Traders Cove Dredging Draws DEP Violation Notice For Brick

BRICK, NJ — Brick Township officials have been issued a notice of violation by the state Department of Environmental Protection over dredging by the township at Traders Cove Marina.

In a letter dated Nov. 30, the DEP's Bureau of Coastal and Land Use said the township's dredging at the marina was unauthorized and that the dredged material placed at two locations — behind the municipal building on Chambers Bridge Road and at the township's public works property on Ridge Road — must be tested before anything further is done with the material at either site, as part of the township's Waterfront Development Permit application.

The letter signed by Michele Kropilak, the bureau's region supervisor for compliance and enforcement, said the DEP would be following up in the coming days.

The dredging at Traders Cove came to light in recent weeks when Councilman Jim Fozman brought it up at the Nov. 5 Township Council meeting, at which he criticized township officials including Mayor John Ducey over doing the work without having proper permits in place.

The township had DEP permits in place for the original dredging that took place at Traders Cove; one expired in 2013 and one expired in 2017. A federal permit was good through Dec. 31, 2018. Fozman said he called the DEP to have it investigate the situation.

The DEP's violation notice said the dredged material amounted to 2,240 cubic yards. It gave the township 30 days to apply for the proper permits and submit a copy of the contract with Albert Marine, which was hired to do the dredging.

"Our maintenance permit expired. It wasn’t realized until after the maintenance was being done," Ducey said, adding the township already was in the process of applying for the new one. "It (the expiration) was apparently missed by our engineering department. I do not know how they missed it."

Larry Hajna, a DEP spokeman, confirmed that the previous permit had expired and that the township was in the process of applying for a new permit for the moving of dredge materials.

Fozman, at the Nov. 5 meeting, claimed the township could be facing hefty fines for doing the work without a permit. But whether the state will fine the town remains to be seen. Caryn Shinske, another DEP spokesperson, said a Notice of Violation is simply that: a notice of non-compliance, with a corrective action to be taken.

"An NOV doesn't necessarily require that a penalty be issued," Shinske said Tuesday.

Because some of the dredge material was dumped at the site of the new police building, the DEP letter told the town it cannot do further preparation work at the site until the dredge testing is completed. Ducey said he does not believe that will delay completion of that building, however.

"There is still a long process ahead in connecting to the MUA system," he said. "During that time the testing will occur."

Ducey dismissed Fozman's remarks about fines, saying those only occur when people do not follow through and comply with regulations.

"It is similar to when our building department sees a hot water heater without a permit while they are doing a furnace inspection," Ducey said. "We require the resident to get the permit and if they do so, no fine. If they do not, they end up with a fine. " He said the township collected about $45,000 in fines last year from people who did not comply with permit regulations.

Brick Township Traders Cove Notice of Violation by Karen Wall on Scribd

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