WEST END NOURISHMENT PROJECT

A. The Town of Dauphin Island has been working closely with the US Army Corp of Engineers (USACE) to enter into a Memorandum of Agreement (MOA). This MOA will include a mechanism in which Dauphin Island can receive sediments that are dredged by the USACE. The MOA is being pursued to address long-term sustainability of several project sites including, but not limited to, the West End, East End, Graveline Bay, Aloe Bay, and Little Dauphin Island. Once the Town secures a programmatic permit and funding is available, these USACE dredge events can be beneficially utilized to place sediments on appropriate project sites dependent on sediment types and volumes.

A. This project will create what FEMA considers to be an ”engineered” beach, which is eligible for disaster assistance funding in the wake of major storms. This means that the nourished, engineered, monitored beach will be eligible for funding (cost-share) for future renourishments, ensuring that the Town of Dauphin Island can maintain the wide sandy beach and prevent erosion from threatening private property and built infrastructure.

The Town of Dauphin Island secured funding from the National Fish and Wildlife Foundation’sGulf Environmental Benefit Fund (NFWFGEBF) and the Gulf of Mexico Energy Security Act (GOMESA) to conduct full engineering and design to nourish the beach anddunes along the West End of the island.This projectwas identified as a priority inthe US Army Corps of Engineers (USACE) Final Alabama Barrier Island Restoration Assessment Report, 2020. Without this project, erosion will continue. To create an engineered beach under the Alabama Beach Act, the project must establish a designated mean high tide line (MHTL). The designated MHTL establishes the separation between private and public property in perpetuity –even if more erosion occurs in the future. Without this project,Dauphin Islandwill continueto lose land to the Gulf of Mexico – and by law, submerged land is owned by the State of Alabama and held in trust for the benefit of the public. An engineered beach constructed through the Beach Actwill allow the Town of Dauphin Island to seek additional funding through FEMA. The Town will hold responsibility of maintaining the renourished beach. Engineered beaches in Alabama already exist in Gulf Shores and Orange Beach, as well as now along the East End of Dauphin Island.

A. It is the responsibility under this Act for the Town of Dauphin Island toprovide the following information to apply for the beach renourishment project: 1. A detailed description of the location, dimensions, and design features of the proposed beach project. 2. The location of the designated MHTL and project limits (landward and seaward extent of the proposed beach project) relative to the designated MHTL and the construction control line. This must be presented and adoptedthrough a public hearing. 3. Adequate engineering, geological or other scientific data concerning shoreline topography, stability, and potential impacts. 4. A description of the quantities of sand needed from public water bottoms of the State of Alabama. 5. Any other supporting information reasonably required to evaluate the design. Once the Alabama Department of Conservation and Natural Resources (ADCNR) has obtained a complete application and the Town has adopted the locations of the designated MHTL and project limits, the ADCNR Commissioner,in conjunction with the Alabama Department of Environmental Management (ADEM),will schedule and conduct a public hearingabout the proposed beach project. If all of these requirements are satisfied and all required permits are obtained (e.g., USACE Individual permit), the Commissioner may issue a permit for the proposed beach project which shall constitute a ratification and confirmation on behalf of the State regarding the location of the MHTL as identified in the application for the proposed beach project. Upon issuance of the Alabama beach renourishment permit, the Town of Dauphin Islandwill record the designated MHTLwith the office of probate in Mobile County. (Act 2000-676, p. 1365, §1.)

A. The natural mean high tide line is the boundary between state owned submerged lands and upland property owners along tidal waters. Typically, this is the line that gets wet during the course of an average day. The designated mean high tide line is set by the state prior to an engineered beach project to as the separation between private property (landward of the line) and state-owned property (seaward of the line).

A. All property lying seaward (south) of the NATURAL mean high tide line, as it stands today, is owned by the State of Alabama.

As dictated by Alabama State law, the state can DESIGNATE a mean high tide line. The State will recommend a Designated Mean High Tide Line based on science and engineering knowledge of the geomorphological processes of barrier islands.The State Law process for establishing the recommended Designated Mean High Tide Line requires the Town of Dauphin Island to hold a public hearing and then adopt the recommended Designated Mean High Tide Line.The State of Alabama will then also hold a public hearing.After these public hearings, the Designated Mean High Tide Line will be recorded with the Mobile County Probate Office and Secretary of State.All property lying seaward (south) of the Designated Mean High Tide Line is owned by the State of Alabama.

