Trenton.

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Director Hutchison also stated that should the project be denied, pursuant to N.J.A.C. 7:45-3.7(a), he

would be required to send a letter stating such to the applicant.

Vice-Chairman Stout stated his concern that a denial of the project would imperil the project for which

the applicant had asserted needed to be undertaken based upon a compelling public need. He also

expressed concern the denial would compel Montgomery taxpayers to pay a new application fee and go

through an additional review process. Commissioner Lubitz stated he was not prepared to disapprove the

project and stated that he would make a motion to approve the project.

Commissioner Lubitz then proposed to rescind the motion made by Assistant Director Texel, which was

adopted by unanimous consent and without comment. Commissioner Lubitz then made a motion to

approve all of the Zone A projects on the meeting agenda, with the condition that, in the case of #20-

5580 Montgomery Township Stage II WWTP -- Flood Protection Project, the applicant shall enter into

discussion with the Commission regarding an easement for a future trail along the Millstone River.

Commissioner Reiser seconded the motion. Commissioner Lubitz then amended his prior motion and

moved to approve the following four Zone A projects, excluding the #20-5580 Montgomery Township

Stage II WWTP -- Flood Protection Project:

#20-2091N New Jersey American Water -- Canal Road Treatment Plant Ozone System Upgrade

(Franklin Township)

#21-2554E Haldeman Lexus -- Proposed Showroom Addition (Lawrence Township)

#20-2903I Lamberton Road -- Proposed Widening Project (Hamilton Township)

#21-5681 121-125 Perry Street -- Proposed Apartment Building (Trenton City)

Commissioner Reiser seconded the amended motion. The Vice-Chairman asked the Director to call the

roll:







The motion was approved.

Commissioner Lubitz then made a motion to approve #20-5580 Montgomery Township Stage II WWTP

-- Flood Protection with the condition that Commission staff shall engage in consultation with

Montgomery Township and the applicant for future dedication of a recreational trail to be located in the

Commission-defined stream corridor easement on the site and generally parallel to the Millstone River.

Commissioner Reiser seconded the motion.

Vice-Chairman Stout asked for further comment from the Commissioners and the public. Hearing none,

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he asked the Director to call the roll:








Zone B Projects

Vice-Chairman Stout stated the DRCC #21-3423A1440 Lower Ferry Road -- Site Improvements would

not be considered as the review is not complete. Vice-Chairman Stout then asked the Commissioners if

they required any of the remaining nine Zone B projects to be considered separately. Commissioner

Lubitz identified #20-5657 Princeton LIHTC Urban Renewal -- Age-Restricted Affordable Housing

Project as a project he wished to discuss in detail.

Vice-Chairman Stout requested a motion to approve the following eight Zone B projects, and excluding

#20-5657 Princeton LIHTC Urban Renewal -- Age-Restricted Affordable Housing Project:

#20-1701C Veronica Avenue & Bennetts Lane -- Proposed Warehouse Facility (Franklin Township)

#21-2441JJ Princeton University East Campus TIGER & Athletic Operations Building (Municipality

of Princeton)

#21-3541G Firmenich, Inc. -- Campus Entrance Upgrade (Plainsboro Township)

#21-4172C 17 School House Road -- Proposed Warehouse (Franklin Township)

#21-5010C Riverside Center -- DEY6 Amazon Delivery Station -- Major Modification (Monroe

Township)

#18-5061 501 Jersey Avenue Property, LLC -- Proposed Warehouse (New Brunswick City)

#19-5506 Windsor Pointe -- Proposed Multi-Family Residential Development (East Windsor

Township)

#21-5616C Princeton University -- Lake Campus South (West Windsor Township)

Commissioner Reiser made a motion to approve the eight Zone B projects, which was seconded by

Assistant Director Texel. Vice-Chairman Stout asked for comments and questions from the

Commissioners and then the public. Hearing none, he asked the Director to call the roll:







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#20-5657 Princeton LIHTC Urban Renewal -- Age-Restricted Affordable Housing (Municipality of

Princeton)

Vice-Chairman Stout requested a motion to allow discussion on #20-5657 Princeton LIHTC Urban

Renewal -- Age-Restricted Affordable Housing Project. Commissioner Lubitz made that motion for the

purpose of discussion, which was seconded by Assistant Director Texel.

