State Violations
Ocean Grove Camp Meeting Association’s (OGCMA) Failure to Follow Conditions of the NJDEP Permit
The Permit issued to the OGCMA by the NJDEP explicitly states: “[a]ny noncompliance with a permit constitutes a violation of this chapter and is grounds for an enforcement action, as well as, in the appropriate case, suspension and/or termination of the Permit. The Permit, available here, shows in pink highlighting a condition or term that the OGCMA has violated or is currently violating. Such violations included:
Failure to Record Conservation Restriction. The Permit explicitly provides that “Prior to site preparation, a conservation restriction for public access, shall be RECORDED with the Office of the County Clerk in the county where the lands included in this permit are located…Once the conservation restriction has been RECORDED, a copy of the recorded conservation restriction MUST BE submitted to the Division of Land Resource Protection within thirty (30) days of being recorded.”
As of September 21, 2022, several days after beginning construction, the OGCMA had not filed the conservation restriction with the County Clerk, nor did it provide such to the Division of Land Resource Protection.
Violation of Timing Restriction. The permit explicitly states that “A timing restriction shall be in place from June 1 through October 15, in order to protect rare plants.”
Neptune United confirmed with NJDEP that such a timing restriction means the OGCMA cannot engage in any "approved activities" until a date after October 15, 2022. Approved activities, as per the permit, includes "site preparation."
Given the fact that many residents have witnessed work being done at/around the pier, Neptune United inquired with the NJDEP to see if the OGCMA subsequently sought relief from the timing restriction. As confirmed in the email from the NJDEP below, the OGCMA did not seek relief, and therefore, as per the permit, is prohibited from doing any work until after October 15. The OGCMA is not only ignoring the rules it is legally required to follow, it is also putting our local environment at serious risk of harm.
Failure to Obtain Federal, State, and Local Approvals. The Permit mandates that “The permittee shall obtain all applicable Federal, State, and local approvals prior to commencement of regulated activities authorized under a permit.”
As discussed in the “Disregard for Local Law” Issue, the OGCMA has not submitted applications requesting zoning, demolition, or HPC Certificate of Appropriateness approvals, as required.
As discussed below, the OGCMA has also failed to obtain the necessary CAFRA permit.
Neptune United confirmed with NJDEP that such a timing restriction means the OGCMA cannot engage in any "approved activities" until a date after October 15. Approved activities, as per the permit, includes "site preparation."
Failure to Record Permit. The Permit states that “The permittee shall record the permit, including all conditions listed therein, with the Office of the County Clerk.
As of September 22, 2022, the OGCMA had not recorded the Permit, despite having commenced their construction activities..
Interestingly, the OGCMA did record a permit it received in August 2022, and therefore is aware of such a recording requirement. This further indicates the OGCMA’s efforts to keep the pier project information from residents in the community.
OGCMA’s Disregard of Rules Even After Receiving a Notice of Violation
On September 22, 2022, the OGCMA received a Notice of Violation from the NJDEP. The Notice of Violation informed the OGCMA that it was in violation of the Waterfront Development Act and regulations, the Costal Area Facilities Review Act and regulations and the terms of the Permit. The Notice of Violation, available here, stated in capitalized bold text: “ALL UNAUTHORIZED ACTIVITIES SHOULD CEASE IMMEDIATELY.” Despite receipt of an official Notice of Violation, on letterhead of the State of New Jersey, the OGCMA refused to even temporarily pause its construction. The OGCMA’s disregard for the rules was so flagrant that after receiving the Notice of Violation, an article was published in the Coaster on September 26, 2022 titled, “Ocean Grove Pier Construction Continues as Scheduled.”
In addition to the violations contained in the Notice of Violation, the Summary Inspection Report dated September 20, 2022 establishes that the OGCMA was engaging in even further misconduct. The Report, available here, found that the OGCMA had been using a bulldozer to spread sand, within the “area of disturbance” estimated to be 13,190 square feet. According to the report, “the area where the sand moving activities were observed has been identified as a precautionary zone in Ocean Grove’s April 2018 Beach Management plan, where sand scraping is prohibited.” [emphasis added]
