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BOOK IN PAGE '707 <br />ON MOTION by Commissioner Adams, SECONDED by <br />Commissioner Ginn, the Board by a 4-0 vote <br />(Commissioner Macht being absent) approved staff's <br />prioritized short list and authorized beginning <br />contract negotiations with the highest ranked firm, <br />as recommended by staff. <br />EMERGENCY PERMITS FOR CONSTRUCTION OF SEAWALLS - <br />MILLAR AND SOMOZA PROPERTIES <br />The Board reviewed a Memorandum of February 26, 1997: <br />TO: James E. Chandler, <br />County Administrator <br />THROUGH: James W. Davis, P.E.,. <br />Public Works Director <br />FROM: Jeffrey R. Tabar, Coastal Engineer J <br />SUBJECT: Requests for Indian River County to Issue FS Chapter 161.085 Emergency <br />Permits for Construction of Seawall for the Millar and Somoza Properties <br />DATE: February 26, 1997 <br />DESCRIPTION AND CONDITIONS <br />Engineer Randy Mosby, representing two property owners has requested that the County <br />issue an "Emergency" permit to construct a seawall along the properties on Ocean Drive <br />in the corporate limits of the City of Vero Beach. Attached is Table # 1 that lists'the Feb. <br />1997 status of each property's existing condition regarding distance to the dune <br />escarpment from primary and accessory structures, and the status of Florida Department <br />of Environmental Regulation's (FDEP) permit process for permanent seawall construction. <br />Florida Statutes Chapter 161.085(3) states that 7 erosion occurs as a result of a storm <br />event which threatens private structures or public Infrastructures and a permit has not <br />been issued pursuant to Subsection (2) the agency, political subdlvision, or municipality <br />may install or authorize installation of rigid Coastal armoring structures for the protection <br />Ofpinwate structures.. as long as the following items are considered and incorporated into <br />such emergency measurav <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 of public beach access - <br />e) Protection of native coastal vegetation and nesting marine turtles and their <br />hatchlings " <br />Paragraph (6) of the statute states that the structure... shall be <br />temporary... and the properly owner shall remove the structure or submit a <br />permit application to the Department (D. E. P.) for a permanent rigid coastal <br />armoring structure... within 60 days ofter the emergencyinstailation of the <br />structure or other measure to relieve the threat... " <br />In speaking with the F.D.E.P. staff, the newly adopted Chapter 62B-33.0051(6) Rules and <br />Procedures for Coastal Construction and Excavation Coastal Armoring and Related <br />Structures, Emergency Protection, contains more specific language which pertains to <br />emergency permit issuance by local governments. Structures must "have become <br />damaged or vulnerable to damage from a subsequent frequent coastal storm." <br />"Vulnerable" is when an eligible structure is subject to either direct wave attack or to <br />erosion from a 15 -year return interval storm which exposes any portion of the foundation." <br />MARCH 4, 1997 <br />30 <br />