DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF COASTAL AND LAND USE COMPLIANCE AND ENFORCEMENT
PHILIP D. MURPHY

Toms River Office
1510 Hooper Avenue, Suite 140
Toms River, New Jersey 08753
Telephone: (732) 255-0787 Fax: (732) 255-0877

Governor

SHEILA Y. OLIVER
Lt. Governor

CATHERINE R. MCCABE
Commissioner

www.nj.gov/dep

June 6, 2020
Via email & CERTIFIED MAIL/RRR
7019 2280 0001 6928 4759
The Honorable Patrick Rosenello
City of North Wildwood
901 Atlantic Avenue
North Wildwood, New Jersey 08260
RE:
NJDEP File #:

Notice of Violation
PEA200001 - 0507-03-0009.3
Block 291.01, Lot 1; Block 315.02, Lot 1;
Block 316.02, Lot 1; Block 317.02, Lots: 1 & 2;
Block 317.03, Lot 1
North Wildwood City, Cape May County, New Jersey

Dear Mayor Rosenello:
Enclosed for service upon you is a Notice of Violation issued by the Department.
If you have any questions concerning the enclosed Notice of Violation you may contact Danielle
Campanella, Environmental Specialist, of my staff at Danielle.Campanella@dep.nj.gov, or at the address
or telephone number above.
Sincerely,

(For)
Michele Kropilak, Region Supervisor
Bureau of Coastal and Land Use Compliance and Enforcement
Enclosure
c:
Christopher Jones, NJDEP, DLUR
Judeth Yeany, NJDEP, Green Acres
Bill Dixon, NJDEP, Coastal Engineering

New Jersey is an Equal Opportunity Employer. Printed on Recycled Paper and Recyclable.

 DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF COASTAL AND LAND USE COMPLIANCE AND ENFORCEMENT
PHILIP D. MURPHY
Governor

SHEILA Y. OLIVER
Lt. Governor

Toms River Office
1510 Hooper Avenue, Suite 140
Toms River, New Jersey 08753
Telephone: (732) 255-0787 Fax: (732) 255-0877

CATHERINE R. MCCABE
Commissioner

www.nj.gov/dep

Via email & CERTIFIED MAIL/RRR
7019 2280 0001 6928 4759
NOTICE OF VIOLATION
Responsible Entity:
NJDEP File #:
Site Location:
Block and Lots:

City of North Wildwood
PEA200001 - 0507-03-0009.3
Waterfront area, Surf Ave & 2nd Ave-22nd Ave
North Wildwood, New Jersey 08260
Block 291.01, Lot 1; Block 315.02, Lot 1
Block 316.02, Lot 1; Block 317.02, Lots: 1 & 2;
Block 317.03, Lot 1

You are hereby notified that the City of North Wildwood (City) is currently in violation of the Freshwater
Wetlands Protection Act (N.J.S.A. 13:9B-1 et seq.) and the regulations (N.J.A.C. 7:7A-1 et seq.), the Flood
Hazard Area Control Act (N.J.S.A. 58:16A-50 et seq.) and the regulations (N.J.A.C. 7:13-1.1 et seq.), and
the Coastal Area Facilities Review Act (N.J.S.A. 13:19-1 et seq.) and the regulations (N.J.A.C. 7:7-1 et
seq.), and the Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq.) and the regulations (N.J.A.C. 7:15-1 et. seq.).
During compliance evaluations at the above location on April 28, 2020 and May 26, 2020, the New Jersey
Department of Environmental Protection (Department) observed egregious and potentially knowing
violations of the above-referenced laws, which exist to ensure the protection of public safety and the
environment. As outlined further below, the City’s unauthorized and unpermitted destruction of more than
eight (8) acres of mature, densely vegetated natural dunes, including destruction of critical wildlife habitat,
freshwater wetlands, unpermitted construction of more than 2,234 linear feet of bulkhead, unpermitted
installation and construction of structures and walkways, and continued failure to comply with permit
conditions through continued beach grading without proper regulatory oversight is detrimental to the
environment and may have created conditions that threaten public safety. If immediate corrective action in
accordance with this Notice is not completed, the Department may be required to take further enforcement
action.
1. Requirement: Pursuant to N.J.A.C. 7:7-2.2, no person shall engage in a regulated activity
within a CAFRA area without a coastal permit.
Description of Noncompliance: The performance of unauthorized regulated activities
within a CAFRA area. More specifically, the following activities have occurred without
permit authorization from the Department's Division of Land Use Regulation:

 A. The construction of approximately 617 linear feet of steel bulkhead from 5th to 7th
Avenue, within a prior beach and dune area.
B. The removal of vegetation, filling and grading of the (now bulkheaded) beach and dune
area (approx. 0.58 acres) from 5th to 7th Avenue, to create a park with playground,
walkways and other amenities.
C. The construction of approximately 1,617 linear feet of steel bulkhead from 7th Ave to
13th Avenue along the oceanfront, within prior dune and freshwater wetland areas.
D. The placement of crushed clam fill material for the creation of a path through approx.
8,565 square feet of beach/dune/CAFRA area from Surf Ave to the Lou Booth
Amphitheater.
E.

