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LBI QUESTIONS & ANSWERS
Q1. I would like to have a copy of the NJ
State statute, law or ordinance that requires municipalities
to provide access to the beach every 1/4 mile. If
you could email it or provide the state web page
where it may be read I would appreciate it. I don't
believe the State DEP should be linking this issue
to the beach replenishment issue. It should be dealt
with as a separate issue after the replenishment
is completed. There are significant costs associated
with what is proposed and they are not covered in
the existing funding.
A1. As of this moment, we do not have a
statute or regulation that requires 1/4-mile access.
We have a department policy that will be included
in revisions to our coastal zone management regulations,
which we are currently developing. The state's position
is that we must have our public access requirements
met before we move forward to construction. Public
access to those beaches receiving public funding
for shore protection are not separable. We will
be discussing cost sharing for perpendicular access
points with the municipality. Thank you for your
thoughts.
Q2. My practical question is on my specific
property (Beach Haven, NJ). If the plan goes ahead,
how much higher is the dune going to be? I know
standing next to the dune is not accurate as its
measured from sea level so I need to know with reference
to the existing height how much higher will it be?
A2. The existing dune elevation right now
at the location below is about +15.0' NAVD88. The
proposed new dune height at this same location is
+22.0' NAVD88. The new dune will be about 7' higher
than the existing dune in this location. I hope
this helps you.
Q3. Hi, I am a resident of Loveladies and
was wondering how the township can possibly comply
with the restroom requirements? There is no vacant
land to construct facilities so will the state purchase
beachfront homes every 1/4 mile to erect bathrooms?
A3. There is no intention of purchasing
homes for any purpose related to this project. We
will identify 1/4 mile access points with LBT and
locate a suitable (yes, that is subjective and we
will have to be reasonable) number of parking spaces
and facilities (most likely portable). We understand
your concerns, which will be considered in our decisions.
Thanks for writing.
Q4. As a homeowner on LBI and in Loveladies,
I hope the DEP and State and Federal authorities
stick to their guns about beach access. These "private
drive, no beach access" signs are obnoxious
as are many of their owners. They prevent even other
LBI homeowners from walking down their lane to get
to the beach. Please work hard to get these signs
removed, allow beach access at any driveway or street
etc. and make sure these people sign away their
beach ownership rights between high and low tide.
A4. Thank you for your thoughts; yours are
the first (via email) in support of the public access
we are seeking. We intend to be firm on this point.
Q5. For some years, the real estate market
bubble has been predicted to burst and while it
may not burst or even retreat in other areas, you
and your Department have accomplished (almost single-handedly)
a way to reduce values in North Beach and Loveladies
on LBI. Beach access along with parking and rest
rooms should turn a beautiful and prosperous area
into something like swimming in the river in Newark.
These properties under private ownership have flourished.
when people trespass on the easements, they often
leave trash, dog droppings as well as baby droppings
in the form of disposable diapers. Although our
property is bayside, and is on a public thoroughfare,
we really feel for the owners on the beach and private
lanes, as they maintain the easements on their own.
This is nothing short of saying, "okay, we'll
replenish the sand on the beach but you will be
punished!" Come look at what is there, because
if you and your department pursue this, it will
never retain the current natural beauty.
A5. North Beach and Loveladies are indeed
very nice shore areas, and they will continue to
be so with the public access that will be required
for the shore protection project funding. The public
who pays for these projects should be able to enjoy
the beauty of that area of the shore, just like
the residents. Without this protection, these sections
will be in an increasingly vulnerable state; the
next storm could leave nothing left for anyone to
enjoy.
Q6. I am writing this to indicate my support
of the LBI Beach Project because since its intent
was not only to replenish the eroded beach but was
to establish public access to the beaches every
quarter mile with adequate parking which is desperately
needed on the north end of the island. As you know
it is very difficult for a family to find access
to our beaches and adequate parking on the north
end. While driving north on the boulevard all you
see are signs posted in almost every driveway indicating
'Private Drive No Trespassing'. Please insist on
these public access locations and do not bend the
rules to somehow reduce the number required by law.
I realize homeowners do not want to loose property,
however, they must also realize the funds that are
being used to protect their homes and the public
beaches east of them is paid out of taxes paid by
all of us. When you finally obtain the new public
access points with the necessary parking it is essential
that the locations be plainly marked to avoid any
confusion or confrontations by people trying to
gain access to the beaches at these locations. Highly
visible signs on the boulevard indicating these
locations are essential. Thank you for letting the
public voice their opinion on this project. We all
want the Island to be replenished so that the thousands
of families that come to LBI can enjoy the beautiful
Jersey shore.
