tag:blogger.com,1999:blog-12577922411913610782024-02-07T02:11:25.912-08:00Save Lake Worth Beach & Reefs for Surfing, Diving & FishingSurfrider Foundation Palm Beach County Chapter, Snook Foundation & 3 Individuals have challenged a Damaging Dredge-and-Fill Project Permit to Natural, Economic, & Recreational Resources.
Its time to take back the beach!Surfrider Foundationhttp://www.blogger.com/profile/08208605261693967386noreply@blogger.comBlogger14125tag:blogger.com,1999:blog-1257792241191361078.post-90887369035371369162009-03-09T09:12:00.000-07:002009-03-09T09:19:57.409-07:00Summary of the Reccomended Order Ruling<strong>Here is a great layman's summary of the 277 page ruling:</strong><br /><ol><li>Palm Beach has failed to undertake a monitoring program to assure that the project does not have an adverse impact on the Florida Reef Tract. </li><li>Palm Beach has failed to provide adequate engineering data concerning shoreline stability and performance, post-construction, and the potential impacts of the project upon the beach-dune system of Reach 8. </li><li>Palm Beach has failed to provide sufficient mitigation to assure the performance of the Permit with respect to the covering of hardbottom. </li><li>Palm Beach has failed to provide reasonable assurance that the direct and indirect coverage of hardbottom will be limited to 6.9 acres, so it has failed to provide adequate mitigation. </li><li>Palm Beach has failed to provide any mitigation whatsoever for the expected deaths of five juvenile green turtles from the loss of 6.9 acres of hardbottom and additional juvenile sea turtles from the loss of additional hardbottom. </li><li>Palm Beach has failed to provide any mitigation for the turbidity that would result from the project and deprive a wide range of species from the use of these beach and nearshore habitats, other than the mitigated hardbottom, for a period of about one year. </li><li>Palm Beach has failed to justify the scope of this project, given the large overfill factor that results from the relatively large discrepancy between the mean grain size of the sand source and the existing beach. </li><li>Palm Beach has failed to establish that Reach 8 is eroding, especially the majority of it that is not designated CEB.<br />Palm Beach has failed to justify the use of a limited resource--offshore sand--to restore considerable lengths of nonCEB, especially where they may be other, dissipative beaches that are CEBs… </li><li>Palm Beach has failed to show that the proposed project would produce a net positive benefit to the coastal system. To the contrary, the project would produce a net negative impact to the coastal system, again due to the use of excessive fines in the fill. </li><li>The impacts from turbidity are unmitigated; the impacts from hardbottom coverage are only partly mitigated.</li><li>Palm Beach has failed to protect all of the environmental functions of Florida's beaches by proposing to fill Reach 8 with fill whose mean grain size is little more than half the mean grain size of the existing beach and will not maintain the general character and functionality of the beach, dune, and coastal system of Reach 8. </li><li>Palm Beach has failed to provide reasonable assurance that the project protects the water resources of the district from harm. </li><li>Palm Beach has failed to provide reasonable assurance that the project is not contrary to the public interest. </li><li>Palm Beach failed to show that the project would satisfy any one of the public-interest criteria except the criterion concerning archaeological and historical resources; even for the criterion of temporary versus permanent, the recurring nature of beach nourishments, on a cycle of probably two or three years, lends to the project a certain permanency. </li><li>The project would affect the property of others in essentially closing the Lake Worth Municipal Beach and Lake Worth Pier for about one year. </li><li>The project would interfere with public safety by elevating the turbidity of the local waters, so as to raise the risk of shark...