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September 1997 <br /> Page 4. <br /> expiration of MEPA comment period was pending and CZM also. MEPA <br /> comment period is over now. <br /> The certificate of the Secretary is in hand stating no additional study i <br /> necessary. It was recognized.an escrow agreement beach nourishment is part <br /> of the plan. No EIR is required., but Rebecca Haney pointed out two issues of <br /> concern. The first a remnant of a concrete groin existing in front of one of the <br /> properties. She recommended that it be removed when work is being done. <br /> The second concern was one of the transitions between Teen their proposed repair <br /> revetment and the neighboring revetment, during the on-site it was agreed <br /> that there is not a lot that can be done to improve that. <br /> Yr. Sherman agreed there may not be much that can be done- but as a <br /> condition it could be included that Mr. Hamilton and the consultant for <br /> Cariglia talk about how to interface the two. Mr. Hamilton agreed. <br /> Mr. Sherman gave the Commission copies of the draft proposal and asked <br /> them to read it M order to discuss it further. He had a few reservations. <br /> Mr. Rosenberg asked if there is a pending agreement in existence? Mr. <br /> Hamilton stated that would be set up after the Order of Conditions is issued. <br /> Mr. Rosenberg would want to-see an agreement before issuing. Nft. Hamilton <br /> advised the Order would be tied to the deed. Mr. Rosenberg stated the <br /> Commission cannot make ars order requiring an escrow. The parties have to <br /> come in as part of their Ileal with ars agreement. Assurance that it gets clone <br /> is necessary. He read from the memo and asked, "What if they do neithee <br /> Mr. Hamilton stated DEP will issue an Order of Non-Compliance. They can <br /> take action. W. Sherman stated if JimMahala says he is going to take <br /> action, he would. He has given his personal word they would follow through. <br /> 1r. Hamilton stated beach profiling would have to be done and has been <br /> included. <br /> Mr. Sherman asked if the monies for profling will be added to the escrow <br /> account? W. Halton stated whether or not sand is put on the beach, they <br /> have to do the profile. Mr. Sherman stated people have defaulted in the past; <br /> there has been a history of nor -compliance. <br /> Mr. Rosenberg stated if parties have to put monies into the escrow fuel, <br /> including profile money, and someone has the responsibility of administering <br /> that, then the Commission would have someone to go against. These people <br />