2021_07_23_Permit_FDEP_397769-001_0002.pdf

www.dep.state.fl.us

Permittee/Authorized Entity:

Everglades National Park 40001 State Road 9336

Homestead, Florida 33034 Michael_machupa@nps.gov

Replacement of Sandfly Dock

Authorized Agent:

William Shelly

40001 State Road 9336 Homestead, Florida 33034 William_shelley@nps.gov

Environmental Resource Permit

State-owned Submerged Lands Authorization – Granted

U.S. Army Corps of Engineers Authorization – Separate Corps Authorization Required

Permit No.: 397769-001 EI

Permit Issuance Date: July 23, 2021

Permit Construction Phase Expiration Date: July 23, 2026

Permittee: Everglades National Park Permit Expiration: July 23, 2021 Permit No: 397769-001 EI

Consolidated Environmental Resource Permit and Sovereignty Submerged Lands Authorization

Permittee: Everglades National Park

PROJECT LOCATION

The activities authorized by this permit and sovereignty submerged lands authorization are located at Sandfly Island, Everglades City, Florida 34139, in Section 11, Township 53, Range 29, in Collier County.

PROJECT DESCRIPTION

The permittee is authorized to dismantle and replace a dock with an enclosed structure for a total over water structure of 425 square feet in Chokoloskee Bay, Class II Outstanding Florida Waters, Unclassified for shellfish harvesting. Authorized activities are depicted on the attached exhibits.

AUTHORIZATIONS

Replacement of Sandfly Dock

Environmental Resource Permit The Department has determined that the activity qualifies for an Environmental Resource Permit. Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of Chapter 373, Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.).

Sovereignty Submerged Lands Authorization The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) and issues certain authorizations for the use of sovereign submerged lands.

The Department has the authority to review activities on sovereign submerged lands under Chapters 253 and 258 of the Florida Statutes, and Chapters 18-18, 18-20, and 18-21, Florida Administrative Code, as applicable.

The activity appears to be located on sovereign submerged lands owned by the Board of Trustees. The activity is not exempt from the need to obtain the applicable proprietary authorization. As staff to the Board of Trustees, the Department has reviewed the activity described above, and has determined that the activity qualifies for a letter of consent under Rule 18-21.005(1)(c), Florida Administrative Code, and Section 253.77 of the Florida Statutes to construct and use the activity on the specified sovereign submerged lands and as long as the work performed is located within the boundaries as described herein and is consistent with the terms and conditions herein.

During this term of this Letter of consent you shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code. If such interest is terminated or the Board of Trustees determines that such interest did not exist on the date of issuance of this Letter of Consent, this Letter of Consent may be terminated by the Board of Trustees at its sole option. If the Board of Trustees terminates this Letter of Consent, you agree not to assert a claim or defense against the Board of Trustees arising out of this Letter of Consent.

Federal Authorization Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization shall be required from the Corps. You must apply separately to the Corps using their APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT, ENG FORM 4345, or alternative as allowed by their regulations. More information on Corps permitting may be found online in the Jacksonville District Regulatory Division Source Book at:

https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/.

Authority for review - an agreement with the USACOE entitled “Coordination Agreement Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection, or Duly Authorized Designee, State Programmatic General Permit”, Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act.

Coastal Zone Management Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Zone Management Act.

Water Quality Certification This permit also constitutes a water quality certification under Section 401 of the Clean Water Act, 33 U.S.C. 1341.

Other Authorizations You are advised that authorizations or permits for this activity may be required by other federal, state, regional, or local entities including but not limited to local governments or municipalities.

This permit does not relieve you from the requirements to obtain all other required permits or authorizations.

The activity described may be conducted only in accordance with the terms, conditions and attachments contained in this document. Issuance and granting of the permit and authorizations herein do not infer, nor guarantee, nor imply that future permits, authorizations, or modifications will be granted by the Department.

