Review Zone Application for D&R Canal Commission Decision

Transcription

1 Review Zone Application for D&R Canal Commission Decision MEETING DATE: February 15, 2017 DRCC #: Latest Submission Received: January 25, 2017 Applicant: NJ Dept of Environmental Protection Division of Parks and Forestry Mail Code PO Box 420 Trenton, NJ Project Location: Road Municipality County Block(s) Lot(s) n/a n/a Hunterdon, Mercer, Middlesex, Somerset n/a n/a Jurisdictional Determination: Zone A Major Governmental Subject to Review for: Drainage Visual Subdivision Stream Corridors X X X THIS STAFF REPORT IS ISSUED AS A GUIDE TO APPLICANTS IN COMPLYING WITH DRCC REGULATIONS. IT IS NOT AN APPROVAL. NO CONSTRUCTION SHALL BEGIN UNTIL A CERTIFICATE OF APPROVAL HAS BEEN ISSUED. Documents Received: DRCC Application dated October 14, 2016; D&R Canal Commission Permit Application (4 pages); Statement of Purpose (1 page); Hazard Ash Removal and Restoration Proposal New Jersey State Forest Service (2 pages); Cost Estimate (1 page); Six Mile Run Reservoir Map (1 page) created by JORBA; Duck Island Hamilton Township Map (1 page) created by NJ Trails Association; Forest Management Plans and DEP Division of Land Use Regulation Permits Letter (5 pages) dated August 24, 2009; with attachment date September 27, 2016 from Rosa Yoo to Patricia Kallesser... The application is complete and shall be presented to the Commission for their action with a staff recommendation of approval at the February 15, 2017 meeting, based upon the following analysis: PO BOX 539 STOCKTON, NJ FAX

2 2 Existing: The project site is the D&R Canal State Park. There are ash trees throughout the 70 miles of the multi-use trail, neighboring high-use areas including various parking lots, and larger park areas such as Six Mile Run. Emerald ash borer (EAB) was detected in the D&R Canal State Park in 2015 in Franklin Township, Somerset County, and in 2016 in South Bound Brook. Surrounding municipalities have also detected EAB. EAB is an exotic beetle that was discovered in southeastern Michigan in The adult beetles eat ash foliage but cause little damage. The larvae feed on the inner bark of ash trees, disrupting the tree's ability to transport water and nutrients. EAB kills trees within three to four years after detection and 99% of the ash trees will die after initial infestation. Trees die from the top down and become brittle very quickly resulting in the risk of dropping large branches and tree tops. EAB has killed hundreds of millions of ash trees in North America and has been detected in 30 states. It is difficult to detect EAB in early stages of infestation when populations are low because EAB first infests the top of the tree s crown making identification of beetles or exit holes from the ground difficult. And, it is difficult to cut dead ash trees due to the deterioration of the wood. State and federal quarantine zones have been established to regulate the movement of ash trees and wood to prevent the spread of EAB into new areas. The State Forest Service and the State Park Service are working together to mitigate the impacts of EAB within the state. Approximately 9% of the state s total forested area or 24.7 million ash trees are susceptible to EAB infestation. The State Forest Service has identified heavily populated areas of ash trees in state parks and forests and high-use areas most visited by members of the public. It is anticipated that the linear and contiguous wooded nature of the D&R Canal State Park will facilitate the spread of EAB throughout the park and adjacent areas. The brittleness of the affected tree can cause a safety concern in parks where ash trees are located in heavily used areas. Proposed Project: The State Forest Service and State Park Service have identified the D&R Canal State Park as a high-use area for the preemptive felling of ash trees to reduce anticipated hazards caused by the trees. The applicant proposes to harvest at-risk, dying, and dead ash trees along the D&R Canal and replant the areas with seedlings. It is estimated that approximately 1,550 trees, 5-inches or more in diameter, leaning over or located within 15 feet of the park path, will be felled. The applicant states that this averages approximately 6 trees per acre. While there will be cutting throughout the park, the areas where the felling will be highest would be 76 to 105 trees per linear mile in Delaware Township outside Stockton Borough and 26 to 75 trees per linear mile in sections of Kingwood, Delaware and Hopewell Townships, and Franklin Township near Millstone Borough.

