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GARDEN STATE ENVIRONEWS 020624

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Jun 25, 2002, 12:27:15 AM6/25/02

020624

GARDEN STATE ENVIRONEWS

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TABLE OF CONTENTS
~~~~~~~~~~~~~~~~~
{*} SENATORS TO SUBPEONA WHITE HOUSE FOR AIR POLICY DOCS
{*} TUMULTUOUS TIMES CONTINUE FOR THE PINELANDS COMMISSION
{*} HIGHLANDS COMMISSION A BAD IDEA
{*} SAMPLE LETTER TO GOV. ON TERRIBLE SMART GROWTH PRECEDENT
{*} BUILDER'S PLAN UPSETS SOME IN KINNELON
{*} D&R CANAL WATER QUALITY CONCERNS
{*} FEDERAL RULES FAIL TO PROTECT NJ FLORA
{*} URGE GOVERNOR TO NOT BACK DOWN ON LIBERTY PARK
{*} BOMARC BASE CONTAMINATION TO BE REMOVED
{*} STUDY; EARTH CAN'T MEET HUMAN DEMAND FOR RESOURCES
{*} VOLUNTEERS, PARK RANGERS KEEP EYE OVER ENDANGERED BIRDS
{*} VOLUNTEERS RESTOCK OYSTER BEDS
{*} OFFICIALS UNITE TO SAVE TROY MEADOWS WETLANDS
{*} GARDEN STATE EARTH INSTITUTE AT SUSTAINABILITY CONFERENCE

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SENATORS TO SUBPEONA WHITE HOUSE FOR AIR POLICY DOCS

Date: 020624
From: http://www.sej.org/

SENATORS TO SUBPOENA WHITE HOUSE
DOCUMENTS ON AIR POLLUTION REGULATIONS SOUGHT

By Eric Pianin, Washington Post, June 24, 2002

Senate Environment and Public Works Committee members intend to
subpoena the Bush administration this week for documents and e-mails
related to a recent decision to relax restrictions on emissions from
older coal-fired power plants and refineries.

Committee chairman James M. Jeffords (I-Vt.), a staunch critic of the
administration's clean air policies, has been pressing for months to
obtain documents describing the administration's deliberations, the
likely impact of the proposed rule changes on air quality and
enforcement efforts, and the role of the utility industry in shaping
the new rules.

The brewing fight over documents highlights the growing tension
between lawmakers and the administration over President Bush's
environmental and energy policies. Late last month, Sen. Joseph I.
Lieberman (D-Conn.) issued the first congressional subpoenas to the
administration, after accusing the White House of stonewalling his
committee's demand for records about Enron Corp. Lieberman, chairman
of the Senate Governmental Affairs Committee, declared, "No White
House can be immune from congressional oversight."

The Environmental Protection Agency provided Jeffords's committee
with about 700 pages of documents and spreadsheets last month, but
committee staff members said that most of the pages are blank and that
the rest is "incomprehensible" or "unusable." Jeffords said that,
unless the administration relents, he and Democratic committee members
will vote Thursday to issue two subpoenas demanding that the EPA
provide voluminous records concerning interagency discussions and
meetings and correspondence from outside interest groups.

"It is hard for me to understand why they are holding back documents
that have no other purpose but to show the truth of the status of the
pollution and its impact . . . on our country," Jeffords said in an
interview Friday. "The public has a right to know this, and we [on the
committee] certainly do."

EPA officials say they intend to provide the committee with
additional information, but not until the Office of Management and
Budget has reviewed the proposed rule changes, a process that could
take up to three months to complete.

EPA Administrator Christine Todd Whitman on June 13 announced
proposals for changing air pollution rules to give utilities far more
leeway to upgrade or expand their power plants without being required
to improve their pollution- control equipment, as is currently the
case. The long-awaited "New Source Review" rule changes had been
sought by utility and refinery industry leaders, who complained that
aggressive enforcement policies under President Bill Clinton
discouraged investments in power-generating plants and energy-
efficiency initiatives.

The agency plans to formally transmit the proposed changes to the OMB
some time within the next week or two, according to officials.

"If Senator Jeffords subpoenas us even before we send the stuff to
OMB, we think that's jumping the gun," said Joe Martyak, an EPA
spokesman. "We think the appropriate time to turn over the material is
after the proposed rules changes have gone through the OMB and into
the Federal Register."

Environmentalists and many lawmakers have denounced the proposed rule
changes as a massive rollback of Clean Air Act protections to benefit
Bush's utility-industry backers. Jeffords and Senate Judiciary
Committee Chairman Patrick J. Leahy (D-Vt.) are planning a joint
hearing this summer to delve into the decision-making behind the
proposed changes.

The Environment and Public Works Committee has been seeking
information on those deliberations from a number of agencies for over
a year, including a Dec. 14, 2001, request for a range of documents
that Jeffords and committee aides later conceded was overly broad.

The committee subsequently agreed to scale back its request to
documents maintained by the EPA regarding the New Source Review
rule-making, ongoing enforcement cases, technical analyses of the
potential impact on the environment of various rule changes under
consideration, and a list of interagency contacts and "substantive"
meetings with outside groups and parties.

However, the first installment of documents delivered to the
committee May 3 included mostly redacted material concerning pending
enforcement cases against utilities. Edward D. Krenik, an associate
administrator at the EPA, advised Jeffords in a letter that the agency
had withheld numerous documents regarding power plant emissions and
analyses of potential reductions under the proposed rule changes.

Jeffords and committee staff members say they have grown frustrated
with the administration and are determined to force the release of the
information unless EPA officials begin to cooperate in the next day or
two.

"We have a legitimate role as the committee of jurisdiction to ask
for the information, and they have the responsibility to provide it in
a timely fashion," a senior committee aide said.

* * *

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TUMULTUOUS TIMES CONTINUE FOR THE PINELANDS COMMISSION

Date: 020623
From: http://www.newsday.com/

Associated Press, June 23, 2002

Tabernacle - The forests, farmland and cranberry bogs of the
Pinelands seem far removed from the wrangling of politicians.

But the 1.1 million-acre preserve, which spreads across a fifth of
the state, has itself been the subject of political arguments for
years, and there's more to come.

