www.floridadep.gov

FLORIDA DEPARTMENT OF

Environmental Protection

Bob Martinez Center 2600 Blair Stone Road

Tallahassee, FL 32399-2400

Ron DeSantis Governor

Jeanette Nuñez Lt. Governor

Noah Valenstein Secretary

April 2, 2020

Charlotte County Board of County Commissioners Attn: Matthew Logan 18500 Murdock Circle Port Charlotte, Florida 33948 Matthew.Logan@charlottecountyfl.gov and

Sarasota County Government Attn: Lori Ann Carroll, PMP, Utility Operations Manager Capital Projects Department 1001 Sarasota Center Blvd., Sarasota, Florida 34240 lcarroll@scgov.net c/o

AGENT:

Coastal Engineering Consultants, Inc.

Attn: Michael Poff 3106 South Horseshoe Drive Naples, Florida 34104 mpoff@cecifl.com

Permit No. 0359636-002-JM, Charlotte & Sarasota County Manasota Key Beach Restoration and Nourishment

Dear Mr. Logan and Ms. Carroll:

This is to acknowledge the receipt of the Florida Fish and Wildlife Conservation Commission (FWC) recommendation to correct the marine turtle monitoring period specified by the above referenced permit.

Permit No. 0359636-002-JM Manasota Key Beach Restoration and Nourishment www.floridadep.gov

Specific Condition 21 incorrectly indicates that early nesting season extends from March1 through April 30 and that marine turtle nesting surveys shall start at March 1. Historically, early nesting season in this region, and thus the required nesting surveys, begins on April 15th

Department staff has determined that the correction does not increase the potential for take, violation of state water quality standards or adverse impact on the coastal system. No formal modification of the permit is required at this time however, instead the correction will be made during the next modification of the permit.

You may proceed with the authorized construction activity; however, please be guided that the periods for construction-related marine turtle monitoring are during the early nesting season (April 15 through May 1) and late nesting season (November 1 through November 15).

All other terms and conditions of the permit remain in effect. Upon completion of the project, the correction is to be noted, along with the authorization contained in this letter, in the final reports sent to the FWC Imperiled Species Management section.

If I may be of any further assistance, please contact Sean Green by email at Sean.O.Green@floridadep.gov or by telephone at (850) 245-7667.

Sincerely, Environmental Specialist III Beaches, Inlets and Ports Program Office of Resilience and Coastal Protection Florida Department of Environmental Protection cc:

Greg Garis, DEP Luke Davis, FWC Ivana KennyCarmola, DEP Michelle Pasawicz, FWC Vincent George, DEP MarineTurtle@myfwc.com

Megan Mills, DEP S District ConservationPlanningServices@myfwc.com JCP Compliance Officer Jamie Scudera, Charlotte County BIPP Permit File

Environmental Protection

Bob Martinez Center

2600 Blair Stone Road Tallahassee, FL 32399-2400

Ron DeSantis Governor

Jeanette Nuñez Lt. Governor

Noah Valenstein

Secretary

Consolidated Intent to Issue Delegation of Authority

Mitigative Artificial Reef

Mitigative Artificial Reef Reference Community Survey Results.

A Mitigation Plan.

Georeferenced Hardbottom Resource Map.

Note: The Permittee shall submit the names and qualifications of the individuals performing biological surveys and monitoring in accordance with Specific Condition 8.f.i. below.

final construction plans and specifications

Public Easement

Erosion Control Line

Turbidity Monitoring:

Qualifications

Scope of Work

Draft turbidity sampling map.

Biological Monitoring:

Qualifications

A Mitigative Artificial Reef Placement Report

Initial Mitigative Artificial Reef Physical Survey Results

Baseline Nearshore Hardbottom Survey Results

Subsequent Mitigative Artificial Reef Physical Survey Results

Pipeline Corridor Hardbottom Survey Results

Pipeline Corridor Hardbottom Survey Report.

