Sunday, January 29, 2006
best laid plans of beach mice & men
Because neither the county nor the affected property owners sought federal permits before supposedly taking endangered species' habitat, ALL are liable.- U.S. Fish and Wildlife Service
Federal Endangered Species Act take guidelines don't differentiate between temporary and permanent structures. - U.S. fish and Wildlife Service
DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE RETREAT
ARTICLE VII
SECTION 20. PROTECTED SPECIES (B)(1) SEA TURTLE
PARAGRAPH 2
PLEASE REMEMBER: ANY CONSTRUCTION ACTIVITY THAT DISRUPTS A NESTING MARINE TURTLE.DISRUPTS AND DESTROYS A SEA TURTLE NEST, OR RESULTS IN THE INJURY OR MORTALITY OF A MARINE TURTLE MAY SUBJECT THE LOT OWNER TO PROSECUTION UNDER THE U.S.
ENDANGERED SPECIES ACT AND FLORIDA STATUTES.
ARTICLE IV COMMON AREAS: CERTAIN EASEMENTS
SECTION 13. ENVIRONMENTAL PERMITS AND RESTRICTIONS
PARAGRAPHS 3. & 4.
EXCEPT AS REQUIRED OR PERMITTED BY THE AFORMENTIONED *PERMITS ISSUED BY THE ACOE, AND DEP,NO OWNER SHALL ALTER,FILL,DREDGE,PLACE SOD OR EXCAVATE, OR PERFORM SIMILAR ACTIVITIES ON ANY PORTION OF THEIR RESPECTIVE LOTS, UNLESS AND UNTIL SUCH ACTIVITY IS AUTHORIZED BY OR EXEMPT FROM THE REQUIREMENTS OF THE ACOE AND DEP.
IN THE EVENT TAHT AN OWNER VIOLATES THE TERMS AND CONDITIONS OF SUCH PERMITS AND FOR ANY REASON THE DEVELOPER, OR THE ASSOCIATION IS CITED THEREFORE, THE OWNER AGREES TO INDEMNIFY AND HOLD THE DEVELOPER, AND THE ASSOCIATION HARMLESS FROM ALL COSTS ARISING IN CONNECTION THEREWITH,INCLUDING WITHOUT LIMITATION, ALL COSTS AND ATTORNEYS FEES
AS WELL AS ALL COSTS OF CURING SUCH VIOLATION.
* ACOE (U.S. ARMY CORE OF ENGINEERS) PERMIT NUMBER 1994-02417
DEP (FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION) PERMIT NUMBER 662512681
Federal Endangered Species Act take guidelines don't differentiate between temporary and permanent structures. - U.S. fish and Wildlife Service
DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE RETREAT
ARTICLE VII
SECTION 20. PROTECTED SPECIES (B)(1) SEA TURTLE
PARAGRAPH 2
PLEASE REMEMBER: ANY CONSTRUCTION ACTIVITY THAT DISRUPTS A NESTING MARINE TURTLE.DISRUPTS AND DESTROYS A SEA TURTLE NEST, OR RESULTS IN THE INJURY OR MORTALITY OF A MARINE TURTLE MAY SUBJECT THE LOT OWNER TO PROSECUTION UNDER THE U.S.
ENDANGERED SPECIES ACT AND FLORIDA STATUTES.
ARTICLE IV COMMON AREAS: CERTAIN EASEMENTS
SECTION 13. ENVIRONMENTAL PERMITS AND RESTRICTIONS
PARAGRAPHS 3. & 4.
EXCEPT AS REQUIRED OR PERMITTED BY THE AFORMENTIONED *PERMITS ISSUED BY THE ACOE, AND DEP,NO OWNER SHALL ALTER,FILL,DREDGE,PLACE SOD OR EXCAVATE, OR PERFORM SIMILAR ACTIVITIES ON ANY PORTION OF THEIR RESPECTIVE LOTS, UNLESS AND UNTIL SUCH ACTIVITY IS AUTHORIZED BY OR EXEMPT FROM THE REQUIREMENTS OF THE ACOE AND DEP.
IN THE EVENT TAHT AN OWNER VIOLATES THE TERMS AND CONDITIONS OF SUCH PERMITS AND FOR ANY REASON THE DEVELOPER, OR THE ASSOCIATION IS CITED THEREFORE, THE OWNER AGREES TO INDEMNIFY AND HOLD THE DEVELOPER, AND THE ASSOCIATION HARMLESS FROM ALL COSTS ARISING IN CONNECTION THEREWITH,INCLUDING WITHOUT LIMITATION, ALL COSTS AND ATTORNEYS FEES
AS WELL AS ALL COSTS OF CURING SUCH VIOLATION.
* ACOE (U.S. ARMY CORE OF ENGINEERS) PERMIT NUMBER 1994-02417
DEP (FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION) PERMIT NUMBER 662512681
