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HR 4/27/2007 By BRUCE A. SCRUTON and BILL WICHERT Herald staff writers NEWTON — It is a formidable opponent, able to pull in its legs and head and hide in a five-inch shell, when it is not hiding in the muck and mire of a waterway. And with state and federal protected status, the humble bog turtle may just win this new battle over how to protect its dwindling homeland swamps, waterways and bogs. Early this week, state Environmental Protection Commissioner Lisa Jackson announced sweeping proposals which would reclassify more than 900 miles of rivers and streams as Category One, affording them the highest level of protection. Among restrictions are building within 300 feet of the stream, strict limits on stormwater management for developments and sewage treatment which produces water going into a stream as clean as what's there. "At first blush, it's not good,'' said Freeholder Glen Vetrano. "We have made long-term plans based on rules which were laid out,'' he said. "Now they change the rules? Where does this leave Sussex County's future? One word, 'bleak'." In Sussex County, the new designations cover all the tributaries and lakes which feed into the Wallkill River, which rises up in Sparta and flows north into New York State. On the southern end of the county, similar protection is being sought for the Pequest River, which begins just south of Newton and flows through Andover and Green then through Warren County. And it is Warren County that the state is trying to protect. In its proposal, DEP said the Pequest represents 80 percent of the bog turtle's remaining habitat in Warren County and while at one time the turtle was spread over much of the state, there are now viable populations only in Warren, Hunterdon, Salem and Sussex counties. Even more dire predictions were made for the Wallkill where, the report notes, more than a third of the state's documented, individual bog turtles live. The turtle is on the federal threatened species list and the state lists the turtle as endangered. The new focus on water, on top of already tight development restrictions, is causing Sussex County to launch a full-scale study of just how much less land will be available for development. County Administrator John Eskilson said planners have been working with GIS maps and the proposed regulations to exactly pinpoint what areas would be protected from development. GIS, or Geographic Information System, uses software and a database to analyze and create maps for planning and decision-making. Not only do planners, but wildlife specialists use the GIS technology to help pinpoint sources of pollution and how it gets dispersed through the environment. Eskilson said some of the restrictions seem to contradict earlier designations of town centers and areas where sewer systems would be built. "It's just a continuation of the state's ever-growing regulations in this area." He said this proposal, along with Water Quality Management Plan Rules, also released on Monday, would have a much more profound effect on the county than the Highlands. While on a map, the Highlands Master Plan appears to gobble up a large part of the county, Eskilson said a GIS analysis showed there is really only 11,000 acres affected. "Most of the land in the preservation area is already under other restrictions," he explained. "It's owned by the state or the federal government. Even Newark Water Works owns big chunks of the land." State Assemblywoman Alison Littell McHose, R-Sussex, called the state's proposal "an outrageous usurpation of the rights of thousands of New Jersey taxpayers." In a news release, she said the plan is an attempt by DEP "to take out its frustration on the Highlands region, and the residents of that area, for political purposes. "This Administration and other Democrat governors before have long sought to regulate and control the Highlands against the wishes of the people who live there." The debate over the Category One regulations also surfaced Thursday at a public forum on statewide economic development initiatives in Madison in Morris County. The forum aimed at showcasing the state's efforts in attracting new jobs and helping New Jersey compete on a global level. The state, however, is sending mixed messages with these proposed water regulations, Sussex County Chamber of Commerce President Tammie Horsfield told the crowd of more than 100 people at The Madison Hotel. "Those designations will cripple Sussex County," Horsfield said, because urban areas receive an unfair advantage over rural Sussex County in receiving state dollars. "What's happening is it's making it harder for us to do business," she asserted. "We now feel there is someone behind us changing the rules." Deputy DEP Commissioner Adam Zellner said the Category One regulations should have a smaller impact on the county because it has already outlined its development goals in the state-endorsed Sussex County Strategic Growth Plan. Development and redevelopment will still occur, but in a "tighter picture," Zellner said. The new regulations provide scientific parameters for protecting the state's most high-quality waters, especially given development pressures and the threat of flooding, Zellner said. Through the new wastewater management rules, the DEP is bridging its regulatory and planning functions in terms of future growth, he said. "The real issue is the quality of the water. This is the beginning of the process," he said. "We must step forward and come to a scientifically based conclusion." When it comes to the bog turtle, federal Fish and Wildlife Service and state biologists know much about the reclusive reptile, which takes six to eight years to mature and can live 30 years in the wild. Reclusive, they spend much of their time barely covered in the muck at the bottom of a bog. Because they will eat almost anything, they are extremely sensitive to their environment. In the 1970s, Bergen, Camden and Middlesex counties supported bog turtle populations in most of their watersheds. Over the past four decades, the turtles have disappeared from Bergen and Camden counties and in Middlesex County there was one questionable bog turtle occurrence, according to a state report on the Bog Turtle Project. Vetrano said Sussex County officials are concerned about water, water quality and the environment, but there is also the question of sustained, sensible development, a healthy tax base and a secure lifestyle. Then he asked: "At what point in time does human survival become compromised for a bog turtle?" |