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June 28, 2007
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DEP to beach club: Dunes are illegal
Agency says developer failed to get required CAFRA permits
BY CHRISTINE VARNO
Staff Writer

A private beach club at Pier Village in Long Branch did not have the proper authorization to create sand dunes at its site, the N.J. Department of Environmental Protection (DEP) said last week.

An investigation into Le Club at Avenue was conducted by the DEP after several concerned Long Branch residents reported to the department that illegal dunes were being created at the site.

"We did receive several complaints from city residents," Karen Hershey, spokeswoman for the DEP, said in an interview last week.

"We found that [the Avenue] undertook certain activities in an area regulated by the DEP without approval."

A notice of violation was served to Pier Village Development II on June 14, stating that Le Club did not receive the proper Coastal Area Facilities Review Act (CAFRA) permits for several beach constructions, including the grading and filling on the beach to create a berm around the private beach club.

Additional unauthorized development at the beach club includes excavation, fencing, palm trees, a stairway and the existence of five cabanas on the beach, which are not placed under the footprint of the existing buildings and boardwalk.

"These were things never authorized by the DEP," Hershey said, adding that the constructions occurred in coastal zones on the beach, which require permits from the DEP.

The principal in Pier Village Development II is Applied Development Cos., developer of Pier Village.

A spokesman for Applied released a

statement last week in response to the finding by the DEP.

"The beach area was constructed in accordance with approved plans," George M. Cahn, who heads a public relations firm, said in the statement. "We dispute the recent position taken by the DEP, but are actively discussing the matter with the department in an effort to resolve all of the issues amicably."

City resident James Keelen of Belmont Avenue brought the issue to light at a City Council meeting in May when he asked if the proper permits were obtained to create the beach club.

Keelen went on to file a complaint with the DEP, claiming that the dunes were created at Le Club using sand taken illegally from the city's public beach.

"I am excited," Keelen said after hearing that Le Club was found in violation by the DEP.

"It was a lot of work," he said, adding, "What they were doing was wrong.

"I hope that the responsible individuals pay the price for the destruction done to our beach," he added.

According to the violation notice, Pier Village had until June 21 to restore the beach profile and remove all unauthorized structures.

Hershey added that the DEP has been in discussions with the developers of Pier Village and is working with them to set up a work schedule for the corrective action.

The violations were determined by the DEP after visiting the site on May 9, June 6 and June 14 for compliance evaluations, according to the violation notice.