24-8265_Exhibit_K-2_-_ROW_16774-R_Permit.pdf

SFWMD STANDARD PERMIT NO. 16774-R

(NON-ASSIGNABLE)

Date Issued: September 14, 2023

AUTHORIZING: CONSTRUCTION OF A TWO-LANE PILE-SUPPORTED BRIDGE CROSSING THE

GOLDEN GATE MAIN CANAL AT 16TH STREET N.E. WITH INSTALLATION OF (3)

24-INCH OUTFALLS AND (1) 36-INCH OUTFALL (WAIVER FOR VERTICAL

CLEARANCE).

LOCATED IN: Collier County

ISSUED TO: Collier County Transportation Engineering Division 2885 Horseshoe Drive South Naples, FL 34104

This permit is issued pursuant to Application No. 230501-38473 dated May 31, 2023 and permittee's agreement to hold and save the South Florida Water Management District and its successors harmless from any and all damages, claims or liabilities which may arise by reason of the construction, maintenance or use of the work or structure involved in the Permit. Said application, including all plans and specifications attached thereto, is by reference made a part hereof. The permittee, by acceptance of this permit, hereby agrees that he/she shall promptly comply with all orders of the District and shall alter, repair or remove his/her use solely at his/her expense in a timely fashion. Permittee shall comply with all laws and rules administered by the District. This permit does not convey to permittee any property rights nor any rights or privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation, or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee.

This permit is issued by the District as a revocable license to use or occupy District works or lands. It does not create any right or entitlement, either legal or equitable, to the continued use of the District works or lands. Since this permit conveys no right to the continued use of the District works or lands, the District is under no obligation to transfer this permit to any subsequent party. By acceptance of this permit, the permittee expressly acknowledges that the permittee bears all risk of loss as a result of revocation of this permit.

WORK PROPOSED MUST BE COMPLETED ON OR BEFORE September 30, 2025 .

Otherwise, this permit is void and all rights there under are automatically canceled unless permittee applies for, in writing, a request for extension to the construction period and such request is received by the District on or before the expiration date and such request is granted, in writing, by the District.

SPECIAL CONDITIONS (SPECIFIC PROJECT CONDITIONS) AND LIMITING CONDITIONS ON

ATTACHED SHEETS ARE A PART OF THIS DOCUMENT.

FILED ON September 14, 2023

BY

DEPUTY CLERK

Special Conditions

1. THIS PERMIT SOLELY GRANTS APPROVAL IN CONCEPT ONLY FOR IMPROVEMENTS

IN THE DISTRICT'S RIGHT OF WAY AND DOES NOT AUTHORIZE ANY CONSTRUCTION

ACTIVITY BECAUSE PERMITTEE HAS NOT PROVIDED ANY DETAILS REGARDING THE

MEANS, METHODS, NEEDS, SCHEDULING OR OTHER ACTIVITIES RELATED TO

ACTUAL CONSTRUCTION OF THE PROPOSED IMPROVEMENTS (I.E., USE OF A

BARGE, STAGING OF MATERIALS, ACCESS, VEHICLE TYPES, DURATION OF

CONSTRUCTION, ETC.). ACCORDINGLY, NO CONSTRUCTION SHALL BE PERMITTED

IN THE DISTRICT'S RIGHT OF WAY UNTIL SUCH TIME AS PERMITTEE SELECTS A

CONTRACTOR WHO HAS SECURED ITS OWN PERMIT FOR TEMPORARY ACCESS

(WHICH, AMONGST OTHER THINGS, MAY AUTHORIZE ACCESS, STAGING, STORAGE,

CONSTRUCTION TRAILERS, CRANE USE, BARGES, TEMPORARY UTILITY SERVICE,

ETC. WITHIN THE RIGHT OF WAY). CONTRACTOR SHALL SUBMIT AN APPLICATION

AND OBTAIN AUTHORIZATION FOR TEMPORARY ACCESS TO THE RIGHT OF WAY IN

COMPLIANCE WITH THE “REQUIREMENTS TO ADDRESS MEANS AND METHODS OF

CONSTRUCTION; REQUIREMENT TO OBTAIN A SEPARATE ROW PERMIT FOR

TEMPORARY ACCESS” DOCUMENT ATTACHED TO THIS PERMIT. PERMITTEE IS

STRONGLY URGED TO INCLUDE THIS REQUIREMENT IN ITS CONTRACTS AND/OR BID

DOCUMENTS TO ENSURE THAT CONTRACTORS HAVE NOTICE OF THIS

REQUIREMENT WHICH MAY CAUSE DELAY IN THE COMMENCEMENT OF WORK AND

DELIVERY OF MATERIALS TO THE PROJECT SITE. CONTRACTORS MUST ALLOW

REASONABLE TIME FOR REVIEW AND PROCESSING OF THE REQUIRED PERMIT

APPLICATION BY THE DISTRICT. THE DISTRICT SHALL NOT BE LIABLE FOR ANY

CONSTRUCTION DELAYS, OR LOSSES OR COSTS INCURRED AS A RESULT OF

PERMITTEE'S FAILURE TO NOTIFY ITS CHOSEN CONTRACTOR OR BY

CONTRACTOR’S FAILURE TO ALLOW TIME FOR PROCESSING OF A PERMIT

APPLICATION IN THE DEVELOPMENT OF ITS PROJECT SCHEDULE.

2. PRIOR TO COMMENCEMENT OF CONSTRUCTION OR UTILIZATION OF THE DISTRICT'S RIGHT

OF WAY, PERMITTEE SHALL SCHEDULE AND HOLD A PRE-CONSTRUCTION MEETING WITH

THE DISTRICT'S FIELD REPRESENTATIVE ASSIGNED TO THIS PERMIT. NO WORK WITHIN

THE RIGHT OF WAY SHALL BE AUTHORIZED WITHOUT FIRST HAVING A MEETING AT WHICH

PERMITTEE SHALL BE REQUIRED TO OBTAIN NOTICE TO PROCEED FROM THE FIELD

REPRESENTATIVE. IF REQUESTED BY THE FIELD REPRESENTATIVE, PERMITTEE SHALL

PREPARE AND PRESENT THE FOLLOWING AT THE MEETING: A) COPIES OF ALL PERMITS

THAT MUST BE OBTAINED PRIOR TO THE START OF CONSTRUCTION; B) CONTACT

INFORMATION FOR PERMITTEE, THE CONTRACTOR AND/OR THIRD-PARTY INDEPENDENT

INSPECTOR, INCLUDING TELEPHONE NUMBERS, EMAIL ADDRESSES AND PHYSICAL

ADDRESSES; C) WRITTEN INVENTORY OF ALL VEHICLES AND/OR EQUIPMENT BY TYPE TO

ENTER UPON THE RIGHT OF WAY; D) WRITTEN PROCEDURES FOR VACATING THE RIGHT

OF WAY WITHIN 24 HOURS NOTICE FROM THE DISTRICT; AND E) CONTACT INFORMATION

FOR PERSONS AND/OR VENDORS RESPONSIBLE FOR EMERGENCY VACATION FROM THE

RIGHT OF WAY. PERMITTEE SHALL PROVIDE, PREPARE AND/OR PRESENT ANY OTHER

DOCUMENTATION, AS MAY BE DIRECTED BY THE FIELD REPRESENTATIVE, IN

PREPARATION FOR THE PRECONSTRUCTION MEETING.

