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BOG TURTLE NEWS
Shaina searching for Bog Turtles
What is a Bog Turtle?
The Bog Turtle (Clemmys muhlenbergii) has become the latest challenge to developers and landowners in New Castle and Kent County. Sussex County shouldn’t feel left out, they have the Delmarva Fox Squirrel which presents its own unique challenges and will be addressed in a future article.
The Bog Turtle is a small reptile up to 4.5 inches in length which spends most of its life buried in the mud. Although it has been described as more secretive than rare, it has been classified as endangered by the State of Delaware and the State of Pennsylvania . In November 1997, the U.S. Fish and Wildlife Service (USFWS) added bog turtles to its threatened list. Under state and federal regulations, it is unlawful to sell, trade, barter, possess, import, export, catch, take, or kill bog turtles.
Why should I be concerned?
In the past few years, more and more development plans are being reviewed by State and Federal agencies, either as part of the State Planning Process or through Federal Permitting. It is not uncommon for potential bog turtle habitat to be mentioned during these reviews and lately plans have not been moving forward without Bog Turtle Surveys.
How do I find out if I have Bog Turtles?
A very limited number of people have been certified by the USFWS to conduct Bog Turtle Surveys and the surveys come in two phases. A Phase I Bog Turtle Survey can be conducted almost any time of the year and is designed to identify the presence or absence of suitable Bog Turtle Habitat on a site. These studies typically cost between $1000 and $5000 depending on the size of the site and the acreage of wetlands.
A Phase II Bog Turtle Survey consists of an actual search for Bog Turtles if the Phase I Survey identifies suitable habitat. These studies can only be conducted at a specific time of the year and under specific weather conditions. These surveys also require long man-hours spent on the site by multiple investigators on at least three separate occasions, all under the direction of a certified surveyor. These studies typically cost $10,000 to $20,000 depending on the size of the potential habitat.
What options do you have?
Under the best case scenario, you can have a Phase I Bog Turtle Survey conducted during your due diligence period prior to purchasing property. If you already own the property you can be proactive and have a survey conducted or you can just wait and see if any agencies raise the red flag during the review process.
If a Phase I Survey reveals that you have Bog Turtle Habitat on your site, you have the option of performing a Phase II Survey or designating a 300 foot buffer around the habitat and possibly additional restrictions or requirements as determined by Federal or State Agencies. If the Phase II Survey reveals that Bog Turtles exist, you will have to designate a 300 foot buffer around the habitat and you may have to implement a habitat management plan and possibly other restrictions or requirements as determined by Federal or State Agencies as part of your development plan.
If you decide not to be proactive and the Bog Turtle issue comes up anytime after April, you will have to wait until the following year if a Phase II Survey is needed.
How big of a gamble am I taking?
This question can only be answered upon consultation with a professional. It is possible to assess a property and predict the likelihood that Bog Turtle habitat is present. Once this likelihood is known you can work with a professional to determine how big a risk you are taking and what actions should be undertaken.
Are any Certified Bog Turtle Surveyors members of HBADE?
There are only three people on the approved list with Delaware addresses, two of them are private citizens and the third works for a long time member firm of HBADE. Joseph “Mick” McLaughlin works for James C. McCulley IV, Environmental Consultants, Inc. (JCM Environmental) a member firm for over 15 years.
Bog Turtle Expertise
Mick and Shaina (The Bog Turtle Team)
We are proud to announce the addition of Joseph "Mick" McLaughlin to our staff. Mick is a Certified Bog Turtle Surveyor and has over 30 years experience in Environmental Investigations. His degree is in Wildlife Management and his career history includes: The Delaware Department of Agriculture where he conducted amphibian and reptile studies as well as forest health management studies and nursery inspections; Delaware State University; Delmarva Ecological Laboratory; Environmental Research and Consulting Inc. and most recently Clemmys Environmental.
Mick will be working in the Special Projects Division and will be responsible for coordinating rare species surveys, bog turtle assessments and surveys and conducting wetland delineation, forest studies and wetland assessment.
Mick is one of the few Recognized Qualified Bog Turtle Surveyors in Delaware according to the list prepared by the United States Fish and Wildlife Service.
1 - The general progression of Bog Turtle Surveys
NOTE: These charts are a guide only and there may be additional steps or additional requirements which are not detailed here. Always consult a professional.
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