State says leveling dunes is flat illegal

But Newport Beach officials say they shouldn't be left holding the sandbag


By
Orange County Register
June 23, 2005

NEWPORT BEACH – Jack Crabbs was on his oceanfront porch smoking a cigarette when he looked over the sand dune in front of his home and saw something odd stirring up the beach.

It was midnight, far too late for city workers to be on the job. He watched as tractors flattened the sand about three houses over from his.

"I just thought it was bizarre," said Crabbs, 32, who says he did not get a look at the drivers. "I thought it was pretty shady."

Call it the mystery of the missing sand dunes.

No one seems to know how several 4-foot-tall mounds of sand disappeared from the beach of West Newport in mid-April - but the California Coastal Commission sure wants to know who did it and who is going to put them back.

"It's pretty alarming. It's disappointing that something like this would happen," said Lisa Haage, the commission's chief of enforcement. "We're very sad. There were native dunes that are now gone."

Sand dunes have naturally developed in front of about 10 beachfront houses in the area over the years, making it harder for homeowners to see waves crashing on the beach. While the dunes offer a bit of privacy from beachgoers and block the wind for residents, Crabbs said he'd rather they were gone.

"I wish someone would bulldoze these," he said, pointing to the dunes that stand between his porch and the ocean.

Digging for answers

In a letter to the city, the commission accuses one or several homeowners of making an "under-the-table" deal with a contractor who was working on a project nearby in the Santa Ana River.

The commission is demanding that Newport Beach rebuild the ice-plant-dotted dunes that sat adjacent to the river - even though no one is accusing the city of leveling the mounds.

"That's (like) someone coming in and robbing a bank and making us pay it back," said City Manager Homer Bludau.

The Coastal Commission calls the shots for most landscape alterations on or near the sand. Removing the dunes would require a permit. Whoever flattened the sand violated the Coastal Act, the commission staff said.

Officials said the dunes are important because they are potential nesting sites for the California least terns that breed nearby. They say natural formations should not be disturbed.

The commission last week asked the Orange County District Attorney's Office to look into the disappearing dunes, but no formal investigation has started, said Joel Stone, an attorney in the DA's environmental protection unit.

Coastal Commission disputes are rarely referred to the DA's office, said Andrew Willis, a commission staff member.

Newport Beach police are questioning homeowners in the area, said Assistant City Manager Dave Kiff.

Like the Coastal Commission, Councilman Steve Rosansky assumes a homeowner had a hand in the crime.

"It was probably someone who said, 'We'll give you a couple hundred dollars to remove that.' Who did it? We'll probably never know," he said.

When residents were asked this week about the missing sand dunes, they said they have no clue where they went.

When asked about the flattened dunes, one resident smiled sheepishly and said he didn't know anything about it. He refused to give his name, hurrying to shut his car door.

Remedy can be costly

A city beach maintenance supervisor first discovered the sand dunes were missing the morning of April 18. He notified Mike Ladouceur, a supervisor with CJW Construction. The company was working nearby on a Santa Ana River dredging project for the U.S. Army Corps of Engineers.

Ladouceur contacted police and said a front-loader and an excavator could have been stolen from their job site, used to level the dunes, then replaced.

Alan Perkovich of CJW said his employees had nothing to do with it - he'd bet an entire year's paycheck on it - but he could not vouch for subcontractors on the project, who have left town. He said the equipment uses universal keys, and anyone could have started them.

Perkovich said if someone took his equipment to level the sand, it's a crime against his company - no different than stealing a car for a joyride.

"We feel a crime was committed," Perkovich said. "I can't sit and make accusations to say who did it."

Resculpting the dunes may not be as easy as piling up some sand.

It will probably require a restoration ecologist to take a biological survey of the land, determine what has been destroyed and how it should be re-created. A bulldozer would have to be brought in to dump the sand. The dunes have to be sculpted. New vegetation has to be bought, and someone has to monitor the plants as they grow, said Willis.

"The price tag can start to escalate pretty quickly," he said, not specifying an amount.

The commission originally gave the city a May 26 deadline to rebuild the dunes. The city is working on a response to the commission, and has asked for an extension in order to decide if and how the city would replace the dunes, said city attorney Robin Clauson.

"I think it's kind of unusual that we're being forced to place it back how it was," said Rosansky.



Copyright 1999-2005, California Coastal Coalition
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