Permit No: 16774-R, Page 2 of 16

3. ISSUANCE OF THIS PERMIT IS CONTINGENT UPON PERMITTEE'S CONSTRUCTION OF A

MAINTENANCE ACCESS RAMP (E.G., BOAT RAMP) WEST OF THE PROPOSED BRIDGE AT A

LOCATION TO BE APPROVED BY THE DISTRICT AND IN ACCORDANCE WITH DISTRICT

SPECIFICATIONS AND REQUIREMENTS. THE MAINTENANCE ACCESS RAMP SHALL BE

CONSTRUCTED AND APPROVED BY THE DISTRICT PRIOR TO COMMENCEMENT OF ANY

WORK AUTHORIZED BY THIS PERMIT. THE MAINTENANCE ACCESS RAMP SHALL BE FOR

THE USE OF THE DISTRICT, COLLIER COUNTY, AND OTHER AUTHORIZED GOVERNMENTAL

ENTITIES OR PARTIES AS MAY BE APPROVED BY THE DISTRICT.

4. PRIOR TO CONTACTING THE DISTRICT FOR A FINAL INSPECTION, PERMITTEE SHALL

REMOVE ALL CONSTRUCTION MATERIALS AND DEBRIS FROM THE DISTRICT'S CANAL AND

RIGHT OF WAY AND RESTORE THE RIGHT OF WAY TO THE SATISFACTION OF THE

DISTRICT. RESTORATION MAY REQUIRE, BUT NOT BE LIMITED TO, GRADING, COMPACTION

OF SOIL, PLACEMENT OF SOD, AND/OR INSTALLATION OF BANK STABLIZATION MATERIALS

(E.G., RIP RAP, FILTER FABRIC CLOTH, ETC.). PERMITTEE SHALL BE SOLELY LIABLE FOR ALL

COSTS ASSOCIATED WITH RESTORATION OF THE RIGHT OF WAY. ALL RESTORATIVE WORK

SHALL BE PERFORMED IN COMPLIANCE WITH DISTRICT AND/OR USACE SPECIFICATIONS

AND DIRECTION.

5. AN ENVIRONMENTAL RESOURCE PERMIT (ERP) SHALL BE REQUIRED FOR THE PROPOSED

WORK. PERMITTEE SHALL PRESENT A COPY OF ITS ERP PRIOR TO OR AT THE REQUIRED

PRE-CONSTRUCTION MEETING. NO WORK WITHIN THE CANAL SHALL COMMENCE WITHOUT

RECEIPT OF THE ERP AND OTHER REQUIRED REGULATORY PERMITS.

6. IMMEDIATELY UPON COMPLETION OF THE AUTHORIZED WORK, PERMITTEE SHALL

CONTACT THE DISTRICT'S FIELD REPRESENTATIVE ASSIGNED TO THIS PERMIT TO

SCHEDULE A FINAL INSPECTION. PERMITTEE SHALL BE REQUIRED TO ATTEND THE FINAL

INSPECTION AND PROVIDE COPIES OF ANY DELIVERABLES (E.G., CLOSED BUILDING

PERMIT, CERTIFIED AS-BUILT DRAWINGS, ETC.) REQUIRED BY THIS PERMIT AT THAT TIME.

PERMITTEE SHALL CORRECT ANY DEFICIENCIES IDENTIFIED DURING THE INSPECTION

WITHIN THE TIMEFRAME AND IN THE MANNER DIRECTED BY THE DISTRICT'S FIELD

REPRESENTATIVE.

7. WITHIN 30 DAYS OF COMPLETION (OR WITHIN 30 DAYS OF PERMIT ISSUANCE IF THE WORK

WAS COMPLETED PRIOR TO THE ISSUANCE OF THE PERMIT), PERMITTEE SHALL SUBMIT

TO THE DISTRICT ONE ELECTRONIC AND ONE HARD COPY OF THE REQUIRED

DOCUMENTATION CONSISTING OF A CERTIFICATION AND AS-BUILT DRAWING FROM THE

ENGINEER OF RECORD. SUCH DOCUMENTATION SHALL INCLUDE THE GPS LOCATION OF

THE WORK AND THE DATE THE WORK WAS COMPLETED AND CONFIRM THAT THE WORK

WAS PERFORMED IN COMPLIANCE WITH PERMIT CONDITIONS AND ANY OTHER

APPLICABLE DISTRICT SPECIFICATIONS. THE DOCUMENTATION MUST BE SUBMITTED TO

THE FIELD REPRESENTATIVE ASSIGNED TO THIS PERMIT. PERMITTEE SHALL BE REQUIRED

TO COMPLY WITH ANY REQUESTS OR REQUIREMENTS FOR DOCUMENTATION OF THE

COMPLETED WORK.

8. PRIOR TO COMMENCEMENT OF CONSTRUCTION OR UTILIZATION OF THE DISTRICT'S RIGHT

OF WAY, PERMITTEE SHALL BE REQUIRED TO CONTACT SUNSHINE 811 AND LOCAL

JURISDICTION(S) TO IDENTIFY ANY EXISTING BURIED UTILITIES BY USE OF ABOVE-GROUND

MARKERS (FLAGS) AND/OR COLOR-CODED INDICATOR LINES LOCATED WITHIN THE LIMITS

OF THE PROPOSED WORK AREA.

9. PRIOR TO THE ONSET OF GRADING, PERMITTEE SHALL INSTALL AND MAINTAIN A SILT

FENCE ALONG THE TOE OF BANK SLOPE IMMEDIATELY LANDWARD OF THE EDGE OF

WATER FOR THE TOTAL LENGTH OF THE PROJECT UNTIL WORK IS COMPLETED.

Permit No: 16774-R, Page 3 of 16

10. PRIOR TO WORK ON THE CANAL BANK FOR GRADING AND INSTALLATION OF BANK

STABILIZATION, PERMITTEE SHALL INSTALL TURBIDITY BARRIERS WITHIN THE CANAL

PARALLEL TO THE BANK AND PROVIDING PROTECTION FOR THE ENTIRE WORK AREA AS

DIRECTED BY THE DISTRICT'S FIELD REPRESENTATIVE ASSIGNED TO THIS PERMIT. IN

ADDITION, TURBIDITY BARRIERS INSTALLED FOR DREDGING ACTIVITIES SHALL BE

PLACED AS DIRECTED BY THE DISTRICT.

11. PERMITTEE SHALL TAKE APPROPRIATE PRECAUTIONS DURING WORK ACTIVITIES (E.G.,

TREE REMOVAL, SPOIL REMOVAL, GRADING, ETC.) TO AVOID DISTURBING THE CANAL

BANK SLOPE AND PREVENT SPOIL MATERIAL, DEBRIS, VEGETATION, ETC., FROM

ENTERING THE WATER. UNLESS OTHERWISE EXPRESSLY SET FORTH IN THIS PERMIT, NO

PLACEMENT OF ANY MATERIAL IS AUTHORIZED IN THE CANAL.

12. EXCAVATED MATERIAL FROM THE CANAL SHALL NOT BE STOCKPILED IN THE RIGHT OF

WAY. PERMITTEE SHALL REMOVE ALL EXCESS MATERIAL FROM THE RIGHT OF WAY.

