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DESCRIPTION AND CONDITIONS <br />Attorney Thomas G. Tomasello, representing eight property owners in the South <br />Beach area between Ocean Ridge Subdivision and Bonita Beach Subdivision, has <br />submitted applications for the construction of eight seawalls along the Atlantic <br />Ocean coastal dune line. Since 1973, property owners have lost 60' - 120' of <br />coastal dune depth in the area due to aggressive erosion. In the past eight <br />months, approximately 10' of dune loss perpendicular to the shoreline has <br />occurred. <br />Attached is Table # 1 that lists the Nov. 18, 1996 status of each property owner's <br />existing condition regarding distance to the dune escarpment from primary and <br />accessory structures, and the status of Florida Department of Environmental <br />Regulation's (FDEP) permit process for permanent seawall construction. <br />Florida Statutes Chapter 161.085(3) states that 'if erosion occurs as a result of <br />a storm event which threatens private structures or public infrastructures and a <br />permit has not been issued pursuant to Subsection (2), the agency, political <br />subdivision, or municipality may install or authorize installation ofrigld Coastal <br />armoring structures for the protection of private structures.. as long as the <br />followmgitems are considered and incorporated into such emergency measures: <br />a) Protection of the beach dune system, <br />b) Siting and design criteria for the protective structure, <br />c) Impacts on adjacent properties, <br />d) Preservation ofpublic beach access, <br />e) Protection ofnattve coastal vegetation and nesting marine turtles and <br />tbeirbatcbiings. " <br />Paragraph (6) of the statute states that " .. the structure... sball be <br />temporary... and the property owner sball remove the structure or <br />submit a permit application to the Department (D.E.P.) for a <br />permanent rigid coastal armoring structure... within 60 days after the <br />emergency installation of the structure or other measure to relieve <br />the threat... " <br />In speaking with the F.D.E.P., the newly adopted Chapter 62B-33.0051(6) Rules <br />and Procedures for Coastal Construction and Excavation, Coastal Armoring and <br />Related Structures, Emergency Protection, contains more specific language which <br />pertains to emergency permit issuance by local governments. Structures must <br />"have become damaged or vulnerable to damage from a subsequent frequent <br />coastal storm. " <br />"Vulnerable" is when an eligible structure is subject to either direct wave attack <br />or to erosion from a 15 -year return interval storm which exposes any portion of <br />the foundation." <br />Section 932.06 of the Coastal Management Chapter of the Indian River County <br />Code, Paragraph 7 prohibits seawalls unless non-structural alternatives have been <br />employed correctly and proven to be unsuccessful, County and DEP staff <br />recommend the seawall, the party constructing the seawall agrees to mitigate any <br />adverse environmental impacts, (including increased downdrift erosion of adjacent <br />property, and the seawall is necessary to protect real property improvements from <br />a 25 year storm using FDEP approved methods. <br />Paragraph 9 of this section gives the Board the authority to temporarily suspend <br />the provisions of Chapter 932 in the case of an emergency. <br />ALTERNATIVES AND ANALYSIS <br />In analyzing the application received, staff has met in Tallahassee with DEP <br />Bureau of Beaches and Coastal Systems, conducted site visits with FDEP staff, <br />and reviewed applications for completeness and conformance with Florida <br />Statutes. Since all applications have the same agent (Thomas Tomasello, Attorney <br />and Randy Mosby. Engineer -of -Record), all applicants have proposed meeting the <br />five state requirements as follows: <br />NOVEMBER 19, 199629 BOOK 99 ma <br />