</li></ol><strong>In less than 45 days Secretary Sole will come back with DEP's Final Order. Please feel free to contact DEP </strong><a href="mailto:michael.sole@dep.fl.state.us"><strong>michael.sole@dep.fl.state.us</strong></a><strong> or the Governor's office </strong><a href="mailto:Charlie.Crist@myflorida.com"><strong>Charlie.Crist@myflorida.com</strong></a><strong> to encourage them to adopt the Judge's ruling.</strong>Surfrider Foundationhttp://www.blogger.com/profile/08208605261693967386noreply@blogger.com0tag:blogger.com,1999:blog-1257792241191361078.post-87002593088709907742009-03-03T09:46:00.000-08:002009-03-03T13:21:47.266-08:00SURFRIDER WINS CHALLENGE- PERMIT DENIED<em>Judge Determines Harm Outweighs Need for Project</em><br /><br />Palm Beach, FL –Administrative Law Judge Robert E. Meale ruled late yesterday that the Town of Palm Beach be denied a Joint Coastal Permit to nourish Reach 8. One year ago in March 2008, the Surfrider Foundation, Snook Foundation, and three individuals filed suit against the Florida Department of Environmental Protection for approving a Joint Coastal Permit for the Town of Palm Beach to dredge-and-fill Reach 8. The Town of Palm Beach intervened on behalf of the DEP, and the City of Lake Worth and Eastern Surfing Association intervened in opposition of the project. The trial lasted three weeks, ending in October of last year.<br /><br />Reach 8 is one of eleven reaches of beach within the County of Palm Beach. The Town of Palm Beach nourished Reach 7 two years ago costing taxpayers tens of millions of dollars. Reach 7 caused substantial environmental harm to the local coastal resources and has already significantly eroded away. <br /><br />The Town of Palm Beach was proposing more of the same in their attempt to dredge-and- fill Reach 8. Reach 8 extends 1.8 miles and includes beaches within the Town of Palm Beach and the City of Lake Worth. The Town of Palm Beach proposed dredging offshore and filling in 700,000 cubic yards of fill material on Reach 8 directly burying seven acres of nearshore hardbottom reef. <br /><br />The City of Lake Worth maintains a public park within Reach 8 and opted out of the Joint Coastal Permit due to the projects’ potential to harm their environmental resources and local economy dependent on them.<br /> <br />“This is a tremendous win for Florida’s Beaches,” said Chapter Chair Greg Lyon. “To our knowledge, this is the first time that any court in the US has flatly rejected the permitting of an approved dredge-and-fill project due primarily to the potential negative environmental impacts.”<br /><br />The five petitioners proved the dredge-and-fill project would destroy the beach and coastal environment by directly burying reefs, killing marine life, including endangered seaturtles, and overall destabilizing fishing, diving, surfing and other valuable recreational uses of the area.<br /> “The Judge clearly grasped the significance of the geological and biological coastal systems in this area and their rarity. His ruling focused extensively on the overwhelming data from numerous experts that supported the denial of this permit,” said attorney Jane West, whose firm Collins & West, P.A. represented the five petitioners. <br /><br /> Rob Young, Director of the Program for the Study of Developed Shorelines at Western Carolina University and an expert witness in the case expressed admiration for the judge’s ruling. "Judge Meale took a very hard look at the numerical computer model used to predict where the nourishment sand would go, and he strongly criticized its use," Young said. "This same model, GENESIS, is used all over the country for the design of beach nourishment projects. The Judge’s ruling is a serious indictment of that practice."<br /><br />“We look forward to working with our experts and the Florida Department of Environmental Protection to re-examine its policies on beach management and realize these dredge and fill projects can be detrimental to the coastal environment they are alleged to be protecting,” said Ericka Davanzo, Surfrider's Regional Manager in Florida.