Post-Placement Pre-Pumping Pipeline Survey Results When required (see Sections 3.3 of the approved Biological Monitoring Plan and see Specific Condition 35.c of the Permit)

Any Updates and Changes to Approved Physical Monitoring Plan, Marine Turtle Protection:

Shorebird Protection:

Beach maintenance.

Equipment Storage and Placement.

Beach Driving.

Note: when flightless chicks are present within or adjacent to travel corridors, construction-related vehicles shall not be driven through the corridor unless a Bird Monitor is present.

Note for Shorebird Protection: If compaction sampling, tilling or escarpment removal occurs during shorebird breeding season, the Shorebird Conditions (including surveys) included in this authorization shall be followed. No heavy equipment shall operate, and no compaction sampling or tilling shall occur within 300 feet of any shorebird nest.

If flightless shorebird chicks are present within the work zone or equipment travel corridor, a Bird Monitor shall be present during the operation to ensure that no heavy equipment operates within 300 feet of the flightless young. It is the responsibility of the Permittee to ensure that their contractors avoid tilling, scarp removal or dune vegetation planting in areas where nesting birds are present.

entirely outside the breeding season

Breeding Bird Protocol for Florida’s Seabirds and Shorebirds.

Florida Shorebird Database

FWC beach driving guidelines :

Florida Shorebird

FSD Breeding Bird Protocol for Shorebirds and Seabirds

Notification.

Note: If the plume flows parallel to the shoreline, the densest portion of the plume may be close to shore, in shallow water. In that case, it may be necessary to access the sampling location from the shore, in water that is too shallow for a boat. See Diagram 1

Monitoring Standards for Beach Erosion Control Projects, Sections 01000 and 01100

Monitoring Standards for Beach Erosion Control Projects, Section 01200.

Monitoring Standards for Beach Erosion Control Projects, Section 02000 – Aerial Photography Acquisition.

Monitoring Standards for Beach Erosion Control Projects, Section 02100 – Environmental Aerial Photography Acquisition

Environmental Protection

Bob Martinez Center 2600 Blair Stone Road

Tallahassee, FL 32399-2400

Ron DeSantis Governor

Jeanette Nuñez Lt. Governor

Noah Valenstein Secretary

CONSOLIDATED MAJOR MODIFICATION TO A JOINT COASTAL PERMIT AND

SOVEREIGN SUBMERGED LANDS AUTHORIZATION

PERMITTEE:

Charlotte County Board of County Commissioners Attn: Matthew Logan 18500 Murdock Circle Port Charlotte, Florida 33948 Matthew.Logan@charlottecountyfl.gov and

Sarasota County Government Attn: Lori Ann Carroll, PMP, Utility Operations Manager Capital Projects Department 1001 Sarasota Center Blvd., Sarasota, Florida 34240 lcarroll@scgov.net c/o

AGENT:

Coastal Engineering Consultants, Inc.

Attn: Michael Poff 3106 South Horseshoe Drive Naples, Florida 34104 mpoff@cecifl.com

PERMIT INFORMATION:

Permit Number: 0359636-002-JM

Project Name: Manasota Key Beach Restoration Project

Counties: Charlotte and Sarasota

Issuance Date: December 23, 2019

Expiration Date: May 2, 2034

REGULATORY AUTHORIZATION:

This major modification to Permit No. 0359636-001-JC is issued under the authority of

Chapter 161 , which includes consideration of the provisions contained in Part IV of Chapter 373, Florida Statutes (F.S.), and Title 62, Florida Administrative Code (F.A.C.). Pursuant to Operating Agreements executed between the Department of Environmental Protection (Department) and the water management districts, as referenced in Chapter 62-113, F.A.C., the

Joint Coastal Permit Manasota Key Beach Restoration Project Permit No. 0359636-002-JM

Department is responsible for reviewing and taking final agency action on this activity. This major modification supersedes Permit No. 0359636-001-JC and shall hereafter be referred to as Permit No. 0359636-002-JM. For clarity and comprehensiveness, strikethroughs and underlines will not be used.

