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Water rules could hinder projects
Wednesday, April 25, 2007
By BRUCE A. SCRUTON
bscruton@njherald.com

ANDOVER TWP. — A state proposal to increase the water quality protection status of the upper reaches of the Pequest River could have profound consequences on development in Andover Township where nearly every body of water and stream is on the list.

The effects will also reach into Green and Byram townships, but those towns are already covered by the Highlands Preservation Act, which afforded much of the same protections.

While a designation of Category 1, the top protection under the state's regulations, is being proposed, one major development proposal seems out of reach, at least for the time being.

Kevin D. Kelly, one of the attorneys for Beazer Homes and Sussex Properties, which wants to build nearly 600 homes on 233 acres of land in Andover Borough, said the sewer and stormwater management plans for the project have already been approved by the state Department of Environmental Protection. "Those plans exist and are current," he said.

Part of the Pequest River, which begins at Stickle Pond north of the borough, runs west of the borough. The sewer plant for Gatherings at Andover Borough would discharge into Andover Creek which runs from Kittatinny Valley State Park, across the property and joins with the Pequest west of the borough.

Andover Borough Mayor Shirlee Bollard agreed the approvals have been granted, "but we're also looking at when they (permits) have to be renewed. That may cause them a problem."

The Borough Council has tried to revoke a nearly 18-year-old agreement over the development of the housing project, which would also include some commercial and retail space. The nearly 600 housing units would nearly triple the number of homes in the borough.

However, that rejection was overturned by a Superior Court judge and the borough is now involved in a new series of public hearings. The seventh session is scheduled for 7 p.m. today at the Andover Borough Firehouse on Route 206.

Bollard said the hearings will continue and "all I can do is hope for the best" as to whether DEP's proposals would have a future effect.

"That's great," said Andover Township Mayor Tom Walsh when asked about the proposed upgrade.

Under current state regulations, development could be allowed as close as 25 feet to most of the streams in the town. If the C1 designation were put in place, that development could come no closer than 300 feet to the traditional flood plain, a point which often is much further than 300 feet from water's edge.

Only about 300 miles of streams and rivers in the state currently carry the C1 designation, but the proposal, announced by DEP Commissioner Lisa Jackson on Monday, includes 900 miles of rivers and streams and about 1,300 acres of reservoirs.

The specific proposal for the Pequest names most of the ponds and lakes in town, but also has language that includes "all tributaries and lakes" (of the Pequest) which don't carry the highest protection. The very northern edges of town are in the Paulins Kill watershed while the rest of town drains into the Pequest.

Among the lakes mentioned are Lake Aeroflex (New Wawayanda Lake), and Gardners Pond, both in the Kittatinny park, as well as Lake Lenape, Hidden Valley Lake Iliff Lake, and Valentines Pond, all in the township. Andover Lakes in the borough are also included.

While most of the streams in the proposal were singled out to protect drinking water supplies, a major concern for the Pequest is preservation of habitat for the bog turtle, which is on the state endangered list and federal threatened species list. The report said nutrients being washed downstream in the Pequest "leave it susceptible to colonization by invasive vegetative species," which would then drive the turtles from the river.

The document claims the Pequest River contains 80 percent of the remaining habitat for bog turtles in Warren County.

Lois deVries, who chairs the township's Environmental Commission, said the announcement "is a great day for the environment." She said the township has five endangered species within its borders and many of them rely on the limestone fens which feed the creeks and lakes. The fens, or swampy areas, are unique because they lie on limestone bedrock, giving the area a unique environment.

While she said the proposals, if finally approved, would limit some development, overall it would be good for the town. "People come here for the open space, the unique character," she said.

While the Land Use Committee, of which she is also a member, will look at each new development proposal on a case-by-case basis, the restrictions proposed by the state mean the town "is finally approaching where we need to be, protecting and fostering these kinds of wildlife in our town."

In the past, developers on a statewide basis have found similar proposals and have stretched out the approval process.

This latest set of proposals will be formally introduced in the May 21 edition of the New Jersey Register and the public comment period will extend to July 20. There will be a formal public hearing on June 28 at the Rutgers EcoComplex in Bordentown, Burlington County.

2007 The New Jersey Herald