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• <br />INTERIM AGREEMENT <br />WHEREAS the State of Florida Department of Environmental Protection <br />(Department, DEP) 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 />("the Summerplace Petitioners") applied for permit number IR -512 ATF for an after -the - <br />fact Department permit to authorize an existing steel sheet pile bulkhead ("Bulkhead") <br />seaward of the CCCL in Indian River County across six (6) adiacent and continuous <br />parcels owned by the Summerplace 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 Summerplace 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 Lam, (;, Gerstner and Cheryl I. Gerstner ("the Gerstner Petitioners") <br />applied for an after -the -fact modification to Department permit number IR -511 to <br />authorize an existing steel sheet pile 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 IR -511, which application for modification was denied by the <br />