Resident could sue over coastal construction during sea turtle nesting season (SAR)

Kudos to environmental attorney Jane West, her law firm and their client, Nancy Condron, for speaking out on behalf of endangered turtles. Emphasis needs to change to natural means of armoring coasts, including mangrove trees, which now grow as far north as the Guana-Tolomato-Matanzas National Estuarine Reserve (GTM-NERR)>





Resident could sue over coastal construction during sea turtle nesting season


By Jake Martin
Posted May 25, 2018 at 9:40 PM
Updated May 27, 2018 at 6:32 AM

A Ponte Vedra Beach resident put three regulatory agencies on notice recently that she intends to challenge construction of emergency coastal armoring in northern St. Johns County that has continued into sea turtle nesting season.

Attorney Jane West, on behalf of client Nancy Condron, sent a 60-day notice of intent on May 8 to the Florida Department of Environmental Protection, Florida Fish and Wildlife Conservation Commission and United States Fish and Wildlife Service, informing the agencies they are prepared to sue over what they believe constitutes the non-permitted “taking” of listed sea turtles and non-enforcement of relevant regulations.

The notice claims FDEP’s issuance of permits for the construction of coastal armoring, allowed by the department’s Emergency Final Order following Hurricane Irma and ensuing extensions, violates the Federal Endangered Species Act, or ESA.

“The construction activity currently occurring in St. Johns County for the placement of sand, sand bags, Geotubes and/or other coastal armoring structures, both temporary and permanent, during turtle nesting season violates Section 9 of the ESA for the unpermitted ‘take’ of ESA-listed Loggerhead, Green, Leatherback and Kemp Ridley sea turtles,” West’s notice reads. “FDEP has failed to comply with ESA permitting and mitigation requirements for the coastal armoring activity that is resulting in a large-scale take of threatened and endangered species habitat.”

The term “take” is defined broadly in the ESA to include “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect.”

The notice also claims the FWC and FWS are knowingly permitting construction of structures that, based on both agency expertise and eyewitness accounts, is “highly likely” to result in takings of both nesting and hatchling sea turtles.

Condron, an oceanfront homeowner and active member of sea turtle patrol, lives on Ponte Vedra Boulevard with coastal construction going on north and south of her property.

The notice says she seeks an expeditious resolution that contemplates zero construction activity for coastal armoring during sea turtle nesting season, together with immediate modification of permits reflecting time constraints for construction activity. She also seeks permitting only for natural coastal preservation methods as an alternative to seawalls.

“Should seawalls be necessary to prevent the imminent collapse of residential structures, such permitting shall be allowed only if the seawalls are located as far landward as practicable, together with other measures that are deemed necessary for the conservation of sea turtles in St. Johns County,” the notice continues.


Listed in the notice are 145 addresses in northern St. Johns County where documented activity is occurring, which includes 24 sites on Ponte Vedra Boulevard, 66 sites on South Ponte Vedra Boulevard and 55 on Coastal Highway.

The notice says West and Condron are “amenable” to discussing a pre-suit settlement, but that time is “of the essence” as nesting season has already begun.

West told The Record on Friday morning she had yet to hear back from any of the agencies. She said they would plan to proceed with a civil action in federal court to compel agency action if they do not hear back within the 60-day window.

Dee Ann Miller, a spokeswoman for FDEP, said that the department had not yet filed a response as of end of day Friday. She said she could not comment on the notice or the claims made therein, as the matter is still pending.

However, the department provided a copy of an email it sent to permit holders Friday morning, informing them there would be no additional extensions of time to continue work on sandy beach, including access areas and travel corridors, beyond May 31.

Included was a copy of a letter FDEP had received from the FWC on Thursday saying it was the commission’s opinion that allowing work after May 31 would result in an “increased likelihood” of incidental take and that no permit conditions would “sufficiently minimize” that likelihood. It said permitted projects must therefore cease by May 31.

As written in FWC’s letter: “The project site must be cleaned up to ensure that no risks to turtles remain, such as the sand smoothed with no holes (including filling in any dug trenches), ruts, tracks etc, and all debris removed prior to May 31st, 2018. If the wall is constructed (with sheeting and return walls), work behind the wall can continue as long as no work occurs seaward of the wall that requires heavy equipment on the beach and no modifications to the beach sand seaward of the wall occurs (such as sand placement, excavation, etc.).”

The commission said unfinished work could be re-initiated starting Nov. 1.

Sea turtle nesting season commenced May 1 and extends through Oct. 31.