Burlco farmer pleads guilty to harassing bog turtles

A Burlington County farmer, one of the largest producers of cut flowers on the East Coast, has pleaded guilty to a federal charge of harassing endangered bog turtles by causing damage to their habitat.

James Durr, deputy mayor of North Hanover Township, acknowledged this month that he cleared several rows of trees on his 140-acre North Hanover farm in 2005, causing soil erosion that may have affected the muddy area where the tiny orange-eared turtles had been known to live.

Durr said he chopped down trees along Turtle Creek, upland from the habitat of the federally protected species, shortly after acquiring the land. The trees were 600 feet from the habitat and he didn't think removing them would affect the turtles, he said.

"I would never in a million years want to do anything to harm them," Durr said Thursday. "I thought it was kind of nice that the farm had a rare species, so if any of my actions on the farm hurt the turtle habitat, I sincerely regret that."

By 2007, runoff had caused two feet of sand and gravel sediment to choke the stream channel, affecting the turtles' breeding habits and ability to survive, according to a federal indictment.

Durr said he had never seen a bog turtle in the area because they are "so elusive." The three-inch turtles live in holes.

Larry Hajna, spokesman for the state Department of Environmental Protection, said the turtles were classified as endangered "because they need a specialized habitat that diminished greatly during the period of wetlands loss during the 1950s to the 1970s." He was uncertain whether the turtles still lived on Durr's property, Hajna said Thursday.

Under terms of his plea arrangement, Durr faces up to five years' probation and could be ordered to donate $20,000 to a federal wildlife fund when he is sentenced in U.S. District Court in April, his lawyer, Peter Bennett, said.

Because the charge of harassment of an endangered species is a misdemeanor, Durr is not legally required to give up his seat on the Township Committee, Bennett said.

State law requires forfeiture when an official is convicted of dishonesty or a crime of at least the third degree, which carries a penalty of up to five years in prison.

Durr has been on the New Hanover Township Committee for four years, including a stint as mayor. He was reelected in November by a wide margin despite an opponent's campaign flier that accused him of "hurting the poor turtles," he said.

He said he pleaded guilty because he couldn't afford to go to trial, which he was told could cost $200,000.

Durr cultivates flowers on more than 700 acres he owns in Chesterfield and North Hanover. His company, Durr Wholesale Florists Inc., sells cut flowers to a clientele that includes caterers and New York restaurants. Durr also leases about 500 acres and grows vegetables.

Charges that he made false statements in 2006 to authorities investigating the clearing of wetlands were dismissed as part of the plea deal. The DEP cited Durr for chopping four acres of wooded wetlands without state approval. He and officials are in settlement talks.

The DEP launched its probe after receiving a tip about the tree-cutting.

The DEP later informed the federal Environmental Protection Agency that the wetlands were near a bog-turtle area that had been enhanced using federal Wildlife Habitat Incentives money.

According to the indictment, Durr learned about the protected habitat when he bought the land, and a federal conservation worker had warned him not to remove the trees.

Durr said he was told by the former landowner, a soybean farmer, that the rare species lived on the property. But his deed contained no mention of restrictions due to the habitat, he said.

"The former owner told me and showed me exactly where it was," Durr said. "I was clearing a distance away."