3 3 The identified trees will be cut flush with chainsaws. A lift will be used as needed to first cut dead branches and tree tops. All wood material will be left on site. The stumps will remain and small diameter trees and tree tops will be chipped. Portions of the trees too large for the chipper will be left on-site in log lengths of at least 8 feet to prevent the movement of solid wood outside the infected area. In order to mitigate the project s impacts, the applicant will implement a restoration plan. When felling and chipping is complete, a mix of whips or seedlings will be replanted in those areas of the park. It is estimated that approximately 1,000 seedlings will be planted per mile. Seedling species will include Swamp White Oak, Pin Oak, Tulip Poplar, Sweet Gum, Black Walnut, Dogwood, Arrowwood Viburnum, Black Chokeberry, Elderberry, and Eastern Redbud. Due to access and the park configuration, seedling planting will be done by hand-planting and any vehicle access will be restricted to the towpath, where appropriate. Invasive plant species and other competing vegetation will be spot-treated directly to the leaf with wetland registered herbicide by a licensed pesticide applicator to ensure the regeneration process. No trees will be planted on the embankment of the canal. The applicant developed a communication outreach program to inform the public and stakeholders of the project, including a web page, which will be updated weekly, Facebook posts on all DEP pages, a ListServ announcement, a podcast, notification to municipalities before the project reaches their area, and signage to be installed at management sites and/or parking lots. It is anticipated that the project will begin in late winter 2017, and will occur over multiple years. Tree cutting will occur when adult EAB are not active (September through April), and with consideration to timing restrictions related to Endangered and Non Game Specials Program and Office of Natural Lands Management concerns. The anticipated starting location for the project is the northern section of the main canal by South Bound Brook and Franklin Township. Stream Corridor: It is anticipated that several Commission stream corridors will be impacted by the felling of trees and replanting plan. The removal of native vegetation or actions that result in the death of native vegetation is prohibited except as necessary in connection with activities in the stream corridor permitted by the Commission, N.J.A.C. 7:45-9.3(a)8. Installation of native vegetation is not prohibited. Therefore, it is staff s opinion that if the project is approved, the replanting could be approved under the regulations and not require a waiver. Stormwater Management: The applicant is not proposing new impervious surface requiring stormwater management. In addition, the tree trunks will be left in place, any disturbance from hand planting will be intermittent over a 70-mile area, and trees will be replanted at the same approximate location. Therefore, the land use is not changing and staff finds that the stormwater requirements will be met.

4 4 Visual and Natural Quality Impact: The project is within the park and the Canal Historic District and will have an adverse impact on the visual and natural quality of the park. While the amount of trees removed will vary along the path, even small areas of removal in less dense areas could have a visual impact. In addition, stumps, piles of woodchips and 8-foot-long tree trunks will lie within the park. The reforestation plan will provide mitigation but the seedlings and whips will take time to grow. As further outlined below, it is staff s opinion that the project is eligible for a waiver based on compelling public need. Waiver of Strict Adherence to Review Standards: The applicant has submitted a request seeking a waiver of review standards due to compelling public need. N.J.A.C. 7: states that the Commission may waive a requirement of this chapter upon clear and convincing demonstration by the applicant that 1) strict adherence to the review standards or to a specific requirement of this chapter would conflict with a compelling public need; and 2) the project will not impair the intent and purpose of the Master Plan or this chapter. The D&R Canal State Park is a linear park that spans 70 miles. There are a large number of ash trees throughout the park. As noted above, EAB has been detected in the park, and research has shown that it travels quickly and easily and that 99% of trees die within three to four years of detection. Ash trees are a safety concern because they become brittle soon after mortality and can fall, dropping large branches and treetops. It is anticipated that trees impacted by EAB will create potential hazards affecting every mile of the D&R Canal State Park path, including parking areas. Because of the large number of ash trees, the linear nature of the park with park users frequently in close proximity to the trees, and that the park is heavily used with one million visitors annually, there is a safety concern for the public and park staff. Removal of infested ash trees or ash trees in close proximately to infested trees, prior to the onset of widespread ash mortality, will minimize the number of incidents adjacent to high-use areas and reduce the EAB populations by reducing its food source. The applicant states that alternatives to the felling of trees were examined, but they were of limited utility. First, DEP examined treatment with insecticides. As of January 6, 2017, the DEP identified 106 high-value trees within the park for insecticide treatment. However, this method is not conducive for the volume trees and nature of the park. The tree must be disease free, each tree must be treated individually, and the treatment is effective for a limited period of time (approximately two years). Second, DEP examined biological controls. Two species of parasitoid wasps have been introduced to the Blackwells Mills area of the park as a biological control. However, there are federal restrictions on criteria of release sites which most of the park would not meet given that it is a trail with close lying roads and townships. For example, there must be 40 acres of contiguous area that does not require treatment or removal even after EAB infestation has occurred. In addition, even in areas where biological controls can be used, it can take decades for populations to build to an effective level.

5 5 Lastly, an alternative can be to leave ash trees in place if it is a remote forest area. However, given the research of EAB in other states and that it will infest and kill approximately 99% of ash trees within a few years, it is not appropriate to leave ash trees standing in high-use areas. As noted above, EAB has already been identified in two sections of the park and several nearby areas, which means the population will likely increase. The applicant will implement a reforestation plan. The reforestation will prevent erosion, assist with ensuring there is no impact to the water quality in the park, and preserve the aesthetics of the park. Staff finds that the applicant has established a compelling public need as to the nature of EAB infestation, its ability to quickly spread, and potential hazards to the public in this linear park. The Master Plan notes that the park is a multiple-use resource and each of the primary roles must be given equal importance. The Master Plan identifies objectives that include the maintaining of the linear park, its use as a connector of communities, and a site for recreational activities. The protection of the water source from erosion or reduced shading and the maintenance of the park in its natural state will be addressed through the reforestation plan. We note that the project and reforestation plan have been reviewed with both SHPO for potential archeological concerns and the NJWSA for potential impacts to the water supply. Staff finds that the project meets a compelling public need and will not impair the intent of the Master Plan. Staff Recommendation: Staff recommends approval, conditioned upon the applicant providing monthly updates of the progress of the project at the Commission s monthly meeting. Sincerely, Marlene Dooley Executive Director c: Mark Texel, Director, NJDEP Parks and Forestry Patricia Kallesser, Superintendent, D&R Canal State Park Beth Gates, NJWSA Marc Brooks, NJWSA Rosa Yoo, NJDEP Forestry