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Sunday, July 7, 2024

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Stone Harbor Still Waiting for DEP Approval of Municipal Access Plan

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By Vince Conti

STONE HARBOR – Stone Harbor Public Works Director Manny Parada told Borough Council Feb. 21 that the opening of the summer season may be in jeopardy due to the lack of approval of the borough’s Municipal Public Access Plan by the state Department of Environmental Protection (DEP).  

Parada said the final plan has been waiting for DEP approval for 96 days. 

The significance of this delay, Parada said, was that the borough could not apply for a new General Purpose 2 (GP-2) permit, the state permit that allows general maintenance of the beaches, without an approved access plan. Noting that Memorial Day was just over three months away, Parada said that the ability of his department to have the beaches ready was becoming a problem. 

“We would not be able to put down mats, establish concessions, complete work on access paths, or even put out lifeguard stands without a GP-2 permit,” Parada said.  

With a picture of the borough Beach Patrol protecting swimmers from the wrong side of the dunes, Parada’s presentation caused some consternation among borough officials and the public present at the meeting.  

During public comment, Geoff Woolery, a trustee of the borough property owners association, called the situation “disastrous” and said he was “shocked to hear the implications” of the delay with DEP. 

Parada used the same characterization of the prospect of not having a GP-2 permit before Memorial Day, calling it “absolutely disastrous.”  

There is little doubt that, in many respects, the angst is well justified. No permit means no routine maintenance to the beaches. It would also call into question the ability of the borough to honor its agreement with the U.S. Army Corps of Engineers for work on the dune overpasses following the Army Corps beach replenishment project. 

The parts of the characterization of the situation that had lifeguards on the wrong side of the dunes appear to be overstated. An email sent one day after the meeting from Steve Morey, a borough project manager from Mott MacDonald, to Mayor Judith Davies-Dunhour clarifies some of the points on what would happen without the permit and paints a more optimistic picture concerning the approval of the access plan and issuance of the permit. Another obligation prevented Morey from being present at the council meeting. 

According to Morey’s email, lifeguard stands are exempt from DEP rules and can be placed on the beach without a permit. It is probable, as well, that the concession stands will not have a problem.  

The borough will submit proof of a jurisdictional determination previously issued for the concession stands on the beach. Morey was hopeful that they would require no additional permit. 

On the stalled access plan, Morey said the Division of Land Resource Protection (DLRP) would “issue an acceptance letter in the next two weeks.”  

The final step would then be for the borough to adopt the Municipal Public Access Plan into its Master Plan. Given that the approval is imminent, again, according to Morey, the DEP agrees that the borough does not have to wait and can submit the GP-2 application now, a move that should speed the process of the permit approval. 

Another issue that has been stalled at DEP is an emergency permit application (EA) that would allow the borough to repair the vehicle access path to Stone Harbor Point.  

According to Parada, the Point access road has been impassable since Dec. 10, 2022, following storm damage to an already eroding situation.  

Morey’s letter to Davies-Dunhour speaks to this issue, as well. Morey states that DLRP “should have a decision on the EA request shortly.”  

If the EA approval is issued soon, the borough feels the work can be completed by the end of April to open the access road. 

Finally, the borough, working through its coastal consultant Douglas Gaffney, has made plans to apply for what is known as an individual permit (IP), which would authorize other beach improvements that are part of a plan under development to help retain sand on borough beaches for longer periods between federal replenishments. Morey’s email states that the IP should be submitted by the end of March.  

Thoughts? Questions? Contact the author, Vince Conti, at vconti@cmcherald.com. 

 

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