PERMIT/SOVEREIGNTY SUBMERGED LANDS CONDITIONS

The activities described must be conducted in accordance with:

The Specific Conditions The Special Consent Conditions The General Conditions The General Conditions for Sovereignty Submerged Lands Authorization The limits, conditions and locations of work shown in the attached drawings

The term limits of this authorization

You are advised to read and understand these conditions and drawings prior to beginning the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings herein. If you are using a contractor, the contractor also should read and understand these conditions and drawings prior to beginning any activity. Failure to comply with these conditions, including any mitigation requirements, shall be grounds for the Department to revoke the permit and authorization and to take appropriate enforcement action.

Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit and sovereignty submerged lands authorization, as described.

SPECIFIC CONDITIONS – ADMINISTRATIVE

1. All required submittals, such as certifications, monitoring reports, notifications, etc., shall be submitted to the Florida Department of Environmental Protection, South District Office, Submerged Lands and Environmental Resource Permitting, P.O. Box 2549, Fort Myers, FL 33902-2549 or via e-mail to FTMERP_Compliance@dep.state.fl.us . All submittals shall include the project name and indicated permit number when referring to this project.

Note: In the event of an emergency, the Permittee should contact the Department by calling (800)320-0519. During normal business hours, the permittee should call (239)344-5600.

SPECIFIC CONDITIONS - PRIOR TO ANY CONSTRUCTION

2. Storage or stockpiling of tools and materials (i.e., lumber, pilings, debris,) within wetlands, along the shoreline, within the littoral zone, or elsewhere within wetlands or other surface waters is prohibited.

SPECIFIC CONDITIONS LISTED SPECIES

3. This permit does not authorize the permittee to cause any adverse impact to or “take” of state listed species and other regulated species of fish and wildlife. Compliance with state laws regulating the take of fish and wildlife is the responsibility of the owner or applicant associated with this project. Please refer to Chapter 68A-27 of the Florida Administrative Code for definitions of “take” and a list of fish and wildlife species. If listed species are observed onsite, FWC staff are available to provide decision support information or assist in obtaining the appropriate FWC permits. Most marine endangered and threatened species are statutorily protected and a “take” permit cannot be issued. Requests for further information or review can be sent to FWCConservationPlanningServices@MyFWC.com.

SPECIFIC MANATEE PROTECTION CONDITIONS

4. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with, and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.

5. All vessels associated with the construction project shall operate at "Idle Speed/No

Wake” at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels shall follow routes of deep water whenever possible.

6. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers shall not impede manatee movement.

7. All on-site project personnel are responsible for observing water-related activities for the presence of manatees. All in-water operations, including vessels, shall be shutdown if a manatee comes within 50 feet of the operation. Activities shall not resume until every manatee has moved beyond the 50-foot radius of the project operation, or until 30 minutes has elapsed wherein a manatee has not reappeared within 50 feet of the operation. Animals shall not be herded away or harassed into leaving.

8. Any collision with or injury to a manatee shall be reported immediately to the FWC

Hotline at 1-888-404-FWCC. Collision and/or injury should also be reported to the U.S.

Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida.

9. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used. One sign measuring at least 3 ft. by 4 ft. which reads Caution: Manatee Area must be posted. A second sign measuring at least 8 1/2" by 11" explaining the requirements for “Idle Speed/No Wake” and the shutdown of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. Please see the Florida Fish and Wildlife Conservation Commission website for information on how to obtain appropriate signs: http://www.myfwc.com/docs/WildlifeHabitats/Manatee_EducationalSign.pdf

SPECIFIC CONDITIONS – OPERATION AND MAINTENANCE ACTIVITIES

10. Overboard or through hull discharges of trash, human or animal waste, gray water, or fuel shall not occur at this structure.

11. Sewage pump-out methods shall be carried out in the manner depicted on the attached permit drawings and ‘Post Construction Maintenance Plan’.

SPECIAL CONSENT CONDITIONS

1. The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty submerged lands or the applicant’s use and construction of structures on sovereignty submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization.

2. Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of Trustees of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure to enforce or a waiver prevent the Board of Trustees from enforcing the unenforced or waived provision in the event of a violation of that provision.

3. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty

(30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization.

4. All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the authorizations. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before the change becomes effective.

5. This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant that prohibits the activity.

GENERAL CONDITIONS FOR INDIVIDUAL PERMITS

The following general conditions are binding on all individual permits issued under chapter 62- 330, F.A.C., except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate project-specific conditions.

1. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S.

2. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase and shall be available for review at the work site upon request by the

Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction.

3. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project-specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit.

4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), “Construction Commencement Notice,” [October 1, 2013], which is incorporated by reference in paragraph 62-330.350(1)(d), F.A.C., indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. If available, an Agency website that fulfills this notification requirement may be used in lieu of the form.

5. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity.

6. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable:

a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex “Construction Completion and Inspection Certification for Activities Associated with a Private Single-Family Dwelling Unit” [Form 62-330.310(3)]; or

b. For all other activities “As-Built Certification and Request for Conversion to Operational Phase” [Form 62-330.310(1)].

c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form.

7. If the final operation and maintenance entity is a third party:

a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru

12.3.3 of Volume I) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located.

b. Within 30 days of submittal of the as- built certification, the permittee shall submit “Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity” [Form 62- 330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form.

8. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes.

9. This permit does not:

a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.;

b. Convey to the permittee or create in the permittee any interest in real property;

c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or

d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee.

10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S.

Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed.

11. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit.

12. The permittee shall notify the Agency in writing:

a. Immediately if any previously submitted information is discovered to be inaccurate; and

b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase.

13. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit.

14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or

(800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S.

15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62- 330.201, F.A.C., provides otherwise.

16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards.

17. This permit is issued based on the applicant’s submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts.

18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property.

GENERAL CONDITIONS FOR SOVEREIGNTY SUBMERGED LANDS

AUTHORIZATION

Any use of sovereignty submerged lands is subject to the following general conditions are binding upon the applicant and are enforceable under Chapter 253, F.S. and Chapter 258, F.S.

1. Sovereignty submerged lands may be used only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use will constitute a violation. Violation of the authorization will result in suspension or revocation of the applicant’s use of the sovereignty submerged lands unless cured to the satisfaction of the Board of Trustees.

2. Authorization under Rule 18-21.005, F.A.C., conveys no title to sovereignty submerged lands or water column, nor does it constitute recognition or acknowledgment of any other person’s title to such land or water.

3. Authorizations under Rule 18-21.005, F.A.C., may be modified, suspended or revoked in accordance with its terms or the remedies provided in Sections 253.04, F.S. and Chapter 18-14, F.A.C.

4. Structures or activities will be constructed and used to avoid or minimize adverse impacts to resources.

5. Construction, use, or operation of the structure or activity will not adversely affect any species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A- 27.004, and 68A-27.005, F.A.C.

6. Structures or activities will not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity will be modified in accordance with the court’s decision.

7. Structures or activities will not create a navigational hazard.

8. Structures will be maintained in a functional condition and will be repaired or removed if they become dilapidated to such an extent that they are no longer functional.

9. Structures or activities will be constructed, operated, and maintained solely for water dependent purposes.

10. The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty submerged lands or the applicant’s use and construction of structures on sovereignty submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization.

11. Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of Trustees of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure to enforce or a waiver prevent the Board of Trustees from enforcing the unenforced or waived provision in the event of a violation of that provision.

12. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty

(30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization.

13. All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the authorizations. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before the change becomes effective.

14. This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant that prohibits the activity.

NOTICE OF RIGHTS

This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application.

