Ron DeSantis

FLORIDA DEPARTMENT OF Governor

Environmental Protection Jeanette Nuñez

Lt. Governor
South District Noah Valenstein
PO Box 2549 Secretary
Fort Myers FL 33902-2549
SouthDistrict@FloridaDEP.gov

July 22, 2019

Madeira on Marco Island Condominium Association, Inc.

c/o Douglas Spong, President
350 S. Collier Blvd., Unit 507
Marco Island, FL, 34145
marty@madeiraresort.net

Re: Warning Letter

Madeira on Marco Island Condominium Association, Inc.
Complaint No. 3025
DEP File #: VCO-019-02
Collier County – Beaches and Coastal Systems

Dear Mr. Spong:

A complaint inspection was conducted at the Madeira on Marco Island Condominium on July 2,
2019. During this inspection, violations of chapter 403, Florida Statutes and chapter
161.053(2)(a), Florida Administrative Code were observed.

During the inspection Department personnel noted the following:

 Use of heavy equipment on the existing dune, resulting in damage to existing dune contours
and topography.
 Excavation of beach material resulting in alterations to existing ground elevations.
 Removal of native dune vegetation.
 The unauthorized addition of shell fill material as a road base.

The Department intends to pursue formal enforcement in this matter in the form of a Consent
Order. Restoration of the dune and beach will be required, as well as civil penalties. Please see
attached Inspection Report for Corrective Action Recommendations.

Violations of Florida Statutes or administrative rules may result in liability for damages and
restoration, and the judicial imposition of civil penalties, pursuant to Section 161.053(2)(a), F.S.,
Florida Statutes.
Madeira on Marco Island
Warning Letter
Page 2 of 2

Please contact Elizabeth Sweigert at (239) 344-5646, within 10 days of receipt of this Warning
Letter to arrange a meeting to discuss this matter. The Department will use any information you
provide in determining whether any violations have occurred. You may bring anyone with you to
the meeting that you feel could help inform this matter.

Please be advised that this Warning Letter is part of an agency investigation, preliminary to
agency action in accordance with Section 120.57(5), Florida Statutes. We look forward to your
cooperation in completing the investigation.

Sincerely,

Jon M Iglehart, Director

South District
Florida Department of Environmental Protection

Enclosure: Inspection Report

cc: Tonia Selmeski, City of Marco Island, tselmeski@cityofmarcoisland.com

 Florida Department of Environmental Protection
COMPLIANCE INSPECTION REPORT

Permit File number (if applicable): City (if applicable): County:

Inspection Date: Inspection Time:
N/A
7/2/19 Marco Island Collier
Distance of activity seaward of control line: Approximately 372’
DEP Monument Number (distance and direction): From
seaward of control line.
approximately 200’ north to 320’ south of R-141.
Address: 350 S Collier Blvd, Marco Island, FL 34145

Property Owner’s Name: Address and Phone Number: Email:

Madeira on Marco Island Condominium 350 S. Collier Blvd.
Association, Inc. Marco Island, FL, 34145 marty@madeiraresort.net
Douglas Spong, President 239-389-4510
Marty Keefe, Maint. Ops. Manager

Other Names (if applicable): Address and Phone Number: Email:

1856 Tyler Road
Dennis Kariores, Operations Manager dennis@rrestorationllc.com
Metter, GA 30439
RR Restoration, LLC
850-374-2323
Description of Alleged Non-Compliance Activities:

Unauthorized removal of native dune vegetation, use of heavy equipment in the dune resulting in damage to existing dune contours,
excavation of the beach, and the placement of shell fill material for the creation of a new beach access path for the heavy equipment. The
activities described appear to have been conducted seaward of the Coastal Construction Control Line (“CCCL”) without a Department
permit; in addition, the activities and use of heavy equipment has occurred within marine turtle nesting habitat during marine turtle nesting
season.

Inspector’s Comments:

On 7/2/19, a site inspection was performed in response to a complaint regarding unauthorized clearing of vegetation along the beach at
Madeira on Marco Island Condominium. The upland structure is a condominium tower adjacent to the beach and dune. Spoke with the
Maintenance Operations Manager for Madeira, Marty Keefe, who said that the area had been cleared for the staging of a crane and work
trailer for activities related to roofing. He indicated that this wasn’t the first time that this activity had been performed. Area had been
excavated and cleared of the native dune vegetation. Shell fill was found on site, apparently for creating an access path for equipment use.

Potential Violations Observed: Section 161.053(2)(a), Florida Statutes

A CCCL permit must be obtained in locations seaward of the CCCL prior to: construction of any structure; excavation; removal of any
beach material; alteration of existing ground elevations; driving any vehicle on, over, or across any sand dune; or damaging or causing to be
damaged such sand dune or the vegetation growing thereon.

The removal of sea oats and other native beach and dune vegetation from the area seaward of the CCCL and disturbance of the existing
dune contour, is prohibited pursuant to Sections 161.053(2)(a), and 403.161(1), Florida Statutes, without prior authorization.

The cutting, destruction, and removal of the native vegetation and the alteration of existing dune contours is not an activity that the
Department would authorize and will need to be corrected.