Commission Lubitz asked for clarification on the existing Basin 1B at the site and the relationship

between this project and a project on the same site, which is currently before the Commission for

review. Director Hutchison stated that there are two affordable housing projects, DRCC# 21-5657 and

21-5657A, within the Municipality of Princeton before the Commission. DRCC# 21-5657A was

currently under review by staff. Mr. Ruggeri explained that the two adjacent projects were submitted as

two applications by two different parties, but that the stormwater management facilities were

interrelated. Mr. Ruggeri also noted that compliance with the Commission’s stream corridor and

stormwater impact standards, including the modification of existing Basin 1B, would be addressed in the

application DRCC# 21-5657A. Existing stormwater facilities would be modified, and some would be

located within the defined Commission stream corridor area and would require a waiver of strict

adherence with the stream corridor impact review standards.

Commissioner Lubitz stated his concern that the project currently before the Commission, DRCC# 21-

5657, technically could not stand alone in terms of compliance with the Commission’s stormwater

management standards without the approval and construction of the other project on the site, DRCC #

21-5657A. Mr. Ruggeri stated that most of the stormwater management issues would be addressed

within the context of the future DRCC# 21-5657A review and approval. Commissioner Lubitz likened

the situation to “putting the cart before the horse” and stated he was not prepared to approve a project

that was dependent on an unapproved project, despite his support for the need to construct affordable

housing.

Mr. Kruze, consultant for the applicant, stated that the two affordable housing projects were submitted

by two different developers, PIRHL Developers for the current project, and Avalon Bay as the second

project, and that there are separate funding mechanisms related to each project. He noted that an

approval on the currently proposed project would allow the applicant to move forward with the funding

mechanisms.

Commissioner Lubitz amended his motion to state the approval would be conditioned such that the

project could not move forward until the second project, DRCC# 21-5657A, is approved and the

necessary proposed modifications to the existing stormwater facilities were completed. Assistant

Director Texel agreed with and seconded the amended motion. Deputy Attorney General Kane asked for

clarification of the term “not move forward”, for example would that mean there could be no site

disturbance or other construction action. Director Hutchison noted that the Commission regulations at

N.J.A.C. 7:45-1.3 define “disturbance” to include construction and preconstruction activities.

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Commissioner Lubitz clarified that in order to meet compliance, the current project is dependent on

approval of the modifications to Basin 1A, which is within project DRCC# 21-5657A. Vice-Chairman

Stout stated that the applicant would submit a complete application and not bifurcate the project into

separate elements to allow modifications of Basin 1A as a free-standing project. Mr. Ruggeri stated that

the applicant could submit an application for the basin modifications only, but that would require the

applicant to submit an additional application, along with any associated review and fees.

Commissioner Lubitz amended his motion to approve the project with the condition that no disturbance

on the project site shall take place until the approval by the Commission of the modifications to

Stormwater Basin 1B, as currently before the Commission in project DRCC# 21-5657A. Assistant

Director Texel agreed to this amended motion.

Vice-Chairman Stout called for further comment and, hearing none, he requested that the Director call

the roll:








Executive Director’s Report

Director Hutchison stated that, in addition to the 15 projects listed on the agenda, the staff completed 15

deficient staff reports issued, 10 jurisdictional determinations, issued 14 certificates of approval, and five

general permits. In addition to preparing those documents, staff organized 22 pre-application meetings

for proposed projects, which indicated to the Director that there would be no reduction in project

applications in the near future. In addition, as of June 14, there were 45 active projects undergoing

review by Commission staff.

Director Hutchison reported that the fee deposits for the month totaled $36,009.50. Deposits for Fiscal

Year 2021 totaled $507,772.50, which was $57,772.50 more than the Fiscal Year 2021 anticipated

appropriation with one month remaining in the truncated fiscal year that began on October 1, 2020.

Director Hutchison reported on several meetings and events. On Friday May 21, he participated in the

quarterly Abbot Marshlands Council Meeting, where DEP Park Police Sergeant Tim Kasony gave a

presentation on strategies the Park Police were employing to combat illegal dumping in the so-called

“abandoned” portion of the Delaware and Raritan Canal in Hamilton Township. He offered to provide

copies of the sergeant’s presentation to anyone who was interested.

