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40 <br />03/15/1959 36:11 <br />850-4138977 <br />FDEP <br />PAGE 19 <br />Deoartment in part <br />because the <br />Bulkhead was determined <br />by the Department <br />to cause <br />a `take" of endangered marine turtles <br />WHEREAS the Gerstner Petitioners have jointly filed a Petition with the <br />Department challenging the Degertment's denial of an application for an after-tho-fact <br />moddicedlon to Dwotment permit number IR -51 1. which rasa is currentiy pending at <br />the Division of AdministrItive Hearings ('MH*) as DOAK Case Number 97-4262 and <br />the Gerstner Petitioners have iointly tiled a reguest for review with the Florida Land and <br />Water Adiudicatory Commission (FLAWAC) challenging that same Department denial <br />which case is currently Dendino at FLAWAC as FLAWAC Case Number DEP RFR 97. <br />MA <br />WHEREAS Indian River County, Florida ("County) has jurisdiction to issue <br />permits for temporary emergency armoring structures and other certain allowable <br />emergency protection measures under section 161.085(3) of the Florida Statutes and <br />Rule 628-33.0051(5), F.A.C., to authorize temporary armoring structures and other <br />emergency protection measures seaward of the CCCL in Indian River County; <br />WHEREAS the County issued a permit for a temporary emergency armoring <br />structure to temporarily authorize the Summerolace Petitioners' Bulkhead for sixty (60) <br />[''f[iLI a r�.. a ,� _�i►. <br />structure to tam_+r_ ar;t.; ;;,+;; ;; iza ; a Garsiner Retitionare' Bulkhead for sixty (60) days: <br />WHEREAS the Caribbean Conservation Corporation and its related entity Sea <br />Turtle Survival League (hereafter referred to collectively as "CCC"), which is dedicated <br />to the protection of endangered marine turtles, believes that the County has improperly <br />21116 <br />