| "Anytime you start proposing new rules, everyone is always anxious about what you are going to come up with." | |
| Steve Underwood, North Carolina Division of Coastal Management |
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When shell hash and cobblestones showed up on two North Carolina beaches that were being nourished with sand, coastal resource managers in that state knew they had a regulatory problem.
"We knew we needed to do a better job of defining ‘compatible sediment,'" says Jeff Warren, coastal hazards specialist with the North Carolina Division of Coastal Management. Sand that is used for nourishment or beach-fill projects needs to "mimic the native characteristics of North Carolina's beaches."
Starting with only two sentences in existing rules that defined compatible sediment, the coastal division spent three years working with a panel of scientists reviewing data and talking with stakeholders to develop sediment criteria regulations for the state—regulations that they believe to be the most comprehensive in the country.
"We went from two sentences to four pages of ruling," Warren says. Although controversial in early stakeholder discussions, when the rule was finally brought forward for a public hearing and approval, "there was little opposition."
The rule-making process worked so well that Warren intends to use it "as a model for developing new technical rules and getting them through the public process."
Shifting Sands
Erosion is experienced by nearly 70 percent of beaches worldwide. On the East Coast of the U.S., the number of beaches experiencing erosion is closer to 80 percent.
Beach nourishment, also known as beach fill, is the practice of placing sand on a beach to combat erosion. Another option is using "hard" oceanfront structures, such as seawalls and groins—an option prohibited by North Carolina state law.
"Since we don't allow hardened structures, that gives us two options for mitigating coastal erosion—dismantle and retreat, or soft protection" using sand to nourish beaches, Warren says. "If you make the beach-fill criteria too tight, or make it too expensive to find sand and run the necessary analysis, then beach fill is no longer a feasible option.
"We had to walk that narrow line," he says, "of protecting the beaches but not taking the beach-fill option off the table."
Not Following the Rules
In 2001, coarse sediment made up of broken pieces of shells was placed on the beach at Bogue Banks, and the following year, 6- to 8-inch rocks were mixed in with sand being placed on the beach at Oak Island.
"It really made us look at our rules to ensure that there were adequate controls for matching sediment coming from another area to what was being placed on a beach," says Steve Underwood, assistant director for policy and planning with the North Carolina Division of Coastal Management.
Warren adds, "The pre-existing rule basically said, ‘any material put on a beach must be compatible with that beach to create as minimum an adverse impact as possible.' We realized that was far too subjective and better guidelines could be developed."
Science-Based
The coastal division worked with a group of coastal geologists and engineers who make up the North Carolina Coastal Resources Commission's Science Panel on Coastal Hazards to develop recommendations.
Over two years, the panel and division staff members looked at industry standards, reviewed technical data and other states' sediment compatibility guidelines, and studied the native sediment characteristics of North Carolina beaches.
Amid the panel's review—and seeming to emphasize the importance of its work—a third nourishment project left mud balls on a beach.
Better Than Nothing?
While the science panel conducted its review, the division also began extensive outreach efforts.
Warren notes that while most residents on Bogue Banks and Oak Island weren't happy with the shell hash and stones, "there were an awful lot of people who thought it was better than not getting any beach fill at all."
"Different groups of stakeholders had different interpretations of whether these were bad projects or not," Underwood says. "Anytime you start proposing new rules, everyone is always anxious about what you are going to come up with."
To help address concerns, the division talked with residents, local governments, nonprofit organizations, and private industry. In addition to planned public meetings, a website, distributed surveys, and many face-to-face meetings were used to explain the process and science, and to get public feedback. "I talked with everyone who would listen," Warren says.
Test Drive
The division took the additional step, Underwood says, of using the proposed regulations to review past projects. "We test-drove these rules to make sure the good projects would have been allowed and projects that were less desirable wouldn't have occurred."
"No rule is perfect," Warren adds, "but the new standards will increase the confidence that borrow material is similar to the native beach."
Defining Compatible
The new rule, which went into effect February 1, 2007, provides an objective definition of sediment compatibility for beach-fill projects, limiting excessively fine sediments, such as silt and clay, and coarse sediments, such as gravel and cobblestones. It also outlines specific protocols for sampling both the beach that will receive nourishment and the site from where the sand will be taken.
Warren notes that they have already made a clarifying adjustment to the regulations. "This is a living document and is continuing to evolve. We want to make sure it works."
He adds, "I am anxious for others to use our criteria as a template and provide a critical review. Could they be made better? If so, how?"
"We're proud of our sediment criteria," Warren says. "However, we're always open for improvement and appreciate the opportunity for peer review."
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For more information on North Carolina's sediment criteria regulations, point your browser to www.nccoastalmanagement.net/sediment.htm. You may contact Steve Underwood at (919) 733-2293, ext. 224, or Steve.Underwood@ncmail.net, or Jeff Warren at (919) 733-2293, ext. 241, or Jeff.Warren@ncmail.net.