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18 January 2001 <br /> Page 8. <br /> Mr. Talbot asked how much linear footage they expect to expose during <br /> i <br /> each love tide work period? He was told 25'. Mr. Sherman added, <br /> expose and recover. <br /> Ms Boretos stated the V-zone is elevation 23, she does not believe any toe <br /> stones are going to stay there. <br /> Mr. Borrelli stressed that time is important. Mr. Sherman stated that as <br /> far as emergency certification, if treated as a true emergency-and the <br /> policy on amended orders disregarded, this would have to be declared an <br /> emergency by some other' governmental agency. There would have to <br /> immincnt threat to human health or safety and this is a threat to <br /> property. It would be difficult to invoke the emergency provision. <br /> Mr. Sherman stated this work may not last, it may collapse in the next <br /> few gears. Mr. Cook stated he would not waste his time if he did not <br /> think he could do it. Asked if he would give therm a guarantee that if it <br /> slumps in the next two years he would Borne back and do it for free? Mr. <br /> Cook stated he already told thein that. <br /> Mr. Borrelli reminded the Commission, when they approved Moran, he <br /> could theoretically say to forget this, he will build what was approved. <br /> Part of the approval was 100' in front of Fl6rence. They could build <br /> Florence; he has a Chapter 91 license. If he gets worried, because his <br /> house is 2 ' and if he has to wait any substantial time, he could exercise <br /> his. rights tomorrow and start. Mr. Sherman was not sure the <br /> Commission should have approved that. <br /> Ms Boretos asked ed if they are triggering an E F with additional armoring <br /> of coastal bank? Mr. Borrelli stated not on Florence because they do not <br /> creed any other State permits, they have Chapter 9 1. They do need a <br /> Corps permit which will follow the Notice of Intent. The new work to be <br /> clone is above Mean an High Water. 'Their position is that no ENF 'is <br /> required and they have checked that out with the State. <br /> Mr. Sherman stated the Commission will have to be polled to see if they <br /> are satisfied that the Burden of Proof has been ret and they are <br /> convinced that this can be done this vac. He is not sure and has <br /> concerns about this temporary platform slumping as fast as -they dig it <br /> out. Mr. Cook stated 1t won't but they won't have much time. <br /> L <br />