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C7 <br />4b <br />03;15/1999 16:11 850-4138977 FDEP P"GE <br />117. While this agreement remains In effect, the Summerolace Petitioners may <br />backfill behind tttejr existing Bulkhead with beach -compatible sand, provided that sucli <br />backfilling of sand either does not destroy existing vegetation or that -the Summerolaoa <br />Petitioners offset the impacts of such vegetation destruction by replacing the destroyed <br />vegetation with an equivalent number and quality of salt -tolerant native vegetation that <br />is appropriate for the location, provided any such activity does not occur seaward of the <br />existing Bulkhead during the marine turtle nesting season (March 1 through October <br />31). <br />128. While this agreement remains in'effect, the Summerolace Petitioners may place <br />a temporary wooden cap on their Bulkhead. The Summerolace Petitioners will forego <br />making any modifications to their Bulkhead that are not expressly allowed in this <br />agreement, except that.the Summerolace Petitioners may remove their Bulkhead at any <br />time so long as they do not cause a "take" of marine turtles in the process and no <br />construction activity or heavy equipment usage occurs seaward of the existing <br />Bulkhead during the marine turtle nesting season (March 1 through October 31). <br />2418. While this agreement remains pending, CCC will forgo taking any step to <br />commence any form of litigation against any of the other parties to this agreement <br />regarding matters that would be mitigated for by the proposed NCP, and will abate the <br />CCC lawsuit pending the completion of the HCP and issuance of the above-described <br />section 10 permit, Upon the completion of the HCP and Issuance of the section 10 <br />permit, CCC will dismiss the CCC lawsuit. <br />lou <br />