March 20, 2003

The West Milford "redevelopment zone" sited on 466 acres of town-owned property in south-central West Milford was acquired by the township over a period of years. The present proposal for this tract, as expressed by the township and the township's private partner, calls for development of a golf course, a hotel and a conference center with diversion of golf course irrigation water from Newark-owned reservoirs in the Pequannock drainage and an extension of Macopin Road across watershed lands to provide site access. Having examined this proposal at length we offer the following comments:

Strategic Location: Large areas of contiguous forest are unique and significant features of the Highlands, providing habitat for specialized interior forest birds and other sensitive wildlife. This particular site is part of a greater unbroken forest tract encompassing nearly 1000 acres and strategically positioned between two massive undeveloped land units protected by the State of New Jersey - Norvin Green State Forest, in the Wyanokie Highlands to the east, and the Pequannock Watershed to the west. Dubbed the "Norvin Green Connector", the tract has been identified by the Highlands Coalition as a "Critical Treasure of the Highlands" due to its vital position. Development of this property will eliminate any chance of preserving this land as contiguous forest in a greenway corridor.

Topography: The topography of this tract presents many constraints to development, both physical and regulatory. The rugged landscape of rocky ridges is interspersed with numerous steep ravines, extensive high-quality wetlands and several trout production streams draining to the Pequannock and Wanaque reservoir systems through a series of lakes and ponds.

Water Resources: The redevelopment land is located at the headwaters of both the Pequannock and Wanaque watersheds, serving as the source of potable water for some two million New Jersey residents. Extensive forests dominate the landscape with young hardwoods growing amid older groves of hemlock, beech, oak and sugar maple. Undisturbed forests provide the most efficient and effective means to recharge both surface and groundwater supplies with high quality drinking water.

Three of the five tributaries that drain the site, streams flowing both to the south and the north, are classified as Trout Production, Category One waters and subject to the antidegradation policies set forth in the New Jersey Surface Water Quality Standards including protection from "...any measurable changes (including calculable or predicted changes) to the existing water quality." We believe this policy would be compromised by unavoidable degradation of ground and surface water through pesticide and herbicide-laden runoff as direct results of this proposal.

In addition, this project will affect waterways far beyond the redevelopment zone. The township is proposing irrigation of the new golf course with water diverted from Echo Lake, a reservoir in the City of Newark's system. Although the amount of water has not been disclosed our estimates place potential diversion at 45,000,000 gallons per year. Our concern is for flow rates in the Pequannock River below Echo Lake that have been greatly diminished for decades. Our analysis of flow rate data for 1994-1997 shows that flow rates in this river segment are in a status of "severe degradation" 4 days out of every 10. From this we calculate a total annual water deficit in this section of the Pequannock of approximately 290 million gallons per year. The result of these inadequate flows has been very high water temperatures in this river section with temperatures of 79E-80EF commonly recorded. Since this segment of the Pequannock is classified as a Category One Trout Production waterway due to the presence of wild, spawning brown trout, these recordings are significant, as brown trout cannot survive temperatures in excess of 79EF for more than short periods of time.

The State and Federal governments have recognized this situation with the Pequannock listed as "impaired" for temperature on the federal 303(d) list. Since the outflow from Echo Lake provides water to this segment of the Pequannock, we believe the proposed new diversion from Echo Lake and resulting reduction in flow rates constitutes a violation of both the New Jersey Surface Water Quality Standards and the federal Clean Water Act.

Wildlife: The New Jersey Department of Environmental Protection's Landscape Project, a database and mapping system that identifies and maps habitat occupied by or suitable for State-designated Rare, Threatened and Endangered species, shows that the redevelopment site lies within the State's mapped highest priority habitat classifications.

Observations of Threatened and Endangered species further confirm the importance of the Norvin Green Connector and the redevelopment lands as critical wildlife habitat. Bobcat, Timber Rattlesnake and Wood Turtle have been reported in the area.

The redevelopment tract contains a large number of alder swamps with open forest canopy providing essential habitat for the Golden-winged Warbler, a fast-disappearing songbird of the Highlands. Their decline in the State has been so precipitous that the last breeding population is confined to the Pequannock and Wanaque watersheds, including this Norvin Green Connector.

A large number of NJ Endangered and Threatened Species of raptors inhabit the area as well. According to the Landscape Project, Barred Owl are found in the area, a fact confirmed by at least two sightings by NJCF staff in 2001. Since the Owl has an average home range of 250-500 acres, this suggests that the tract may be home to at least two pairs. The Landscape Project also reports Red-shouldered Hawks in the region. Two pairs were encountered by NJCF staff. According to information provided by Tom Bosakowski, an employee of Amy Green Consultant and New Jersey raptor expert, the Red-shouldered hawk's average home range is 285 acres. Therefore it is possible that several pairs occupy the proposed development site. An October 23, 2001 encounter with a Goshawk, a very rare and NJ Endangered raptor responding to Barred Owl calls, strongly suggests the presence of a territorial female. According to Mr. Bosakowski, territorial Goshawks, with few exceptions, occupy their home range throughout the year, and do not migrate with the onset of winter.

Fragmentation of critical habitat and disturbance of these sensitive species will be unavoidable consequences of the proposed development.

Watershed Protection: To accommodate this development the Township of West Milford is negotiating a land deal with the City of Newark and will seek approval from the Watershed Moratorium Review Board. The city will allow a new road to be built across their watershed lands as an extension of Macopin Road for access to the new golf course. In return the township will re-zone this 5-acre tract to allow Newark to construct commercial buildings - essentially a strip mall - adjoining this new road. This 5-acre tract is comparatively small and drains only to Echo Lake, a reservoir tapped for drinking water in emergency situations like the current water shortage. However it is obvious that no watershed lands or water supplies are more critical than those we rely upon in emergencies.

Conclusion: In view of these considerations, including the strategic location and size of the tract, topographical constraints, impacts on water resources and supply, the importance of this land to sensitive wildlife, and the precedent set in waiving the Watershed Moratorium, we formally state our opposition to this project and recommend the following actions:

That the State uphold the Watershed Moratorium Protection Act and deny any application for conveyance or development of these watershed properties.

That the State aggressively pursue acquisition of conservation easements or outright purchase of the aforementioned property owned by the Township of West Milford for the purpose of protecting critical water supplies, important wildlife habitat and a vital open space greenway.

That the State prioritize all water surplus in the City of Newark's water supply system, setting correction of existing environmental degradation above any proposed diversion for golf course irrigation.