Manumuskin

B

bach2yoga

Guest
I posted about this area before. Residents include Pine Barrens Treefrog, Southern Gray Treefrog, Northern Pine Snake, Cooper's Hawk, Barred Owl, Bald Eagle, Dotted Skipper and Red-Headed Woodpecker, exist on the property. The Landscape Project of the New Jersey Endangered and Nongame Species Program classifies the entire Site as critical endangered species habitat. The surrounding preserve is the last stronghold for sensitive jointvetch, which is federally endangered.
Al, this is home territory for us, I'm going to try to make this. I'll keep you abreast of any information I get on the other you info PM'd me about, too, ok! I would like to do that as well.
Renee

HELP SAVE THE HOLLY FARM

Date: 21 Nov 2003
From: Forrivers@aol.com

Dear Friends and Members,

There is an urgent need for you to attend an upcoming meeting at
Millville City Hall. On Monday, December 1, 2003 from 4-7 p.m. there
will be a Board of Public Utilities Hearing regarding whether to allow
Conectiv to transfer approx. 1350 acres to a developer for building a
180-200 acre golf course, about 900 housing units and an offer to
preserve 900 acres- on what is formerly known to local residents as
the Holly Farm (letter below states 700 homes because it was portrayed
by a conservation org. that the project had been scaled back from 900
units to 700 later this proved to be inaccurate). We have advocated
protecting this property for 17 years and we aren't going to watch it
fall to sprawl without a fight. We need you to attend the hearing to
make your thoughts known. Our officers, trustees, and fellow
conservation organizations are strongly opposed to this proposal. We
hope you share our concerns.

Many of the important facts and objections about this proposal were
summarized in a joint letter sent by a collective of major
conservation groups to the head of the DEP in June of this year. I am
including that letter below. At the time we did not sign on because it
was important for state officials to know that this issue extends
beyond parochial interests. You might use the letter to assist in
developing your own remarks. You can submit your comments and thoughts
to the BPU in writing and or orally that evening or within the 45 day
comment period and they will definitely have an impact. If you do not
feel comfortable presenting them orally to the Board of Public
Utilities that night, please come anyway; those of us who do could
sure use some moral support. Additionally your attendance will also
send a message to elected officials that the voters of Millville and
the region don't want to become a desert of cookie-cutter homes and
entangled traffic.

# # #

June 6, 2003

Jeanne M. Fox, President
State of New Jersey Board of Public Utilities
2 Gateway Center, 8th Floor
Newark, NJ 07102

Re: Proposed Sale of the Conectiv Tract, City of Millville, Cumberland
County, NJ

Dear Ms. Fox:

The above organizations wish to express our deep concern about the
proposed sale and development of the approximately 1,400-acre Conectiv
tract on the eastern edge of the City of Millville, Cumberland County
(the Site). The Site is crucial to the long-term survival of many of
southern New Jersey's most critically endangered species. The proposed
sale of the property from Conectiv to a private developer cannot be
finalized unless Conectiv's application to sell the Site is approved
by the Board of Public Utilities ("BPU"). As set forth below, we
believe that the BPU should disapprove the sale as not in the public
interest. At a minimum, the important environmental and other public
interests at stake require the BPU to hold a public hearing regarding
the sale and to disclose all threatened and endangered species data,
as well as any other environmental resource information.

The Site is a Key Stronghold for Threatened and Endangered Species in
Southern New Jersey, and Should Be Protected Using Existing Laws The
Site lies within the heart of thousands of acres of preserved land
between the Manumuskin River and the Menantico Creek, which are both
designated as National Wild and Scenic Rivers. The Site is essentially
undeveloped, except for two small facilities - an electric peaking
station on Route 49 and the Brian Parent Center. The contiguous forest
ecosystem is within a biodiversity hotspot in southern New Jersey,
containing both Pine Barrens species and maritime elements of the
Delaware Bayshore forest region. Numerous wetland and endangered
species, including Pine Barrens Treefrog, Southern Gray Treefrog,
Northern Pine Snake, Cooper's Hawk, Barred Owl, Bald Eagle, Dotted
Skipper and Red-Headed Woodpecker, exist on the property. The
Landscape Project of the New Jersey Endangered and Nongame Species
Program classifies the entire Site as critical endangered species
habitat. Protecting the biological diversity of the Manumuskin and
Menantico watersheds has been the focal point of conservation efforts
for two decades. The State of New Jersey has been protecting the
forested headwaters by acquiring land for the Peaslee Wildlife
Management Area and the Menantico Ponds Wildlife Management Area, and
The Nature Conservancy has been expanding its Manumuskin Preserve,
which is the last stronghold for the federally-endangered Sensitive
Joint Vetch. Five thousand acres of habitat in two municipalities
(City of Millville and Maurice River Township) are within the polygon
enclosed by the Menantico Creek, State Routes 49 and 55, and the
Manumuskin River. This area is narrowly outside the jurisdiction of
CAFRA and Pinelands Commission rules. As such, the upland portion of
this property, which provides critical endangered species habitat to
many species, is afforded sparse regulatory protection under those
laws. The Pinelands boundary was drawn down the middle of the
Manumuskin River, on the eastern edge of this site. As a result, this
pristine forested ecosystem has been the subject of controversial
development proposals for twenty years, and the environmental
community has worked tirelessly to ensure that no large-scale
development deleterious to the area's natural resources have ever come
to fruition. Initially, the Manumuskin Preserve (in Maurice River
Township) was proposed as a Radioactive Waste Disposal Site and the
Conectiv tract (City of Millville) was envisioned as a massive coal-
fired generating station by Atlantic Electric. Conservation groups
launched a successful campaign for Wild and Scenic River designation.
Since this habitat is critical to Bald Eagles, the Federal Wild and
Scenic designation caused both proposals to be withdrawn. When the
proposal for the Maurice River Township property was switched from
radioactive dump to massive sprawl (residential and light industrial
development), NJCF and NJAS intervened in a lawsuit brought by the
developer when the Township tried to downzone the property.
Eventually, our efforts resulted in a strong settlement whereby Waste
Management transferred their Maurice River Township holdings to The
Nature Conservancy, establishing the Manumuskin Preserve.

