Beach contamination in Seagrove

[ecopal]

This is a picture taken today(12Dec05) of dark sand being placed on beach (in front of several homes on Montgomery Street, Seagrove Beach between Greenwood Ave. and Seagrove Villas ). This is taken with a telephoto from the Greenwood Ave. public access.

It shows a contrast between the natural white beach sand and the trucked in dark sand. The darkest sand next to the excavator was brought in today and is much darker because it probably has some moisture content. The dark sand in the foreground has been there over a month. The white sand behind the excavator was the appropriate sand brought in by Seagrove Villas to cover their seawall.

This has been an on going isssue for over a month. The county has been contacted several times yet this dumping of dark sand continues. Once this foreign sand mixes with the natural pure white beach sand the beach is contaminated forever.

Please go take a look for yourself.

[TreeFrog]

Who is having the sand trucked in?

[kurt]

What County employee have you talked to?

Has code enforcement approved a sample of the sand in question? If they have not been contacted you need to make sure that they go to the site and sample the sand. They should have been given a sample by the contractor before dumping. You need to make sure that the sample they were given and the actual sand that is dumped are the same.

[Donna]

The Walton County Commissioner for our district should be contacted about this. She will see that something is done. Her name is Cindy Meadows and she lives in South Walton. You can contact her through the Walton County Board of County Commissioners in DeFuniak Springs. I am seeing Cindy in a little more than a week, when we are at Grayton, and I will mention this to her. It always helps when an elected official has as many contacts as possible and as soon as possible, however.

[SoWalSally]

The Walton County Commissioner for our district should be contacted about this. She will see that something is done. Her name is Cindy Meadows and she lives in South Walton. You can contact her through the Walton County Board of County Commissioners in DeFuniak Springs. I am seeing Cindy in a little more than a week, when we are at Grayton, and I will mention this to her. It always helps when an elected official has as many contacts as possible and as soon as possible, however.

I bleieve that Seagrove Beach is Scott Brannon's District one.

[Smiling JOe]

I bleieve that Seagrove Beach is Scott Brannon's District one.

I think you are correct. Good luck!

Commissioner Scott Brannon
19367 U.S. Hwy 331 S Freeport, FL 32439

Tel: (850) 835-4860

Fax: (850) 835-4836

E-mail: brascott@co.walton.fl.us



Photos of your Commissioners. (I think they need to hire Kurt to take better photos. These are ridiculously terrible.)

[ecopal]

Thanks for your interest.

I have contacted the county several times over the last month. It will obviously take more than calls and emails from just me.

Go take a look and make your own judgement . They have to hear from more concerned citizens.

Below are local news media, and county and state contacts.
I have already contacted most of them plus my county commissioner.

COUNTY

Brad Pickel, TDC Director Of Beach Management,
<bpickel@beachesofsouthwalton.com>, (850) 267-1216.

Pat Blackshear, Director of Planning and Development,
<blapat@co.walton.fl.us>, (850) 267-1955.

Kevin Hargett, Code Enforcement Coordinator, Code Enforcement Office,
<harkevin@co.walton.fl.us>, (850) 622-0564.



STATE AND FEDERAL
Tony McNeal with DEP. <tony.mcneal@dep.state.fl.us> 850-921-7745.

Lorna Patrick, U.S. Fish & Wildlife Service, <lorna_patrick@fws.gov> 850-769-0552 ext.229.

Jim Martinello, DEP Enforcement & Compliance officer. <James.Martinello@dep.state.fl.us> 850-414-7772.


NEWS MEDIA

Gwen Break, Editor, The Walton Sun, <sunnews@link.freedom.com> (850)267-4555.

Dotty Nist, Reporter, The Beach Breeze, <breeze@dfsi.net>, (850) 231-0918.

Chris Mitchell: 850-832-9830 channel 13 WMBB/ABC Panama City reporter.

[lost in sowal]

Although Brad Pickle is helpful on many issues regarding the beach he is only responsible for the County's beach accesses, nourishment, etc. He has no regulatory or enforcement abilities regarding individual actions- those are planning and code enforcement. As Kurt said, Code Enforcement is who needs to be contacted.

