Natural and Historic Resources, Engineering and Construction
Flood Control Section

Notice of Rule Proposal
Flood Plain Redelineation of Bound Brook
N.J.A.C. 7:13-7.1

Public Notice
Take notice that the New Jersey Department of Environmental
Protection (Department) proposes to amend N.J.A.C. 7:13-7.1,
Delineated Floodways, in order to revise the current flood hazard
area map and water surface profiles for a 3,350-foot reach of
Bound Brook, from a point just west of Hamilton Boulevard to
Belmont Avenue, within the Borough of South Plainfield, Middlesex
County. N.J.A.C. 7:13-7.1 delineates floodways and flood plain
areas associated with New Jersey’s streams and rivers.
These delineations are used in the implementation of the Flood
Hazard Area Control Act (FHACA), N.J.S.A.58:16A-50 et seq.

The current flood hazard area map and profiles were adopted
by the Water Policy and Supply Council on May 21, 1979. The
proposed amendments would delineate a slightly wider floodway
at the Hamilton Boulevard pedestrian bridge crossing and a narrower
floodway for the remaining portion of the revised reach. The
flood levels shown in the profiles for the portion of the affected
reach from the first railroad crossing upstream of the Hamilton
Boulevard bridge, upstream to Belmont Avenue are proposed to
be lowered; the height of both the 100-year flood profile and
the New Jersey Flood Hazard Area flood profile would range between
six to 12 inches lower in this portion of the affected reach.
The proposed amendments would also update the flood hazard area
boundaries on the map, for those portions of the reach for which
detailed survey information is available (e.g., for the Clayton
Concrete property, Block 255 and Lot 8.01).

The Department is undertaking this rulemaking in response to
a request, made by Marinoware, Inc., (Marinoware). Marinoware
is interested in developing the Clayton Concrete parcel, which
is adjacent to its own facility. Portions of the Clayton Concrete
property lie in the floodway, as currently promulgated, and
the proposed development of that portion of the site would be
prohibited pursuant to the Flood Hazard Area Control Act. Marinoware’s
consultants presented their own hydraulic computer modeling
to demonstrate that the current floodway delineation map is
based on inaccurate information. The results of their modeling
demonstrated that it would be proper for the Department to relocate
the floodway boundary along Metuchen Road, closer to Bound Brook.
Metuchen Road runs along the section of the Clayton Concrete
property boundary that is closest to Bound Brook. This relocation
of the floodway boundary would result in the portion of the
Clayton Concrete parcel, now classified as lying in the floodway,
as being reclassified as lying in the flood fringe area. Under
the Flood Hazard Area Control Act, regulated development can
be allowed in a flood fringe, provided the property owners obtain
a Stream Encroachment Permit from the Department’s Land
Use Regulation Program and any required local permits.

The Department’s review also confirmed that there had
been input bridge coding errors in the original modeling on
which the promulgated flood plain delineation map was based.
These coding errors were corrected. Marinoware’s consultant
provided the Department revised modeling, which was accepted
by the Department.

The Department has concluded that the floodway as shown on
the currently promulgated map, and the associated water level
profiles, are inaccurate due to the defects in the information
used in the original hydraulic modeling. To correct the identified
inaccuracies, the Department is therefore proposing herein to
amend the flood plain delineation map. The amendment, if adopted,
would remove the Clayton Concrete property as well as portions
of several adjacent properties east of Metuchen Road from the
floodway. The Department has verified that the proposed redelineations
and lowered profiles meet the State’s floodway delineation
criteria and would make the map and profiles more accurate.
The proposed redelineation is consistent with the purposes of
the FHACA and the State’s rules. The proposed flood plain
delineation and flood profiles are specifically identified on
the following plate:

State of New Jersey
Department of Environmental Protection
Division of Water Resources
Delineation of Floodway and Flood Hazard Area
Bound Brook
Sta. 1488+00 to Sta. 1545+10
Borough of South Plainfield
June 1977 Plate No. 7

The proposal is scheduled to be published in the New Jersey
Register dated on March 17, 2003. A copy of the proposal is
available from: John Scordato, NJDEP, Flood Plain Management
Section, P.O. Box 419, Trenton, NJ 08625 or (609) 292-2296;
and Westlaw Publishing at 1-800-808-WEST. Be advised that there
may be a fee for obtaining a copy of the proposal from some

A public hearing, concerning the proposal to amend the State’s
delineation, is scheduled as follows:

April 16, 2003, at 10:30 am
New Jersey Department of Environmental Protection
Division of Engineering and Construction
Hudson Room, Second Floor
5 Station Plaza
501 East State Street
Trenton, New Jersey 08625

Written comments may be submitted by May 16, 2003 to:

Gary J. Brower, Esq.
Attn: DEP Docket Number 04-03-02/361
Office of Legal Affairs
Department of Environmental Protection
P.O. Box 402
Trenton, New Jersey 08625-0402