Seven members of the Pinelands Commission will see their terms expire
next week, and Gov. James E. McGreevey has delayed new appointments to
the 15-member panel for months to deal with the state's budget
deficit.

Meanwhile, the commission is in the midst of reviewing its master
plan for the region at a time when rapid growth threatens areas slated
for conservation.

"It's harder and harder to get a consensus," Michele Byers, executive
director of the New Jersey Conservation Foundation, told The New York
Times. "In the early years, there was never a question on getting
eight votes to make the right decision to conserve the resource. Now,
without appointments, the commission is not able to move ahead."

The Pinelands Commission traces its origins to former Gov. Brendan
Byrne's administration in the 1970s. The state Pinelands Protection
Act of 1979 was intended to preserve farms and undeveloped land while
heading off "piecemeal and scattered development."

The commission includes seven gubernatorial appointees, one person
appointed by the secretary of the U.S. Interior Department and one
representative from each of the Pinelands counties: Atlantic,
Burlington, Camden, Cape May, Cumberland, Gloucester and Ocean.

Current members include a nuclear engineer, a former gym teacher,
farmers, professional planners and others.

The last several years have not been easy for the commission.

Two years ago, the respected executive director of the commission
staff, Terrence D. Moore, resigned unexpectedly after the panel eased
zoning rules. He had held the post for two decades.

William F. Harrison, a longtime assistant staff director, faces
disciplinary action for insubordination, something both he and the
commissioners decline to discuss.

And Moore, who now works for the National Park Service in
Philadelphia, said the 60-member staff often receives more building
applications than it can handle.

"If it continues, it makes it hard for the staff to focus on some of
the larger issues," he said.

Environmentalists, who feel Pinelands protection has suffered since
Gov. Christie Whitman was first sworn in, want McGreevey to appoint
conservation-minded people to the commission.

"There have been terrible precedents and a lot of red flags," said
Carleton Montgomery, executive director of the Pinelands Preservation
Alliance. "We've told the governor that he's got to make the
commission much greener."

Meanwhile, builders are pushing for friends of development. Rick Van
Osten, executive vice president of the Builders League of South
Jersey, said he submitted builders' names to the governor's office.

"The commission has done zip to provide for infrastructure," Van
Osten said. "They don't understand housing. These towns are no longer
the masters of their own destinies."

* * *

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HIGHLANDS COMMISSION A BAD IDEA

Date: 020623
From: Daily Record

Opinion, June 23, 2002

By Rep. Rodney P. Frelinghuysen

Much recent attention has focused on the question of how best to
protect the Highlands, that spectacular array of more than 2 million
acres of scenic and natural wonders interspersed among many
communities in New Jersey, New York and Connecticut.

With the right balance of conservation spirit, pragmatism and good
public process, I am convinced that we can find the answers that work
for this special landscape and for all who care about and depend upon
its abundant resources.

Finding such a balance may not be simple. But it certainly is not
without precedent.

About 10 years ago, as chairman of the New Jersey Assembly's
Appropriations Committee, I was pleased to join with my colleagues to
begin the purchase of Sterling Forest, a Highlands cornerstone that
even then had been the subject of a decades-old land-use struggle.

More recently, this effort moved to the U.S. Congress when the House
Appropriations panel on which I serve funded the landmark deal in 1996
to secure more than 17,000 acres of Sterling Forest's irreplaceable
open space.

Sterling Forest stands alone as a conservation success story, but it
also offers a model for effective conservation of the Highlands at
large, and we ignore its lessons at our peril. Here, the formula for
success began with a broad consensus among community leaders and the
public at large, and it continued with a specific agreement with the
affected landowners (negotiated, in this case, by the nonprofit Trust
for Public Land) that spelled out clear, achievable timing and
financing for the acquisition.

And just as significantly, it included well-defined, widely accepted,
complementary roles for all levels of government and for a diversity
of private interests.

These are the elements that get the results we need here in New
Jersey, and that get the money we need from Washington.

Over the past few years, this same partnership recipe has whipped up
increasing levels of federal funding to protect a growing number of
Highlands resource properties.

Federal funds from a number of agencies along with considerable
state, county, municipal and private philanthropic commitments, have
preserved vital portions, what the poet Robert Frost termed
"considerable specks" of our Highlands.

Other key lands have been preserved on a targeted, "willing-seller"
basis at the Wallkill National Wildlife Refuge, a designated federal
area in the Highlands.

And more broadly, Congress at my request directed the U.S. Forest
Service to prepare a soon-to-be-completed study of the Highlands' rich
tapestry of public values, from watershed protection to outdoor
recreation opportunities, so these diverse efforts can be better
aligned for strategic Highlands conservation.

This newspaper and others have been filled of late with coverage of
proposals to "save the Highlands," not only in New Jersey but across
state lines.

In order to learn from past successes, and avoid past fiascos, any
system-wide proposal needs to he measured against the same yardsticks
described above: broad-based community endorsement, the support of
landowners, true partnerships and practical limits including
constraints on public funding.

Candidly, I do not believe that additional layers of land-use
regulation, including the "Highlands Commission" recommended by some,
are appropriate, or that they can even come close to meeting these
standards.

Other ideas, including the Highlands Stewardship Act. may at some
point in the future be a useful route in terms of consensus and
craftsmanship as long as the public, especially landowners, endorse
the concept.

As an ardent Highlands conservationist, I will support any effort
that truly will bring more federal help to this remarkable area while
respecting the interests of local and state governments, landowners
and the public.

Whether or not there is a "big-picture" approach that assures these
ends, I assure you that we will be working in Washington to fund the
community-supported, willing-seller conservation lands that comprise a
vital part of the Highlands mosaic.

- - -

Rep. Rodney P. Frelinghuysen, a Republican from Harding, represents
the 11th District in the House of Representatives.

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SAMPLE LETTER TO GOV. ON TERRIBLE SMART GROWTH PRECEDENT

Date: 24 Jun 2002
From: "Abbie Fair" {af...@anjec.org}

We need letters to POUR into the Governor's office. DEP is about to
issue a decision about extending a second sewer line into prisitine
Washington Valley, Morris Twp. for a very large commercial Continuing
Care Retiement Community. An approval would set a TERRIBLE precedent
as it would mean extending an extraneous sewer line into Planning Area
5, contrary to the State Plan. The sewer line would service the large
complex, be dedicated to the Township and lay the Township open to
suits from landowners along the way to break zoning.

