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40 J removal at the expense of the permittee. Removal which would take place during marine turtle nesting season shall be subject to the approval of the Bureau of Protected Species Management or other state governmental unit hereafter designated in writing by the Department. SPECIAL REQUIREMENTS AND GUIDELINES FOR PROTECTION OF MARINE TURTLES Marine turtle nesting season in Indian River County begins on March 1 of each year and ends on October 31 of each year. Construction of temporary emergency protection structures on the beach after March 1 could result in the take of marine turtles, their nests or hatchlings pursuant to F.S. 370.12. The County therefore agrees not to authorize construction of temporary emergency armoring structures, beach scraping, or any other actions that could adversely affect marine turtles or their nesting habitat during the marine turtle nesting season. The 'County further agrees to require that property owners operating under an emergency permit issued pursuant to Section 161.085, F.S., and Rule 62B-33.0051(5), F.A.C., comply with these guidelines prior to and during construction of temporary emergency protection. (1) The placement of sand bags is not subject to consultation with the Bureau of Protected Species Management or other state governmental unit hereafter designated in writing by the Department, provided such placement is as landward as practicable and not during the marine turtle nesting season. Placement of sand bags during nesting season will be in accordance with these guidelines. Any sand bags placed within marine turtle nesting habitat outside the marine turtle nesting season or in accordance with these guidelines will be removed prior to the beginning of the following nesting season (March 1), unless authorized by Department permit. (2) The County agrees to coordinate with the Department's Bureau of Protected Species Management or other state governmental unit hereafter designated in writing by the Department to determine if a particular project site contains viable marine turtle nesting habitat prior to issuance of the emergency authorization. (3) Propeiiy owners requesting construction of temporary armoring structures during the marine turtle nesting season (March 1 through October 31) will be advised that marine turtle nesting surveys as outlined below shall be Initiated immediately upon issuance of the emergency permit and will proceed through completion of the construction activity. a) A daily marine turtle nest survey of the nesting beach in the vicinity of the project (including areas of beach access) will be conducted starting March 1 and continue through October 31. i) Nests deposited within the construction site will be left in siru unless other factors threaten the success of the nest. ii) If any nests are determined to have been deposited within the project area and are not relocated due to conditions unrelated to the