PROJECT DESCRIPTION:

The project consists of the restoration and periodic nourishment of 4.4 miles of critically eroded gulf shoreline along Manasota Key, using beach-compatible material obtained from offshore borrow areas. Additionally, the project includes hot-spot and post storm maintenance using beach-compatible material obtained from upland sand sources. Five borrow areas (Borrow Areas A, B, 1-1, 3 and 4) and 4 upland sources (Stewart Immokalee, Vulcan Witherspoon, E.R.

Jahna Ortona and CEMEX Lake Wales) are authorized sources of fill material for the project.

The design template for the Charlotte County Segment includes a maximum berm width of 84 feet (i.e., a 50-foot wide beach berm with an additional 34 feet of advanced nourishment and an equilibrium profile adjustment) with a maximum elevation of +7 feet NAVD that transitions to +5 feet NAVD to the south end of the template to match adjacent shorelines. The design also includes an additional fill width of 15 feet along the existing rock revetments (approximately DEP Reference Monuments R-1 to R-5).

The design template for the Sarasota County Segment includes a maximum berm width of 84 feet with a maximum elevation of +7 feet NAVD from R-183.7 to R-175, then transitioning to a maximum berm width of 40 feet to R-173.4.

The project will impact approximately 4.3 gross acres (2.4 net acres) of nearshore hardbottom. As mitigation for this impact the applicant will construct 3.6 net acres of artificial reef.

The activity includes consideration of an application for a 15-year sovereign submerged lands easement (Board of Trustees File No. 080241635, Instrument No. 42132) containing 15,073,682 square feet, more or less (Borrow Areas 1-1, 3 and 4).

The activity also includes consideration of authorization to use a 15- year sovereignty submerged lands easement (Board of Trustees File No. 080238765, Instrument No. 41764) containing 9,930,405 square feet, more or less previously granted for use of Borrow Areas A and B.

PROJECT LOCATION:

The beach restoration site is located on Manasota Key between DEP Reference Monuments R-173.4 and R-183.7, in Sarasota County, Sections 27, 26 and 35, Township 40 South and Range 19 East; and R-1 and R-15 Charlotte County, Sections 1, 2, 11, 12 and 13, Township 41 South and Range 19 East along the Gulf of Mexico, Class III Waters.

The offshore borrow areas are located in the Gulf of Mexico, Class III Waters. Borrow

Area 1-1 is located approximately 4.2 miles offshore North Manasota Key (R-1), Borrow Area 3 is located approximately 3.1 miles offshore North Manasota Key (R-8) and Borrow Area 4 is located approximately 7.1 miles offshore North Manasota Key (R - 4). Borrow Area A (subareas A1, A2 and A3) is located approximately 3.8 miles offshore of Stump Pass and Borrow Area B (subareas B1 and 2) is located approximately 6.3 miles offshore of Stump Pass.

PROPRIETARY AUTHORIZATION:

This activity requires a proprietary authorization, as the activity is located on sovereign submerged lands held in trust by the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), pursuant to Article X, Section 11 of the Florida Constitution, and Sections

253.002 and 253.77, F.S. The activity is not exempt from the need to obtain a proprietary authorization. The Board of Trustees delegated, to the Department, the responsibility to review and take final action on this request for proprietary authorization in accordance with Section 18- 21.0051, F.A.C., and the Operating Agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C. This proprietary authorization has been reviewed in accordance with Chapter 253, Chapter 18-21 and Section 62-330.075, F.A.C., and the policies of the Board of Trustees.

The Department has also determined that the beach nourishment and mitigation reef construction activity qualify for a Letter of Consent to use sovereign, submerged lands, as long as the work performed is located within the boundaries as described herein and is consistent with the terms and conditions herein. Therefore, consent is hereby granted, pursuant to Chapter 253.77, F.S., to perform the activity on the specified sovereign submerged lands.

