----- Original Message -----
From: "mjking" <mjking@proriverview.org
To: "Larry Baier" <Larry.Baier@dep.state.nj.us
Cc: <mark.mauriello@dep.state.nj.us;
<lisa.jackson@dep.state.nj.us;
"Michael Keady" <mkeady@ptd.net
Sent: Sunday, December 02,
2007 10:53 PM
Subject:
Re:
Mr. Baier:
We also have to ask, like RELC, to see
an explanation of the terms and the rationale of the NJDEP mitigation plan for
adverse impacts to critical species
habitat, which have been kept secret and are an obvious subversion of the Mt.
Laurel Law.
Despite whatever you have been led to
believe, this tract (Block 6, Lot 61) with the State-threatened species habitat
is
not part of
The court ruling you cite as a
constitutional obligation specifically promises that the environment would not
be
sacrificed to achieve its affordable
housing goals. Therefore, COAH is relying on the NJDEP to meet its own legal
obligation by protecting the
environment. It is not proper for the NJDEP to consider the COAH status of a
township
when weighing environmental impacts. It
is not proper for the NJDEP to sacrifice the environment to achieve an
affordable housing agenda.
The NJDEP's handling of this matter
throws light on the PEER request by its Director Bill Wolfe that a log be kept
of
who is meeting with the NJDEP, because
clearly the Department has fallen under the influence of some power. How
else could you explain the following:
DEP first declared on May 29 that the property was wood turtle habitat ; now
says it is "marginal." The
Department first requires mitigation for the impact and loss of habitat from
the proposed
sewer extension. It then changes course,
by requiring, instead, the adoption of a "suite of municipal
ordinances," all
of which not only do not provide
mitigation, but can simply be waived by the land use board on no more than a
whim. Such would be the case with an
environmental impact ordinance, though it would be nice to have one in
the five ordinances are necessary.
However, it must be noted that The Flood Hazard Area Control Rules adopted by
the
State on November 5 has rendered them
mostly redundant.
Mr. Baier,
your environmental partners in the community, such as REALsmart, will not sit
idly by when you give away
the keys to environmental treasures such
as you have done in
the issues I've raised here.
Mike King, Coordinator, REALsmart, the
league for real smart growth,
NO MORE HOUSES ON FARMLAND