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Permittee : INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Permit Nos 200001872 ( IP - IS ) Page 4 or a Biological Opinion (BO ) under ESA Section 7 , with " incidental take ' " provisions with which you must comply ) . The enclosed USFWS BO , NMFS BO and NMFS Regional Biological Opinion ( RBO ) (Attachments 2 , 3 and 4 ) , contain mandatory terms and conditions to implement the reasonable and prudent measures that are associated with " incidental take " that is also specified in the BOs and RBO . Your authorization under this Corps permit is conditional upon your compliance with all of the mandatory terms and conditions associated with incidental take of the attached BOs and RBO , which terms and conditions are incorporated by reference in this permit . Failure to comply with the terms and conditions associated with incidental take of the BOs and RBO , where a take of the listed species occurs , would constitute an unauthorized take , and it would also constitute noncompliance with your Corps permit . The USFWS and the NMFS are the appropriate authorities to determine compliance with the terms and conditions of their BOs , RBO and with the ESA . 2 . The permittee agrees that all documents relating to this permit , including any reports required by the DEP permit number 0166929 - 001 - JC ( see special conditions Attachment # 5 ) shall be sent to the Regulatory Division , Enforcement Branch , Post Office Box 4970 , Jacksonville , Florida 32232 - 0019 and copies sent to the Merritt Island Regulatory Office , 2460 North Courtenay Parkway , Suite 4204 ,, Merritt Island , Florida 32953 and the USFWS , 1339 20ih Street , Vero Beach , Florida 32960 . 3 . The permittee agrees to mitigate for the unavoidable burial of 3 . 8 acres of . . nearshore hardbottom that will result from the direct placement of fill and froth the equilibration of the toe of fill ( TOP ) by creating a minimum of 5 . 0 acres of artificial hardbottom substrate ( revised mitigation acreage from that proposed in the Indian River County Sectors 1 &2 Beach Restoration Project Mitigation Plan (Attachment # 6 ) ) . If construction of the artificial hard bottom will be completed prior to - or concurrent with the construction of beach fill , the Mitigation area will be 5 . 0 acres in size . If the construction of artificial hardbottom will be completed after the construction of the beach fill , the mitigation area will increase by 0 . 20 acres per year . All mitigation shall be completed no later that two years following the completion of beach construction . The artificial hard bottom mitigation shall include 4 . 74 acres of high relief substrate and 0 . 26 acres of low relief substrate for the 5 . 0 - acre project . The areas of high relief to low relief shall increase proportionately if the mitigation project is