The placement of an approx. 96 square foot concrete landing/flagpole adjacent to the
Lou Booth Amphitheater.

F.

The 1,084 square foot expansion of concrete sidewalk at Surf Avenue leading to the
path through the dune that leads to the Lou Booth Amphitheater.

G. The placement of an approximately 165 square foot shed within a CAFRA Area at the
beginning of the path on Surf Ave leading to the Lou Booth Amphitheater.
H. The placement of a 470 square of concrete path in a CAFRA area near the intersection
of 2nd & Ocean. (adjacent to amphitheater)
I.

The removal of vegetation, grading, and filling of a beach/dune/CAFRA area at the
intersection of 1st & Surf: specifically, the placement of concrete & gravel for pathways
and a bike rack area within a 4,234 square foot area.

J.

The clearing of vegetation and grading of a beach/dune at the intersection of 1st & Surf:
Specifically, the placement of an approx. 230 square foot platform with benches.

K. The construction of a 598 square foot gazebo at 1st & Surf.
L.

The construction of a 357 square foot roof covered gazebo structure at the intersection
of 2nd and JFK Blvd.

M. The construction of approx. 4,216 square feet of concrete walkway and composite
walkway at the Beach Patrol building at 15th Avenue.
N. The placement/construction of approx. 4,691 square feet of storage sheds at the Beach
Patrol building at 15th Avenue.
O. The placement/construction of an approx. 1,638' x 8' composite bike path between 15th
& 21st along the oceanfront.
P.

The placement of approx. 44,981 square feet of crushed clam fill material for the
creation of a walkway between 15th and 21st along the oceanfront.

 Q. The construction of 24,264 square feet of composite walkways/ shower platforms/
bench platforms etc. along the oceanfront at multiple street end entrances to the beach.
The showers have been constructed outside of the sewer service area. (Also in violation
of N.J.S.A. 58:10A-1 et seq. & N.J.A.C. 7:14 et. seq.)
R. The construction of approx. 495 linear feet of vinyl bulkhead along the oceanfront from
3rd to 5th Avenues along, water ward of the existing timber bulkhead.
2. Requirement: Pursuant to N.J.A.C. 7:7A-2.2(a), the following activities are regulated when
performed in a freshwater wetland and State open waters and require prior permit
approval from the Department: the removal, excavation, disturbance or dredging of soil,
sand, gravel, or aggregate material of any kind; the drainage or disturbance of the water
level or water table so as to alter the existing elevation of groundwater or surface water,
regardless of the duration of such alteration; the dumping, discharging, or filling with any
material; the driving of pilings; the placing of obstructions, including depositing,
constructing, installing or otherwise situating any obstacle which will affect the values or
functions of a freshwater wetland; or the destruction of plant life which would alter the
character of a freshwater wetlands, including killing vegetation by applying herbicides or
by other means, the physical removal of wetland vegetation, and/or the cutting of trees;
and the placement of any portion of a residential development project as defined at
N.J.A.C. 7:7A-1.4.
Description of Noncompliance: The performance of unauthorized regulated activities
within a freshwater wetland area. More specifically, the following activities have occurred
without authorization from the Department's Division of Land Use Regulation:
The vegetation removal, clearing, excavation, grading, removal of existing dunes, and
stockpiling of sand has occurred within an approximately 6.7 acres area of prior beach/dune that
also included areas of freshwater wetlands between 7th and 13th Avenue.
These dunes, freshwater wetlands, and freshwater wetlands transition area were previously
identified and delineated under permit #:0507-03-0009.2 CAF140001 & FWW140001 &
FWW140002, including Special condition #4, which stated, "Any additional unpermitted
disturbance of freshwater wetlands, state open waters and/or transition areas besides that
shown on the approved plans shall be considered a violation of the Freshwater Wetlands
Protection Act Rules unless the activity is exempt or a permit is obtained from the Department
prior to the start of the proposed disturbance.", and Special condition #6, which stated, "The
construction activities shall not cause any change in pre-construction elevation of freshwater
wetlands, transition areas, or state open waters." As stated above, these areas have been
removed and filled, thus changing the elevation. All freshwater wetlands and transition areas
have been disturbed/filled/removed.
3. Requirement: Pursuant to N.J.A.C. 7:7A-2.3(a), the removal, excavation or disturbance of
the soil; dumping or filling with any material; erection of structures; placement of
pavements; destruction of plant life which would alter the existing pattern of vegetation;
and placement of any portion of a residential development project as defined at N.J.A.C.
7:7A-1.4 within a freshwater wetland transition area are regulated activities which require
prior permit approval from the Department.