Petition for Administrative Hearing A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28- 106.201, F.A.C., a petition for an administrative hearing must contain the following information:

(a) The name and address of each agency affected and each agency’s file or identification number, if known;

(b) The name, address, any email address, any facsimile number, and telephone number of the petitioner; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests are or will be affected by the agency determination;

(c) A statement of when and how the petitioner received notice of the agency decision;

(d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate;

(e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action;

(f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and

(g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action.

The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.

Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.

Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time.

Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.

Mediation Mediation is not available in this proceeding.

FLAWAC Review The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department.

Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department.

Executed in Orlando, Florida. STATE OF FLORIDA DEPARTMENT

OF ENVIRONMENTAL PROTECTION

Jon M. Iglehart District Director South District Office

Attachments:

4 project drawing(s)

CERTIFICATE OF SERVICE

The undersigned duly designated deputy clerk hereby certifies that this document and all attachments, including all copies, were sent to the addressee and to the following listed persons:

U.S. Army Corps of Engineers, Fort Myers Office, fdep.other@usace.army.mil Collier County Property Appraiser, dstaruch@collierappraiser.com

FILING AND ACKNOWLEDGMENT

FILED, on this date, pursuant to Section 120.52(7), F.S., with the designated Department clerk, receipt of which is hereby acknowledged.

_________________________ ___July 23, 2021_______________ Clerk Date

AutoCAD SHX Text

CARD SOUND ROAD

AutoCAD SHX Text

MONROE CO.

AutoCAD SHX Text

FLAMINGO

AutoCAD SHX Text

DADE CO.

AutoCAD SHX Text

VISITOR CENTER

AutoCAD SHX Text

PUBLIC AIRPORTS

AutoCAD SHX Text

SWAMP OR SLOUGH

AutoCAD SHX Text

OBSERVATION TOWER

AutoCAD SHX Text

RANGER STATION

AutoCAD SHX Text

LEGEND

AutoCAD SHX Text

PARK BOUNDARY

AutoCAD SHX Text

COUNTY LINE

AutoCAD SHX Text

ROYAL PALM

AutoCAD SHX Text

BARNES SOUND

AutoCAD SHX Text

KEY LARGO

AutoCAD SHX Text

TO KEY WEST

AutoCAD SHX Text

WATER

AutoCAD SHX Text

FLORIDA BAY

AutoCAD SHX Text

LAND OUTSIDE PARK

AutoCAD SHX Text

CAPE SABLE

AutoCAD SHX Text

ATLANTIC OCEAN

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

BAY

AutoCAD SHX Text

WHITEWATER

AutoCAD SHX Text

SCALE OF MILES

AutoCAD SHX Text

SCALE OF KILOMETERS

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

KEY LARGO SCIENCE CENTER

AutoCAD SHX Text

BIG CYPRESS

AutoCAD SHX Text

MONROE COUNTY

AutoCAD SHX Text

LOOP

AutoCAD SHX Text

CITY

AutoCAD SHX Text

DADE COUNTY

AutoCAD SHX Text

MONROE COUNTY

AutoCAD SHX Text

ROAD

AutoCAD SHX Text

TAMIAMI TRAIL

AutoCAD SHX Text

AutoCAD SHX Text

FLORIDA

AutoCAD SHX Text

HOMESTEAD

AutoCAD SHX Text

PRESERVE

AutoCAD SHX Text

COLLIER COUNTY

AutoCAD SHX Text

NATIONAL

AutoCAD SHX Text

NATIONAL

AutoCAD SHX Text

PARK

AutoCAD SHX Text

BISCAYNE

AutoCAD SHX Text

MICCOSUKEE INDIAN RESERVATION

AutoCAD SHX Text

TAMIAMI

AutoCAD SHX Text

LOOP ROAD EDUCATION CENTER

AutoCAD SHX Text

GULF OF MEXICO

AutoCAD SHX Text

EVERGLADES CITY

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

TO NAPLES

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

SHARK VALLEY

AutoCAD SHX Text

FLORIDA'S TURNPIKE

AutoCAD SHX Text

PARK HEADQUARTERS

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

MIAMI

AutoCAD SHX Text

CHEKIKA

AutoCAD SHX Text

THIS PROJECT

AutoCAD SHX Text

THIS PROJECT

AutoCAD SHX Text

GULF COAST

AutoCAD SHX Text

NOTE: DRAWINGS IS IN FEET HARN/FL.FL-EF 1 INCH = 5 MILES (26,400 FT)

