Clear Cutting Allegations Made Over Right of Way Management in the Great Swamp

Excessive clear cutting, herbicide use and heavy equipment by public utilities companies are endangering the natural habitat of the Great Swamp National Wildlife Refuge, according to the claims of Dot Stillinger of the Chatham Township, who made a presentation to the Bernards Environmental Commission on Monday.

Bernards Township has at least 1.5 miles of gas or electric right of ways through the Great Swamp, and, according to Deputy Mayor John Malay and some of the other members of the Environmental Commission, Bernards may actually have up to three times that amount.

The right of ways give the utilities company in charge the right of access to the property so they can make repairs and do maintenance work on their gas and electric lines. The problem, according to Stillinger, is that the utilities companies have been indiscriminate in their treatment of the areas, clear cutting in some instances and using herbicides liberally to keep vegetation low for easy access.

While the removal of some vegetation is needed to ensure that maintenance vehicles can get in and out and that trees do not impinge on the power lines, excessive removal of vegetation could lead to harmful side effects. "Without the cover of vegetation, sever erosion occurs and pollution and sediment wash into streams," Stillinger's report said. The practice could lead to human health and safety concerns if herbicide runoff gets mixed in to drinking water, according to Stillinger.

To rectify the situation, Stillinger's plan is to influence the Ten Towns Great Swamp Watershed Management Committee to adopt a Vegetation Management plan for the maintenance of right of ways through the Great Swamp. The Ten Towns Committee was formed in 1995 as an inter-municipal agreement among the ten municipalities that have land in the Great Swamp, which includes Bernards Township.

The plan would lack enforcement, but could help to raise awareness of the problem and ensure that the gas and electric companies are held accountable for their practices. Stillinger said that the plan might not have the power to coerce but it could have the "power to embarrass" if utilities companies openly engaged in practices that hurt the environment.

Stillinger would like to see the following changes as a part of the proposed Vegetation Management plan:

• Limit herbicide use to only areas that are applicable, using spot treatment instead of spraying a large area
• Use manual cutting
• Use lightweight equipment for mowing and hand cutting in the wetlands
• Allow plants to grow up to 15 feet, encourage the use of shrubs
• Allow grasses and wildflowers to grow in the area, only remove invasive species
• Develop "habitat specific practices" for threatened species
• "Monitor the corridors, supervise the contractors and enforce the plan"

The enforcement remains the greatest challenge, as most of the recommendations are already codified in some way as part of the New Jersey Board of Public Utilities guidelines for right of way management. The problem, according to Stillinger, is that there is little accountability or supervision in the process and that utilities companies often act autonomously.

The Environmental Commission passed a resolution unanimously recommending that the Ten Towns Committee consider adopting a vegetation management plan similar to the one proposed by Stillinger. The next step for Bernards will be a review by the Township Committee of the situation, who might then encourage the three Bernards representatives to the Ten Towns Committee (of which Malay is one), to call for the adoption of the plan.

Millington Quarry Update

Earlier in the meeting before Stillinger's presentation, Malay gave a status update on the Township's dispute with the owners and operators of Millington Quarry.

Malay said that the matter remains in mediation, and there is currently a minimal amount of testing occurring on at the site. According to the testing report secured by the Township, higher than standard levels of arsenic were found in the groundwater on the quarry site, which according to Malay the quarry owners may claim is naturally occurring.

"Enough flags are being raised to present our argument to the DEP," Malay said. Once the testing is deemed complete, the DEP will review the data and make a decision about what remediation steps need to take place to ensure environmental protection and safety in the area. "The battle will be over what testing will be sufficient," said Malay.

Meeting Notes

The commission talked about revising the Township's "tree list," which is a master list of the species of trees that developers can and cannot plant. The list protects the area against trees that would overrun the naturally occurring species and plants, or types that may spread disease.

The commission also agreed to send a letter to the Bernards Board of Education asking them to publicly recognize and memorialize their policy of using pesticide-free lawn care products on school grounds and athletic fields. Bernards schools went pesticide free in the summer of 2008, and the Environmental Commission wants the school to publicize their decision to raise awareness about the potential harms of using pesticides.