13. PRIOR TO THE INSTALLATION OF THE RIP-RAP, PERMITTEE SHALL SHAPE THE CANAL

BANK WHERE THE RIP-RAP IS TO BE INSTALLED TO MATCH THE ADJACENT BANK AND

COVER THE ENTIRE AREA WITH SECURED FILTER CLOTH OR AN ALTERNATIVE MATERIAL

APPROVED BY THE DISTRICT.

14. PERMITTEE SHALL INSTALL AND MAINTAIN THE RIPRAP IN ACCORDANCE WITH THE PLANS

AND SPECIFICATIONS FOR THE WORK AUTHORIZED BY THIS PERMIT AND THE DISTRICT'S

SPECIFICATIONS ATTACHED HERETO. NO MODIFICATION OF THE BANK STABILIZATION

MATERIALS OR SPECIFICATIONS IS PERMITTED UNLESS EXPRESSLY AUTHORIZED IN

WRITING BY THE DISTRICT. WHERE THERE IS A CONFLICT BETWEEN THE PLANS, FDOT

SPECIFICATIONS, OR DISTRICT SPECIFICATIONS, THE DISTRICT'S SPECIFICATIONS SHALL

TAKE PRECEDENCE.

15. PERMITTEE SHALL INSTALL THE RIP-RAP AND FILTER FABRIC FROM A POINT 2 FEET

ABOVE THE DESIGN WATER ELEVATION TO THE TOE OF SLOPE AND EXTENDING

UPSTREAM AND DOWNSTREAM FOR THE ENTIRE PROJECT LIMITS IN ACCORDANCE WITH

THE PLANS AND SPECIFICATIONS FOR THE WORK AUTHORIZED BY THIS PERMIT.

16. THE INSTALLATION OF THE RIPRAP SHALL NOT ENCROACH WITHIN THE REQUIRED CANAL

DESIGN SECTION.

17. THE DISTRICT'S REVIEW OF BRIDGE PLANS AND RELATED IMPROVEMENTS ARE LIMITED

TO DETERMINING WHETHER THE IMPROVEMENTS IMPACT THE DISTRICT'S OPERATIONS

AND MAINTENANCE OF ITS RIGHTS OF WAY OR FLOOD CONTROL SYSTEM. ISSUANCE OF

THIS PERMIT BY THE DISTRICT SHALL NOT BE CONSTRUED BY PERMITTEE OR ANY OTHER

PARTY AS APPROVAL BY THE DISTRICT OF THE DESIGN, ENGINEERING OR

CONSTRUCTION OF THE PROPOSED IMPROVEMENTS. PERMITTEE SHALL BE SOLELY

RESPONSIBLE FOR ENSURING THAT THE BRIDGE IS DESIGNED, ENGINEERED AND

CONSTRUCTED TO SERVE ITS INTENDED PURPOSE.

18. THE MAXIMUM HEAD LOSS OF THE COMPLETED BRIDGE INSTALLATION SHALL BE LESS

THAN OR EQUAL TO FIVE-HUNDRETHS FOOT (0.05').

19. THE LOW MEMBER ELEVATION OF THE AUTHORIZED CROSSING SHALL BE SET AT

ELEVATION 14.9' NAVD 88 (16.2' NGVD 29) OR HIGHER.

Permit No: 16774-R, Page 4 of 16

20. PERMITTEE SHALL EXCAVATE THE CANAL TO THE DISTRICT'S PRE-DETERMINED DESIGN

SECTION HAVING A 75-FOOT WIDE BOTTOM AT ELEVATION 0.5' NAVD 88 (1.8' NGVD 29) AND

SIDES HAVING 1-FOOT HORIZONTAL (H) TO 2-FOOT VERTICAL (V) SLOPES. THE LIMITS OF

REQUIRED EXCAVATION SHALL EXTEND 25 FEET UPSTREAM AND DOWNSTREAM FROM

THE FACES OF THE PROPOSED BRIDGE. BEYOND THE AREA OF REQUIRED EXCAVATION,

PERMITTEE SHALL PERFORM TRANSITIONAL EXCAVATION, AS NEEDED, TO PROVIDE A

SMOOTH TRANSITION BETWEEN EXISTING AREAS OUTSIDE OF THE WORK AREA AND THE

EXCAVATED AREAS WITHIN THE WORK AREA, AND TO ENSURE THAT NONE OF THE WORK

PERFORMED WITHIN THE CANAL PRISM CAUSES EROSION, SHOALING OR OTHER

ADVERSE IMPACTS TO DISTRICT OPERATIONS AND MAINTENANCE.

21. PRIOR TO THE DRIVING OF THE FIRST PILE, PERMITTEE SHALL PROVIDE TO THE DISTRICT

CROSS-SECTIONS PREPARED BY SURVEYOR REGISTERED IN THE STATE OF FLORIDA,

VERIFYING THAT REQUIRED EXCAVATION WAS COMPLETED AND THAT THE CANAL

DESIGN SECTION COMPLIES WITH DISTRICT REQUIREMENTS. THE CROSS-SECTIONS

SHALL BE AT THE SAME LOCATIONS AS THOSE SUBMITTED TO DOCUMENT PRE-

EXCAVATION CONDITIONS. NO DRIVING OF PILES SHALL OCCUR UNTIL THE DISTRICT HAS

REVIEWED AND APPROVED THE CROSS-SECTIONS AND ISSUED WRITTEN

AUTHORIZATION TO PROCEED WITH PILE DRIVING.

22. CROSS-SECTION DRAWINGS REQUIRED BY THIS PERMIT SHALL BE TAKEN

PERPENDICULAR TO THE CENTERLINE OF THE CANAL AND INCLUDE THE ENTIRE CANAL

SECTION FROM TOP OF BANK TO TOP OF BANK AND EXTEND BEYOND TO THE DISTRICT'S

RIGHT OF WAY LINES. CROSS-SECTIONS SHALL BE TAKEN AT 10-FOOT INTERVALS FOR

THE ENTIRE WORK AREA, INCLUDING THE REQUIRED EXCAVATION AREA, TRANSITIONAL

ZONES AND A MINIMUM OF 10-FEET OF THE EXISTING, UNDISTURBED CANAL (UPSTREAM

AND DOWNSTREAM OF THE CROSSING). IN ADDITION, CROSS-SECTION DRAWINGS SHALL

BE SUPERIMPOSED OVER THE ORIGINAL (PRE-EXCAVATED) CROSS-SECTIONS OF THE

CANAL USING THE SAME HORIZONTAL/VERTICAL SCALE AND INCLUDE THE CROSS-

SECTIONAL AREA BELOW THE DESIGN WATER SURFACE ELEVATION FOR BOTH EXISTING

AND POST-WORK SECTIONS. ALL DRAWINGS SHALL BE COMPLETED USING NGVD 29.

23. PERMITTEE SHALL NOT PLACE SIGNS, SIGNAL POLES, GUARD RAIL OR ANY OTHER

IMPROVEMENTS WITHIN THE DISTRICT'S RIGHT OF WAY OR DESIGNATED EQUIPMENT

STAGING AREAS UNLESS OTHERWISE AUTHORIZED BY THIS PERMIT.

