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Borough Prepares for Litigation

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By Vince Conti

STONE HARBOR – Stone Harbor, Avalon, and North Wildwood have jointly moved to retain a special litigation counsel to challenge the U.S. Fish and Wildlife Service’s ruling, which prevents the municipalities from using federal dollars to borrow sand from Hereford Inlet.
The ruling, based on the federal agency’s interpretation of the Coastal Barrier Resources Act (CBRA), complicates federally sponsored beach replenishment efforts by the Army Corps of Engineers.
A federal hydraulic replenishment is scheduled for late this year, but Stone Harbor won’t receive new sand due to the CBRA interpretation. Beach replenishment will depend on moving existing sand taken from dunes higher than the federal template levels.
Attempts by the three municipalities to reach a negotiated settlement with Fish and Wildlife have not restored the ability to use Hereford Inlet sand for the beaches. Stone Harbor Borough Council approved the shared services agreement for legal counsel at its Sept. 3 meeting.

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