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1999-265
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1999-265
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Last modified
12/11/2023 11:43:06 AM
Creation date
12/11/2023 11:42:12 AM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/12/1999
Control Number
1999-265
Entity Name
Ecological Associates
Subject
Agreement for Habitat Conservation Plan for Sea Turtles
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40 <br />INDIAN RIVER COUNTY MEMORANDUM OF AGREEMENT <br />ATTACHMENT <br />(1) The County will fully comply with Chapter 6213-33, F.A.C., and consult with the <br />Department when it is uncertain about the purpose or intent of any part of the rule <br />prior to taking action pursuant to section 161.085, F.S. <br />(2) The County agrees that if, during a consultation process undertaken pursuant to <br />paragraph (1) above, a proposed action is determined by the Department (in writing) <br />to be inconsistent with the rule or statute, then it will not take action on the matter <br />until the inconsistency is removed, another acceptable option is chosen, or the issue is <br />resolved by the Secretary and a representative of the County Commission. <br />(3) The Department agrees to provide immediate priority assistance to the County when <br />requested, to include technical support, consultation, and, if given adequate notice, a <br />site visit by qualified personnel authorized by the Department to act on its behalf. <br />Further, the Department agrees to expeditiousl,,- process any permit application for <br />armoring or other emergency measures in areas designated as being under an <br />emergency condition by the County. <br />(4) In accordance with section 161.085, F.S., rule 6213-33.0051, F.A.C., and rule 6213- <br />33.014, F.A.C., a shoreline emergency is any unusual incident resulting from a <br />hurricane, storm, or other violent coastal disturbance that resulted in erosion, beach or <br />coastal damage, or damage to upland structures that endangers the coastal system or <br />the health, safety, welfare, or resources of citizens of the state. Only such events <br />qualify as emergencies enabling the County to authorize temporary emergency <br />protection for eligible structures pursuant to section 161.085, F.S. Emergency <br />protection may be provided when such a coastal storm threatens upland structures, <br />damages them, or makes them susceptible to damage from a subsequent high <br />frequency storm. <br />(5) The County will notify the Department in writing by the most expeditious means <br />avail -able when it has declared an emergency under section 161.085, F.S. Notification <br />of an emergency shall include documentation from the County Commission <br />authorizing the declaration of emergency and the date and details of the storm event <br />that created the emergency. Notice of such declarations will be forwarded to the <br />Bureau of Beaches and Coastal Systems (BBCS), Mail Station # 300, with a copy to <br />the Bureau of Protected Species Management (BPSM) or other state governmental <br />unit hereafter designated in writing by the Department, Mail Station # 245, at 3900 <br />Commonwealth Blvd., Tallahassee FL 32399. <br />(6) The County agrees that emergency protection will be limited to one or a combination <br />of the following options: placement of beach -compatible fill, placement of sand bags <br />and/or geotextile fabrics that can be removed easily, shoring up of foundations, and <br />construction of temporary wooden retaining walls, cantilever sheetpile walls or <br />A-1 <br />
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