STATE OF NEW JERSEY

LAKE HOPATCONG COMMISSION

PROGRESS REPORT 2001-2002

Prepared for

Governor James E. McGreevey And the New Jersey State Legislature

December 1, 2002

Contents

Letter to the Governor and Legislature………………………………………...……………..iii Introduction to the Lake Hopatcong Commission...... 1 Functions ...... 1 Membership...... 2 Background on Lake Hopatcong ...... 2 History of the Area...... 2 Characteristics of the Lake ...... 2 Environmental Problems in the Lake ...... 3 Lake Protection Efforts on Lake Hopatcong ...... 4 Earlier Lake Management Efforts ...... 4 The Lake Hopatcong Commission...... 4 Managing Lake Hopatcong’s Water Quality Problems ...... 5 Long-Term Measures -- Replace Septic Systems ...... 5 Long-Term Measures -- Manage Stormwater Runoff ...... 5 Short-Term Measures – Harvest Overgrown Aquatic Vegetation ...... 6 Lake Hopatcong Commission Initiatives...... 6 Studying Lake Hopatcong’s Water Quality ...... 6 Studying Lake Hopatcong’s Water Quantity ...... 6 Managing Stormwater Runoff – Catch Basin Replacement...... 7 Mechanical Harvesting of Aquatic Vegetation ...... 7 Representing Lake Hopatcong Interests during State Drought Emergency...... 9 Dredging a Sandbar by Brady Bridge ...... 11 Reviewing Municipal Site Plan and NJDEP Permit Applications ...... 11 Working Jointly with Other New Jersey State Agencies ...... 12 Working Jointly with the Lake Hopatcong Municipalities...... 12 Working Closely with the Lake Hopatcong Residents...... 13 Facilitating Development of a Lake Hopatcong Emergency Response Plan ...... 14 Managing Placement and Maintenance of Buoys on Lake Hopatcong...... 14 Issues Affecting the Lake Hopatcong Commission ...... 17 Will the State Continue to Fund the Commission?...... 17 Appendix A--Lake Hopatcong Commission, 2001-2002, Members and Alternates ...... 19 Appendix B—Lake Hopatcong Commission, 2001-2002, Commission Staff...... 21

Letter to the Governor and Legislature

December 1, 2002

To the Honorable James E. McGreevey, Governor And Members of the New Jersey Legislature

The Lake Hopatcong Commission was created by the Lake Hopatcong Protection Act on January 8, 2001 (N.J.S.A. C58:4B) and established in but not of the New Jersey Department of Environmental Protection. Under the Act, Section 4B-10 calls for the Commission, within 18 months of organizing, to prepare a progress report of its activities and submit it, together with recommendations for legislation, administrative action, or action by local governments, to the Governor, State Legislature, and Senate Environment Committee, Assembly Environment Committee, and Assembly Agriculture and Natural Resources Committee. The accompanying report presents the progress of the Commission to date.

Lake Hopatcong is the largest lake in the State of New Jersey and has long been a major recreation and vacation spot for people living in the Middle Atlantic Region. Originally a seasonal community, the Lake Hopatcong area has become a year-round residential community, and the local population has surged in the last few decades. With growth in population also comes the downside of development—increased impacts on the local environment—and Lake Hopatcong is no exception. The lake’s water quality began deteriorating as pollutants leached into the lake from a number of man- made sources, and groundwater quantity and quality decreased as urban sprawl covered over critical recharge areas. Local residents became alarmed and sought to create an umbrella organization that would represent each of the State, county, and municipal interests around the lake and that would be funded directly by the State of New Jersey. The “Lake Hopatcong Protection Act” passed unanimously in both the New Jersey Assembly and Senate in late 2000 and was signed into law in early 2001.

Since its creation, I am happy to report that the Lake Hopatcong Commission’s office is up and running, staff has been hired, and we are actively involved in a number of activities and programs to restore the lake to its natural splendor. To the best of my knowledge, this is the only State-funded commission in the United States that oversees a single lake, which demonstrates this State’s leadership and foresight in protecting this valuable New Jersey natural resource.

Lake Hopatcong Commission 117 Lakeside Boulevard ♦ Landing, NJ 07850-1120 ♦ (973) 601-1070 ♦ (973) 601-1071 fax

On behalf of the Commission, it is with a great deal of pride and satisfaction that I provide this progress report on our first 18 months of operation. We believe that the Commission is taking positive steps to accomplish the goals set forth in the Lake Hopatcong Protection Act, and, with the State’s support, we expect to see the results of our efforts in due course.

Sincerely,

Anthony J. Albanese Chairman

Progress Report 2001-2002 Lake Hopatcong Commission

This report has been prepared by the after the January 8, 2001, date of Lake Hopatcong Commission as part of enactment of the Act, and any unspent the requirements of the Lake Hopatcong monies were to be carried forward for Protection Act (N.J.S.A. C58:4B) of use by the Commission in future years. 2001. Under Section 4B-10 of that Act, Each year after the first year, the the Commission, within 18 months after Commission is required to submit an the date it organizes, shall prepare a annual budget request for funds to carry progress report on its activities. out its purposes and objectives as part of the annual budget request submitted by the NJDEP to the Division of Budget Introduction to the Lake and Accounting in the Department of the Hopatcong Commission Treasury, which shall include it in the budget request submitted annually by The Lake Hopatcong Commission the Governor for appropriation by the (hereinafter referred to as the Legislature. “Commission” or “LHC”) was created on January 8, 2001 (N.J.S.A. C58:4B) and Functions. The Lake Hopatcong established “in but not of” the New Commission is an independent State Jersey Department of Environmental commission. It has no enforcement Protection (NJDEP). The Commission powers, nor can it issue fines in its is tasked with overseeing and efforts to protect Lake Hopatcong. safeguarding the State’s largest Simply, the Commission works freshwater lake—Lake Hopatcong— cooperatively with the governmental which serves as an emergency source bodies and the public in the Lake of drinking water to the State and Hopatcong watershed to monitor, supports a wide range of recreational protect, restore, educate and review. and other uses that contribute The Commission seeks to provide a significantly to the region’s economy. single voice to speak on behalf of the The establishment of the Commission is many interests within the Lake based on the view that improving and Hopatcong watershed, and its goal is to maintaining the water quality of Lake provide leadership and expertise on the Hopatcong is important to protect the best management practices for the environmental and economic interests, Lake. In this first 18 months of activity, as well as the quality of life, of the over the Commission’s role in the Lake 65,000 residents in the area. Hopatcong area continues to be defined as the governmental partners become Initial funds were appropriated from the comfortable with the new organization. State’s General Fund (N.J.S.A. C58:4B- 13) to the Lake Hopatcong Commission The Lake Hopatcong Commission in the amount of $3 million to pay for currently maintains an office at 117 startup costs and to carry out the Lakeside Boulevard, in Landing, NJ. In purposes and objectives in the first year this first season of full operation, the

