Contact Jeff Tittel, 609-558-9100

Court Sides with Christie Sell-Out of Highlands: Oakland Bi-County Site

The Appellate Division has sided with Bi-County Developers in their development of property on High Mountain in Oakland in the Highlands and the DEP’s issuance of a wetlands permit for the project. Despite being challenged by the Sierra Club and Highlands Coalition, the court’s decision found that both Bi-County and the NJDEP complied with laws and regulations. We believe that these permits should not have been granted and issuing these permits would result in the destruction of important wetlands in an environmentally sensitive area. This development would also resurrect a development of over 200 homes next to a C1 stream in the Highlands Preservation Area. The Bi-County/Pinnacle permits were denied in 2008 by the DEP and now the DEP decided to settle the case by issuing these permits. said Jeff Tittel, Director of The New Jersey Sierra Club, released the following statement:

“We are disappointed and troubled in the court’s decision to side with the DEP and Bi-County. We believe the court rubberstamped Christie’s sellout of our drinking water and the Highlands to developers. The court tends to defer to state agencies in permitting issues. In this case, they were wrong. They deferred to the DEP on important issues without actually looking at the facts. The Christie Administration reversed course from the previous Administration and gave out permits that had previously been denied. This could not only destroy an environmentally sensitive mountain in the Highlands, but also put the drinking water for two million people at risk.

“The court gives the DEP deference but in this case, they didn’t deserve it. Lisa Jackson had denied these permits for on wetlands, endangered species issues, and sewer service areas. The developer then sued. The Christie Administration settled the case by giving them the permits, instead of defending the Highlands and following the law. The court’s decision stands by Christie’s sell-out of the Highlands to developers by granting these permits. The court also did not deal with the issue of Highlands Exemption. We believe that this should not have been granted in the first place and has since expired. The court ignored the issue. We may appeal this later in court.

“The site rests atop High Mountain, a scenic mountain which is a symbol of the Highlands and featured in the famous photograph from Skyline Drive with High Mountain in the foreground and the New York City skyline in the background.  The site contains nearly every important environmental feature that exists in the Highlands, including Category 1 streams, exceptional resource value wetlands, Highlands waters, endangered plant and animal species, steep slopes, scenic vistas, and more.  Development of this site would irreparably harm endangered species habitat, as well as the water supply for the people of northern New Jersey.

“The sewer plan for the project is especially dangerous as it would be a depletive use of the Ramapo River, which provides drinking water for about two million people and supplies the Wanaque and Oradell Reservoirs.  The watershed is already in a deficit, and under Highlands regulations projects that would further deplete water supply. Additionally, the settlement gives the developer freshwater wetlands permits in exchange for limiting development and following a DEP permitting plan. The DEP’s Natural Heritage program lists the site as having very high biodiversity significance and New Jersey has designated it a “Priority Conservation Site”.  The site is in the priority high-value conservation area under the 2004 federal Highlands Conservation Act.

“The Pinnacle site would use Wayne Township’s sewer infrastructure.  The municipality opposes the project.  This scheme would mean that the plant would take water out of the Ramapo River and discharge it more than five miles downstream into the Pompton River, diverting water from the Ramapo intakes and adding more sewer plant discharge into the Pompton River intakes.  In addition, the development would occur in a flood prone area and increase flooding in the for Oakland and Wayne, who already see significant flooding. Under this settlement, the DEP is taking the side of the developer, ignoring the interests of both Wayne and the water supply for the people of New Jersey.

“The State of New Jersey, local governments, and non-profit groups have spent millions of dollars preserving Preakness Mountain and the surrounding area, including the High Mountain Wilderness Area, the Haledon Reservoir, the NJ Capital Partners site, and the Great Oak Park. Oakland has attempted to purchase the Bi-County property from the developer, but the developer has refused to sell or negotiate with Oakland. Dedicated activists have been fighting this ill-conceived project since 1987.

“Our concern is even though the Pinnacle site is in a sewer service area, there is no sewer plant. This would mean that the plant would take water out of the Ramapo River and discharge it more than five miles downstream into the Pompton River, diverting water from the Ramapo intakes and adding more sewer plant discharge into the Pompton River intakes. Nonetheless, the DEP is ignoring the interests of both the Highlands region and the water supply for the people of New Jersey.

“The Pinnacle project is one of the worst projects ever to be proposed in the Highlands. The site itself is environmentally sensitive and home to important species. Green Acres, and even Christie himself. Have called for the preservation for this site. There have even been negotiations for the state the buy it. Now with this court case, they need to stand up and save this property. We will continue to fight to protect the Highlands and New Jersey’s water supply.”