<br /><br />Judge Meale’s ruling is an order of recommendation to Secretary of the Florida Department of Environmental Protection, Michael Sole, who will now have 45 days to issue the final order.Surfrider Foundationhttp://www.blogger.com/profile/08208605261693967386noreply@blogger.com0tag:blogger.com,1999:blog-1257792241191361078.post-17665440731338926662009-01-30T05:36:00.000-08:002009-01-30T05:38:48.996-08:00Judge still has not issued ruling on Reach 8 beach petitionBy WILLIAM KELLY<br />Daily News Staff Writer<br />Thursday, January 29, 2009<br /><br />Nearly four months after an environmental impact hearing on the proposed Reach 8 beach fill, there's still no word from an administrative law judge on whether the project should go forward. On Oct. 2, Judge R.E. Meale concluded a Florida Department of Environmental Protection hearing to consider a petition filed by environmentalists seeking to block reconstruction of the eroded South End beach.<br />Meale said at the time that he would recommend by Dec. 3 whether a DEP environmental permit should be awarded. But Meale's secretary said Thursday he is still working on his recommended order. Meale did not return a message seeking comment for this story.<br />"It's not uncommon for a judge to take longer than what he or she says," said Reginald Bouthillier, a lawyer with Greenberg Traurig, the firm representing the town against the petitioners. "We don't know what his docket is, we don't know all the other pressures and priorities he's faced with."<br /><br />If the judge recommends the issuance of the permit, DEP Secretary Michael W. Sole would then have 45 days to issue a final order, DEP Press Secretary Doug Tobin said. If the judge recommends denial, the DEP has 90 days to issue a final order, he said.<br />Jane West, a lawyer representing the petitioners, declined to comment.<br /><br />The Snook Foundation, Surfrider Foundation and three individuals filed their petition in March after the DEP sent out a notice of intent to award an environmental permit for the beach fill project. The town says the beach and dunes are vital to protection of oceanfront property from storm damage. The petitioners say the beach is stable, and that the dredge and fill will harm nearshore rock reef.<br /><br />The town proposes to dredge 724,000 cubic yards of sand to restore dunes and reconstruct shoreline at Reach 8, which is between the Ambassador II condominium, 2780 S. Ocean Blvd., and the southern town limit, excluding the Lake Worth Municipal Beach.<br /><br />The town is required to obtain environmental permits from the DEP and the U.S. Army Corps of Engineers before it can rebuild the beach, which it says has not recovered from erosion caused by the hurricanes of 2004 and '05. The Army Corps has notified the town that it will grant the town the federal permit for Reach 8 if the DEP does the same, Town Manager Peter Elwell said. Leah Oberlin, Reach 8 project administrator for the U.S. Army Corps, could not be reached to comment for this story.<br /><br />But time is running out on any chance the town has to rebuild Reach 8 this season, Public Works Director Paul Brazil told the Shore Protection Board earlier this week. Beach reconstruction projects aren't permitted to take place during sea turtle nesting season, which is March 1 through Oct. 31.<br /><br />To move forward in time to mobilize the dredge and other equipment, and complete the work before turtle nesting season begins, the town would need permit approval from the DEP within two weeks, Brazil told the shore board Tuesday. Even if that were to happen, any further legal challenge from the petitioners also would derail any hopes of the project getting done this season, he said. West told the town last year that the petitioners would exhaust every legal avenue to block the project on both the state and federal levels.<br /><br />The town also faces the question of how to finance the estimated $18 million project, which includes $8 million for beach reconstruction and $8 million to build an artificial reef required by the DEP to compensate for marine habitat that would be covered by sand. Options include a bank loan and a bond issue, Brazil said.Surfrider Foundationhttp://www.blogger.com/profile/08208605261693967386noreply@blogger.com0tag:blogger.com,1999:blog-1257792241191361078.post-31746051862270899712008-10-03T09:46:00.000-07:002008-10-07T11:54:08.522-07:00HEARING FINISHED!!!The Reach 8 Administrative Hearing finally came to a close on Thursday October 2 after a three week trial. The challengers of this case, Surfrider, Snook Foundation, 3 individuals, City of the Lake Worth and Eastern Surfing Association are extremely pleased with their case in chief. Collins & West (Surfrider's attorneys) were very successful in highlighting the sloppiness of the Town's consultant (CPE) and the number of inconsistencies in the DEP's Beach Management Program.