SAMPLE LETTER:

James McGreevey, Governor
Statehouse, PO Box 001
Trenton, NJ 08625

Dear Governor McGreevey:

I urge you to direct DEP to reject the WMP amendment proposal for the
Continuing Care Retirement Community in Morris Twp, Morris County.
There are three important reasons you should do this.

1. DEP infrastructure loan staff required the only Level 3
Environmental Review ever conducted in New Jersey for an
application to extend sewers several years ago because of its
location upstream from trout production waters, in the headwaters
of the Whippany, and the minimum amount of existing development.
DEP required strict conditions to allow for remediation of failing
septics only and specifically prohibited sewage infrastructure for
new development. Allowing a developer to build a duplicate line
would violate these conditions and establish a disastrous
precedent.

2. Approval would undermine your Smart Growth initiative by allowing
duplicate infrastructure in Planning Area 5 that would promote
growth, at the very edge of the Highlands and next to the first
national historic park designeated in the United States -
Morristown National Historical Park, Jockey Hollow section.

3. Approval of this application would violate the intent of federal
anti-degradation requirements for protecting waters from secondary
(the development) as well as primary impacts (the sewer line).

Thank you for your urgent attention to this precedent setting issue.

Abigail Fair, Water Resource Specialist
Assoc. of NJ Environmental Commissions
973-539-7547
af...@anjec.org

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BUILDER'S PLAN UPSETS SOME IN KINNELON

Date: 020623
From: http://www.northjersey.com/

By Tara Kane, Record Staff Writer, June 23, 2002

Kinnelon - A developer is preparing to build homes on a six-lot
subdivision on 34 acres abutting Pyramid Mountain, to the dismay of
neighbors hoping to preserve the Highlands tract through a fund-
raising campaign.

For months, residents have known that the tract, at the divide
between the Pequannock and Rockaway river basins, is in danger of
development. Dubbed the "critical connection" by residents, the
forested tract is an extension of the 1,700-acre Pyramid Mountain
Preserve and connects to the Kakeout Reservoir, a regional water
supply in Butler.

Last week, the arrival of a bulldozer and construction workers on the
site heightened the residents' concern. Preservationists say that even
the proposed six-lot subdivision would increase water runoff,
affecting the quality of the water in Kinnelon and Butler, as well as
areas of Bloomingdale and Lincoln Park.

"It's not the houses, it's where they are," explained Denise
DeBernardi, a resident who opposes the development. "The land is so
critical for the quality of the drinking water."

Preservationists believe that if they can raise $250,000, the county
and state will award matching grants and the land can be purchased
from the developer. Last week, the Pyramid Mountain Committee
announced that the "Save 34" campaign has successfully raised $33,000
over the last year. At Thursday night's meeting, the committee asked
for support from the Borough Council.

"We are thoroughly aware of what this whole thing means to everyone,"
said Mayor Glenn Sisco, who on behalf of the council, pledged that the
municipality would authorize $75,000 to go toward the purchase. He
said the bond ordinance would be presented at the council's July 18
meeting.

In March, the Borough Council applied for a $290,000 grant from the
state Department of Environmental Protection to acquire property for
conservation and recreation purposes. Additionally, the Morris County
Park Commission has committed $125,000 toward the purchase so far.

However, there are no guarantees that Woodmont Properties, the
Parsippany-based developer, will agree to sell the land. Don Witmondt,
the designated company spokesman, did not return calls for comment on
Friday. He has said in the past that Woodmont Properties is not
interested in selling the land.

"Any developer will sell the property if the price is right," said
Russ Felter, a spokesman for the Morris County Park Commission. He
would not speculate about what that dollar amount might be, but added
that in the coming weeks, he plans to sit down and negotiate with the
developer.

In 1989, the Morris County Park Commission had hoped to buy the land
- which borders Miller Road and Lakeview Drive - but was more
concerned at the time with acquiring larger tracts. Last year,
Woodmont Properties entered into a contract with a South Orange-based
company that purchases land for resale.

"This is a very important piece of property for the environment,"
Felter said. "It is very important that we see it preserved."

In addition to the impact it has on the water supply, the 34-acre
tract sits next to Pyramid Mountain - the habitat for more than 400
species of native plants, 100 species of birds, and 30 species of
mammals.

Representatives for Woodmont Properties have agreed to compromise
with preservationists by setting aside a middle portion of the 34-acre
tract as an "uninterrupted greenway belt." Felter argued, however,
that's it's not exactly a compromise, given that the belt is mostly
rock, and the developer "can't build on that property anyway."

Meanwhile, the recent arrival of a bulldozer and construction workers
at the site suggests that the developer is moving forward. On
Thursday, workers began preliminary tests to determine suitable
locations for a septic system and cut down a few trees to clear a
pathway.

"We are deeply concerned about the recent construction machinery that
appeared as of Wednesday," said Don Wain, a resident of Lakeview Drive
who spoke at Thursday's meeting on behalf of the 50 residents on hand.
"The destruction of trees is imminent, as is danger to the natural
habitat."

At Thursday's meeting, residents expressed an interest in a November
ballot proposal to create an open space trust fund. If voters
authorized such a program, property owners would be assessed a new tax
to be used for the acquisition of land or improvements to parks and
recreation areas.

"Everyone around here has one [an open space tax]; I'm surprised
Kinnelon doesn't," resident Tammy Schmidt said at Thursday's meeting.

In order for a ballot question, the borough would need to notify the
county clerk 75 days before the general election, or Aug. 21.

* * *

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D&R CANAL WATER QUALITY CONCERNS

Date: 24 Jun 2002
From: Delaware Riverkeeper {dr...@ComCAT.COM}

We are submitting a copy of the letter we filed with the ACE on the
My Ben project. We appreciate your publishing the Concerned Citizens
letter, a group we are working closely with.