The Proposed Development is Contrary to the Governor's Smart Growth
Policy A decade since the preservation of the first tract comprising
this critical endangered species habitat, the successor to Atlantic
Electric, Conectiv, now proposes the private sale of the second tract
for development of over 700 units of high-density, age-restricted
housing and a private golf course. The proposal is for an island of
development completely surrounded by protected open space, and is the
worst example of destructive sprawl. Unfortunately, the Cityof
Millville is succumbing to the "ratables chase" and is openly
encouraging the destruction of the natural resource values in this
eastern sector of their municipality. Given the site's important
natural resources and the fact that it is almost entirely surrounded
by contiguous, forested, protected land, it should be preserved as a
natural resource site in perpetuity. We believe that this project is
one of the biggest threats to the Governor's stated smart growth
policies.

The BPU Should Exercise its Legal Authority to Protect the Site The
BPU should only exercise its discretion to approve Conectiv's petition
to sell the Site only if it can make a finding that the sale is in the
public interest. See NJS.A. 48:3.7. The BPU's public interest inquiry
should be guided by the following authorities, with the understanding
that environmental constraints on the proposed but unapproved
development can have a significant impact on the economic viability on
the sale, and consequently the proposed sale. First, the Legislature
has clearly indicated that the BPU is to give significant
consideration to environmental concerns when making regulatory
decisions. See NJS.A. 48:2-23 (authorizing the BPU to require
utilities to provide services "in a manner that tends to conserve and
preserve the quality of the environment and prevent the pollution of
the waters, land and air of this State..." even if those actions
result in a higher rate base); see also NJA.C. 14:3-3.1 (it is the
duty of every utility to perform "in a manner that tends to conserve
energy resources and preserve the quality of the environment." )The
Legislature has specifically prohibited the BPU from approving utility
sales of property that protect public water supplies until it has
obtained NJDEP's assessment of the effect of the sale upon water
quality and the State's open space, conservation and recreation
requirements. NJS.A. 48:2-23.1. Underground aquifers are the public
water supply in the Millville area, and the Site's undisturbed forest
and other lands filter rainwater recharge to those aquifers.
Accordingly, the BPU must follow the provisions of NJS.A. 48:2-23.1
before ruling on the proposed sale.

Second, the BPU should look to the specific Legislative policies set
forth in the New Jersey Endangered and Nongame Species Conservation
Act, NJS.A. 23:2A et seq. That law declared that threatened and
endangered species "should be accorded special protection in order to
maintain and to the extent possible enhance their numbers." NJS.A.
23:2A-2(b). Thus, the BPU should consider the effects of the sale and
resulting development upon endangered species at the Site. Third, the
BPU must consider the State's policy "to promote smart growth and to
reduce the negative effects of sprawl" and "to discourage development
where it may impair or destroy natural resources..." Exec. Order No.
4(2002) (Jan. 31, 2002). Among other things, the BPU has been directed
to ensure that its actions "are consistent with the principles of
smart growth..." Id. For the reasons outlined above, the development
proposed for the Site will greatly worsen sprawl in the Millville
area. In fact, the Site is RED on the New Jersey Department of
Environmental Protection BIG MAP as of April 1, 2003. This
categorization signifies that this Site must not be developed, due to
the contingent of threatened and endangered species present and the
contiguous forest habitat value based on the Endangered and Nongame
Species Program Landscape Project Map. In order for the BPU to weigh
the public interest impact of the sale, we further request a public
hearing on the matter as well as the solicitation of written and oral
comments from the public. Before the hearing, the BPU should require
Conectiv to disclose all endangered species surveys that have been
conducted on this property by Conectiv and the contract purchaser of
the Site, so that the BPU and the public have a meaningful opportunity
to assess the public interest implications of the sale. We anticipate
the BPU's swift action regarding this request. Should you have further
questions regarding this vitally important habitat, we would welcome
the opportunity to discuss the matter with you in person.

Sincerely,
Thomas Gilmore, President, NJAS
Michele Byers, Executive Director, NJCF
Jeff Tittel, Sierra Club
David Pringle, NJ Environmental Federation
Dena Mottola, NJPIRG
Tim Dillingham, American Littoral Society
James Tripp, Esq., Environmental Defense
Carleton Montgomery, Esq., Pinelands Preservation Alliance
Jennifer Danis, Esq., Natural Resources Defense Council
Sandy Batty, Association of NJ Environmental Commissions
Maya Van Rossum, Delaware Riverkeeper

Cc:
Governor James McGreevey
Commissioner Bradley Campbell, NJDEP
Director Martin McHugh, New Jersey Division of Fish and Wildlife
Carter H. Strickland, Jr., Rutgers Environmental Law Clinic
Edward Lloyd, Columbia Environmental Law Clinic
 
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