State denies concrete dune crossing in Prime Hook Beach

The state has denied the retroactive approval of a 118-foot-long, 10-foot-wide concrete dune crossing in Prime Hook Beach.

The Delaware Department of Natural Resources and Environmental Control’s Division of Watershed Stewardship issued the ruling Jan. 16.

“The department has an interest and the authority to protect the environment, including wildlife,” said Stephen Williams, division director, in his decision letter to the applicant. “The increased traffic over the dune caused by applicants’ use of the beach access structure as a ramp to launch his boat or other watercraft is likely to adversely impact migrating and local species, such as horseshoe crabs and the red knot, which is listed as threatened under the federal Endangered Species Act.”

It’s not exactly clear when the concrete dune crossing was constructed. In an earlier story, the state said it learned about it when a member of the public brought it to their attention. The application from property owner David Heffernan was submitted to the state in early November, and the Division of Watershed Stewardship issued a public notice Dec. 10. 

According to DNREC officials, there wasn’t another concrete dune crossing like it at a private residence along any other Delaware Bay dune.

The application cited a number of reasons for allowing the crossing – family and guests want to bring small trailers over the dune to carry small boats and beach supplies down to the beach, the previous wooden walkway didn’t last and it could be used for emergency access to the water.

The department received 28 comments, with 27 against the permit and one in favor of the permit, said Williams. The one in favor is the applicant’s neighbor who shared in the costs of the construction of the beach access structure, he said.

Prime Hook Beach property owner Greg Nielson was one of the people who provided a comment to the state against the concrete dune crossing. He said he thought DNREC made a wise decision.

"For years, the Prime Hook Beach community has had a self-help project of planting native grasses on our dunes to preserve them so they protect our community from storm surges and flooding and support native species habitat,” said Nielson, in an email Jan. 20. “Had the permit been approved and precedent set, future destructive changes would jeopardize our community's safety and have negative impacts on the environment.”

As part of his letter, Williams listed a number code violations and instructed the property owner to restore the dune by grading the sand back to the contours and alignment that it had with surrounding dunes prior to construction, and to plant Cape American Beach Grass. Failure to correct the violation, which is considered a public nuisance, could result in the department filing suit in the appropriate court seeking to compel action, he said.

The property owner has 15 days from the receipt of certified mail containing the DNREC letter of denial dated Jan. 16 to remove the crossing. The property owner has the right to appeal.

Editor’s note: This story has been updated to include comments from a Prime Hook Beach property who was against the dune crossing.