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Commission employs a staff of 10, the area, the slower canal traffic including an Executive Director, an became obsolete, and the canal was Administrator, a Director of Field abandoned. The lake was acquired by Operations, and a Field Operations staff the State of New Jersey from the Morris of 7. As its name suggests, the Field Canal and Banking Company in 1922. Operations staff conducts lake Today, Lake Hopatcong is part of management activities in, on, and Hopatcong State Park, which is adjacent to Lake Hopatcong, such as administered by the Division of Parks mechanical weed harvesting in the and Forestry within the New Jersey warmer months, and stormwater Department of Environmental Protection management and other projects in the (NJDEP). colder months. Characteristics of the Lake. The 9.5- Membership. The Commission mile-long Lake Hopatcong is the largest comprises 11 voting members, including lake in the State and is located in the a chair and two other members northwest part of New Jersey on the appointed by the Governor, one ex borders of Sussex and Morris Counties. officio representative each from the New Four municipalities surround the Lake— Jersey Departments of Environmental within Morris County are Roxbury Protection and Community Affairs, one Township, Mt. Arlington Borough, and representative each from Sussex Jefferson Township, and within Sussex County and Morris County, and one County is Hopatcong Borough. representative each from the four municipalities surrounding Lake Lake Hopatcong is a major year-round Hopatcong—Hopatcong Borough, Mt. recreational center in New Jersey for Arlington Borough, Jefferson Township, boating, sailing, and swimming and is and Roxbury Township. considered one of the best freshwater fisheries on the East Coast. During the winter, ice fishing, ice boating, and Background on Lake Hopatcong snowmobiling are popular activities. Hopatcong State Park is one of the History of the Area. Lake Hopatcong busiest parks in the State system, was originally two adjacent lakes that hosting over 159,000 this past summer. were the headwaters of the The Lake’s 14.7 billion gallons of water Musconetcong River. A dam was are also considered an emergency constructed in 1750 to provide power for source of drinking water for the State of a local iron forge, and the water level New Jersey. increased by some 5 feet and combined the two lakes into one larger lake. The The 2,700-acre Lake has over 38 miles lake as it is known today was created of shoreline and a watershed population through the construction of another dam of over 65,000 people. The Lake in 1827 by the Morris Canal and Hopatcong watershed (the surrounding Banking Company as part of its efforts area that contributes to the water quality to build the Morris Canal, which by the and quantity) is relatively small, on the 1830s was a major means for order of 13,500 acres. Much of the transporting coal, iron, and zinc across surrounding watershed area is New Jersey. As railroads developed in undeveloped forest, and growing residential development surrounds the 2

Lake. Although there is a growing One characteristic of Lake Hopatcong commercial base in the area, little major that is particularly telling about its industry is present at this time that may eutrophic condition relates to its adversely affect the Lake. hydraulic residence time, which is the average time required to renew a lake’s Lake Hopatcong has no major volume. More simply, this represents a tributaries; rather, the inflow to the Lake measure of the “flushability” of a body of is contributed by a number of brooks water for moving nutrients through and and streams from the mountain area out of the water column. A short surrounding the Lake. On the other hydraulic retention time would indicate a hand, the Lake has a major point of high volume of water flow, resulting in discharge through a dam at Hopatcong less production of biological forms such State Park, releasing an average 7.5 as algae because the cells are flushed million gallons a day (MGD) out faster than they can grow and downstream, which provides the accumulate. On the other hand, a headwaters for the Musconetcong River, longer hydraulic residence time a tributary to the Delaware River. A suggests that nutrients can accumulate downstream lake, Lake Musconetcong, in the water body, and biological forms is dependent on Lake Hopatcong’s have more time to grow and multiply. discharge. Because of the emergency Lake Hopatcong demonstrates a long drought conditions, the discharge from hydraulic residence time, on the order of the Hopatcong State park dam has been about 623 days, or 1.7 years, which reduced to 4.4 MGD to conserve water means that it presents an ideal supplies in 2002. environment for harboring nutrients and biomass, as demonstrated by the Environmental Problems in the Lake. excess algal and aquatic vegetation Similar to other urbanized lakes, Lake overgrowth. Hopatcong is affected by advanced cultural eutrophication. The word The key pollutant of Lake Hopatcong “eutrophic” is a Greek term for “well- causing the eutrophication is the nourished,” which describes a process element phosphorus, which is, among of physical, chemical, and biological many properties, a nutrient for changes to a freshwater body caused by vegetation. Phosphorus levels in the nutrient, organic matter, and siltation Lake are two times what they ought to deposition that results in accelerated be, and the influx is believed to be aging. As a lake ages, it begins to fill in caused predominantly by stormwater from increased vegetation and runoff (48%) and septic system leachate sedimentation, becoming a swamp and, (41%). Geese droppings also contribute eventually, a forest. If the process is to the phosphorus loading to the Lake. accelerated by man-made influences, as is the case at Lake Hopatcong, it is The over-fertilization of Lake Hopatcong termed cultural eutrophication. In short, has resulted in a serious overgrowth of Lake Hopatcong is aging faster than it aquatic vegetation over the last three should, and overgrowth of algae and decades, and this problem has been aquatic vegetation is an ongoing exacerbated in the last few years by the problem. low Lake levels, which have allowed deeper sunlight penetration into the Lake and, hence, more weed growth. 3

