ORANGE BEACH NOURISHMENT PROJECT

     Below is a not-so-brief introduction to the How and Why of the City of Orange Beach's portion of the South Baldwin Beach Restoration Project.

 WHO:  

     The Orange Beach, Beach Nourishment Project is part of a three party agreement between the City of Orange Beach, the City of Gulf Shores, and the Alabama Department of Conservation and Natural Resources. The entire project is known as the South Baldwin Beach Restoration Project.

 WHAT:

     Beach Nourishment is the process of replacing sand onto beaches that have suffered erosion from storms and from the restriction of the natural sand replenishment caused by dredging inlets and passes. This project will effectively return the beach to a condition similar to that of thirty years ago.

The Orange Beach project will utilize sand from an offshore borrow site to place, via dredge and pipe, approximately 9.5 cubic yards of sand onto each linear foot of beach; this is the equivalent of nearly seven dump truck loads of sand for every foot of beach. Some of the sand will be used to restore sand dunes, but most of it will be placed and shaped to add height (approximately 4 feet) and width (approximately 250 feet) to the beach. This will greatly enhance the beach's ability to withstand wave energy from storms, offering much improved storm protection to structures and utilities adjacent to the beach.

 WHEN:

     The project is proceeding through the permit stages relatively smoothly. Ideally, construction would begin in September 2004, but it may be delayed until late Fall 2004 or early Winter 2005. There are several benefits to beginning the project as soon as possible including 1) availability of bidders/contractors (i.e. less competition for their services during summer months); 2) building as much beach as possible before the next hurricane season.

 WHERE:

     In Orange Beach the project will begin on Perdido Key, at the Alabama/Florida state lines, and continue westward toward Gulf State Park, Florida Point. The project will resume west of Perdido Pass at a point near the Gulf State Park Cotton Bayou Beach Access, about 1.5 miles west of the west jetty at Perdido Pass. Construction will continue west to the Orange Beach/Gulf Shore boundary. This equates to about 4.5 miles of beach to be nourished in Orange Beach. From the Orange Beach/Gulf Shores boundary, the project will continue to West Beach in Gulf Shores.

Recreation & Aesthetics: Higher. wider beaches clearly allow for more space for residents and tourists to enjoy beach activities. The wider beaches and restored sand dunes also provide a better recreation experience, encouraging return visitors.

Endangered species thrive in areas where there is a healthy, sandy beach: In areas where little beach remains between the shore and structures, there is no opportunity for sea turtles or piping plovers to nest. Providing them higher, wider beaches not only provides these species an opportunity to find adequate nesting sites, but also provides protection for those nests from storm surge or heavy surf.

HOW DOES THE CITY INTEND TO PAY FOR THIS PROJECT?

     A bond will be issued to pay for the project up front. The city has proposed to retire this bond debt with a per-unit assessment of "beach district" property owners, via a three- tiered system:

a) properties directly fronting the Gulf;

b) properties south of Highway 182, but not having Gulf frontage;

c) properties north of Highway 182 with dedicated beach access.

The proposal is to pay for the bond through a ten-year assessment on a, by the door, or living unit, basis. Gulf-fronting properties would pay the premium assessment, properties not on the Gulf but having deeded Gulf access would pay the next highest assessment rate, and properties south of Highway 182 but not having deeded beach access would pay the lowest assessment rate. The city is placing the highest limit per unit ("door") at $200. that is, the assessment would be no greater than $200 per door, per year, for the 1O-year life" of the project, or $2,000.00. A unit owner could pay this all at one time. or in equal installments over the to-year period. The final amount will not be determined until after the total project costs are known.

 DOES THIS MEAN, FOR EXAMPLE, AN ENTIRE CONDOMINIUM WOULD DIVIDE THE $2000 ASSESSMENT AMONG ALL ITS UNITS?

     No. Each unit would be assessed the $200 per year for 10 years. A duplex would have two assessments of $200 each for 10 years, and a single-family structure would have one assessment of$200 for 10 years.

 WHAT DOES THE INDIVIDUAL PROPERTY OWNER NEED TO  FACILATATE THIS PROJECT?

     The final permit to be obtained is from the State Lands Division. Obtaining that permit requires the individual property owners in the project area to sign permanent easements to permit the construction and placement of sand onto the private property, and to allow for periodic maintenance. The City will distribute the easement agreements by certified mail once they have been properly prepared, probably within the next few weeks. The quicker all the easements are signed and returned to the City, the quicker the final permit can be obtained.