[See: http://www.gsenet.org/library/11gsn/2002/gs020620.htm]

Tracy Carluccio
Delaware Riverkeeper Network

* * *

Mr. Frank Cianfrani
U.S. Army Corps of Engineers
Philadelphia District
Wanamaker Building
100 Penn Square East
Philadelphia, PA 19107

June 17, 2002

Re: My Ben or Delaware Heights subdivision application for outfall
into Delaware and Raritan Canal, Borough of Stockton, NJ;
Permit # CE NAP-OP-R-2002-01-017

Dear Mr. Cianfrani,

Delaware Riverkeeper Network is concerned about the above referenced
application. We are concerned about how the outfall will impact the
Delaware and Raritan (D&R) Canal as a Park, a National Historic Place,
and as a water resource.

The D&R Canal is a water source for approximately one half million
people in Central New Jersey, diverting up to 100 million gallons of
water per day from the Delaware River. The New Jersey Water Supply
Authority maintains the canal as a water resource and those who
receive this water are dependant on it for their water supply. We are
concerned about erosion and sedimentation into the canal both from the
My Ben development site and from the area where the outfall is to be
constructed. Any erosion and/or sedimentation will negatively impact
the water quality of this important drinking water source.

The D&R Canal is also a State Park that serves the recreational needs
of a large population. The towpath along the feeder Canal is used as a
foot and bicycle trail that connects diverse population centers and
provides a riparian buffer for the Canal and, in many places, the
Delaware River. The canal and towpath are part of the National
Recreational Trail System. The Park travels in a linear path for 70
miles from Bulls Island State Park just north of Stockton to New
Brunswick, NJ, where the main Canal ends. This Park is a significant
recreational asset that is easily accessed and used by people. It
doesn't require an investment in equipment to use (such as a ball park
or golf course) and can be reached on foot or bicycle from towns and
cities without a motor vehicle, allowing use by those who may not have
such transportation. It can also be accessed by canoe or small boat
for a relaxing trip. In short, it is inexpensive and easily used by a
wide population, including those who may not have many other
recreational opportunities.

We are concerned about the outfall diminishing the aesthetic setting
of the Park. The Park is characteristically quiet in most places and
lends itself to peaceful enjoyment. The aesthetics of the Canal are
very important in helping to provide the restful and beautiful
atmosphere that its users enjoy. Therefore, the visual impact of a
stormwater outfall into the Canal is very important. Even if the
outfall is well disguised with stone, it is still an intrusion of
residential/industrial-type infrastructure into an otherwise natural
and historic setting. The appearance and ecological benefits of the
landscaping in the area of the outfall also is a concern; the wildlife
that uses this corridor relies on the natural vegetation for habitat.
No matter what, a different look will result than what is there or is
expected to be there by the public now and in the future, adversely
affecting the aesthetic quality of the Park.

We are concerned about the impact of the outfall on the historic
nature of the Canal and Park. The D&R Canal is listed on the National
Register of Historic Places (since 1973) and the New Jersey Register
of Historic Places. The National Historic Preservation Act requires
that there be a determination as to how an undertaking will affect an
historic site before action is taken that will affect the Nation's
cultural heritage. We are concerned that the historic nature of the
Canal and Park will be diminished by the intrusion of this outfall,
which represents the extension of residential development into a
National and State-protected historic site. It is important that the
oversight of the Army Corps provide the protection mandated by
Congress in its regulations in order to insure that the Nation's
historic places are preserved intact for present and future
generations.

The hydrologic and structural impacts of the outfall are also of
concern to us. The outfall itself will receive a large amount of new
runoff from the proposed My Ben subdivision. This newly created
stormwater runoff is now infiltrated above the town in a vegetated and
forested area that serves as an important aquifer recharge region for
the Borough's well water supply and the lack of recharge of the
now-infiltrated rainwater may deplete the available water resources
now available there (this is apart from the natural runoff that
presently occurs). The stormwater plan does not mandate infiltration
so the volume of runoff will not be decreased, only the peak rate of
runoff. This increased stormwater volume from the 44-lot, 24.5-acre
single-family dwelling development will be transferred directly to the
Canal. This is a lot of water. The impacts on the banks of the canal
in the vicinity of the outfall and on the far side of the canal could
be significant in terms of erosion and de-stabilization.

An analysis of the hydraulic force and erosive impact of the
stormwater during discharge in large storms, such as the 25, 50, 75,
100, and higher should be done to assess its effects. Also, the
duration of flow from the outfall in all storms, even smaller storms,
will result in the banks in the immediate vicinity being submerged
longer than they are now from the significant increase in the volume
of stormwater. The result will be bank de-stabilization and the
stability of the Canal could possibly be affected; the canal is a
human-made and maintained structure (at considerable taxpayer
expense).

The added flows will heighten the local flood stage of the Canal.
This could very well cause local flooding and, combined with the high
flows from Brook Hollow Creek that are documented from the undersized
culvert under Route 29, the impacts could be even greater. We
understand that during Hurricane Floyd, several residences in the
vicinity of Brookville Hollow Creek and the Canal at Route 29, had
their yards under water and one property (located at the corner of the
Creek and Route 29) had floodwaters right up to the door of its barn
and its driveway was completely submerged. The residence that is
located on the north side of the creek on the Canal continues to
experience documented flooding and could be more quickly and/or more
greatly inundated by flood flows with the stormwater contribution from
this proposed outfall. An analysis of possible flooding of existing
canal side structures should be done.

Please notify us of your deliberations. Thank you for considering our
concerns and we urge that a complete analysis be provided of the
impact of this proposed outfall on these important resources.

Sincerely,
Tracy Carluccio
Special Projects

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FEDERAL RULES FAIL TO PROTECT NJ FLORA

Date: 020523
From: http://www.pressofatlanticcity.com/

By Jack Kaskey, Staff Writer, (609) 272-7213
Press of Atlantic City, June 23, 2002

Dennis Township - Talk about flower power.

In the sun-dappled swamp upstream of Magnolia Lake grow hundreds of
swamp pinks - rare lilies with plump, pink blooms.

To keep these flowers alive, the Turner family that owns the swamp
and the 245-acre golf course they opened in Dennisville last month,
spent about a quarter-million dollars.

The swamp pink, after all, is a "federally threatened" plant, meaning
it is faced with extinction and protected by the Endangered Species
Act.

Not only did the Turners maintain a 150-foot buffer around the swamp,
they spent $150,000 to build a golf-cart bridge that spans the wetland
without footings. They spent another $75,000 to capture sediment
running off an adjacent sod farm before it reaches the swamp.

