SPANISH FORT — The U.S. Army Corps of Engineers issued a cease and desist order last week pending a determination by the Alabama Historical Commission for the development of piers at the site of the future Shellbank Landing condominiums.

Kim Lea of Lea Diving and Salvage Company said developer Dent Boykin contacted him to determine whether there was a hazard in the water where new boat piers were to be built.

The piers will be built in front of the future Shellbank Landing condominiums located at the base of the bluff on Blakeley River in Spanish Fort, near the Mobile Bay Causeway.

Lea surveyed the area and found what looked like an existing boat hull, he said.

It is now up to the Alabama Historical Commission to determine whether the vessel will be considered historical. According to Boykin, the Commission has not confirmed a date for when the determination will be made.

It was on the second day Lea was surveying the vessel when area residents showed up at the site and began to tell him what they thought it was — the Chiquimula, a four-masted schooner.

“One guy from Spanish Fort bought an aerial photograph of the old vessel,” Lea said.

The Chiquimula was once captained by Capt. James Buffett, grandfather to singer Jimmy Buffett and his sister Lucy Buffett, owner of Lulu’s at Homeport Marina of Gulf Shores.

“We knew (the sunken vessel) would be a dangerous thing to have out there,” Boykin said. He wanted to make a survey of the boat to see how far it extended out and if it was one solid piece, since it had burned down to the waterline. Measurements were to be taken of everything in and out of the water, he said, as well as the shape of the hull and how deep it went.

Boykin said he learned that sometimes shipping companies would abandon ships, barges and tugboats up in the Delta when they were not usable anymore.

In was in1939 when the shipping company left the Chiquimula in the Delta to be moored. However, due to high water, it drifted and ended up in the Tensaw River. It was common practice for shipping companies to abandon ships because they were becoming obsolete.

According to Boykin, since the vessel was not in good condition, it was moved to the Shellbank Landing area and later burned to the waterline in 1953.

The Mobile Preservation Commission was contacted by Boykin and they said they had no knowledge of the vessel.

Boykin then contacted the Alabama state archeologist Stacy Hawthorn, and he told her about the intended survey and how sample pieces of wood would be catalogued and photographed. She asked for copy of the report.

Lea set about determining the size of the vessel and what materials had been used to build it. He found one-inch diameter iron rods from the vessel, which were immediately put back in the water to the area.

“We just had a potpourri from different vessels and boats,” Lea said, including his other finds included soda cans, beer bottles and charred wood.

Then, the Historical Commission of Alabama contacted the Mobile District of the U.S. Army Corps of Engineers who issued a cease and desist order last Thursday.

“We have turned it over to the Alabama Historical Commission. The Historical Commission will make a determination and let the Corps of Engineers know whether the vessel is historical or not,” said Lisa Coghlan, U.S. Army Corps of Engineers Public Affairs Specialist for the Mobile District. “But, right now we are waiting to hear back from them and then we will move forward.”

A permit is needed when you build out into the water, she said.

However, Lea said he is not sure if the boat would be considered historical.

“The biggest value was that it was captained by the singer Jimmy Buffett’s grandfather,” he said.

Lea said Jimmy Buffet has written several songs about being connected to that vessel through his grandfather.

“I don’t know if that’s historical, but it is noteworthy,” he said.

Lea said since Spanish Fort wants to grow anything that will highlight this area is important.

“(The Chiquimula) has the history of this area,” Lea said.

It was made in Pascagoula with yellow pine, a tree that is indigenous to this area and was abandoned in Spanish Fort, he said.

Boykin deserves an “A plus” for his effort, said Lea.

“I know the developer only had the best intent for this,” he said.

He described Boykin as extremely conscientious about preserving the environment and public safety, telling him to preserve the vessel and not destroy it. There is a filter fabric guard and small buoys around the area to help prevent any accidents.

Lea has been a commercial hard hat diver for 31 years, beginning his career by diving in the North sea between Europe and England, where 28 degrees was the normal water temperature.

One area of expertise his company offers is working on sunken vessels and/or objects, Lea said. Lea studied archeology courses at a commercial diving school and at the University of South Alabama.

Boykin and Lea both agreed that the site would be a perfect place for an archeology school to do a study.

As far as construction of the condominiums at Shellbank Landing, Boykin said phase one construction should begin within the next two months. As to the decision of whether the schooner is historic, Boykin said he is in no hurry since the boat has been underwater for 50 years.