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plan and he states that it doesn't make a difference at this pont because it is a little late in the game. <br /> Attorney Mill I says that it is a little late as well for Tidewatch as there was not an appeal{f1led and h <br /> states that he feels it is irregular that they are going through this process again. <br /> Chairman Fitzsimmons mon asks Kirk Bosma if he agrees with the rubber spacers. Mr. Bo ma explains the <br /> design from the binning and how it started with an eroding bark. Mr. Boma states on the last page <br /> of the plans are a lot of maintenance notes. The pile spacing is two rows and the intent was to net <br /> have sand slough through it immediately; the plan was when wave energy got in thea, it would supply <br /> sediment to the beach so the actual spacing of piles was a big consideration in the design. Mr. Bo ma <br /> states that the intention was " on center which they provided a memo that shows the geometry of that <br /> measurement- it leaves a 1" pace. Mr. Gurnee says that he is more concerned about the pile in <br /> about year as they could settle right up against each other unless something is done. Mr. Bo ma says <br /> he personally does not have any issue with spacers being installed. Mr. Bo ma states that in terms of <br /> the cover of the sand; post construction was intended to cover pales and it did but the sand was not <br /> meant to be there forever as it is the same as beach nourishing. Mr. Bo ma says that the rocks were <br /> surveyed: they were there and he says that pictures that were taken in 2006 are not representing what <br /> was out there. The rocks extended approximately 30' down the bank and Mr. Bo res states than i <br /> what is out there now. He says during construction the contractor took a lot of stone and put them out <br /> in front of the.water temporarily to provide a wave block so they could put the filter fabric into the <br /> envelopes. Mr. Bosnia states he knows the rocks were there although they hadn't even intended to <br /> have rocks as part of the design but they were out there and put back where they were found. <br /> Attorney Fogel states that the photo from 2010 shows boulders extending approximately 3-0 . The <br /> excavation had exposed those boulders which were probably placed there to stabilize the eroding <br /> corner but thea the designed plan shows replacement of approximately '. Attorney Fogel says that <br /> Mr. Monroe has a surveyed plea that Tidewatch did last year that shows the rocks extending to <br /> approximately '. Attorney Fogel says that basically they were found at 30'; composed at g' as if that <br /> was to replace where they care from - which is really taking a double layer and moving there placed <br /> apart; and the actual construction, which was tripled. So at a minimum, Tidewatch would suggest that if <br /> the evidence shows there were 3 ',of boulder and the approval for the language on the plan than shows <br /> there being replaced where they existed; they would ask that the Commission direct Bayswater to put <br /> them back to,30'. Mr. Gurnee states that the plan is vague because on one note it says "to be <br /> replaced" and another note says "to be replaced as indicated Y2 which shows them differently. Mr. <br /> Monroe says that they had their land surveyor locate and do an ening conditions plan as to what i <br /> out there right now which is ghat the plan presented tonight shows; approximately g ' of rock. Vice <br /> Chairman Shaw asks how the boulders contribute to the function of the design and Attorney Fogel <br /> states that the boulders, placed where they are, violate the performance standards by accelerating <br /> erosion and by creating wave disruption instead of the waves washing through the timbers. Attorney <br /> Fogel did not see anything stated in the NI that would say the rocks serves an engineering value <br /> other than creating a wall. Attorney Fogel suggests taking at least ' of there bank. If New Beabury <br /> would like to place them in the corner, which they had talked about previously, it would need additional <br /> approval by the Commission. Attorney Fogel states that to the extent they were not a party that <br /> appealed the order but if the Commission were to give their final sign-off and Amended Certificate of <br /> Compliance for something that did not meet the performance standards; he was asked, as an attorney, <br /> to evaluate what Tidewatch's rights would be to ask the Superior Court to enforce the Wetlands Act a <br /> a separate matter. Thea is a provision in the wetlands Protection Act that allows a party who i <br /> aggrieved b a violation to et remedy from the court. <br /> gg g y <br /> Bruce o terhoudt states that Agent McManus had stated he measured the boulders and the boulders <br /> conformed to the plan. Mr. Gurnee states that the plan is how you interpret it and Mr. oterhoudt <br /> states that the plan shows exactly where they will be once completed. Mr. Gurnee states that the plan <br /> is vague and the dated picture than was submitted shows rocks to be approximately 30'. Attorney Fogel <br /> states that the agent did say go' but the plan shows ' and that's ghat the problem i . Mr. Monroe <br /> states that he doesn't understand how the Commission is reading 90' on the plan when the scale states <br /> 111=30'. <br /> 7 <br />