Co-owner John Turner said he has no regrets about spending so much
money to protect a bunch of flowers.

"I like this area down here," Turner said last week as he strolled
the lush wetland that also harbors Atlantic white cedar, mountain
laurel and skunk cabbage. "I'm glad it all worked out."

But federal wildlife officials say things didn't work out at all.

GOOD INTENTIONS GONE BAD

The golf course will change the swamp's hydrology, ultimately
destroying the sensitive plants, and there is nothing federal wildlife
officials can do to stop it, said Lisa Arroyo, an endangered species
biologist with the U.S. Fish and Wildlife Service field office in
Pleasantville, Atlantic County.

Loopholes in the Endangered Species Act and other federal and state
laws allow developers to build projects that indirectly destroy rare
plants, wildlife officials said.

So, 14 years after it first was listed as a federally threatened
species, swamp pink continues to decline in New Jersey, Arroyo said.
That's of particular concern because New Jersey's 109 swamp pink
populations represent more than 70 percent of all the populations in
the world.

If swamp pink were to disappear entirely, so too would any
undiscovered medical benefits the plant might harbor, said Theodore
Gordon, a botanical consultant who specializes in the pine barrens and
sits on the Pinelands Commission.

"It's probably here for a purpose. Whether we understand the purpose
or not is irrelevant," Gordon said. "We are all diminished every time
we lose an organism."

When a swamp pink population dies, it's a sign the habitat also has
died, said Alfred Schuyler, curator emeritus of botany at the Academy
of Natural Sciences in Philadelphia.

"You are losing more than the swamp pink," Schuyler said. "You are
losing a swamp as well."

Of course, man should do what is best for mankind, he said.

"First and foremost, what is best for the human species is living in
a diverse environment with lots of wild plants and animals," Schuyler
said.

A DYING BREED

Gordon, who has studied swamp pink for the state Department of
Environmental Protection, said populations are disappearing or
degraded all over southern New Jersey. For instance, he said:

A developer's retention basins along Barnegat Bay Boulevard in the
Waretown section of Ocean County have changed the flow of Lochiel
Creek, destroying swamp pink. Farmers in the Shiloh area of Cumberland
County have diverted water from streams for so many years that they
have killed downstream swamp pink populations. A municipal well in
Berlin, Camden County, shows signs of drying up wetlands containing
five populations of swamp pink. Silt from a sand-mining operation in
Voorhees, Camden County, choked out a swamp pink population. Water
diverted from a cranberry farm in the Ongs Hat section of Burlington
County destroyed a population of 50 plants. Residents in the Marlton
Lakes section of Camden County have expanded their yards into the
wetlands buffer. Now children trample the swamp pinks and the stream
is littered with trash.

The developers, homeowners, farmers and municipal governments
responsible for the plants' demise face no penalties from state or
federal wildlife agencies.

"I have yet to see any consequences," Gordon said. "They don't do a
damn thing."

While destroying a threatened plant technically carries a fine of as
much as $10,000 and a 5-year prison term, only the most egregious
violation - a mining company that uprooted the plant - has ever faced
prosecution, Arroyo said.

ALL BARK, NO BITE

"The problem is, the Fish and Wildlife Service has very limited
ability to actually protect swamp pink," said Carleton Montgomery,
executive director of the Pinelands Preservation Alliance, a watchdog
group. "They have limited tools at their disposal, so they really need
help from the state agencies, and they don't always get it."

Take the case of Shore Gate Golf Club.

Because the Turners opted to build a more expensive bridge that spans
the swamp pinks' habitat without footings, the federal government had
no jurisdiction, Arroyo said.

The U.S. Fish and Wildlife Service recommended buffers of 300 feet to
protect the plants from the scouring effects of stormwater runoff and
the silt and chemicals that runoff carries. The service also tried to
prevent the swamp pink habitat from drying up by limiting the amount
of rainwater diverted to the course's irrigation ponds and water
hazards.

But those recommendations were ignored last year by the state
Department of Environmental Protection when it issued the golf course
its permits.

"We're the expert agency on swamp pink, so you'd hope they'd take our
advice," Arroyo said. "In the end, the species lost."

But Scott Turner, Shore Gate manager, said the golf course has
improved the plants' habitat. Before the family purchased the swamp,
it was a dumping ground for tires and other debris, he said. Now, the
trash is gone and the sediment-control device the family built has
cleaned up the stream water entering the wetland.

Following the wildlife service's recommendations - particularly the
300-foot wetland buffer - would have taken up too much land and made
the project impossible to build, he said.

"We have gone above and beyond the call," Turner said. "I would
question whether anyone has ever done more."

The Turners' environmental consultant, Joseph Lomax, and the DEP
agreed that the golf course would protect the rare plant, he noted.

"I don't know what is going to happen over time, but we certainly did
everything we could to protect it," Turner said.

DEP spokeswoman Elaine Makatura said the state could not
scientifically justify the larger buffer sought by federal wildlife
officials.

"Sometimes experts disagree," Makatura said. "We have to base our
decision on sound science, in case it is challenged."

Montgomery, of the Pinelands alliance, said the swamp pink's troubles
are typical of many other rare plants in the state.

"As a general matter, plants do not receive protection under state
law," Montgomery said.

The Pinelands Commission has the most protective regulations,
requiring 300-foot buffers to protect rare plants from the effects of
development, he said. But the commission offers such protection to
only 54 of the 108 state-endangered plants growing in the Pinelands
National Reserve, he said.

"In the state of New Jersey, clearly we could do a lot more,"
Montgomery said.

* * *

To e-mail Jack Kaskey at The Press: JKa...@pressofac.com

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

URGE GOVERNOR TO NOT BACK DOWN ON LIBERTY PARK

Date: 23 Jun 2002
From: EthelS...@cs.com

Letter to the editor in The Jersey City Reporter

URGE GOVERNOR MCGREEVEY TO NOT BACK DOWN ON
TERMINATION OF CONTRACT WITH LSPDC

>From Friends of Liberty State Park, June 23, 2002

Dear Editor:

I strongly urge Governor James E. McGreevey to not back down from
terminating the state's contract with the private Liberty State Park
Development Corporation (LSPDC). Despite the vast majority's long term
support for a free park next to Lady Liberty and Ellis Island, the
LSPDC has caused wasteful grassroots battles against their
commercialization and a privatization plans such as the golf course,
waterpark, and commercial concert series. The park, with its views of
the NYC skyline, is a majestic oasis and is even more sacred since
September 11.