AutoCAD SHX Text

SAND FLY DOCK 25.82312 N LAT 81.39978 W LONG

AutoCAD SHX Text

EVERGLADES CITY

AutoCAD SHX Text

GULF COAST VISITOR CENTER

AutoCAD SHX Text

SCALE OF MILES

AutoCAD SHX Text

SCALE OF KILOMETERS

AutoCAD SHX Text 0.5

AutoCAD SHX Text 0.5

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text 1.5

AutoCAD SHX Text 1.0

AutoCAD SHX Text 0.5

AutoCAD SHX Text 0.5

AutoCAD SHX Text 1.0

AutoCAD SHX Text

CHOKOLOSKEE ISLAND

AutoCAD SHX Text

STATE ROAD 29

AutoCAD SHX Text

CHOLOLOSKEE BAY

AutoCAD SHX Text

CHOLOLOSKEE BAY

AutoCAD SHX Text

PARK BOUNDARY

AutoCAD SHX Text

THIS PROJECT

AutoCAD SHX Text

THIS PROJECT

AutoCAD SHX Text

EVERGLADES NATIONAL PARK

AutoCAD SHX Text

WORLD HERITAGE SITE

AutoCAD SHX Text

UNESCO

AutoCAD SHX Text

STATE

AutoCAD SHX Text

NATIONAL PARK SERVICE

AutoCAD SHX Text

EVERGLADES NATIONAL PARK

AutoCAD SHX Text

REGION

AutoCAD SHX Text

COUNTY

AutoCAD SHX Text

DEPARTMENT OF THE INTERIOR

AutoCAD SHX Text

UNITED STATES

AutoCAD SHX Text

LOCATION WITHIN PARK

AutoCAD SHX Text

NAME OF PARK

AutoCAD SHX Text

PMIS NO.

AutoCAD SHX Text

DRAWING NO.

AutoCAD SHX Text

SHEET

AutoCAD SHX Text

OF

AutoCAD SHX Text

TITLE OF SHEET

AutoCAD SHX Text

REPLACE SAND FLY DOCK

AutoCAD SHX Text

EVERGLADES BACKCOUNTRY

AutoCAD SHX Text

EVERGLADES NATIONAL PARK

AutoCAD SHX Text

SOUTHEAST

AutoCAD SHX Text

COLLIER

AutoCAD SHX Text

FLORIDA

AutoCAD SHX Text

AutoCAD SHX Text 174,982

AutoCAD SHX Text 308355

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

CONSTRUCTION DRAWINGS

AutoCAD SHX Text

SCALE:

AutoCAD SHX Text

AREA MAP

AutoCAD SHX Text

AS SHOWN

AutoCAD SHX Text

INDEX

AutoCAD SHX Text

SHEET NUMBER

AutoCAD SHX Text

SUB- SHEET

AutoCAD SHX Text

SHEET TITLE

AutoCAD SHX Text

AutoCAD SHX Text

COVER SHEET

AutoCAD SHX Text

AutoCAD SHX Text

DEMOLITION PLAN

AutoCAD SHX Text

AutoCAD SHX Text

DOCK SITE PLAN AND DETAILS

Gerhart_J date

Castillo_L permit clear

PORTA-POTTY

AutoCAD SHX Text

RAILINGS

AutoCAD SHX Text

SCALE OF FEET

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text PROJECT BENCHMARK IS THE TOP OF THE EXISTING DECKING AT THE NORTHWEST DOCK CORNER. APPROXIMATE NAVD-88 ELEV 4.42'

AutoCAD SHX Text NOTES: --REMOVE EXISTING DOCK IN ITS ENTIRETY. --TRANSPORT DEBRIS TO MAINLAND AND PROPERTY DISPOSAL ALL MATERIAL. --EXISTING DOCK MATERIALS: 4X4 PRESSURE TREATED WOOD PILES PRESSURE TREATED PILE CAPS AND STRINGERS COMPOSITE WOOD DECKING PRESSURE TREATED POSTS AND HANDRAILS.

