Take Action 1/29/2001

Note: if you don't live in NJ, use the Trail Conference's new address in Mahwah!

From: highlands-l mailing list: 

I'm writing to thank those responding to our alert to protect Hamburg Mountain. So far over 430 concerned individuals have responded. (If you haven't sent the alert, visit: http://www.actionnetwork.org/campaign/hamburg_mountain)

If I may, I ask another favor.

There is a poll on the Vernon website referencing the decision made by the Vernon Town Council to allow Intrawest to build on top of Hamburg Mountain. We need to get more people to vote on that site within the next three days.

The outcome, I'm told, will be used against us if the other side "wins".

Please visit:

http://pub20.bravenet.com/vote/vote.asp?usernum=1704950158&cpv=1

and choose "disagree with the TC's vote" on both questions.

Thanks again,
Dennis Schvejda

1/14/2001

We are protesting at Mayor John Logan's home in Vernon on Sunday, the 14th, from 11:00 AM to 1:00 PM. We need people to support us at this event. We will meet at 10:30 PM at the Vernon Municipal Building on Church Street and drive to his house. Anyone wishing to attend should go to Route 94 in Vernon and turn onto Church and the Municipal Building will be on the left. We'll caravan from there.

"MOUNTAIN CREEK" RESORT EXPANSION THREATENS HAMBURG MOUNTAIN!

On November 29 and 30, the Vernon Planning Board will hold what may be its last hearings on the proposed project. Hamburg Mountain, in northern Sussex County NJ, is the latest fierce battleground in the fight to save the Highlands' mountaintops and forests from sprawl development.

Hamburg Mountain was a state-owned wildlife management area until 1986, when the Legislature approved its sale to a ski resort developer. Now, Hamburg Mountain, a Highlands "Critical Treasure," faces its most serious threat.

In July 2000, the international Intrawest Corporation released plans for 1,600 condominiums, three hotels, two golf courses, a conference center and a "village of retail shops, restaurants and night clubs," much of it targeted for the forests and valleys of Hamburg Mountain. Intrawest's mountaintop development, which does not comply with a state conservation restriction or the Township's own Mountain Conservation District, will fragment the forests, destroy wildlife habitat and degrade water supplies.

Please attend the Vernon Township Planning Board hearings Wednesday, Nov. 29 at 7:30 p.m. and Thursday, Nov. 30 at 7:00 p.m. and voice your support for saving Hamburg Mountain. This Alert cosponsored by the New Jersey Conservation Foundation and Sierra Club.

What's at Stake on Hamburg Mountain? Significant Environmental Values!

WATER: Hamburg Mountain's forested watershed protects the headwaters and tributaries of two Highlands river systems: the Pequannock and the Wallkill. The Pequannock supplies drinking water to Newark and other communities in northeast New Jersey. Wallkill tributary Pochuck Creek is interrelated with the aquifer that supplies Vernon Township's drinking water as well as the Vernon Marshes, identified as Priority Wetlands by the U.S. Environmental Protection Agency, and the Wallkill River, location of a National Wildlife Refuge.

WILDLIFE: Hamburg Mountain is documented habitat for threatened and endangered species, including Barred Owl, Red-shouldered Hawk, Goshawk and bobcat, as well as typical Highlands fauna, including bears, river otter, and beaver. It is also home to the tiny Cerulean Warbler, a neotropical migratory songbird which a national coalition of conservation groups recently petitioned the federal government to protect under the Endangered Species Act.

FOREST: Hamburg Mountain in an integral part of a major contiguous forested area of the Highlands. Fragmentation and destruction of forests are the major threat to the Highlands ecosystem.

WETLANDS: Wetlands systems designated of "exceptional resource value" by the NJDEP are located on Hamburg Mountain.

What are the Reserved Public Interests and Rights in Hamburg Mountain?

