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within the Summerplace Subdivision (lots 6 & 7, Unit D and lots 6, 7, 8, 9, of Unit E). The permit required the seawall to be placed as landward as possible. A pre -construction meeting on-site was required and scheduled for February 21, 1997. The County staff invited Paul Triteck, U.S. Fish and Wildlife Service, and Robin Trindell, FDEP Biological Administrator, to the meeting to make sure the wall was properly located. _Construction began in March 1997 and ceased in late May 1997 due to sea turtle nesting activity. At that time, construction of a seawall along four (4) of the six (6) homes was completed. In late February, 1998, construction to complete the remaining two (2) homes commenced and is currently ongoing. On February 26, 1998, County staff received a letter from the Sea Turtle Survival League (STSL) objecting to the seawall construction since FDEP Rule 626-330051 states that emergency construction must occur within thirty (30) days of issuance of an emergency permit. If not, one thirty (30) day time extension can be granted. The same rule states that "emergency protection shall take place as soon after the initial erosion event as practicable'. The STSL has asked that the County stop the work In response to the letter, staff drafted two (2) letters; one to the six (6) property owners requesting the status of their seawall construction and DEP permit, and the other to FDEP requesting their opinion on the sixty (60) day emergency permit period and the "as soon as practicable" language in the rule. The property owners have indicated that installation of the steel sheet pile is substantially complete along five (5) of the six (6) properties. The DEP staff has indicated that the property owners permanent DEP permit application is incomplete pending the receipt of the name of the owner of a walkway between two lots. Also, DEP states now that the wall is not sited landward enough and that the homes are not demonstrated to be vulnerable to high frequency coastal storms. The Department has also stated that an emergency permit is only authorized for sixty (60) days if a thirty (30) day time extension is granted. DEP states that it is not pertinent that delays have occurred which are beyond the control of the party attempting the construction. In the March 18, 1998 DEP letter, it was not stated that the County must issue a stop work order. The use of Wabasso Beach Park must cease on April 1, 1998. Vince Bruno, property owner representative, has stated that work on the seawall serving the six (6) properties along Summerplace is anticipated to be complete on April 1, 1998. Staff does not recommend taking any action. 19—MAR-98 18x48 PROM. BEACHES + COASTAL SYSTEMS 10e S24 488 8257 PAGE 1 Department of Environmental Protection Lawton Chas h3 00oCorm nonnwweallth Soulauvl dig Virli^sa Governor Tald�haaaee. Florida 32399-3000 Se a wntherell crenry March 18, 1998 James W. Davis, P.E., Public Works Director Board of County Commissioners 1840.25` Street Vero Beach, Florida 32960 Dear Mr. Davis: Subject: File Number IR -512 Post4r Fax NOW 7671 Oatr b ► y 1b Dom. F°'"S� cwo.a. co. phone• Fool 9 e7' 7 ) Fus o '1 fl—sog5'lFaK# This letter is in response to yours of March 3, 1998 concerning the Emergency Coastal Armoring Permit in Indian River County. Specifically, you inquired as to the status of pending DEP permit application (R-512) and the Department's position concerning the Emergency Permit issued by the County pursuant to Rule 62B-33.0051(5), F.A.C. MARCH 24, 1998 S' is -38- •