A6. Thank you for writing and for supporting
our efforts to increase public access; you have
made good points, we agree, and we intend to be
firm in our requirements.
Q7. I am a homeowner in Holgate, which is
my second home, and I have some questions about
the plans for the beach protection plan currently
under consideration for the Long Beach Island. We
have received the proposed easement, which I now
understand is for the "parallel easement"
to permit work on the beach in front of our home
in Holgate. We share your concern with the beach
erosion and would be happy to permit work on the
beach -- that request seems at this point eminently
reasonable and we would welcome assistance in preserving
the beach. Having said that, we now hear through
the grapevine, but have not received any letters
or other notice, that the state will also be seeking
a "perpendicular easement" which will
permit the construction of people access walkways
on to the beach, parking facilities and bathroom
facilities at each such access point and that such
access points are proposed at 1/4 mile (or so) intervals
all along the beach. While this may make some sense
at some points on the Island, it certainly cannot
make sense in Holgate where the island is only a
few short blocks wide and there is virtually no
day traffic because it is a long drive from the
causeway.
We would like to know, first of all, if our facts
are correct and if there is in fact a proposed "perpendicular
easement" as described. Second, if so, can
you please let us know where in Holgate you are
planning to place the parking and bathroom facilities
(there is already a wooden boardwalk-type walkway
just to the south of our property and thus our concern
is that additional facilities will be proposed on
or adjacent to our property). And finally, can you
please let me know what your timetable is and what
possibilities exist, if any, for opting out of this
project.
A7. The quarter mile perpendicular access
presently exists in Holgate and complies with DEP
requirements. The Township must submit easements
for all of the existing access points so they remain
as public access. No additional parking is required.
The Township must supply restrooms at half-mile
intervals along the beach or where bathrooms are
located no more than one quarter mile from any location
on the beach to comply with the DEP requirements.
The locations of these restroom facilities are to
be identified by the Township. The time table is
dependent upon the efforts of the Township to acquire
all required public access easements, both perpendicular
and parallel, restrooms facilities at half mile
intervals, parking in other areas of the Township,
and the signing of the state aid agreement. The
Township can decide to not proceed with this project
at any time prior to the signing of a state agreement.
However, in order to sign the state aid agreement
all of the previously mentioned items with regard
to easements, restrooms, and parking must be secured.
Q8. I would like to attend the DEP meetings
on the replenishment project. Please provide me
with the dates, times and locations of the upcoming
meetings. It is my understanding that as a matter
of law they cannot be closed to the public.
A8. Please speak with your mayor regarding
the application of sunshine laws to any of the meetings
we may have with him/her and the commissioners.
No public meetings have been scheduled at this time,
but their scheduling will be advertised in the local
papers. Our website for LBI issues is http://www.nj.gov/dep/ec/;
we can post meeting schedules there also. Thank
you for writing.
Q9. I am curious about how the taller dunes,
which will be part of the beach replenishment program,
will affect the handicap gazebo on Pearl Street
facing the ocean in Beach Haven. Will the view of
the ocean be blocked by the dunes for disabled persons
using the gazebo? Currently, wheelchair bound individuals
get a feeling of being right on the beach and those
not disabled can sit on the beach right in front
of the gazebo and still converse with the disabled
person. Will the handicapped be distanced from the
beach activities once the dunes are heightened?
A9. Thank you for your interest in the Long
Beach Island renourishment project and the gazebo
at Pearl Street. Our office and the municipal engineer
are currently working together to analyze the possible
effects that the proposed dunes may have on this
structure. Our office has performed survey work
to determine the current elevation of the gazebo
and will work with the borough engineer to resolve
any possible problems. When we have a more descriptive
answer for you we will contact you.
Q10. I own a home on LBI and the beaches
are in dire need of replenishment and safety for
years to come. I do not understand why the State
and whom at the state level made the decision that
we need to go ahead with the access prior to the
replenishment project. I would like to know the
name and reason. Most areas of LBI now have public
access. Most areas of LBI have parking access. If
the area of North Beach and Loveladies post signs
"no public access" or something similar,
it is false and inaccurate. The Town can take the
signs down. The access area to a waterway belongs
to the town, municipality or State. The homeowners
should be made aware of this. There is not much
parking in that area since it is extremely narrow
and more than worrying about beach access perhaps
the worry should be water access as in Harvey Cedars.
I think that is more worth looking into. Lastly,
having read the responses, it sounds like Port-0-johns
will be the bathrooms on the beach. If that is the
case, the municipalities will pay a hefty price
to have them cleaned and sanitized each day....perhaps
there can be a better way. Perhaps the "Street
Toilets" that were tested in NYC that flush
and sanitize themselves could be the answer.