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On May 26, Director Hutchison attended a site visit with Commissioner Shoffner and municipal staff

from South Bound Brook Borough with the Park Superintendent and the Park historian to discuss the

former Lock No. 11, which is now used as a public access point in that borough and coordinate activities

to remove dead and hazardous trees onsite.

On June 4, Director Hutchison held a remote meeting with members of the organization “Trenton

Threatened Skies”, who had been referred to the Commission by DEP Assistant Commissioner for Land

Use Protection Vincent Mazzei. The group opposes the many expansion projects at the Trenton-Mercer

Airport in Ewing Township, which is located in Commission Review Zone B. The Director reported that

the meeting was cordial; however, much of the conversation centered on the group’s concern that

insufficient scrutiny was being devoted to the impact of the historic use of PFOS and PFOAs -- Per- and

Polyfluoroalkyl Substances, which are a group of manmade chemicals used for residential, commercial,

and industrial purposes including: nonstick cookware, stain-resistant fabric and carpet, some food

packaging and firefighting foam. These so-called “forever chemicals” were used at the airport and the

adjacent former-U.S. Naval Air Warfare Center for fire-fighting purposes. Director Hutchison stated that

he informed the group of the scope of the Commission’s review program and made them aware of how

they could participate in any future Commission meeting that involved the airport, but that questions

related to the remediation of hazardous materials were appropriately addressed to the DEP Site

Remediation Program.

Director Hutchison stated that he had mentioned that five general permits were issued in the last month.

One of these permits was issued to the Division of Parks and Forestry for the rehabilitation of the

Moore’s Station public access area along N.J. State Highway Route No. 29 in Hopewell Township. The

rehabilitation of this neglected area of the park, which is the only access point between Titusville and

Lambertville, was one of the mitigation projects to compensate for the visual impact of the PSE&G

electric transmission line project (DRCC #20-5560) which crosses the canal near the Route 202 bridge.

The Director reported that on June 11, he attended a site visit along the so-called “abandoned” portion of

the canal with the applicants for DRCC #20-2903I and the Park Superintendent and the Park Historian.

He thanked the Ms. Chirco for providing much-needed and helpful information on the area surrounding

Lock No.1 near Bordentown, stating that her work, and the assistance of the superintendent, clarified

and greatly improved the scope of the mitigation projects that you approved today.

Director Hutchison reported Commission staff is working with the Division of Parks and Forestry to

follow up on an issue raised by Commissioner Palmer, who had received a request from residents of the

City of Trenton regarding the condition of the Pedicaris Place pedestrian bridge. The residents have

complained about the accumulation of trash and the condition of the bridge, which has been fenced off

following a lawsuit in which the state reached a settlement with a man who fell and injured himself on

the span. The DEP Division of Parks and Forestry has information from property records that indicates it

is owned by NJDOT, like the other canal bridges. It is identical in design to the other Trenton canal

bridges under NJDOT jurisdiction built in the late 1930s, with the concrete deck and concrete panel

parapets. The number of the bridge even falls between that of Prospect Street upstream and Calhoun

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downstream. The DEP has tried to get NJDOT to take maintenance responsibility for the bridge, but that

agency has indicated that the bridge is not listed on its structures inventory, so they would not be likely

to accept the maintenance responsibility for it, although they helpfully volunteered to make some

repairs.

Director Hutchison reported that he and staff member Darlene Yuhas have been working to complete the

2019 Commission annual report, which would be submitted for review and approval at the July

Commission meeting. He noted that the Commission’s enabling statute at N.J.S.A. 13:13A-11i directs

that on or before December 31 in each year the Commission shall make an annual report of its activities

for the preceding calendar year to the Governor and to the Legislature and that the report shall set forth a

complete operating and financial statement covering its operations during the year. The preparation and

issuance of the annual report was something that was mostly “honored in the breach” by previous

Executive Directors; however, he believed that it was important to issue the report so that the

Commission’s operations and finances are transparent and accountable to the people the Commission

serves. Once the 2019 report is posted to the website, staff will move on to the 2020 and 2021 annual

reports.

Director Hutchison stated that the Commission offices will be closed on Friday, June 18, in observance

of the “Juneteenth” State Holiday.

Commissioner Lubitz asked if Director Hutchison has received budget documents from the DEP for

Fiscal Year 2022. The Director stated he had not received any requests for a budget meeting with DEP

Office of Management and Budget staff and for budget documents.