Other nutrients, such as nitrogen, and to that of the Lake Hopatcong pollutants, such as heavy metals like Commission. Members were appointed cadmium and lead, also are present in by the municipal and county Lake Hopatcong. governments, and public meetings were held, although funding was obtained Another problem that has resulted from through grants or fees assessed to the the aquatic vegetation overgrowth is governmental bodies. The Board oxygen depletion from the water in the engaged in coordinating protective lower depths of the Lake. Similar to efforts for the Lake, including the other water bodies, Lake Hopatcong development of model municipal experiences thermal stratification, ordinances, planning reviews of building particularly in the summer months, projects, public outreach and education which results in a lack of water on issues such as septic system circulation between the deeper waters maintenance, open space support, on the bottom with the surface waters. comprehensive lake management As weed and other organic matter studies, and mechanical weed degrade, the material settles to the harvesting. An important early action of bottom of the Lake and decays, the Board was water quality monitoring depleting the oxygen in the deep water, of the Lake, and this practice has and rendering some of the deepest continued to this day, establishing over areas of the Lake totally devoid of 30 consistent years of water quality data oxygen—a condition known as anoxia. on Lake Hopatcong. As the oxygen demand increases, the anoxic conditions may move upward The Lake Hopatcong Commission. toward the surface and can result in fish While the LHRPB made important kills. contributions toward the protection of Lake Hopatcong, its capabilities were These anoxic conditions also lead to limited because it had no authority other problems at the Lake’s bottom. beyond what the supporting Chemical conditions in the sediments governmental bodies allowed, it lacked result in phosphorus being released or a staff and an office, and finding funds recycled from the lakebed into the water was a continuous effort. These column, further increasing the pollutant’s limitations were part of the impetus that levels in Hopatcong. resulted in discussions by Lake residents in 1999 about the possibility of forming an umbrella organization that Lake Protection Efforts on Lake could speak on behalf of all the Lake Hopatcong governmental bodies and the public, with a full-time staff and executive Earlier Lake Management Efforts. director, an office, and consistent Lake Hopatcong’s deteriorating water funding directly from the State. Using quality did not escape lake residents in the Lake George Park Commission as a the 1960s, and they responded by model, a legislative campaign was creating the Lake Hopatcong Regional launched in 1999. Senator Anthony Planning Board (LHRPB) in 1964. The Bucco of Morris County began Board was strictly a volunteer discussions with then-Governor Christie organization with an organization similar Whitman in August 1999, and he and Senator Robert Littell of Sussex County 4

introduced legislation (S1383) in June phosphorus is the main problem 2000 to create a Lake Hopatcong affecting Lake Hopatcong, it goes Commission. A companion bill, A2604, without saying that a key component of was introduced in the Assembly by the Lake Hopatcong Commission’s long- Assemblymen Guy Gregg, Michael term lake management efforts is to Patrick Carroll, Richard Bagger, and minimize phosphorus and other nutrient Richard Merkt. The measure passed inflows to the Lake. Because nearly 90 the New Jersey Senate without dissent percent of the phosphorus inflow is later that month and gained full caused by septic system leaching and Legislature passage, again without stormwater runoff, the Commission dissent, in November 2000. The supports local municipal efforts to legislation became law on January 8, replace septic systems with sewers and 2001, with an appropriation of $3 million wastewater treatment, to control for startup costs. The Commissioners stormwater runoff through better catch were appointed over the next few basin design and construction, and to months, and the first meeting of the regularly collect accumulated debris Lake Hopatcong Commission was held from catch basins. on May 21, 2001. Long-Term Measures -- Replace Septic Systems. Roxbury Township Managing Lake Hopatcong’s and Mt. Arlington Borough already have Water Quality Problems replaced their septic systems with sewers. By 2005, 50 percent of Lake Hopatcong’s water quality has Hopatcong Borough is expected to be been well studied for over 30 years, sewered, and Jefferson Township’s beginning with volunteer efforts by the officials are moving aggressively to LHRPB in the 1970s, comprehensive obtain funding to begin their sewer diagnostic studies conducted through installation program. The nearby U.S. Environmental Protection Agency Musconetcong Sewerage Authority is (USEPA) Clean Lakes Program Grants currently expanding its treatment in the 1980s, and ongoing water quality capacity to handle these new monitoring that continues to this day. wastewater loads. Once the four Lake Furthermore, the Lake Hopatcong Hopatcong communities are sewered, Commission has recently entered into a the Commission expects that over 40 cooperative research effort with the U.S. percent of the Lake’s phosphorus load Geological Survey to evaluate the will be abated. In the meantime, the Lake’s water flows and develop a water Commission is advocating regular budget. maintenance and pumping of existing septic systems. Although the Lake Hopatcong Commission is relatively new and is in Long-Term Measures -- Manage the process of defining its role in Stormwater Runoff. Clearly, the long- restoring and protecting the Lake, it will term challenge for the Lake Hopatcong continue to build on the twofold lake Commission is managing stormwater management strategy developed by the runoff. Because of its non-point-source LHRPB—conducting long-term and nature, stormwater runoff is more short-term corrective measures. As expensive and difficult to manage. For example, the four Lake Hopatcong 5