24. PERMITTEE ACKNOWLEDGES AND AGREES THAT DUE TO THE BRIDGE DESIGN, THE

DISTRICT MAY BE REQUIRED TO CLOSE ONE LANE OF BRIDGE TRAFFIC TO PERFORM

EMERGENCY OR ROUTINE MAINTENANCE OPERATIONS. THE DISTRICT SHALL ATTEMPT

TO NOTIFY PERMITTEE THAT SUCH ACTIVITIES ARE NECESSARY; HOWEVER, PERMITTEE

ACKNOWLEDGES AND AGREES THAT NOTICE SHALL NOT BE REQUIRED.

25. FOR PURPOSES OF THIS PERMIT, THE AUTHORIZATION INCLUDES THE BRIDGE AND ALL

RELATED IMPROVEMENTS AS DEPICTED ON THE APPROVED PLANS, INCLUDING, BUT NOT

LIMITED TO, DREDGING, BANK STABILIZATION, DISTRICT ACCESS IMPROVEMENTS, SIGNS,

TRAFFIC CONTROL DEVICES, GUARDRAILS, FENCES, SIDEWALKS, AND GRADING.

26. THE INVERT ELEVATION OF THE AUTHORIZED CONNECTION SHALL BE SET AT FOLLOWING

ELEVATIONS OR LOWER: S-606 = 5.5' NAVD 88 (6.8' NGVD 29), S-607 = 6.5' NAVD 88 (7.8' NGVD 29), S-704 = 6.5' NAVD 88 (7.8' NGVD 29), S-705 = 6.5' NAVD 88 (7.8' NGVD 29).

27. IF REQUIRED BY THE DISTRICT'S FIELD REPRESENTATIVE, PERMITTEE SHALL INSTALL

MATERIAL IN ANY VOIDS BETWEEN THE HEADWALL AND THE CANAL BANK (E.G., CRUSHED

ROCK) AND SOD STAKED AND PINNED OVER FILLED VOIDS OR ANY OTHER AREAS WHERE

STABILIZATION IS REQUIRED TO PROTECT THE INTEGRITY OF THE CANAL BANK. SUCH

INSTALLATION SHALL COMPLY WITH DIRECTION OF THE DISTRICT'S FIELD

REPRESENTATIVE.

Permit No: 16774-R, Page 5 of 16

28. PERMITTEE SHALL CONSTRUCT THE OUTFALL HEADWALLS TO INCLUDE ADEQUATE

RETURNS TO PREVENT EROSION.

29. PERMITTEE SHALL BE RESPONSIBLE FOR ENSURING THAT THE AUTHORIZED OUTFALLS

DO NOT DISCHARGE DEBRIS, VEGETATION OR AQUATIC MATERIAL INTO THE CANAL. IF

THE OUTFALL OR PERMITTEE FAILS TO PREVENT SUCH DISCHARGE, THE DISTRICT

RESERVES THE RIGHT TO REQUIRE PERMITTEE TO REMOVE AND DISPOSE OF DEBRIS

FROM THE CANAL AT ITS SOLE EXPENSE IMMEDIATELY UPON DEMAND BY THE DISTRICT.

FAILURE TO PREVENT OR REMOVE DISCHARGE FROM THE CANAL SHALL BE GROUNDS

FOR REVOCATION OF THIS PERMIT AND REMOVAL OF THE CULVERT FROM THE

DISTRICT'S RIGHT OF WAY.

30. ALL OUTFALLS MEASURING 36" IN DIAMETER OR GREATER SHALL BE EQUIPPED WITH A

SKIMMER OR BAFFLE WHICH EFFECTIVELY PRECLUDES THE DISCHARGE OF DEBRIS,

VEGETATION OR AQUATIC MATERIAL INTO THE CANAL. PERMITTEE SHALL BE

RESPONSIBLE FOR MAINTENANCE OF THE REQUIRED SKIMMER OR BAFFLE.

31. IF REQUIRED BY THE DISTRICT'S FIELD REPRESENTATIVE, PERMITTEE SHALL IDENTIFY

THE LOCATION OF AUTHORIZED FACILITIES WITH A PERMANENT MARKER PLACED AT A

LOCATION AND OF A STYLE APPROVED BY THE DISTRICT.

32. PERMITTEE SHALL SOD ALL DISTURBED BANK SLOPE AREAS AND ALL AREAS WITHIN 40

FEET OF THE TOP OF BANK WITH ARGENTINE BAHIA SOD (OR OTHER SOD APPROVED BY

THE DISTRICT). SOD SHALL BE STAKED/PINNED IN PLACE ON ALL BANK SLOPE AREAS AND

THOSE AREAS LYING WITHIN THREE (3) FEET OF THE TOP OF BANK.

33. PERMITTEE SHALL BE RESPONSIBLE FOR ENSURING THAT THE DISTRICT'S RIGHT OF WAY

(FROM THE RIGHT OF WAY LINE TO THE TOP OF BANK) THROUGHOUT THE PROJECT AREA

REMAINS CLEAR OF ALL NUISANCE AND EXOTIC VEGETATION.

34. THE WORK OR USE AUTHORIZED BY THIS PERMIT SHALL BE COMPLETED BY SEPTEMBER

30, 2025 UNLESS OTHERWISE EXTENDED BY THE DISTRICT IN WRITING. IF PERMITTEE

REQUIRES AN EXTENSION OF THE WORK EXPIRATION DATE, PERMITTEE SHALL SUBMIT A

REQUEST FOR AN EXTENSION IN THE MANNER AND FORM AS DIRECTED BY THE

DISTRICT. THE DISTRICT RESERVES THE RIGHT TO APPROVE, APPROVE WITH

CONDITIONS, OR DENY PERMITTEE'S REQUEST.

Permit No: 16774-R, Page 6 of 16

General Conditions

1. THIS AUTHORIZATION IS SOLELY FOR THE USE OF PERMITTEE AND PERMITTEE'S

CONTRACTOR(S)/SUB-CONTRACTOR(S) PERFORMING WORK WITHIN OR USING THE RIGHT

OF WAY.

2. AT NO TIME SHALL THE CANAL BE BLOCKED OR FLOWS OTHERWISE RESTRICTED OR

IMPEDED. THIS RESTRICTION SHALL INCLUDE, BUT NOT BE LIMITED TO, A PROHIBITION ON

THE USE OF DAMS OR FILL IN THE CANAL DURING ALL PHASES OF CONSTRUCTION AND

ANY SUBSEQUENT FUTURE MAINTENANCE OPERATIONS.

3. PERMITTEE AND/OR THE PERMITTEE'S CONTRACTORS SHALL ALWAYS MAINTAIN THE

DISTRICT'S VEHICULAR ACCESS THROUGHOUT THE PROJECT LIMITS. IF, IN PERMITTEE'S

OPINION, IT WILL BE NECESSARY FOR THE DISTRICT'S VEHICULAR ACCESS TO BE

BLOCKED, IMPEDED OR ALTERED AT ANY TIME, PERMITTEE SHALL SUBMIT A WRITTEN

REQUEST TO THE DISTRICT SETTING FORTH THE PROPOSED ACTIVITIES THAT WILL

RESULT IN OBSTRUCTION OF THE RIGHT OF WAY AND THE DATES THAT THE RIGHT OF

WAY WILL BE RENDERED INACCESSIBLE. WRITTEN PERMISSION FROM THE DISTRICT

SHALL BE REQUIRED PRIOR TO COMMENCEMENT OF PERMITTEE'S PROPOSED

OBSTRUCTION OF THE RIGHT OF WAY. THE DISTRICT, AT ITS SOLE DISCRETION,

RESERVES THE RIGHT TO APPROVE, APPROVE WITH CONDITIONS OR DENY PERMITTEE'S

REQUEST.

