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UPDATE: Seaport Pier Operator Agrees to Pay DEP $2M

Construction on Seaport Pier nearing completion in June 2018. In the background
BG Capital – Final ACO – Effective 5-10-23.pdf

By Shay Roddy

NORTH WILDWOOD – The operator and redeveloper of Seaport Pier has agreed to pay the state Department of Environmental Protection (DEP) $2 million to settle violations the state alleged had been committed during construction of the beachfront bar, restaurant, swim club, and outdoor live music venue. 

BG Capital, the Philadelphia-based development group, admitted no fault or liability in accordance with the terms of the agreement, which was signed by all involved parties May 10. The $2 million in penalties will be paid to the DEP by BG Capital over seven years. 

As a result of the agreement, Seaport Pier will operatelargely the same as it has for the past several summers, since it reopened during the 2018 season. A food trailer by the pool pier will be removed, but otherwise permits are expected to be issued covering other existing operations and structures.

 

The pier opened for the season May 12. In a press release, BG Capital said the resolution came after a meeting with the DEP May 4. Through the collaborative effort of DEP and BG Capital, all of DEP’s concerns have or will be addressed in the coming months, the release stated. 

“BG Capital is committed to continuing to provide the community with amenities that create tourism which is needed to sustain communities along the Jersey Shore,” the statement continued. 

Larry Hajna, a spokesman for the DEP, said the department would have no comment. 

In summer 2020, the DEP issued Notices of Violation (NOV) to BG Capital related to the construction and operations of the pier. In January, those violations were followed by Administrative Order and Notice of Civil Administrative Penalty Assessments (AONOCAPAs), which included a total of over $4.1 million in associated fines. The settlement addresses those AONOCAPAs. 

Joe Byrne, president of BG Capital, could not be reached for comment by the Herald on the terms of the settlement. When reached by phone prior to the Herald learning the terms of the Administrative Consent Order, which the DEP supplied to the Herald, Byrne said he didn’t want to comment beyond what was in a prepared statement. 

“There has to be a balance between preservation of our coastal resources, including the beaches which drive visitors to North Wildwood, and giving those same visitors access to restaurants, entertainment, other amusements, and restroom facilities,” Byrne stated in the release.   

Seaport Pier was a private fishing pier dating back to the 1920s, which the city acquired in 1955. In the 1980s, the pier was rebuilt and widened and became the Seaport Shoppers Village until it closed in 2005 when the buildings on it were deemed unsafe. 

In 2017, BG Capital submitted a redevelopment proposal, which included constructing a new section of pier that is now the members-only swim club. BG Capital entered into a lease agreement with the city that September.

Seaport Pier, at 22nd Avenue and the Boardwalk, in North Wildwood, was BG Capital’s foray into the Wildwoods, an island on which they have since made a significant impact, with several other projects, including a 64-room hotel with multiple bar venues on Pacific Avenue, a full block of townhomes with shared amenities at the former St. Ann’s School site, Seaport Inn in North Wildwood, and Crest Supply hardware store in Wildwood Crest.  

Additionally, the firm owns several large, vacant parcels on Pacific Avenue. 

The City of North Wildwood is also facing $4.1 million in penalties to be paid to the DEP related to Seaport Pier. They indicated a desire to appeal that administrative order and were not a party to the settlement reached with the operator May 10.  

The city is facing an additional $8.6 million in penalties related to other allegedly unauthorized work they have done along the beachfront. 

 

To reach the reporter, Shay Roddy, email sroddy@cmcherald.com or call 609-886-8600, ext. 142. 

 

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