Documents/data regarding the Sparta Mountain Wildlife Management Area and the Sparta Mountain Forest Stewardship Plan

Simon Levien filed this request with the New Jersey Department of Environmental Protection of New Jersey.
Tracking # 213600
Est. Completion None
Status
Fix Required

Communications

From: Simon Levien

To Whom It May Concern:

Pursuant to Open Public Records Act ("OPRA"), I hereby request the following records:

Any and all documents, statistics, data, reports, audits, policies, and procedures pertaining to the Sparta Mountain Wildlife Management Area (SMWMA) and the Sparta Mountain Forest Stewardship Plan (SMFSP) possibly including:

• all procedures and surveys regarding the SMWMA and SMFSP

• any written policies or procedures regarding department practices on the handling of wildlife, bio/geological surveys in the SMWMA and/or in regard to the SMFSP, including protocols for collection, testing, etc. and transfer to all other possibly relevant locations, laboratories, or agencies from the period of January 1, 2011 through the date this request is processed

• all audits involving this agency regarding the SMWMA and the SMFSP

• all proposed alterations or yet-to-be-implemented changes to the policies and procedures regarding the SMWMA and/or the SMFSP

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 7 business days, as the statute requires.

Sincerely,

Simon Levien

From: DEP records

Mr. Levien

I have manually entered your request into our database. You can use the tracking number 213600 when inquiring about your request. You should receive a response to your request by 8/23/17.

Keith Harley
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Senior Clerk
Office of Records Access
401 E. State Street
P.O. Box 420
Mail Code 401-06Q
Trenton, NJ 08625-0420
Phone: 609-341-3121

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From: DEP records

Good Morning Mr. Levien,

The program is looking for clarification with regards to your request. See questions below.

1) Which procedures, surveys, statistics, and reports they are seeking and from which dates? This can pertain to wildlife, plants, soils, hydrology, etc. If wildlife, which species or species group? ENSP, BWM, BFF have likely included parts of SMWMA in their surveys that date back a few decades, and that's just for wildlife.

2) Which specific wildlife species handling protocols and surveys are they seeking?

This request may be denied for being overly broad and unspecific to the records being sought. OPRA records requested must contain a brief description of the records sought. Also, if this request requires the NJDEP to conduct research & correlate data, which is not, required pursuant to past rulings, this request may be denied. In other words an OPRA request must request with specificity government records and not information.

If you are seeking records from a specific program only (i.e. Site Remediation) or certain type of records please notify us and we will refer your request only to those programs. Doing so, may reduce any potential cost charges that arise from sending the request to unnecessary programs.

You have (3) business days to respond to this request, for clarification. Accordingly, your request will be extended the appropriate number of business days based on the receipt of your response.
If a response is not receive within (5) business days of the date your request was received, the request will be closed.

We apologize for this inconvenience and look forward to serving the needs of your request. If you have any questions, please call our office at (609) 341-3121.

From: Rausa, Trisha

Good afternoon Mr. Levien,

The program is looking for clarification with regards to your request. See questions below.

1) Which procedures, surveys, statistics, and reports they are seeking and from which dates? This can pertain to wildlife, plants, soils, hydrology, etc. If wildlife, which species or species group? ENSP, BWM, BFF have likely included parts of SMWMA in their surveys that date back a few decades, and that's just for wildlife.

2) Which specific wildlife species handling protocols and surveys are they seeking?

This request may be denied for being overly broad and unspecific to the records being sought. OPRA records requested must contain a brief description of the records sought. Also, if this request requires the NJDEP to conduct research & correlate data, which is not, required pursuant to past rulings, this request may be denied. In other words an OPRA request must request with specificity government records and not information.

If you are seeking records from a specific program only (i.e. Site Remediation) or certain type of records please notify us and we will refer your request only to those programs. Doing so, may reduce any potential cost charges that arise from sending the request to unnecessary programs.

You have (3) business days to respond to this request, for clarification. Accordingly, your request will be extended the appropriate number of business days based on the receipt of your response.
If a response is not receive within (5) business days of the date your request was received, the request will be closed.

We apologize for this inconvenience and look forward to serving the needs of your request. If you have any questions, please call our office at (609) 341-3121

Trisha Rausa
Office Of Record Access

From: DEP records

Good Morning Mr. Levien:

Please note the Office of Record Access attempted numerous times to email you for clarification with regards to your OPRA Request within the last 5 days. Due to the fact that you provided an incorrect email address our email attempts have failed to reach you. Yesterday we sent a third clarification email to the correct email address that should've reached you. Unfortunately, no telephone number was provided as an alternate means of contact.

We ask that you please review that email and provide the clarification needed to process the request. Otherwise, this request may be denied for being overly broad and unspecific to the records being sought. OPRA records requested must contain a brief description of the records sought. Also, if this request requires the NJDEP to conduct research & correlate data, which is not, required pursuant to past rulings, this request may be denied. In other words an OPRA request must request with specificity government records and not information.

The NJDEP is extended the processing of this request another additional (2) business days in order for you to have time to review the clarification request and provided a response. If a response is not received within (2) business days of this email, the request will be closed.

We apologize for this inconvenience and look forward to serving the needs of your request. If you have any questions, please call our office at (609) 341-3121.

Thank You,

Trisha Rausa
Office Of Record Access

From: Coefer, Matt

Muckrock:

The New Jersey Department of Environmental Protection (NJDEP) has been attempting to contact the requester "Simon Levien" concerning the attached Open Public Records Act (OPRA) request.

Unfortunately, due to the uniqueness of the email address there was a data entry error when entering the request into the NJDEP's OPRA Tracking System that resulted in our attempts in seeking clarification of the request to fail. Additionally, the length of the email address is too long to be accommodated in the NJDEP's OPRATS system resulting in additional communication issues. Finally, there was no alternative communication means (i.e. telephone number) provided.

As such, we are emailing this email address and copying the correct one provided in the request.

With regards to the attached request, without clarification the request is improper and overly broad. The NJDEP requires the following clarification in order to process the request:

1. Which procedures, surveys, statistics, and reports are you seeking and from which dates or time frame?

As such records can pertain to wildlife, plants, soils, hydrology, etc. If wildlife, which species or species group?

1. Which specific wildlife species handling protocols and surveys are you seeking?

Due to the clarification needed and the communication issues, the NJDEP will extend the due date of this request until August 30th in order to receive clarification. Upon receipt, the NJDEP will process the request within the allowable 7-business day. If clarification is not received by Wednesday, August 30th, the request will be closed.

Sincerely,

Matthew J. Coefer, Chief Records Custodian
NJDEP - Office of Record Access
(609) 633-1339

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