Florida Department of Environmental Protection

COMPLIANCE INSPECTION REPORT

Permit File number: City (if County:

Inspection Date: 6/8/20
8035500-CO applicable): Collier
Marco Island
Site Address: 260 Seaview Ct, Marco Island
Permit History:

DEP Monument Number (distance and direction): Between Distance of activity seaward of
approximately 285 feet and 350 feet north of the Department of control line:
Environmental Protection's reference monument R-136, in Collier County 320’
Property Owner’s Name: Address and Phone Number:
260 Seaview Ct. Email:
South Seas West Condominium Marco Island, FL. 34145. warias@castlegroup.com

Agent:
Turrell, Hall & Associates, Inc.
3584 Exchange Ave. Nick@THAnaples.com
Nick Pearson, Project Manger
Naples, FL 34104
Phone: (239) 643-0166
Contractor:
Imperial Marine Construction,
Bernice Clark Inc., 601 East Elkcam Circle, bernice1imperialmarine@yahoo.com
Suite B2 Marco Island, FL 3414

Description of Alleged Non-Compliance Activities:

Excavation, rutting, dune vegetation removal, placement of debris on dune vegetation for the construction of a new
dune walkover appear to have occurred seaward of the Coastal Construction Control Line (“CCCL”) without benefit
of a Department permit.

Inspector’s Comments and other important dates:

Field Permit No. 8035500-CO issued on 03/06/20 and expired on 4/30/20 for the replacement of the dune walkover
with no piling replacement and no work during sea turtle nesting season. The agent and contractor stated that no
pilings were to be replaced, if the pilings were to be replaced than the structure would need to be reduced to extend
only 10’ from the existing dune vegetation.

06/04/20 – Received a complaint from Mr. Walter Arias, Senior Property Manager, Castle Group, South Seas West,
260 Seaview Ct., Marco Island, FL 34145, warias@castlegroup, P: 239-394-8105
DEP Form 73-301 (Revised 10/15) Page 1
06/05/20 – Contacted Mr. Arias he was expressing concerns regarding the construction of the dune walkover and if
it was being built in compliance with the permit. Requested he provide a copy of the permits posted onsite and set
up a meeting onsite with Mr. Arias and the contractor.

06/05/20 – Sent an email to Bernice Clark, Imperial Marine Construction, Inc., 601 East Elkcam Circle, Suite B2,
Marco Island, FL 3414 asking if work is being done now. She confirmed they were, and I informed her stop
working during sea turtle nesting season.

06/08/20 – Site inspection with Mr. Arias (South Seas West) and Carlos Montenga (Imperial Marine) to verify work
completed and existing site conditions. Observed the following:
1) Work being performed without benefit of a permit, field permit expired on 4/30/20.
2) Excavation for new pilings, sand placed on the sides of the structure on exiting dune vegetation, (10’ on both
sides for the length of the structure).
3) Removal of dune vegetation in the location of the new deck, approximately 1,300 sq. ft.
4) Structure built on or below grade.
5) Staging materials on existing dune vegetation.
6) Excavation occurred during nesting sea turtle nesting season (May 1 thru October 31).

Comments:
Pursuant to Section 161.053(2)(a), Florida Statutes (“F.S.”), 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 installation of the shore-normal on grade dune walkover across the sandy beach and in the approximate
vicinity of existing dune vegetation during sea turtle nesting season appears to be inconsistent with Section
161.053(2)(a), Florida Statutes (“F.S.”).

RECOMMENDATIONS FOR CORRECTIVE ACTION:

Enter into a Consent Order to be signed by the property owner, contractor, and the Department. The executed
Consent Order shall include an appropriate administrative penalty, pursuant to Section 161.054, Florida Statutes, for
the unauthorized activities conducted and damage caused seaward of the CCCL.

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).

Action Taken: None.

Verbal Compliance Assistance Offered? ☒ Yes ☐ No
Comments: Immediate Corrective actions given at site inspection:
1) Remove all of the construction debris from the dune and beach system by hand and that he could use a golf cart
to remove the old pilings encased in concrete.
2) Remove all of the stringers and leave pilings for now and relocate the sand back in place but to leave the bottom
boards exposed.
3) Once completed submit photographs. Imperial Marine provided photos on 6/9/20.
4) Submit a new site plan for the new structure to be designed to meet current dune walkover guidelines and to
include the switchbacks.

Inspector’s Signature: Date:

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

 6/8/20

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

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

 Photographs (including brief location description): Photos taken 6/8/20.

P1 – Facing SW entrance to the new dune walkover. P2 – Facing SW view of stringers, new wrapped
pilings and braces below grade.

P3 & P4 – Facing SW view of the south side of the structure, excavated sand and vegetation removal.
Photos taken on 11/7/19 inspection for the requested field permit.

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

 P5 – Facing NE of the south side prior to P6 – Facing SW view of the south side prior to
construction. construction.

P7 – Facing NE view of the north side of the

structure prior to construction.

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

 P8 & P9 – Facing NE view of the terminal and deck section of the new dune walkover. Old pilings removed
were encased in concrete.

P10 – Facing NE view of the south side of the new structure, view of the south side of the structre from the
open beach.

P11 & P12 – Facing S, view of the north side of the structure, staging of materials on dune vegetation, old
decking and stringers, and roots from the removed vegetation.
Photos taken on 11/7/19 inspection for the requested field permit.

DEP Form 73-301 (Revised 10/15) Page 6

 P13 – Facing SE, view of the north side of the deck .
and existing vegetation.

P14– Facing N, view of the deck and existing P15 – Facing NW view of the north side of the
vegetation. structure, sand pile and existing vegetation

P16 – Facing N view of the excavation.

DEP Form 73-301 (Revised 10/15) Page 7
 P17 & P18 – Facing NW another view of the north side of the structure.

P19 – View of staged materials on dune. P20 – Facing E view of the cleared area on the north
side of the structure.

P21 – Facing S from the south side of the dune walkover.

DEP Form 73-301 (Revised 10/15) Page 8

 P22 & P23 – Facing S, view from the north.

Proposed site plan approved in field permit.

DEP Form 73-301 (Revised 10/15) Page 9