Surfrider Foundation: Mitigation Through Surf Enhancement

CHAPTER 1
(Page 4 of 5)

With construction immanent, it was clear that Chevron's primary concern was the protection of their pipelines and upland facility. This motivated Chevron to argue that the groin would be low impact. Also, because similar projects had historically gone unchallenged, Chevron was probably confident that there would be no demonstrable threat to recreational surfing. The tone of the CCA, precedent from other projects and the expert testimony did not make a strong case for surf degradation. Historically, this level of consideration would have been thorough enough to satisfy most permit requirements, however Surfrider Foundation's objection increased the scrutiny with which the project was evaluated.

As described in the Special Condition (CDP No. 5-83-395), Chevron hired an independent contractor, Dr. Andrew Lissner, to monitor the surfing conditions in the project area for three years. Near the end of the three year period, the El Niño event of 1986 created another period of intense storms and wave action along the coast of California. These storm damaged the groin and forced Chevron to file for another permit to repair the groin. Once again the Surfrider Foundation and concerned citizens were present at the public hearings and once again they convinced the Coastal Commission to include another special condition. Special Condition (5-86-395) was very similar to the first special condition and it extended the monitoring period for another three years and included investigation of potential surfing hazards caused by storm damage to the groin. Because no specific guidelines were established to document changes in the wave conditions, the methodology was at the discretion of Dr. Lissner. Lissner headed the monitoring for the two three year periods. He documented wave conditions by visual observation from shore and by plane and took census recordings of the numbers of surfers using specific breaks in the vicinity of the project. Dr. Lissner also conducted interviews with "local" surfers who had extensive experience surfing in the region. Observations were made monthly with a larger study, including interviews, completed quarterly. It was opinions expressed by this "panel of experts" that had a major impact on the review of the permit by the Executive Director (CCC, 1993). These reports have become known as the Lissner Reports (Lissner, 1984 - 1989). In 1989, with the monitoring period complete, the Lissner reports clearly stated that the surf has continuously degraded since the 1986 storm:

The results form the previous (1983-1987) quarterly surf monitoring surveys indicated that the surf quality in the project region was reduced significantly from the old El Segundo groin south to new the Chevron groin as a result of the original groin project. In contrast, surf associated with the Chevron groin was generally very good until it was decreased significantly by the result of storm damage in winter 1986. This reduction in quality was associated with smaller size and poorer [sic] shape, and a corresponding reduction in the number of surfers using the project region.... The reduced quality between the old [Grand Avenue] and the new [Chevron] groins is due to a steeper beach slope which resulted in poor surf shape associated with near shore breakers; this condition has persisted from 1983 to this date and has not shown any indication of improvement during this period (Lissner, 1989).

    With this report complete, Chevron and Surfrider Foundation were given an opportunity to file reports with the Coastal Commission as part of the public comment incorporated into all permit decisions. Surfrider Foundation drafted a report based on a summary of the Lissner reports and completed another set of interviews to support the claim that the surf had degraded. In contrast, Chevron hired Noble Consults because "Chevron has raised a concern of the accuracy of such perceptions [use of visual observations and interviews] in the absence of more quantitative analysis. Through consultation with the California Coastal Commission, this study [Noble's ] has been authorized by Chevron to further a more quantitative oceanographical [sic] assessment of the ESMT [groin] project effects on surfing" (Noble, 1992). Through the use of hindcast analysis and analysis of the local physical processes, Noble claimed that surf conditions have been variable over the last 20 years with low surf conditions evident from 1988 through 1990. They also stated that because Santa Monica Bay has experienced intense development, including alteration of the coast via engineering structures variable, conditions were to be expected (Noble, 1992). These conclusions were intended to demonstrate that the six years of evaluation was not enough to prove that the surf had degraded because periods of natural variation or Santa Monica Bay-wide anthropogenic effects may have cycles on the same time scale.
    Because no guidelines to evaluate surf conditions had been established, it was difficult to quantify how or if the surfing conditions had been impacted. Although there is an extensive research history on wave transformation in the surf zone, these studies do not address wave characteristics that are important to surfing quality. For this reason, the Lissner reports are an excellent example of use of social science to compensate for the lack of natural scientific data in an effort to quantify an impact on a region. The degradation on surf quality affects a group of expert users (the surfers) and therefore their opinion is an important aspect of the evaluation. Because nearshore morphodynamics are so dynamic and difficult to accurately measure and scientific evaluation of surf qualify is not an established field, Noble Consultants had difficulty quantifying surf degradation based purely on the physical conditions of the region. This circumstance demonstrates an extremely important lesson in the evaluation of resource damage and mitigation: physical science may not always be an effective or appropriate means of evaluation. This case demonstrates that the use of quantifiable social science can be equally effective in demonstrating resource damage.
    It was during this six years of monitoring that the tensions between groups reached their peak with each group attempting to promote their stance on the issue before the decision was to be made by the Commission [Kremer, personal communication]. Chevron, in an effort to avoid the costs of mitigation, was motivated to prove that surf quality had not degraded and, even if it had, that the effects could not be "directly" and "objectively" attributed to the construction of the groin. Surfrider Foundation, determined to put a stop to the continued sacrifice of surfing areas in California, was determined to set a precedent: protection of surfing areas as a natural resource and recreational area. It was important to Surfrider Foundation to establish surfing as a legitimate recreation and environmental use of a natural resource. In addition, Surfrider wanted direct compensation for the lost resource. The Coastal Commission found themselves in a controversial situation. The use vague language in the special condition forced them to rely on the Lissner reports and the final comments of Chevron and Surfrider Foundation to determine if the Chevron project warranted mitigation.
    Lissner's concluding report found that the quality of the surf had continued to deteriorate since the storm damage in 1986, and that there was no indication that the surf quality would improve (Lissner, 1989). After years of debate as to whether the "impacts on surfing conditions [were] directly and objectively attributable to the completed groin project", the Commission determined, based on the above reports, that the results warranted mitigation by Chevron. This decision set off fierce disagreements concerning appropriate mitigation for the lost surf. Chevron felt that their construction of a bike path, life guarding, and maintenance of 2,000 linear feet of beach was appropriate mitigation for the lost surf (Oram & Valverde, 1994). The Coastal Commission thought differently and required Chevron to create a map of surf hazards throughout Orange and Los Angeles counties. However, the Surfrider Foundation and other constituents did not believe that this was adequate compensation for the destruction of the surfing area that local community members considered a valuable resource. Surfrider used an economic argument to support their claim that adequate mitigation would be $300,000 for the creation of an artificial reef. In comparison to revenues of a nearby water park, Surfrider estimated that the lost surf resulted in damages worth $244,000 to local surfers (Oram and Valverde, 1994). Through continued negotiation and a strong presence on the part of the Surfrider Foundation, it was determined that Chevron was to be responsible for a surfing enhancement project that would attempt to restore a surf break in the project area by creating an artificial reef. The project was to be a cooperative effort between Chevron, the Coastal Commission, and the Surfrider Foundation. Through careful and equitable conflict resolution on the part of the CCC, a mitigation settlement and cooperative effort was agreed upon. Despite criticism that the CCA is biased towards development and that more precise permitting language would speed the resolution process (Oram and Valverde, 1994), this case demonstrates that the Coastal Commission has been given adequate authority and flexibility to regulate coastal development and reach an equitable resolution. It also proves that the public participation aids equal representation from a broad range of constituents on concerns over coastal development.

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