municipalities obtained $400,000 in Lake at this time and into the future. grants from USEPA in 1998 and Such studies evaluating the current conducted stormwater drain upgrades environmental status of Lake Hopatcong and dredging projects. are used as the drivers for setting future goals and management strategies for The Commission anticipates conducting the Lake. One of the Commission’s other projects to better manage legislative mandates is to develop a stormwater flows to the Lake in the stormwater and nonpoint source years to come. One major component management plan for the Lake of this effort includes rebuilding a Hopatcong region. The last number of existing catch basins around comprehensive water quality study of the Lake to make them larger and Lake Hopatcong was performed in deeper, thus allowing them to collect 1983. With the availability of funding, and retain more stormwater with its plans are underway to update this study associated nutrients from moving in the next year. This study includes the directly to Lake Hopatcong. These collection and analysis of a variety of catch basins will also include bases physical, chemical, and biological data (either gravel or perforated concrete) on both the Lake and its surrounding that will allow for infiltration of the water, watershed, which will lead to the which facilitates groundwater recharge development of an overall management as well as traps some of the nutrients in and restoration plan for the Lake and its the substrate. Catch basin replacement watershed. will be discussed in more detail below. Studying Lake Hopatcong’s Water Short-Term Measures – Harvest Quantity. Of equal importance is a Overgrown Aquatic Vegetation. In the water budget study that is being short-term, the Lake Hopatcong conducted jointly by the Commission Commission will actively continue a with the U.S. Geological Survey. The practice initiated in the 1980s— Survey had approached the mechanical harvesting of the excessive Commission early in 2002 about overgrowth of aquatic vegetation. working together to develop resource During 2002, the Commission harvested management tools for the Lake. nearly 2,400 tons of weeds – over Although Lake Hopatcong is an 4,800,000 pounds. Mechanical important natural resource, relatively harvesting will be discussed in more little is known about the hydrology within detail below. its watershed. Developing a realistic water budget is central to the management of any water resource, and Lake Hopatcong Commission especially for Lake Hopatcong, which is Initiatives considered to be an emergency source of drinking water for the State of New Studying Lake Hopatcong’s Water Jersey. The joint water budget study Quality. The Lake Hopatcong includes measuring inflows to the Lake Commission has continued the work of from streams around the Lake, gauging the Lake Hopatcong Regional Planning of the surface water outflow from the Board to monitor and evaluate the water Lake, and mapping the groundwater quality and quantity issues facing the aquifer underlying and surrounding the Lake. 6

basins for replacement, they also will be Managing Stormwater Runoff – Catch gathering other data to support the Basin Replacement. The long-term Commission’s efforts to inventory all of goal for restoring and protecting Lake the catch basins in the Lake Hopatcong Hopatcong is limiting, to the extent watershed as part of our mandate to possible, nutrient influx to the Lake. develop a regional stormwater There are a number of best management plan. By identifying these management practices that can be used major sources of stormwater runoff into for controlling nutrients, and the the Lake, the Commission will be in a Commission is moving to implement a better position to characterize the best long-term project to enlarge and deepen management practices for managing catch basins that drain to Lake and controlling these flows. The data Hopatcong. The practice, also called that will be collected include global catch basin retrofitting, retains positioning satellite (GPS) location data, stormwater within the catch basin and size and depth, and digital photographs allows it to infiltrate downward through a of each basin. These data will be gravel base or perforated concrete valuable for use with geographic base. Not only does this help to information system (GIS) software, recharge groundwater supplies, but it which will allow the Commission and also helps trap dissolved nutrients and other planning and public works other pollutants in the soil substrate and agencies to get a better “picture” of the solid debris—also a source of nutrient loading to Lake Hopatcong. nutrients—which can then be removed through regular catch basin cleaning. Once catch basins have been replaced, the Commission also plans to attach The Lake Hopatcong Commission has stormwater markers to the basins entered into discussions with Hopatcong indicating that the basins drain to Lake Borough and Jefferson Township to Hopatcong and warning citizens not to begin replacing catch basins in the fall dump wastes or chemicals down the of 2002 and the spring of 2003. drains. Memoranda of agreement have been prepared and approved, and the Mechanical Harvesting of Aquatic Commission will contribute the labor, Vegetation. As indicated above, materials, and equipment for the catch mechanical harvesting of the overgrowth basin projects, which will be constructed of aquatic vegetation has been practiced under the supervision of the on Lake Hopatcong since the 1980s. municipalities’ public works directors. Although the Commission recognizes The Commission will work with the that weed harvesting is treating the public works directors to choose symptom instead of the disease, i.e., candidate catch basins around areas of nutrient inflow, the mechanical removal the Lake with high nutrient loading, and of weeds does remove significant we hope to replace as many as 40 catch amounts of what is termed biomass, basins yearly. It is our desire to make which includes the organic material this a long-term project in all the four associated with the cut vegetation plus municipalities around Lake Hopatcong. the absorbed nutrients. Doing so eliminates an internal source of nutrients As our Field Operations staff conducts and slows the buildup of organic inspections to identify candidate catch 7