In April, NJDEP Commissioner Bradley Campbell sent this
public-be-damned corporation a default of contract letter and gave it
60 days to show why termination would be inappropriate. The letter
cited the park not needing the DC; the "direction of the LSPDC not
coinciding with the park's mission," and financial mismanagement.

The Governor is reported to be under heavy back room pressure from
the LSPDC's lobbyists and "power broker" millionaire allies to prevent
their termination. People around the state are hoping that the
Governor listens to the clear and strong voice of people who care
about this New Jersey public land and that he doesn't cave in and
become a collaborator with the park's internal enemy.

The DEP, with public input, will guide the park toward the
fulfillment of its great potential. Only when the LSPDC is gone, will
the bells of freedom ring from Liberty State Park.

Sam Pesin, President
The Friends of Liberty State Park

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

BOMARC BASE CONTAMINATION TO BE REMOVED

Date: 020622
From: http://www.app.com/

By Kirk Moore, Staff Writer, Asbury Park Press, 6/22/02

Lakehurst - Contaminated soil and rubble from the former Bomarc
missile base on Route 539 in Plumsted could start being moved out by
Conrail trains in the coming days, according to the Air Force.

The site was the scene of a 1961 fire that destroyed a nuclear-armed
air defense missile, leaving particles of toxic plutonium around a
missile shelter and downhill where firefighting water flowed.

A long-awaited $9.6 million cleanup by civilian contractors for the
Air Force is under way at the site. Workers will remove nearly 13,000
cubic yards of soil, asphalt and concrete rubble, packing the material
in shipping containers.

Carried by truck over 11.4 miles of newly improved gravel roads, the
material will be hauled from the Bomarc site, which is on Fort Dix
property, across the neighboring Lakehurst Naval Air Engineering
Station.

A new 3,000-foot railroad spur from the Navy base to the Conrail line
will be used to haul out the containers, on the first leg of a cross-
country trip to a low-level nuclear waste landfill in Utah.

Air Force planners have said 208 train cars in all will move the
material over six months. The trains will roll out of a Navy gate at
night, when Route 547 is closed, to minimize traffic congestion.

There's no date for the first shipment but, "it will be relatively
soon," said Lt. Diane Weed, a spokeswoman for McGuire Air Force Base.

* * *

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

STUDY; EARTH CAN'T MEET HUMAN DEMAND FOR RESOURCES

Date: 020624
From: http://www.fullcoverage.yahoo.com/

By Christopher Doering, Reuters, June 24, 2002

Washington - The consumption of forests, energy and land by humans is
exceeding the rate at which Earth can replenish itself, according to
research published on Monday in the Proceedings of the National
Academy of Sciences.

The study, conducted by California-based Redefining Progress, a
nonprofit group concerned with environmental conservation and its
economics, warned that a failure to rein in humanity's overuse of
natural resources could send the planet into "ecological bankruptcy."

Earth's resources "are like a pile of money anyone can grab while
they all close their eyes, but then it's gone," said Mathis
Wackernagel, lead author of the study and a program director at
Redefining Progress.

Scientists said humanity's demand for resources had soared during the
past 40 years to a level where it would take the planet 1.2 years to
regenerate what people remove each year.

The impact by humans on the environment had inched higher since 1961
when public demand was 70 percent of the planet's regenerative
capacity, the study showed.

"If we don't live within the budget of nature, sustainability becomes
futile," Wackernagel said.

The study, which details the population's impact on the Earth with a
quantitative number, measured the "ecological footprint" of human
activities such as marine fishing, harvesting timber, building
infrastructure and burning fossil fuel that emits carbon dioxide (CO2)
into the atmosphere.

Researchers then used government data and various estimates to
determine how much land would be required to meet human demand for
those actions.

For example, Wackernagel and his team found that in 1999, each person
consumed an average of 5.7 acres (2.3 hectares). The global average
was significantly lower than industrialized countries such as the
United States and United Kingdom where 24 acres (9.6 hectares) and
13.3 acres (5.3 hectares), respectively, were consumed per person.

"ECOLOGICAL BANKRUPTCY"

In order to develop a formula that measured humanity's consumption
with the Earth's regenerative capacity, the researchers were forced to
reach several assumptions and omit the use of some resources because
of insufficient data.

The results, for example, excluded the impact of local freshwater use
and the release of solid, liquid or gaseous pollutants other than CO2
into the environment.

Even though the findings revealed that human use of resources was far
outstripping Earth's supply, it stopped short of determining how long
the process could continue without detrimental consequences.

"Like any responsible business that keeps track of spending and
income to protect financial assets, we need ecological accounts to
protect our natural assets," Wackernagel said. "And if we don't ... we
will prepare for ecological bankruptcy."

Wackernagel said the study's results could be used to gauge the
impact of new technologies and how they affect the environment.

The use of an alternative technology, such as one that produces
renewable energy or replaces natural biological processes, could allow
society to live better without increasing consumption, he said.

Governments could also determine the impact consumers and businesses
were having on depleting area resources and evaluate potential ways to
reduce consumption, Wackernagel said.

* * *

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

VOLUNTEERS, PARK RANGERS KEEP EYE OVER ENDANGERED BIRDS

Date: 020624
From: http://www.app.com/

By Sherry Figdore, Middletown Bureau, Asbury Park Press, 6/22/02

Twenty or so feet off to the right of Jeanne McArthur's pick-up
truck, a small sand-colored piping plover is dragging a wing, hopping
a few feet, stopping, moving away again.

But after 18 years as a park ranger and plover warden at Gateway
National Recreation Area's Sandy Hook Unit, McArthur is wise to the
ploys of the little birds.

"See what he's doing? Leading us away?" she said. "You watch their
behavior. They're sneaky. They'll try to lead you away from their
nests."

The nests - teacup-sized depressions scooped in the sand and often
lined with small pebbles or bits of shell - are easy to overlook.