 Description of Noncompliance: The performance of unauthorized regulated activities
within a freshwater wetland transition area. More specifically, the following activities have
occurred without authorization from the Department's Division of Land Use Regulation:
The vegetation removal, clearing, excavation, grading, removal of existing dunes, and
stockpiling of sand has occurred within an approximately 6.7 acres area of prior beach/dune that
also included freshwater wetland transition areas between 7th and 13th Avenue.
These dunes, freshwater wetlands, and freshwater wetlands transition area were previously
identified and delineated under permit #:0507-03-0009.2 CAF140001 & FWW140001 &
FWW140002, including Special condition #4, which stated, "Any additional unpermitted
disturbance of freshwater wetlands, state open waters and/or transition areas besides that
shown on the approved plans shall be considered a violation of the Freshwater Wetlands
Protection Act Rules unless the activity is exempt or a permit is obtained from the Department
prior to the start of the proposed disturbance.", and Special condition #6, which stated, "The
construction activities shall not cause any change in pre-construction elevation of freshwater
wetlands, transition areas, or state open waters." As stated above, these areas have been
removed and filled, thus changing the elevation. All freshwater wetlands and transition areas
have been disturbed/filled/removed.
4. Requirement: Pursuant to N.J.A.C. 7:13- 2.1(a), no person shall engage in a regulated
activity in a regulated area without a flood hazard area permit as required by this chapter,
or a coastal permit as required by N.J.A.C. 7:7.
Description of Noncompliance: The performance of unauthorized regulated activities
within a regulated flood hazard area without the required permit authorization. More
specifically, the following flood hazard regulated activities have occurred without
authorization from the Department's Division of Land Use Regulation:
A. The construction of 617 linear feet of steel bulkhead between 5th & 7th Ave to create a
park with playground/walkways /other amenities.
B. The construction of 1,617 linear feet of steel bulkhead between 7th &13th Avenue.
C. The placement of approx. 4,691 square feet of storage sheds at the Beach Patrol building
at 15th Avenue.
5. Requirement: Pursuant to N.J.A.C. 7:7-27.2(c) 8, failure to comply with the conditions of
a CAFRA permit is a violation of the Coastal Zone Management Rules and is grounds for
enforcement action under N.J.A.C. 7:7-29.
Description of Noncompliance: Failure to comply with the approved beach and dune
maintenance permit and special conditions #’s 4, 10, and 13 of CAFRA Permit #: 0507-030009.3 CZM170001 (PERMIT 1).
Special condition #4 states, "The proposed activities must be conducted in accordance with Best
Management Practices as defined by the Department in the Rules on Coastal Zone Management
in Standards applicable to routine beach maintenance (N.J.A.C. 7:7-10.2), Standards applicable

 to emergency post-storm beach restoration (N.J.A.C. 7:7-10.3) and Standards applicable to dune
creation and maintenance (N.J.A.C. 7:7-10.4). Activities other than those outlined in these
subchapters shall require additional authorization from the Program. Failure to receive such
authorization prior to activities may warrant enforcement action by the Bureau of Coastal and
Land Use Enforcement."
Special condition #10 states, "Bulldozing, excavation, grading, vegetation removal, or clearing
and relocation of existing dunes, whether existing or constructed in conjunction with this permit
are not authorized under this general permit."
Special condition #13 states, "Sand transfers to or from wetland areas that may exist on the beach
are not authorized by this permit."
Per N.J.A.C. 7:7-10.2/10.3/10.4 -Standards for beach and dune activities: Bulldozing,
excavation, grading, vegetation removal or clearing, and the relocation of the existing dunes is
not authorized, and there shall be no disturbance to existing dunes.
The April 28, 2020 site inspection confirmed the following beach/dune activities are not in
compliance with PERMIT 1 or the Coastal Zone Management rules:
A. The removal of vegetation, grading and filling, of 0.58 acres of prior beach/dune area
between 5th and 7th Avenue for the installation of a bulkhead and creation of a park.
B. The vegetation removal, clearing, excavation, grading, removal of existing dunes, and
stockpiling of sand has occurred within an approximately 6.7 acres area of prior
beach/dune that also included areas of freshwater wetlands and freshwater wetland
transition areas between 7th and 13th Avenue.
C. The removal of vegetation, filling, and grading of an approx. 0.57 acres beach/dune area
adjacent to Seaport Pier.
The disturbed dune areas were previously identified under permit #: 0507-03-0009.2
CAF140001 & FWW140001 & FWW140002, which contained Special condition #1, which
states, "This permit does not authorize any disturbance to the adjacent dune." As stated above,
the dunes have been graded, excavated, and vegetation has been removed.
6. Requirement: Pursuant to N.J.A.C. 7:7-27.2(c)8, failure to comply with the conditions of
a CAFRA permit is a violation of the Coastal Zone Management Rules and is grounds for
enforcement action under N.J.A.C. 7:7-29.
Description of Noncompliance: Failure to comply with the approved sand harvesting/sand
transfer/beach fill permit and standard condition #12 of Permit #: 0500-07-0006.3
CAF180001 & WFD180001 (PERMIT 2), which authorizes the harvesting of sand from
Wildwood, and transferring the sand to North Wildwood to be deposited along the beaches
and dunes between 26th Avenue and 2nd Avenue, as beach fill.

