262806MN_Permit_info.pdf

www.floridadep.gov

FLORIDA DEPARTMENT OF

Environmental Protection

Bob Martinez Center

2600 Blair Stone Road Tallahassee, FL 32399-2400

Ron DeSantis Governor

Jay Collins

Lt. Governor

Alexis A. Lambert Secretary

November 19, 2025

Sarasota County Attn: Joseph Kraus 1660 Ringling Blvd.

Sarasota, FL 34236 jkraus@scgov.net c/o

APTIM

Attn: Katy Brown 6401 Congress Ave, Suite 140 Boca Raton, FL 33487 kathryn.brown@aptim.com

Permit Modification No. 0240984-010-JN Permit No. 0240984-004-JC, Sarasota County South Siesta Key Beach Nourishment Project

Dear Mr. Kraus and Ms. Brown:

Your request to modify Permit No. 0240984-004-JC was received on September 30, 2025, and has been reviewed by Florida Department of Environmental Protection (Department) staff. The proposed permit modification is to revise the Hardbottom Biological Monitoring Plan to remove the aerial photography requirement.

Background

On November 27, 2006, the Department issued Permit No. 0240984-001-JC, to the Sarasota County Environmental Services (SCES) to construct a beach restoration project along the South Siesta Key shoreline. The project area spanned 2.1 miles and extended along a critically eroded section of shoreline, from 300 feet north of R-67 to 500 feet south of R-77. The beach was nourished with sand from four (4) offshore borrow areas (1A, 1B, 2A, and 2B). These borrow areas were previously authorized in the City of Venice Beach nourishment project (Permit No.

0211217-001-JC), and deeper cuts were authorized for the South Siesta Key beach restoration project to provide a sufficient volume of sand. A 25-foot-wide dune planting area was placed mailto:jkraus@scgov.net mailto:kathryn.brown@aptim.com

Joint Coastal Permit

Permit No. 0240984-010-JN from 164 feet north of R- 67 to 266 feet north of R-75, and from 208 feet north of R-76 to 202 feet south of R-77, using approximately 125,710 plants to vegetate the constructed dune. These plants included sea oats (Uniola paniculata), bitter panicgrass (Panicum amarum), beach sunflower (Helianthus debilis), sea-purslane (Sesuvium portulacastrum), and dune marsh-elder (Iva imbricata). Permit No. 0240984-001-JC expired on November 27, 2011.

On November 22, 2004, the SCES requested a mixing zone variance, File No. 0240984-002-EV, concurrently with the application for the permit described above. The variance request was later withdrawn.

On March 23, 2007, the Department modified Permit No. 0240984-001-JC with the issuance of Modification No. 0240984-003-EM, which allowed SCES to move a portion of the authorized dune planting area 25 feet seaward (west) of the previously approved location and to substitute shorter vegetation in the planting plan for this location. That portion of the dune is located at Turtle Beach Cabanas property (from R-70 + 650 feet to R-71). In addition, beach-quality sand that had been transported landward by wind and wave action and was covering the road and parking area along 350 feet of coastline at the southern portion of Turtle Beach Park (R-74 + 500 feet), was excavated and relocated into the authorized stockpile area at the park.

On December 18, 2014, the Department issued Permit No. 0240984-004-JC, to Sarasota County Public Works to dredge sand from three (3) offshore borrow areas using a hopper dredge and place the sand on the beach. The design beach berm would be filled to an elevation of +5.9 feet North American Vertical Datum (NAVD) at the dune line and would gradually slope to +4.9 feet NAVD at the crest of the seaward edge of the beach face. From there, the berm would have a foreshore slope of 1:10 (vertical:horizontal) to the existing profile. A submerged nearshore berm would be constructed fronting a 2,600-foot portion of the upland berm, and a vegetated dune would be restored behind a different 1,400-foot portion of the berm.

For additional background, please see the CONSOLIDATED NOTICE OF INTENT TO ISSUE

JOINT COASTAL PERMIT AND AUTHORIZATION TO USE SOVEREIGN

SUBMERGED LANDS for Permit No. 0240984-004-JC at the following website:

https://depedms.dep.state.fl.us:443/Oculus/servlet/shell?command=getEntity&[guid=20.71934.1

]&[profile=Permitting_Authorization]

On September 15, 2015, the Department issued Permit Modification No. 0240984-005-JN to Sarasota County, which revised the biological monitoring requirements of Specific Condition No. 30 in Permit No. 0240984-004-JC.