Park Superintendent’s Report

Superintendent Kallesser stated she attended a meeting to discuss mitigation within the park in the

vicinity of the Lamberton Road Widening project.

Superintendent Kallesser stated that a concession was awarded to Big Bear Gear for a canoe and tubing

business within the Delaware and Raritan Canal State Park. She stated that the Cooley Tract parking

area would be used for the exclusive use of the concessionaire. The Riverview Parking Lot would be

available for parking, and new signage was being installed.

The Superintendent stated that a new park maintenance employee has been hired.

Superintendent Kallesser stated that during the week of July 19, a Phase 1 Archeological Study would

commence at the Port Mercer Bridgetender’s House in Lawrence Township. This study was related to

the construction of a new septic field for the house, which is used by the Lawrence Historical Society.

Superintendent Kallesser stated that the East Millstone Bridgetender’s Station rehabilitation project was

moving forward.

New Jersey Water Supply Authority (NJWSA) Report

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Mr. Sellar submitted a written report to the Commission. Mr. Sellar reminded the Commissioners that

the dredging project on the main portion of the Delaware and Raritan Canal had been completed. Within

Access Area 5, a basketball court has been repaved; grading and seeding would soon be completed, and

all other access areas had been restored. The contractor was continuing to restore the staging area with a

tentative substantial completion scheduled for this summer.

Mr. Sellar reported that bids for the Landing Lane Spillway Repair project (DRCC #19-330B) were

received on May 18 and that the lowest bidder proposal was being reviewed, with consideration to a

tentative construction start date in the summer.

Mr. Sellar reported on a matter that was discussed at the previous Commission meeting related to the

Island Farm Weir-Raritan River Embankment project (DRCC #19-4584C). He reported that the

installation of the light-colored stone on the park multiuse trail was undertaken in error, and the NJWSA

would correct the oversight and install appropriately gray-colored stone.

Mr. Sellar reported that a sinkhole was discovered the week of June 9 in the roadway adjacent to the

rehabilitation of the Six Mile Run Culvert project, and a contractor filled the hole with concrete later that

week.

Mr. Sellar reported that the onsite survey work is completed for the feasibility study of the

Cedar Grove Brook Watershed project.

Mr. Sellar reported that the DEP will start sampling for 1,4 dioxane in the Delaware and Raritan Canal

this summer. His report noted that 1,4 dioxane was an emerging contaminant that is present in, or a

byproduct of, many commercial/industrial and consumer products.

Mr. Sellar reported that the planned underwater inspection of four canal locks that he discussed during

the May Commission meeting was on hold until the gate at South Bound Brook Lock was repaired, and

proposals for the repair of the gate were received on June 14 and were being evaluated.

Heather Desko, Senior Watershed Protection Specialist, NJWSA, made a presentation on the 2021

report on the comprehensive plan to contain the spread of the invasive aquatic plant “Hydrilla” (Hydrilla

verticillata) in the Delaware and Raritan Canal. A copy of the associated PowerPoint presentation report

is attached.

Old Business

No old business.

New Business

No new business.

Public Comment

Mr. Barth and Mr. von Zumbusch requested that the Master Plan Advisory Committee members be

forwarded the report from the Bloustein Public Policy master studio class. Director Hutchison stated that

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he is in the process of reviewing the report, and the next step would be to take that document to a private

or public entity to request assistance in defraying the cost of the Master Plan update. Vice-Chairman

Stout stated that the work done by the Rutgers students was of excellent quality. In addition, he stated

that Commission staff is completely busy meeting the day-to-day obligations of the Commission’s

regulatory program.

Written Public Comments

The Commission received the following written comment via email from Linda Barth. She reported that

Avon Builders had rescinded its proposal to redevelop the Stockton Inn property in Stockton Borough.

Executive Session

None.

Adjournment

There being no other business, Vice-Chairman Stout entertained a motion to adjourn. Assistant Director

Texel moved to adjourn the meeting, which motion was seconded by Commissioner Reiser. Vice-

Chairman Stout called for a vote on the motion to adjourn, which was unanimously approved by voice

vote.

The meeting adjourned at 11:34 a.m.

