Thu, May 27, 2004

Surfrider Foundation – Oregon Chapter
PO Box 571
Newport, OR 97365

May 23, 2004

Gordon Salisbury
4515 North Coast Highway
Newport, OR 97365

Subject: Surfrider Foundation – Oregon Chapter Response to Citizen Request of State Parks to Channelize Big Creek, on Agate Beach in Newport Oregon      

Dear Mr. Salisbury:

This is in response to your May 10, 2004 letter and associated petition regarding an Oregon State Parks and Recreation (OPRD) request to channelize Big Creek, on Agate Beach in Newport Oregon.  Because the Surfrider Foundation works to preserve beach access, and has a history of doing so in Oregon, you approached Surfrider Foundation to potentially assist the nearby residents in negotiating with OPRD, and acquiring public support.

The Surfrider Foundation is a non-profit environmental organization dedicated to the protection and enjoyment of the world's oceans, waves and beaches for all people, through conservation, activism, research and education. The Surfrider Foundation recognizes that beaches are unique coastal environments with ecological, recreational and economic value. The Surfrider Foundation further recognizes that beaches are a public resource and should be held in the public trust. As human activities and development in coastal areas increase, the need for preservation of beaches becomes ever more apparent.

Coastal areas that are free of development should be protected via proactive means that do not interrupt coastal processes. These include:

• Placement of beaches and beachfront lands in public trust
• Establishment of beach setbacks based on current and historical erosional trends
• Restoration of natural sediment transport processes in coastal watersheds

Furthermore, Surfrider promotes the right of low-impact, free and open access to the world's waves and beaches for all people. Surfrider acts to preserve this right of access.

Background

Big Creek enters the sandy beach at Agate Beach Wayside State Park and flows north along the beach cliff for a distance of approximately one mile. According to the area homeowners, this channel location is a redirection from a historically straighter route between the stream’s beach entry point and the ocean.

According to their documentation, 206 people have signed a petition asking Oregon Parks and Recreation Department (OPRD) to straighten the creek’s channel to flow in a more direct route to the ocean. OPRD has jurisdiction over Oregon’s beaches, up to the vegetation line.

Argument

Big Creek, in Newport Oregon has turned to flow along the foredune and beachcliff for approximately one mile. In the recent past, this creek has traveled a nearly straight line between its beach ingress point and the ocean. This stream channel redirection is due to natural sand migration and other natural causes such as storm wave activity. Residents landward (east) of the creek and beach have historically enjoyed beach access without having to cross the stream. The channel migration now requires public and private beach users, accessing the beach only landward of this beach section, to cross a stream to access the beach. The residents advocate for OPRD to channelize, or straighten Big Creek’s path from sandy beach ingress to the ocean.

Findings

On May 14, 2004, a Surfrider volunteer an myself performed beach investigation at the subject site. We found that on the beach sand, the creek contains fish, provides a wetland-like microhabitat including reeds, algae and habitat for ducks and other wetland species. The water emanating from the culvert at the beach cliff smells and looks colored and polluted. The sand’s filtering effect cleans the water before it enters the ocean. The area homeowners indicate in their letter that sewage spills have occurred in this stream.

The stream has created a depression, parallel to the shoreline and cliff, collecting driftwood. In part it has created a foredune, with pioneer vegetation on the toe of the cliff. These two functions buffer the effects of the storm erosion on the cliff, providing some cliff protection for area homeowners that might apply for a shoreline hardening permit should cliff erosion threaten their homes.

Upon review of the petition and letter, Surfrider Foundation – Oregon Chapter finds no stated empirical rationale for channelizing, straightening the creek from the culvert into the ocean. The only rationale presented by the residents is that they now have to access the dry sand without crossing this Creek. There is no compromise of public access. Nor is there erosion caused to essential property or facilities (in fact, quite the opposite).

The residents’ letter request of OPRD states a “blockage of public access” necessitates this stream channel alteration. Surfrider finds that no public beach access is hindered. In fact, private and public access is not blocked, only requiring beach users to remove their shoes or wear sandals before entering the beach. The only public beach access in this section is at the creek beach ingress point, at the State Park Wayside. When Big Creek followed a straighter path to the ocean, this area in front of the Wayside was fairly saturated, and the path to the beach required a creek crossing. Big Creek’s flow direction change does not affect public beach access at the Wayside.

Big Creek is also not “6 feet deep” as the letter states. Understanding that stream levels change in response to precipitation, the creek only appears 18 inches at a maximum depth, with an average depth of under 6 inches, and a sluggish current. This is not a serious access deterrent.

There is no “problem to be corrected”, as the residents’ letter states. Stream channels change constantly, especially those in dynamic beach environments, and in regions with such intense storm action. The stream has taken its natural course (in respect to its culverted outfall location).