A. Having a Designated Mean High Tide Line establishes an ‘engineered’ beach which would then become FEMA-claim eligible after major storms. This would mean that the nourished engineered beach can receive funding for future renourishment events.

A. This will depend on the resulting size of your parcel and the location of any permanent maintenance easement. In order for any parcel to be buildable, it must meet certain minimum lot size and front, rear, and side setback requirements, and only certain types of structures (i.e., dune crossover, pier, etc.) may be built within the permanent easement area.

A. Yes, private landholders will still have their riparian rights to access the beach and water.

A. This will depend on the resulting size of your parcel and the location of any permanent maintenance easement. In order for any parcel to be buildable, it must meet certain minimum lot size and front, rear, and side setback requirements, and only certain types of structures (i.e., dune crossover, pier, etc.) may be built within the permanent easement area.

A. This will depend on the resulting size of your parcel and the location of any permanent maintenance easement. In order for any parcel to be buildable, it must meet certain minimum lot size and front, rear, and side setback requirements, and only certain types of structures (i.e., dune crossover, pier, etc.) may be built within the permanent easement area.

A. There are several factors that were considered in setting the proposed designated MHTL. Our team’s understanding of coastal processes of our barrier island were critical for setting this line including the location of the natural mean high tide line and the major northerly barrier island rollover migration we have experienced due to decades of major hurricanes (e.g. the 1915-1930s and 1995-2005).The proposed designated MHTL will ensure resilience of the project to coastal processes into the future. Second, the establishment of the designated MHTL comes with maintenance responsibilities for the Town of Dauphin Island. This must be considered, as maintenance of the project comes with high costs. Third, the Town has been working collaboratively with ADCNR to ensure we meet all of their stipulations per the Alabama Beach Act. Specifically, these factors were considered and resulted in the following criteria being set for determining placement of the proposed designated MHTL. Eastern section of the project - East West- designated MHTL begins at the eastern limits of the project boundary and runs west, to a line extended south from the western boundary of 2625 Bienville Blvd. North-South- designated MHTL is positioned no less than 10’ seaward of the north boundary of the POA West Surf Beach, or 10’ seaward of the natural mean high tide line, whichever is further seaward. Middle section of the project - From the western end of the MHTL in Project Section One, extend the MHTL to a point 10’ seaward of the structure at 101 Seneca Ct, then run west to a point 10’ seaward of the structure at 100 Shell Ct, then west to a point 10’ seaward of the structure at 103 Vargas Ct, then west to a point 10’ seaward of the structure at 104 Westward Ho Ct, then west to a point 10’ seaward of the structure at 2941 Bienville Blvd, then to a line extended south from the western property line of 2941 Bienville Blvd. The entire line in this section should also be at least 10’ seaward of the natural high tide line. Western section of the project - From the western extent of the designated MHTL in section two, extend west while staying seaward of the property boundaries for the Town of DI West End Park, then to the western extent of the project.

A. State law requires the designation of a MHTL before a beach nourishment project can be constructed. This project simply could not move forward without a designated MHTL. Once completed, this project will create what FEMA considers to be an “engineered” beach, which is eligible for disaster assistance funding in the wake of major storms and other declared disasters. This means that the nourished, engineered, monitored beach will be eligible for funding for future renourishments, ensuring that the Town of Dauphin Islandcan maintain the wide sandy beach and prevent erosion from threatening private property and built infrastructure.

A. Yes, private landholders will still retain all riparian rights and privileges of access as prior to the project.

A. Yes, as long as the structure does not unreasonably interfere with the use or purpose of any necessary and/or required easements, and the proposed construction is in compliance with applicable Town Ordinances.

A. All submerged land seaward of the NATURAL mean high tide line, as it stands today, is owned by the State of Alabama by operation of State law. If sand accretes naturally onto submerged properties, those properties would be restored to private landowners. However, according to geomorphologic processes understood by engineers, there is very little chance that sand will come back naturally to the west end of Dauphin Island. This project is a once-in-a-lifetime chance to restore sand to this part of the island.

A. No. The establishment of the designated MHTL will onlyaffirm the State’s ownership of submerged land seaward of the line that mother nature has already claimed. In other words, the State already owns all submerged land by operation of law – the establishment of the designated MHTL will only document an exact boundary of what the State does and does not own for purposes of having accurate land records.

A. It has long been held by courts that the State of Alabama has title to submerged lands in navigable waters. This is even true for land that was once private upland property but became submerged due to natural avulsion, such as a hurricane. Following an avulsion event, the property owner has 5 years to apply to the State for permission to perform reclamation activities. Ala. Admin. Code r. 220-4-.09(4)(b)(5). If the land is not reclaimed through a State-approved reclamation project within 5 years of the avulsion event, title to the submerged lands becomes fully vested in the State. However, unless such natural transfer of land from private ownership to the State is documented in some manner (e.g., quiet title action by State, recording of State-confirmed mean high tide line), the County Revenue Commissioner has no way of knowing that ownership of the property (or a portion thereof) has changed. If the private property owner does not inform the Revenue Commissioner that the boundaries of its property have changed due to natural avulsion, the Revenue Commissioner will continue assessing the property against the owner “of record.” Payment of taxes assessed against submerged property does not, however, give the taxpayer any rights or title to the submerged land.

A. A construction easement may be required for certain parcels to allow the placement of sand and/or dune structures on private property. Typically, the easement area does not cover the entire lot. Property owners who grant a construction easement will continue to own the property, but the Town would have certain rights to construct and maintain the project in the easement area.

A. It conveys to theTown of Dauphin Islandthe right to access the Easement area to build, monitor, and maintain the project in perpetuity.

A. The Construction Control Line is a regulatory boundary independently established in the Alabama Code and administered by ADEM as part of the Alabama Coastal Area Management Program (ACAMP). Use of property in this area is already limited by ACAMP. All rights of access or riparian rights remain.

A. Constructions easements will only be for private properties landward of the designated mean high tide line affected by the project. We hope that the private landholders will understand the importance of a whole and resilient project and that they are receiving sand with this easement. Within the footprint of the designed project, we would like 100% participation or the project design would be compromised. If an individual easement is not signed, no sand will be put on your property which will leave a deficit of sand on your property. For the POA West Surf Beach properties, the POA membership has to vote yes to sign the easement because of the position of that property. Without this yes-vote the project will not be able to move forward and we will very likely never get this opportunity again.

A. The Town of Dauphin Island will monitor the project and survey impacts as they occur.

A. Monitoring will be ongoing, and notice will not be provided. The majority of monitoring activities will take place seaward of the designated MHTL. No routine monitoring activities will take place landward of the project area.

A. After the project is completed, the Town of Dauphin Islandwill be responsible for future maintenance activities on the engineered beach. In the case of a FEMA-eligible event, any renourishment activities will be subject to review by FEMA.

A. The normal permitting process for the US Army Corps of Engineers and public notice requirements would apply. Any project would be announced at Council meetings. Also, when a permit is required, the US Army Corps of Engineerswill advertise a public notice in the local newspaper.

A. Property owners have the right to use their private property in their easement area as long as the use does not unreasonably interfere with the purpose of the easement. The easement will allow for access for construction, monitoring, and maintenance activities.

A. People will be able to traverse on the State-owned land (i.e., seaward of the designated MHTL) and use that beach area.

A. The public can only access the State-owned beach through public access points, i.e, water or the west end beach, and Town road easements by foot or by permitted vehicle.

A. Managed access can take many forms. Signage will be used to inform people to remain off of the dunes. Property owners will collectively be encouraged to build dune walkovers to access the beach from their private property. They will need to use plans for these walkovers approved by the Town’splanning commission. There will be sand fencing installed that also acts as a deterrent for access and to help form and maintain dunes.

A: The primary goals are to restore beach and dune habitat along the Gulf of Mexico beaches and protect West End infrastructure with beach nourishment, sand dunes, and vegetation. Secondary goals include: introducing beach sands back into the littoral drift of the northern Gulf of Mexico barrier islands to restore the mainland protective functionality of our barrier island system; and improve West End beach and dune habitat including Gulf-front foraging and nesting habitats for seabirds, shorebirds, neotropical migratory birds, and sea turtles.