<br /><br />The process took about 1 year, from the start of the debate the close of the hearing. The case attorneys now have 30 days to submit their Recommended ORders to the Judge. Following their submittal the Judge will likely provide his decision no later than December 3. <a href="http://http://www.palmbeachdailynews.com/news/content/news/2008/10/02/reach8final1003.html">Latest Article.</a><br /><br />The Palm Beach County Chapter Executive Committee would really like to thank all its experts for their time and dedication to our cause. In addition, they want to thank their donors and all the members who have dedicated their time and efforts to see this effort be elevated to this level.Surfrider Foundationhttp://www.blogger.com/profile/08208605261693967386noreply@blogger.com0tag:blogger.com,1999:blog-1257792241191361078.post-6638704985318340822008-10-01T08:24:00.000-07:002008-10-01T08:54:17.926-07:00Surfrider Members & Plantiffs Begin to TestifyA number of local members finally got to testify on behalf of the local Surfrider Palm Beach County Chapter.<br /><div><div><div><br /><div>On Mond<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj7l_mRvO8O6RvVyggQI_Sp9e1xh9LTNnnGnfx3Du4vN9v6IkmgOMOPC3EXkzmdz-9RxN5YuGfnEYnkQnJWt8gejaR-N6O34p_Yf981BYeYnFB4yf2SmHTajak6VC0L7_d2okKs-sIlk2k/s1600-h/underwater+surveying2.jpg"><img id="BLOGGER_PHOTO_ID_5252213341039394594" style="FLOAT: left; MARGIN: 0px 10px 10px 0px; CURSOR: hand" alt="" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj7l_mRvO8O6RvVyggQI_Sp9e1xh9LTNnnGnfx3Du4vN9v6IkmgOMOPC3EXkzmdz-9RxN5YuGfnEYnkQnJWt8gejaR-N6O34p_Yf981BYeYnFB4yf2SmHTajak6VC0L7_d2okKs-sIlk2k/s200/underwater+surveying2.jpg" border="0" /></a>ay afternoon former Chapter Chair Kerri Smith discussed impacts that would occur to members and what other members had voiced to her while she was Chair. She help explain to the Judge surfing terms and why this was important to the Chapter. In addition, Connie Gasque, an Executive Committee member, covered the diving and reefs impacts. Connie has been diligent at taking updated photos of the beaches in both Reach 7 and 8, which have been used throughout this case.<br /><br /></div><br /><div>On Tuesday, Eastern Surfing Association (ESA), Snook Foundation, Captain Danny Barrow, and Terry Gibson took the stand, testifing to their concerns and issues with this project. Captain Barrow showed the economic debacle that would occur to him and other charter fishing guides if this habitat were to be impacted. Terry Gibson, as an individual plantiff who grew up at this beach, did not leave any item left toquestion as he discussed the fishing and surfing impacts to communities that recreate at this beach.<br /><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgdiNWTpzpr35MrTq9MAQlj6BLfcRmd8C1sqXR25inSVlnyK91rJG73PYsKs9wso-pyRr9imeBJPid055vLpZfDJKq7Hne88xMDbAkPFJ5SluIMobtpiY75mkazH1-dlTBdHG9-CNS3kMM/s1600-h/Tom_interview.jpg"><img id="BLOGGER_PHOTO_ID_5252213723977926450" style="FLOAT: right; MARGIN: 0px 0px 10px 10px; CURSOR: hand" height="107" alt="" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgdiNWTpzpr35MrTq9MAQlj6BLfcRmd8C1sqXR25inSVlnyK91rJG73PYsKs9wso-pyRr9imeBJPid055vLpZfDJKq7Hne88xMDbAkPFJ5SluIMobtpiY75mkazH1-dlTBdHG9-CNS3kMM/s200/Tom_interview.jpg" width="162" border="0" /></a></div><br /><div>Tom Warnke called in from Texas to represent the historical importance of this area to ESA and the number of contests over the years that have occurred here, all of which provide valuable revenue to the City of Lake Worth. </div><br /><br /><div></div><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgk1HbxWW56ECCdAdJidBvXozKiFo69OYgqJrhV7uavnM-iId_V00iFfB7KsxY-ZhsxvLmAakQdlKL3dFpskY2Sxp1ssKJLIeLsTjSlZ_kjQRa0C5ckxMxtNr8QO1lYyhko7RVom_buQmE/s1600-h/Reach+8+Before.JPG"><img