Part of the Intrawest parcel on Hamburg Mountain was until 1986 part of a State Wildlife Management Area. In October, the office of the NJ Attorney General sent a letter to Intrawest raising "significant concerns" and stating that this land "is subject to a deed restriction providing that the conveyed lands could only be used for parks, natural areas, forests, camping, fishing, water reserves, wildlife, reservoirs, hunting, boating, wintersports and similar uses for either public outdoor recreation or conservation of natural or historic resources or both. Please be advised that, given the nature of the deed restriction, the proposed Mountain Resort development may entail uses that are in conflict with the deed restriction."

Has any Legal Action been Taken regarding this Development?

Yes. Several members of the Highlands Coalition have appealed the Vernon Township ordinance change to Superior Court, including the Association of NJ Environmental Commissions, Environmental Defense, NJ Audubon Society, NJ Conservation Foundation and Sierra Club. NJCF has established a Hamburg Mountain Legal Defense Fund to fight to preserve this critical treasure.

Contributions to the Hamburg Mountain Legal Defense Fund may be sent to the New Jersey Conservation Foundation, 170 Longview Road, Far Hills, NJ 07931, 908-234-1225.

Impact on the NY-NJ Trail Conference

Although the Trail Conference does not maintain any trails on Hamburg Mountain, many locals hike on the mountain. The Appalachian Trail runs very close to the proposed development and some of it may be visible from the Trail. In addition, both the Wallkill River and Pochuck Creek, mentioned above, cross the Trail and development might impact their water. The Trail Conference is a significant member of the Highlands Coalition. They need our support  because the Highlands, as a whole, are an important part of our trail system.

DIRECTIONS TO VERNON TOWNSHIP MUNICIPAL BUILDING, 21 CHURCH STREET:

From the east (Interstate 287): Take I-287 north to Rt. 23 NORTH (Butler exit). Travel approx. 25 miles, passing Canistear Rd. exit. Take exit for Rt. 515 NORTH (Hardyston). Go approx. 9 miles to Vernon Town Center. At light at Rt. 94 junction, LEFT onto Rt. 94 SOUTH. Quick RIGHT onto Church Street. .3 miles to Municipal Complex on left. Parking next to building.

From the west and south: Take Route 94 NORTH. Go through the light in Hamburg. Continue on Rt. 94 approx. 3 miles to the light in McAfee. BEFORE THE LIGHT, BEAR RIGHT. (Stay on Route 94). Pass Mountain Creek on right. Pass Dunkin Donuts on left. Church Street is to LEFT. Municipal Complex and parking are on the left.

For more information: Wilma Frey, 908-234-1225

Review of Nov. 29-30 meeting and continuation meeting

At the November 30 Planning Board hearing, Steven Balzano, of Amy Greene Associates, an environmental consultant hired by New Jersey Conservation Foundation to represent them, was on the witness stand from 7 PM to 1 AM.

• Mr. Balzano, using G.I.S. maps, demonstrated that the entire tract proposed for development falls within one or another category as an Environmentally Sensitive Area (ESA). The consultant analyzed water resources (streams, pond and lakes, wetlands); environmentally sensitive soils (steep slopes, specific soil types, and water table near the surface); and other resources (Threatened and Endangered species, "core forest" habitat for interior forest species, and historic resources).
• Mr. Balzano testified that impacts from the proposed development - which includes multiple structures, a golf course and roads - on Threatened and Endangered species will be "significant and unreasonable," and that likewise, the impacts on water resources will be "significant and unreasonable."
• Mr. Balzano pointed out that the General Development Plan (GDP) will be the only opportunity to evaluate the cumulative impacts of the proposal. The GDP offers the opportunity to allow changes to occur during the review. After GDP approval, an application is subdivided into small areas for site plan approval. Wetlands laws prohibit such segmentation of a project.

WATER: Hamburg Mountain's forested watershed protects the headwaters and tributaries of two Highlands river systems: the Pequannock and the Wallkill. The Pequannock supplies drinking water to Newark and other communities in northeast New Jersey. Wallkill tributary Pochuck Creek is interrelated with the aquifer that supplies Vernon Township's drinking water as well as the Vernon Marshes, identified as Priority Wetlands by the U.S. Environmental Protection Agency, and the Wallkill River, location of a National Wildlife Refuge.

