STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: APPLICATION OF CAPTIVA ) EROSION PREVENTION DISTRICT AND )

SOUTH SEAS PLANTATION LAND COMPANY. ) CASE NO. 76-699

)

HEARING OFFICER'S REPORT

This matter came before the Division of Administrative Hearings on the request of the Department of Natural Resources for this Division to conduct an administrative hearing relative to the application of the above-captioned parties to construct certain breakwaters on Captiva Island, Lee County, Florida. The Department of Natural Resources has received this application under the requirements of Chapter 161, Florida Statutes. The applicants propose to construct two rock groins at the northern end of Captiva Island. It is proposed that a rock groin be constructed 400 feet seaward of the mean high water line into the Gulf of Mexico. A second groin is proposed to extend approximately 100 feet into Pine Island Sound adjacent to the South Seas Plantation Marina entrance channel. After due notice, a public hearing was held at the Captiva Island Community Center on June 3, 1976. It should be noted that this hearing was conducted jointly by this Division and the U.S. Army Corps of Engineers. At this hearing the Corps of Engineers was represented by Lt. Col. Richard W. Stevens, Jacksonville, Florida.

The hearing was attended by approximately 100 people including representatives of the applicants, state and federal agencies and members of the general public. An opportunity was presented for all interested parties to present their views and opinions relative to the merits of this permit application. At the commencement of the hearing the respective roles of the United States and of the State of Florida were explained to the applicants and to the general public. Following that, the applicants, through their representatives and agents, were given the opportunity to make a presentation regarding the merits and reasons for this application following which other parties were given the opportunity to present their views.

As proposed, the breakwaters are designed to help alleviate a substantial erosion problem occurring on the gulf side of Captiva Island. On behalf of the applicant a presentation was made by William Dexter Bender of Duane Hall Associates, Ft. Myers, Florida, which illustrates the severe erosion problems that are taking place upon Captiva Island. Historically, Captiva Island had been undergoing erosion problems for quite some time. Mr. Bender explained that the prevailing currents and wave forces had tended to erode what at one time was the approximate center of Captiva Island. This erosion continued until the hurricane of 1926 which created sufficient pressures for the waters to breach Captiva Island. This resulted in the creation of Red Fish Pass which now separates Captiva Island from North Captiva Island. Prior to 1926, Captiva Island and what is now called North Captiva Island were one continuous unbroken island. Red Fish Pass connects the Gulf of Mexico with Pine Island Sound.

On the Gulf shore of Captiva Island the littoral drift of sand and debris occurs in a North to South transportation of material. This means that sand and debris are generally transported in thin area from the shore around North

Captiva Island southerly toward Captiva Island. Generally, in a non-eroding beach, the sand that will be transported by the currents would be replaced by material moving into the same area. However, since the hurricane of 1926 which resulted in the creation of Red Fish Pass, the littoral material that would normally be drifting onto Captiva Island has become captured by the currents created as the tides ebb and flow through Red Fish Pass. The sandy material that would normally replenish the beaches of Captiva Island as the prevailing currents send those materials in a generally Southern route, are now deposited offshore within the Gulf of Mexico and Pine Island Sound; never arriving at the beaches of Captiva Island.

Since the 1926 hurricane it has been estimated that in some locations the beach has eroded up to 700 feet inland. This dramatic erosion is caused by the lack of replacement of littoral material due to the offshore and bayward transport of those materials caused by the currents which ebb and flow through Red Fish Pass.

Furthermore, at the northern tip of Captiva Island, the shoals and effect of the pass itself cause a reversal of the typical littoral drift on the northern end of Captiva Island in a South to Northerly direction. This further erodes the northern tip of Captiva Island and displaces much of the beach material into the pass and around to the eastern shore of Captiva Island.

It is projected that the placement of the two proposed groins or breakwaters will capture much of this littoral material which is being transported from the northern end of Captiva Island into Red Fish Pass and which then accumulates and clogs the entrance to the marina at South Seas Plantation. It is projected that the groin proposed for the gulf side will alleviate the erosion problems from the northern end of Captiva Island to a point approximately 2,500 feet southward along the beach. It is not expected that this breakwater will have any detrimental effect upon the beaches nor will the breakwater significantly reduce the amount of erosion that is occurring on the rest of Captiva Island.

The proposed breakwaters are planned to be at approximately the level of mean high water. The proposed groin at the mouth of the marina will be slightly over a foot above mean high water and the proposed groin for the gulf side will be somewhat below the elevation of mean high water at its outermost end and somewhat above mean high water toward the shore. The groins in the Gulf of Mexico are proposed to be marked by two signs.

At this hearing, Captiva Preservation, Inc. and the Florida Audubon Society made a presentation in opposition to the application. Following which members of the public were called upon to make individual presentations. Approximately

20 individuals did so, most of whom were residents of Captiva Island. After listening to all the testimony, considering all exhibits and slides presented at the hearing, it is the finding of this Hearing Officer that the proposed breakwaters will have no adverse effects upon the resources of the State and would be in the public interest to install. However, it appears that the proposed breakwaters, particularly that for which permission is sought in the Gulf of Mexico, will be hazards to navigation and should be marked so as to not to pose a threat to mariners and other small boatmen.

Specifically, the breakwater proposed for the Gulf of Mexico should be sufficiently lighted at night to give adequate warning to those navigating in the vicinity of Red Fish Pass. Although testimony was presented that the proposed breakwater would be no greater threat to navigation than the shoals

that already exist in the area, it is clear from the presentation at this hearing that those shoals are composed of sand whereas the proposed breakwater will be composed of rock. While a boat running upon a sand shoal may suffer no great harm it appears clear to this Hearing Officer that any vessel that runs upon the proposed breakwater would be severely damaged.

Several of the objectors to the permit application stressed that it was impossible to predict how the proposed breakwaters would actually effect the dynamics of the shoreline in the immediate and remote areas of Captiva Island. It was stressed by these parties that son1 consideration should be made for a condition that this project be monitored so that any unforeseen harm caused by the breakwaters can be corrected by making adjustments or removal of the structure if necessary. The applicant, South Seas Plantation Land Company, has stated that should the proposed structures prove to be detrimental they are prepared to remove all or part of the offending portion. Although it is not anticipated that any harm will be caused by these groins this permit should be granted on the condition that the applicant, South Seas Plantation Land Company, should bear the burden of their removal or modification if necessary.

Furthermore, the Department of Natural Resources should from time to time do an on-site inspection of the proposed breakwater and should the need arise, the Department should then take whatever steps are necessary to require that corrective measures be taken.

It is therefore RECOMMENDED that the permit applications be granted with the conditions that the breakwater on the gulf side of Captiva Island be lighted at night and that after the placement of these structures is completed, the Department of Natural Resources together with the applicants monitor the effect of these structures on a routine basis to determine if corrective measures are necessary.

Respectfully submitted this 16th day of June, 1976, in Tallahassee, Florida.

KENNETH G. OERTEL, Director

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Honorable Reubin O'D. Askew Governor

State of Florida The Capitol

Tallahassee, Florida 32304

Docket for Case No: 76-000699

Orders for Case No: 76-000699