DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF COASTAL AND LAND USE COMPLIANCE AND ENFORCEMENT

PHILIP D. MURPHY Toms River Office SHAWN M. LATOURETTE
Governor 1510 Hooper Avenue, Suite 140 Acting Commissioner
Toms River, New Jersey 08753
SHEILA Y. OLIVER Telephone: (732) 255-0787 Fax: (732) 255-0877
Lt. Governor
www.nj.gov/dep

February 9, 2021

Via Electronic Mail

Stephen Carasia, Borough Administrator

Deal Borough
190 Norwood Avenue PO Box 56
Deal, New Jersey 07723

RE: Notice of Violation

NJDEP File #: PEA210001 - 1310-04-0001.4
East End of Roosevelt Avenue at Atlantic Ocean
Block 14, Lot 17; Block 89, Lot 1;
Deal Borough, Monmouth County, New Jersey

Dear Mr. Carasia:

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 2, of my staff at Danielle.Campanella@dep.nj.gov or at the address
or telephone number above.

Sincerely,

Michele S. Kropilak, Region Supervisor

Bureau of Coastal and Land Use Compliance and Enforcement

Enclosure
c: Kerry Kirk Pflugh, Office of Local Gov’t Assistance
Jessica Cobb, Watershed and Land Management
Kara Turner, Division of Land Resource Protection

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 Toms River Office SHAWN M. LATOURETTE
Governor 1510 Hooper Avenue, Suite 140 Acting Commissioner
Toms River, New Jersey 08753
SHEILA Y. OLIVER Telephone: (732) 255-0787 Fax: (732) 255-0877
Lt. Governor
www.nj.gov/dep

NOTICE OF VIOLATION

Responsible Entity: Deal Borough

NJDEP File #: PEA210001 - 1310-04-0001.4
Site Location: East End of Roosevelt Avenue
Deal Borough, New Jersey 07723
Block and Lot: Block 14, Lot 17; Block 89, Lot 1;

You are hereby notified that during a compliance evaluation on 02/09/2021, the following violations of 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.)
were observed.

1. 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.

Description of Noncompliance: failure to comply with special condition #1 of Coastal

Area Facility Review Act (CAFRA) Permit 1310-04-0001.4 CAF150001 which requires
the CAFRA permit to be recorded with the Monmouth County Clerk's Office within 10
days of receipt of the permit and verified notice to be emailed to Kara Turner, at
kara.turner@dep.nj.gov immediately thereafter. There was no record found that the
CAFRA permit was recorded as required, and no notice was provided to the Department.

2. 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.

Description of Noncompliance: failure to comply with special condition #4 of Coastal

Area Facility Review Act (CAFRA) Permit # 1310-04-0001.4 CAF 150001 which
required prior to site preparation, a conservation restriction for public access be recorded
with the Monmouth County Clerk's Office. The conservation restriction must include
the public access easement and for the maintenance of the public access easement in
perpetuity. The conservation easement shall reflect exactly what is provided on the
Department's website at www.dep.nj.gov/landuse/forms and must accompany and
reference a site plan, with all restricted areas clearly delineated. Once the conservation
restriction has been recorded, a copy of the recorded restriction MUST BE submitted to
 the Department within 30 days. Said restriction shall run with the land and be binding
upon all successive owners. No public access conservation restriction has been recorded
as required.

3. 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.

Description of Noncompliance: failure to comply with special condition #10 of Coastal

Area Facility Review Act (CAFRA) Permit #1310-04-0001.4 CAF150001. Specifically,
if, at some future date, the Borough vacates any or some portion of the property, they
must include in the vacation documents, provisions for the maintenance of public access.
Copies of the vacation documents must be provided to the Department for review and
approval PRIOR to enactment. On February 5, 2021, the Borough of Deal introduced
Ordinance #1230 to authorize the sale of a portion of the property to an adjacent
homeowner and has not provided the Department copies of the vacation documents for
review and approval.

Corrective Actions:

a. Immediately comply with the CAFRA permit and conditions. Record the CAFRA
permit and provide proof of recordation to the Department.
b. Immediately comply with the CAFRA permit and conditions, specifically, utilizing
the Department provided template attached, record the required public access
conservation easement with all required plans/attachments and provide proof of
recordation to the Department immediately thereafter.
c. Immediately comply with the CAFRA permit and conditions. Provide a copy of the
vacation documents to the Department for review and approval prior to enactment.

Within 5 calendar days of receipt of this Notice of Violation submit in writing to Danielle Campanella,
Environmental Specialist 2, an explanation of the corrective measures you have taken or will take to achieve
compliance.

This Notice of Violation serves as notice that the NJDEP’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.

Issued by: Date: February 9, 2021

Michele S. Kropilak, Region Supervisor
Bureau of Coastal and Land Use Compliance and Enforcement