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<br />Motion made, seconded and unanimously carried to approve the clearance <br /> <br />5) Bayswater (request to replace boulders in area adjacent to stone steps off revetment) <br />The agent explains that there were some boulders that slid down the bank and Bayswater would like to <br />place them back to their original position. The agent states that Attorney Fogel submitted a letter <br />claiming the boulders were never there but the agent was at the site with Ms. Marden and he viewed <br />some photos that she had brought of the area. The agent states that it appears there were boulders in <br />that location. The agent says that Ms. Marden had stated the presence of the boulders in the area <br />helps to prevent undermining of the stairway and recommends leaving them in place as they are. <br /> <br />Joe Colasuonno states that they will retract their request and follow the enforcement order as it is <br />written. <br /> <br />Attorney Fogel states for the record that he had indicated in the letter that the boulders had always <br />been there but the request from Bayswater was to move them. Mr. Fogel says that his email and <br />photos were to indicate that the boulders are right where they had been before the project was started <br />and that he was confused as to what had moved. <br /> <br />Timothy Shea states that some of the boulders are okay but a few of them were brought in. Agent <br />McManus recommends that the boulders remain to protect the stairs and he can suggest an <br />amendment to the plans to reflect the additional boulders. <br /> <br />6) Tidewatch: Beach Nourishment <br />Agent McManus explains the history of Orders 43-1166 and the years of missing nourishment of <br />Tidewatch. The result of 19 years of nourishment owed by Tidewatch equals 28,500 cubic yards owed. <br />Tidewatch has submitted load slips from EZ DOZE IT from 2004 to 2005 that add up to 4,152 cubic <br />yards that had been delivered. The agent recommends the Commission to credit the amount of 4,152 <br />from 28,500 cubic yards which leaves a balance of 24,348 cubic yards currently owed. The agent <br />states there were other issues brought up in regards to past amounts owed from Tidewatch that they <br />would like credited as well; one is a memo from former Conservation Agent, Bob Sherman regarding a <br />“Cease and Desist of Beach Nourishment”. Agent McManus states that the memo is not an official <br />document as he did not find anything in any of the minutes, nor any administrative requests, amended <br />orders or any other sort of official documentation that would have been signed by the Commission and <br />should not be considered as any type of credit request. The agent says there was also additional <br />documentation that was cited in the analysis of beach nourishment history of Tidewatch from Michael <br />Groetske and Associates from the years of 1998 to 2000. The letter from Mr. Groetske indicates yearly <br />amounts being placed; in 1998, 1000 cubic yards was placed at Tidewatch; In 1999, 200 cubic yards <br />was placed at the western end of the revetment; and in 2000, 500 cubic yards was placed in January at <br />the western end of the revetment with an additional 1000 cubic yards to be placed before April 15, <br />2000. The agent states that there are no copies of any load slips, no documentation of notification to <br />the Commission and no beach profiling for any of the claimed amounts from 1998 to 2000. The agent <br />recommends that in the absence of that information that these should not count towards a credit. The <br />agent states that there is quote from EZ DOZE IT in the years of 2004 and 2005 to Tidewatch <br />proposing to place 4,056 cubic yards of clean sand and a construction access. The original load slips <br />for Tidewatch from EZ DOZE IT during the period of December 16, 2004 to March 28, 2005 shows a <br />delivery of 5,242 cubic yards. Agent McManus states the load slips that he has in the file only add up <br />to 4,152 cubic yards. The agent states the amount still stands that is owed, with the credit of 4,152 <br />yards is 24,348 cubic yards. <br /> <br />Attorney Fogel states that there is one document from EZ DOZE IT with a range of 5,000 and delivery <br />slips for 4,152. There is documentation from 1998 to 2000 of amounts 1,000, 200 and 500 which are <br />also in the notes from Mr. Sherman and Mr. Fogel states there should be no reason to reject those. <br />Attorney Fogel says that Tidewatch thinks it is unreasonable and should apply credits to Tidewatch <br />since the Commission has been waiving beach nourishment obligations for properties west for no <br /> 3 <br /> <br />