sediments, thus improving the Lake’s middle. When the two teams complete overall condition. the first harvesting cycle, which takes about 40-45 business days, they then The Commission purchased over $1 return to where they started and begin million in weed harvesting equipment— the second harvest. Each crew includes fully one-third of its startup two larger harvesters for the main appropriation—and hired a full-time channel cutting effort, a smaller Field Operations staff to operate this harvester for closer to the shore cutting, equipment and to conduct other lake a transport barge, a shoreline conveyor, management activities during the non- and a dump truck. harvesting months. The Commission owns six weed harvesters (four that The harvesters cut the vegetation down have 9-foot-wide cutting blades and two to 5.5 feet below the water surface, and that have 6-foot-wide cutting blades), then collect the weeds as they float to two transport barges, two dump trucks, the surface with a moving conveyor belt a utility truck, two shore conveyors, and behind the cutting blades. Each a Boston Whaler to support weed harvester can collect several hundred harvesting. We currently lease a pounds of weeds. When the harvester workshop on Lake Hopatcong through load is full, a transport barge attaches to an arrangement with Morris County Park the harvester and quickly transfers the Commission to provide onsite repair and vegetation. Then, the transport barge maintenance of the weed harvesting moves to the shore, where it attaches to equipment. We are also planning to a shoreline conveyor, which transfers build a permanent storage workshop the vegetation to a dump truck. The and facility for the winter storage and dump truck transports the vegetation to maintenance of the equipment, to be Morris County’s compost facility, where constructed at Hopatcong State Park. the weeds are mixed with leaves to The land for this building was set aside produce composted mulch. Morris within the legislation that created the County sells this mulch to landscapers Lake Hopatcong Commission. and gives it to county residents. Construction of this building is contingent on the availability of State Because the weed harvesting effort is funds. The Commission has currently so important to the Lake Hopatcong obtained the services of an residents, as well as a highly visible architect/engineering group to design activity, the Commission worked very the workshop/storage facility. hard to inform the Lake residents about the harvesting equipment, schedules, The Commission harvests vegetation- and plans, as well as respond to infested areas of the Lake (usually in the telephone and letter inquiries and shallow shoreline areas where sunlight concerns. We also produced news can penetrate the water column) at least articles, press releases, and spoke twice each year between May and the before several lake associations and end of October, and even more in clubs. We hosted a ribbon-cutting particularly heavily congested areas. ceremony at Hopatcong State Park on Staff are divided into two harvesting June 22nd to introduce and demonstrate teams of five each, each team starting the equipment to the Lake residents. its efforts at opposite ends of the 9.5- Local municipal, county, legislative, and mile-long Lake and working toward the state officials participated in the 8

proceedings and helped christen the determine whether the water supply harvesting equipment used on the Lake. piping system in Lake Hopatcong could again be made operational. The Lake To the best of our knowledge, the Lake Hopatcong Commission participated in Hopatcong Commission has the largest these discussions and provided fleet of weed harvesters in the United considerable information to the Authority States, and it is one of the only in its evaluation effort. The Commission operations that employ a full-time Field advocated that the State institute other Operations staff to conduct weed actions first to deal with the drought harvesting, stormwater management, problem and consider pumping of Lake and other lake management activities Hopatcong only as a last resort. year-round. During the first season of operation, and in only 5 months, the A key concern of the Commission was Lake Hopatcong Commission’s Field that 7.5 million gallons a day (MGD) of Operations staff removed over water were already draining from Lake 4,800,000 pounds of weeds from the Hopatcong through the Hopatcong State Lake -- an amount unlikely matched at Park dam, and those waters were the any other lake in the United States sole source of water for the conducting weed harvesting. Musconetcong River and Lake Musconetcong and eventually Representing Lake Hopatcong discharged into the Delaware River, Interests during State Drought another important source of drinking Emergency. New Jersey has been water for New Jersey communities. The affected by diminished precipitation in Commission believed that with the then- recent years, resulting in severe drought current 7.5-MGD discharge, pumping conditions. The State incurred below additional water out of the Lake, normal rainfall throughout 2001, and estimated at up to 25 MGD, could cause NJDEP issued a drought warning in considerable harm to the Lake, given October 2001 with the realization that that Lake Hopatcong already was 27 several major reservoirs were at 43 inches below what was considered full percent capacity. These dry conditions capacity. In fact, the Commission’s persisted into early 2002, and by environmental consultant projected that February, the State of New Jersey if the State began pumping 25 MGD out began exploring a number of options to of the Lake, Lake Hopatcong’s water alleviate the water supply problems. level would drop almost 12 inches within One option was to pump water from 30 days, resulting in a number of Lake Hopatcong to the nearby Boonton recreational, economic, environmental, Reservoir, which supplies water to the and water quality impacts. Jersey City area. Lake Hopatcong has long been designated an emergency On March 4, 2002, Governor source of drinking water for the State, McGreevey issued Executive Order #11, and pumps and supply pipes had been which declared a state of water installed during a drought emergency in emergency in New Jersey and instituted 1980. a number of response actions under the emergency powers conferred by the In February as the drought situation Water Supply Management Act. He worsened, the New Jersey Water also directed NJDEP Commissioner Supply Authority was directed to Bradley Campbell to take necessary 9