A10. Thank you for your questions regarding
the Long Beach Island beach nourishment project.
Having access to the beachfront and parking nearby
prior to the replenishment is both a state policy
as well a requirement in the federal feasibility
study. In order to spend federal and state public
dollars to replenish the beaches, the public must
be able to park, access, and utilize the beaches.
The federal and state government are paying 91 cents
out of every dollar spent on this project, so the
majority of the cost is borne by state and federal
taxpayers. These same requirements are in effect
for the entire island, so the same standard that
is implemented in Long Beach Township will be implemented
in Harvey Cedars. Bathroom facilities are a state
requirement of the project, we are discussing the
type of facility that will be implemented with each
municipality. I will have a member of my staff look
into the feasibility of utilizing "Street Toilets",
thank you for the suggestion.
Q11. The dune slope mentioned in the presentation
was1-5. Is this 1ft horizontal and 5 ft vertical?
or 1ft vertical and 5 ft horizontal?
A11. The dune slope is 1 foot vertical to
5 foot horizontal.
Q12. The presentation mentioned a 30 ft
dune crest width. Does this mean the top of the
dune will be mostly flat for 30ft? Does this 30
ft include the two side slopes or are they additional?
A12. The top of the dune berm will be constructed
at a flat width of 30 feet for the entire project.
This does not include the dune side slopes.
Q13. We are located in the Dunes,Haven Beach
southern section of LBI. We have many public accesses
and on street parking. Will bathroom, change houses
and parking areas be created here also?
A13. Bathrooms will be located approximately
every 1/2 mile along the entire project length.
A catalog of the existing facilities and exact locations
of proposed facilities are being discussed with
the municipality. Additional parking will be required
in North Beach and Loveladies, the rest of Long
Beach Township has sufficient parking.
Q14. What is the relationship of the NAVD
elevation to MHW mark or to our street elevation
or to something we can relate to?
A14. This mark varies from location to location.
You may have your exact measurement on your finished
floor elevation for your house which was required
for flood insurance.
Q15. As to the Bulkhead Line, presently
and historically the Town has restructured the dune
and has pushed sand and the dune beyond the Bulkhead
line and almost to the Building Line. With the new
dune restructuring will the Bulkhead Line be: a.
at the westerly base of the new dune? b. at the
center of the new dune? c. or where in relation
to the new dune?
A15. The Bulkhead Line is a fixed line as
shown on your muncipalities tax map and most of
the home surveys that are performed in the township.
This fixed line will not change. The toe of the
new dune, all placement of sand, and all construction
work will be on the oceanside portion of the existing
bulkhead line.
Q16. Our property is not typical in that
it DOES NOT extend to the beach high water level.
It ends at about the center of the present dune
which is about 20ft east of the Bulkhead line. The
Town owns the beach and dune. The Town has already
rebuilt the dune in this area and you can continue
to do so. Why should an Easement be required for
this Property?
A16. A public access easement is required
for any property that work is being performed and/or
material is being placed. State and federal money
are being spent to construct the beach and dune
and public access is one of the requirements of
receiving the funds.
Q17. We presently do not have a dune walkover
and are the center lot between two public accesses.
With the new large dune will we now be able to have
an approved, temporary walkover over our dune?
A17. All current town street access walkovers
will be reconstructed as per the Corps plans. All
private entities will be allowed to construct walkovers
to a pre-approved cookie cutter design that is currently
being formulated by our office and the municipality.
Q18. The wording of the Easement is very
broad as we see it. In the future, can this Easement
be used to permit the installation of a Boardwalk
on top of the dune if such a Boardwalk were determined
to be the best environmentally desired solution
to prevent dune wind erosion off the crest? Or would
a separate Easement be required? Please have your
legal rep respond to this question.
A18. This project and easement do not allow
for the installation of a Boardwalk, which is not
part of the project.
Q19. The Easement pg 1 Item 5 at bottom
of the page states ...."...the parties acknowledging
herein that this Deed of Easement shall be construed
that they have jointly participated in the drafting
and preparation of this instrument." We as
a party and signatory of it had ABSOLUTELY NO input
into it in any manner. Additionally, its letter
of transmittal from the Town Attorney Schackleton
& Hazeltine states that it was prepared by NJDEP
and EPA and must be signed ......"..without
deviation or change..". By our signing this
Easement we would be signing a document with a provision
we and the other signatories know is NOT TRUE i.e.
FALSE.
Or will you be amenable to changes to it?
Please explain why this wording is required.
Please have your legal rep respond to this question.