They're trampled by careless people, uprooted by dogs, washed away by
storms and high tides.

The mottled, buff-colored eggs, usually four to a nest, are eaten by
foxes and larger shore birds.

This year, McArthur and her handful of volunteers have located 34
active nests on Sandy Hook, five more than last year.

As of last Wednesday, she had found 134 eggs. Seventy-six have
hatched so far, but the birds "are still in their egg-laying stage and
there should be more," she said.

Piping plovers are considered an endangered species by the state and
as threatened by federal authorities since 1986, when there were fewer
than 800 breeding pairs left along the Atlantic coast.

This year, there are more than 100 nesting pairs in New Jersey. More
than a third of them are on Sandy Hook beaches.

"When our statistics decline, it affects the entire population,"
McArthur said.

Nesting areas are cordoned off with ropes and signs reading "No
Vehicles, No Dogs, No Entry." Beach-raking is prohibited near the
nests. A portion of the park's multi-use trail was closed when new
nests were discovered near it.

The numbers go up and down, McArthur said. "There was one
particularly bad year when we had a lot of fox predation."

The following year, the park erected electric fencing, similar to the
kind used to keep pet dogs in their yards, but by then the number of
foxes had declined.

Nests with two or more eggs are marked and numbered and are checked
daily.

Mesh and wire "exclosures" are erected over the active nests to
protect the hatchlings.

No attempt is made to save a nest if it is in danger from, say, an
unusually high tide.

"We have a strict hands-off policy," McArthur said. "We let nature
take its course."

Even if the parent plovers successfully fledge their young, the
chicks have a high mortality rate.

Stopping by a small flag, she said "This nest, No. 122, four eggs
hatched and two (chicks) were lost already."

McArthur said the chicks look like "fluffy cotton balls with two tiny
sticks for legs."

They begin feeding on tiny invertebrates soon after they hatch and
they must make the perilous journey to and from the water's edge to
feed.

When school groups visit, "We have a really neat game that we teach
the kids," she said.

Students have a minute to run to the water, pick up some rocks, and
run back.

"If another person touches you, you're 'dead,' " she said. She has
someone walk through the scurrying students, interrupting their
journey to and from the water.

"That's what it's like for the baby plovers," she said.

With McArthur on her daily tour were two regular volunteers,
14-year-old Alex Welsh, of Highlands and 88-year-old Arthur H. Cadman
of Middletown.

The two helped put up the ropes and warning signs around the nesting
areas. Another volunteer, Tom Murray of Middletown works with the
plovers on Sandy Hook in the summer and with nene, the state bird in
Hawaii, in the winter.

People can be fined $50 for entering a closed nesting area; $100 for
disturbing a nest and up to $10,000 for destroying a nest.

McArthur urgently needs volunteers to "bird-sit" the seven piping
plover nesting areas from 10 a.m. until 2 p.m. on weekends through the
end of August.

In return for keeping an eye on the nest sites, volunteers get an
umbrella, free beach parking and the satisfaction of helping an
endangered species.

For information, call McArthur at (732) 872-5936.

* * *

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

VOLUNTEERS RESTOCK OYSTER BEDS

Date: 020622
From: http://www.newsday.com/

SHELL SHOCK: VOLUNTEERS RESTOCK DEPLETED NJ OYSTER BEDS

By Wayne Parry, Associated Press Writer, June 22, 2002

Keyport - Nudging nature along a little, volunteers dumped 100,000
oysters into Raritan Bay on Saturday, hoping to help rebuild colonies
that thrived before pollution and disease all but wiped them out.

The $150,000 project by the NY/NJ Baykeeper, a northern Monmouth
County environmental group, enlisted volunteers who spent months
growing 2,000 oysters apiece from thumbnail-sized seedlings.

This weekend, volunteers boarded boats and dumped bucketloads of
oysters overboard onto a shallow reef about 300 yards from shore.

"Oysters were an important part of the bay, and now there are hardly
any left," said Michael Stringer, the project's manager. "The bay has
been damaged by their absence."

Historic records indicate that the first colonial settlers in New
Jersey harvested oysters from plentiful banks until the War of 1812,
when they started to diminish due to over-harvesting, Stringer said.

Baymen then turned to their brethren in Long Island and Maryland's
Chesapeake Bay for seed oysters that they replanted in New Jersey.
That helped the industry thrive for over 100 years.

Keyport grew up around the industry, with a shucking plant and
steamboat to New York, where local oysters were shipped around the
world.

But in the 1920s, pollution started taking its toll. Combined with
rapacious harvesting, the number of oysters steadily declined, and was
hit particularly hard in recent decades by diseases that have
devastated shell beds along the East Coast.

The Delaware Bay remains the only area of New Jersey where oysters
can be legally harvested, Stringer said.

Last year, Baykeeper Andrew Willner and others decided to try to
restock the once abundant oyster population in Keyport Harbor. They
dumped 10,000 small shellfish just off the East Point peninsula, where
a peculiar plume of nutrient-laden fresh water from the Raritan River
mixes with the salty bay water to form ideal conditions for oysters.

Those oysters have grown well, but few reproduced. Stringer
attributes that to several factors, including the fact that most
oysters are male-first hermaphrodites: They begin their first year as
males, then become female in their second, third or fourth years.

"We put a lot of guys out there and told them to go make babies, but
they couldn't find dates," he said.

If last year's oysters are now female, they can mate with the current
crop of 100,000, most of whom are male - for now.

Because water quality is not yet good enough, the oysters cannot be
eaten. But their presence might someday change that.

"A single oyster can filter 50 gallons of water a day," Stringer
said. "We hope this project can demonstrate the resurgence of Raritan
Bay. This is a lot cleaner and better place than many people think."

Plus, oyster reefs provide excellent habitat for fish, shrimp and
crabs.

Last summer, after a two-hour crash course in "oyster gardening,"
volunteers were given a metal cage and 2,000 baby oysters, or "spat."
They kept them in water off backyard docks or at local marinas until
Saturday.

Several volunteers hesitated to part with their shellfish when it was
time to dump them overboard.

"Goodbye, babies!" one woman shouted as her young charges clacked
loudly over the mouth of a 5-gallon plastic bucket and splashed into
the bay.

