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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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14. Upon receipt of a complete application for the retention of a temporary emergency <br /> structure or alternative protection as set forth in Paragraph 9 above, THE <br /> DEPARTMENT shall expedite processing of the permit application and shall provide <br /> immediate assistance to THE COUNTY and applicant. The review process shall <br /> consider all applicable portions of Section 161 , Florida Statutes, and all rules <br /> pertaining thereto, including adverse impacts of the proposed permanent structure on <br /> the coastal system, downdrift properties and native vegetation. Insofar as THE <br /> COUNTY will have an ITP authorizing take of marine turtles and agrees to abide by <br /> all conditions relating to marine turtle protection contained in its HCP, adverse <br /> impacts to marine turtles and/or their habitat shall not be used by THE <br /> DEPARTMENT as a basis for denying a permit for a permanent structure. THE <br /> COUNTY' s Coastal Engineer shall assist THE DEPARTMENT in obtaining site- <br /> specific information germane to the review of permit applications for permanent <br /> structures pursuant to this paragraph. <br /> 15 . Notwithstanding issues related to marine turtle protection, as described in Paragraph <br /> 14 above, THE DEPARTMENT shall exercise sole control over all aspects of the <br /> permitting of permanent shoreline protection structures initiated under this <br /> Agreement, <br /> 16. If THE DEPARTMENT issues a permit for the retention of a temporary structure or <br /> alternative protection, removal of the temporary structure and/or construction of the <br /> permanent structure shall occur outside of the sea turtle nesting season, unless <br /> otherwise provided for in THE COUNTY' s HCP . If THE DEPARTMENT denies <br /> the permit application, the temporary structure shall be removed at the direction of <br /> THE COUNTY in accordance with provisions contained in the HCP. <br /> 17. Permanent structures permitted by THE DEPARTMENT shall not be located farther <br /> seaward than the temporary structures authorized by THE COUNTY under <br /> emergency permit unless there are no reasonable alternatives that would provide for <br /> the adequate protection of an eligible stricture and a more seaward placement is not <br /> contrary to state rules and regulations. <br /> 18 . This Agreement shall become effective on the date that the USFWS issues THE <br /> COUNTY an ITP for the take of marine turtles causally related to shoreline <br /> protection measures initiated under an emergency permit issued by THE COUNTY. <br /> THE COUNTY shall provide THE DEPARTMENT with a copy of the ITP and HCP <br /> within five (5) working days of receipt of the ITP. In the event that THE COUNTY <br /> does not receive an ITP from the USFWS, this Agreement shall be rendered null and <br /> void. <br /> 4 <br />
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