4. CONSTRUCTION SHALL BE PERFORMED IN ACCORDANCE WITH DISTRICT ENGINEERING

SPECIFICATIONS SET FORTH IN "SECTION 02220 - EXCAVATION AND BACKFILLING" (A COPY

OF WHICH IS ATTACHED TO THIS PERMIT) OF THE DISTRICT'S ENGINEERING STANDARDS

(ATTACHED) AND ANY OTHER APPLICABLE DISTRICT ENGINEERING STANDARDS

REFERENCED IN SECTION 02220, INCLUDING, BUT NOT LIMITED TO, GEOTECHNICAL

TESTING AND REPORTING REQUIREMENTS.

5. TURBIDITY BARRIERS SHALL BE PLACED WITHIN THE CANAL IF DIRECTED BY THE

DISTRICT'S FIELD REPRESENTATIVE AT THE PRE-CONSTRUCTION MEETING. PERMITTEE

SHALL BE REQUIRED TO REMOVE ALL VEGETATION AND SURFACE DEBRIS CAPTURED BY

SUCH DEVICES PRIOR TO THEIR REMOVAL. PERMITTEE SHALL REMOVE THE TURBIDITY

BARRIERS IN COMPLIANCE WITH DIRECTION FROM THE DISTRICT WHEN OPERATION,

MAINTENANCE OR EMERGENCY CONDITIONS REQUIRE SUCH REMOVAL.

6. THE DISTRICT'S FIELD REPRESENTATIVE SHALL HAVE SOLE AUTHORITY TO DETERMINE

WHETHER PERMITTEE'S METHODS OF CONSTRUCTION, INTERIM WORK, CONSTRUCTION

ACTIVITY OR USE OF THE RIGHT OF WAY IS IN CONFORMANCE WITH THE PERMIT

AUTHORIZATION, INCLUDING TERMS AND CONDITIONS, THE APPLICATION, RESPONSES OR

STATEMENTS MADE BY PERMITTEE DURING APPLICATION PROCESSING, AND SUPPORTING

DOCUMENTS INCORPORATED INTO THE PERMIT FILE. IF THE DISTRICT'S FIELD

REPRESENTATIVE DETERMINES THAT PERMITTEE'S ACTIVITIES ARE NOT IN

CONFORMANCE, HE/SHE SHALL ISSUE A STOP WORK ORDER TO PERMITTEE UNTIL SUCH

NONCONFORMANCE HAS BEEN RESOLVED TO THE SATISFACTION OF THE DISTRICT. IF

PERMITTEE CHOOSES TO PROCEED WITH THE WORK AUTHORIZED BY THIS PERMIT,

PERMITTEE ACKNOWLEDGES THIS CONDITION AND AGREES TO CEASE ALL ACTIVITY IN

THE DISTRICT'S RIGHT OF WAY IMMEDIATELY UPON RECEIPT OF THE STOP WORK ORDER.

7. NO VEHICULAR MAINTENANCE/REPAIR ACTIVITIES OR SUBSTANCES OR PARTS

ASSOCIATED WITH THE REPAIR OR MAINTENANCE OF VEHICLES/EQUIPMENT SHALL TAKE

PLACE, OR BE USED, STORED OR DISCARDED WITHIN THE RIGHT OF WAY. VEHICLES THAT

BECOME INOPERABLE ON THE RIGHT OF WAY SHALL BE REMOVED AS PROMPTLY AS

POSSIBLE. IN ADDITION, NO OVERNIGHT STORAGE OR PARKING OF EQUIPMENT,

ASSOCIATED MACHINERY OR CONSTRUCTION TRAILERS IS AUTHORIZED IN THE RIGHT OF

WAY, UNLESS OTHERWISE SPECIFICALLY AUTHORIZED HEREIN.

Permit No: 16774-R, Page 7 of 16

8. IF THE IMPROVEMENTS, WORK AND/OR USE AUTHORIZED BY THIS PERMIT (EITHER DURING

CONSTRUCTION OR FOLLOWING COMPLETION) RESULT IN ANY DAMAGE TO THE

DISTRICT'S RIGHT OF WAY (E.G., SHOALING, EROSION OR WASH-OUT OF ANY AREA IN THE

RIGHT OF WAY), DISTRICT FACILITIES AND/OR ANY OTHER FACILITIES (AUTHORIZED OR

UNAUTHORIZED), PERMITTEE SHALL BE SOLELY RESPONSIBLE FOR REPAIRING SUCH

DAMAGE. IN ADVANCE OF PERFORMING ANY REPAIRS, PERMITTEE SHALL CONSULT WITH

THE DISTRICT TO DETERMINE THE APPLICABLE DISTRICT PROCESSES AND

REQUIREMENTS WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, FILING AN APPLICATION

FOR A RIGHT OF WAY OCCUPANCY PERMIT TO SECURE AUTHORIZATION TO PERFORM

SUCH WORK. PERMITTEE SHALL BE RESPONSIBLE FOR ALL COSTS AND LIABILITY

RESULTING FROM SUCH DAMAGE.

9. THE DISTRICT SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS TO ANY IMPROVEMENTS

AND/OR RELATED APPURTENANCES AUTHORIZED BY THIS PERMIT RESULTING FROM

DISTRICT USE, OPERATION (E.G., GATE, PUMPING AND STRUCTURE OPERATIONS, WATER

LEVEL MANAGEMENT, WATER FLOWS, FLUCTUATIONS AND OPERATIONS OF ITS

STRUCTURES), ACTIVITY AND/OR MAINTENANCE OF OR IN ITS RIGHTS OF WAY OR OTHER

WORKS OF THE DISTRICT.

10. IF STORM, HURRICANE OR EMERGENCY CIRCUMSTANCES DEVELOP, THE DISTRICT IS

AUTHORIZED, AT ITS SOLE DISCRETION, TO TEMPORARILY OR PERMANENTLY SUSPEND

OR TERMINATE THE AUTHORIZED USE. IN SUCH EVENT, THE DISTRICT WILL CONTACT

PERMITTEE TO PROVIDE DIRECTION WHICH MAY INCLUDE, BUT IS NOT LIMITED TO,

VACATING THE RIGHT OF WAY, REMOVING AND/OR SECURING EQUIPMENT AND/OR

MATERIALS FROM THE RIGHT OF WAY, OR PERFORMING WORK TO ENSURE THAT THE

RIGHT OF WAY IS SUFFICIENTLY RESTORED TO ACCOMMODATE DISTRICT OPERATIONS

AND MAINTENANCE ACTIVITIES. PERMITTEE, INCLUDING ALL PERSONS, VENDORS, SUB-

CONTRACTORS OR AGENTS OF PERMITTEE, SHALL BE REQUIRED TO COMPLY WITH

DISTRICT DIRECTION. THE DISTRICT RESERVES THE RIGHT TO TERMINATE THE

AUTHORIZED USE IF PERMITTEE FAILS TO MAKE SURE THAT ALL PARTIES COMPLY WITH

THIS CONDITION.