[ecopal]

Code Enforcement has been contacted and they gave a very interesting summary of the situation.

The county apparently was issuing permits to use the low quality 6.2 grade sand (dark sand) prior to August 1 2005. The owners of the Gulf front property on Montgomery street apparently got approval from the county prior to the August 1 2005 deadline. Since August 1 the requirement is upgraded to a better 7.2 grade sand. In either situation the lower grade sand has to be covered with a three feet layer of the the whiter grade 8.1 sand.

So it is apparently the position of the Montgomery Street Gulf front owners that they can use the poorer grade sand because they are "grandfathered" in before the rule change . This is loosely analogous to the county allowing all of us long time residents to ignore the new HWY 98 stop lights because we were "grandfathered in". Such faulty reasoning would result in harm to others in both situations.

This low grade dark sand will contaminate the natural beach sand forever. Even though it is suppose to be covered with 3 feet of white sand the next time we get a storm it will all be mixed together. This will then contaminate the beach all along the shore-particularly to the west such as Seaside. This is a "dirty" shame because Seaside has been very careful not to contaminate their beach with low quality sand.

We all need to contact the county and tell them this is not acceptable

[Smiling JOe]

Code Enforcement has been contacted and they gave a very interesting summary of the situation.

The county apparently was issuing permits to use the low quality 6.2 grade sand (dark sand) prior to August 1 2005. The owners of the Gulf front property on Montgomery street apparently got approval from the county prior to the August 1 2005 deadline. Since August 1 the requirement is upgraded to a better 7.2 grade sand. In either situation the lower grade sand has to be covered with a three feet layer of the the whiter grade 8.1 sand.

So it is apparently the position of the Montgomery Street Gulf front owners that they can use the poorer grade sand because they are "grandfathered" in before the rule change . This is loosely analogous to the county allowing all of us long time residents to ignore the new HWY 98 stop lights because we were "grandfathered in". Such faulty reasoning would result in harm to others in both situations.

This low grade dark sand will contaminate the natural beach sand forever. Even though it is suppose to be covered with 3 feet of white sand the next time we get a storm it will all be mixed together. This will then contaminate the beach all along the shore-particularly to the west such as Seaside. This is a "dirty" shame because Seaside has been very careful not to contaminate their beach with low quality sand.

We all need to contact the county and tell them this is not acceptable

I don't know with whom you spoke, but I think they are incorrect regarding the information they gave you. That is not what I remember the County Commissioners ruling. They said that any new sand brought in would have to meet the new standards of whiteness. They also said that people who had already filled with the darker sand that met the old standards, but not the new, would have to be removed. There was a big debate about this and Commissioner Ro Cuchens was very scared that he would have to pay for it, since he had several jobs which he used the darker sand. The decision, as I remember, was that since the County changed the standards, the County would pay for the removal.

If what you state is true regarding the response from the Code Enforcement, the county commissioners should be contacted. FYI- the commissioner for that district is Chairman Scott Brannon, and he was conveniently absent from that meeting so he may not be as informed as Comm Meadows, or Comm Jones, who actually make the motion which was approved.

[ecopal]

I hope the county is not going to have to pay for its removal-this sand has been deposited in an ongoing basis for over the last 2 months in front of these homes on Montgomery Street.

[Smiling JOe]

I hope the county is not going to have to pay for its removal-this sand has been deposited in an ongoing basis for over the last 2 months in front of these homes on Montgomery Street.

The County will not pay for it if it was deposited after their ruling on the sand color.

[Smiling JOe]

So I had to check it out for myself today. That dirt is brown as topsoil. I took some photos and ran out of time to meet with the right people today. Perhaps in the morning.

Here are some of the photos I took showing more of what ecopal's photo clearly shows.

[ecopal]

Excellent pics!
Looks like the sand is getting darker-must be scrapings from the bottom of the pit.

Below is a picture of excavation on the beach just a block to the west(on the beach at the intersection of 30A and 395) of where SJ took his pics. They are getting ready to coverup up this mess with new sand being trucked in so if you want to take a peek go tomorrow.
(click on it to make larger)

[Richard]

County engineer Greg Graham was very clear on this issue back when we were having problems with all the red sand being brought onto Blue Mountain Beach.

