As debate begins anew over golf club, bog turtle raises its head

NORTH CANAAN — A decision on a permit that could put the proposed Yale Farm Golf Club back on the fast track is once again in the hands of the state Department of Environmental Protection (DEP). That agency says a decision on whether the project can proceed is close. But an attorney for a local opposition group is accusing federal agencies of making decisions on the project that violate the Endangered Species Act.

The tiny bog turtle, on the endangered species list for more than a decade, is the current focus in the battle over the potential development of the 780-acre Yale Farm in North Canaan and Norfolk.

An attorney for the Canaan Conservation Coalition sent a letter on Oct. 15 to the heads of the U.S. Fish and Wildlife Service and U.S. Army Corps of Engineers, as well as the U.S. Department of the Interior threatening to take legal action if the project is allowed to proceed. That letter was followed by one on Oct. 24 from Kirt Mayland, Eastern Water Project director for Trout Unlimited, supporting the allegations.

Early plans ended up under water

A group of investors led by Roland Betts, a New York City-based developer who maintains a home in North Canaan, has been working since 2002 on approvals to build what they describe as a world-class golf course, country club and recreational facility on the upland property.  

It received approvals from planning and zoning commissions in North Canaan and Norfolk, and from the Norfolk Inland Wetlands Commission. The application before the North Canaan wetlands commission was withdrawn following a court appeal by the grassroots Canaan Conservation Coalition, which cited an already-identified flaw in the wetlands mitigation portion of the plan.

As a series of lengthy public hearings drew to a close, the debate continued over wetlands impacts and water drawdown.

The developers have been working with the Army Corps of Engineers to fine-tune its course layout to minimize wetlands impacts. The state environmental agency is charged with creating what is called a 401 Water Quality permit.

Opponents say the copious amounts of water that will be used by the golf course, and a possible housing development, will have potentially disastrous effects on private wells and on watercourses.

Point counterpoint

In many respects, it has become a battle as much about deep pockets as it is about issues pertaining to the right to develop the land. Massive amounts of money are being spent on environmental experts, engineering consultants and attorneys. What has been produced are detailed reports that appear conclusive alone — but that are invariably countered by other expert opinions.

Such was the case last summer when herpatologist Michael Klemens conducted a bog turtle survey at Yale Farm, at the request of the developers. The week-long survey was criticized by the opposition as being too short to be conclusive. A survey was also conducted by Hudsonia, Ltd., an environmental research company hired by the Canaan Conservation Coalition.

Hudsonia did not find any bog turtles, or other endangered species, but also looked at abutting properties, potential endangered species habitats and impacts.

Opponents: Decision was premature

Mayland’s Oct. 24 letter contends that although the federal agencies knew the Hudsonia survey was being conducted, with results submitted last Aug. 15, they did not wait for the results before issuing decisions in late July.

He described the property as environmentally sensitive, surrounded by conservation land, which should be preserved.

At the DEP, Dennis Schain, spokesperson for the Bureau of Water Management, told The Journal there are two longstanding permit applications that his agency is moving along.

“We have determined both applications are complete,� Schain said. “One is the 401 Water Quality Certification that is part of a federal process, in conjunction with the Army Corps of Engineers. The other is the water diversion permit that the state controls and has to do with the amount of water they intend to use. Those applications are currently under review by the staff. This part of the process is where the staff members come up with any further questions they may have.�

As to the bog turtle issue, Schain said, “We take our cue from the fish and wildlife service. If they feel the matter is settled, then that’s what we go on.�

When a decision will be made is hard to say.

“We’re getting close,� Schain said, after giving the question some thought.

Last summer, the golf club developers received five-year extensions to its locally issued special permits. The North Canaan Inland Wetlands Commission will still have to give its approval for the project to proceed. That commission does not expect to see a new application without state approvals in place.