steps to alleviate the water emergency. ice damage to docks and seawalls was On March 11th, Commissioner Campbell almost a certainty, although it also ordered mandatory water restrictions recognized that there was no guarantee statewide and approved the exploration that the Lake water volumes would of transferring water from Lake return to normal in the following spring, Hopatcong. On March 15th, given the low precipitation in recent Commissioner Campbell followed up months, if drawdown were allowed. and issued Administrative Order 2002- 07, which included a directive to On August 2nd, Commissioner Campbell immediately reduce the discharge of announced a 1-year suspension of all water exiting Lake Hopatcong from 7.5 drawdown activities on Lake Hopatcong MGD to 4.4 MGD to conserve the water to conserve water supplies. The supplies within the Lake in preparation Commission sent a letter to for the possible pumping. The Commissioner Campbell on August 7th Commission continued to provide requesting that the 26-inch drawdown information to NJDEP on the potential still be allowed to protect docks and impacts of pumping, although the seawalls from ice damage. NJDEP’s decrease in discharge of water from decision anticipated that Lake Lake Hopatcong, plus some welcome Hopatcong’s water levels might drop rains, help bring Lake Hopatcong back naturally through evaporation, and that to full capacity. A decision to pump this natural lowering might be sufficient Lake Hopatcong never materialized, to protect properties from ice damage. although the drought emergency The Commission recommended that continues in New Jersey. NJDEP continue to monitor the water levels on Lake Hopatcong to ensure that Another drought-related issue emerged when icing might occur, the Lake would in July 2002 that pertains to the annual at least be at the 26-inch level. drawdown at Lake Hopatcong. To prevent ice from damaging docks and The Commission also sent a letter on seawalls, Lake Hopatcong has long August 12th to Commissioner Campbell practiced lowering the Lake annually in requesting that the State not allow the the fall by 26 inches and by 60 inches discharge of water from Lake every fifth year to allow for construction Hopatcong to exceed 4.4 MGD to and repair projects to occur. 2002 was maintain the Lake’s water levels, as well the year scheduled for the 60-inch as give the Hopatcong State Park staff drawdown. The NJDEP Drought the authority and flexibility to adjust the Coordinator considered recommending dam’s gates to maintain the water at to Commissioner Campbell that Lake optimum levels. The Commission also Hopatcong’s drawdown efforts be passed a resolution at its October 21st suspended for 1-year to conserve the meeting requesting that Commissioner water supplies in the Lake. The Drought Campbell authorize the 26-inch Coordinator conferred with the Lake drawdown of Lake Hopatcong. Hopatcong Commission several times Commissioner Campbell approved the on this matter, and the Commission 26-inch drawdown on October 28th. offered a number of pros and cons on whether to suspend the drawdown or The Commission’s Executive Director not. The Commission argued that participated in a “Beyond the Drought” without some level of water drawdown, expert roundtable sponsored by Rutgers 10

University’s EcoComplex and the New applications and proposals to the Jersey Corporation for Advanced Commission for review on whether the Technology on October 24th. The actions might have a potential issues raised at the roundtable will be environmental impact on the Lake or its used as the foundation for the revision watershed. Another provision requires of the New Jersey Water Supply Master the NJDEP to provide copies of any Plan later on this year by NJDEP. environmental permit applications to the Commission for similar review. Dredging a Sandbar by Brady Bridge. On August 11-14, 2000, an unusually As stated earlier, the Commission is heavy rainstorm produced 14 inches of solely an advisory body, so it has no rainfall and caused considerable authority to deny or veto a municipal site flooding and damage in the Lake plan or a NJDEP permit application. Hopatcong area. In particular, a However, the Commission’ conclusions significant amount of soil and sediment and recommendations on site plans are flowed into the Lake from nearby Lake considered carefully by the Shawnee and was largely deposited governmental bodies in their decision- immediately south of Brady Bridge, making. We consider this a highly which spans the northern end of Lake valuable tool for protecting the Lake and Hopatcong in Jefferson Township. its watershed, because the greatest Passage under the bridge is the only threat to any water body is human waterborne route for boats traveling into activities, and Lake Hopatcong is no and from the northern end of Lake exception. Hopatcong. Historically, the water depth under Brady Bridge is about 7 to 9 feet, However, not all municipal applications but the deposition of sediment lowered will have environmental impacts on the the water level to about 2 to 3 feet, Lake. Local planning boards have which resulted in a serious navigational considerable experience with urban hazard. sprawl impacts on the environment, and the Lake Hopatcong Commission has The Lake Hopatcong Commission has no desire to create another layer of initiated efforts to remove the sandbar bureaucracy or delays for applicants. caused by the 2000 flood. The The Commission and its environmental Commission set aside funds to manage consultant developed guidance and the dredging effort to remove the screening criteria for the four sandbar and has submitted the municipalities on Lake Hopatcong to use necessary permit application documents prior to forwarding municipal site to the NJDEP to conduct the removal applications on to the Commission for effort. We plan to remove the sandbar review. in 2003. On receipt of municipal site plan Reviewing Municipal Site Plan and applications, the Commission logs in the NJDEP Permit Applications. A unique documents and then forwards them to feature within the legislation that created the Commission’s environmental the Lake Hopatcong Commission is the consultant for review. Within 10 days of requirement that the Lake Hopatcong receipt, the Commission provides its municipalities provide copies of all consultant’s finding and planning, land use, and ordinance recommendations to the municipalities 11

for their consideration. Over the first 18 Working Jointly with Other New months of this emerging activity, the Jersey State Agencies. The Lake Commission has reviewed 40 municipal Hopatcong Commission recognizes that site applications. other New Jersey State entities are involved in protecting the Lake. As In the area of NJDEP permit application indicated earlier, the Commission is reviews, the Commission has been already coordinating with the Division of actively involved in reviewing aquatic Parks and Forestry at Hopatcong State pesticide applications on Lake Park because we will be constructing Hopatcong. Many homeowner groups our workshop/storage facility on the on Lakes obtain the services of State- park’s grounds. Furthermore, the licensed aquatic pesticide applicators to Commission is aware of the park’s conduct chemical treatment of aquatic shortage of storage space within its vegetation in an effort to reduce existing facilities and would be receptive overgrowth. The Commission has to discussions with the Division of Parks worked closely with the NJDEP Bureau and Forestry about joint funding and of Pesticide Compliance to develop usage of a larger workshop/storage review procedures on such planned facility. We also have assisted the park aquatic pesticide applications in Lake by trucking in several truckloads of Hopatcong. On receiving aquatic topsoil from the Morris County pesticide applications affecting Lake composting facility on our return trips Hopatcong, the Bureau of Pesticide after disposing of harvested aquatic Compliance forwards them to the Lake weeds. The park used the topsoil Hopatcong Commission for review, around its picnic areas. We believe which typically results in there are many opportunities to work recommendations being generated with Hopatcong State Park to enhance within 10 days that are forwarded back the recreational value of Lake to NJDEP. During the 2002 season, Hopatcong. the Commission received and commented on 19 aquatic pesticide The Commission’s staff also have met applications. with the New Jersey State Police staff from the Lake Hopatcong Station on The installation and repair of docks, several occasions to discuss the piers, and boathouses also require placement of warning buoys on the Lake NJDEP permits, in this case stream and how best to ensure that boat speed encroachment permits. Because this regulations are communicated to Lake activity has long been managed by the residents. Finally, we also are Hopatcong State Park Superintendent coordinating fishery management prior to the onset of the Commission, activities at the lake with the Division of the Commission has worked closely with Fish & Wildlife. For example, we the Superintendent to ensure that Lake consulted with the principal fisheries Hopatcong residents follow the proper biologist prior to our weed harvesting procedures for obtaining stream program to ensure that our harvesting encroachment permits prior to efforts would not harm spawning areas construction activities affecting the and other sensitive habitats. Lake’s shorelines. Working Jointly with the Lake Hopatcong Municipalities. The Lake 12

