Posted on October 25, 2016
By Carol Comegno, Courier-Post
The city government has filed a lawsuit to halt the pending use of its island as a dumping ground for river dredge spoils.
Burlington City is seeking a temporary restraint from state Superior Court to prevent the state and the U.S Army Corps of Engineers from starting Monday’s scheduled clearing of 40 acres on the 400-acre Burlington Island. The land would be used to dump deposits from future maintenance dredging of the Delaware River under current plans.
The Army Corps recently awarded a contract to level trees and other vegetation for dredge-receiving cells and to dump that debris in another location on the uninhabited island.
The Burlington Island Board of Managers wants to develop the island as an environmentally friendly site for recreation and education.
The suit, filed in Mount Holly, cites city ownership of the island, potential harm to the city’s potable water supply, threats to bald eagles and other wildlife on the island and possible interference with potential riverfront redevelopment that would benefit the city as causes to block the work.
The state, however, claims it owns part of the island.
“We worked quickly to get this to the court to prevent irreparable damage to Burlington Island,” Mayor Barry W. Conaway said. “The state does not have the jurisdiction to move forward with this project, and there is no reason this decision should be rushed given all that is at stake.”
On Friday morning Army Corps personnel ferried to the island by boat with representatives of the contractor, Mohawk Valley Materials, to survey the property in anticipation of the pending excavation.
“It was so very thick with vegetation,” observed Army Corps spokesman Tim Boyle, who was on the island visit.
Although the city also was invited, city administrator David Ballard said officials saw no need to accompany the Army Corps, but advised the land not be disturbed and that no equipment be brought there during the visit.
The dump site would be buffered from the island lake and the river shoreline, Boyle has said previously.
The back channel between Burlington City mainalnd (foregroudn) and its 400-acre isaldn being eyed for denuding and dumping for dredge material (Photo: Provided)
Meanwhile, state Sen. Diane Allen, R-Burlington, introduced a legislative bill banning dumping of dredge spoils on any Delaware River island regardless of whether it is owned by the state or the municipality unless authorized by the municipality.
“This is one of the jewels of the Delaware River, and we want to preserve it,” she said. “We’re working with a number of groups, including the Burlington City Board of Island Managers, to ensure city residents continue to have the final call on what happens at Burlington Island.”
A hearing on the case has been scheduled for Monday.
The lawyer who filed the suit, J. Brooks DiDonato of the Parker McCay law firm of Marlton, said the state has agreed to hold up the Army Corps and its contractor until Tuesday so the court can address the restraint request Monday.
“It’s an important issue to city residents because of their tremendous affection for the island and its historical and environmental significance,” he added.
The lawsuit also claims that ongoing redevelopment of the city waterfront is connected to its river views from the mainland.
The island is one of the two earliest European settlements in New Jersey. The Dutch established a settlement in 1624. Later, the provincial government of West Jersey declared all revenue received from the island be used for the education of city school children. A 1998 state law limited island uses.
The intention to clear land “directly contravenes the legislative decree that the land, whether leased or sold, shall remain in the public domain for recreational, conservational, educational or cultural use,” according to the lawsuit.
The lawsuit further claims a 1981 agreement with the state for dredge spoils expired in 1984 and has never been renewed.
Board of Island Managers President Jamie Zalot said the board is cooperating with the city and supports the effort to save the island.
Source: Courier-Post
