The harbor column
Terry Phillips
Anyway you slice it, committing a crime is wrong. Whether it’s stealing
candy or robbing a bank, different levels of punishment are administered
when caught.
However, there are times when the punishment is out of balance with the
crime. It’s supposed to come down to some kind of vindication or resolve
afforded victims of crime isn’t it?
We all know this is often not the case. We must first distinguish the
difference between the victim and the perpetrator, and this can be
difficult as it all depends on what side you choose to align yourself
with.
There are several residents of Newport Beach who are experiencing this
problem. Are they perpetrators, living daily with the premeditated
thought of harming others? Or are they victims being punished for
something they didn’t cause, create or deserve?
Gary and Cheryl Shepherd live on Newport Island. The question is, are
they perpetrators or victims?
They purchased their house because it has a boat dock to accommodate
their Skipjack-26. Their gangway extends approximately 10 feet from the bulkhead and sits atop their dock. Two pilings hold the dock in place
that is of course until there’s a low tide.
When the tide is low, their dock sits on top of sand, sludge, beer cans
and just about everything else that flows into our harbor as a result of
rain run off. As the dock bangs up and down on this buildup of sand at
low tide, the pilings and supports break under all the twisting.
However, there is a simple solution. All that is needed to resolve this
minor dilemma is to simply dredge the years of sludge buildup, a process
that would take approximately one-half hour.
So what’s the problem? The problem is you have to get a permit from the
California Coastal Commission. Because there is eelgrass growing under
the Shepherd’s dock, even if the commission granted them a permit to
dredge, they would have to agree to transplant the grass.
“OK, we’ll transplant the grass so give us the permit,” Shepherd said to
the commission.
It’s just not that easy, according to the Coastal Commission, as it also
requires environmental impact reports; marine life impact studies;
inspections; layouts and designs; underwater topography surveys; forms
filled out; permits; applications; postings; hearings; and of course, the
permit fee.
Folks, we’re talking about dredging sludge here! An area of approximately
20 feet by 3 feet and 1-foot deep -- smelly sludge, old diaper’s, tin
cans and other junk that flows into our pleasure pond. The Shepherds are
not killing dolphins, harpooning whales or dumping sewage into the bay;
they’re just tired of those costly repairs because of what’s been dropped
off in back of their house.
How would you feel if you came home and found 10 yards of dirt and crud
that someone else had dumped in front of your house? You start to remove
it and some bureaucrat says, “Oh no, you can’t remove it until we get a
fee and studies are completed.”
This is precisely what’s happening. I’m certainly not opposed to a
government agency overseeing an action that could cause harm to our
harbor. But the Shepherds are trying to clean it up -- not damage it!
Even after you file the appropriate applications, the commission is in no
hurry to review the issue. It takes weeks and months before the
application is even acknowledged.
* TERRANCE PHILLIPS is the Daily Pilot’s boating writer. You can leave a
message for him at (949) 642-6086 or via e-mail at dailypilot@latimes.com
.
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