id="BLOGGER_PHOTO_ID_5252214160278767314" style="FLOAT: right; MARGIN: 0px 0px 10px 10px; CURSOR: hand" alt="" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgk1HbxWW56ECCdAdJidBvXozKiFo69OYgqJrhV7uavnM-iId_V00iFfB7KsxY-ZhsxvLmAakQdlKL3dFpskY2Sxp1ssKJLIeLsTjSlZ_kjQRa0C5ckxMxtNr8QO1lYyhko7RVom_buQmE/s200/Reach+8+Before.JPG" border="0" /></a><br /><div>Brett Fitgerald, the Southeast Coordinator of the Snook Foundation and former Surfrider Vice Chair, did a great job of highlighting the use of the pier and beaches for snook fishing and his role in voting for taking this litigative action. In addition he discussed personal loss to his family and others from the ability to snorkel the nearshore reefs and the ability to teach kids with hands on learning about the ocean habitat. </div></div></div></div>Surfrider Foundationhttp://www.blogger.com/profile/08208605261693967386noreply@blogger.com0tag:blogger.com,1999:blog-1257792241191361078.post-31238569790525690532008-09-30T09:08:00.000-07:002008-09-30T09:13:27.665-07:00Surfrider Economist Shows Flaws in Benefit AnalysisDr. Richard Weisskoff, our economist, is an associate professor who teaches economics in the School of International Studies at the University of Miami. He also is author of the book The Economics of Everglades Restoration: Missing Pieces in the Future of South Florida. Yesterday he challenged a town consultant's assertion that beachfront property values will fall if the beach isn't rebuilt. Portions of Stronge's Reach 8 report were "very disturbing to me, as someone studying the economics of beaches," Weisskoff said.<br /><br />The Town's expert had testified Aug. 27 that failure to rebuild the beach would over time diminish taxable property values by $180 million. But Weisskoff said Stronge's conclusion was based on a 1997 Broward County study in which he found beachfront condos were valued at 17 percent more than identical properties that didn't have a beach.<br /><br />"He didn't take enough factors into account," Weisskoff said. "You have to look at market forces and insurance costs over time to determine the impact of erosion and nourishment on market values."<br /><br />Weisskoff said he persuaded a real estate agent to research the market values of units in one Reach 8 condominium building and found they moved with the market, regardless of erosion to the beach. Even without a wide beach, beachfront condos still are prized for their ocean views — another factor Stronge didn't account for in his assessment, Weisskoff said.<br /><br />Stronge also failed to examine the economic value of "ecological services" reefs provide as storm barriers and for recreation, Weisskoff said.<br /><br />Weisskoff was our last expert witness. The hearing is taking place at the Emergency Operations Center on the third floor of the central fire station. It is open to the public. Tomorrow is likely the last day.Surfrider Foundationhttp://www.blogger.com/profile/08208605261693967386noreply@blogger.com0tag:blogger.com,1999:blog-1257792241191361078.post-40397931639503930602008-09-08T06:29:00.000-07:002008-09-08T12:26:51.622-07:00Important Hearing Update<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhYiELdFQX1GES5ualaRaJimeFOkbP05du7UPcKCNNdIDev1BLBtjfoZvcYwOWFfDxKSEH-qzcqk15t_JBVZpl0e7krcsKia5x7d8SmOZ8yyxJms-Ae6QAPuIS4bdOG4jEbXO2Xufym0h0/s1600-h/legal+team.jpg"><img id="BLOGGER_PHOTO_ID_5243734106573118866" style="DISPLAY: block; MARGIN: 0px auto 10px; CURSOR: hand; TEXT-ALIGN: center" alt="" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhYiELdFQX1GES5ualaRaJimeFOkbP05du7UPcKCNNdIDev1BLBtjfoZvcYwOWFfDxKSEH-qzcqk15t_JBVZpl0e7krcsKia5x7d8SmOZ8yyxJms-Ae6QAPuIS4bdOG4jEbXO2Xufym0h0/s320/legal+team.jpg" border="0" /></a><br /><div>The Hearing will be on hold until Monday, September 29th due to Judge Meale’s schedule. The location will be moved back the Town of Palm Beach’s Emergency Operations Center (EOC) on South County Road, 2nd Floor. There will be an announcement if this changes.