NYS DEC issues notice

The City of Long Beach was issued a notice of violation by the New York State Department of Conservation (DEC) late last month for work that was being done on the dunes at the beach entrance on Illinois Avenue.

City Manager Charles Theofan said the city was grooming the sides of the dunes to make the entrance more handicap accessible. After a call from a concerned citizen, the DEC inspected the site.

“The DEC came down and admittedly said that it was not clear whether we needed a permit or not to do what we’re doing, but they told us to apply for it,” said Theofan. “We’re still under the opinion that we don’t need it, but they’ve always been very cooperative with us so in the future, if we do anything like this, we’ll ask for the permit first.”

Theofan added that no sand was removed from the dune or the premises, but rather was moved into other positions. According to the DEC, the permit that was issued in 2005 allows the city to groom non-vegetative portions of the dunes, which includes raking or smoothing ruts or small mounds, collecting or removing trash and installing sand fencing.

DEC spokeswoman Aphrodite Montalvo said the city was in violation of its permit by excavating and operating heavy machinery on three areas of dunes, which had vegetation growing on them. On Sept. 24 a the DEC will hold a compliance conference to determine if there will be any penalties against the city, or if any restoration work needs to be

done.

“The city will have to apply for a permit, which will be reviewed by the department, and a decision would be rendered following that process,” Montalvo said when asked what the next steps are for the city.

While some area residents had voiced concerns that the excavation of the dunes will cause street flooding during a heavy storm, especially during the hurricane season, others are pleased the city opened up the entranceways.

“I don’t feel they’ve been opened up that much,” Flo Whyte, a resident who lives three houses from the beach, said about the controversy. “When there is any storm warnings the city comes in and fills in all the dunes anyway.”

The Whyte family has been living in their West End home since the late 1980s and she recalled a particularly heavy storm during the first years on Illinois, which caused street flooding, but noted that the water came mainly from the bay and not from the ocean. Whyte added that she has never had an issue with flooding and has witnessed the city barricading the entrances with sand twice this season after a warning of severe weather.

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