Prime Hook Beach dune crossing denial appealed

The Prime Hook Beach property owner seeking after-the-fact approval of a concrete dune crossing has appealed the state’s denial that ordered its removal.

“I believe the optimal solution is to leave it ‘as is’ under a conditional permit, with the agreement to remove the structure immediately if any signs of concern arise,” said property owner David Heffernan, in his Feb. 7 appeal letter to Delaware Department of Natural Resources and Environmental Control Secretary Gregory Patterson.

The 10-foot-wide, 118-foot-long concrete dune crossing on Clifton Shores Drive came to light when the state issued a public notice Dec. 10, asking for public comment on an application to construct the crossing, which had already been built.

There was previously a 4-foot-wide wooden crossover, but the wood doesn’t last, said Heffernan, in the original application.

Arguments for allowing the continued existence of the dune crossing included that family and guests want to bring small trailers over the dune to carry small boats and beach supplies down to the beach. Emergency access to the water was also cited as a need.

In response to the request for public comment, the department received 28 comments, with 27 against the permit and one in favor of the permit. The one in favor is the applicant’s neighbor who shared in the costs of construction of the beach access structure, he said

Ultimately, the state denied the application and ordered its removal.

“The department has an interest and the authority to protect the environment, including wildlife,” said Stephen Williams, Division of Watershed Stewardship director, in his Jan. 16 decision letter to the Heffernan. “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.”

Heffernan’s appeal letter of the denial stresses the importance of emergency access.

“I understand that the structure may generate public debate, but the facts and benefits to the community, particularly as a sponsored emergency access point for the fire department and EMS, are significant,” said Heffernan. “Its continued existence provides a life-saving advantage by reducing response time, making it highly worthwhile for both public safety and dune preservation.”

The letter also talks about the practicality of removing the crossing.

“If the current structure were removed, replacing it with a narrower structure would be impractical as it would not accommodate the equipment, jet skis, sailboats and trailers,” said Heffernan. “The dune would be significantly impacted by a narrower structure causing a flattened dune and erosion.”

The appeal includes a letter from the Milton Fire Department in support of the crossing from the original application. New this time is a letter from a Pennsylvania woman who was stuck in her kayak offshore for two hours waiting for the Coast Guard to rescue her because of limited access by emergency responders on land. The situation made it clear that access to the shoreline for emergency vehicles is extremely limited, she said.

Heffernan suggested three options going forward, in order of preference: issuance of a conditional permit allowing the existing structure to remain, with periodic inspection, immediate repair or removal if needed, and clearly defined maintenance obligations; removal of the concrete surface and replace it with a wood or composite ramp of the same width; removal of the current structure and reinstall a wood or composite walkway consistent with the structure that existed before.

Prime Hook Beach property owner Greg Nielson submitted a public comment in opposition of the original application. He remains in opposition.

“Since Prime Hook Beach was established in the 1950s, there has never been a ramp to support emergency responses. Yet, the lack of a ramp has never stopped emergency responders from doing their job. They simply use one of the 11 accessways available to the community and drive over the dune and launch. Many residents have kayaks, canoes, small sailboats and beach gear they easily push or pull over the dune paths. To provide a paved ramp for the convenience of renters would set a bad precedent in my opinion,” said Nielson, in an email Feb. 20.