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e <br />14b <br />Ile <br />Department in part because the Bulkhead was determined by the Department 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 Department's denial of an application for an after -the -fact <br />modification to Department permit number IR -511, which case is currently pending at <br />the Division of Administrative Hearings ("DOAH") as DOM Case Number 97-4262, and <br />the Gerstner Petitioners have jointly filed a request for review with the Florida Land and <br />Water Adjudicatory Commission (FLAWAC) challenging that same Department denial, <br />which case is currently pending at FLAWAC as FLAWAC Case Number DEP RFR 97- <br />008; <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 62B-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 Summerplace Petitioners' Bulkhead for sixty (60) <br />days, and the County issued a separate permit for a tempora- <br />- _ ,,,,,�1a�y Emergency armoring <br />structure to temporarily authorize the Gerstner Petitioners' 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 />issued permits for temporary emergency armoring structures under section 161.085(3) <br />