EELC files public comment with New Jersey DEP opposing confined disposal facility in Ocean County

EELC represents Save Barnegat Bay in opposing the West Creek Confined Disposal Facility (CDF) Project in Eagleswood Township, NJ.  The New Jersey Department of Environmental Protection (DEP) has issued permits to the New Jersey Department of Transportation (DOT) that allow DOT to (1) dredge the Westecunk Creek and two other waterways and (2) store the dredged material in a CDF on land bordering Barnegat Bay, the Edwin B. Forsythe National Wildlife Refuge, and a residential street.

Potential Environmental Impacts of West Creek CDF and Preferred Alternative:

The West Creek CDF Project would permanently disturb at least seven acres of wetlands.  DEP has not sufficiently demonstrated that the Project will not adversely impact endangered or threated wildlife species on the site or in the surrounding area.  Save Barnegat Bay maintains that DOT should pursue beneficial reuse of the dredged material as the preferred alternative to the construction of the West Creek CDF. 

Status:

  • Local homeowners along with the New Jersey Conservation Foundation and Environment New Jersey (collectively, the Appellants) filed in the New Jersey Superior Court, Appellate Division appeals of the DEP permits, which were consolidated in March 2020.
  • In September 2020, EELC filed a Motion to Appear as Amicus Curiae and Proposed Brief on behalf of Save Barnegat Bay in the matter.
  • In October 2020, the Appellate Division granted Save Barnegat Bay’s Motion to Appear as Amicus Curiae.
  • On November 8, 2021, oral argument was held in the matter.  EELC Senior Staff Attorney Daniel Greenhouse participated on behalf of Save Barnegat Bay.
  • On November 24, 2021, the Appellate Division issued its Opinion, in which it remanded the matter to DEP.
  • In January 2022, DEP shared a document from DOT for DEP’s consideration for the remand and opened a 30-day comment period.
  • On February 18, 2022, EELC submitted to DEP these comments on behalf of Save Barnegat Bay.

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