<br /><br /><img id="BLOGGER_PHOTO_ID_5243733182912460514" style="DISPLAY: block; MARGIN: 0px auto 10px; CURSOR: hand; TEXT-ALIGN: center" alt="" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgROI5fmwcRnG6vlKh7XlyR-hTeWUVDXj3o7nN4Su6DcQfxZAJyF-Q1n5mm1YBFTclcRIVVh-n1RHzGRw-hwSECfCqT8ugwtyzPgumJ75qxOzq5LjAJxkiZGTy6gKt95Z0ngFG8HnOPcoY/s320/Team+photo.jpg" border="0" /></div>Surfrider Foundationhttp://www.blogger.com/profile/08208605261693967386noreply@blogger.com0tag:blogger.com,1999:blog-1257792241191361078.post-8921379572986174992008-09-08T06:20:00.000-07:002008-09-08T06:28:04.297-07:00Surfrider Geologist Continues to Point Major Flaw in “Compatibility” of Beach Program<div align="center"><br /><br />The ongoing discussion on what is “native” or compatible” sand for the Palm Beach County area came to a head when the Chapter’s expert, Dr. Hal Wanless, Chair of Geological Sciences at University of Miami, clearly identified the rules that require DEP and consultants to match sand to what exists on a beach prior to any cumulative impacts from previous projects in the area. Dr Wanless further pointed out that the offshore borrow area sand data could in no way support or match the "functionality" of the current native sand within the Reach 8 area.<br /><br />“Sand grains can look similar in terms of size and color. However, which do you think would stay longer on a beach in a storm environment, a ping-pong ball or a golf ball? This is the reason why DEP cant just base compatibility decisions on size if you hope for any material to stay on a beach,” said Dr. Wanless.<br /><br /></div><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEheVmUiQAasIYGG8GxZ_C0e56gyyU5qKMcW5tzX0VcUsamp4zx4ql3rcWwgIaB_geuhywke1R0p9_B_NQ8l0Xt-0JT1OmTYZtpQ8IwQFLyUYWencuNQgXIZkGZEpjXeOxLCjlLf30mLox4/s1600-h/native+sand.jpg"><img id="BLOGGER_PHOTO_ID_5243641271039519618" style="DISPLAY: block; MARGIN: 0px auto 10px; CURSOR: hand; TEXT-ALIGN: center" alt="" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEheVmUiQAasIYGG8GxZ_C0e56gyyU5qKMcW5tzX0VcUsamp4zx4ql3rcWwgIaB_geuhywke1R0p9_B_NQ8l0Xt-0JT1OmTYZtpQ8IwQFLyUYWencuNQgXIZkGZEpjXeOxLCjlLf30mLox4/s320/native+sand.jpg" border="0" /> <p align="center"></a>Native Beach Sand<br /><br /></p><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhmEESWvAkJsWaVsS0319MIlVV82SEONNwS45FTJtIpoj1rJbCbFBnzFloVyvOdq1Gw4wPqa7zlqlHX17FZanivGsiCE9aHesIHFxdAuvbERiJtOR-NpDq_XMGLy2drVSJKiCErhyzUKmw/s1600-h/fine+sediment+high+rez.jpg"><img id="BLOGGER_PHOTO_ID_5243641492638191362" style="DISPLAY: block; MARGIN: 0px auto 10px; CURSOR: hand; TEXT-ALIGN: center" alt="" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhmEESWvAkJsWaVsS0319MIlVV82SEONNwS45FTJtIpoj1rJbCbFBnzFloVyvOdq1Gw4wPqa7zlqlHX17FZanivGsiCE9aHesIHFxdAuvbERiJtOR-NpDq_XMGLy2drVSJKiCErhyzUKmw/s320/fine+sediment+high+rez.jpg" border="0" /> <p align="center"></a>Fine Proposed Material</p>Surfrider Foundationhttp://www.blogger.com/profile/08208605261693967386noreply@blogger.com1tag:blogger.com,1999:blog-1257792241191361078.post-26455371810421109572008-09-05T08:12:00.000-07:002008-09-05T08:20:28.144-07:00Chapter's Turtle Expert Points Out AssumptionsDr. Mike Salmon of Florida Atlantic University pointed out very clearly that both the DEP and Town's turtle expert were trying to draw facts from unfounded assumptions. Dr. Salmon made solid points that the Town's expert had used an unfinished and nonpeer reviewed report to try to make his conclusions. In addition he focused on the fact that beach dredging does not ensure turtle nesting success and mitigation reef dont ensure turtle survival since there has never been an scientific literature to prove so. These are all assumptions that the dredging consultants and DEP have tried to use to justify their projects. Check out the <a href="http://www.palmbeachdailynews.com/news/content/news/2008/09/04/webturtleguy0904.html">news article.