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Luring the lana clearing• procaos, it ::as found that a portion of the site was -a wetland= consequently, the Army Corps of Engineers; (ACOE) reviewed the property, claiming wetland regulatory! jurisdiction. In coordinating with ACOE field personnel, both parties agreed *on a wetland alteration -mitigation plan which,; entailed the removal of exotic nuisance vegetation (Brazilian_: pepper) along the canal banks, to be replaced with mangroves and marsh cord grass (Spartina.spp.). To accommodate the mangrove and spartina plantings, Mr. Schlitt regraded the canal bank to the south of the property to a shallow, slope. As a permit condition, the ACOE had required the use of silt screens as part of the bank restoration. Moreover, based on complaints by Rockridge residents that erosion and siltation of the canal was occurring, the ACOE has since required the installation of filter cloth over the canal banks to further reduce erosion. Although the canal banks cleared by Mr. Schlitt are in the unincorporated county, no land clearing or mangrove alteration permits were issued by tho'county. While Mr. Schlitt did submit a mangrove alteration permit to the county in October, 1990, his application was nbt processed, and his permit fee was refunded. This was done based on a staff determination that the mangroves associated with the wetland to be filled were in the city limits, and therefore not within county regulatory jurisdiction. As indicated in* the attached letter, Rockridge P.O.A. representatives contend that a violation of the .county's land clearing regulations has occurred on that portion of the property cleared along the canal banks, within the canal right-of-way. The P.O.A. has requested that the Board of County Commissioners require Mr. Schlitt to replace the mature vegetation that was removed, and require -the removal of eroded soil from the canal. ALTERNATIVES & ANALYSIS: Indian'River County has regulatory authority over only the portion of the land clearing that has encroached within the canal right -of - way. - - Since the canal -bank is within county jurisdiction, it is staff's position that a land clearing permit was required for the clearing which occurred. Staff have contacted Mr. Schlitt, and he is applying for an after -the -fact county land clearing permit. In visiting the site and talking with the ACOE field inspector, it appears that the only vegetation removed within the canal right-of- way was Brazilian pepper. Mangroves existing along the bank remain undisturbed.• While erosion/siltation may have occurred earlier in the canal alteration process, the bank of the north -south canal is now stabilized with filter cloth. The east -west canal bank has been planted•with mangroves, with a row of rock at the base of the plantings along the water's edge. As for the vegetation removed from the canal bank, it should be noted that. Brazilian pepper is not protected vegetation under county regulations. In fact, the county has policies requiring the removal of Brazilian pepper in conjunction with site development, in that it is ecologically undesirable, out -competing preferred native vegetation. For that reason, the county would not only have approved a land clearing permit application for the canal bank; the county would have encouraged the vegetation removal. As part of the after -the -fact land clearing permit, Mr. Schlitt will be required to provide adequate erosion control. Staff will review his application carefully to ensure erosion control measures are implemented and maintained.. Although Rockridge P..O.A. representatives want the county to require Mr. Schlitt to replace the mature vegetation along the canal bank to provide a green buffer between the Schlitt property and Rockridge residences, Indian River County *has .no' regulatory authority to require the replacement of the removed Brazilian pepper. Moreover, the mangroves to be planted will eventually mature and provide greenery. 37 H GV 0 5 1991