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• <br />First, the permit application is incomplete pending receipt of the name and (nailing address <br />of the owner of the walkway between Lot 7, Block D and Lot 6, Block E. Secondly, the <br />subject dwellings have not been demonstrated to be vulnerable to high frequency coastal <br />storms as required for issuance of a permit by Rule 62B -33.0051(1)(a)(2), Florida <br />Administrative Code. The wall under construction does not appear to be sited as far <br />landward as practicable as required by the rule. In addition, the structure does not appear <br />to meet the requirements for protection of marine turtles set forth in Chapters 370.12 and <br />161, F.S., and Rule 62B -33.005(4)(g), F.A.C. (see attached memo). <br />As to your second inquiry concerting Rule 62B-33.0051(5), F.A.C., it is the Department's <br />position that the rule's purpose is to provide an efficient method of quickly authorizing <br />work on coastal armoring structures in order to alleviate an emergency situation. The work <br />is authorized without the usual DEP permitting process. However, once the emergency has <br />passed, if the work has not been completed, it is no longer necessary in order to abate the <br />emergency and thus ceases to be authorized by Rule 62B-33.0051(5), F.A.C. The rule is <br />clear that after 30 days (or 60 days if extended) of the declaration of the emergency <br />"Protect. Conserve and Monage Flonda's Environment and Natural Resources" <br />hinted an secyded popes <br />19—MAR-99 10,49 PROMs BEACHES + COASTAL SYSTEMS IDs 904 498 5257 <br />PACE 2 <br />James W. Davis <br />March 18, 1998 <br />Page 2 <br />situation the emergency is presumed <br />provided, i.e., the work completed, theto have abated, and if protection has not been <br />n the work is no longer authorized. This is true <br />regardless of whether completion of the work was attempted in good faith or if the factors <br />preventing the work from being finished are beyond the control of the party attempting the <br />work. <br />I hope this information adequately addresses your questions. If you have any further <br />questions or concerns, please advise. <br />Sincerely, <br />Gene Chalecki, P.E. <br />Engineering Supervisor <br />Bureau of Beaches and Coastal Systems <br />GC/stg <br />Enclosure <br />cc: Will Collins, Deputy County Attorney <br />James Chandler, Indian River County Administrator <br />Robin Trindell, Biological Administrator <br />David Godfrey, Executive Director, Sea Turtle Survival League. <br />Alfred Devereaux, Jr., Bureau Chief <br />Tom Tomasello, Esquire <br />MARCH 24, 1998 <br />-39- <br />b09K �U 4 F,,, -U d S <br />• <br />