Jackson Township - Bowman Road
Jackson Township Planning Board voted to allow a new resource extraction operation on 109 acres along Bowman Road. This site is located in a Forest Management Area where new mining in not permitted under the Comprehensive Management Plan.
The Pinelands Preservation Alliance (PPA) attended the August 20, 2012 Jackson Township Planning Board meeting opposing the application for resource extraction on Block 19201, Lot 1 which is located along Bowman Road. This lot is listed on the Jackson Township Zoning map as being within the FA-2 zone which places it in a Pinelands Forest Management Area where no new mining operations are permitted.
The applicant disputes the zoning assigned to this lot and believes the lot is within a RD-9 zone, Pinelands Rural Development Area, which would permit a resource extraction operation.
[+ ZOOM] Jackson-Bowman
The Forest Management Area was assigned to Block 19201, Lot 1 during the Toms River Corridor Study planning process which was completed by the Pinelands Commission in February 2004. (click here to read report)
Jackson Township supported this study and passed several ordinances to implement the recommended protections for the Toms River Corridor in October of 2004.
Block 19201, Lot 1 was listed as being within the FA-2 zone as part of Ordinance #06-05, passed on January 24, 2005, which was an amendment to Ordinance #40-04. During Jackson's Land Use regulation process Block 19201, Lot 1 was not changed on the zoning map to reflect the recommendation made in the Toms River Corridor Study. The correction was made with the amended Ordinance #06-05. After the corrected Ordinance was passed by Jackson Township both ordinances were certified by the Pinelands Commission on April 15, 2005.
On March 27, 2006, Jackson Township adopted another of the recommend zoning changes of the Toms River Corridor Study when it passed Ordinance #07-06. This ordinance added the PED-1 and PED-9 zones for the Regional Growth areas along the Toms River. With this ordinance, Jackson Township also approved a new Zoning Map dated March 27, 2006 which shows Block 19201, Lot 1 in the FA-2 Zone. The Pinelands Commission certified this ordinance on November 9, 2007.
Again on February 8, 2011 Jackson Township passed a land use ordinance and zoning map. This Ordinance #02-11 amended and supplemented their Land Use and Development Regulations. It was entitled “Non-Pinelands Area Zoning District Regulations” but the Jackson Township “Zoning Map” in its entirety was replaced with a map dated December 20, 2010. This new zoning map again placed Block 19201, Lot 1 in the FA-2 zone. On February 28, 2011, Susan Grogan issued a “No Substantial Issue Findings” memo which included this ordinance.
The owner of Block 19201, Lot 1 still believing that his lot is within the RD-9 zone, Pinelands Rural Development Area, filed an application with the Pinelands Commission for a resource extraction operation on site.
On June 8, 2009 the Pinelands Commission issued a Certificate of Filing, which indicated that the application for resource extraction is not a permitted use in the Jackson Township's FA-2 Zone and the Pinelands Forest Management Area. This Certificate of Filing allowed the applicant to before the Jackson Township Planning Board.
On August 20, 2012, the Jackson Township Planning Board approved the application for resource extraction on Block 19201, Lot 1. (click here to read resolution).
On October 25, 2012 the Pinelands Commission issued a call-up letter on the Jackson Township Planning Board approval. (click here to read call-up letter) This letter states that the Jackson Township Planning Board approval "raises substantial issues" with the Pinelands Comprehensive Management Plan and no development can occur on the site until the issues raised in the letter are resolved.
Open Space Acquisition in the Maple Root Branch of the Toms River
In support of the Toms River Corridor Report the Pinelands Commission’s Conservation Fund, along with Ocean County Natural Lands Trust, purchased the land to the north of Block 19201, Lot 1 for open space. (OCNLT Roanoke Acquisition Map) This area is known as the Maple Root Branch of the Toms River and was included within a threatened and endangered species sightings cluster labeled Node B in Figure 8, on page 16 of the Toms River Corridor Report. The proposed mining site, Block 19201, Lot 1 is included in an area labeled as an extension of Node B.
The land to the east of Block 19201, Lot 1 is also owned by Ocean County and is the site of Patriots Park which contains many recreational fields. There is buffering around the fields that provide habitat for many threatened and endangered species known to exist in the area. These recreational and natural lands do not support activities that are as intense as the mining operation being proposed on Block 19201, Lot 1. The applicant testified at the Planning Board meeting that they will between 25 to 100 trucks entering and exiting the property every day. Once mining on the site begins these trucks will be mixing with the traffic of ongoing recreational activities.
The NJ DEP Landscaping mapping (Landscape map of Block 19201, Lot 1) shows the entire site with a Rank of 4, indicating habitat for state endangered species. This mapping along with the Pinelands Commission's Ecological Integrity Assessment mapping (EIA map of Block 19201, Lot 1) highlights and supports the reasons why the site was placed in the Forest Management Area when the Toms River Corridor Study was completed.
Comments submitted to the Pinelands Commission: