John R
04-22-2006, 09:25 AM
WTF? I guess when one has enough money, they can get their attorney's to bend the law any way they want, or just ignore it? This should get interesting. Damn the law, damn the turtles, damn the environment... Seawall redux?
From the Walton Sun 4/22/06
Homeowners to install geotubes — with or without FDEP permits
BY RACHEL KYLER SUN REPORTER
The homeowners association at The Retreat in South Walton will install geotubes along the coastline, even if governmental agencies don’t supply the permits.
“We will proceed unless the agencies take action to stop us from protecting and restoring our dune. We will proceed with the installation of the project as soon as that material is received and prior to the beginning of turtle season, if at all possible, or possible with turtle monitoring provisions made of the work must be completed after turtle season begins,” states a letter to Retreat Association members signed by The Retreat Board dated April 7.
“They’re installing (the geotubes) as quickly as they reasonably can,” Eric Mead, attorney for the Retreat Homeowner’s Association, said. “They haven’t told us to stop yet.”
According to Mead, the geotubes are to serve as a foundation in an effort to rebuild dune systems that were destroyed after Hurricane Dennis. However, there have been some issues to as whether the geotubes constitute coastal armoring.
“There are no defined guidelines for dune restoration,” Mead said. “The association is simply taking back what it lost.”
“They do not have a permit at this time,” Sara Williams, Florida Department of Environmental Protection spokesperson, said.
According to Williams, the association applied for a general permit, which covers “minor activities,” such as additions and repairs. The request was denied. Under FEDP guidelines, geotubes are considered “coastal armoring.”
The group reapplied for a Coastal Construction Control Line Permit, but that has not been approved.
“We’ll review (the permit application) and make a decision,” Williams said. “If the move forward without permits they will be subject to enforcement from the department.”
Based on the county’s previously issued emergency armoring permits, Mead believes is clients are well within their rights to move forward with the project.
“They have to take action to protect their rights,” he said.
The county doesn’t want “ a bunch of Gulf Front owners making inverse ordination claims. I don’t think any taxpayer wants to foot that bill,” Mead said.
Retreat homeowner, Shawn O’Neal is afraid this will set precedent for other homeowners along the coast to think they are above the law.
“Why do you need all of these people working for the government? If the state can’t make the definition of what the law is, then who does?” he asked.
Williams said Walton County has been in a “very unique situation.” More than 200 emergency issued permits have been subject to question following Hurricane Dennis, which made landfall July 10.
“We encourage people to apply (for permits) before construction,” she added. “We respond to complaints and have filed engineers that keep an eye out. We’re particularly watching the Walton County area.”
From the Walton Sun 4/22/06
Homeowners to install geotubes — with or without FDEP permits
BY RACHEL KYLER SUN REPORTER
The homeowners association at The Retreat in South Walton will install geotubes along the coastline, even if governmental agencies don’t supply the permits.
“We will proceed unless the agencies take action to stop us from protecting and restoring our dune. We will proceed with the installation of the project as soon as that material is received and prior to the beginning of turtle season, if at all possible, or possible with turtle monitoring provisions made of the work must be completed after turtle season begins,” states a letter to Retreat Association members signed by The Retreat Board dated April 7.
“They’re installing (the geotubes) as quickly as they reasonably can,” Eric Mead, attorney for the Retreat Homeowner’s Association, said. “They haven’t told us to stop yet.”
According to Mead, the geotubes are to serve as a foundation in an effort to rebuild dune systems that were destroyed after Hurricane Dennis. However, there have been some issues to as whether the geotubes constitute coastal armoring.
“There are no defined guidelines for dune restoration,” Mead said. “The association is simply taking back what it lost.”
“They do not have a permit at this time,” Sara Williams, Florida Department of Environmental Protection spokesperson, said.
According to Williams, the association applied for a general permit, which covers “minor activities,” such as additions and repairs. The request was denied. Under FEDP guidelines, geotubes are considered “coastal armoring.”
The group reapplied for a Coastal Construction Control Line Permit, but that has not been approved.
“We’ll review (the permit application) and make a decision,” Williams said. “If the move forward without permits they will be subject to enforcement from the department.”
Based on the county’s previously issued emergency armoring permits, Mead believes is clients are well within their rights to move forward with the project.
“They have to take action to protect their rights,” he said.
The county doesn’t want “ a bunch of Gulf Front owners making inverse ordination claims. I don’t think any taxpayer wants to foot that bill,” Mead said.
Retreat homeowner, Shawn O’Neal is afraid this will set precedent for other homeowners along the coast to think they are above the law.
“Why do you need all of these people working for the government? If the state can’t make the definition of what the law is, then who does?” he asked.
Williams said Walton County has been in a “very unique situation.” More than 200 emergency issued permits have been subject to question following Hurricane Dennis, which made landfall July 10.
“We encourage people to apply (for permits) before construction,” she added. “We respond to complaints and have filed engineers that keep an eye out. We’re particularly watching the Walton County area.”