DEP Expects to Hear Concerns Over New Walmart Into March

The opportunity for public comments in the proposed agreement between the NJ Department of Environmental Protection and the developers of a new Super Walmart along Route 37 on the Toms River-Manchester border is expected to last until mid-March, said a department spokesman.

The agreement, which was announced in the Jan. 12 DEP Bulletin, a compilation of permit applications and decisions, would require developer Jaylin Holdings to preserve forest inhabited by threatened pine snakes while allowing the superstore and its parking lot to be built on 21 acres, while preserving 212 acres of land.

"At the time we made the announcement, we went with our standard 15 days from the date of publication of the DEP Bulletin" for public comment, said Lawrence Hajna, state DEP spokesman.

But Hajna said that because the permit has been through the approval process before, all residents who previously raised concerns must be contacted and allowed another opportunity to respond.

"We've greatly expanded the public comment opportunities," he said. "This is the third time this permit has been through the process."

According to a DEP release from last month, the department twice denied a Coastal Area Facility Review act permit filed by Jaylin because the development could impact the northern pine snakes, a threatened species in New Jersey. 

"All of those people are getting letters advising them of the new agreement. The last of those letters went out last week," Hajna said. "They will have 30 days from the receipt of that letter to make comments on this new proposition."

Hajna said that the DEP will also solicit more comments in the coming weeks.

"We will be publishing another notice, around Feb. 23, which will give people who did not comment on the previous announcement an additional 15 days to comment.

"In effect, the comment period will probably go into mid-March. There will be ample opportunity for people to comment," he said.

Once the time for comments has closed, Hajna said that the DEP will respond and take action, if need be.

For every acre of the Walmart develops, calls for 10 acres to be set aside to protect northern pine snake habitat. That amounts to more than 200 acres of Pitch Pine trees and small sandy hills that go on for miles alongside Route 37.

Planned conservation efforts include Jaylin’s construction of five den areas called hibernacula, canopy sections needed for snake basking, nesting areas and a fence to block human interaction.

"We'll look at the comments in the context of the agreement. If any changes are needed, well make these accommodations," he said. "We take those comments very seriously."

The DEP's ultimate goal, Hajna said, is that the parties will "enter into this agreement and the project will move forward," he said.

Some have already voiced opposition to the proposal, like Jeff Tittel, director of the New Jersey chapter of the Sierra Club.

“Northern pine snakes are in serious decline in New Jersey due to destruction and fracturing of their habitat as a result of development,” he said in a prepared statement when the DEP proposal was announced last month. “Allowing further development that close to existing dens will simply destroy the snake population.”

Those wanting to review the proposal and submit comments can call the DEP's Division of Land Use Regulation at 609-633-2289. Concerned residents may also mail written comments to: Ocean County Section Chief, Division of Land Use Regulation, NJDEP, P.O. Box 420 501-02A, Trenton, NJ 08625.