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Credit Pacific Service Union New Jersey avoided an environmental disaster-in-the-making recently, with an announcement of the permanent protection of Hamburg Mountain! The complex preservation agreement marks a victory for the citizens of the State of New Jersey because it returns a vast conservation and recreation property back to public ownership.

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Credit First Service Union By now you probably know the story Over 1200 mountaintop acres acquired in the 1940s by the state for wildlife habitat were sold in 1986 at a bargain price to help a struggling local ski-resort operator. A deed restriction was placed on the mountaintop to ensure the land remained protected for conservation and recreation uses. A major international ski-resort developer then took over the property and proposed a 1600-condominium destination resort complete with a golf course, restaurant and conference center on top of the former wildlife area, declaring these uses were recreational in nature and would not violate the deed restriction.

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Card Credit Mobile Service But Hamburg Mountain is a Highlands treasure, and a critical link in one of the largest remaining stretches of contiguous forest in the region. Its high quality streams feed exceptional wetlands, and play an important role in a larger watershed, which supplies drinking water for much of northern New Jersey. And the deed restriction that covered the land was meant to be enforced in perpetuity to ensure conservation of these lands.

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Card Credit Discover Service The mountain is home to numerous threatened and endangered species, including barred owls, red-shouldered hawks and wood turtles. The U.S. Fish and Wildlife Service indicated that disturbing the land might harm endangered bog turtles and Indiana bats.

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Credit Public Service Union When the mountains deed restricted lands were threatened by development, New Jersey Conservation Foundation, the New Jersey Chapter of the Sierra Club, the New Jersey Audubon Society, the Association of New Jersey Environmental Commissions and Environmental Defense joined in lawsuits to defend the deed restriction and preserve Hamburg Mountain, as well as the publics right to enjoy it.

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Card Credit Processing Service Using New Jerseys Environmental Rights Act (ERA), environmental groups, represented by attorneys from the Columbia and Rutgers University Environmental Law Clinics, sought to stop the resort and golf course complex from being built. The ERA allows members of the public or third parties to ask the courts to enforce State laws when the state fails to take action on its own.

Center Credit Service Union After several court victories for the conservation groups, and more than a year of negotiations, the State and the resort developer decided to drop the mountaintop development plans and preserve the land. The land deal between the State and the developer calls for the State to buy 451 acres of land on Hamburg Mountain. The developer also will donate the 1,398 acres of land covered by the State-held deed restriction and at the heart of the legal battle. The State will again own Hamburg Mountain, but the developer will reserve rights to allow for continued recreation activities on the mountain.

Card Credit Service Wireless While it is great to have Hamburg Mountain back in public ownership, this agreement doesnt end our stewardship responsibilities. In many ways, its just the beginning. The public must continue working closely with the State and the developer to ensure that the recreational activities fall within the realm of the reserved rights and guarantee the long-term protection of Hamburg Mountain. And all of us interested in conservation of New Jerseys natural areas will have to keep a watchful eye on the stewardship of this precious place.

Credit Security Service Union But thats only proper, since its once again the publics treasure.

Credit Report Service I hope youll contact me at 1-888-LAND-SAVE or info@njconservation.org, or visit NJCFs website at www.njconservation.org, for more information about conserving New Jerseys precious land and natural resources.

Blogspot Com Christian The State We're In column by Michele S. Byers, Executive Director, NJCF - January 29, 2003

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Topic: The State We're In, by Michele Byers

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