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They are going to construct the over the dune crossing <br /> as designed. <br /> 3 . The parking lot will be constructed as designed, <br /> . Prior to opening the facility for public use, they are <br /> agreeing between agencies and stipulating to this comm- <br /> ission that they will file and receive approval for a <br /> barrier beach management plan for the facility, That <br /> plan will also he reviewed and approved by CZM and the <br /> Natural Heritage program. <br /> Within that plan, and they will defer to the discretion of <br /> the Commission, are issues that need to be resolved on a long <br /> term basis that they will be doing habitat control and <br /> monitoring for piping plovers and least terns which does into <br /> the whole issue of annually identifying nesting areas and <br /> putting up fencing if there is nesting taking place, as well <br /> as controlling pedestrian traffic. This .facility has n <br /> plans for vehicular traffic, l l of this will be in the <br /> management plan, <br /> Mr, Bonsalito stated he would have no problem with stipulated <br /> conditions, <br /> He stated re alternative crossings, the issue was raised <br /> about what would happen if there was a plover nest taking <br /> place within 150 feet of the fixed boardwalk. The war they <br /> decided to address that is, if that event should happen to <br /> take -place, Natural Heritage program will come down and <br /> observe the nesting pair. Some brooding pairs will, continue <br /> to brood if there is traffic closer than 150 feet; others <br /> don't, if this interferes with egress off of the fixed <br /> boardwalk, they are going to provide for temporary gnat <br /> boardwalks. This mechanism was left open, He thought i <br /> this occurred, they would ask for aux emergency order from the <br /> Commission.. <br /> Mr. Sherman stated the commission could do ghat they want <br /> done but not as an emergency order- as this is not a public <br /> health and safety issue. Language can be put in that if that <br /> eventuality is necessary, it will have to be with the consent <br /> of the Commission.. <br /> Mr, Bonsal ito stated they can give potential alternative <br /> access but are not sure where they will have to direct the <br /> traffic. As the population of the plovers continues to <br /> increase, the likelihood that there will be a problem is <br /> geometrically increasing also. <br /> Ir. Sherman stated all these issues can be resolved by the <br /> management plan. one issue he wished to reiterate is that <br /> they are going to change that area along the road where they <br /> put the spillway right into the wetland, <br /> Mr, Bonsalito stated they have accepted this, <br /> Mr. Sherman stated everything goes along with what he has <br /> been told by Rebecca Haney and Pat Huckery is the essence of <br /> the agreement but he would like to spear with Pat one more <br />