Hopatcong Commission’s role is to the goals for the Commission. For provide leadership on managing the example, most of the Lake Hopatcong environmental affairs that affect Lake municipalities already have ordinances Hopatcong. Yet, this leadership effort that ban or limit the use of phosphorus- must be tempered with the realization containing lawn fertilizers. The that there are existing municipal and Commission has begun gathering and county programs, staffs, and reviewing the existing municipal ordinances, so one of the Commission’s ordinances to find where there are strategies is to help the municipalities protection gaps or where more understand the role of the Commission consistency is necessary. We already and how our involvement can are seeing some accomplishments to complement their ongoing activities, this effort. For example, Jefferson rather than give the impression that the Township is considering an ordinance “new kid on the block” wants to take regulating the use of water bubblers, over their responsibilities. Our efforts which are used to protect docks by have focused on doing a good job on preventing ice from freezing. The important issues, such as the Commission had been alerted to emergency drought, to demonstrate to problems of misuse of such water the Lake Hopatcong municipalities how bubblers by Jefferson Township the Commission can provide leadership residents. We queried the other and speak on their behalf. municipalities about bubbler system ordinances, found one that was in effect As the Commission operations became in Hopatcong Borough, and passed it on fully operational, the Chairman and to the Jefferson Township Manager. Executive Director visited with municipal The Jefferson Township Council is and county officials to introduce the currently holding hearings on the Commission and share resources. proposed ordinance. Presentations were given before all four municipal council public meetings. We Working Closely with the Lake are also trying to help the public works Hopatcong Residents. The departments in the municipalities Commission staff has worked long and become more sensitive to how their hard to cultivate a “good neighbor” activities can impact the Lake. With the relationship with the public. Our help of citizen alerts, we have brought a strategy is the same as used by service number of soil erosion problems to the industries: Work with each customer municipalities’ attention for proper one at a time, and cultivate a oversight and review. Furthermore, the relationship. Happy customers will Commission is planning to sponsor a share their experience with 10 people; workshop for local and county unhappy customers will tell 20 people authorities on best management about their bad experience. Thus, we practices to protect Lake Hopatcong reach out to the Lake Hopatcong when conducting public works activities. residents who call or visit the office, and we respond to all letter inquiries. We One particularly effective tool feel that it is important to convey that municipalities can use to protect Lake while we represent the State, we also Hopatcong is ordinances, and working represent the people of Lake with the municipalities to develop Hopatcong. uniform, or model, ordinances is one of 13

We have spoken to several public or necessary permit forms, copies of local private organizations about the ordinances, and guidance on how to Commission’s activities and plans, and ensure that their applications are we have given presentations to students complete. at local schools. We also have written commentaries that have been widely Facilitating Development of a Lake published by local newspapers, and our Hopatcong Emergency Response staff and Commissioners have appeared Plan. In recent years, Lake Hopatcong in several cable and local television has been affected by a major flood, a interviews. Literally hundreds of plane crash, vehicles driven into the telephone calls from Lake Hopatcong Lake, chemical and sewage spills, a residents have been received, questions number of boat fires and sinkings, and have been answered, and informational even some fatalities. A key area of materials have been mailed. Visitors interest to the Commission is drop by on a regular basis and are emergencies that occur adjacent to, in, always welcome. and on Lake Hopatcong because these may result in causing environmental A key component of our outreach plans harm to the Lake, especially from spills for the Lake Hopatcong community is (e.g., fuels, chemicals, sewer backups). the use of the Internet through a Commission website. Staff has been We acknowledge that police, fire, exploring the steps necessary to design emergency management, and public and maintain a Commission website. works operations at the municipal, Fortuitously, their research including county, and state levels already have contacting the N.J. Office of Information training, staff, equipment, and response Technology, which manages the State plans for emergencies. Our concern is of New Jersey’s websites. The office is whether these existing plans include currently designing the Commission’s general or specific provisions related to website and will help with its emergencies in, on, or adjacent to Lake maintenance at no charge. The planned Hopatcong. At this time, such plans do architecture for the website includes an not address Lake-specific emergencies. overview of the Commission, pictures Our interest is to facilitate dialogue and biographies of Commissioners and among these organizations to ensure staff, public meeting schedules, updates that Lake Hopatcong’s environmental on Commission activities, press needs are addressed in their plans, or releases and other public information, whether it would be a useful exercise to and pictures of Commission activities. develop a joint emergency response We hope to have the website up and plan specific to Lake Hopatcong. In running before year’s end. discussions with the NJDEP Bureau of Emergency Response officials, they are The Commission also assists Lake enthusiastic about our plans and believe Hopatcong residents seeking to build that it may result in the first emergency docks, piers, and boathouses. As response plan in the United States that indicated above, such building plans is specific to a Lake. require NJDEP permits, but homeowners also need to obtain Managing Placement and permits from municipal construction Maintenance of Buoys on Lake departments. We provide them with the Hopatcong. NJDEP has traditionally 14