Respectfully submitted,

____________________________________

John Hutchison, Secretary

D&R Canal Aquatic Plant Management

2021 Project Update

June 16, 2021

Heather DeskoSenior Watershed Protection Specialist

New Jersey Water Supply Authority

Agenda

• Background of Aquatic Plant Management in Canal (2016) & Introduction to Hydrilla

• 2017-2020 Aquatic Plant Management & Monitoring

• Plan for 2021 & Beyond

• Hydrilla & Cyanobacteria

• Questions

SAV Management & 2016 Response

• Water flow restriction due to excessive plant growth

• Canal water level below intake

• Hydro-raking: July-August

Hydrilla verticillata

• Native to Korea & Japan

• Means of introduction: aquarium plant

• Recent invader to Mid-Atlantic (1980s)

• Can reach lengths of up to 25 feet

• Can grow up to 1 foot per day!

• Reproduces by fragmentation, tubers, & turions

– Tubers can remain viable 6+ years

Hydrilla – “the perfect weed”• Adapts to variety of

conditions– Water depths – inches to

20+ ft– Lakes/ponds & rivers– Salinty 0-9ppt (possibly up to

13ppt)– Turbidity/water clarity– Low light tolerance

• Even up to 10 weeks in total darkness!

• Impacts: – Native SAV & other biota– Water chemistry– Water flow– Recreation

D&R Canal at Scudders Falls September 2016

2017: Management Prep & Herbicide Application

May 22, 2017

Management & Monitoring Efforts

• Continuous injection ofSonar Genesis (activeingredient: fluridone)– 2-4 ppb

– Up to 120 days (late May-late Sept)

• Weekly fluridoneconcentration monitoring

• Treatment Area SAV Survey (18 miles)

• Tuber survey (5 sites)

• Other SAV monitoring

Additional Monitoring Efforts

• 2017: 60-mile Canal SAV Survey

• 2018: Fanwort Survey

• 2018: Turnbasin sampling

• 2018-present: Above treatment area SAV survey

• 2019: Water quality w/ monthly surveys– Temp, pH, SC, DO, phyco,

chlorophyll, turbidity

• 2020-2023: Alternating sections of non-treatment area SAV surveys

Fluridone Monitoring

9 surface water sites3 finish water sites (water

treatment plant effluent)

Labs/methodologies– Phoenix Environmental Labs (CT)

• EPA method 525.3• Lowest Reporting Limit: 0.29 ppb

2020 Management In review• Herbicide (Sonar Genesis)

application: – June 29 – Sept 30 (94 days)– Target dose rate: 3.0 ppb – Goals:

• shorten application to 90 days • decrease dose rate

• Proposed plan: herbicide application will occur at a minimum 2 years beyond the last hydrilla plant/tuber finding– Hydrilla plant & tubers

found in June 2020, so treatment will continue in 2021 & 2022

Hydrilla fragment found in June 2020

Vegetation monitoring

2016-2020 SAV resultsD&R Canal Treatment Area

Common Name Scientific Name2016 %

Occurrence

2017 %

Occurrence

2018 %

Occurrence

2019 %

Occurrence

2020 %

OccurrenceOverall SAV 96.5% 76.7% 73.4% 58.3% 92.8%Small Duckweed Lemna minor 89.8% 50.4% 38.5% 22.4% 55.3%Coontail Ceratophyllum demersum 84.9% 26.0% 2.0% 0.0% 0.0%

Water Stargrass Zosterella dubia 66.8% 28.8% 4.7% 0.3% 0.17%Hydrilla Hydrilla verticillata 56.4% 5.2% 0.0% 0.0% 0.0%Wild Celery Vallisneria americana 52.4% 39.5% 9.2% 2.7% 0.0%Common Waterweed Elodea canadensis 32.8% 7.0% 1.5% 0.0% 0.0%Benthic Filamentous

Algae31.7% 43.6% 56.4% 43.6% 72.0%

Brittle Naiad Najas minor 24.0% 0.2% 0.0% 0.0% 2.5%Eurasian Water Milfoil Myriophyllum spicatum 10.1% 0.8% 0.0% 0.2% 0.0%

Water Starwort Callitriche palustris 9.9% 5.0% 0.7% 0.0% 0.0%Spatterdock Nuphar variegata 9.2% 0.0% 4.7% 5.5% 16.8%Watermoss Fontinalis sp. 7.4% 3.9% 1.7% 0.0% 6.7%Leafy Pondweed Potamogeton foliosus 3.2% 7.2% 0.2% 0.3% 0.0%Muskgrass Chara sp. 1.8% 0.7% 0.8% 1.3% 0.17%Curly-leaf Pondweed Potamogeton crispus 1.5% 0.0% 0.0% 0.0% 0.0%Long-leaf Pondweed Potamogeton nodosus 1.2% 1.3% 0.0% 0.0% 0.0%