The Department has also determined that the use of borrow areas A and B qualifies for a Letter of Consent to use sovereign, submerged lands preempted by existing easement (Board of Trustees File No. 080238765, Instrument No. 41764), as long as the work performed is located within the boundaries as described therein and is consistent with the terms and conditions therein. Therefore, consent is hereby granted, pursuant to Chapter 253.77, F.S., to perform the activity on the specified sovereign submerged lands.

As staff to the Board of Trustees, the Department has also determined that the use of borrow areas 1-1, 3 and 4 requires a public easement for the use of those lands, pursuant to Chapter 253.77, F.S. The Department intends to issue the public easement, subject to the conditions outlined in the previously issued Consolidated Intent to Issue and in the Recommended Proprietary Action (entitled Delegation of Authority).

The final documents required to execute the easement will be sent to the Department’s Division of State Lands. The Department intends to issue the easement upon satisfactory execution of those documents. You may not begin construction of this activity on state-

Permit No. 0359636-002-JM owned, sovereign submerged lands until the easement has been executed to the satisfaction of the Department.

COASTAL ZONE MANAGEMENT:

This permit constitutes a finding of consistency with Florida’s Coastal Zone Management Program, as required by Section 307 of the Coastal Zone Management Act.

WATER QUALITY CERTIFICATION:

This permit constitutes certification of compliance with state water quality standards pursuant to Section 401 of the Clean Water Act, 33 U.S.C. 1341.

OTHER PERMITS:

Authorization from the Department does not relieve you from the responsibility of obtaining other permits (Federal, State, or local) that may be required for the project. When the Department received your permit application, a copy was sent to the U.S. Army Corps of Engineers (Corps) for review. The Corps will issue their authorization directly to you or contact you if additional information is needed. If you have not heard from the Corps within 30 days from the date that your application was received by the Department, contact the nearest Corps regulatory office for status and further information. Failure to obtain Corps authorization prior to construction could subject you to federal enforcement action by that agency.

AGENCY ACTION:

The above named Permittee is hereby authorized to construct the work that is outlined in the Project Description and Project Location of this permit and as shown on the approved permit drawings, plans and other documents attached hereto. This agency action is based on the information submitted to the Department as part of the permit application, and adherence with the final details of that proposal shall be a requirement of the permit. This permit and authorization to use sovereign submerged lands are subject to the General Conditions, General Consent Conditions and Specific Conditions, which are a binding part of this permit and authorization. Both the Permittee and their Contractor are responsible for reading and understanding this permit (including the permit conditions and the approved permit drawings) prior to commencing the authorized activities, and for ensuring that the work is conducted in conformance with all the terms, conditions and drawings.

GENERAL CONDITIONS:

1. All activities authorized by this permit shall be implemented as set forth in the project description, permit drawings, plans and specifications approved as a part of this permit, and all conditions and requirements of this permit. The permittee shall notify the Department in writing of any anticipated deviation from the permit prior to implementation so that the Department can determine whether a modification of the permit is required pursuant to Rule 62B-49.008, F.A.C.

Permit No. 0359636-002-JM

2. If, for any reason, the permittee does not comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Department and the appropriate District office of the Department with a written report containing the following information: a description of and cause of noncompliance; and the period of noncompliance, including dates and times; and, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance.

3. This permit does not eliminate the necessity to obtain any other applicable licenses or permits that may be required by federal, state, local or special district laws and regulations. This permit is not a waiver or approval of any other Department permit or authorization that may be required for other aspects of the total project that are not addressed in this permit.

4. Pursuant to Sections 253.77 and 373.422, F.S., prior to conducting any works or other activities on state-owned submerged lands, or other lands of the state, title to which is vested in the Board of Trustees, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees shall not be considered received until it has been fully executed.

5. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered specifically approved unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise.

6. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee. The issuance of this permit does not convey any vested rights or any exclusive privileges.

7. This permit or a copy thereof, complete with all conditions, attachments, plans and specifications, modifications, and time extensions shall be kept at the work site of the permitted activity. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit.