 WHAT DOES THIS EASEMENT ENTITLE THE CITY OR STATE TO DO ON MY PROPERTY?

     This is a permanent easement intended to facilitate beach projects and beach management only. It does not give the city or State the right to place structures, provide public access or conduct work not related to beach management on your property.

 IS ALL OF MY PROPERTY ENCUMBERED BY THE EASEMENT?

    No, only that portion of your property lying below the Coastal Construction Line (CCL) and the recently-adopted, Mean High Tide Line (MTHL) will be included in the easement. This is intended to prevent any part of your property from being encumbered that could be considered build-able. There is no easement across your property from the north to the south, and the easement area is not considered "public" property:

I HEARD THAT THE NEW BEACH WILL ALL BE PUBLIC PROPERTY, ONCE THE PROJECT IS FINISHED. IS THAT CORRECT?

     This is only partially correct. If you are a beachfront property owner, then you know you own to the Mean High Tide Line. This has now been fixed to its pre-isadore condition (meaning, you probably have more property that is actually dry beach, in the beach’s current condition and with a current survey). The beach project will place sand even further south than this recently- adopted MHTL. That portion of the beach south of the pre-Isadore MHTL will legally be public property. However, functionally, nothing will change-you will retain your riparian rights, and the public will not have legal access north of the new MHTL. Also, no new uses will be permitted--such as camping or vending, on that portion of the beach considered public that hasn't been permitted up to this point. For all practical purposes, nothing will change in regards to your and others rights along the beach.

 WHAT IF I REFUSE TO SIGN THE EASEMENT AGREEMENT?

     It is important to understand that the design of the beach nourishment project cannot have breaks in the middle of its length-this would allow erosion to focus on the narrower area, and greatly compromise the integrity of the project. For this reason, the city will take one of two actions: 1) either use its power of eminent domain to acquire an easement on your property, or; 2) build the beach around your property, which would leave a hole in front of your property between the nourished beach and your current beach. Neither option is desirable, but either could be necessary to ensure the project's integrity is maintained.

It is important to realize that the Alabama Beach Renourishri1ent Act recognizes that beach nourishment provides the beach front property owner a very real and tangible benefit in the form of storm protection. For this reason, the Act states that a beachfront property would have to prove a harm had been done to one's property in order to get "relief'; since the Act states otherwise, any "harm" would be difficult to prove.

 WON'T THE CONSTRUCTION OF THE PROJECT HURT CONDO RENTALS, IF IT'S BUILT IN THE SUMMER MONTHS?

     Not necessarily. Pensacola Beach completed its beach nourishment last summer. in mid-July. The Pensacola Beach Chamber of Commerce informed us that it actually saw an increase in rental rates during this period, due to the tourist's curiosity of the project and the shell-collecting activity that was a by-product of the project. Also, once construction begins, the bulldozers and dredge pipe move rapidly down the beach, up to 500 feet a day. So, no single property is likely to experience a prolonged construction presence. Almost overnight, a nice, wide brand new beach will be available to your residents and visitors.

 HOW WILL THE NEW BEACH DIFFER FROM THE OLD BEACH?

     Initially, residents and visitors will notice that the new sand will not look quite as white as the native, quartz sands. The difference in color is because the sand is being brought from the offshore borrow- site and has not had the benefit of sun, rain and wind. Over a short period of time, however, the new sand will bleach out and begin matching the color of the native sand. The dredging process is also expected to bring some shells and sand dollars from the offshore Site.

The new sand will initially be shaped into a high, wide construction berm. On the landward

edge of the berm new dunes will be shaped to provide additional habitat and storm protection.

As the berm is constructed, it will push the beach shoreline south into the Gulf of Mexico as much

as 300 feet.

Over a period of several months, the beach restoration will transform itself from its initial straight uniform appearance into a more irregular, naturally occurring beach. During this period, the new sand placed on the beach may seem to be disappearing. Actually, the sand is not disappearing, but is sliding downward into a more stable and natural configuration. This process is called "equilibration".

During the "equilibration" process~ natural wind and wave action will move sand from the high, steep construction berm toward the submerged sandbar, forming a more naturally shaped beach. After equilibration is complete, the beach will typically be about 150 feet wider than it is currently. This does not mean a large quantity of the sand pumped on the beach has been "Lost". The sand transported seaward into near shore areas will serve an important role in dissipating the wave energy of future storms.

 If I have any more questions, who do I call?

In Orange Beach, contact the Department of Community Development at 251-981-2610.

Pictures in progress, 4/9/05 First pic looking east close to 161. Second and third show how extensive the progress is.