By Marion Filler
Environmental groups and concerned residents this week warned the state Department of Environmental Protection about potential threats to the Great Swamp and other waterways from a proposed 96-unit condo project in Harding.
The DEP characterized Thursday’s two-hour virtual hearing as a “listening session,” intended to help the agency decide whether to approve an expansion of sewer service to accommodate the massive development behind Morris Township’s Mt. Kemble office complex on Rt. 202.
But callers to the hearing also raised questions about storm water runoff, in an 11th-hour bid to scale back or derail a project that already has nailed down municipal approvals. The nonprofit Great Swamp Watershed Association (GSWA) contends it was not apprised of the plans in time to lodge its concerns earlier in the municipal process.
The public has until March 23, 2023, to send messages to the DEP. (Directions at bottom of story.)
Condos, a clubhouse and pool are proposed for a Harding Township property near the Great Swamp, and surrounded by Morris Township–which must provide ingress and egress as well as sewer service.
A key piece of the deal for Harding Township is a $1 million donation from the developer for Harding’s Affordable Housing Trust Fund.
Opponents hope to curb the condos by defeating an amendment to expand the sewer service area of the Woodland Sewage Treatment Plant.
They also argued Thursday that development of this previously permeable land will cause runoff contaminating the Great Swamp, Silver Brook and Great Brook, ultimately affecting drinking water.
Because the project is in the Highlands Region, there also may be a conflict with existing regulations not previously addressed, opponents said.
The sewage amendment is being sought by a developer identified by the state as KRE Harding Residential (AKA S/K Mt. Kemble). An internet search comes up with KRE as the Kushner Real Estate Group in Jersey City. Its president is Jonathan Kushner, brother of Jared Kushner.
‘VALIANT HAIL MARY’
Cathy Wilson, Morris Township Committeewoman and former mayor, labeled the virtual DEP meeting as “a valiant Hail Mary effort to stop a project that’s riddled with concerns.”
But at the outset, Gabriel Mahon, bureau chief of the DEP Division of Watershed Protection and Restoration, made it clear the purpose of the hearing only was to glean input before making a decision about the sewage amendment.
“This is not an adversarial hearing,” said Mahon. He explained that no cross examination of speakers would be allowed, because “cross examination is a process afforded only in contested cases, and the matter before us is not a contested case because the Department has not made a decision on the proposed amendment.”
Mahon asked if any elected officials were in attendance. Surprisingly, none responded from Harding or Morris Township. The developer also was not present. Although his attorney purportedly was among the 58 listeners, he was not identified and did not speak.
But many others did.
Elliott Ruga, policy and communications director of the New Jersey Highlands Coalition, started the conversation.
“Protecting the Highlands water supply is the paramount responsibility not only of the Highlands Coalition but of the DEP. Both agencies have clearly dropped the ball here, to the point that consistent determinations with (water quality) amendments have been rubber stamps to development, including those such as KRE that are located in a sub-watershed with the highest level of water deficit. The proposed extension should be denied.”
“The proposed development is just way too big for the resources that are on the site,” said area resident Dorothea Sellinger. “I urge the DEP not to grant any permits until the development is substantially reduced.”
Frances Schultz, attorney for the GSWA, said, “It seems very clear that this development into a previously undeveloped area that’s clearly adjacent to the wetlands and is contributing to it, significantly affects the Great Swamp.”
It does not follow the intent of the law to protect such areas from degradation and discharges, and should not be approved as presently proposed, she concluded.
“Conversion of 9.3 acres of woods to condominiums will result in a substantial increase in storm water runoff that will likely degrade downstream water quality,” said resident William Glancy.
“This will expose the Great Swamp to a substantial increase in phosphorus, total nitrogen, heavy metals, and petroleum hydrocarbons,” all of which will affect water quality as well as wildlife, Glancy said.
GSWA Director of Development Wade Kirby and Communications Manager Valerie Thorpe are waiting to see what the DEP decides.
“It was a done deal, but now it’s not a done deal because there has been such an outpouring and barrage from the public, GSWA, and Highlands Coalition,” Thorpe said.
“It was enough for the DEP to ‘say hold on, we’ll put together a hearing,’ and that’s what today was. They will take those concerns back to address them, but we have no timetable on when that will be,” she said.
HOW TO CONTACT DEP
Email to: WQMP.publiccomments@dep.nj.gov
Subject: Program Interest No. 435442, Activity No. AMD200007
Say: “My comments pertain to the Proposed Amendment KRE Harding Residential (AKA S/K
Mt.Kemble)”
Include your name, address, and email. –Source: Great Swamp Watershed Association.