WILDLIFE: Hamburg Mountain is documented habitat for threatened and endangered species, including Barred Owl, Red-shouldered Hawk, NothernGoshawk and bobcat, as well as typical Highlands fauna, including bears, river otter, and beaver. It is also home to the tiny Cerulean Warbler, a neotropical migratory songbird which a national coalition of conservation groups recently petitioned the federal government to protect under the Endangered Species Act.

Mr. Balzano testified that the proposed development essentially "wipes out" the habitat of the T&E species.

He also testified that additional threatened and endangered species may exist on the site, such as bog turtle and Indiana bat. The applicant was notified twice by the U.S. Fish and Wildlife Service to conduct a bog turtle survey. This has not been done. No surveys were performed for the Indiana Bat, a federally endangered species known to inhabit abandoned mines in nearby Rockaway Township. Similar mines are located on Hamburg Mountain. In addition, the wildlife survey prepared for Intrawest began in May, too late to catch blue spotted salamander, rattlesnake and other species.

FOREST: Hamburg Mountain in an integral part of a major contiguous forested area of the Highlands. Fragmentation and destruction of forests are the major threat to the Highlands ecosystem. According to Mr. Balzano, analysis of the GDP, assuming an "edge effect" of 100 yards on golf course fairways and other new openings (a conservative distance for edge effect), results in 96% reduction in the core interior forest habitat required by the Threatened and Endangered species that inhabit the site. Currently, the site contains 676 acres of core forest, with 387 acres in patches larger than 250 acres (the minimum size necessary for habitat purposes).

WETLANDS: Wetlands systems designated of "exceptional resource value" by the NJDEP are located on Hamburg Mountain.

Yes, in our opinion. Vernon Township's 1995 Master Plan calls for the preservation of Vernon's natural resources, and identifies critical and sensitive water resources, woodlands and open space. It notes the importance of Hamburg Mountain for passive recreation, open space, and scenic vistas. It calls for strict limitations on development, including the preservation of scenic vistas and forested ridges.

Vernon Township adopted, as part of its Comprehensive Land Development Subcode, the "Mountain Conservation Classification and District" (Section 1141c) as zoning for the property. This zoning was designed to be consistent with the restricted use of the Hamburg Mountain WMA, and limited disturbance of woodlands, steep slopes, wildlife habitats and other environmentally sensitive areas.

However, because Intrawest could not meet the stringent environmental protections in Vernon's land use subcode, rather than require Intrawest to design a development that could pass review, the Township Council on June 12, 2000, adopted a new ordinance ".to Provide for Mountain Resorts," custom-made for Intrawest. The new ordinance allows activities and construction in the Mountain District, including ski trails, ski lifts, gondolas, rope tows, base facilities, golf courses, clubhouses, water park and water rides, which are prohibited by both the deed restriction for the property and by Section 1141c of Vernon's subcode.

What are the Reserved Public Interests and Rights in Hamburg Mountain?

Part of the Intrawest parcel on Hamburg Mountain was until 1986 part of a State Wildlife Management Area. In October, the office of the NJ Attorney General sent a letter to Intrawest raising "significant concerns" and stating that this land "is subject to a deed restriction providing that the conveyed lands could only be used for parks, natural areas, forests, camping, fishing, water reserves, wildlife, reservoirs, hunting, boating, wintersports and similar uses for either public outdoor recreation or conservation of natural or historic resources or both. Please be advised that, given the nature of the deed restriction, the proposed Mountain Resort development may entail uses that are in conflict with the deed restriction."

Yes. Several members of the Highlands Coalition have appealed the Vernon Township ordinance change to Superior Court, including the Association of NJ Environmental Commissions, Environmental Defense, NJ Audubon Society, NJ Conservation Foundation and Sierra Club. NJCF has established a Hamburg Mountain Legal Defense Fund to fight to preserve this critical treasure.

Contributions to the Hamburg Mountain Legal Defense Fund may be sent to the New Jersey Conservation Foundation, 170 Longview Road, Far Hills, NJ 07931, 908-234-1225.