A19. This has been eliminated from the easement
language. Please check our LBI Project page http://www.nj.gov/dep/ec/lbi_project.htm
for a sample easement.
Q20. Will all the questions submitted via
e-mail and their answers be into the Public Record
of comments?
A20. All questions submitted via e-mail
will be posted at the State DEP Office of Engineering
and Construction website at http://www.state.nj.us/dep/ec/
Q21. Can all questions submitted in writing
be tabulated and made available to all [ with $
charge] along with your answers? Will they be and
how do we get a final copy?
A21. All questions submitted via e-mail
will be posted at the State DEP Office of Engineering
and Construction website at http://www.state.nj.us/dep/ec/
Q22. Please stick to your guns on the issues
of access, parking and toilets! Much of LBT already
has parking and access - about every 400 feet in
Beach Haven Gardens where we are located - and property
values have still skyrocketed in the past 15 years.
If the "private" areas in the north of
the island want public money, they must provide
public access!!
A22. Thank you for your support of our position.
Q23. My Family and I are owners of a Dune
Front first floor Condo apartment in Holgate, Long
Beach Island. We wish to register our strong opposition
to the proposed island-wide dune and beach reconstruction.
This plan, which places a minimal 22 foot wall of
sand literally 5 feet in front of our porch, would
not only markedly lower the value of our property,
but also destroy our enjoyment of it. While we agree
that dune and beach rebuilding is needed in much
of the island, we feel that the rigid application
of the plan amounts to “overkill”. Surely
there must be a way to achieve the goals of preservation
without punishing the property owners who help stabilize
this area. We respectfully urge you to consider
a more flexible plan that addresses all concerns.
A23. Thank you for writing to me about the
Long Beach Island Beach Nourishment Project. Without
knowing exactly where your property is, it is hard
to say what the exact impacts of the proposed project
will be, however, throughout the majority of Holgate,
the proposed dune elevation is within 1 to 2 feet
of the existing dune height and located actually
farther seaward than your current dune. For additional
information including project and engineering information,
please visit our LBI project website at http://www.nj.gov/dep/ec/lbi_project.htm,
where you can click on project plans and view the
precise dune and beach placement in your area. Major
modifications of the project plan would result in
project delays and possible loss of funding because
of the Congressional/US Army Corps of Engineers'
project selection and funding mechanisms. Modifications
to address all of the concerns that have been presented
to the USACE and DEP would likely also decrease
the shore protection effectiveness of the project.
Q24. If I sign off on the easement request,
do I have any form of guarantee that my ocean view
will remain intact when the dune replenishment project
is complete?
A24. The project scope calls for a dune
at a height of 22 foot NAVD88. On average in Harvey
Cedars the proposed dune height is 2-3 foot higher
than the existing dune. The proposed dune will be
planted with American Beach Grass and sand fence
will be placed at each side of the toe of the dune,
to help stabilize it. The beach and dune will still
be subject to the forces of nature which can result
in both erosion and accretion. The homeowner is
not allowed to grade or excavate the dune without
prior approval, but that approval is hard to obtain.
Q25. Do i have any way of knowing how long
(ie. 1 day, 1 week, 1 month, all summer) my dune
and property will be occupied by equipment and workers?
Will there be any noise restrictions in the early
morning or will work be performed at the discretion
of the project and site managers?
A25. The beachfill project is a 24 hour
a day project, weather conditions permitting. The
contractor fences off an approximate 1000 foot section
of beach at a time and works at a rate of 1 to 2
blocks a day, moving the equipment and workers as
they progress down the beachfront. The State, Corps,
and contractor and very cognizant of the fact that
work is being conducted during the night, and try
to limit the amount of noise, but it is still is
a 24 hour a day construction project.
Q26. Should a worker be injured while on
my property do I have any form of guarantee that
my liability is zero, no questions asked? Should
any of my property/home be damaged during the project,
do i have any form of guarantee that the cost of
repair/replacement will be borne by the government?
A26. The US Army Corps of Engineers is the
contracting agent for the project. We have forwarded
this question to the Corps for its response.
Q27. How will the project proceed if a portion
of oceanfront property homeowners, refuse to grant
access to their private property? Would you still
proceed with the beach lengthening portion of the
project and then replenish the dunes where access
was granted, or does the project require a unaninimous
approval by all oceanfront property homeowners to
perform any dune replenishment?
A27. The project will not move forward in
an individual municipality unless all easements
are obtained within that municipality. The project
will not be broken into a beach replenishment and
then a dune creation project, both will occur simultaneously.
In order to obtain the maximum shore protection
possible, the dune and beach berm need to build
together.
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