AutoCAD SHX Text

SCALE: SCALE A

AutoCAD SHX Text

SCALE

AutoCAD SHX Text

SCALE A

AutoCAD SHX Text

EXISTING DOCK PLAN

AutoCAD SHX Text

SCALE:

AutoCAD SHX Text

EXISTING DOCK PHOTOGRAPH

AutoCAD SHX Text

NO SCALE

AutoCAD SHX Text

SCALE:

AutoCAD SHX Text

EXISTING DOCK PHOTOGRAPH

AutoCAD SHX Text

NO SCALE

AutoCAD SHX Text

DATE:

AutoCAD SHX Text

DESIGNED:

AutoCAD SHX Text

TECH. REVIEW:

AutoCAD SHX Text

SUB SHEET NO.

AutoCAD SHX Text

PMIS NO.

AutoCAD SHX Text

DRAWING NO.

AutoCAD SHX Text

SHEET

AutoCAD SHX Text

OF

AutoCAD SHX Text

TITLE OF SHEET

AutoCAD SHX Text

DRAWN:

AutoCAD SHX Text

DEMOLITION PLAN

AutoCAD SHX Text

AutoCAD SHX Text 174,982

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

W H SHELLEY

AutoCAD SHX Text

WHS

AutoCAD SHX Text

NPS

AutoCAD SHX Text 1/21/2021

AutoCAD SHX Text

BACKCOUNTRY

AutoCAD SHX Text

EVERGLADES NATIONAL PARK

AutoCAD SHX Text 308355

Gerhart_J date

PORTA- POTTY

AutoCAD SHX Text

STEPS AND LOWER PLATFORMS

AutoCAD SHX Text

TREE LINE

AutoCAD SHX Text

PIVOT PILE FOR LARGER BOATS

AutoCAD SHX Text 0+00

AutoCAD SHX Text 0+10

AutoCAD SHX Text 0+20

AutoCAD SHX Text 0+30

AutoCAD SHX Text 0+40

AutoCAD SHX Text 0+50

AutoCAD SHX Text 0+60

AutoCAD SHX Text -0+10

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text -5

AutoCAD SHX Text -10

AutoCAD SHX Text -15

AutoCAD SHX Text

MHHT

AutoCAD SHX Text

MLLT

AutoCAD SHX Text

PILE LOCATIONS

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

SOIL PROFILE

AutoCAD SHX Text

SYMBOL

AutoCAD SHX Text

DESCRIPTION

AutoCAD SHX Text

SAND/SHELL

AutoCAD SHX Text

SOFT SEDIMENT

AutoCAD SHX Text

TOP OF LIMEROCK

AutoCAD SHX Text NOTE: SOIL PROFILE WAS DETERMINED BY DRIVING A TILE PROBE INTO THE GROUND. NO SAMPLES OR PENETRATION TESTS FOR ENGINEERING DATA WHERE COLLECTED.

