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Sally

Beach Fanatic
Feb 19, 2005
654
49
By Gabriel Tynes

Walton County Administrator Ronnie Bell told the Florida Department of Environmental Protection two letters written by District Four County Commissioner Rosier Cuchens regarding a single, after-thefact seawall permit last summer were ?not official.?

Sarah Williams, a DEP spokesperson, said Cuchens wrote the letters in June, shortly after the wall was discovered by a DEP aerial survey in May. Williams also said there were ?no records? of an application ever filed and the DEP then contacted the county to affirm the findings.

On May 16, the DEP sent the property owners a warning letter stating that there was no documentation of the seawall construction at 59 Pelican Circle, and the wall could be ?contributing to violations? of construction on the Coastal Control Line.

On June 6, Cuchens wrote a letter to the DEP stating the wall was not in violation of any codes or zoning requirements. He also stated the wall was built on an emergency basis, to prevent the ?impending undermining of the house foundation.?

In his second letter received Aug. 4, Cuchens wrote the wall was in compliance with the county?s comprehensive plan. Cuchens? letters were also accompanied by an after-the-fact seawall permit application and engineering evaluation from Anderson Engineers.

According to Bell, determining which projects are within the guidelines of the comprehensive plan is exclusively the responsibility of engineers from the Walton County Planning and Development Services Division.

Upon learning of Cuchens? letters on Oct. 16, Bell wrote the DEP to advise that Cuchens? letters were not ?offi cial.? Bell did not refer to Cuchens specifically in his notifi cation, and rather referenced the letters as ?county? letters.

In a phone call last week, Assistant County Administrator Shirl Williams said she did ?not know what Cuchens was trying to do? with the letters.

?We didn?t hear anything about the wall until after the permit was complete,? Williams said.

She said letters of authorization could only be signed by planning department Environmental Manager Billy McKee, and Cuchens ?had no right? to speak for the county in the matter. Furthermore, she said the county has not issued permits outside of emergency guidelines, which expired in October 2005.

According to county public records, the property belongs to Dr. James R. Spires, whose primary residence is in Mobile, Ala. Spires has not fi led any construction papers in almost 10 years, and the only documents pertaining to infrastructure on his two adjacent lots were commencement of construction notifications for the main house, a guest house and a swimming pool.

Today, the property is listed for sale by the owners at a price of $15 million. An online advertisement at forsalebyowner. com lists features such as an alarm system, gated entryway and stucco wall enclosure but does not include any information on a coastal armoring device. The exact measurements of the wall are not known but plat information gives the Spires? a combined 220 feet of gulf-front property.

A second warning letter from The DEP issued June 26 cautioned the Spires? that ?sand fill appears to have been done outside the subject property boundaries.? Today, between 12-18 inches of wall still protrude from the top of the sand fill, and the project is not complete.

In repeated phone calls last week, Spires and his wife, Michelle, refused to answer questions about the wall and did not respond to messages at his office or on her cell phone.

DEP spokesperson Williams said, ?We didn?t see any documentation of the wall until after it was discovered,?

Later, with what they believed was county approval, the DEP deemed the Spires? application completed. Now, the application has been frozen awaiting a proper review by the planning department.

This is not the first time Cuchens has come under fire for seawall construction. The commissioner was investigated by the Florida Commission on Ethics after Hurricane Dennis for approving emergency armoring permits which subsequently brought revenue to his family?s own construction business. That operation, Choctawhatchee Bay Piling and Dock, Inc., built dozens of seawalls after the emergency permits were issued last year.

On Oct. 10, the FCE found that Cuchens had no ?voting conflict when he voted on measures affecting his private business.?

No records indicate which company constructed the Spires? wall last spring.

After a flurry of coastal construction projects last fall, many walls are now barely noticeable ? hidden beneath steep slopes of sand covered with growing vegetation. Yet controversy over the emergency seawall permitting process has been swirling in both private and public arenas since the day they were originally conceived. There have been previous problems with private encroachment on public land, miscommunication about regulations and guidelines, and allegations of inequality and subjectivity.

At the BCC meeting on Oct. 10, attorney Dana Matthews openly insinuated that the county has routinely mishandled the permitting process, and the comprehensive plan actually suggests the walls could be built with the stipulation that they protect the dune systems. He also testified that the county issued other permits without the knowledge of county planning engineers.

Matthews, who was representing four property owners unrelated to the Spires? case, was seeking approval to continue all seawall construction without emergency permits, which have not been issued since October 2005. He believes the county should be removed from the process all together.

?This ?cooperation? between the county and the state has been a nightmare,? Matthews said. ?A quandary.?

?The county abrogated jurisdiction of the beach to the DEP in 1996,? Matthews explained. ?And now their involvement is obstructing the very progress they are trying to achieve.