8. The permittee, by accepting this permit, specifically agrees to allow authorized

Department personnel with proper identification and at reasonable times, access to the premises where the permitted activity is located or conducted for the purpose of ascertaining compliance with the terms of the permit and with the rules of the Department and to have access to and copy any records that must be kept under conditions of the permit; to inspect the facility, equipment, practices, or operations regulated or required

Permit No. 0359636-002-JM under this permit; and to sample or monitor any substances or parameters at any location reasonably necessary to assure compliance with this permit or Department rules.

9. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall electronically submit to the Department, by email at JCPCompliance@dep.state.fl.us, and the appropriate District office of the Department a written notice of commencement of construction indicating the actual start date and the expected completion date and an affirmative statement that the permittee and the contractor, if one is to be used, have read the general and specific conditions of the permit and understand them.

10. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, shipwreck remains or anchors, dugout canoes or other physical remains that could be associated with Native American cultures, or early Colonial or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the immediate vicinity of such discoveries. The permittee, or other designee, shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section at (850)245- 6333 or (800)847-7278, as well as the appropriate permitting agency office. Project activities shall not resume without verbal and/or written authorization from the Division of Historical Resources. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, F.S.

11. Within 30 days after completion of construction or completion of a subsequent maintenance event authorized by this permit, the permittee shall electronically submit to the Department, by email at JCPCompliance@dep.state.fl.us, and the appropriate District office of the Department a written statement of completion and certification by a registered professional engineer. This certification shall state that all locations and elevations specified by the permit have been verified; the activities authorized by the permit have been performed in compliance with the plans and specifications approved as a part of the permit, and all conditions of the permit; or shall describe any deviations from the plans and specifications, and all conditions of the permit. When the completed activity differs substantially from the permitted plans, any substantial deviations shall be noted and explained on as-built drawings electronically submitted to the Department, by email at JCPCompliance@dep.state.fl.us.

GENERAL CONSENT CONDITIONS:

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

Permit No. 0359636-002-JM 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. 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. 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)(f), F.A.C., or any other applicable law.

SPECIFIC CONDITIONS:

1. The terms, conditions and provisions of the required easements (Instruments #42132 and

#41764) shall be met. Construction of this activity shall not commence on sovereign submerged lands, title to which is held by the Board of Trustees, until all easement documents have been executed to the satisfaction of the Department.

2. Pursuant to Chapter 161.141, F.S., prior to construction of the beach restoration, the

Board of Trustees must establish the line of mean high water for any area affected by this project that does not already have an Erosion Control Line (ECL). This is required to

Permit No. 0359636-002-JM establish the boundary line between sovereignty lands of the state bordering on the Gulf of Mexico and the upland properties. No beach nourishment work shall commence until the Erosion Control Line has been established to the satisfaction of the Department and recorded in the public records of the county in which the project is located.

3. If prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoe remains, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project area, the permitted project should cease all activities involving subsurface disturbance in the immediate vicinity of such discoveries.

The permittee, or other designee, should contact the Florida Department of State, Division of Historical Resources, Review and Compliance Section at (850) 245-6333 or

(800) 847-7278, and the JCP Compliance Officer. Project activities should not resume without verbal and/or written authorization from the Division of Historical Resources. In the event that unmarked human remains are encountered during permitted activities all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, Florida Statutes.

4. All reports or notices relating to this permit shall be electronically submitted to the

Department’s JCP Compliance Officer (e-mail address: JCPCompliance@dep.state.fl.us) unless otherwise specified in the specific conditions of this permit.

5. The Permittee shall not store or stockpile tools, equipment, materials, etc., within littoral zones or elsewhere within surface waters of the state without prior written approval from the Department. Storage, stockpiling or access of equipment on, in, over or through beds of submerged aquatic vegetation, wetlands or hardbottom is prohibited unless it occurs within a work area or ingress/egress corridor that is specifically approved by this permit and is shown on the approved permit drawings. Anchoring or spudding of vessels and barges within beds of aquatic vegetation or hardbottom is also prohibited. A protective 1,000 feet (305 meter) buffer from hardbottom resources shall be maintained during all dredging operations at the authorized borrow areas.