</a><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgEdKHQOCWSjdTBn-muFNLxGZJwQtR5vJaKBUicL6c3y-zJqhRUrnih3v6kyyHV_TWVDDr4e_RgSH9CzoEWR6oF0XMWYgC7FsYRRChe2yuhdP4VbfJ_XuyntP6gQ3_okTajwZ8N5tWt82g/s1600-h/managled+turtle+from+dredge.jpg"><img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgEdKHQOCWSjdTBn-muFNLxGZJwQtR5vJaKBUicL6c3y-zJqhRUrnih3v6kyyHV_TWVDDr4e_RgSH9CzoEWR6oF0XMWYgC7FsYRRChe2yuhdP4VbfJ_XuyntP6gQ3_okTajwZ8N5tWt82g/s400/managled+turtle+from+dredge.jpg" border="0" alt=""id="BLOGGER_PHOTO_ID_5242557025484439746" /></a>Surfrider Foundationhttp://www.blogger.com/profile/08208605261693967386noreply@blogger.com0tag:blogger.com,1999:blog-1257792241191361078.post-7425119421130210962008-09-03T07:02:00.000-07:002008-09-03T07:08:01.777-07:00Surfrider Biologist Expert Shows Swiss Cheese PermitDr. Charles Peterson of University of North Carolina appeared before the Judge today via video conferencing. His testimony started at 9am and continued until 4:30pm. He made a number of key arguements regarding DEP's proposed permit, including the fact that DEP had not even finished an anaylsis of the Town's monitoriing plan and conditions and that were no listed statutes on turbity requirements. Check out the story at the <a href="http://www.palmbeachdailynews.com/news/content/news/2008/09/02/webpetersonbeach0902.html">Palm Beach Daily News.</a>Surfrider Foundationhttp://www.blogger.com/profile/08208605261693967386noreply@blogger.com0tag:blogger.com,1999:blog-1257792241191361078.post-20919782840255000812008-08-29T06:58:00.000-07:002008-08-29T07:05:04.244-07:00Surfrider Chapter's Experts First Day on the StandFriday, Aug 29 - The Chapter's first expert Dr. Rob Young took the stand to begin developing the geological and coastal processes challenge on the proposed permit. Dr. Rob Young explained to the judge the errors in calculations for the closure depth, modeling and project design as a whole.Surfrider Foundationhttp://www.blogger.com/profile/08208605261693967386noreply@blogger.com0tag:blogger.com,1999:blog-1257792241191361078.post-87043641180897025632008-08-28T10:57:00.000-07:002008-08-28T10:58:31.957-07:00Dredge & Fill Projects Like Reach 8 Don’t WorkReach 8 would be a waste of taxpayer dollars in the millions because these projects don’t work and require frequent maintenance. Poor quality fill easily washes away. Tropical Storms & Northeasters recently illustrated how the use of poor quality dredged material is ill-advised.<br /><br />Two examples are:<br /><br />(1) The recently washed-away 2006 dredge and fill project by the Town of Palm Beach at Reach 7 (Phipps Park to the Par Three Golf Course);<br />(2) The recently washed away 2006 dune restoration project by the Town (within Reach 8), which was constructed of 6,000 truckloads of the same poor quality dredged material and caused increased unmitigated impacts to nearshore hardbottom in Reach 8.<br /><br />Surfrider Foundation would posit that a false sense of security is being given to coastal residents who allow poor material to “protect” their property.<br /><br />The Town of Palm Beach’s Project is also currently before the Army Corp, whom has not yet approved this project permit.Surfrider Foundationhttp://www.blogger.com/profile/08208605261693967386noreply@blogger.com0tag:blogger.com,1999:blog-1257792241191361078.post-37292964167408369602008-08-28T10:53:00.000-07:002008-08-28T12:24:28.153-07:00Surfrider Offers Settlement to Town of Palm BeachTown of Palm Beach Snubs “Reach 8” Olive Branch<br /><br />PALM BEACH August 27th- Rumors that the Surfrider Foundation, Snook Foundation and three individuals challenging the Reach 8 dredge-and-fill project had “initiated” the settlement are untrue. Surfrider et al. had simply returned to the table Friday afternoon with a written compromise, similar to those offered at various intervals in this fight, after the Town attorneys’ last-ditch request for a settlement option. A press conference will be held today to discuss the case and the proposed settlement terms.<br /><br />Time:<br />12:10pm, Wednesday, August 27, 2008<br /><br />Location:<br />Palm Beach Town Hall Steps, 360 South County Road, Palm Beach, FL<br /><br /><br />In the interest of keeping engineers and lawyers from fleecing Palm Beach taxpayers of upwards $20 million, the Town still refused the settlement offer. Surfrider et al. have rock-solid evidence proving that the project designed by Coastal Planning& Engineering (CPE) is fatally flawed. “The only possible result of this project is the destruction of the beach/reef ecosystems, displacement of surfing/fishing/diving communities, and a colossal waste of Town and State tax dollars” said plaintiff Captain Danny Barrow.