The county did initially approve 6.2 sand. Many people got approval. The standard was later raised because of all the abuse of the 6.2 standard. Developers were not even meeting that low standard. Graham stated all new sand brought onto the beach had to be 7.2 or greater. He said the only thing that was grandfathered was what was already on the beach. Any new sand brought to the beach had to comply.

Graham makes the determination as to what is approved and what is not, not Code Enforcement. Code Enforcement is there to enforce Greg's ruling. I too question Code Enforcement's interpretation of the situation and suggest Greg Graham be contacted about this apparent abuse of the standard.

[Beach Runner]

Where's the best public beach access that's open to go and see this and other examples of seawalls? I can only "beach run" so far, so I resort to the bike paths for longer distances.

[ecopal]

Seagrove Villas has a new walkover-but it is private property.
If you use that walkover the dirty sand will be on your left-east and the excavation into the beach will be down a block on our right/west.

If you want to go down a public access you can use the Andalussa street access then walk or run west for a couple blocks.

[Smiling JOe]

...
The county did initially approve 6.2 sand. Many people got approval. The standard was later raised because of all the abuse of the 6.2 standard. Developers were not even meeting that low standard. Graham stated all new sand brought onto the beach had to be 7.2 or greater. He said the only thing that was grandfathered was what was already on the beach. Any new sand brought to the beach had to comply.
...

]

Thanks for refreshing my memory Richard.
To clarify Richard's statement in bold above:
Not all sand that was on the beach was grandfathered. That which was already there was still required to be "retested" (and not by Commissioner Roe Cuchens) and meet the minimum old 6.2 standard or be removed. Hence the removal of the red sand in BMB.

I do not have the color chart, but I guarantee you that the topsoil colored dirt being dumped yesterday and days prior does not even meet the old 6.2 requirement. IMHO, Gary seems to be very weak when it comes to being pressured from the Commissioners. I wonder if Commissioner Roe Cuchens was hired for these jobs in Seagrove too.

[PEARL]

Hi all,
This is my first post, but I read this forum all the time. As for the brown sand at Seagrove, it's very disturbing to me. These people are obviously trying to get away with something they know is wrong. I've emailed Commisioner Scott Brannon, and code enforcement officer Kevin Hargett. What else can we do? Has anyone contacted the newspapers?

[yippie]

That doesn't look like sand at all. It looks like dirt. This must be coming from the sod farm in Freeport. The owner stated several months ago that he could "wash" the sand. Commissioners bought it. They dumped a bunch of the dark sand in Miramar Beach right after Dennis. I don't think it was ever removed.

[EZ4144]

The darker sand will be bleached by the sun and anyway it will be covered with the whiter sand by the owners. The county is right to leave it up to the owners to fix things like after Opal.

[TooFarTampa]

The darker sand will be bleached by the sun

Oh, yes. And I'm sure the sun will turn it into fine bits of quartz too!

Sorry, but you are an example of why the county NEEDS to regulate these things.

[Smiling JOe]

The darker sand will be bleached by the sun and anyway it will be covered with the whiter sand by the owners. The county is right to leave it up to the owners to fix things like after Opal.

Yes, the homeowners are supposed to top it off with even whiter sand, but all of that sand and the dirt underneath will be washed onto the beaches in June. By the way, it will not bleach to be white in the Sunshine.

[SHELLY]

Now that all the sand and dirt has been dumped--one can't unring that bell. It would be like picking fly poop out of pepper. Before dawn today, there's a hell of a storm making its way along the coast that will mix the colors up pretty good.

The Law of SoWal: When comes down to sand and money--green will ALWAYS trump white.

[yippie]

The darker sand will be bleached by the sun and anyway it will be covered with the whiter sand by the owners. The county is right to leave it up to the owners to fix things like after Opal.

I lived here througth Opal. You cannot compare the two. This did not happend after Opal. No dirt was dumped on the beach. Plus, this erosion was not as prevelant.

You just cannot compare this year to Opal. Plus, Money was not the color of Brown then.

