By DOTTY NIST
Issues raised by the state Department of Environment Protection (DEP) regarding a retaining wall constructed by the Edgewater Beach Owners Association (EBOA) have been resolved through a settlement agreement.
The agreement, termed a consent order, was executed on Dec. 2, according to Brandy Smith, external affairs manager for DEP’s Northwest District.
The agreement was signed by Suzanne Harris, EBOA president.
The wall project had been constructed on the west side of the Miramar Beach-area beachfront condominium, bordering a small lake, for the stated purpose of preventing the collapse of the building’s cooling towers. EBOA had not obtained a state permit but had maintained that the project had been authorized through a state emergency order issued after the spring 2014 flooding event in Walton County.
However, in September DEP notified the condominium association that a state permit would have been required for the wall as constructed.
According to the consent order, “The Department finds that the Respondent (EBOA) dredged and filled without a valid permit.” The order also classified the lake within which fill material was placed as a Class III water body of the state, resulting in a requirement for water quality criteria to protect fish consumption, recreation, and maintenance of healthy fish and wildlife populations.
Per the terms of the order, EBOA is to make a $2,670 payment to DEP, $2,000 of which is apportioned for violation of Rule 62-330.020(2)(a) of the Florida Administrative Code, which requires a state permit to be obtained “prior to the construction, alteration, operation, maintenance, removal, or abandonment of any new project that, by itself or in combination with an activity conducted after [October 1, 2013], cumulatively results in any of the following: (a) Any project in, on, or over wetlands or other surface waters…”
Also, $250 of the payment is to be used to defray DEP’s cost and expenses in connection with its investigation and preparation/tracking of the consent order. A $420 apportionment is in connection with “the economic benefit Respondent received by not obtaining the necessary permit.”
In addition to the payment, EBOA will be required to obtain a professional calculation of the volume of water that was eliminated from the lake as a result of the wall construction and, within 30 days, propose a project to offset this loss of water capacity.
It is noted that violation of the terms of the order may result in “judicial imposition of damages, civil penalties of up to $10,000 per day per violation and criminal penalties.”
Affected parties have 21 days in which to petition for an administrative hearing on the consent order.
While the consent order resolves issues raised by DEP in connection with the project, an alleged violation of the Walton County Land Development Code related to the project remains unresolved.
Following up on a complaint filed by Scott Brannon, a former Walton County commissioner, the Walton County Code Enforcement Department issued EBOA a notice of violation on Sept. 9. The alleged violation is related to the county’s White Sand Ordinance, which applies to the area south of Scenic Gulf Drive and CR-30A and prohibits the use of “construction material that is subject to wind or water transport, and that permanently discolors the white beach sands.” The allegation is that “discolored material” was brought onto the property during the construction of the project.
The time frame for removal of sand not meeting code requirements was extended pending DEP’s investigation and one being conducted, according to Mara Burger, DEP spokeswoman, by the U.S. Army Corps of Engineers (ACOE).
ACOE did not respond by press time to an inquiry requesting the status of their investigation.
Walton County Code Enforcement attempts to get parties charged with code violations to correct those alleged violations. If this does not take place, the parties are notified to appear before the Walton County Code Enforcement Board.
Mark Davis, Walton County attorney, commented that a Code Enforcement Board hearing on the county code case would most likely be scheduled for January.