 PERMIT 2 states that the project does not propose disturbance within freshwater wetlands, and
Standard condition #12 states, "The permittee and its contractors and subcontractors shall
comply with all conditions, site plans, and supporting documents approved by the permit. Any
noncompliance with a permit constitutes a violation of this chapter and is grounds for
enforcement action under, as well as, in the appropriate case, suspension and/or termination of
the permit."
On April 28, 2020, the following unauthorized activities were observed. These activities are not
in compliance with the permit and approved plans, which do not authorize the disturbance of
freshwater wetlands or existing dunes.
A. Sand has been transported between 7th Avenue & 13th Avenue and placed within an
approx. 290,971 square foot (6.68 acres) vegetated dune area. The dunes included areas
of freshwater wetlands and freshwater wetlands transition areas, which were critical
wildlife habitat. The freshwater wetlands and prior existing densely vegetated dunes are
no longer visible on site and have been removed.
B. Sand has been stockpiled within an approx. 24,971 square foot (0.57 acres) area of dune
adjacent to Seaport Pier, which is outside of the approved areas depicted on the approved
plans.
7. Requirement: Pursuant to N.J.A.C. 7:7A-20.2(c) 8, any noncompliance with a permit,
constitutes a violation of this chapter and is grounds for enforcement action under N.J.A.C
7:7A-22.
Description of Noncompliance: Failure to comply with the Bike Path, Sidewalk & Utility
Reconstruction permit, approved plans, and pre-construction condition #2 of the CAFRA
and Freshwater Wetlands Permit #:0507-03-0009.2 CAF140001& FWW140001 &
FWW140002 (PERMIT4).
Pre-construction condition #2 states, "Prior to site preparation, the permittee shall complete a
transition area and adjacent freshwater wetland area conservation restriction and file the
completed restriction with the Office of the Cape May County Clerk."
This conservation restriction was required to preserve and document the location of freshwater
wetlands and transition areas within the oceanfront existing dunes. Review of the Cape May
County Clerk's Website found no record of the required freshwater wetland and transition area
conservation restriction having been recorded.

ALL UNAUTHORIZED ACTIVITIES MUST CEASE IMMEDIATELY.
Corrective Actions:
a. Do not conduct any further regulated activities, except in compliance with a valid land
use permit and approved plan(s) or Department approved restoration plan.
b. Within 10 days of receipt of this Notice of Violation, contact the Bureau with a proposal
to address the above referenced violations and all information requested herein.