DEP Form 73-301 (Revised 10/15) Page 1

RECOMMENDATIONS FOR CORRECTIVE ACTION:

Corrective Actions to restore dune/beach damage:

Due to the unauthorized activities conducted seaward of the CCCL, as corrective measures, the Department will require the property owner
to obtain the services of an environmental consultant to assist with the develop of a restoration and revegetation plan. The proposed
restoration and revegetation plan shall provide specific detail outlining restoration of the existing damaged dune and beach area to pre-
existing contours and elevations. If additional sand fill material, obtained from an upland source, will be needed to restore the affected areas
to its existing condition, the plan shall include proposed sand source(s), specifications, and sand sample(s) to establish that the proposed
sand fill material is compatible in both grain size and coloration with the surrounding existing beach sand.

The proposed plan shall also depict the damaged area, in square feet, to be revegetated, and the type, quantity, unit size, and spacing of the
native dune vegetation to be planted. The plan shall include native dune grasses such as sea oats, muhly grass, and other native grasses, and
scrub-type vegetation similar to what was removed (Cabbage Palm & Silver Palm) may also be proposed; any dead vegetation should be
removed by hand raking.

The required restoration and revegetation plan shall be submitted to the Department for review and acceptance within thirty (30) days of
receipt of the Department’s Warning Letter. Upon submittal of a proposed restoration and revegetation plan that is acceptable to the
Department, the corrective measures will be incorporated and required within a Department issued Consent Order to be signed by the
property owner and the Department. The executed Consent Order shall also assess an appropriate administrative penalty, pursuant to
Section 161.054, Florida Statutes, for the unauthorized activities conducted and damage caused seaward of the CCCL.

Also required as a corrective measure, the property owner shall be responsible for removal of all shell fill material presently stockpiled or
placed seaward of the CCCL; removal of the shell fill material shall be accomplished with hand tools only and shall not commence (each
day) until the local Florida Fish and Wildlife Conservation Commission (“FWC”) marine turtle permit holder has completed the daily
marine turtle nesting survey. The property owner and/or contractor shall be responsible for coordination with the FWC marine turtle permit
holder. Removal of the shell fill material shall be completed within fourteen (14) days. Until the damaged dune contours and elevations
have been restored, all disturbed beach and dune area shall be hand raked to remove tire tracks and ruts.

Actions to be taken for Condominium building repair:

In regard to CCCL permitting authorization to conduct construction or repairs to the Condominium building, it is recommended that you
contact the CCCL Permitting Program’s permitting manager for Collier County, John Glunn, to discuss the specific activities to be
conducted.

Since use of the beach/dune area for equipment use and access would not be permittable per Department Rule 62B-33, Florida
Administrative Code, an alternative methodology will need to be proposed. Once a revised plan is ready to be proposed, Mr. Glunn can
assist in determining whether a CCCL permit will be required and provide guidance regarding the items of information that will be required
to be submitted with your CCCL application if the proposed activity will require Department authorization. Mr. Glunn can be reached by
phone at 850-245-7671, or via e-mail at John.Glunn@dep.state.fl.us.

(Please note that any CCCL permitting authorization that you seek to obtain will be handled as a separate matter from the Department’s
Recommendations for Corrective Actions described above and the subsequent issuance of a Consent Order to resolve the possible
violations that have occurred).

Inspector’s Signature: Date:

7/17/19

FOR TALLAHASSEE OFFICE USE (Routing, Review, Comments):

See Photos Below

DEP Form 73-301 (Revised 10/15) Page 2

 Photographs (including brief location description):

P1. Facing W, view of open beach and dune vegetation P2. Facing SW, view of area where excavation activity
in northwest quadrant of property. occurred with native dune vegetation removed. Heavy
equipment in dune area.

P3. Facing S, southern view excavated site where there P4. Facing N, northern view of excavated site where
was previously native dune vegetation. there was previously native dune vegetation.

P5. Facing NW, view of excavated site w/ beach P6. Facing W, view of excavated site w/ beach profile.
profile.

P7. Facing W, southwestern quadrant of site w/ pile of P8. Facing E, view of paved path along southern
dune vegetation and Cabbage Palms (Sabal palmetto) property line w/ adjacent construction @ 400 S. Collier.
silver palms (Coccothrinax argentata), and Muhly
Grass (Muhlenbergia capillaris).

DEP Form 73-301 (Revised 10/15) Page 3

 P9. Facing S, view of silt fence and excavated material P10. Facing SW, view of silt fence with beach profile.
along westernmost portion of site.

P11. Shell fill used for road construction. *left blank intentionally*

P13. Picture #1 sent on 6/30/19 with unauthorized work P14. Picture #2 sent on 6/30/19 with unauthorized work
complaint. complaint.

DEP Form 73-301 (Revised 10/15) Page 4

 P15. 2017-18 aerial photo prior to impact showing P16. Impact area highlighted in purple (aprox. 10,810
vegetation. sq.ft.)

P17. Photos documenting vegetation that was removed. P18. Another photo of vegetation that was removed.

DEP Form 73-301 (Revised 10/15) Page 5