[Paula]

Those photos really look nasty. Why wouldn't the county commissioners (other than one) take this seriously and enforce it? Where does the TDC stand on this? I know this is a touchy statement, but if the sand color standard isn't enforced by officials, is there any case for a lawsuit to prevent people from ignoring the code and damaging county property by putting in darker sand? As far as I know, I can't do anything to my home that damages the homes/property next door or the town property.

[Smiling JOe]

Those photos really look nasty. Why wouldn't the county commissioners (other than one) take this seriously and enforce it? Where does the TDC stand on this? I know this is a touchy statement, but if the sand color standard isn't enforced by officials, is there any case for a lawsuit to prevent people from ignoring the code and damaging county property by putting in darker sand? As far as I know, I can't do anything to my home that damages the homes/property next door or the town property.

The County Commissioners say that it is not there duty to monitor the sand. They simple set the rules. As for a lawsuit for something that may happen in the future, I have not heard of suing for damages prior to the damage occuring.

[dbuck]

Looks like dirt from Kentucky.

[TooFarTampa]

Oh SJ I think the damage is done.

Isn't it the commissioners' job to make sure that code enforcement does its job?

[STL Don]

Oh SJ I think the damage is done.

Isn't it the commissioners' job to make sure that code enforcement does its job?

Agree with the previous comments--we're screwed. By the way, you don't sue for damages, since damages would be an inadequate remedy. You bring an action in equity, seeking a temporary restraining order or injunction.

[TooFarTampa]

Agree with the previous comments--we're screwed. By the way, you don't sue for damages, since damages would be an inadequate remedy. You bring an action in equity, seeking a temporary restraining order or injunction.

Exactly. It seems the SWCC is focused on wetlands, but would they file for an injunction on these grounds? Do their people read this board? I'd love to join the organization but feel like I'm too far away to get really involved. I like what they stand for though.

I wonder what the dirt looks like now that the storm has moved through.

[Smiling JOe]

Oh SJ I think the damage is done.

Isn't it the commissioners' job to make sure that code enforcement does its job?

Technically speaking, the dirt is on private property because the owner owns to the mean high water mark, so the damage is not done to the County's property.

I am uncertain who is responsible for ensuring that code enforcement does its job. I need to see an organizational chart.

[Smiling JOe]

Exactly. It seems the SWCC is focused on wetlands, but would they file for an injunction on these grounds? Do their people read this board? I'd love to join the organization but feel like I'm too far away to get really involved. I like what they stand for though.

I wonder what the dirt looks like now that the storm has moved through.

The storm probably did not affect it too much -- not enough wave action or wind. I will find out later this morning.

[TooFarTampa]

The storm probably did not affect it too much -- not enough wave action or wind. I will find out later this morning.

SJ you are the best! I want to elect you Mayor of SoWal. I think we need one.

[Smiling JOe]

SJ you are the best! I want to elect you Mayor of SoWal. I think we need one.

I can do more without being in public office than I can in public office, but thanks just the same.

[Paula]

Once the dirty sand gets on someone else's property, though, knowing full well that that will happen someday, then is the person who put the brown sand in responsible? Knowing that one is responsible for future consequences of current actions can be a motivator if indeed there are consequences. No consequences often leads to no motivation to do the right thing in some cases (not all cases, of course -- most people along 30A seem to be trying to do the right thing for others and the environment, now and for the future? We should be sure to show appreciation to the gulf front owners who are carefully doing the right thing. Does Smiling Joe, Kurt or others have photos of people making wise and thoughtful decisions? Those would be nice to see and celebrate.

[Miss Kitty]

Technically speaking, the dirt is on private property because the owner owns to the mean high water mark, so the damage is not done to the County's property.

I am uncertain who is responsible for ensuring that code enforcement does its job. I need to see an organizational chart.

I guess personal/community responsibility is out of the question here? Our country and county are suffering from this disease...lack of personal/community responsibility. I think it is time to publish property owners names that continue to ruin the beach. My heart is breaking.

[Paula]

And also provide good citizen recognition for people who maintain the beaches and their property in ways that enhance the greater good. It takes a lot of courage and good will for someone to go the extra mile and do what's right even when it costs them more money personally, especially when their property is at risk. I assume some/many people are figuring out how to protect their homes and thoughtfully do the right thing for the community and their neighbors at the same time. And to them we are all thankful!

