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DOCK 100 PAAUJ <br />asked the contractor to place the seawall. Director Davis reported <br />that we issued a stop work order on the project. We have been in <br />communication with the State and it is State's opinion that the <br />seawall needs to be moved back another 20 feet or so to the <br />permitted location. Staff agrees. However, Mrs. Gerstner doesn't <br />want to relocate the wall and is trying to get the State permit <br />changed to allow it to stay where it is. <br />Chairman Eggert asked if Mrs. Gerstner had obtained a building <br />permit to construct the seawall, and Director Davis explained that <br />two days after the County issued her an emergency permit, the State <br />issued a permanent permit for the same location shown on the <br />County's permit. Once the State's permanent permit kicks in, our <br />emergency permit is no longer needed and, in his opinion, our <br />permit is nullified. Once the State's permit was issued, Mrs. <br />Gerstner needed to come in and pull a building permit for the <br />seawall as a permanent structure. <br />Director Davis believed we have the right to ask that the <br />seawall be removed for two reasons: (1) We granted an emergency <br />permit showing a different location; and, (2) She did not obtain <br />a building permit. <br />Commissioner Adams felt that it is unfortunate, but this has <br />been a learning curve for all of us. If the wall is in the wrong <br />place, it needs to be moved -- there is no question about it. She <br />emphasized that we need to make sure with any future emergencies <br />that the DEP permit supersedes anything that we have and that a <br />building permit is necessary. Placement of the wall 20 feet off <br />the mark is certainly unacceptable. <br />Charles Cangianelli, contractor, advised that Mrs. Gerstner <br />still has not received a copy of the permit from the State, but the <br />emergency permit that the County issued was not the same as what <br />the State issued. Mr. Cangianelli explained that the location <br />stakes were inadvertently moved. <br />County Coastal Engineer Jeff Tabar believed that the drawing <br />that was followed was a rough drawing done by Randy Mosby, the <br />engineer. <br />Chairman Eggert had a problem with there being two different <br />plans, and Commissioner Adams suggested that we give the State a <br />chance to work this out, say 60 days, because at this point it may <br />do more harm to tear it out and move it back. <br />FEBRUARY 11, 1997 46 <br />r � <br />