March 22, 2014
Mr. Howard Ruben ( Howard.Ruben@usace.army.mil)
The U.S. Army Corps of Engineers
New York District Planning Division-Environmental Branch 26 Federal Plaza
New York, New York 10278-0090
Dear Mr. Howard Ruben,
I am writing as a concerned citizen, Surfrider Foundation member, and commissioner of the Asbury Park Environment and Shade Tree Commission to express my significant concerns regarding the Elberon to Loch Arbour reach of the Sandy Hook to Barnegat Inlet Beach Erosion Control Project. My concerns deal with the proposals call to notch six jetties, use public funds to replenishes beaches that do not provide adequate access according to the Public Trust Doctrine, and the unintended consequence that are already impacting Deal Lake.
First, notching of the six jetties will have a negative impact on access to those jetties for fishing. My experience in the water also tells me that notched jetties increase long-shore currents through the notch and subsequent rip tides on the other side of the jetty. While I applaud the ACOE’s desire to remove hard structures and restore natural processes, this decision should be based on evidence. The negative impact on fisherman is not in question. Loss of access to the jetties is a clear loss of a recreational use. What is the evidence-based benefit that mitigates that loss? Without clear evidence that is made public with adequate time to review, the ACOE should remove notching from its current Deal reach plan.
Second, any municipality receiving publicly funded beach replenishment should provide public beach access consistent with the Public Trust Doctrine and subsequent judicial interpretations. This area from Elberon to Deal clearly does not do that. The NJ DEP’s website notes “The public’s right to access tidal waters and their shorelines, embodied in the Public Trust Doctrine, has existed prior to the inception of the State of New Jersey and continues to this day. The Public Trust Doctrine is the principle that certain resources, in this case tidal waters and shorelines, are preserved for public use, and that the government is required to maintain them for the public's reasonable use. Subsequent court cases have interpreted and implemented its strictures, and many legislative acts and regulatory provisions rely on the Doctrine to protect and enhance access.” The ACOE should delay implementing this plan until adequate beach access, as put froth in the Public Trust Doctrine, is provided.
Third, the flume at Deal Lake is already being clogged with sand. The northern side of the 8th Avenue jetty, on the Asbury Park-Loch Arbour boarder, has retained a significant amount of sand since the completion of the Asbury Park replenishment project. Although no one has been watching each grain of sand and how it has moved, it is reasonable to think some of that sand has migrated north from Asbury Park. The concern is that the ACOE and NJ DEP are yet to address this issue at the flume. Unless there is more vigilant monitoring of that flume, we run the risk of significant flooding and resulting property damage with a significant rainstorm event.
I encourage the ACOE to eliminate notching from the plan until evidence of its benefit it made public with adequate time to review, delay implementation until public beach access is provided according to the Public Trust Doctrine, and actively monitor and manage the impact on the Deal Lake flume.
I am anxiously awaiting your response.
Sincerely,
Joe Woerner
cc. Jenifer Thalhauser, Project Manager (Jenifer.E.Thalhauser@usace.army.mil)
Donald Cresitello, Engineer (Donald.e.cresitello@usace.army.mil)