By Theresa-Marie Wilson
After six hours of an emotionally charged meeting, the California Coastal Commission agreed to get involved with what has been a dust storm of differing opinions surrounding the Oceano Dunes State Vehicular Recreation Area (ODSVRA).
The Coastal Commission was asked to jump into the fray after 30 years of non-compliance with the park’s Coastal Development Permit (CDP) requirements to finalize a Habitat Conservation Plan.
The 3-day monthly meeting was held at the Cliffs Resort in Shell Beach.
The state environmental watchdog group is hoping to strike a balance between facilitating vehicular recreation and protecting dune and related coastal resources. The last hearing on the issue was in 2007.
“The law is that these recreational uses of this property are recognized, and they are important,” said Vice Chair Janna Zimmer. “The issue for the Coastal Commission is to try to figure out how to make our process fit with what is recognized and what is going to continue to be available. What we need to do is come to a resolution on a process that for any number of reasons has taken way longer than anyone ever expected it to take. That needs to be concluded in order for us to move forward…. I understand the public’s frustration and I don’t know how to account for the fact that we don’t seem to be able to move the ball forward.”
“I would like the Commission to give staff direction about what we want to see in terms of an updated CDP and when we want to see it,” said Commissioner Mary Shallenberger. “For me it includes getting (rid) of that two miles of access way that is nothing more than a freeway on the beach. Using our beaches as a highway is not okay. For me, time is up. Otherwise we keep having the hearings and we keep saying the same thing and not doing it.”
The park is a complex piece of property that has been the subject of contentious debate between diverse groups of interested parties.
Approximately 1,500 acres, (1200 in summer months) of the ODSVRA are currently available for off-highway vehicle (OHV) use which is a huge recreational draw bringing millions of people and revenue annually to the area. However, the Coastal Commission considers the park an environmentally sensitive habitat area home to the federally listed threatened western snowy plover and supports endangered species including the California least tern, steelhead trout, and tidewater goby.
In 2010, the San Luis Obispo County Air Pollution Control District (APCD) released results of siting high particulate air pollution on the Nipomo Mesa was related to off-highway vehicle use in the Oceano Dunes State Vehicular Recreation Area.
The study said that all fine airborne particulate matter, regardless of composition, could cause respiratory distress when inhaled, especially to the very young, the elderly and those with compromised respiratory systems
As a result of that study, the APCD adopted Rule 1001 in 2011. The so-called dust rule required State Parks, which operates the dunes, take responsibility for monitoring and reducing windblown particulate dust that makes its way from the off-highway riding area to the Nipomo Mesa. The rule allowed for substantial fines of up to $1,000 per day if dust emissions were in violation of state and federal standards. That rule goes into effect May 31 of this year.
Air pollution mitigation measures including installing 5 acres of wind fencing and more than 5,000 hay bales have not lived up to expectations according to Coastal Commission Ecologist Dr. Laurie Koteen.
“In practice, however, we find the choices of these mitigation efforts to be problematic for many reasons,” Koteen said. “First and foremost, these measures do not appear adequate to achieve the desired particulate reductions in the whole of the adjacent (area) affecting the Nipomo Mesa community. At the site the straw bales were buried within a short amount of time causing them to loose their effectiveness as a wind barrier. Second, we found the measures to limited with regard to target area and emission reduction objectives. High particulate emissions are a problem across larges swabs of the Nipomo Mesa.”
There was no shortage of public speakers on all sides of the issues during the meeting. About 80 speaker cards were submitted to the Commission.
A large number of people living on the Nipomo Mesa, who said that there were days that they could not go outside because of increased dust, implored the Commission to take action against OHV activity.
“At the end of the day, citizens expect public officials, commissioners and supervisors to protect the health and safety of our constituency,” said Linda Reynolds. “The people want to join the ranks of tern, the plover and the trout and have our health and safety protected. We do not want to be collateral damage due to a lack of protection of the air quality.”
Air quality is not in the acumen of the Coastal Commission a few commissioners noted.
“I believe that ninety percent of our conversation today has been about air quality coming off the dunes,” said Commissioner Erik Howell of Pismo Beach. “I appreciate the health issues associated with it, but this is the one issue that is probably furthest out of our purview, and one that we are least capable of dealing with. There is a reason we have an air quality control board and other entities that deal with air quality. We are not equipped to handle it very well.”
Off-road enthusiasts were also represented wanted more space to continue what several said was a multi-generational activity.
“I would ask that the area restore the balance, said Friends of Oceano Dunes President Jim Suty. “We hear a lot about balance. We need to balance recreation with the protection to the species, the flora, the fauna and the health. All balance has been doing is taking away from us. Taking away from the campers and recreationists who have enjoyed this park for hundreds of years. Let’s restore balance. The park is 3,600 acres. Balance would be 3,600 acres cut in half, 1800 acres for camping and recreation and the other 1800 acres for flora, fauna, snowy plovers, and wind protection. We are willing to work with State Parks and anybody and everybody. We want to protect the park as well as meet all of our needs.”
Ultimately, the Coastal Commission didn’t take any official action during the hearing, but will revisit the issue. State Parks said they will continue to try to meet permit requirements.
