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40 <br />DOM Case Number 97-4262 or FLAWAC Case Number DEP RFR 97-008 during the <br />time while this agreement remained in effect should act as a waiver of any rights of the <br />Department or estop the Department from taking any action. <br />15. The Summerplace Petitioners acknowledge that even if the above-described <br />section 10 permit is issued to the County by the USFWS, the Summerplace Petitioners <br />must still provide a vulnerability study to the Department which provides the Department <br />with reasonable assurance that the Summerplace Petitioners are eligible to receive <br />Department permit IR -512 ATF. If the Summerplace Petitioners fail to provide the <br />Department with the above-described vulnerability study by the time the above- <br />described section 10 permit is issued or if that vulnerability study shows that the <br />Summerplace Petitioners are ineligible to receive Department permit IR -512 ATF, then <br />the Department will resume litigating DOM Case Number 98-3501 and may take <br />enforcement action against the Summerplace Petitioners. <br />16. If the above-described section 10 permit is issued to the County and the <br />Summerplace Petitioners have submitted the above-described vulnerability study to the <br />Department, then the Department will issue permit IR -512 ATF, as amended, to <br />Petitioner after the Summerplace Petitioners dismiss with prejudice DOAH Case <br />Number 98-3501. If the above-described section 10 permit is issued to the county, theen <br />the Department will issue permit IR -511 M1 ATF to the Gerstner Petitioners. <br />17. While this agreement remains in effect, the Summerplace Petitioners may <br />backfill behind their existing Bulkhead with beach -compatible sand, provided that such <br />backfilling of sand either does not destroy existing vegetation or that the Summerplace <br />Petitioners offset the impacts of such vegetation destruction by replacing the destroyed <br />