Daily Record, Jan. DAY, 2006

ENDANGERED SPECIES IN MORRIS COST TIME, MONEY, SAY BUILDERS

Ecosystem battlefield

By Navid Iqbal

Owls scratched a school expansion project in East Hanover. Developers
in Mount Arlington almost slipped on spotted salamanders. And
recreation officials from the Chathams were tripped up by wood
turtles.

These animals are among at least 10 on the state's endangered or
threatened species list that have been spotted in Morris County, and
they are increasingly visible as new construction or expansion
conflicts with their habitats.

"It's getting worse because, let's face it, there is a race to the
finish line," said Blaine J. Rothauser, a biologist, naturalist,
wildlife photographer and environmental consultant.

Rothauser, a Florham Park resident, recently was hired by a citizens'
group called Friends to Save Woodland Park to record the sightings of
the wood turtle in an area where Chatham and Chatham Township would
like to build recreational fields.

"With the amount of exponential growth and human population and the
expected growth in New Jersey, you are getting a preponderance of
battles," Rothauser said.

The New Jersey Endangered Species Conservation Act has dictated
environmental protection for the past 32 years. The restrictions do
not specifically protect species'habitats -- just the animals
themselves, environmentalists say.

"It's like saying I'm going to protect your job but destroy your
house," said Eric Stiles, the vice president for conservation and
stewardship at the New Jersey Audubon Society.

The Audubon Society is working with municipalities to draft rules that
would protect these habitats. Madison and Chatham are the two Morris
County towns that have signed a petition seeking more protection.

The DEP defines endangered species as those that are immediately in
danger of becoming extinct in the state. Threatened species are
defined as becoming endangered if conditions surrounding them are not
improved. There are more than 73 such species in the state, according
to "Endangered and Threatened Wildlife of New Jersey," published by
Rutgers University Press.

Some of these species, such as the bald eagle and the Indiana bat,
also are federally endangered species. Plants also are protected by
state and federal guidelines.

While environmentalists say that endangered critters need even more
protection to prevent their extinction, developers and builders
complain about a system that takes too long to tell them where they
can build.

Housing demand

Developers argue that New Jersey's demand for housing is far higher
than the state's supply. They say they have to build in areas close to
endangered species because these are often the only areas available.

DEP officials have said that the Chathams will be allowed to build
their fields aslong as they are set back 150 feet from the possible
turtle habitat. The wood turtle, a threatened species, lives along
fast-moving water banks where the water is of good quality.

Rothauser said that although the group that hired him may not have
done so to save the wood turtle -- preventing recreational fields in
their backyards was their primary concern -- the turtles are an
important part of New Jersey's ecological landscape. They also have
thwarted other developments, which is why Rothauser calls them the
"bane of developers."

For their part however, developers say that the majority of their
concerns have more to do with the slow state bureaucracy.

The DEP waits too long -- sometimes until well after a project already
is under way -- before it notifies developers of possible encroachment
on protected wildlife habitat, said Nancy Wittenberg, director of
environmental affairs for the New Jersey Builders Association. The
builder's association is a lobbying group that represents more than
1,700 builders or building-related services.

Wittenberg said no developer wants to see the demise of endangered
species. However, the myriad regulations already in place cause delays
and can cost developers money.

"If you knew it (protected species habitats) early in the process you
can design around it," she said.

"When it comes too late in the process, and you have to alter the
plan, it is much more difficult to accommodate."

The DEP contends that it only can proceed with granting letters of
interpretation --which provide the guidelines for where to build -- as
information becomes available.

"The length of time that it takes to review a letter of interpretation
often times is dependent on the information available to us," DEP
spokeswoman Karen Hershey said.

Owl blocks expansion

School officials and parents in East Hanover had expansion plans for
the Frank J. Smith School delayed by about 18 months while the school
district waited for a letter of interpretation from the state agency
dictating wetlands setbacks.

The wooded area behind the school was identified as a potential barred
owl habitat. While they are successful elsewhere, the barred owl is a
rarity in New Jersey. A 1998 survey found about 100 barred owl pairs
throughout the state.

When the area behind the Smith School was identified, the East Hanover
district had to change its plans, which were part of a $13 million
referendum that voters had approved in 2002. Because of the delay,
construction costs went up and the district had to go back to voters
to ask for an additional $2 million, which was rejected in November
2005.

The district now literally is back to the drawing board trying to come
up with plans that will fall within the DEP setbacks and can be
financed with only the money that previously had been raised.

In Mount Arlington, the borough's land use board on Wednesday allowed
a developer to move forward with a plan to build 70 housing units.

Shadow Woods fight

However, environmentalists and local residents are teaming up to fight
what would be called the Shadow Woods development. Most residents'
concerns are more of the "not in my backyard" variety, but others cite
a borough-commissioned study indicating that there are endangered and
threatened species on the site.

The state DEP ranks the area as a level four endangered forest, with
five being the highest. The borough-commissioned environmental study,
prepared by Wander Ecological Consultants of Newton, found that the
development would endanger at least two protected species of
salamanders. The blue spotted salamander and the Jefferson salamander
reportedly have been observed in the area.

However, Robert Atkins of Atkins Cos., the developing company that
wants to build the units, hired an environmental consulting company,
Eco1Sciences of Rockaway, that determined that the project would have
a minimal environmental impact.

Plans to build a retirement community at St. Mary's Abbey in Morris
Township have been opposed by a variety of groups, including
environmentalists who say the project would disturb protected animals.

Julie Somers, the executive director of the Great Swamp Watershed
Association, said at a Jan. 5 DEP hearing that the plan would
eliminate the habitat for various endangered species -- particularly
the federally-endangered Indiana bat.

Stiles, of the Audubon Society, said there are easements and other
benefits that may be available for land owners that can be
alternatives to selling property for development.

Rothauser said protecting at-risk species is more than just a matter
of having pretty things to look at. These animals have survived for
thousands of years and have as much right to be on this earth as
humans do, he said.

Because species have some known and some unknown ecological benefits,
in may, in the end, be humans who benefit the most by maintaining
them, Rothauser said.

Navid Iqbal can be reached at (973) 428-6627 or niqbal@gannett.com.

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