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

SCALE OF FEET

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

SCALE:

AutoCAD SHX Text

PLAN

AutoCAD SHX Text

SCALE A

AutoCAD SHX Text

SCALE:

AutoCAD SHX Text

PROFILE

AutoCAD SHX Text

AS SHOWN

AutoCAD SHX Text

MAIN LEVEL TOP OF DECK EL 3.5'

AutoCAD SHX Text

LOWER LEVEL TOP OF DECK EL 1.75'

AutoCAD SHX Text

SLOPE END SECTION OF MEET GRADE APPROXIMATE EL 3.2'

AutoCAD SHX Text

SOIL PROBE LOCATIONS

AutoCAD SHX Text

SOIL PROFILES

AutoCAD SHX Text

DOCK FENDERS FIVE EVENLY SPACED SEE DETAIL THIS SHEET

AutoCAD SHX Text 0+00

AutoCAD SHX Text 0+10

AutoCAD SHX Text 0+20

AutoCAD SHX Text -0+10

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text -5

AutoCAD SHX Text

SCALE:

AutoCAD SHX Text

END SECTION

AutoCAD SHX Text

AS SHOWN

AutoCAD SHX Text

MAIN LEVEL TOP OF DECK EL 3.5'

AutoCAD SHX Text

SCALE A

AutoCAD SHX Text

DESIGN LOAD FOR DECKING AND DECKING SUPPORT

AutoCAD SHX Text

DECK LIVE LOAD=100 PSF

AutoCAD SHX Text

DECK WIND UPLIFT LOAD=60 PSF

AutoCAD SHX Text

LATERAL WAVE LOAD=165 PSF

AutoCAD SHX Text

EXISTING DOCK DECK ELEVATION

AutoCAD SHX Text

EXISTING GROUND ELEVATION

AutoCAD SHX Text

MHHT

AutoCAD SHX Text

MLLT

AutoCAD SHX Text

LOWER LEVEL TOP OF DECK EL 1.75'

AutoCAD SHX Text

4X4 COMPOSITE LUMBER FENDER PILE

AutoCAD SHX Text

12" WOOD OR10"X10" CONCRETE PILES

AutoCAD SHX Text

ALUMINUM PILE CAP

AutoCAD SHX Text

FIBERGLASS GRATED DECKING

AutoCAD SHX Text

ALUMINUM BEAMS AND DECK SUPPORTS

AutoCAD SHX Text

INSTALL PILE WRAP ON TIMBER PILES. MUD LINE TO 1' BELOW CAP

AutoCAD SHX Text

MINIMUM PENETRATION 11' INTO SAND/SHELL OR 9' INTO LIMESTONE

AutoCAD SHX Text

DRIVE FENDER PILE INTO BOTTOM ENOUGH TO SECURE END FROM LATERAL MOVEMENT.

AutoCAD SHX Text

ALUMINUM U-SHAPED BRACKETS TO SECURE FENDER PILE

AutoCAD SHX Text

SCALE:

AutoCAD SHX Text

TYPICAL DOCK DETAILS

AutoCAD SHX Text

NO SCALE

AutoCAD SHX Text

SECTION

AutoCAD SHX Text

ELEVATION

AutoCAD SHX Text

FENDER DETAIL

AutoCAD SHX Text

ALUMINUM LIP AT EDGES OF GRATING

AutoCAD SHX Text

DATE:

AutoCAD SHX Text

DESIGNED:

AutoCAD SHX Text

TECH. REVIEW:

AutoCAD SHX Text

SUB SHEET NO.

AutoCAD SHX Text

PMIS NO.

AutoCAD SHX Text

DRAWING NO.

AutoCAD SHX Text

SHEET

AutoCAD SHX Text

OF

AutoCAD SHX Text

TITLE OF SHEET

AutoCAD SHX Text

DRAWN:

AutoCAD SHX Text

AutoCAD SHX Text 174,982

AutoCAD SHX Text

AutoCAD SHX Text

AutoCAD SHX Text

W H SHELLEY

AutoCAD SHX Text

WHS

AutoCAD SHX Text

NPS

AutoCAD SHX Text 1/21/2021

AutoCAD SHX Text

BACKCOUNTRY

AutoCAD SHX Text

EVERGLADES NATIONAL PARK

AutoCAD SHX Text 308355

AutoCAD SHX Text

DOCK SITE PLAN AND DETAILS

Gerhart_J date