Sample Letter Proposed DEP CAFRA Regs

N.J. Department of Environmental Protection
Gary Brower, Esq.,
ATTN: DEP Docket No. 19-06-09/482,
Office of Legal Affairs,
P.O. Box 402
Trenton, N.J. 08625

November 29, 2006

Dear Mr. Brower, Esq.,

The NJ Department of Environmental Protection has declared that there are ” different areas and geographic features of the over 1,000 miles of the New Jersey coastline”.Of these 1,000 miles, 127 miles are oceanfront. In light of this fact it seems impossible that one set of rules can apply. It should also be noted that there is a Federal Standard already in place, but the NJ DEP has decided to impose more stringent Coastal Management rules (DEP Docket No. 19-06-09/482). Why?

The methodology used to determine the need for public access, parking and restrooms is arbitrary at best. Existing utilization and projections of future demand to determine the need and location of public access, parking and restrooms have not been performed by the DEP.

The State Aid formula is unclear regarding allowable project activities and level of state funding. The State Aid agreement is totally arbitrary as to its involvement.

The uniqueness of Long Beach Island must be factored into this project. LBI is a coastal community setting with residential, recreational atmosphere. The only
commercial enterprise here is to serve that need. The “culture” of LBI has not been factored into this project.

DEP’s theme to require public access is based upon the Public Trust Doctrine. Under the Doctrine, the coastline is held by the State in trust for the benefit of ALL the people and not just residents of LBI. However, the DEP is requiring local taxpayers to share in the cost of access, parking, and restrooms for ALL the people. If the benefits are for ALL the people then it is the responsibility of the State to pay ALL the costs.

It is felt that this proposal is bad for LBI and that the “Proposed Rules” will not
be in compliance with existing standards resulting in the loss of funding for the
Beach Restoration Project.

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