On October 21, 2015, the Department modified Permit No. 0240984-004-JC with the issuance of Permit Modification No. 0240984-006-JN to Sarasota County, which revised the project description to allow the option of using a hydraulic cutterhead dredge.

https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=20.71934.1%5d&%5bprofile=Permitting_Authorization%5d https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=20.71934.1%5d&%5bprofile=Permitting_Authorization%5d

On March 25, 2016, the Department modified Permit No. 0240984-004-JC with the issuance of Permit Modification No. 0240984-007-JN to Sarasota County, which authorized the deepening of Borrow Area 4 (BA4) by 18 inches (1.5 feet) and allowed for the as-built drawings for the dune restoration to be certified by an appropriate registered professional.

On February 24, 2023 the Department modified Permit No. 0240984-004-JC with the issuance of Permit Modification No. 0240984-008-JN to Sarasota County, which authorized the use of beach-compatible material from upland sand sources to repair portions of South Siesta Key beach impacted by Hurricane Hermine.

On April 14, 2023, the Department modified Permit No. 0240984-004-JC with the issuance of Permit Modification No. 0240984-009-JN to Sarasota County. The modification authorized the use of an additional dune access pathway and to add an addition staging area. The Department also took the opportunity to administratively update the General Conditions and Specific Conditions to current standards and fix labeling errors.

Justification and Staff Assessment

This modification is to revise the Biological Monitoring Plan (BMP) dated January 12, 2015.

The 2015 BMP requires the collection and submittal of aerial photography to the Department for the purpose of delineating the edges of hardbottom habitat within all monitored areas. The BMP also requires diver surveys, with differential Global Positioning System equipment, for the delineation of hardbottom habitat. Diver surveys provide more consistent and higher resolution data on the location of hardbottom than can be achieved through analysis of aerial photographs, making the requirement for collection and submittal of aerial photography an unnecessary burden on the Permittee. Removing the aerial photography requirement from the BMP will not reduce the Department’s capacity for detecting and measuring project-related impacts to hardbottom resources. The BMP has therefore been revised to remove the requirement for collection and submittal of aerial photography. Specific Condition 29 of the permit will also be updated to reflect the current biological monitoring requirements.

The specific conditions shall be modified as follows (strikethroughs are deletions, underlines are additions):

29. Hardbottom resources are present in the nearshore environment offshore of the proposed beach template. Hardbottom resources are also present around the proposed borrow areas.

Hardbottom resources shall be monitored to provide the Department with reasonable assurance that any project-related impacts will be documented if they occur. Any damage to hardbottom resources, either persistent or temporary, shall require mitigation.

A biological monitoring plan shall be submitted to the Department prior to construction.

Construction shall not begin until the Department has approved a biological monitoring plan for documenting potential impacts to hardbottom resources within the project area.

This biological monitoring plan shall include protocols for documenting potential impacts to hardbottom near borrow areas and nearshore hardbottom resources. Once approved, the The Permittee shall comply with and implement the Department-approved Biological Monitoring Plan (BMP) (Approved November 13, 2025) which is a binding part of this permit. Resumes of the monitoring crew shall also be submitted to the Department for approval prior to initiating monitoring efforts. Construction shall not begin until baseline (pre-construction) surveys of all resources in the project area (borrow areas and nearshore) have been conducted according to the monitoring plan and the results of these surveys have been submitted to the Department.

a. Hardbottom resources within 1000-feet of borrow areas shall be surveyed the summer immediately prior to construction and once more the summer immediately following construction. Monitoring reports of the hardbottom near the borrow areas shall detail the findings of each of the two surveys and shall be submitted to the JCP Compliance Officer. The pre-construction report shall be submitted within 90 days of completion of the field survey; the post-construction report (summer after construction) shall be submitted 90 days after the completion of the survey.

b. During construction, resources within 1000 feet of borrow areas shall be monitored once per week. Monitoring frequency shall be increased to twice per week if dredging occurs within 600 feet of hardbottom resources.

i. During construction, weekly monitoring reports that include the results of biological monitoring shall be submitted to the JCP Compliance Officer to provide assurance that dredging activities in the borrow area have not resulted in any project-related impacts to hardbottom resources.

ii. If any damage or excessive stress by sedimentation to marine organisms is found during monitoring, all dredging activities shall cease immediately within 600 feet of the area of damage and the Department shall be notified within 24 hours of the survey. If the damage is detected on a weekend or holiday, the Department shall be notified on the next business day. Notification shall include a description of the damage and preliminary quantitative estimates of the damage.

iii. As soon as possible from the time the damage or stress was noted, the Permittee shall submit to the JCP Compliance Officer for review and approval a detailed description of the damage/stress including a rapid assessment survey quantifying the extent and degree of damage, photographs, a plan to prevent further damage and a plan to repair the damage, if action has not already been taken. The plan shall be implemented within 7 days of discovering the damage unless a time extension is granted by the Department. Any damage to hardbottom resources, either persistent or temporary, shall require mitigation. Nothing herein shall preclude the Department from taking enforcement action as a result of the damage.