[Smiling JOe]

Because I have been busy with some other things this morning, I sent my friend on a mission. He took photos and sand samples, and had a meeting with Greg Graham, the County's Civil Engineer who is in charge of color-testing of sand being added to the beach.

The following is based on my conversation with my friend. His understanding is that the dark sand dumped in Seagrove, as recently as yesterday, measures a 6.2 and it should be 7.2 per County Commissioners' ruling from the Blue Mtn Beach Special Mtg. The sand samples brought in today were not tested, but Mr Graham states that it appears to be the same color as the samples brought in yesterday, which rated 6.2 (the higher the color, the whiter the sand). When Mr Graham was asked why they are being allowed to add sand below the minimum standards, he responded in a way that let my friend believe that he was being poked and prodded by higher-ups in the County.

Mr. Graham states that at the meeting where the the 7.2 minimum rating was decided, he was confused on what the answer was. I was at the meeting, and I it sounded crystal clear to me. I remember the 7.2 minimum requirement being for all new dirt brought in from that day forward. Mr. Graham states that he was confused, and after meeting with Pat Blackshear, they thought that any projects which had already began could bring in the darker dirt meeting only the 6.2 level. Therefore, they told the people already under contract with a dirt man, that they could use the old 6.2 min. requirements since they had already started. At that time, the minutes from the meeting had not been reviewed, approved, nor dismissed, so they were in the dark if they did not understand the Commissioners' ruling at the meeting. Greg Graham stated to my friend that he did not read the minutes from the meeting until Code Enforcement brought it to his attention in the recent past. Mr Graham and Pat Blackshear now understood the minutes to read just as I heard and understood at the meeting. The problem is that they have told the contractors and homeowners that they could place the 6.2 min dirt on the beach. Now they know that is not what the Commissioners ruled. How do they go back and tell people that they have to remove the dirt? They are still going to allow any Gulf-front owner who began their work prior to the Blue Mtn Beach Special Mtg to keep illegally dumping the darker sand. According to Mr Graham, he and Pat Blackshear went to Pat's boss and several County Commissioners, including Cindy Meadows, and their response was, if they started before the change in minimum standards to the 7.2, they could continue with the jobs. Mr Graham said that he thought they would have been done with these jobs long ago, so he was suprised to see the darker sand being brought onto Seagrove as recently as yesterday. My friend informed him that there will likely be more coming just down the beach where the massive seawall is being installed to the west of the Seagrove Villas. My friend also asked him why he could not now tell all dirt contractors and homeowners that since they now understand the law to be different from what he was telling them, any new sand delivered from this day forward would have to meet the new 7.2 minimum requirement. He did not have a response, other than the people told him if the owners had started before the Blue Mtn Beach Mtg, they could continue.

It sounds like Mr Graham is being beaten up on by the higher ups. He is very fearful that this illegal dumping in Seagrove could blow up in his face, just as it did a few months back at the Blue Mtn Beach mtg. He took a severe beating from both sides.

That is today's report. My friend is sending me photos of that area from earlier today, and I will post them when I receive them.

[Smiling JOe]

New photos just arrived. Click here to see more.

[kathydwells]

Well, at least it looks like my little piece of paradise..Seagrove Villa's has used the correct color sand to cover their "unwanted" seawall. And the walkover looks great. Thanks for the pics SJ!!!!

[dbuck]

I have a question. Will the color of the sand change the color of the water? I hope this isn't a stupid question, just wondering.

[Paula]

Thanks Smiling Joe for the photos. It's so interesting to see how people right next door to each other are using different colored sand. Clearly, everyone had the option to use light sand, but only some chose to do it. And the one with the sea oats planted on the light sand looks so much better than the darker sand next to it. Well, maybe the county will get clear rules and enforcement in place (and maybe a plan to have all dune rebuilding by owners be consistent) by the next time a storm comes and takes the dunes away. There should be no surprises the next time around and people now have time to plan ahead. And we'll learn first-hand the consequences of the different sea wall and sand strategies on the beach and the color of the ocean.