?If [the county] wants to delegate, they need to step back and decide how to do it because we can?t have a half-armored, unregulated beach.?

Meanwhile, Sarah Williams said the DEP has received ?several? afterthe-fact applications from Walton County, although their requirements continue to mandate county approval.

?[This case] is not isolated,? Williams said. ?But the DEP will not issue permanent permits without official county approval.?
 

buckjones

Beach Comber
Jul 12, 2005
20
0
I am very familiar with this seawall

and also have had a good bit of experience dealing with the Planning Dept. My thoughts:
1. To reiterate from the article, not only was there no DEP permit issued prior to constructing this 200' seawall(which probably cost $150k), neither was there ANY county permit of any type.
2. Does anyone actually believe that this "temporary wall" will have to be torn down? Of course not, and the lesson for the rest of us continues to be, those with $$ and power will do what they want and if caught ask for forgiveness later.
3. This type wall with a 90 degree angle on the end will absolutely undermine the neighbors dirt when the next storm surge comes along running down the beach.
4. Even if one has DEP approval for a seawall, is it permissible to build seaward of the CCL? Seaward of your own property line? This owner does not have a metes and bounds legal description, but rather is in a subdivision and I believe the wall probably is seaward of his property line.

The Walton Planning office will have to be the subject of another post, but suffice it to say IF you can get an answer from them, It'll probably be wrong. They do not return calls, do not answer emails, and generally do not want to see you in person-basically the opposite of what a public agency should be. The lesson I am learning is to just go ahead and do what you want; do not under any circumstances ask for permission.
 

Smiling JOe

SoWal Expert
Nov 18, 2004
31,644
1,773
Excellent, my project for my property in north county is in full swing as long as the county has their hands full down by the beach. Anything goes.:cool:
 

jimmyp5

Beach Lover
Mar 1, 2006
104
0
Seagrove
Anything goes.:cool:

JOE, I'm sure you're right .... but this whole seawall permitting issue, on public property, "we didn't know", is-there-a-problem-that-the-county-comissioner-was-our-contractor? mentality is either a) business as usual or, b) a bad portent of things to come. Either way, it doesn't make me hopeful for where SoWal may be headed. Private property rights above all else, above anything else, above common sense, will be the undoing of this, or any, place.
 

Miss Kitty

Meow
Jun 10, 2005
47,011
1,131
71
JOE, I'm sure you're right .... but this whole seawall permitting issue, on public property, "we didn't know", is-there-a-problem-that-the-county-comissioner-was-our-contractor? mentality is either a) business as usual or, b) a bad portent of things to come. Either way, it doesn't make me hopeful for where SoWal may be headed. Private property rights above all else, above anything else, above common sense, will be the undoing of this, or any, place.

jimmyp5...if this info is out in the court of public record and opinion, will things not be changed? I would like to think that the bad apples will be thrown out.
 

pgurney

Beach Fanatic
Jul 11, 2005
586
66
ATL & Seacrest
JOE, I'm sure you're right .... but this whole seawall permitting issue, on public property, "we didn't know", is-there-a-problem-that-the-county-comissioner-was-our-contractor? mentality is either a) business as usual or, b) a bad portent of things to come. Either way, it doesn't make me hopeful for where SoWal may be headed. Private property rights above all else, above anything else, above common sense, will be the undoing of this, or any, place.

I bolded the part of your post above because in this particular instance, this is not considered public property. The beach in front of this wall, and which the wall was apparently built, is the common property of the neighborhood. It will be interesting to see how this plays out.
 

SHELLY

SoWal Insider
Jun 13, 2005
5,763
803
What's the problem with just one more seawall? :dunno:

The commissioners need to either:

(a) Put on their big-girl panties and order ALL the walls come down immediately!

....OR...

(b) Drop this charade of "concern" for the environmental/property line issues/permits that's wasting valuable tax dollars--and let all beachfront owners do what they will.
 

BlueMtnBeachVagrant

Beach Fanatic
Jun 20, 2005
1,383
413
What's the problem with just one more seawall? :dunno:

The commissioners need to either:

(a) Put on their big-girl panties and order ALL the walls come down immediately!

....OR...

(b) Drop this charade of "concern" for the environmental/property line issues/permits that's wasting valuable tax dollars--and let all beachfront owners do what they will.
I have read this post 10 times and can possibly interpret it that many ways. Shelly, please help me here. What ARE you saying?
 

Pirate

Beach Fanatic
Jan 2, 2006
331
29
Not to speak for Shelley but the point is the county needs to grow a pair and remove some walls at the offending land owners' expense, or just admit they don't give a damn and stop the charade.

I am stunned the owners around these properties aren't pursuing legal action.:bicycle:
 
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