c. No dredging activities shall occur within 400 feet of hardbottom resources in the vicinity of the borrow areas.

i. The Permittee shall establish and maintain (during construction) a 400-foot buffer zone separating the authorized borrow area from the nearest hardbottom communities surrounding the borrow area. The Permittee shall inform the dredging contractor of this requirement, and show the buffer zone on the contract drawings.

ii. During all dredging operations, the Permittee shall require the dredging contractor to have electronic positioning equipment that continuously measures the vertical and horizontal location of the cutterhead at all times during construction operation. The horizontal positioning equipment shall be installed on the dredge so as to monitor the actual location of the dredge equipment and be interfaced with the depth-monitoring device. This equipment shall provide a permanent record of the position referenced to State Plane Coordinates and NAVD. As part of the final report, the Permittee shall provide a daily record of the position of the dredge equipment, which includes the dredge area limits and the buffer zone with actual and maximum authorized dredge depth referenced to state plane coordinates and NAVD. Vertical and horizontal accuracy of the positioning equipment shall also be reported. If at any time the dredging encroaches into the buffer zone or exceeds the authorized dredged depth, the Permittee shall notify the JCP Compliance Officer within 24 hours.

d. During construction, weekly reports shall be submitted to the JCP Compliance Officer to provide assurance that dredging activities in the borrow area have not occurred within the buffer surrounding hardbottom resources.

i. Weekly reports shall include figures that show the position of dredging activities in borrow areas relative to the hardbottom resources surrounding the borrow areas. Reports shall also include a table with daily information on the position of the dredge equipment and its distance from both the dredge area limits, the 400-foot buffer zone, and the hardbottom resources surrounding the borrow areas.

Actual and authorized dredge depths referenced to state plane coordinates and NAVD shall also be provided. Vertical and horizontal accuracy of the positioning equipment shall be reported.

ii. If at any time the dredging encroaches into the buffer zone or exceeds the authorized dredged depth, the Permittee shall notify the JCP Compliance Officer within 24 hours.

e. A total of 5 monitoring events shall be required to document potential project related impacts to nearshore hardbottom resources. Nearshore hardbottom resources shall be monitored the summer immediately prior to construction, the summer immediately post-construction, and annually for three additional years. Monitoring shall include the delineation of the landward edge of hardbottom (i.e., hardbottom edge survey) and surveys along transects. Additional details regarding monitoring protocols and reporting shall be described in a monitoring plan that shall be submitted to the JCP Compliance Officer and approved by the Department prior to initiating any monitoring efforts. are described in the attached Biological Monitoring Plan.

The Biological Monitoring Plan shall be revised as follows:

The Biological Monitoring Plan (dated November 13, 2025) shall replace the Biological Monitoring Plan (dated January 12, 2015)

After thorough review of your application, staff finds that the proposed modification is not expected to adversely affect water quality or be contrary to the public interest. Staff has also determined that the proposed alteration does not increase the potential for adverse impact on the coastal system, public beach access seaward of the mean high water line or nesting marine turtles and hatchlings and their habitat, and that the proposed alteration does not reduce the design adequacy of the project. Since the proposed modification is not expected to result in any adverse environmental impact or water quality, the permit is hereby modified as stated above. By copy of this letter and the attached Biological Monitoring, we are notifying all necessary parties of the modification.

This letter of approval does not alter the December 18, 2029 expiration date. [The only Specific Conditions of the permit that are altered by this modification are those stated above. This letter and the attached Biological Monitoring Plan must be attached to the original permit.

This permit is hereby modified unless a sufficient petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, Florida Statutes (F.S.), as provided below. The procedures for petitioning for a hearing are set forth below. Mediation under Section 120.573, F.S., is not available for this proceeding.

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 Rules

28-106.201 and 28-106.301, 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, 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, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. 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 and persons entitled to written notice under Section 120.60(3), F.S., 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. 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 mailto:Agency_Clerk@dep.state.fl.us http://web2.westlaw.com/find/default.wl?ordoc=I0C7293C0912311DB8F8F8100D79B57CF&rp=%2ffind%2fdefault.wl&DB=1000006&DocName=FLSTS120%2E569&FindType=L&AP=&rs=WLW9.08&ifm=NotSet&fn=_top&sv=Split&mt=Florida&utid=4&vr=2.0&pbc=38B33E51 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, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the 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.

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 Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, 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 must be filed within 30 days from the date this action is filed with the Clerk of the Department.

If you have any questions regarding this matter, please contact Diana Butsch by email at diana.butsch@floridadep.gov or by telephone at (850) 245-8069.

EXECUTION AND CLERKING:

Executed in Tallahassee, Florida.

