The New Jersey Department of Environmental Protection has been accused of damaging the habitat of the threatened and endangered birds it was supposed to protect.
The work was designed to create habitat for one bird species, but ended up destroying habitat for two other species.
The department admitted it filed a notice of violation and threatened penalties against its fish and wildlife division for unauthorized work in February and March at the Glassboro Wildlife Management Area in Clayton, Gloucester County.
The infringement notice includes the threat of fines, but it was unclear how that might work when DEP is both the accuser and the defendant. Nor was it immediately clear whether money could actually change hands. The department did not respond to questions about possible fines.
The work involved clearing vegetation and soil disturbance on nearly 3 acres of what the state calls “exceptional freshwater wetlands.” Before the work was completed, this land was considered suitable habitat for the endangered Spotted Owl and Red-shouldered Owl.
The project also cleared and disturbed an additional 12 acres of land near wetlands known as transition zones, which are also protected.
The DEP declined Friday to discuss how the work was done without a permit.
On its website, the department wrote on Feb. 1 that the work aims to create 21 acres of habitat for the American grouse, a member of the sandpiper family, which uses its long, narrow bill to feed on earthworms in moist soil. . The project was designed to create a “meadow habitat”.
But in doing so, the state destroyed mature oak and pine stands in and near wetlands and filled in some wetlands, four conservation groups said in a letter to the department in early March complaining about the work . The agency issued the violation notice on April 6.
“The soil and flora of previously undisturbed wetlands were destroyed, and the mature forest, which was already the habitat of many rare plant and bird species, was suddenly cleared,” the groups wrote. “All the trees were felled and all the stumps demolished.”
Tom Gilbert, head of the New Jersey Conservation Foundation, said: “This should never have happened. They must also take steps to improve their clearly inadequate internal review process and engage the public in a meaningful way.”
Jaclyn Rhoads, deputy executive director of the Pinelands Preservation Alliance, praised the state for admitting its mistake, but said the DEP should provide a list of ongoing projects on its website for public review.
“Thanks to the public, we were able to stop further destruction of this landscape,” he said.
Agency spokesman Larry Hajna said the Fish and Wildlife Division’s Bureau of Land Management must implement appropriate soil conservation measures within 10 days and submit a plan within 30 days to to restore the site. This should include removing any wood chips stored there.
By the end of April, DEP expects to issue a notice of penalty assessment.
Fish and Wildlife will propose additional environmentally beneficial measures that will be subject to a public comment period, Hajna said.

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