WalMart Toms River-Manchester Site

NJ DEP issued a permit for the twice denied application to build a WalMart Supercenter in Toms River - Manchester Township's, Ocean County.

Jaylin Holdings submitted a second application to the New Jersey Department of Environmental Protection to build a Walmart Supercenter on 21-acres, located along Route 37 West in Toms River and Manchester Township’s in Ocean County.

On March 16, 2010 the NJ DEP issued a denial of this second application. The applicant filed an appeal and after many months of settlement talks the NJ DEP issued a permit on April 18, 2012. (click here)

Image of Aerial photo of the location of the new WalMart.[+ ZOOM] Aerial photo of the location of the new WalMart. © PPA

This permit was issued despite two previous rejections because the proposed site was determined to be habitat for the state threatened northern pine snake. The proposed permit will allow the construction of the store in exchange for 212 acres of enhanced Northern Pine Snake habitat in another portion of Manchester Township.

PPA and other environmental groups don’t feel the permit conditions are favorable for the Northern Pine Snake because 6 separate tracks of land are being proposed. The tracts of land are fragmented and would have to be enhanced to make them attractive to the snakes. This would involve activities like constructing wintering den areas, removing underbrush, thinning trees and blocking off-road vehicle traffic.

The following were submitted to the NJ DEP during the settlement process:

Download WalMart - Comments by Pinelands Preservation Alliance

WalMart - Comments by Pinelands Preservation Alliance - 716.9KB
submitted on January 19, 2012. Comments contain a review by Dr. Joanna Burger, Professor of Biology Rutgers University.

Download Wal-Mart - Settlement Comments - American Littoral Society

Wal-Mart - Settlement Comments - American Littoral Society - 49.1KB
submitted on January 20, 2012

Download WalMart - Comments by Environmental Groups

WalMart - Comments by Environmental Groups - 265.8KB
submitted by New Jersey Conservation Foundation, New Jersey Audubon Society, Stony Brook-Millstone Watershed Association, NY/NJ Baykeeper, New Jersey Environmental Federation, Environment New Jersey, Sierra Club (New Jersey Chapter) on January 20, 2012.

The following items are are part of the DEP file:

Download WalMart - DEP Stipulation of Settlement

WalMart - DEP Stipulation of Settlement - 858.5KB
December 21, 2011

Download WalMart - Vernal Habitat Mitigation Proposal

WalMart - Vernal Habitat Mitigation Proposal - 1.9MB
by EcolSciences, Inc. dated November 2, 2011

Download WalMart - DEP Letter to Applicant

WalMart - DEP Letter to Applicant - 113.5KB
dated November 10, 2011

Download WalMart - Heritage Minerals Letter to NJDEP

WalMart - Heritage Minerals Letter to NJDEP - 185.4KB
dated February 16, 2011

Download WalMart - Toms River-Manchester - Response Letter

WalMart - Toms River-Manchester - Response Letter - 3.0MB
submitted by our attorney Ron Gasiorowski

Download WalMart - Toms River-Manchester - Exhibit A

WalMart - Toms River-Manchester - Exhibit A - 2.0MB
Northern Pine Snake and the Wal-Mart Superstore proposed Development, Report of Dr. Joanna Burger

Download WalMart - Toms River-Manchester - Exhibit B

WalMart - Toms River-Manchester - Exhibit B - 110.1KB
Resolution of the Toms River Township Planning Board, dated December 2, 2009

Download WalMart - Toms River-Manchester - Exhibit C

WalMart - Toms River-Manchester - Exhibit C - 80.7KB
Resolution of th Manchester Township Planning board, dated December 7, 2009

Download WalMart - Toms River-Manchester - Exhibit D

WalMart - Toms River-Manchester - Exhibit D - 336.3KB
Review of Stormwater Management plan submitted by applicant, done by Princeton Hydro March 4, 2011.

The following documents pertain to the application and settlement:

Download Walmart CAFRA - Denial Permit of second application

Walmart CAFRA - Denial Permit of second application - 831.6KB
New Jersey DEP letter of March 16, 2010

Download WalMart - Analysis of Conceptual Habitat Evaluation for WalMart - Nov 29, 2010

WalMart - Analysis of Conceptual Habitat Evaluation for WalMart - Nov 29, 2010 - 846.0KB
For Northern Pine Snakes, for WalMart site and Associated proposed mitigation parcels, prepared by EcolScences, Inc.

