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2005-001 (2)
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2005-001 (2)
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Last modified
8/1/2017 3:16:15 PM
Creation date
3/17/2016 12:25:26 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
Incidental Take Permit for Incidental Take of Marine Turtles
Subject
Memorandum of Agreement
Emergency Shoreline Protection
Area
Habitat Conservation Plan
Alternate Name
Sea Turtle Nesting
Supplemental fields
Meeting Body
No data from migration
Meeting Date
1/4/2005
SmeadsoftID
3714
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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 m Paragraph 9 above, THE <br />DEPARTMENT shall expedite processing of the permit apphcation 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 structure 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 imtiated 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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