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40 • s project, such nests will be marked and the actual location of the clutch determined. iii) A circle with a radius of ten (10) feet, centered at the clutch, will be marked by stake and survey tape or string. No construction activities will enter this circle and no adjacent construction will be allowed which might directly or indirectly disturb the area within the staked circle. iv) If the nest carrot be avoided by ten (10) feet due to the scope of the project, all work near the nest will be postponed until the nest has completed incubation and all hatchlings have emerged. b) It is the responsibility of the permittee to ensure that the project area and access sites are surveyed for marine turtle nesting activity. All nesting surveys, nest relocations, screening or caging activities etc, will be conducted only by persons who are duly authorized to conduct such activities through a valid permit issued by the Department's Division of Marine Resources or other state governmental unit hereafter designated in writing by the Department, pursuant to Rule 6211-1, F.A.C. C) Construction at night cannot be authorized. Nighttime storage of equipment or materials on the nesting beach is also prohibited. d) All excavations and temporary alteration of beach topography will be filled or leveled to the natural beach profile prior to 9:00 p.m. each day. (4) Temporary lighting of the construction area cannot be authorized at anytime during the marine turtle nesting season (March 1 through October 31). No additional permanent exterior lighting is authorized. (5) Marine turtle nests may not be relocated for the construction of temporary emergency protection structures, including the placement of beach fill, unless such relocation is authorized in an Incidental Take Permit issued pursuant to the Federal Endangered Species Act. (6) Tracked equipment, or equipment with ground pressure greater than 10 PSI, will not be allowed to access the site seaward of the proposed emergency protection stn;cture or along the nesting beach during marine lurtle nesting seaso„ unless such access has been reviewed and approved by the Bureau of Protected Species Management or other state governmental unit hereafter designated in writing by the Department. (7) In the event the temporary emergency structure fails, the County will require the permittee to remove all debris and structural material from the nesting beach area and deposit it offsite, landward of the coastal construction control line, within 20 days of the structural failure so long as such removal activity does not cause a "take" of marine turtles in the process and no removal activity or heavy equipment usage occurs seaward of the temporary emergency structure during marine turtle nesting season (March 1 through October 31). A-4