Recommendations

Big Creek should remain in its current location to:

• Protect area homeowners from storm erosion
• Filter polluted water prior to ocean mixing
• Retain wetland-type micro environment
• Restrain public fund expenditure for beach access that is not in danger of being lost
• OPRD shouldn’t be used to provide access to a private beach for the portion of the beach that mainly serves private access points.

Because public beach access is not threatened by a legal or formidable environmental impediment (such as rip rap, substantial erosion etc.) Surfrider Foundation – Oregon finds no elements of the residents’ argument that could initiate a Surfrider beach access campaign.

For the Ocean,
Markus R. Mead
Oregon Field Coordinator
Surfrider Foundation
PO Box 571
Newport, OR 97365
Email: mmead@surfrider.org
Mobile Phone: 503.709.2912

Cc:
Oregon Governor Ted Kulongowski
Steve Williams, OPRD
Michael Carrier, OPRD Director

Below are the resident’s petitions and letters.

4515 North Coast Highway
Newport, OR 97365

May 10, 2004

Governor Kulongoski
160 State Capitol
900 Court Street
Salem, OR 97301-4047 

Dear Governor Kulongoski, 

We appreciate your tremendous responsibilities for the total state of Oregon, and our concern must be a pin head compared to your other time demands. However, we are contacting you because of the problems at Agate Beach in Newport Oregon. Big Creek has turned north for over a mile and is blocking public access to this fine beach. Would you be kind enough to have one of your staff members check on this? 

We are enclosing copies of 3 of the 9 petitions that were circulated here. We would be happy to send copies of the additional 6 if you are interested. In total, 206 people have signed the petition indicating their frustration. Please note that not only the residents of and visitors to Agate Beach are upset, but also a large number of the Newport residents who are used to visiting the beach and bringing their children/grandchildren as well. We have traced the history back and have found that for over the previous 60 years Big Creed flowed directly out to sea thus not blocking beach access. 

A couple of points not mentioned in the petition. In digging its way along the bank, Big Creek also has captured Little Creek (which also always run straight out to sea) and that has added to the volume of water. At one point the creek has cut a ditch over a 6 feet deep as it has moved north. We are aware of one child who has fallen into this ditch. Fortunately, at that time the creek was only a little over a foot deep, and the child's father was able to pull him out. 

Also, it has had an economic impact on the destination resorts at Agate Beach. Currently the beach access at Little Creek Cove Resort is blocked by the stream so people staying there are unhappy. They have mentioned that when people call for reservations and ask about beach access, the answer has to be, "Yes, if you are wearing high boots during the summer and hip boots during the winter." The stream is continuing to work its way north along the bank and soon will cut off the beach access to other destination resorts which are closer to Yaquina Head. 

Currently the State Parks Division (who has the authority to take this action) does not feel that this problem needs to be corrected. The people in Newport strongly disagree. Moving Big Creek back to its original course would not be without precedent as D River outlet in Lincoln City is moved back to its original channel each year.

We would like to clear one point. The local ODFW people say that despite the low summer tides and the fact that the creek braids out as it travels west to the sea, they believe that the summer run of ocean going trout could stay off shore long enough to find the highest summer tide and make it back to where the creek now exits. 

Please let us know your thinking and of any effort you can make to help with this problem at Agate Beach. We will look forward to hearing from you and will share your information with the rest of the concerned citizens. 

Thank you for your time, interest and help. 

Sincerely,
Gordon Salisbury
Resident
541-265-9546

CONCERNED CITIZENS AND VISITORS OF AGATE BEACH

We, the undersigned, are concerned residents and/or visitors that have enjoyed the easy public and private beach access at Agate Beach over the years. Up until recently, Big Creek flowed directly west into the ocean surf. Due to various natural and manmade interferences, Big Creek now flows directly north from its outlet at Agate Beach Wayside along the cliff's edge approximately one mile north before turning west into the ocean. 

As a result, public and private beach access along its route is non-existent. Agate Beach Wayside State Park has a large parking lot that offers an under-road tunnel and paved path that was constructed for easy beach access. That path now ends at the creek. Both residents and visitors cannot traverse without hip boots. It becomes extremely dangerous crossing during winter storms and heavy rain run off.

In addition, the Agate Beach pump station has experienced malfunctions causing raw sewage to flow into Big Creek. The last occurrence was in the summer of 2003. The city posted "caution ­ contaminated water" signs at the wayside access area only. All others located north of this point were not advised of the hazard. If Big Creek were in its original channel, the raw sewage would have run directly into the ocean causing much less of a public health hazard. 

Originally, salmon and steelhead swam directly up the Big Creek stream to spawn using the fish ladder at the City Reservoir. This is no longer possible.

Therefore, we the undersigned, ask those in authority to return Big Creek to its original and natural channel. With the proper light equipment, this could be accomplished within a very short time frame.