Download WalMart - Endangered and Threatened Habitat Impact Assessment Report - Nov 29, 2010

WalMart - Endangered and Threatened Habitat Impact Assessment Report - Nov 29, 2010 - 3.1MB
For Block 505, Lots 14,15, Block 44, Lots 2, 3, 4 & 5, prepared by EcolSciences, Inc. (revised from the September 23, 2009 report below)

Download WalMart - CAFRA Statement of Compliance Report Addendum - Nov 29, 2010

WalMart - CAFRA Statement of Compliance Report Addendum - Nov 29, 2010 - 981.2KB
for Proposed WalMart Super Center, (also see original submission below)

Comments and/or recommendations by NJDEP Endangered and Nongame Species Program:

Download WalMart - NJDEP ENSP comments and recommendations - Jan 11, 2011

WalMart - NJDEP ENSP comments and recommendations - Jan 11, 2011 - 30.7KB
review of Jaylins Holdings/WalMart analysis report.

Download WalMart - NJDEP ENSP comments or recommendations - March 10, 2010

WalMart - NJDEP ENSP comments or recommendations - March 10, 2010 - 338.0KB
Habitat evaluation review of Jaylins Holdings documents.

Download WalMart - NJDEP ENSP comments or recommendations - Mar 30 2005

WalMart - NJDEP ENSP comments or recommendations - Mar 30 2005 - 124.0KB
Review 1st application documents submitted by EcolSciences, which were dated May 2, 2006.

Download WalMart - NJDEP ENSP comments and recommendations - May 12, 2006

WalMart - NJDEP ENSP comments and recommendations - May 12, 2006 - 98.9KB
Walmart analysis Jaylins Holdings reports and submissions.

PPA's reactions to the settlement permit and mitigation plan:

1. Barnegat Bay loses again. All this new impervious surface will negate some part of the Governor Christie’s plan for the Barnegat Bay. If NJDEP administration keeps approving developments like this in the watershed, where it has regulatory leverage, then it will ultimately defeat all efforts and public expenditures. How much public money has to be spent fixing stormwater basins just to make up for the new nutrient loads coming off this development?

2. PPA doesn’t think the CAFRA rules let DEP do this kind of mitigation for a development that admittedly violates the habitat protection standard for on-site development impacts.

3. The mitigation plan is speculative and temporary. The habitat improvement measures are unproven, and the challenge is at least significant given how bad the mitigation parcels look for this purpose.

4. The offsetting or mitigation land that has been proposed, is not appropriate northern pine snake habitat. The parcels are disconnected from the known habitat (with one exception adjoining the Walmart parcel); the parcels are even disconnected from one another; so they do not form a coherent, contiguous area sufficient to support a northern pine snake population. The parcels adjoin private, developable lands, including the Pinelands Village of Beckerville, so we can expect the fragmentation to get worse over time. Some parcels are mostly, some almost entirely, wetlands, which is not good northern pine snake habitat. One parcel is a former illegal sludge application site (the so-called Lewis site). It’s really pretty shocking that DEP didn’t even make the developer come up with contiguous parcels!

5. There doesn’t seem to be a credible mechanism to protect these disconnected parcels permanently. After the Stafford Business Park diversion (with no compensating land protection), state government has about zero credibility using conservation deed restrictions.

Memorandums by John Heilferty, Division of Land Use Regulation (from DEP file).

Download WalMart - Memo CAFRA Compliance Review - March 10 2010

WalMart - Memo CAFRA Compliance Review - March 10 2010 - 141.8KB
prepared by J. Heilfery, Division of Land Use Regulation

Download WalMart - Memo CAFRA Compliance Review - March 11 2010

WalMart - Memo CAFRA Compliance Review - March 11 2010 - 74.3KB
prepared by J Heilfery, Division of Land Use Regulation

Comments submitted by other environmental groups on the second application:

Download WalMart - Toms River-Manchester - New Jersey Conservation Foundation

WalMart - Toms River-Manchester - New Jersey Conservation Foundation - 27.7KB
letter March 10 2011

Download WalMart - Toms River-Manchester - American Littoral Society

WalMart - Toms River-Manchester - American Littoral Society - 40.9KB
letter dated March 10, 2011

Download WalMart - Toms River-Manchester - Sierra Club

WalMart - Toms River-Manchester - Sierra Club - 69.9KB
Letter written March 3, 2011