11. PERMITTEE SHALL NOT STOCKPILE SOIL, MATERIALS OR DEBRIS IN THE RIGHT OF WAY.

SUCH MATERIALS SHALL BE REMOVED FROM THE RIGHT OF WAY UNLESS OTHERWISE

SET FORTH BY THE CONDITIONS OF THIS PERMIT. PERMITTEE SHALL EXERCISE BEST

MANAGEMENT PRACTICES TO PREVENT EROSION OR SOILS FROM ENTERING THE CANAL

DURING THE AUTHORIZED WORK, INCLUDING, BUT NOT LIMITED TO, THE TEMPORARY

INSTALLATION OF SILT FENCE OR OTHER MEANS OF CONTAINMENT ACCEPTABLE TO THE

DISTRICT.

12. THE DISTRICT'S REVIEW OF PERMITTEE'S PLANS IS LIMITED TO DETERMINING WHETHER

THE PROPOSED WORK WILL IMPACT THE DISTRICT'S OPERATIONS AND MAINTENANCE OF

ITS RIGHTS OF WAY OR FLOOD CONTROL SYSTEM. ISSUANCE OF THIS PERMIT BY THE

DISTRICT SHALL NOT BE CONSTRUED BY PERMITTEE OR ANY OTHER PARTY AS

APPROVAL BY THE DISTRICT OF THE DESIGN, ENGINEERING OR CONSTRUCTION OF THE

PROPOSED IMPROVEMENTS. PERMITTEE SHALL BE SOLELY RESPONSIBLE FOR

ENSURING THAT THE PROPOSED WORK IS DESIGNED, ENGINEERED AND CONSTRUCTED

TO SERVE ITS INTENDED PURPOSE.

Permit No: 16774-R, Page 8 of 16

13. THE DISTRICT RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REQUIRE AN

INSPECTION REPORT FROM A PROFESSIONAL ENGINEER OR CONTRACTOR LICENSED IN

THE STATE OF FLORIDA AT ANY TIME DURING WHICH THE AUTHORIZED WORK REMAINS

IN THE RIGHT OF WAY TO VERIFY THAT THE AUTHORIZED WORK COMPLIES WITH

INDUSTRY STANDARDS, PERFORMS THE FUNCTION FOR WHICH IT WAS DESIGNED AND IS

SOUND AND POSES NO THREAT TO THE DISTRICT'S RIGHT OF WAY AND/OR OPERATION

AND MAINTENANCE OF ITS FLOOD CONTROL SYSTEM. IF THE DISTRICT DETERMINES

THAT REPAIR, REPLACEMENT OR REFURBISHMENT OF THE AUTHORIZED WORK IS

REQUIRED, PERMITTEE SHALL IMMEDIATELY COMPLY WITH DISTRICT DIRECTION TO

SECURE APPROVALS/PERMITS, AS MAY BE REQUIRED, AND TO PERFORM SUCH WORK

WITHIN THE TIMEFRAME SET FORTH BY THE DISTRICT.

14. THE DISTRICT RESERVES THE RIGHT TO REQUIRE PERMITTEE TO SUBMIT CERTIFIED AS-

BUILT DRAWINGS PREPARED BY A PROFESSIONAL ENGINEER LICENSED IN THE STATE OF

FLORIDA WHEN, IN THE SOLE OPINION OF THE DISTRICT, THERE IS REASON FOR THE

DISTRICT TO POSSESS VERIFICATION THAT THE AUTHORIZED WORK WAS NOT

PERFORMED AND/OR INSTALLED IN COMPLIANCE WITH THE CONDITIONS OF THIS PERMIT.

IF THE DISTRICT MAKES SUCH A REQUEST, NO FINAL INSPECTION APPROVAL OF THE

AUTHORIZED WORK SHALL BE ISSUED UNTIL PERMITTEE PROVIDES THE CERTIFIED AS-

BUILT DRAWINGS. FAILURE TO COMPLY WITH A DISTRICT REQUEST FOR CERTIFIED AS-

BUILT DRAWINGS SHALL CONSTITUTE A VIOLATION OF THIS PERMIT.

15. PERMITTEE SHALL BE SOLELY RESPONSIBLE FOR PERFORMING REGULAR AND ROUTINE

INSPECTIONS OF THE IMPROVEMENTS AUTHORIZED BY THIS PERMIT AND CORRECTING

ANY DEFICIENCIES IDENTIFIED BY SUCH INSPECTIONS TO ENSURE THAT THE

IMPROVEMENTS CONTINUE TO COMPLY WITH THE PERMIT AND PERFORM, AS NEEDED,

TO PROTECT PUBLIC HEALTH, SAFETY AND WELFARE.

16. PERMITTEE SHALL MAKE PROSPECTIVE BIDDERS AWARE OF THE TERMS AND

CONDITIONS OF THIS PERMIT. PERMITTEE SHALL BE RESPONSIBLE FOR ALL ACTIONS OF

ITS CONTRACTORS AND AGENTS AND TO ENSURE THAT PARTIES ACTING ON BEHALF OF

PERMITTEE COMPLY WITH THE TERMS AND CONDITIONS OF THIS PERMIT.

17. PERMITTEE SHALL NEITHER CONSTRUCT, INSTALL OR PLACE ADDITIONAL

IMPROVEMENTS WITHIN THE DISTRICT'S RIGHT OF WAY, NOR USE THE RIGHT OF WAY

FOR ANY ACTIVITY (UNLESS EXPRESSLY AUTHORIZED BY THIS PERMIT) WITHOUT FIRST

HAVING OBTAINED A MODIFICATION OF THIS PERMIT. OF PARTICULAR NOTE, THAT AREA

MEASURING 40 FEET LANDWARD FROM THE TOP OF BANK SHALL REMAIN FREE AND

CLEAR OF ANY OBSTRUCTIONS, IMPROVEMENTS OR USE, UNLESS OTHERWISE

AUTHORIZED BY THIS PERMIT.

18. THIS PERMIT SHALL NOT BECOME VALID UNTIL ALL OTHER REQUIRED SOUTH FLORIDA

WATER MANAGEMENT DISTRICT, LOCAL, COUNTY AND/OR STATE PERMITS OR OTHER

AFFECTED PARTIES' APPROVALS HAVE BEEN OBTAINED. IF THERE IS A CONFLICT

BETWEEN THE WORK AUTHORIZED BY THIS PERMIT AND A PERMIT OBTAINED FROM A

DIFFERENT PUBLIC OR PRIVATE ENTITY, THE TERMS AND CONDITIONS OF THIS PERMIT

SHALL PREVAIL AND HAVE SUPERIORITY.

19. A COPY OF THE PERMIT PACKAGE WILL BE KEPT AT THE JOB SITE UNTIL COMPLETION OF

ALL PHASES OF CONSTRUCTION AND APPROVAL OF THE FINAL INSPECTION.

20. BASED ON THE DISTRICT'S RECORDS, THE DISTRICT IS NOT THE UNDERLYING FEE

OWNER OF PORTIONS OF OR ALL THE LANDS SUBJECT TO THIS PERMIT; THEREFORE,

PERMITTEE SHALL BE REQUIRED TO OBTAIN ALL NECESSARY APPROVALS FROM THE

UNDERLYING FEE OWNER AS REQUIRED UNDER STANDARD LIMITING CONDITION NO. 5.