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

Sean Green Environmental Manager Beaches, Inlets and Ports Program Office of Resilience and Coastal Protection

Attachments: Biological Monitoring Plan (dated November 13, 2025) mailto:Agency_Clerk@dep.state.fl.us mailto:diana.butsch@floridadep.gov

CERTIFICATE OF SERVICE

The undersigned duly designated deputy clerk hereby certifies that this permit and all attachments were sent on the filing date below to the following listed persons:

cc: Greg Garis, RCP

Sean Green, RCP Ivana KennyCarmola, RCP Shamim Murshid, RCP Ahsan Habib, RCP William Boudreau, RCP Brendan Biggs, RCP Ashley LeVere, FWC

BIPP

JCP Compliance

BMES

CE Review marineturtle@myfwc.com ImperiledSpecies@myfwc.com conservationplanningservices@myfwc.com

FILING AND ACKNOWLEDGMENT

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

Clerk Date

11/19/2025 mailto:marineturtle@myfwc.com mailto:ImperiledSpecies@myfwc.com mailto:conservationplanningservices@myfwc.com

FLORIDA DEPARTMENT OF

Environmental Protection

Bob Martinez Center

2600 Blair Stone Road Tallahassee, FL 32399-2400

Ron DeSantis Governor

Jeanette NNuñez

Lt. Governor

Shawn Hamilton Secretary

February 24, 2023

Sarasota County Capital Projects Department Attn: Curtis Smith, P.G., PMP 1660 Ringling Blvd.

Sarasota, FL 34236 crsmith@scgov.net c/o

ATM, a Geosyntec Company Attn: Robert B. Neal, P.E.

314 Walnut Street, Suite 200 Wilmington, NC 28401 robertb.neal@appliedtm.com

Permit Modification No. 0240984-008-JN Permit No. 0240984-004-JC, Sarasota County

Dear Mr. Smith and Mr. Neal:

Your request to modify Permit No. 0240984-004-JC was received on November 29, 2022 and has been reviewed by Florida Department of Environmental Protection (Department) staff. The proposed permit modification is to authorize the use of beach-compatible material from upland sand sources to repair portions of South Siesta Key Beach impacted by Hurricane Hermine.

Background

On November 27, 2006, the Department issued Permit No. 0240984-001-JC, to the Sarasota County Environmental Services (SCES) to construct a beach restoration project along the South Siesta Key shoreline. The project area spanned 2.1 miles and extended along a critically eroded section of shoreline, from 300 feet north of R-67 to 500 feet south of R-77. The beach was nourished with sand from four (4) offshore borrow areas (1A, 1B, 2A, and 2B). These borrow areas were previously authorized in the City of Venice Beach nourishment project (Permit No.

0211217-001-JC), and deeper cuts were authorized for the South Siesta Key beach restoration project to provide a sufficient volume of sand. A 25-foot-wide dune planting area was placed from 164 feet north of R-67 to 266 feet north of R-75, and from 208 feet north of R-76 to 202

Notice of Permit Modification Permit Modification No. 0240984-008-JN feet south of R-77, using approximately 125,710 plants to vegetate the constructed dune. These plants included sea oats (Uniola paniculata), bitter panicgrass (Panicum amarum), beach sunflower (Helianthus debilis), sea-purslane (Sesuvium portulacastrum), and dune marsh-elder (Iva imbricata). Permit No. 0240984-001-JC expired on November 27, 2011.

On November 22, 2004, the SCES requested a mixing zone variance, File No. 0240984-002-EV, concurrently with the application for the permit described above. The variance request was later withdrawn.

On March 23, 2007, the Department modified Permit No. 0240984-001-JC with the issuance of Modification No. 0240984-003-EM, which allowed SCES to move a portion of the authorized dune planting area 25 feet seaward (west) of the previously approved location and to substitute shorter vegetation in the planting plan for this location. That portion of the dune is located at Turtle Beach Cabanas property (from R-70 + 650 feet to R-71). In addition, beach-quality sand that had been transported landward by wind and wave action and was covering the road and parking area along 350 feet of coastline at the southern portion of Turtle Beach Park (R-74 + 500 feet), was excavated and relocated into the authorized stockpile area at the park.

On December 18, 2014, the Department issued Permit No. 0240984-004-JC, to Sarasota County Public Works to dredge sand from three (3) offshore borrow areas using a hopper dredge and place the sand on the beach. The design beach berm would be filled to an elevation of +5.9 feet North American Vertical Datum (NAVD) at the dune line and would gradually slope to +4.9 feet NAVD at the crest of the seaward edge of the beach face. From there, the berm would have a foreshore slope of 1:10 (vertical:horizontal) to the existing profile. A submerged nearshore berm would be constructed fronting a 2,600-foot portion of the upland berm, and a vegetated dune would be restored behind a different 1,400-foot portion of the berm.

