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SEAWALLS ALONG SOUTH BEACH - UPDATE ON REQUESTS FOR F.S. CHAPTER 161.085(3) EMERGENCY PERMITS - GERSTNER The Board reviewed a Memorandum of December 11, 1996: TO: James Chandler County Administrator THROUGH: James W. Davis, P.E .✓ Public Works Director FROM: Jeffrey R. Tabar Coastal Engineer / SUBJECT: An Update on the Requests for Indian River County to Issue F.S. Chapter 161.085(3) Emergency Permits for Construction of Seawalls along South Beach DATE: December 11, 1996 DESCRIPTION AND CONDITIONS County staff has been monitoring the remaining requests for emergency permits in the South Beach area between Ocean Ridge Subdivision and Bonita Beach Subdivision. The original request consisted of eight (8) applicants represented by Thomas G. Tomasello, P.A. (Hall, Rothwell, Bunger, Lambeth, Gerstner, Papin, Robinson and Joynson). The Board has approved two (2) of these emergency permits in this area (Bunger and Papin properties) and requested that County staff continue to evaluate the remaining applicants. As a follow-up staff has continued to monitor and evaluate the applications for completeness and conformance with Florida Statues. County staff has conducted several site inspections and performed beach profiles on the Lambeth and Gerstner properties. These properties were deemed to be the most vulnerable to damage from a subsequent frequent coastal storm. The profile data has been sent to the applicants agent and to the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems for further evaluation. In addition to analyzing these applications for "emergency permits" County staff has also been working diligently with the applicants on their standard FDEP Permits. Consequently, staff has submitted a letter of no objection, to the construction of a seawall, to the FDEP for the Gerstner property and has conformation from the FDEP that the permit shall be issued the week of December 23, 1996. In considering Florida Statues Chapter 161.085 (3) the only property which would be eligible at this time to receive an "emergency permit° to construct a temporary seawall would be the Gerstner property. However, --County staff has submitted a letter of no objection, to the construction of a permanent seawall, to the FDEP for this property. The State has indicated that the Gerstner permit (IR-5it) shall be issued during the week of December 23, 1996. Therefore, considering the timely response of the State in issuing a permit to construct a permanent structure, County staff recommends that, although eligible, an emergency permit is not necessary to protect the private structure. At this time no other applicants are eligible for an emergency permit, however, County staff is committed to continuing to monitor and evaluate their applications for future consideration. DECEMBER 17 1996109