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1%i�I'il CCC has agreed to changes 1, 2, and 4, but it will not agree to change 3. CCC will not agree that all past land acquisitions by the County can count toward mitigation. in exchange for agreeing to Include Gerstner, CCC wants two things. First; the settlement must be revised to address the procedures surrounding DEP/County pre -construction meetings on -alto to prevent future Gerstner situations (ex: DEP/County permit says loci wall X feet from -the CCCL, applicant meets with DEP/County on-site, and after meeting applicant builds the wall in a different place claims that DEP/County said applicant could locate wall X+10 feet from the CCCL). Second, CCC wants the Gerstner seawall removed or relocated landward of its existing location. m In response to the County's proposed changes, the Department offers the following. 1. The Department agrees to pay 75% of the cost, up to $100,000 total cost paid by the Department. 2. The Department agrees to include Gerstner in the interim settlement agreement subject to the same terms as the Summerplace residents, with an additional condition that if the United States Fish and Wildlife Service (USFWS) decides that it can not approve the HCP and grant a section 10 permit because of the Gerstner seawall, then the Gerstnem would either have to remove or relocate their wall landward or the Gerstner seawall would be removed from the proposal to USFWS and the Department would restart litigation against the Gerstners. Additionally, there would be a severability provision addressing that scenario. The reason for including a provision that could separate out the Gerstner sea wall is that it does not make sense to jeopardize a good global settlement agreement between ten other parties just because of one newly added party. (Note: CCUs response may conflict with the Department's response] 3. The Department agrees that it would not object to a determination that all past land acquisitions by the County can count toward mitigation. However. CCC has Stated that A will not agree to this change in any form. 4. The Department agrees that the HCP submitted to USFWS will cover all the beach front land along the entire length of Indian River County. in response to CCC's proposed changes, the Department asks whether CCC is willing to pay for the cost of removing the Gerstne's sea wall. The Department is willing to consider making changes to the way it conducts pre -construction meetings, but it will first need to see concrete, specific proposed changes Please send your comments and responses to this letter both to M.B. Adelson and me, because 1 may not be readily accessible soon. Thank you. Sincerely, Thomas I. Mayton, Jr. Assistant General Counsel cc: Kirby Green - DEP Perry Odom - DEP Dr. Devereaux - DEP David Arnold - DEP MARCH 16, 1999 -103-BOOK lu� PA` 718 L