A.  It is designed to restore a healthy, functioning sand dune and beach south of the houses. Historically, there was such a beach and dune system just south of the houses (in the 1950s through the 1990s). The dune is designed to reduce island overwash and property damage in major hurricanes. The beach south of the dune is designed to protect the dune until the major hurricanes.

A. Yes. The design team will provide regular updates with the conceptual design and major design milestones at 30% and 90% design.  These will be provided through the Town website and at individual requests.

A.  The current design has varying widths of beach from 170’ to 590’ (this wider value is in the Town’s West Beach Park). Generally, south of the houses, the new beach will be about 200’ to 300’ wider than today’s beach. The new project will restore 40 acres of dune habitat and about 200 acres of beach habitat over a 3.5 mile stretch of the west end.

A. The final position of the sand dune has not been determined and is under discussion with the design team considering the funding available.  These discussions can and will continue during the design process and in discussion with landholders. Historically, the natural sand dunes along the West End were just south of the houses on private property. The resilience and longevity of the project will be improved the farther north the dune is constructed.

A.  Per the dune overlay district of the Town of Dauphin Island and associated ADEM regulations, dune walkovers will be required for access to the beach. This is much like most American beachfront communities. The purpose of any dune walkover is to protect the sand dune, including its vegetation, from the degrading effects of foot traffic.

A. No (with one exception discussed at the end of this paragraph). The sandy beach and dune system which existed south of the houses in the 1990’s is permanently gone along most of the West End. Our detailed understanding of the West End beaches extends back to the 1850s. The West End historically has experienced major northerly barrier island rollover migration due to decades of major hurricanes (e.g. the 1915-1930s and 1995-2005). Shoreline recession rates were likely 200-300 feet in the 1915-1930’s time frame due to a series of major hurricanes. The shoreline recession from 1957 to 2022 averaged 260 feet along the West End beaches due to the major hurricanes between 1995 and 2005. There has been no significant natural shoreline accretion along the West End beaches in the past century. The exception are the beaches east of Quebec Ct. They are accreting now due to the collapse of Pelican Island onto Dauphin Island that began in 2008. This project has been designed to take advantage of that ongoing geological phenomenon.

A. Federal funding will not pay for the restoration of private properties.

A. Other opportunities could include GOMESA grants, Congressional Appropriations, local funding, etc. The Town is actively pursuing all options to fund the entire designed project.

A. While it is the intention of the Town to construct the entire project, there are constraints with funding opportunities and with the amount of funding required. The Town will make every effort to fund the entire project.

A. Disruption on any part of the beach will only be in small sections at a time. Pumping the sand should take less than two months, and heavy machinery will rework this sand for a few additional weeks in small sections at a time. Exact timing is difficult to pinpoint right now and will depend largely on the contractor, as well as timing for nesting wildlife species. Pre-construction activities will include discussions with the contractor to develop a construction process with a more precise timeline, which will then be provided to all adjacent landowners.

A. Heavy equipment will be transported to the island by truck or barge and stored in an approved staging area. Contractors will only need to access private property to mobilize equipment for construction activities within the agreed upon limits of the easements. The contractors will not need to move equipment through driveways or under houses.

A. Final design and construction will be conducted in coordination with ecologists specializing in native beach vegetation. Contractors will mark healthy vegetation to be avoided by heavy equipment. Sand may be placed in the vicinity of healthy vegetation if ecology consultants verify that the plants can survive or be replaced. This project does include the planting of new, native beach vegetation.

A. The sand for this project will be dredged from a locationabout 4 miles offshore in State waters, in the Sand Island Beneficial Use Area. No pits will be dug on the island for this project. The sand in this borrow area closely matches the native beach sand in both color and grain size. In other words, it will look and feel just like the sand already existing on the West End.

A. No, the beach nourishment project should not cause erosion.

A. The constructed beach width will vary along much of the project length but should widen the beach some 200+/- feet after construction. Note that this widened beach will quickly begin to erode. Some sand will move offshore (south), and some will move down the beach (to the west). This natural equilibrium process is expected, but difficult to quantify. The biggest changes will occur in the weeks and months immediately after construction.