6. 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.

7. Prior to commencement of construction of the Mitigative Artificial Reef, the Permittee shall submit the following items for review by the Department. No construction work on the mitigative artificial reefs shall commence until the Permittee has satisfactorily submitted all pre-construction information specified in this condition.

a. Mitigative Artificial Reef Reference Community Survey Results. At least 30 days prior to construction of the mitigative artificial reef, the Permittee shall

Permit No. 0359636-002-JM submit the results (all raw data) of the quantitative characterization survey of the mitigative artificial reef reference community (see Sections 4.2 and 6.2.1 of the Biological Monitoring Plan).

b. A Mitigation Plan. At least 45 days prior to construction of the mitigative artificial reef, the Permittee shall submit a Mitigation Plan. The Mitigation Plan shall provide detailed information for the following: current condition of the proposed mitigative reef placement sites (e.g., sediment depth data, location and acreage of suitable placement area); time line for construction activities;

construction practices, including methods that will be employed to avoid impacts to natural hardbottom resources; and design specifications for the mitigative boulder reefs.

c. Georeferenced Hardbottom Resource Map. At least 30 days prior to the start of construction for the mitigative artificial reef, the Permittee shall submit a Georeferenced Hardbottom Resource Map for the area surrounding the mitigative artificial reef placement sites to their contractor(s), subcontractors(s), and to the JCP Compliance Officer (see Specific Condition 10 of the permit for more information).

Note: The Permittee shall submit the names and qualifications of the individuals performing biological surveys and monitoring in accordance with Specific Condition 8.f.i. below.

8. Pre-Construction Submittals. For each construction event under this permit, no work shall commence until the Permittee has satisfactorily submitted all information specified in this condition. At least 45 days prior commencement of construction, the Permittee shall submit the following to the Department. Unless otherwise notified by the Department or FWC within 15 days of receipt by the Department, 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 Permittee shall point out any deviations from the Project Description of this permit (as stated above) or the approved permit drawings (attached to this permit), and any significant changes would require a permit modification. 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. Documentation that the Public Easement has been executed to the satisfaction of the Department;

c. Documentation that the Erosion Control Line has been executed and recorded in the County Records;

d. Turbidity Monitoring:

i. Qualifications. In order to assure that turbidity levels do not exceed the compliance standards established in this permit, construction at the project site shall be monitored closely by an independent third party with formal training in water quality monitoring and professional experience in turbidity monitoring for coastal construction projects. 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;

ii. 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;

iii. Draft turbidity sampling map. An example of the geo-referenced map that will be provided with turbidity reports, including aerial photography and the boundaries for benthic resources (pursuant to Specific Condition 33).

e. Prior to the second fill placement event authorized under this permit, and each subsequent event, the results of the intermediate turbidity monitoring shall be evaluated and provided to the Department. If the results indicate that the project can be built using a smaller mixing zone, this adjustment shall be made through an administrative modification to the permit prior to commencement of construction;

f. Biological Monitoring:

i. Qualifications. At least 30 days prior to conducting any surveys or monitoring, the Permittee shall submit the names and qualifications of the individuals performing biological surveys and monitoring via email to the JCP Compliance Officer for review by the Department (see Section 5.1 of the Biological Monitoring Plan). Individuals that will be performing biological surveys and monitoring shall be certified SCUBA divers, shall

Permit No. 0359636-002-JM have a BS degree or higher in the study of marine biology or a comparable field, shall have scientific knowledge of local benthic marine hardbottom habitats and their flora and fauna, and shall have professional experience in conducting hardbottom monitoring surveys. If additional monitoring team(s) are subcontracted, or new staff are added to the monitoring team, proposed changes as well as names and qualifications of individuals shall be submitted by the Permittee to the JCP Compliance Officer for Department review at least 30 days prior to conducting any surveys or monitoring. The Permittee shall instruct, and is responsible for ensuring, that their selected biological monitoring firm provides training for new staff members and subcontractors on required survey and monitoring procedures and conducts QA/QC verification of their work;

ii. Prior to the initial (first) fill placement event ONLY, the Permittee shall submit:

(1) A Mitigative Artificial Reef Placement Report. The final and complete set of artificial reef placement reports (“Florida Artificial Reef Materials Placement Report and Post-Deployment Notification” submitted to the FWC Artificial Reef Program (see Specific Condition 11 of this Permit).