<br /><br />The Chapter had also offered the Town possibly the best collection of coastal science minds in the Country, to explore the most sustainable and cost-effective ways to manage and balance the Town’s coastal resources.<br /><br />The administrative court process is not the only or last place the project is likely to be challenged. “The federal (Army Corps) permit still has not been issued, and the petitioners will challenge its issuance if necessary” said Petitioners’ attorney Jane West. Win, lose or draw, these decisions will likely face appeals by either losing both party. This is a process that could have been avoided by the Town. However, now the end is nowhere in sight.<br /><br />The trial will carry on at the Town of Palm Beach, Emergency Operations Center, 355 South County Road, Palm Beach, Florida. The trial will continue through 29, September 2 through 6, and Sept 8 to 12, 2008.Surfrider Foundationhttp://www.blogger.com/profile/08208605261693967386noreply@blogger.com0tag:blogger.com,1999:blog-1257792241191361078.post-78450857253201328952008-08-28T10:48:00.000-07:002008-08-28T12:22:48.594-07:00Surfrider Trial Hearing Kicks off Monday August 25PALM BEACH August 25th- After three years of strenuous work to protect the historic surfing, diving and fishing areas near the Lake Worth Pier, the Palm Beach County Chapter of the Surfrider Foundation goes to court over the Department of Environmental Protection’s and Town of Palm Beach’s planned $15 million dredge-and-fill project. The trial starts Monday at 9am at the Town of Palm Beach, Emergency Operations Center, 355 South County Road, Palm Beach, Florida. The trial will go from August 25 through 29, September 2 through 6, and Sept 8 to 12, 2008.<br /><br />This is the first time in US history that a beach fill project will be challenged in court. The Chapter is joined by the Snook Foundation and 3 individual local plaintiffs. The Snook Foundation is dedicated to protecting Florida’s Essential Fish Habitat. Tom Warnke, Terry Gibson and Danny Barrow are local watermen who grew up fishing, surfing and diving in this area. Mr. Warnke is the District Director of the Eastern Surfing Association’s Palm Beach County District, Mr. Gibson is Fishing Editor of Florida Sportsman Magazine, & Capt. Barrow is a longstanding fishing charter operator. In addition, the Eastern Surfing Association and the adjacent City of Lake Worth have joined as interveners in the case to support protecting these priceless environmental and recreational assets.<br /><br />The intent of the Surfrider and Snook Foundation suit is to stop a project permit which threatens to destroy valuable and irreplaceable near-shore ecosystem and is not in the public’s interest. The project is expected to surround the Pier area with poor-quality, silty dredged material. Lake Worth's pier fishing, along with its world-renowned diving reefs in the northernmost area of the Caribbean's coral reef ecosystem, would be severely harmed, and at least six surfing peaks would be damaged.<br /><br />The Chapter had offered the Town possibly the best collection of minds in the Country in coastal science, to explore the most sustainable and cost-effective ways to manage the region’s coastal resources with no avail. These experts will now be defending the Chapter and include the following:<br />Dr. Charles Peterson, Duke University<br />Dr. Hal Wanless, University of Miami<br />Dr. Orrin Pilkey, Duke University<br />Dr. Mike Salmon, Florida Atlantic University<br />Dr. Kenyon Lindeman, Florida Institute of Technology<br />Dr. Robert Young, Western Carolina University<br />Dr. Randy Parkinson, RWP Consultants, Inc.<br />Dr. Richard Weisskoff<br /><br />A visit to Phipps Ocean Park just north of the project area shows the outcome of where $8 million was spent “nourishing” a stretch of beach. Within two years the reef rock, fine sands and silt the consultants guaranteed as “beach compatible” is mostly gone. This outcome also includes nearshore reefs that are near dead, turbidity remains a chronic issue for corals and the fishing/surfing resources and the revenue at the Lake Worth beach/pier are negatively affected. The Reach 8 project promises more of the same short comings.Surfrider Foundationhttp://www.blogger.com/profile/08208605261693967386noreply@blogger.com0