Permit No: 16774-R, Page 9 of 16

21. PERMITTEE IS ADVISED THAT THE DISTRICT HAS NO CONTROL OVER THE SALE OR

TRANSFER OF REAL OR PERSONAL PROPERTY. IT IS THE SOLE OBLIGATION OF

PERMITTEE TO DISCLOSE TO PROSPECTIVE PURCHASERS THE EXISTENCE OF THIS

PERMIT, AND THE TERMS AND CONDITIONS CONTAINED HEREIN. BECAUSE THIS PERMIT

IS A REVOCABLE LICENSE THAT DOES NOT ATTACH TO THE LAND, PERMITTEE

CONTINUES TO BE OBLIGATED TO COMPLY WITH THIS PERMIT EVEN IF PERMITTEE SELLS

OR TRANSFERS THE REAL PROPERTY ADJACENT TO OR ENCUMBERED BY DISTRICT

RIGHT OF WAY. ACCORDINGLY, IT IS RECOMMENDED THAT PERMITTEE ENSURE THAT

THIS PERMIT IS TRANSFERRED TO A NEW OWNER IN CONJUCTION WITH ANY SALE OR

TRANSFER OF THE SUBJECT REAL PROPERTY.

Permit No: 16774-R, Page 10 of 16

40E-6.381. Limiting Conditions

The District's authorization to utilize lands and other works constitutes a revocable license (including both notice general permits and standard permits). In consideration for receipt of that license, Permittees shall agree to be bound by the following standard limiting conditions, which shall be included within all permits issued pursuant to this chapter:

1. All structures on District works for lands constructed by Permittee shall remain the property of Permittee, who shall be solely responsible for ensuring that such structures and other uses remain in good and safe condition. Permittees are advised that other federal, state and local safety standards may govern the occupancy and use of the District's lands and works. The District assumes no duty with regard to ensuring that such uses are so maintained and assumes no liability with regard to injuries caused to others by any such failure.

2. Permittee solely acknowledges and accepts the duty and all associated responsibilities to incorporate safety features, which meet applicable engineering practice and accepted industry standards, into the design, construction, operation and continued maintenance of the permitted facilities/authorized use. This duty shall include, but not be limited to, Permittee's consideration of the District's regulation and potential fluctuation, without notice, of water levels in canals and works, as well as the Permittee's consideration of upgrades and modifications to the permitted facilities/authorized use which may be necessary to meet any future changes to applicable engineering practice and accepted industry standards. Permittee acknowledges that the District's review and issuance of this permit, including, but not limited to, any field inspections performed by the District, does not in any way consider or ensure that the permitted facilities/authorized use is planned, designed, engineered, constructed, or will be operated, maintained or modified so as to meet applicable engineering practice and accepted industry standards, or otherwise provide any safety protections. Permittee further acknowledges that any inquiries, discussions, or representations, whether verbal or written, by or with any District staff or representative during the permit review and issuance process, including, but not limited to, any field inspections, shall not in any way be relied upon by Permittee as the District's assumption of any duty to incorporate safety features, as set forth above, and shall also not be relied upon by Permittee in order to meet Permittee's duty to incorporate safety features, as set forth above.

3. Permittee agrees to abide by all of the terms and conditions of this permit, including any representations made on the permit application and related documents. This permit shall be subject to the requirements of Chapter 373, F.S., and Chapter 40E-6, F.A.C., including all subsequent rule and criteria revisions. Permittee agrees to pay all removal and restoration costs, investigative costs, court costs and reasonable attorney's fees, including appeals, resulting from any action taken by the District to obtain compliance with the conditions of the permit or removal of the permitted use. If District legal action is taken by staff counsel, "reasonable attorney's fees" is understood to mean the fair market value of the services provided, based upon what a private attorney would charge.

4. This permit does not create any vested rights, and except for governmental entities and utilities, is revocable at will upon reasonable prior written notice. Permittee bears all risk of loss as to monies expended in furtherance of the permitted use. Upon revocation, the Permittee shall promptly modify, relocate or remove the permitted use and properly restore the right of way to the District's satisfaction. In the event of failure to so comply within the specified time, the District may remove the permitted use and Permittee shall be responsible for all removal and restoration costs.

5. This permit does not convey any property rights nor any rights or privileges other than those specified herein and this permit shall not, in any way, be construed as an abandonment or any other such impairment or disposition of the District's property rights. The District approves the permitted use only to the extent of its interest in the works of the District. Permittee shall obtain all other necessary federal, state, local, special district and private authorizations prior to the start of any construction or alteration authorized by the permit.

Permittee shall comply with any more stringent conditions or provisions which may be set forth in other

Permit No: 16774-R, Page 11 of 16 required permits or other authorizations. The District, however, assumes no duty to ensure that any such authorizations have been obtained or to protect the legal rights of the underlying fee owner, in those instances where the District owns less than fee.

6. Unless specifically prohibited or limited by statute, Permittee agrees to indemnify, defend and save the District (which used herein includes the District and its past, present and/or future employees, agents, representatives, officers and/or Governing Board members and any of their successors and assigns) from and against any and all lawsuits, actions, claims, demands, losses, expenses, costs, attorneys fees (including but not limited to the fair market value of the District's in-house attorneys' fees based upon private attorneys' fees/ rates), judgments and liabilities which arise from or may be related to the ownership, construction, maintenance or operation of the permitted use or the possession, utilization, maintenance, occupancy or ingress and egress of the District's right of way which arise directly or indirectly and are caused in whole or in part by the acts, omissions or negligence of the Permittee or of third parties. Permittee agrees to provide legal counsel acceptable to the District if requested for the defense of any such claims.

7. The District does not waive sovereign immunity in any respect.

8. The Permittee shall not engage in any activity regarding the permitted use which interferes with the construction, alteration, maintenance or operation of the works of the District, including:

(a) discharge of debris or aquatic weeds into the works of the District;

(b) causing erosion or shoaling within the works of the District;

(c) planting trees or shrubs or erecting structures which limit or prohibit access by District equipment and vehicles, except as may be authorized by the permit. Permittee shall be responsible for any costs incurred by the District resulting from any such interference, as set forth in (a), (b), and (c), above.

(d) leaving construction or other debris on the District's right of way or waterway;

(e) damaging District berms and levees;

(f) the removal of District owned spoil material;

(g) removal of or damage to District locks, gates, and fencing;

(h) opening of District rights of way to unauthorized vehicular access; or

(i) running or allowing livestock on the District's right of way.

9. The District is not responsible for any personal injury or property damage which may directly or indirectly result from the use of water from the District's canal or any activities which may include use or contact with water from the District's canal, since the District periodically sprays its canals for aquatic weed control purposes and uses substances which may be harmful to human health or plant life.

10. Permittee shall allow the District to inspect the permitted use at any reasonable time.

11. Permittee shall allow, without charge or any interference, the District, its employees, agents, and contractors, to utilize the permitted facilities before, during and after construction for the purpose of conducting the District's, routine and emergency, canal operation, maintenance, and construction activities. To the extent there is any conflicting use, the District's use shall have priority over the Permittee's use.

12. This permit is a non-exclusive revocable license. Permittee shall not interfere with any other existing or future permitted uses or facilities authorized by the District.