(2) Initial Mitigative Artificial Reef Physical Survey Results. All raw data and a monitoring report for the initial physical survey of the completed mitigative artificial reef (see Sections 4.1 and 6.4.3.1 of the Biological Monitoring Plan).

(3) Baseline Nearshore Hardbottom Survey Results. The results of the full pre-construction (baseline) survey of nearshore hardbottom (see Sections 2.0 and 6.2.2 of the Biological Monitoring Plan).

iii. Prior to each subsequent construction event, the Permittee shall submit:

(1) Subsequent Mitigative Artificial Reef Physical Survey Results. All raw data and a monitoring report for the corresponding physical survey of the mitigative artificial reef (see Sections 4.1 and 6.4.3.1 of the Biological Monitoring Plan).

(2) Pipeline Corridor Hardbottom Survey Results. All pre-construction pipeline corridor hardbottom survey data collected for the upcoming construction (nourishment) event (see Sections 3.1 and 6.2.3 of the Biological Monitoring Plan). These results shall be submitted at least 45 days prior to construction.

(3) Pipeline Corridor Hardbottom Survey Report. A detailed pre-construction pipeline corridor survey report for the upcoming construction event (see Sections 3.2 and 6.2.3 of the Biological Monitoring Plan and Specific Condition 35.c of the permit).

(4) Post-Placement Pre-Pumping Pipeline Survey Results. When required (see Sections 3.3 of the approved Biological Monitoring Plan and see Specific Condition 35.c of the Permit) Post-placement pre-pumping pipeline Survey Data shall be submitted to the JCP Compliance officer 72 hours prior to the intended or actual start of pumping. See Section 6.2.4 of the Biological Monitoring Plan for reporting requirements.

g. Any Updates and Changes to the Approved Physical Monitoring Plan, subject to review and approval by the Department. Ultimate approval of the Plan would require permit modification; and

h. A detailed Environmental Protection Plan or equivalent, subject to review by the Department and the Florida Fish and Wildlife Conservation Commission (FWC) providing pertinent project-specific details regarding natural resource protection, including but not limited to:

i. Marine Turtle Protection: Monitoring plan, including a list of the names and permit numbers for the Marine Turtle Permit Holders.

ii. Shorebird Protection: Monitoring plan, including 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.

9. Pre-Construction Conference. Prior to each construction event, 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 and the JCP Compliance Officer (or designated alternate) the Marine Turtle Monitor (Marine Turtle Permit Holder), the Bird Monitors, and staff representatives of the Florida Fish and Wildlife Conservation Commission (FWC). 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 agency representatives listed below:

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

Permit No. 0359636-002-JM

FWC Imperiled Species Management Section email: marineturtle@myfwc.com

FWC Regional Species Conservation Biologist Contact list: http://myfwc.com/conservation/you-conserve/wildlife/shorebirds/

South District Office Permitting & Compliance/Enforcement e-mail: SouthDistrict@dep.state.fl.us

FWC, Division of Marine Fisheries Artificial Reef Program, 620 S. Meridian Street Box 4B2 Tallahassee, FL 32399-1600 ArtificialReefs@MyFWC.com

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 of the agreed-upon date, time and location of the meeting, and also provide a meeting agenda and a teleconference number.

10. Mitigation. Artificial reefs, consisting of limestone boulders, shall be constructed as mitigation to offset direct, permitted impacts to nearshore hardbottom resources located within the equilibrium toe of fill. At least 3.6 net acres of mitigative artificial reef shall be constructed the summer prior to construction of the initial fill placement event.

