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M . Dara Metta comments regarding the beach area. <br /> Chairman Fitzsimmons.states that the Commission has heard both sides of the argument and will <br /> consider and comment with due cause. <br /> Mr. David Pinchin commented about the non-compliance and lank of beach nourishment from <br /> Tidewatch and how it has affected his own beach nourishment obligation. Chairman Fitzsimmons tells <br /> Mr. Pinchin that the beach nourishment is a separate issue and is the net item to be discussed. <br /> Chairman Fitzsimmons states that the second aspect of the meeting is in regards to the Tidewatch <br /> memo submitted and what they are proposing to do about beach nourishment. AttorneyFogel says <br /> that the merino gra prepared by an engineer and a coastal geologist. <br /> Attorney Fuel states that the material that was received August 1't was a summary of research that <br /> Don Monroe had done by checking online and checking turn files of the history of the order of <br /> Conditions for Tidewatch property. He says than Robert Sherman had taken some actions to defer <br /> nourishment. In 1998, Norman Hayes from BSC Group and Robert Sherman issued a .memo that. <br /> stated they had determined that nourishment would be deferred temporarily awaiting a regional <br /> nourishment plan. The amount that was put in to the earliest orders of Conditions of 1 oocy have <br /> been scaled back at that point of time. Attorney Fogel states that it caused them to go back and <br /> evaluate where the number 1500 cubic yards carne from in the fiat place because they can't find it <br /> anywhere in any of the records. The length of revetment is approximately 540 feet and.Attorney Fogel <br /> explains a formula that was used based on erosion rates CM data)that go back more than 125 years <br /> show an erosion rate of approximately one foot a year of the coastal bank. The second memo that was <br /> submitted calculates replacement nourishment for the revetment to 360cy a year. Attorney Fogel <br /> states that 1500 cy is close to four times what would be the accurate number and even tallying about <br /> doing the 49 catch-up". The second point is after the revetment at Tidewatch was expanded through a <br /> prior order-of Conditions, there was another Nol filed about 1-1 1/yr ago for Tidewatch to plaice the <br /> beach nourishment on the lower part of the revetment. The plan for that shows it going out below the <br /> average high tide line and mean high water which would have triggered, because of the volume of Igo <br /> cy in a tidal storm zone, a requirement for a Chapter 91 permit and Army Corp Group; the Chapter 91 <br /> has been obtained to place the sand that far down but the Arany Corp approval has not yet been <br /> obtained so as a technicality, Tidewatch does not have all of the permits needed to place sand below <br /> the average high tide line. Chairman Fitzsimmons asks if there has been a request for these permit <br /> and Attorney Fogel does not believe that the filing has yet been made with the Arany Corp. Mr. Monroe <br /> states that the Water Quality Cert and Array Corp Cert have been applied for but not finalized. Agent <br /> McManus asks what the time line was for the applications and Mr. Monroe states that it was shortly <br /> after the Chapter 91 license was issued which was approxi mately August,2911 so it is approxi mate ly 10 <br /> months ago. Attorney Fogel_states that they are moving towards a consideration of submitting <br /> something that will propose, through an Amended order for the order than was issued a year and a half <br /> ago, that will substantiate that the right number is closer to 360cy 360cwhich fits the revetment and not <br /> going below the high tide line. Attorney Fogel says that the lesser volume on the revetment would not <br /> require going through the Arany Corp jurisdiction and would be able to be done immediately. Another <br /> proposal to the Amendment would be a "catch-up" volume which would consist of an additional g- <br /> cy at a different time of year. Attorney Fogel states that his engineer and coastal geologist agrees <br /> that once the sand goes into the ocean from the revetment, it probably goes off shore; so if you were to <br /> put it on the beach at Bayswater, at their bank behind the timbers, it will make the beach expand and <br /> move east in front of the toe stones and revetment at Tidewatch. The attorney is asking for allowance <br /> to finish the analysis and bring-the proposal for a request to amend the order of Conditions. Agent <br /> McManus says his only comment i , and not to discredit the analysis that was done for beach <br /> nourishment and the effect it would have on rare species habitat, because of the circumstances, the <br /> Commission would be advised to tale advantage of 44-53G and hire.ars outside neutral consultant to <br /> make a determination of what amount of sand and the rare species habitat. Attorney Fogel states that <br /> the memo says there is rare species habitant off shore. Attorney Fogel states that they are not saying <br /> S <br />