[Smiling JOe]

I have a question. Will the color of the sand change the color of the water? I hope this isn't a stupid question, just wondering.

Yours is not a stupid question, but a very good one. I do not know the answer. My guess is that if the color of sand on the beach changes, the water color would NOT change. My understanding is that the water color we presently have is due to having a lack of rivers flowing into the Gulf in this area. I know depth of the water and water clarity both play a vital role in water color. I do not think sand color is a factor, but again, this is only my guess.

[kurt]

Yours is not a stupid question, but a very good one. I do not know the answer. My guess is that if the color of sand on the beach changes, the water color would NOT change. My understanding is that the water color we presently have is due to having a lack of rivers flowing into the Gulf in this area. I know depth of the water and water clarity both play a vital role in water color. I do not think sand color is a factor, but again, this is only my guess.

If there were dark sand on the bottom it would change the appearance of the water, just like different colored swimming pools look different. But the water itself wouldn't change unless the bottom was churned up.

[Miss Kitty]

If there were dark sand on the bottom it would change the appearance of the water, just like different colored swimming pools look different. But the water itself wouldn't change unless the bottom was churned up.

Good response. If I had wanted dark sand and water colors, I could have just stayed in Texas.

We have been ROYALLY screwed. I have one question...are these homeowners even aware of the sand color being placed in front of their houses?? If so, I vote we hang them all from the crane at Seaside and smack them like pinatas. These are not the kind of people I want as my neighbors. Keep a look out at WC, call it what you want...but if ONE grain of dubious colored sand arrives, I will be on the next plane out of here and will personally attempt to stop it! I am that mad!!! This is criminal.

P.S. dbuck...there are never any DUMB questions! Keep asking!

[Smiling JOe]

Good response. If I had wanted dark sand and water colors, I could have just stayed in Texas.

We have been ROYALLY screwed. I have one question...are these homeowners even aware of the sand color being placed in front of their houses?? If so, I vote we hang them all from the crane at Seaside and smack them like pinatas. These are not the kind of people I want as my neighbors. Keep a look out at WC, call it what you want...but if ONE grain of dubious colored sand arrives, I will be on the next plane out of here and will personally attempt to stop it! I am that mad!!! This is criminal.

P.S. dbuck...there are never any DUMB questions! Keep asking!

Of these five or six houses in violation in Seagrove, I believe two are rentals and one of the others recently sold according to the sign in the front yard. One house, next to the Greenwood Access has not placed any fill and their back porch is falling. I think as much as they are to blame, so are people at the County.

[peaboy]

When this same situation occured in Blue Mountain Beach, several members of that community and (the entire community for that matter) petitioned the Commissioners for an emergency BCC meeting. After numerous emails and direct phone calls, an emergency meeting was called.

It was during this emergency meeting that the now famous "Brown Mountain Beach" incident set the standards for which these contractors and home owners must obey. The standars were restored to higher levels and it is very clearly stated in the minutes from that meeting.

I can only urge you all to contact the commssioners on a daily basis, flood them with phone calls, emails and anything else including media coverage to get their attention. We had news 13 and channel 7 come to Blue Mountain, and we were very successful. Ride them hard until they call an emergency meeting and get the results that are once again"clearly stated" in the minutes of the past meetings.

Good luck. I will also contact them

[ecopal]

Good work SJ.
Peaboy is right-call your commissioners and also call DEP -.

This sand should be removed before it can contaminate the beach even more!

Tony McNeal with DEP. <tony.mcneal@dep.state.fl.us> 850-921-7745.

Jim Martinello, DEP Enforcement & Compliance officer.
<James.Martinello@dep.state.fl.us> 850-414-7772.

Rick Harter , rick.harter@dep.state.fl.us 850-921-7746

Ask for DEP to come and officially test the sand. If they determine that the dark sand is "not beach compatible material" they can order the county to have it removed.

[Paula]

I sent an email to the email addresses above, as well as to county commissioner Scott Brannon. The email was titled:

Illegal dark brown sand imported to white sand beaches in South Walton

I hope this helps. Is there anyone else we should be contacting?

I didn't send the email to the media recommendations yet. Do we really want the media involved? If so, I'm happy to email them as well.