For additional background, please see the CONSOLIDATED NOTICE OF INTENT TO ISSUE

JOINT COASTAL PERMIT AND AUTHORIZATION TO USE SOVEREIGN

SUBMERGED LANDS for Permit No. 0240984-004-JC at the following website:

https://depedms.dep.state.fl.us:443/Oculus/servlet/shell?command=getEntity&[guid=20.71934.1

]&[profile=Permitting_Authorization]

On September 15, 2015, the Department issued Permit Modification No. 0240984-005-JN to Sarasota County, which revised the biological monitoring requirements of Specific Condition No. 30 in Permit No. 0240984-004-JC.

On October 21, 2015, the Department modified Permit No. 0240984-004-JC with the issuance of Permit Modification No. 0240984-006-JN to Sarasota County, which revised the project description to allow the option of using a hydraulic cutterhead dredge.

On March 25, 2016, the Department modified Permit No. 0240984-004-JC with the issuance of Permit Modification No. 0240984-007-JN to Sarasota County, which authorized the deepening of Borrow Area 4 (BA4) by 18 inches (1.5 feet) and allowed for the as-built drawings for the dune restoration to be certified by an appropriate registered professional.

Staff Assessment and Justification

Revision of the Project Description Sarasota County has a grant agreement with the Federal Emergency Management Agency (FEMA) to restore impacts from Hurricane Hermine (2016) along the 2.1-mile project shoreline between Department Reference Monument R-67 to R-77. This FEMA emergency grant expires on June 30, 2023. The current permit authorizes the use of compatible offshore dredge material for placement within the beach fill template of South Siesta Key. However, due to the low placement volume, high mobilization costs of offshore dredges, and the impending expiration deadline of the FEMA grant, the County intends to complete the Hurricane Hermine repairs with beach-compatible sand obtained from upland sand mines.

Adequacy Of Geotechnical Data and Analysis Pursuant to Rule 62B-41.007(2)(j), F.A.C., to protect the environmental functions of Florida’s beaches, only beach compatible fill shall be placed on the beach or in any associated dune system.

Beach compatible fill is material that maintains the general character and functionality of the material occurring on the beach and in the adjacent dune and coastal system.

Upland sand source samples were collected for this project in 2022. Each sample was sieved, a gradation analysis completed, and grain size distribution curves created. Composite grain size curves were then provided for the range of grain size distributions for this product. This information was submitted in the permit modification application. This information was sufficient for the Department to complete a review and determine the permit complete for geotechnical review.

In accordance with Rule 62B-41.007(4), F.A.C., sediment quality control/quality assurance plans were submitted on November 29, 2022, for this project that will ensure that the sediment from the borrow areas to be used will meet the standard in Rule 62B-41.007(2)(j), F.A.C. The Department requires compliance with these plans.

Material Characterization

Composites Munsell

Color Mean grain size (mm)

Sorting (mm)

% Silt*

% Fine Gravel**

% Carbonate

Beach 5Y 5/1 0.53 0.61 0.3 0.5 84.4

Vulcan Witherspoon

7.5YR 8/1 0.49 0.81 0.1 0 N/A

Vulcan Diamond

7.5YR 8/1 0.38 0.87 0.17 0 N/A

Cemex Davenport

10YR 7/3 0.30 1.30 0.10 0 0.40

Cemex Lake Wales (med)

10YR 8/2 0.40 N/A 0 0 <2

Cemex Lake Wales (fine)

10YR 8/2 0.24 N/A 0.10 0 <2

Stewart Materials Immokalee

7.5YR 8/1 0.36 0.83 0.6 0 0.10

*Passing #230 sieve, **Retained on #4 sieve

Beach and Borrow Area Compatibility The fill material to be obtained from the upland areas listed above is sand that is similar to the native beach sediment in terms of color, grain size, sorting, and shell content. The silt content meets Department standards. Based upon the information and analysis provided by the applicant, the material from the proposed upland mines is expected to maintain the general character and functionality of the material occurring on the beach and in the adjacent dune and coastal system with Rule 62B41.007(2)(j), F.A.C.

The Department and representatives of Florida Fish and Wildlife Commission (FWC) have reviewed the request and have determined that the proposed activity is not expected to result in adverse impacts to the coastal system or biological resources. The Department has therefore revised the project description to reflect this change.

Updating Specific Conditions The Department and the FWC have refined the language of certain Specific Conditions to reduce ambiguity. These changes clarify common misinterpretations, update requirements, and ensure consistency across permits. As such, updates have been made throughout the permit.

Update of the General Consent Conditions Rule 18-21, F.A.C. was revised in 2019, and the revision included an updated set of General Consent Conditions for all sovereign submerged lands authorizations. Accordingly, General Consent Condition (GCC) 8 was added, GCC 8 and 9 were then renumbered as 9 and 10, and the rule cited in the new GCC 10 was updated.