Pondweed species Potamogeton sp. 1.0% 0.0% 0.0% 0.0% 0.0%White Water Crowfoot Ranunculus longirostris 0.5% 0.0% 0.0% 0.0% 0.0%

Great Duckweed Spirodela polyrhiza 0.3% 0.0% 1.0% 0.0% 68.3%Common Bladderwort Utricularia vulgaris 0.3% 0.0% 0.0% 0.0% 0.0%

Arrowhead rosette Sagittaria sp. 0.3% 0.0% 0.0% 0.0% 0.0%Common Watermeal Wolffia columbiana 0.0% 45.8% 0.0% 2.3% 0.0%Floating Filamentous

Algae0.0% 0.0% 0.0% 1.8% 6.5%

Vegetation monitoring:Visual surveys – treatment area (2020)

6/15+6/17 6/26+6/29 7/13 7/27+7/29 8/10 9/21

Benthic Fil. Algae x x x x x x

Curly Leaf Pondweed x

Leafy Pondweed x

Water Stargrass x x x x

Elodea x x x x x

Duckweed x x x x x x

Callitriche x x x x x

Coontail x x

Chara x x x x x x

White Water Crowfoot x x

Wild Celery x x x x x

White Water Lily x

Hydrilla x

Eurasian Watermilfoil x

Spatterdock x x x x x x

Hydrilla fragment found on 6/29/2020

Hydrilla Tuber monitoring

– Conducted in late October

– 5 stations that have been monitored annually since 2016

– Increased to 50 cores per site

– Purpose: to monitor tuber bank depletion for treatment efficacy

Hydrilla tuber monitoring – 2016-2020

Station2016

(tubers/ m²)2017

(tubers/ m²)2018

(tubers/ m²)2019

(tubers/ m²)2020

(tubers/ m²)% Change

(2016-2020)

DR-1 462.8 26.5 11.2 1.3 0 -100.00%

DR-2 85.6 15.2 2.2 0 0 -100.00%

DR-3 288.9 7.6 2.2 0 0 -100.00%

DR-4 320.4 0 0 0 2.14 -99.33%

DR-5 10.7 0 0 0 0 -100.00%

2020: 50 cores at each site

Communications

• Meetings with Canal Water Users (including DRCC, D&R Canal State Park, NJDEP)– Season kick-off meeting – Mid-Season Webinar update – End of season debrief

• Weekly updates with fluridone monitoring results

• FTP site with monitoring results, all reports, archived messages

• Website: www.njwsa.org/hydrilla• Hydrilla email box: [email protected]

http://www.njwsa.org/hydrilla

mailto:[email protected]

2021 & Beyond Preparations

• Herbicide application will occur in 2021 & 2022

– Reduce target dose rate (targeting 2.5 ppb or less)

– Reduce days of application: 75-90 days in 2021

– If no hydrilla plants or tubers found in 2021, no herbicide application in 2023

• Continue intensive plant monitoring

– 2/3 of the Canal will have full survey each year.

Hydrilla & Cyanobacteria

• Toxic Cyanobacteria Aetokthonos hydrillicola(Eagle killer – grows on hydrilla)

• Grows on hydrilla stems only

• University of Georgia (S. Wilde) researchers discovered and study this

• NJWSA sent samples from the Canal in early September 2016: – A. hydrillicola was not found

For more information: https://www.warnell.uga.edu/research/dr-susan-wilde-avm-research

https://www.warnell.uga.edu/research/dr-susan-wilde-avm-research

• A. hydrillicola co-occurs with bromine atoms on hydrilla– Bromine in water necessary to produce these toxins– Bromine found in dead birds

• Bromide (ion form) can be found naturally, but not commonly, in freshwater environments

• Bromide typically from anthropogenic influences, including herbicides used to treat hydrilla (e.g., diquat dibromide)

• Bromide/Bromine/diquat dibromide are NOT ingredients or by products of the herbicide used in the D&R Canal

Questions/comments

Thank you!

Contact: [email protected]

mailto:[email protected]

delaware and raritan canal commission

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