Eyewitness updates and Freeholder Haines' letter

Hello friends,
As August dims to a close, dredge dumping continues in Palmyra Cove Nature Park. Thanks to all of you who have been monitoring the progress of the DEP and Army Corps in the park. Your reports have been both positive and negative. Positive in that the DEP and Army Corps seem conscientious about leaving as minimal an impact as possible. But of course the impact from the work area is roaring and reverberating throughout the park, scaring away the dragonflies from Dragonfly Pond for example. Bulldozers, slicing deep wounds into the trails and desert, thunder loudly and belch great clouds of dirty diesel fuel. It's very, very sad to be in the park while this work is going on, but it's important for us to monitor these actions. Please keep up the good surveillance - photos are especially important.

Here are some eyewitness accounts and updates:

-Jane Nogaki of the NJ Environmental Confederation:
"I went to the Cove sunday afternoon after reading Dick Pearsall's story in the courier post. There was water running out of the discharge pipes to the river, but no active pumping into the basin at the time I was there - around 1 -2 p.m., but a bulldozer inside the 2 acre area moving soil around pushing it up to the edges and building up the bermed sides, under the pipe into the dredge spoil site. As I left, the two dredge boats/barges were pulling up to the site getting ready to drop another barge load. I took photos, attached, and one thing I notices was Dragonfly pond seems siltier than usual, and an absence of dragonflies. Have you noticed that? I do want to stay involved to help you whenever I can. Lisa Jackson told me last Sunday at the Clearwater Festival that she needs to find a more permanent dredging site pronto, and we need to hold her to that, so this doesn't go on and on."

-Bernie, Cinnaminson - a teacher at the cove:
"I took a walk through the park today (Sat) with a friend and took some pictures, most of which are already shown here. There were quite a few dragonflies at the pond along with about 8 turtles sunning themselves on two small logs. I was shocked to see how far up the water had come. Further into the park we even managed to see two deer. I do, however, know where the foxes (at least some of them) are. My friend who was with me lives in Riverfront (her place is right on the river) and she said that some of them are there. I guess the photographer from Channel 3 and I were probably the last ones in the desert. I took him to see the fox holes just before the bulldozers showed up."

-Marlene, Delanco:
"I am glad we had some impact...though it is so disappointing to lose any of that lovely site. Everytime the Macfarland goes past my house my stomach turns. It must make 20 trips through the day and night."

-We are continuing to press for a Conservation Easement to permanently protect the adjacent 50 acres, although we are no longer sure that's the right term. At the Bridge Commission meeting last week, Fred Stine of the Delaware Riverkeeper Network, Chris Jage of the NJ Conservation Foundation and myself asked the Bridge Commission how progress is coming on the agreement to preserve the 50 acres. Commissioner John Comegno thanked us - and asked me to share his gratitude with you - for all of the work we have done. Although we lost 20 acres, we managed to help save a large park of the park. So it's both a victory and a defeat. Comegno and JJ expressed their desire to permanently preserve the 50-acre-parcel, but said there's some "legal language" that has to be worked out first. This may have something to do with the 1998 agreement that created the nature park.

-Joann reached out to Burlington Freeholder Haines, imploring him to help save the 50 acres. He responded with this letter:

This is in response to your email requesting that the Board of Chosen Freeholders assist in preserving the Palmyra Cove Nature Park.

As you may know, the State of New Jersey is the owner of the majority of the land that makes up the Nature Park. This land was created through the deposition of dredge materials dating as far back as the 1930’s and is designated as tidelands because it is now or was flowed by the mean high tide. The State Constitution vests the authority to sell or lease state owned tidelands with the Tidelands Resource Council, known at one time as the Board of Navigational Commissioners. A Congressionally authorized pact exists between the States of New Jersey and Pennsylvania whereby each state is required to make lands available for dredge material as may be required to maintain the Delaware for navigation. It is the policy of the Tidelands Resource Council that it will not sell or lease land that has been designated by the State for dredge disposition. As you can imagine, these sites are limited. Three sites exist in Burlington County – Palmyra Cove, Hawk Island and Burlington Island.

In the early 1990s, Palmyra area residents became interested in creating a nature park at Palmyra Cove and requested the Freeholders assistance in doing so. Understanding that the State would not consider sale of this land, an application was made to the Tidelands Resource Council to seek approval to use the cove area for a park through assignment of a management rights agreement. This type of agreement would allow a public entity to use of these State controlled lands, generally without charge, for an extended period of time. In 1996, the Tidelands Resource Council agreed to a management rights agreement for Palmyra Cove for a 30 year period subject to the continuing use of the site as a Dredge Management Area. The management rights agreement, executed in 1998, is a three party agreement between the State of New Jersey, the Burlington County Board of Chosen Freeholders and the Burlington County Bridge Commission. Although the agreement does not encompass the 70 acre dredge disposal site, the County and Bridge Commission agreed when they signed the agreement that they would not interfere with the dredge spoils operation within this designated area. Furthermore, the agreement recognizes that the primary use of the tidelands is for dredge disposal and if it becomes necessary to use additional land within the confines of the Management Rights Agreement, the assigned lands shall be vacated.

As I stated above, it was understood from the outset of this project that the State would continue to need this area for dredge disposition. In view of this, the 1994 Concept Plan for the nature park prepared by the Bridge Commission recommended that “information booklets should be prepared explaining the (dredge) processes and their importance” and informational signs be posted along the trail system. The unique partnership between the State, Bridge Commission and County was viewed as an opportunity to demonstrate that two diverse uses of the site could co-exist and to attract funding to construct the nature center. One such funding application states that “[T]his project should be viewed as a prototype for other areas along the Delaware River where a once perceived negative perception of a dredge material site can be shown to work in harmony with nature, be an asset to the community and provide an economic benefit to the area.”

Maintenance of the navigational channels of the Delaware is important to both commercial shipping and recreational boating. As you point out, the Nature Center is enjoyed by many and is home to numerous species of animals and migratory birds. I continue to believe that the Nature Park and the dredging operation can co-exist and that the Freeholders have taken the appropriate actions to balance the needs and wishes of all involved.

Sincerely yours,

William S. Haines, Jr.
Freeholder