been responsible for the annual regular basis, our Field Operations staff placement, removal, and maintenance can handle the workload, and taking on of warning buoys on Lake Hopatcong. this effort will free up the State Police to This effort, which is managed by the be able to spend more of their time on Coastal Engineering Unit of NJDEP, Lake Hopatcong focused on protecting requires its staff to come up to Lake the public. Furthermore, the Coastal Hopatcong from Toms River for several Engineering Unit will not need to travel days each year to place and remove the back and forth to Lake Hopatcong, and buoys. NJDEP then relies on the N.J. can focus its attention on more coastal State Police unit on the Lake to ensure matters. We expect that Coastal that the buoys are where they should be Engineering will provide sufficient funds and remain undamaged. for the Commission to maintain and replace the buoys, and we will be The Commission has entered in coordinating our plans as well with the discussions with the Coastal State Police. We are currently Engineering Unit proposing to assume developing a proposal for the Coastal the management and maintenance of Engineering Unit’s review and the buoys on Lake Hopatcong. Our consideration. onsite presence on the Lake ensures that our staff can monitor the buoys on a

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Issues Affecting the Lake Hopatcong Commission

Will the State Continue to Fund the million appropriation to continue Commission? Lake Hopatcong is held operating until the next State budget in trust by the State of New Jersey and cycle in Fiscal 2004. Although the is owned by the citizens of the State. It Commission has submitted a budget is the largest Lake in the State, it is the request to Trenton, the persisting home to over 65,000 residents, it is question is “Will the State continue to frequented annually by some 500,000 fund the Commission?” visitors, it is one of the best freshwater fisheries on the East Coast, and it is The Commission recognizes that money considered by the State of New Jersey is tight in New Jersey, and the to be an emergency source of drinking September 11, 2001 attacks have water. Because of the Lake’s many affected the economy from the local resources, businesses, and amenities, level to the global arena. In New millions of dollars in tax revenues are Jersey, all State programs have suffered generated for the State annually. Yet, in cutbacks in recent years, and State 2002, within 1 year of the creation of the officials are being asked to tighten their Lake Hopatcong Commission, the State budgets. of New Jersey did not provide funding to the Lake Hopatcong Commission as Nevertheless, it is a key premise of one of many measures taken to address State government to work for the public the State’s budgetary deficit. good and to enhance the quality of life for the people in that State. This is why One of the primary reasons the Lake the State supports a Department for Hopatcong Commission was created Environmental Protection. All New was to ensure a consistent source of Jerseyans support protecting the funding to protect the Lake. The environment, and we should be taking a predecessor organization—the Lake stand to protect the largest water body Hopatcong Regional Planning Board— in the State. Lake Hopatcong is, after struggled for years to protect Lake all, owned by the State of New Jersey, Hopatcong because of the Lake of so all New Jerseyans own the Lake. insufficient funding. Supporters of the But it is not just people in New Jersey legislation that created the Commission who benefit from Lake Hopatcong; saw Lake Hopatcong as a vital natural visitors come from all across the New resource to the State, as well as a York Metropolitan area, as well as from valuable revenue-generating entity that much of the Eastern seaboard, to visit contributed to the State’s finances. the Lake. Many people have vacation homes on Lake Hopatcong, and others Although the no-funding action has have retired and chosen Lake seriously curtailed the Lake Hopatcong as their final retirement management efforts of the Lake home. Hopatcong Commission, the Commissioners reprogrammed the The State needs to make the unspent balance of the original $3 commitment to protect and restore Lake

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Hopatcong for the long term. This is not Lake for future generations. The Lake a simple or quick fix. The Lake’s water Hopatcong Commission was quality has been deteriorating for established to manage the watershed. several decades, and the Lake now is in The Commission needs to be given the a state of severe eutrophication. It is chance to do the job for which it was critical to stop the downturn—now—and created, and the State needs to commit take the necessary long-term to consistent funding. management measures to protect the

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Appendix A Lake Hopatcong Commission, 2001-2002 Members and Alternates

Anthony J. Albanese Richard Hodson Bridgewater, NJ Hopatcong, NJ Chairman, Governor’s Appointee Commissioner, Hopatcong Borough

Robert Aughey David Jarvis Mt. Arlington, NJ Lake Hopatcong, NJ Commissioner, Mt. Arlington Borough Commissioner, Morris County

Colleen DeStefano Kenneth Klipstein Oak Ridge, NJ Califon, NJ Commissioner, Jefferson Township Commissioner, NJDEP

Eric Grove Lorraine Lees Hopatcong, NJ Lake Hopatcong, NJ Commissioner, Sussex County Commissioner, Governor’s Appointee

Samuel Hoagland Richard Zoschak Hopatcong Borough, NJ Landing, NJ Commissioner, Governor’s Appointee Commissioner, Roxbury Township

Vacant NJ Department of Community Affairs

Patrick D’Onofrio Robert Mitchko Rockaway, NJ Lake Hopatcong, NJ Alternate, Morris County Alternate, Jefferson Township

William Doran Brandon Phillips Mt. Arlington, NJ Landing, NJ Alternate, Mt. Arlington Borough Alternate, Roxbury Township

Daniel McCarthy John Risko Hopatcong Borough, NJ Andover, NJ Alternate, Hopatcong Borough Alternate, Sussex County

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Appendix B Lake Hopatcong Commission, 2001-2002

Commission Staff

Donald V. Feliciano, Executive Director

William G. Clark, Director of Field Operations

Donna Macalle-Holly, Administrator

Field Operations Staff

Michael Calderio Salvatore Cottone, Jr. Matthew F. Hofgesang Barton R. Marke Aitor Ostolaza John F. Parks Robert J. Place

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