Erosion Agreement is Crucial
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It is urgent that the Department of Interior, the Corps of Engineers, and New York State expedite their efforts to reach an agreement on an erosion project which comes as close as reasonably possible, to replenishing the dune and beach system and the natural and community resources of Fire Island to their condition when the Fire Island National Seashore Act was enacted in 1964. The storm reduction project plan proposed by the Corps, at last year’s Fire Island Association annual meeting, should be approved.
Congress has repeatedly endorsed the FIMP project over almost 60 years.
FINSA requires the DOI and Corps to conserve and preserve the island against erosion, as it was or at least, as of its official mapping in May 1978 , That includes its dunes and beaches, and other natural resources, and Community District properties, in the condition whey were in at that time..
Among the unique resources to be protected from erosion, are the Sunken Forest, a federal wilderness area, fresh water wetlands, and endangered species.
One of the critically important resources that also needs to be conserved and protected is sand. Sand is not dirt. It is a valuable natural mineral resource. Sand is the core of the marine and terrestrial ecology of Fire Island. Its natural values are documented in the scientific and engineering studies commissioned by the National Park Service. Its preservation, restoration, and recycling from offshore borrow areas, when necessary, are essential to prevent a breach of the barrier island system, and flooding of the south shore mainland, which would cause billions of dollars of damage to properties and endanger the safety of its population.
Contrary to its critics, the Corps’ proposed erosion project will not damage the natural values of Fire Island. It will enhance them by recycling compatible sediments from offshore borrow areas.
NY State, under the Coastal Erosion Hazard Area, and Coastal Zone Management Consistency standards, and Tidal and Freshwater Wetlands Acts, has a similar obligation with respect to the resources under its administration. Together with the Department of Interior and the Corps, the State is a public trustee of these resources.
The official mapping by the State & federal government, of the boundary lines of the Coastal Erosion Hazard Area, Federal Dune District, and Community Districts, is evidence of an intent to conserve and protect not only the natural resources of Fire Island, but the properties in the Community Districts, in the condition they were in as of May 1978, the date of the map referred to in the FINSA.
There is extrinsic evidence that supports the Congressional intent, i.e. the FINS adoption of zoning standards for the Community Districts, the provisions exempting properties from condemnation, if they comply with the standards, & the fact that the villages, and Fire Island property owners have taxed themselves to finance local erosion projects, as the result of the failure of the federal and state governments to meet their obligations
The Corps recommendation that the sand project must also protect wilderness areas, is also in accord with the intent of Congress, because the wilderness legislation, states that the designation of wilderness status does not preclude repair of the beaches where necessary to prevent or mitigate flooding. Hence although the levels of sand placement may vary in wilderness and developed Community District areas, it is contrary to the Congressional intent to argue that no sand whatsoever should be placed to protect the beaches of the wilderness areas.
The proposed scope of the Corps’ erosion project is in keeping with the intent of Congress, and the state CEHA, and Coastal Zone Management Consistency standards. Those who continue to demand additional studies, or oppose or question the engineering and scientific judgments of the coastal engineers who endorse the Corps’ position, have failed to comprehend the Congressional intent.
The federal and state governments have an obligation to maintain to the maximum extent practicable, the conditions as they existed in 1978, and those governments should have acted to prevent or mitigate the destruction of the beaches and dunes from erosion, but they did not.
It is time to hold them accountable, because the Department of Interior and New York State bear responsibility to protect all of Fire Island’s natural and community resources. Thus they should not only approve but work closely with the Corps – as the enabling act, and other legislation require- to provide this urgently necessary protection.
If they do not, it is high time that the FINSA be amended to mandate such project, in order to save the island, and effectuate the original intent of Congress.