I am writing in response to the letter from Patrick Nolan in the March 5 edition of the Examiner that called the Phase II Breza Road preservation a dud. While I hold the same concerns as Mr. Nolan regarding the level of the pollution found at the site and the remediation measures proposed by the landowner, in no way is this a "deal Upper Freehold Township can afford to miss."

Just because the landowner is trying to get away with remediating the site in the cheapest way possible (by using a hedgerow), this does not mean Upper Freehold Township cannot proceed with the preservation deal with the conditions that the site is remediated properly and a "no further action" letter is issued by the Department of Environmental Protection along with a "covenant not to sue."

I disagree with the Upper Freehold Township Committee and township attorneys who are worried about lawsuits if the town preserves the land. If it is properly remediated, which would include capping the sites with 2 feet of clean fill and stabilizing the stream banks, a "no further action" letter should be issued by the DEP along with a "covenant not to sue." This is routinely done during development and preservation deals and should not be an issue in this case. Both the "no further action letter" and "covenant not to sue" would protect the town from future liability.

In fact, by demanding the site is remediated properly by the landowner is doing exactly what Mr. Nolan suggests, letting the landowner pay for it. I honestly couldn't think of a better way to finally get the site cleaned up. Taxpayer dollars would not be spent on the cleanup or on mandatory inspections once a "no further action letter" is issued. If the landowner refuses to clean the site properly, then I would agree with Mr. Nolan that Upper Freehold Township should walk away from the deal. However, I do not believe the landowner would refuse to do this and jeopardize the entire contract.

When I spoke in favor of preserving the tract during the public presentation on Feb. 19 by the environmental consultant, there was some concern by members of the Township Committee and township attorneys over the cost of the land and the fact that Upper Freehold Township has to provide most of the funding for the land upfront and would then be paid back at a later date by New Jersey DEP Green Acres. The concern was that since we are in such an economic crisis, and state funds are limited, Upper Freehold Township would not be paid back by the state. I find these concerns are just speculation and the state has not been known to break a preservation contract in the past. In fact, Upper Freehold Township has had similar arrangements with the state on previous preservation efforts without problems. Even with the current economic crisis, the state has not been known to break preservation contracts, and nothing leads me to believe they will do so now.

With regard to trails on the site, they were never planned for the areas where the dumps are located. Trails on the site were/are planned for the already existing dirt roads and perimeters of the fields. A connector trail to the new middle school is also planned that is not near the dumpsites. The site has numerous ecological attributes and contains an excellent example of freshwater wetlands at the confluence of the Doctors Creek and Indian Run that is home to hawks and herons, and provides suitable habitat for eagles. This will not only provide an excellent educational and natural experience for our students but also for our residents as well. This experience will only be enhanced once the site is properly remediated.

In all honesty, I feel that the Breza Road preservation has gone on long enough. It is time to finish this preservation deal and get it done. Let's make sure the landowner cleans up the site properly as described above and continue to move forward with this and future preservation efforts.
Marc E. Covitz
Chairman
Crosswicks-Doctors Creek
Watershed Association
member
Upper Freehold Environmental
Advisory Committee
Upper Freehold