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that followed the.issuance of the Order of Conditions. The agent states that Tidewatch had submitted <br /> photos showing excavated areas of the bank without any boulders but he was personally out at the site <br /> and saw the boulders himself. The agent 'says that they have documented pictures showing the <br /> boulders. Tidewath' .latet demands has derailed the entire process of reaching some kind of <br /> agreement so now the agent's re ommehdation is to send out concurrent enforcement.orders; New <br /> Seabury is to remove the filter fabric and the 2 x.4's; Tidewatch will need to Mart their nourishment <br /> immediately considering access agreements and when they pan get equipment on to the beach to do <br /> the grading. Agent McManus recommends that the Commission focus on only the violations. of the <br /> Order of Conditions being which is the filter fabric and 2 x 4's and Tidewatch's "non" noun hment for <br /> the past 10-12 years., <br /> Agent McManus spoke to Steve McKenna from Coastal Zone Management and gave hire the scenario <br /> specifics.' Mr. McKenna' -response was that he did not see any purpose in continuing to nourish the <br /> lower half of the seawall and to seek out a "feeder" beach to nourish which in turn would feed other <br /> beaches down coast. Agent McManus anu states that he is not sure if the Commission has the authority to <br /> tell an applicant under an existing ting perrm'it.that they have to transfer the nourishment to another location <br /> but he will consult with Town Counsel on the subject. if not, then Tidewatch will be responsible for- <br /> putting <br /> orputting down nourishment on their own property as per their order of Conditions. The other option is to <br /> require Tidewatch to hire an outside consultant to examine the seawall and find out if nourishment i <br /> Mall warranted or beneficial to the seawall or if it needs to go elsewhere. Agent McManus states that <br /> they should.check into Colony villas nourishment obligation because the wall extends in front of their <br /> property as well. The agent will also check with Town Counsel to'see how Tidewater can be <br /> approached to try to get therm caught up on their beach nourishment while maihtaining beach <br /> nourishment moving forward. The best solution would be to contribute their beach nourishment to an <br /> existing beach to serve the best purpose. Agent McManus states that Tidewatch had said they have <br /> conducted previous beach nourishment activities but he will only go by what is on file with Conorn <br /> which there has been no profile information provided since 1998. <br /> Chairman Fitzsimmons asks Mr. Cola uonno where the rocks were to be placed that was agreed upon <br /> on the last meeting and Mr..Colasuonno states that they were going-to keep ' of the existing rock and <br /> place the remainder on the eastern end of the wall in the corner but now Tidewatch is not agreeing with <br /> that and would like all of the boulder .removed. Agent McManus states that the appeal period came <br /> and went so Tidewatch can battle it in a different form as everything was legally permitted except the <br /> filter fabric and 2 x 4'swhich is currently be corrected. The agent asks the Commission if they would <br /> like to make a ruling now on whether-or not Tidewatch should hire an-outside consultant or wait until he <br /> can consult with Town Counsel. Ir. Sweet asks if it's possible to.,reverse the erosion if sand is placed <br /> over theawall and the argent states that according to CZJ1, it is too late as the beach profile is gone. <br /> Chairman Fitzsimmons asks Mr. Cola uonno where his nourishment was planed this year and Mr. <br /> Cola uonno states that it was placed on both the land side of the wall and the water side of the gall but <br /> he says that the water side was gone in three days. <br /> Mr. Sweet asks what will happen if enforcement orders are not acted on and the agent states that <br /> enforcement orders will have a stipulated timeline and if it is not met then fines become a possibility. <br /> Motion made, seconded and unanimously carried to adjourn the meeting at 7.36 pm. [4.x.301 <br /> Respectfully pectfully ubmitted, . <br /> r <br /> Cris Carpenter <br /> Administrative.Secretary a <br /> ***All material submitted for hearings can be found on Conservation Meeting Folder YAonsoom M e i s , <br /> 5 <br />