APPENDIX B. Joint Protocol 



Applegate et al. v. United States 



MEASUREMENT AND ANALYSIS - JOINT PROTOCOL 

 December 20, 1996 (citation to Addenda added 1/15/97) 



This document specifies the manner in which an estimate of the actual and specific losses 

 incurred by the Plaintiffs shall be identified. This Protocol is based on present conditions and 

 conditions at the time of purchase of each property as determined through application of a tier of 

 methodologies described below that are ranked according to degree of accuracy. Losses shall be 

 determined as the change in land area and volume above the mean high water line (MHWL). 

 The Protocol does not distinguish the extent of losses or erosion that may be attributable to the 

 inlet or the losses or erosion that may be attributable to causes independent of the inlet. 



All estimates of losses shall be calculated from the date of each Plaintiffs purchase of property 

 until the date of the surveys performed in accordance with this Protocol. 



The following is a description of a protocol based on consideration of State of Florida statutes 

 and on the coastal processes and data available for Brevard County: 



Current Conditions: (1) A MHWL survey shall be performed for each Plaintiffs property. The 

 surveys shall be performed by using a methodology approved by the Bureau of Survey and 

 Mapping, Florida Department of Environmental Protection (FDEP), pursuant to Florida Statutes, 

 Chapter 177, Part II, the "Florida Coastal Mapping Act of 1974" and Chapter 61G-17-6 Florida 

 Administrative Code. The resultant surveys shall be provided to counsel of the United States and 

 filed with the Bureau of Survey and Mapping. (2) Profile surveys shall be performed at the 

 lateral boundary of each property (see Addendum 1), on each side of all significant 

 discontinuities of dunes, and on each side of shore-parallel and shore-normal protective 

 structures located on the active beach or dune of each property. The maximum lateral distance 

 between profile surveys shall be a hundred feet (100 ft). On each profile survey line, the location 

 and elevation of the dune crest, vegetation line, dune line (top of slope at seaward face of dune), 

 seaward toe of the dune where it meets the beach berm, MHWL, and the locations of other major 

 changes in elevation on the beach above the MHWL shall be surveyed for the property of each 

 Plaintiff by a Registered Land Surveyor. The locations of shore-protection structures and their 

 top elevation shall also be surveyed on each Plaintiffs property. 



All elevations shall be referenced to the local National Geodetic Vertical Datum (NGVD) of 

 1929. With respect to Tier 4 on the attached Table 1, at each FDEP "R" series monument that is 

 located directly north or south of a Plaintiffs property one (1) profile shall be surveyed at each 

 monument. All surveyed profiles will be tied to existing FDEP Coastal Construction Control 

 line monuments utilizing survey traverse lines. Profiles shall include (a) stationing along the 

 profile from the intersection of the profile with a baseline defined as a line connecting the FDEP 

 monuments to the north and south of the property, and (b) associated elevations at a minimum 



Appendix B Joint Protocol B-1 



