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BOOK F'��,GC west of the beach as possible to allow sufficient room for the turtle nesting. He then proceeded to lead us all on an inspection of the wall and the angle it was sited on. It was pointed out to him that the new wall was sited at 5 feet west of the wall that had been permitted by the DEP for Dr. and Mrs. Michael Flax. He said that the Flax's wall had been permitted too far -eastward for him and that if we wanted his okay for the permanent permit, the balance of the new wall would have to go further westward.( Two homes were completed at that point). As he and Sri Tammisetti re- sited the wall it became apparent that the new angle would go into the vegetation line and that the dune height was at fourteen feet leaving an impossible slope from the house foundations to the 7 foot wall height. The wall was sited at 12 feet eastward of the fourth house's foundation. After much discussion within the group an agreement was reached on two 10* westward jogs and a three foot increase in the existing height of the seawall. Sri Tammisetti, the DEP engineer felt that this would be beneficial to all. On Tuesday, April 30,1996, Mr. Charles Cangianelli and I flews to Tallahassee to meet with Dr, Devereaux and his staff to revisit the siteing of the wall. We met in DR Devereaux's office and as the various Department heads arrived, we switched to the conference room. Joining Dr Devereaux was Mr. Hal Bean of Beaches and Coastal Waters, Mr. Gene Chelecki, Jim Martinello, and several other staff members. Mr. Cangianelli and I were joined by my Tallahassee Attorney, Thomas Thomasello and Michael Sole was on speaker phone from South Florida. Sri Tammisetti had not yet returned from South Florida and couldn't be reached. We talked at length about the work that had been done and that needed to be finished. Michael Sole was very complimentary about our turtle protection set-up and our willingness to work with the DEP on the seawall siteing. Using the DEP's aerial photos of the beach, we traced out the siteing and everyone agreed on it. The wall height was discussed and they told us that it was more important to have the wall westward of the beach as far as possible and that the necessary raise in height would benefit the entire project. We left on a very agreeable terms and felt that we had accomplished what would be necessary to obtain our permanent permit. On the following Thursday, May 29 19%. Michael Sole called me and said that he wanted to walk the new siteing developed by Dr. Devereaux at the Tallahassee meeting and take exact measurements of the set backs of the houses. Chuck Pickard and I met with him that day and helped him measure out the wail siteing and he marked it with orange painted stakes. Part of the marking was the designated point at which the wall would raise up 36 inches to accommodate the height of the dune. Jim, several things are pertinent here. First of all, I guess that we goofed by not writing a letter like this back in April of 19%. For that I apologize. In measuring the wall today at noon, the following, measurements were recorded. At the low part of the wall ( in front of the fust three houses ) the height from grade is between 4' 2 "at the high point to 5' 8 " at the lowest point of grade. The section that was raised to hold up the sand dune was measured at the center of the seawall. It was from 6' 4" at the high point of grade to 8' 6" at the low point of grade. The movement of the sand on and off our beach at different times of the year will never give us a set height of the wall since the grade differs by season by as much as four feet. Secondly, we were told by the County Commission when the permit was issued to work closely with the Florida DEP so that the final permits were attainable. We have been trying to do just this. Concerning the agreement covering the redoing of the Wabasso Beach parking lot at the completion of our steel wall, I sent Commissioner Adams a letter of agreement on May 2, 1996 ( see attachment ) and it was apparently satisfactory until late __. December of 1996. At that time I received a memo form basically saying the same FEBRUARY 11, 1997 42