Baykeeper staff and volunteers will keep an eye on the new oysters
over the coming year, measuring their growth, breeding and survival.

Some were lowered in mesh bags that can easily be retrieved for
inspection, other individual oysters were tethered to hand lines that
can be pulled up on a boat. Divers with oyster tongs will pluck a few
from the beds at random and bring them ashore for inspection as well.

The groups have planted oyster colonies in 52 sites, including the
Navesink and Shrewsbury Rivers in Monmouth County, the Rahway River in
Union County, the Hudson River and New York Harbor, and even the
infamously fetid Gowanus Canal in Brooklyn.

"You have to put a few canaries in a few coal mines to see what can
make it," Stringer said.

Willner said volunteer groups are essential to saving the Raritan
Bay.

"We realized if we waited for the government and the corporations who
polluted the bay to clean it up, we'd be waiting forever," he said.
"The oysters are a symbol of this struggle. They're an important
species, a missing link, and this is a hand-on way for people to
participate in saving the bay."

* * *

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::

OFFICIALS UNITE TO SAVE TROY MEADOWS WETLANDS

Date: 020623
From: Daily Record

ADVOCATES OF LAND'S SALE SAY STATE COULD PROTECT
THE AREA FOR CENTURIES

By Darran A. Simon, Daily Record, June 23, 2002

East Hanover - Nearly three dozen conservation-minded officials
gathered last week at town hall to map strategies to protect Troy
Meadows, the state's largest freshwater wetlands.

"What was accomplished was that we got everybody talking at the
table," said Barbara Heskins Davis, planning manager for the Morris
Land Conservancy, which organized the meeting.

The 3,100 acres of uplands and wetlands covers wide swaths of
Parsippany, Hanover and East Hanover. Wildlife Preserves, a nonprofit
corporation, owns about 1,700 acres of the state-designated natural
area, which serves as a sanctuary for plants and animals.

The corporation has preserved and protected the land for more than 40
years, but supporters of legislation advocating the land's purchase
say state acquisition would guarantee the land's protection for
centuries.

Davis said two subcommittees were created last week: one that will
work with county officials to create a more detailed map of the
environmentally rich property and a second that will work to refine
legislation advocating the land's purchase, determine its dollar value
and lobby legislators in support of the bill.

Wildlife Preserves is not actively pursuing a sale of the property,
said Hanover Committeeman Len Fariello, who also serves on the
advisory board of Wildlife Preserves. The potential sale price could
not be estimated because the land has not been appraised, he said. if
the property were sold, the organization would use the money to
purchase more property for open space. he said.

Members of about 35 government and private entities, including the
Morris County Planning Board, the Great Swamp Watershed Association,
the Passaic River Coalition, Green Acres, the U.S. Army Corps of
Engineers, the U.S. Fish and Wildlife Service and the New Jersey
Audubon Society, attended the meeting.

Government officials from Parsippany, Hanover, East Hanover and the
offices of U.S. Sen. Jon Corzine and state Assemblyman Alex DeCroce,
R-Parsippany, also attended. The gathering was co-hosted by the open
space committees of East Hanover and Parsippany.

PRESERVATION A PRIORITY

Davis said preservation of Troy Meadows is an environmental priority.

"It is a very environmentally sensitive land, and as we get more and
more developed, we lose more of these special places," Davis said.

The bill, sponsored by DeCroce, state Sen. Robert Martin, R-Morris
Plains, and Assemblyman ,Joe Pennacchio, R-Montville, calls for the
state to buy about 2,000 acres of Troy Meadows and turn the land over
to the state Division of Parks and Forestry for recreation and
conservation. The Division of Parks and Forestry already owns about
300 acres.

"It has been there forever; let's keep it that way." DeCroce said
Wednesday. "It is a great resource center." DeCroce said his bill,
which is before the Assembly's Agriculture Committee. is vital because
he watched how the Meadowlands region of Bergen County was developed
years ago.

"We don't want it to happen in Morris County," DeCroce said. He added
that the state should purchase Troy Meadows outright. Wildlife
Preserves previously has said it supports the funding and acquisition
of the Troy Meadows, providing that, the land remains a natural area
and wildlife sanctuary.

Fariello said Wildlife Preserves has ensured the land's preservation
and protection. But it is a private entity, and protection and
enforcement are costly, he said.

Most of the land lies in Parsippany and is bordered by Route 280,
Beverwyck Road, Ridgedale Avenue and Perrine Road. It also stretches
along both sides of the Whippany River in East Hanover. Some also lies
in Hanover, between Melanie Lane and Troy Road, near the township's
sewage treatment plant.

The Army Corps of Engineers also is interested in buying about 75
parcels of land for flood storage and turning it over to the New
Jersey Natural Lands Trust.

Fariello said Troy Meadows acts as a flood storage area and prevents
flooding along the Passaic River Valley.

Parsippany Mayor Mimi Letts said the meeting was an opportunity to
get input from different groups interested in the land's protection.

"Now we really a have to get down to the nuts and bolts of it all,"
she said.

* * *

Darran A. Simon can be reached at 973-428-6630 or dsi...@gannett.com.

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GARDEN STATE EARTH INSTITUTE AT SUSTAINABILITY CONFERENCE

Date: 24 Jun 2002
From: "Fred Mayer" {cfm...@earthlink.net}

The Garden State Earth Institute (GSEI),is affiliated with the
Northwest Earth Institute, one of 16 Earth Institutes in the US and
Canada. GSEI is based in Morristown, offers discussion courses in New
Jersey on 4 environmental subjects: Deep Ecology, Choices for
Sustainability, Voluntary Simplicity and Discovering a Sense of Place.
(see http://www.gsearthinstitute.org) We will have a booth in the area
for non-profit organizationa at the Mid-Atlantic Sustainability
Conference, at Rutgers, Newark June 27-28. Please visit our booth or
at least send us e-mail or phone us if you are intersted to know more
about GSEI.

GSEI is a member of Voices of Sustainability.
join-voices-of...@gselist.org

Fred Mayer, cfm...@earthlink.net
973-984-5371

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Today's Issue Edited by Tina Bologna - bol...@gsenet.org

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Back issues of the Garden State EnviroNews are available at
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