The general consent conditions shall be replaced as follows (strikethroughs are deletions, underlines are additions):

1. Authorizations are valid 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 shall constitute a violation. Violation of the authorization shall result in suspension or revocation of the grantee’s use of the sovereignty submerged land unless cured to the satisfaction of the Board.

2. Authorizations convey no title to sovereignty submerged land or water column, nor do they constitute recognition or acknowledgment of any other person’s title to such land or water.

3. Authorizations may be modified, suspended or revoked in accordance with their terms or the remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18-14, F.A.C.

4. Structures or activities shall be constructed and used to avoid or minimize adverse impacts to sovereignty submerged lands and resources.

5. Construction, use or operation of the structure or activity shall not adversely affect any species that 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 shall not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity shall be modified in accordance with the court’s decision.

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

8. Activities shall not interfere with the public easement for traditional uses of the sandy beaches provided in section 161.141, F.S.

89. Structures shall be maintained in a functional condition and shall be repaired or removed if they become dilapidated to such an extent that they are no longer functional. This shall not be construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005, F.A.C., within one year, of a structure damaged in a discrete event such as a storm, flood, accident or fire.

9 10. Structures or activities shall be constructed, operated and maintained solely for water dependent purposes, or for non-water dependent activities authorized under paragraph 18-21.004(1)(fg), F.A.C., or any other applicable law.

The project description shall be revised as follows (strikethroughs are deletions, underlines are additions):

The beach nourishment project is to dredge may utilize sand from three (3) offshore borrow areas using a hopper or hydraulic cutterhead or hopper dredge and to place the sand on the beach. Beach-compatible material obtained from approved upland sand mines may also be utilized for beach placement. The design beach berm will be filled to an elevation of +5.9 feet North American Vertical Datum (NAVD) at the dune line and will gradually slope to +4.9 feet NAVD at the crest of the seaward edge of the beach face.

From there, the berm will have a foreshore slope of 1:10 (vertical : horizontal) to the existing profile. A submerged nearshore berm will be constructed fronting a 2,600-foot portion of the upland berm, and a vegetated dune will be restored behind a different 1,400-foot portion of the berm.

The activity includes consideration of an application for a 15-year sovereign submerged lands public easement (Instrument No. 41704, BOT File No. 580238155) containing

231.888 acres or 10,101,041.28 square feet, more or less, for Borrow Area 1; 121,672 acres or 5,300,032.32 square feet, more or less, for Borrow Areas 3a and 3b together; and

105.880 acres or 4,612,132.8 square feet, more or less, for Borrow Area 4.

The specific conditions shall be revised as follows (strikethroughs are deletions, underlines are additions):

3. The Permittee shall not conduct project operations or store project-related equipment in, on or over dunes, or otherwise impact dune vegetation, outside the approved staging, beach access and dune restoration areas designated in the permit drawings. Dunes that are impacted within approved staging or access areas shall be restored to pre-construction grade and shall be at an elevation consistent with adjacent dunes. Any vegetation that is impacted within approved staging or access areas shall be restored to pre-construction densities with similar species. Restoration activities shall be complete prior to a notice of completion to the Department.

4. Pre- Construction Submittals. Notice to Proceed Requirements. For each construction event under this permit, nNo work shall commence be conducted under this permit until the Permittee has satisfactorily submitted all information noted in this condition received a written notice to proceed from the Department for each event. At least 30 days prior to commencement of construction, the requested date of issuance of the notice to proceed, the Permittee shall submit the following items for review written request for a Notice to Proceed and the following items for review and approval by the Department. Unless otherwise notified by the Department within 15 days of receipt of all information specified below, the Permittee shall assume the submittals are satisfactory:

a. An electronic copy of detailed final construction plans and specifications for all authorized activities. The plans and specifications must be consistent with the project description of this permit and the attached permit drawings, and shall also be certified by a professional engineer (P.E.), who is registered in the State of Florida. The plans and specifications shall include a description of the dredging and construction methods to be utilized and drawings and surveys that show all biological resources and work spaces (e.g., anchoring areas, pipeline corridors, staging areas, boat access corridors, etc.) to be used for this project;

b. Biological Opinion. Documentation from the U.S. Fish and Wildlife Service (USFWS) that this work will be covered under a Statewide Programmatic Biological Opinion or a Biological Opinion(s) (BO) issued for construction on this project site. If the BO contains conditions that are not already contained herein, a permit modification may be required prior to construction to include those additional conditions. In accordance with Section 161.041(5), F.S., no construction that could result in take of threatened and marine turtles shall begin until the federal incidental take authorization is issued in accordance with the federal Endangered Species Act. All terms and conditions and conservation measures in the applicable federal incidental take authorization, if not addressed in the existing conditions listed below, shall be incorporated into this permit through a permit modification prior to construction. ;

c. Public Easement. Documentation that the Public Easement has been executed and recorded to the satisfaction of the Department;

d. Turbidity monitoring qualifications. Construction at the project site shall be monitored closely by an experienced, independent third party to assure that turbidity levels do not exceed the compliance standards established in this permit.

