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BOOK " FAGE U <br />Public Works Director Jim Davis advised that DEP will require <br />that a certified biologist be present at the job site on a daily <br />basis up until turtle nesting activity picks up so that it will not <br />be practical to continue with construction. <br />Commissioner Adams wanted to know who would be responsible for <br />the items in Condition No. 2, and Director Davis stated that the <br />property owner is responsible and the Public Works Department staff <br />will verify the alignment to be sure it is as shown on the drawing. <br />Director Davis continued that the only way to verify that the <br />stakes are not moved is to monitor the construction. Staff does <br />that as frequently as possible but there is a lot of construction <br />going on in the County. <br />Attorney William J. Stewart of 3355 Ocean Drive, representing <br />Mr. and Mrs. Clemens, wanted the Board to particularize the <br />location of the proposed seawall and to confirm that one of the <br />conditions of the permit would be to require the property owners to <br />assume responsibility for any mitigation required due to the <br />environmental impact of this seawall. <br />Director Davis advised that the recommended location is shown <br />on the drawing prepared by Randy Mosby of Mosby and Associates, <br />Inc. being presented as backup today (Clerk's Note: Drawing was <br />being shown on the EIMO). <br />Chairman Eggert suggested that an addition be made to <br />Condition No. 2 to require that the seawall be constructed in <br />accordance with that drawing. <br />Director Davis continued that the City of Vero Beach has <br />suspended the mitigation requirements and the County's regulations <br />do not include the City. When the County developed the code, it <br />was realized that it would be very difficult for county staff to <br />monitor the requirements in the City where there are a number of <br />old seawalls and where there are different shoreline <br />characteristics. <br />Deputy County Attorney Will Collins interjected that it was <br />his understanding that the City had repealed any ordinances with <br />respect to seawalls and that the County ordinance is effective <br />county -wide, including any incorporated areas. Attorney Collins <br />believed if there is a requirement in the County's ordinance for <br />mitigation, Mr. Clemens would be entitled to the benefit of that <br />requirement. <br />Commissioner Ginn questioned. whether an old seawall shown on <br />a survey dated 1959 could still be located. <br />Randy Mosby, Mosby and Associates, Inc., stated there is no <br />apparent sign of it but they will attempt to locate it. <br />MARCH 49 1997 34 <br />