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BOOK 108 FACE 794 as soon as the study is submitted. Commissioner Ginn found the language confusing particularly with respect to the "section 10", and Mr. Adelson explained that a "section 10" relates to the federal authority which under the Federally Endangered Species Act, has the power, ability, duty, responsibility to declare what would ordinarily be a take, to be an "authorized incidental take." By going through the process, once the permit is authorized, there is no imprimatur from it being issued because the take has been authorized in the overall county plan that balances impacts with protections and those other things that the plan will do. He called that their good faith effort to go forward with the plan so they do not have to focus on a single property and keep it out of the context of the entire county protection scheme. He thought there would not be any problem in issuing the permits once the study has been completed. Mr. Adelson also advised that once all this has been completed, the property owners Will be able to complete their walls in a permanent structure manner. That is the purpose of issuing the permit, but it has to be arrived at by going through the proper steps. To Commissioner Ginn , it seemed that the County was acting in very good faith but that the FDEP was keeping all its options open. Mr. Adelson assured her that the Department is acting in good faith and they are trying to strictly follow the laws and rules they are required to follow, not to anyone's disadvantage, but to make sure that once it is done correctly that it is unassailable by anyone else who might not like it. Commissioner Ginn wanted very much to believe Mr. Adelson's assurances, but felt the County might or might not be accomplishing something. She did not think there were any assurances that citizens would not continue to be harassed by the DEP. She wanted more assurances that if we go through this the homeowners will get their permits. Mr. Adelson indicated that the process would go quickly, dependant upon County staff. He recapped that the County has the State's funding, commitment for scientific and technical support, but that the County was responsible for the speed in which all of it is accomplished. He stated the DEP would be responsive and support the County in any way possible, but they did not want to interfere or give instructions. Commissioner Adams understood Commissioner Ginn's fear, doubt and frustration. She thought that having done a lot of research on the HCP and the process, having been enlightened on the statute, that this does come out to be a win-win and when it is done, it sets MARCH 23, 1999 60