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BOOK In the interest of the Summerplace homeowners who recently constructed seawalls and are applying for DEP permits, property owners who desire to build future seawalls that sea turtle nesting habitat, approval of the Agreement desirable. It is a policy issue as to which of perspectives is paramount. Funding would be from Preservation Plan. ��M01KlIg1 IFLO. A } Department of Environmental Protection Marjory Stoneman Douglas Building Lawton Chiles 3900 Commonwealth Boulevard Governor Tallahassee, Florida 32399-3000 December 21, 1998 The Honorable Fran Adams, Commissioner Indian River County Board of County Commissioners 1840 25'° Street Vero Beach, FL 32960 Dear Commissioner Adams: as well as may affect and MOA is the above the Beach Virginia B. Wetherell Secretary DEC 2 8 1998 I would like to thank you for your participation in the recent conference call on the proposed Habitat Conservation Plan (HCP) and Incidental Take Permit for Indian River County and for your willingness to present the concept to the full Indian River County Commission. The HCP approach offers many advantages to the County in its efforts to protect and manage its beach and dune resources. Various projects being conducted in the County, such as Dune Guard at the Sea Oaks and Baytree Condominiums, periodic fill placement by the City of Vero Beach, and beach ramp construction by the Town of Indian River Shores, would benefit from a consolidated approach that affords protection of important coastal resources on a countywide scale and conserves staff and financial resources. In addition to facilitating implementation of these projects, development of the HCP as part of the beach management plan should expedite permitting of your proposed beach restoration projects. Finally, the clarification of the coastal armoring process and siting requirements will allow for the HCP to also address any marine turtle impacts that might still occur even under a Memorandum of Agreement (MOA) with the Department. A comprehensive nesting beach management plan developed as part of the HCP should consider all potential impacts to Indian River County's beach resources, marine turtles, their nests, hatchlings, and habitat. This would include, but not be limited to, all potential emergency authorizations, periodic fill placement at erosion hot spots (such as Humaton Park), monitoring at experimental beach projects, vehicular access, special events and large scale beach restoration projects. Development of the HCP should save the County considerable amounts in potential legal fees. Such a plan should resolve the outstanding lawsuit by the Sea Turtle Survival League, thereby allowing funds to be utilized to better manage and protect county resources as opposed to legal costs. Incidental take authorization and the development of a HCP should also resolve the pending litigation for the Parvus sea wall. We believe that the HCP should discuss all potential marine turtle impacts for activities authorized by the County as well as mechanisms for avoidance of, minimization of and mitigation for those impacts on a county -wide basis. Such activities include coastal armoring, beachfront lighting, and sand placement for temporary and long tern beach restoration. For example, the potential impacts of emergency coastal armoring can be minimized through adoption of the protocol detailed in the proposed MOA we discussed. The HCP could also address other types of armoring in the county and the cumulative impacts on marine turtle habitat of such structures. Acquisition of beachfrcnt property by the County could mitigate, and in MARCH 2, 1999 -32-