Also, an individual familiar with beach construction techniques and turbidity monitoring shall be present at all times when fill material is discharged on the beach. This individual shall have authority to alter construction techniques or shut down the dredging or beach construction operations if turbidity levels exceed the compliance standards established in this permit. The names and qualifications of those individuals performing these functions along, with 24-hour contact information shall be submitted for approval;

e. A Scope of Work for the turbidity monitoring to ensure that the right equipment is available to conduct the monitoring correctly at any location, and under any conditions;

f. Biological monitoring qualifications: Biological monitoring qualifications shall be submitted to the JCP Compliance Officer for review. If additional monitoring team(s) are subcontracted, or new staff is added to the monitoring team, proposed changes and qualifications shall be submitted to the JCP Compliance Officer for review at least 30 days prior the sampling event. The Permittee’s selected biological monitoring firm is fully responsible for training of new staff members and subcontractors as well as the QA/QC verification of their work;

g. A detailed Biological Monitoring Plan, as outlined in Specific Conditions 30 and 31 subject to review and approval by the Department; and

h. A detailed Physical Monitoring Plan, as outlined in Specific Condition 29, subject to review and approval by the Department.

i. Documentation confirming that the approved upland source is currently producing the quantity and quality of the authorized sand product required for the upcoming event, as required by Specific Condition 9.

j. Fish & Wildlife Monitoring Qualifications: To ensure that individuals conducting monitoring of fish and wildlife resources have appropriate qualifications, the Permittee shall provide documentation demonstrating expertise/experience in surveying the types of resources that are present in the project. The Department and the Florida Fish and Wildlife Conservation Commission (FWC) will review this information for confirmation that the monitors are capable of meeting the requirements in Specific Conditions 10 through 25. This documentation shall include the following:

i. Marine Turtle Protection: A list of the names and the FWC permit numbers for the Marine Turtle Permit Holders.

ii. Shorebird Protection: A list of Bird Monitors with their contact information, summary of qualifications including bird identification skills, and avian survey experience, proposed locations of shorebird survey routes, and the locations of travel routes.

5. Pre-Construction Conference. The Permittee shall conduct a pre-construction conference to review the specific conditions and monitoring requirements of this permit with Permittee's contractors, the engineer of record, those responsible for turbidity monitoring, those responsible for protected species monitoring, staff representatives of the FWC and the JCP Compliance Officer (or designated alternate) prior to each construction event. In order to ensure that appropriate representatives are available, at least twenty-one (21) days prior to the intended commencement date for the permitted construction, the Permittee is advised to contact the Department, and the other agency representatives listed below:

JCP Compliance Officer e-mail: JCPCompliance@dep.state.fl.us

FWC Imperiled Species Management Section Florida Fish & Wildlife Conservation Commission 620 South Meridian Street

Tallahassee, Florida 32399-1600 phone: (850) 922-4330 fax: (850) 921-4369 or email: marineturtle@myfwc.com

FWC Regional Biologist See Contact list for phone numbers (http://myfwc.com/conservation/you-conserve/wildlife/shorebirds/contacts)

The Permittee is also advised to schedule the pre-construction conference at least a week prior to the intended commencement date. At least seven (7) days in advance of the pre-construction conference, the Permittee shall provide written notification, advising the participants (listed above) of the agreed-upon date, time and location of the meeting, and also provide a meeting agenda and a teleconference number.

If the actual construction start date is different from the expected start date proposed during the preconstruction conference, at least 48 hours prior to the commencement of each dredging event, the Permittee shall ensure that notification is sent to the FWC indicating the actual start date and the expected completion date to MarineTurtle@MyFWC.com. The Permittee shall also ensure that all contracted workers and observers are provided a copy of all permit conditions.

