Nonprofit frustrated by the BCDC permit process

The 115-foot beach adjacent to the Port of Redwood City was once covered in oyster shells and gently sloped into the ocean, but because of erosion, the beach is now covered in clay with exposed cement and there’s a drop off, said Marilou Seiff, MSI’s executive director. Such conditions are a safety hazard for MSI’s students, some of whom are kindergarten age, and are also an obstacle for the kayakers, paddleboarders and other recreational boaters who launch from that beach.

MSI, which serves about 50,000 children a year, received a $50,000 grant in 2013 to restore the beach by filling it with oyster shells dredged from the Bay. The project is estimated to take about two to three days.

Since receiving the grant, MSI has secured permits for the project from at least a half a dozen federal and state agencies, including the National Oceanic and Atmospheric Administration and the U.S. Army Corps of Engineers. But the nonprofit needed to secure one more permit from BCDC by Dec. 31, 2018, or it would lose the grant funding.

MSI did secure that permit from BCDC in December, but it’s contingent on what Seiff described as a study that her organization cannot afford. She said initial estimates suggest the required study would cost about $20,000.

“We don’t have the funds to do a $20,000 study so we’re in the process of trying to find another engineer to do this less expensively,” Seif said. “We’re hoping we’ll find a civil engineer to get it done for a reasonable fee.”

Brad McCrea, regulatory director for BCDC, took issue with the word study. He described the requirement as a technical consultation with a civil engineer familiar with coastal processes — language reflected in the contract.

“The goal of that consultation is to ensure the most appropriate materials and approaches are used to create a safe beach and something that will last a long time,” he said. “It’s not uncommon and it’s a reasonable requirement because beaches should be safe and should persist and an engineer should be involved. … We’re thrilled about this project because it provides access to the Bay, fostering more stewardship and appreciation of the great common resource that we all share.”

The contract also requires MSI to conduct a beach assessment four times per year and following winter storms.

“I think it could potentially be a way for young people to learn how scientific assessments are conducted,” McCrea said.

Whether Seiff is able to find an engineer to complete the consultation at an affordable price, she’s still upset that the process has been complicated and time consuming.

“Initially BCDC wanted information on 100-year flood and sea level rise in the study and we finally got it pared down to the erosion issue,” Seiff said. “It’s such a no brainer that this permit should have been issued years ago. I feel if BCDC is there to help protect the Bay and maintain access then they should be issuing these permits in a timely manner. I would like to see this whole process be simplified and expedited, especially for small projects. For the time and energy that our small nonprofit has had to put into this is inexcusable.”

MSI is not the first organization to take issue with BCDC’s regulatory practices. In November, Westpoint Harbor and BCDC settled after a legal dispute that spanned seven years. And in August, a bipartisan group of state assemblymembers called for an audit of BCDC because of questionable enforcement procedures. The results of that audit should be published by March next year.

zachary@smdailyjournal.com

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