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2005-001
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2005-001
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Last modified
6/30/2016 1:04:18 PM
Creation date
9/30/2015 7:26:30 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/04/2005
Control Number
2005-001
Agenda Item Number
7.S.
Entity Name
Florida Department of Environmental Protection
Subject
Memorandum of Agreement Habitat Conservation Plan
Archived Roll/Disk#
4000
Supplemental fields
SmeadsoftID
3715
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measures initiated under THE COUNTY' s emergency authorization, as long as THE <br /> COUNTY abides by all conditions set forth in its ITP; and <br /> WHEREAS, Iocal. authorization for emergency shoreline protection is but an <br /> initial step in providing for the longer-term protection of eligible structures from <br /> unanticipated and acute erosion caused by major coastal storms; and <br /> WHEREAS, it is desirable for THE COUNTY and affected property owners to <br /> receive federal authorization for takes over the life of a shoreline protection project <br /> initiated under an emergency permit. <br /> NOW THEREFORE, the parties hereto commit to formalize the permitting <br /> relationship between THE COUNTY and THE DEPARTMENT, through THIS <br /> AGREEMENT, and agree to abide by the following conditions. <br /> 1 . THE DEPARTMENT acknowledges that pursuant to THIS AGREEMENT, all <br /> federally-approved measures for marine turtle protection contained in THE <br /> COUNTY' s HCP shall preempt and supersede those required by THE <br /> DEPARTMENT as set forth in 6213-33 .0051 , FAC . <br /> 2 . Property owners authorized by THE COUNTY to implement emergency shoreline <br /> protection measures shall be held harmless by THE DEPARTMENT for the take of <br /> marine turtles as a result of their shoreline protection activities, as long as all <br /> conditions of the emergency permit issued by THE COUNTY are abided by. <br /> 3 . THE COUNTY shall issue permits for emergency shoreline protection for structures <br /> in accordance with the "Rules & Regulations" set forth in Attachment A. THIS <br /> AGREEMENT shall serve as THE Department' s written determination that said <br /> Rules & Regulations comply with state law, with the exception of provisions for <br /> marine turtle protection contained in Chapter 6213-33 .0051 , FAC. <br /> 4 , THE COUNTY shallimplement appropriate measures to minimize and mitigate <br /> impacts to marine turtles associated with emergency shoreline protection activities as <br /> set forth in its HCP. Furthermore, THE COUNTY shall abide by all conditions <br /> contained or referenced in its Section 10 ITP issued by the USFWS . <br /> 5 . THE COUNTY shall notify THE DEPARTMENT in writing by the most expeditious <br /> means available when it has declared an emergency pursuant to criteria and <br /> conditions set forth in Attachment A. Notification of an emergency shall include <br /> documentation from the County Commission authorizing the declaration of <br /> emergency and shall provide the date and details of the storm event that created the <br /> emergency. <br /> 6 . Upon determination that a structure is eligible for an emergency permit, THE <br /> COUNTY shall notify THE DEPARTMENT in writing within 3 working days. This <br /> notification shall provide the location of the affected property, characterize the <br /> 2 <br />
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