7. Sediment quality will be assessed as outlined in the Sediment QA/QC plan dated March 20, 2014 (received on April 18, 2014) December 5, 2022 (attached). Any occurrences of placement of material not in compliance with the Plan shall be handled according to the protocols set forth in the Sediment QA/QC plans. The sediment testing result shall be submitted to the Department’s JCP Compliance Officer within 90 days following the completion of beach construction. The Sediment QA/QC plans include the following:

a. If during construction, the Permittee or Engineer determines that the beach fill material does not comply with the sediment compliance specifications, measures will be taken to avoid further placement of noncompliant fill, and the sediment inspection results will be reported to the Department’s JCP Compliance Officer.

b. The Permittee will submit post-construction sediment testing results and an analysis report as outlined in the Sediment QA/QC plan to the Department’s JCP Compliance Officer within 90 days following beach construction. The sediment testing results will be certified by a P.E. or professional geologist (P.G.) from the testing laboratory. A summary table of the sediment samples and test results for the sediment compliance parameters as outlined in Table 1 of the Sediment QA/QC plan shall accompany the complete set of laboratory testing results. A statement of how the placed fill material compares to the sediment analysis and volume calculations from the geotechnical investigation shall be included in the sediment testing results report.

c. A post-remediation report containing the site map, sediment analysis, and volume of non-compliant fill material removed and replaced will be submitted to the Department’s JCP Compliance Officer within 7 days following completion of remediation activities.

8. Material from the following mines were reviewed and are approved for use under this permit:

- The non-shelly sand product from Vulcan Witherspoon mine in Moore Haven, FL;

- the beach sand product from Vulcan Diamond mine in Lake Wales, FL;

- the Medium Beach Sand product from Cemex Davenport in Davenport, FL;

- the Fine and Medium Beach Sand products from Cemex Lake Wales in Lake

Wales, FL; and

- the beach sand Stewart Materials in Immokalee, FL

Any additional upland sand sources will have to be requested for review through the permit modification process.

9. Prior to each construction event, the Permittee (or Permittee’s Representative) shall submit documentation confirming that the authorized upland sand source(s) is currently producing both the quantity and quality of the authorized sand product(s) to meet the needs of the upcoming event. The documentation shall be signed and sealed by a Registered Professional in the State of Florida (i.e., a P.E. or P.G.) and shall indicate the name(s) of the product(s), the upland sand source(s) and the approximate volume (per product per source) needed for the upcoming event. The Permittee shall submit the documentation to the Department as a preconstruction submittal item no later than 45 days prior to construction. Note: If the upland source(s) is no longer producing a product consistent with the approved Sediment QA/QC Plan, a permit modification will be required to authorize an alternate source.

Specific Conditions 8 – 28 will be stricken and replaced with Specific Conditions 10 – 25 and all subsequent conditions (28-36) have been renumbered accordingly (26-38).

8 10. In accordance with Sections 161.041 (5) and 379.2431 (1), F.S., no work shall be conducted under this permit until the Biological Opinions from the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) have been issued and incidental take has been authorized. However, if the Biological Opinions require additional Fish and Wildlife Protection Conditions that are not currently listed below, no construction shall begin until the permit has been modified to include those additional conditions.

11. In-water Activity. The Permittee shall adhere to the following requirements for all in-water activity:

a. The Permittee shall instruct all personnel associated with the project about the presence of marine turtles and manatees, and the need to avoid collisions with (and injury to) these protected marine species. The Permittee shall be responsible for harm to these resources and shall require their contractors to advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees or marine turtles, which are protected under the Endangered Species Act, the Marine Mammal Protection Act, the Marine Turtle Protection Act and the Florida Manatee Sanctuary Act.

b. All vessels associated with the construction project shall operate at "Idle

Speed/No Wake” at all times while in the immediate project 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.

c. Siltation or turbidity barriers (if used) shall be made of material in which manatees and marine turtles cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment.

Barriers shall not impede manatee or marine turtle movement or travel.

d. The Permittee is responsible for all on-site project personnel and shall require them to observe water-related activities for the presence of marine turtles and manatee(s). All in-water operations shall be immediately shut down if a marine turtle or manatee comes within 50 feet of the operation. For unanchored vessels, operators shall disengage the propeller and drift out of the potential impact zone.

If drifting would jeopardize the safety of the vessel then idle speed may be used to leave the potential impact zone. Activities shall not resume until the animal(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the animal(s) has not reappeared within 50 feet of the operation.

Animals shall not be herded away or harassed into leaving.

e. Any collision with (or injury to) a marine turtle or manatee shall be reported immediately to the FWC Hotline at 888-404-3922, and to the FWC at ImperiledSpecies@MyFWC.com. Any collision with (and/or injury to) a marine turtle shall also be reported immediately to the Sea Turtle Stranding and Salvage Network (STSSN) at SeaTurtleStranding@MyFWC.com.

f. Temporary signs concerning manatees shall be prominently posted prior to and during all in-water project activities, at sufficient locations to be regularly and easily viewed by all personnel engaged in water-related activities. Two temporary signs, which have already been approved for this use by the FWC, shall be posted at each location. One sign shall read “Caution Boaters - Watch for Manatees”. A second sign measuring at least 8 ½" by 11", shall explain the requirements for “Idle Speed/No Wake” and the shutdown of in-water operations.