Older documents related to the project:

On March 10, 2010 the Endangered and Nongame Species Program issued an environmental review indicating a loss of northern pine snake habitat would occur if the site was developed. Read the report below:

Download WalMart - Endangered and Nongame Species Environmental Review

WalMart - Endangered and Nongame Species Environmental Review - 338.0KB
NJ DEP Endangered and Nongame Species Environmental Review of Jaylin Holdings application for a WalMart in Toms River Township, March 10, 2010

Download WalMart - Toms River-Manchester - CAFRA Land Use Regulation Memo

WalMart - Toms River-Manchester - CAFRA Land Use Regulation Memo - 338.0KB
New Jersey Division of Land Use Regulation Memo on the application, March 10 2010

Earlier documents that have been submitted to NJ DEP:

Download WalMart - CAFRA and Freshwater Wetlands General permit Statement of Compliance Report

WalMart - CAFRA and Freshwater Wetlands General permit Statement of Compliance Report - 3.3MB
Proposed WalMart Super Center site, prepared by EcolSciences, Inc - September 23, 2009

Download WalMart - Endangered and Threatened Wildlife Habitate Impact Assessment - Sep 23, 2009

WalMart - Endangered and Threatened Wildlife Habitate Impact Assessment - Sep 23, 2009 - 2.2MB
for Block 505 Lots 14 & 15, Block 44, Lots 2, 3, 4, & 5, prepared by EcolSciences, Inc,

The Pinelands Preservation Alliance jointly with the American Littoral Society submitted comments to the New Jersey DEP requesting that they deny the first application submitted by Jaylin Holdings due to the fact it did not meet all applicable CAFRA rules. Read our comments.

Additional documents:

Download WalMart 2009 additional Traffic Counts

WalMart 2009 additional Traffic Counts - 129.0KB
Additional traffic counts on the Northampton intersection.

Download WalMart offsite preservation sites

WalMart offsite preservation sites - 385.6KB
Blocks and lots in Manchester Township that will be used for offsite preservation.

News coverage:

Download NEWS - WalMart - Township Counsel Expects Walmart Litigation Headed to Appellate Division MP 22 Aug

NEWS - WalMart - Township Counsel Expects Walmart Litigation Headed to Appellate Division MP 22 Aug  - 49.9KB
Manchester Patch, August 22, 2012

Download NEWS - Toms River Manchester Walmart  April 21 2012

NEWS - Toms River Manchester Walmart April 21 2012 - B
New York Times, Walmart Hushed up a vast Mexican Bribery Case

Download News - Toms River-Manchester WalMart - Mar 25 2010

News - Toms River-Manchester WalMart - Mar 25 2010 - 41.7KB
Asbury Park Press, Pine Snake again stymied Walmarts pan for Route 37 store in Toms River, by Kirk Moore.

Download News - Toms River-Manchester WalMart 10 Mar 2010

News - Toms River-Manchester WalMart 10 Mar 2010 - 71.8KB
Manchester Times, Clarifying The Record On Wal-Mart Proposal by Theresa Lettman

Download News - Toms River-Manchester WalMart  - Mar 23 2010

News - Toms River-Manchester WalMart - Mar 23 2010 - 157.6KB
Asbury Park Press, DEP again nixes Walmart plan but Christie wants it approved, by Kirk Moore.

Download News - Toms River-Manchester WalMart 02 Feb 2010

News - Toms River-Manchester WalMart 02 Feb 2010 - 29.9KB
Asbury Park Press - Manchester Planning Board hears WalMart application, by Kirk Moore

Download News - Toms River-Manchester Walmart 17 Feb 2010

News - Toms River-Manchester Walmart 17 Feb 2010 - 43.1KB
Asbury Park Press, WalMart justifies need for variances in plan for Toms River Manchester Store, by Kirk Moore

Download News - Toms River-Manchester WalMart 25 Jan 2010

News - Toms River-Manchester WalMart 25 Jan 2010 - 32.5KB
Asbury Park Press, Round 2 of proposed Manchester Walmrt vs pine snakes, by Kirk Moore

Download News - Toms River-Manchester WalMart 26 Jan 2010

News - Toms River-Manchester WalMart 26 Jan 2010 - 30.1KB
Asbury Park Press, Local Supermarket owner allowed involvement in Walmart dispute, by Kirk Moore

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