Earlier this month, the Appellate Division of the Superior Court of New Jersey overturned a permit that authorized the New Jersey Department of Transportation (NJDOT) to construct a Confined Disposal Facility (CDF) at the end of Dock Road in Eagleswood Township. A group of concerned neighbors joined with environmental advocates, including Environment New Jersey, New Jersey Conservation Foundation, and Save Barnegat Bay, to challenge the actions of two state agencies: the New Jersey Department of Environmental Protection (DEP) for issuing the permit and NJDOT for constructing the structure on top of a freshwater wetland. After nineteen years navigating state bureaucracy and the court system, the group finally won. The decision reads: “Having considered this matter a second time, we reverse the issuance of the General Permit 1. As a matter of law, we conclude the DEP and DOT have misrepresented the criteria within NJAC 7:7A-7.1(a) and misapplied them to the facts.”
“The DEP has the responsibility to act fairly and even-handedly. Instead, DEP distorted clear language of its own regulation to allow a sister agency to damage environment with impunity,” said Michele Donato, Esq., representing homeowners, Environment New Jersey, and New Jersey Conservation Foundation.
The CDF structure is intended for containment and storage of dredged sediment materials. It was built during legal proceedings and is currently filled with materials from Westecunk Creek and Parker’s Run. It sits in a quiet residential neighborhood at Dock Road's end leading to Barnegat Bay's waters. The spot is surrounded by Edwin Forsythe National Wildlife Refuge; bird sounds fill air; an osprey nest near site has hatchlings seen popping heads up as parents bring food back.
“This is slice paradise along Barnegat Bay. Yet for close two decades NJDOT acted like these wetlands adjoining Forsythe Wildlife Refuge residential homes were industrial site NJDEP permitting ignored clear statutes," said Doug O’Malley, Director Environment New Jersey.
The CDF is adjacent homes on top marshes surrounded south west wildlife refuge. Under General Permit issued by NJDEP transportation agency conducting maintenance dredging inland waterways does not address harm environment nor required look alternatives.
“It’s painful took almost 20 years get two agencies follow own rules blatant disregard rules waste time taxpayer dollars burden shouldn’t fall public Save Barnegat Bay never opposed maintenance dredging boating bay advocating Barnegat Bay Sediment Management Plan fifteen years while DOT finally developing coastal plan need separate detailed plan community engagement specifically Barnegat Bay sensitive ecological features need marsh restoration decades scientific research high-level community engagement present perfect opportunity do far more good than archaic method Confined Disposal Facility CDF blatant disregard rules only exacerbates situation,” said Britta Forsberg Executive Director Save Barnegat Bay.
Groups residents focused addressing management dredge sediment materials neighborhood sensitive environmental marsh habitats crucial local ecosystem after nineteen-year legal battle courts ruled last week DEP made legal factual mistakes.
“This really important victory local regional environment people invested preservation precious natural resources around Barnegat Bay thrilled Court accurately assessed law revoked permit now up Department Environmental Protection take next steps correct remediate unpermitted CDF should not constructed without proper permits,” said Dan Greenhouse Senior Staff Attorney Eastern Environmental Law Clinic represented Save Barnegat Bay.
Primary concerns appeal include potential environmental impact dredge sediment disposal marshlands serve vital habitats wildlife act natural buffers against flooding argue current practices could lead long-term ecological damage advocated more sustainable scientifically informed management strategies protect wetlands habitat threatened endangered species.
“I am very grateful court took time consider some complicated issues case reversed permit authorized DEP fortunate supported incredible attorney experts along representatives NJ environmental organizations whose lives dedicated making world better place integrity passion dedication environment along knowledge experience expertise able overcome deference officials whose opinions found ‘misrepresent criteria within NJAC 7:7A-7.1(a) i.e., FWW regulations misapplied facts.’ That effort took almost 2 decades legal process unable spare environment over time until court’s opinion prevail shows much work left done,” said Martha Steinberg long-time Dock Road resident appellant.
Groups residents calling greater transparency involvement decision-making process related sediment management emphasize need state agencies collaborate closely local communities environmental experts develop plans protect both human health environment uniting voices neighbors environmental advocates aim ensure management dredge sediments handled responsibly preserving integrity Eagleswood Township’s natural resources future generations.
“On May 10 2024 DEP Governor Murphy announced suite reforms address coastal resilience coastal flooding those reforms recommend using dredged material raise height meadows thin layer placement replace lost island habitat rebuild estuary coastlines suggested all this 15 years ago but allowed DOT build dump right across road residential homes on 26 bayfront acres process destroy 7 acres wetlands doesn’t make sense I’m very happy about recent court victory would like thank all people worked hard effort,” said Mike Pierro Dock Road neighbor appellant.
NJDOT NJDEP both authored study in 2021 beneficial reuse dredge spoils looks adaptive reuse within coastal ecosystems direct focus resilience habitat enhancement proved successful Fortescue along Delaware Bayshore court decision ideally lead re-examination state policy dredge spoils lead resolution ecologically beneficial site borders Barnegat Bay National Wildlife Refuge.
“The best easiest way resolve situation conduct ecological restoration both tidal freshwater wetlands site include unique habitat components could develop nesting areas increasing rare species such diamondback terrapins colonial waterbirds such terns herons annex property Forsythe National Wildlife Refuge,” said Emile DeVito Ph.D., Manager Science Stewardship NJ Conservation Foundation.
