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40 <br />03/15/1599 16:11 850-4138977 FDEP PAGE 18 <br />V <br />INTERIM AGREEMENT <br />WHEREAS the State of Florida Department of Environmental Protection <br />(Department) has exclusive jurisdiction to issue coastal construction control line <br />('CCCL') permits under chapter 161 of the Florida Statutes to authorize permanent <br />structures seaward of the CCCL In Indian River County, Florida; <br />WHEREAS Dirk and Brenda Parvus, Anne E. Strand, Peter J. Trimarche, E. <br />Bruce and Patricia N. King, Richard T. and Louise S. Simpson, and R. Seth McCoy <br />("She SummernIgce Petitioners') applied for permit number IR -512 ATF for an after-the- <br />fact� Department permit to authorize an existing steel sheen pile bulkhead ('Bulkhead') <br />seaward of the CCCL in Indian River County across six (6) adjacent and contiguous <br />parcels owned by the Summemlace Petitioners, which application was denied by the <br />Department in part because the Bulkhead was determined by the Department to cause <br />a "take" of endangered marine turtles; <br />WHEREAS the Bummerolece Petitioners have jointly filed a petition with the <br />Department challenging the Department's denial of permit application number IR -512 <br />ATF, which case is currently pending at the Division of Administrative Hearings <br />("DOAH") as DOAH Case Number 98-3501; <br />WHEREAS Lanv C 92ratner and Cheryl I Gerstner ("the Gerstner Petitioners') <br />=:pliad'eaOf in w-Lme-race modification to Departm2nt permit number IR -511 to <br />awhirize an existin0 steel sheet vile bulkhead ("Bulkhead") placed further seaward of <br />the CCCL in Indian River County on a parcel owned by the Gerstner Petitioners than <br />was authorized In 18-511. whigh application for modification was denied by the <br />