13. The District has the right to change, regulate, limit, schedule, or suspend discharges into, or withdrawals from, works of the District in accordance with criteria established by the Big Cypress Basin, the District, or the U.S. Army Corps of Engineers for the works of the District.

14. If the use involves the construction of facilities for a non exempt water withdrawal or surface water discharge, the applicant must apply for and obtain a water use or surface water management permit before or concurrently with any activities which may be conducted pursuant to the right of way occupancy permit.

15. The District shall notify the local ad valorem taxing authority of the lands affected by the permitted use, Permit No: 16774-R, Page 12 of 16 where the Permittee owns the underlying fee and derives a substantial benefit from the permitted use. The taxing authority may reinstate such lands on the tax roll. Failure to pay all taxes in a timely manner shall result in permit revocation. Such permit revocation shall not alleviate the responsibility of the Permittee to pay all taxes due and payable.

16. Permittee shall provide prior written notice to their successors in title of the permit and its terms and conditions.

17. Permittee authorizes the District to record a Notice of Permit through filing the appropriate notice in the public records of the county or counties where the project is. Governmental entities and utilities are not subject to this provision.

18. Permittee shall be responsible for the repair or replacement of any existing facilities located within the District's right of way which are damaged as a result of the installation or maintenance of the authorized facility.

19. All obligations under the terms of this permit authorization and any subsequent modifications hereto shall be joint and several as to all owners.

20. It is the responsibility of the Permittee to make prospective bidders aware of the terms and conditions of this permit. It shall be the responsibility of the Permittee's contractors to understand the terms and conditions of this permit and govern themselves accordingly.

21. It is the responsibility of the Permittee to bring to the attention of the District any conflict in the permit authorization or permit conditions in order that they may be resolved prior to the start of construction. In resolving such conflicts the District's determination will be final.

22. Special Conditions that are site specific shall be incorporated into every Permit as may be necessary in the best interest of the District.

23. The District is not responsible for the repair of or claims of damage to any facilities and uses which may incur damage resulting from the District’s utilization of its rights of way or use by third parties. Improvements placed within the right of way are done so at the sole risk of the owner.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085(1), 373.086, 373.103, 373.109, 373.129,373.1395, 373.603, 373.609, 373.613 FS. History--New 9-3-81, Formerly 16K-5.01(2), 16K-5.02(2), 16K-5.03(2), 16K-5.04(4), 16K-5.05, Amended 5-30-82, 12-29-86, 12-24- 91, 9-15-99, 8-12-13.

Permit No: 16774-R, Page 13 of 16

Exhibits

The following exhibits to this permit are incorporated by reference. The exhibits can be viewed by clicking on the links below

SFWMD ROW Permit Cover Letter.pdf

AttachmentA-AerialLocationMap_20230630.pdf

Attachment D-Canal Cross Sections.pdf

RoadwayPlans_20230630.pdf

StructuresPlans_20230630.pdf

Attachment E-16th_St_NE_Bridge_BHR.pdf

02220 Excavation and Backfilling.pdf

02370 Riprap System.pdf

C10_01 Bank Stabilization Treatment.pdf

Concept Only Approval - Additional Permitting Requirements.pdf

Permit No: 16774-R, Page 14 of 16 https://api.sfwmd.gov/v1/service/cms/documents/0900eeea950fcc78/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea95353787/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea950fcc7d/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea95353882/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea95353883/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea950fccc3/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea9575ea4a/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea957676b0/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea957676b1/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea9575ea4b/content

NOTICE OF RIGHTS

As required by Sections 120.569 and 120.60(3), Fla. Stat., the following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all of the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights.

RIGHT TO REQUEST ADMINISTRATIVE HEARING

A person whose substantial interests are or may be affected by the South Florida Water Management District’s (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a SFWMD decision which affects or may affect their substantial interests shall file a petition for hearing with the Office of the District Clerk of the SFWMD, in accordance with the filing instructions set forth herein, within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: (1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or (2) within 14 days of service of an Administrative Order pursuant to Section 373.119(1), Fla. Stat. "Receipt of written notice of agency decision" means receipt of written notice through mail, electronic mail, or posting that the SFWMD has or intends to take final agency action, or publication of notice that the SFWMD has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision.

If the District takes final agency action which materially differs from the noticed intended agency decision, persons who may be substantially affected shall, unless otherwise provided by law, have an additional Rule 28-106.111, Fla. Admin. Code, point of entry.

Any person to whom an emergency order is directed pursuant to Section 373.119(2), Fla. Stat., shall comply therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible.

A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. A timely request for an extension of time shall toll the running of the time period for filing a petition until the request is acted upon.

FILING INSTRUCTIONS

A petition for administrative hearing must be filed with the Office of the District Clerk of the SFWMD. Filings with the Office of the District Clerk may be made by mail, hand-delivery, or e-mail. Filings by facsimile will not be accepted. A petition for administrative hearing or other document is deemed filed upon receipt during normal business hours by the Office of the District Clerk at SFWMD headquarters in West Palm Beach, Florida. The District’s normal business hours are 8:00 a.m. – 5:00 p.m., excluding weekends and District holidays. Any document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the next regular business day.

Additional filing instructions are as follows:

Filings by mail must be addressed to the Office of the District Clerk, P.O. Box 24680, West Palm Beach, Florida 33416.

Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. It will be necessary to request that the SFWMD's

Permit No: 16774-R, Page 15 of 16 security officer contact the Office of the District Clerk. An employee of the SFWMD's Clerk's office will receive and file the petition.

Filings by e-mail must be transmitted to the Office of the District Clerk at clerk@sfwmd.gov. The filing date for a document transmitted by electronic mail shall be the date the Office of the District Clerk receives the complete document. A party who files a document by e-mail shall (1) represent that the original physically signed document will be retained by that party for the duration of the proceeding and of any subsequent appeal or subsequent proceeding in that cause and that the party shall produce it upon the request of other parties; and (2) be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed.

INITIATION OF ADMINISTRATIVE HEARING

Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Fla. Stat., and Rules 28-106.201 and 28-106.301, Fla.

Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 8 1/2 by 11 inch white paper. All petitions shall contain:

Identification of the action being contested, including the permit number, application number, SFWMD file number or any other SFWMD identification number, if known.

1.

The name, address, any email address, any facsimile number, and telephone number of the petitioner and petitioner’s representative, if any.

2.

An explanation of how the petitioner’s substantial interests will be affected by the agency determination.3.

A statement of when and how the petitioner received notice of the SFWMD’s decision.4.

A statement of all disputed issues of material fact. If there are none, the petition must so indicate.5.

A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD’s proposed action.

6.

A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD’s proposed action.

7.

If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes.

8.

A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD’s proposed action.

9.

MEDIATION

The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28-106.111 and 28-106.401–.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time.

RIGHT TO SEEK JUDICIAL REVIEW

Pursuant to Section 120.68, Fla. Stat., and in accordance with Florida Rule of Appellate Procedure 9.110, a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal with the Office of the District Clerk of the SFWMD in accordance with the filing instructions setforth herein within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice with the clerk of the appropriate district court of appeal.

Rev. 06/21/15

Permit No: 16774-R, Page 16 of 16 mailto:clerk@sfwmd.gov