 c. The proposal must address all conditions outlined herein, including the submission of
complete application(s) to the Department’s Division of Land Use Regulation for the
appropriate CAFRA, Freshwater Wetlands and/or Flood Hazard permit(s) to attempt to
authorize all unpermitted construction, grading, filling, excavation, and dune and
freshwater wetlands and transition area removal, and/or submission of a restoration plan
to the Department for review and approval to remove all unauthorized construction and
restore the waterfront areas from Surf Ave, and 2nd Ave – 23nd Avenues to their pre
disturbance condition.
d. Any activity and/or structure that does not receive permit approval must be removed and
the area restored to its pre disturbance condition in accordance with the following:
1. The restoration of 6.68 acres of critical wildlife habitat dune, including areas
of freshwater wetlands and freshwater wetlands transition area, between 7th
and 13th Avenue. Such restoration of the dune and freshwater
wetlands/transition area shall be to its original topography and include
planting with appropriate native vegetation.
2. The restoration of an approximately 0.58 acres of beach and dune area from
5th to 7th Avenues through the removal of approximately 617 linear feet of
steel bulkhead, playground equipment, walkways and other amenities and
restoration of the beach/dune area to its original topography, as well as the
planting of the dune with native vegetation.
3. The removal of the approximately 1,617 linear feet of steel bulkhead from
7th Ave to 13th Avenue along the oceanfront, within prior dune and
freshwater wetland/transition areas.
4. The removal of the approximately 495 linear feet of vinyl bulkhead from 3rd
to 5th Avenues, that has been constructed water ward of the existing timber
bulkhead.
5. The restoration of 0.57 acres of the beach/dune area adjacent to Seaport Pier
through the restoration of the dune to its original topography and planting the
restored area with native vegetation.
6. The removal of crushed clam fill material from within the 8,565 square feet
of beach/dune/CAFRA area from Surf Ave to the Lou Booth Amphitheater,
and replant the area with native vegetation.
7. The removal of the approx. 96 square foot concrete landing/flagpole adjacent
to the Lou Booth Amphitheater.
8. The removal of the 1,084 square foot expansion of concrete sidewalk at Surf
Avenue leading to the path through the dune that leads to the Lou Booth
Amphitheater.
9. The removal of the approx. 165 square foot shed within a CAFRA Area at
the beginning of the path on Surf Ave leading to the Lou Booth Amphitheater.

 10. The removal of the 470 square feet of concrete path in a CAFRA area near
the intersection of 2nd & Ocean. (adjacent to amphitheater)
11. The restoration of the approximately 4,234 square foot of a
beach/dune/CAFRA area at the intersection of 1st & Surf through the
removal of concrete, gravel, pathways, and bike rack area, and replant with
native vegetation.
12. The restoration of the approx. 230 square foot beach/dune area at the
intersection of 1st & Surf through the removal of the platform and benches
and replant with native vegetation.
13. The removal of the 598 square foot gazebo at 1st & Surf Avenue.
14. The removal of the 357 square foot roof covered gazebo structure at the
intersection of 2nd and JFK Blvd.
15. The removal of the approximately 4,216 square feet of concrete walkway and
composite walkway at the Beach Patrol building at 15th Avenue.
16. The removal of the approx. 4,691 square feet of storage sheds at the Beach
Patrol building at 15th Avenue.
17. The removal of the approximately 1,638' x 8' composite bike path between
15th & 21st along the oceanfront.
18. The removal of the approx. 44,981 square feet of crushed clam fill material
for the creation of a walkway between 15th and 21st Avenues along the
oceanfront and replant with native vegetation.
19. The removal of 24,264 Square feet of composite walkways/ shower
platforms/ bench platforms etc. along the oceanfront at multiple street end
entrances to the beach.
For more information and guidance on preparing
http://www.nj.gov/dep/enforcement/clue-resources.html.
e.

a restoration plan

go to:

The pre-construction condition #2 of the CAFRA and Freshwater Wetlands Permit #:
0507-03-0009.2 CAF140001 & FWW140001 & FWW140002 cannot be satisfied at
this time, as the freshwater wetlands and freshwater wetlands transition areas have
been destroyed within the dunes. Upon restoration of the impacted freshwater
wetlands and freshwater wetlands transition areas, a conservation restriction shall be
submitted to the Department for review and approval, and upon approval, the
conservation restriction shall be recorded with the Cape May County Clerk’s Office.
If the freshwater wetlands and transition areas are not restored within the dunes,
mitigation shall be required to compensate for the loss. Any mitigation required for
the loss of freshwater wetlands and freshwater wetlands transition area will require the
City to file a conservation restriction for the mitigation area.

 In addition, please provide the Bureau:
1) Copies of all site/work plans, as built surveys, planning board and other local/county/state and
federal approvals, associated with all of the unauthorized construction and activity outlined above,
and
2) A list of all contractors with contact information/address, copies of all contracts, and specifically
which project(s) the contractor completed for the City, for all of the work outlined above.
This Notice of Violation serves as notice that the Department’s Bureau of Coastal and Land Use
Compliance and Enforcement has determined that a violation has occurred. It does not constitute final
agency action and may not be appealed or contested. The issuance of this Notice or compliance therewith
does not preclude the State of New Jersey or any of its agencies from initiating formal administrative and/or
judicial enforcement action (including assessment of penalties), with respect to the violations listed above
or for any other violations. You may appeal or contest such formal actions. Penalties may be assessed daily
for each violation.

Issued by: _________________________________(For)
Date: June 6, 2020
Michele Kropilak, Region Supervisor
Bureau of Coastal and Land Use Compliance and Enforcement