Construction shall occur as per the approved Mitigation Plan (see Specific Condition 7.b.) of the permit).

To avoid impacts to resources, a protective 50 foot (15 meter) buffer from hardbottom resources shall be maintained during construction of the mitigative artificial reefs. The Department will require reasonable assurance that impacts to resources have successfully been avoided. To fulfill the Department’s reasonable assurance requirement, the Permittee shall require their contractor(s) and subcontractor(s) to employ active measures to avoid resources. Avoidance shall be defined as no operation of vessels/barges/scows or other machinery or use of construction materials within 50 feet (15 meter) of documented hardbottom patches/features. The Permittee shall use recent hardbottom resource mapping data (i.e., delineations of the landward edge of offshore hardbottom adjacent to the mitigative reef placement sites) to construct a Georeferenced Hardbottom Resource Map of the area surrounding the artificial reef placements sites. The Permittee shall provide the Georeferenced Hardbottom Resource Map to their contractor(s) and subcontractor(s) and the Department prior to construction activities (see Specific Condition 7.c.) of the permit). The Permittee shall require their contractor(s) and subcontractor(s) to upload the Georeferenced Hardbottom Resource Map onto the

Permit No. 0359636-002-JM computer navigation system on board each vessel/barge/scow that will operate within the area during construction of the artificial reefs. The Permittee shall require their contractor(s) and subcontractor(s) to maintain at least a 50 foot (15 meter) distance from all hardbottom patches/features adjacent to the artificial reef placement sites while operating vessels/barges/scows throughout the construction process. The Permittee is responsible for ensuring that their contractor(s) and subcontractor(s) avoid hardbottom resources as required by the Permit.

If vessel/barge/scow operation occurs within 50 feet (15 meter) of hardbottom patches/features that were to be avoided, then the JCP Compliance officer shall immediately (within 24 hours) be notified. If operation within 50 feet (15 meter) of hardbottom patches/features that were to be avoided may have resulted in potential impacts to hardbottom resources (e.g., construction materials were lost overboard or were placed in the wrong location), then this information shall also be provided to the JCP Compliance Officer and shall trigger the need for monitoring firm divers to immediately (within 48 hours) conduct an Impact Assessment Survey to determine whether impacts to hardbottom resources occurred and, if impacts are detected, to document impacts. The Impact Assessment Survey shall be conducted and reported on as specified in Sections

3.4.4 and 6.3 of the Biological Monitoring Plan, respectively.

11. Pursuant to Section 379.249, F.S., the transport and deployment of all artificial reef materials off Florida requires a cargo manifest. As a requirement of this permit, the Permittee shall fill out the attached “Florida Artificial Reef Materials Cargo Manifest and Pre-Deployment Notification” form and maintain the manifest on the vessel, listing the materials onboard, during transport and deployment of artificial reef materials. The completed form shall be submitted to the FWC Artificial Reef Program at least 7 days prior to the anticipated deployment via email ArtificialReefs@MyFWC.com, or via fax

(850) 487-4847. The form is also available online at:

https://myfwc.com/fishing/saltwater/artificial-reefs/.

Also pursuant to Section 379.249, F.S., the FWC is required to track all artificial reef deployments state-wide. As a requirement of this permit, the Permittee shall fill out the attached “Florida Artificial Reef Materials Placement Report and Post-Deployment Notification” form and submit it to the FWC within 30 days of completion for each date of deployment or separate deployment location. The completed form shall be submitted to the FWC Artificial Reef Program via email ArtificialReefs@MyFWC.com, via fax

(850) 487-4847, or mailed to the FWC Artificial Reef Program, 620 S. Meridian Street, Box 4B2, Tallahassee, FL 32399-1600. The form is also available online at:

https://myfwc.com/fishing/saltwater/artificial-reefs/.

When submitting these forms to FWC, the Permittee shall also e-mail copies to the JCP Compliance Officer. Please indicate on the e-mail that the information is being submitted

Permit No. 0359636-002-JM for the Manasota Key Beach Restoration project, Permit No. 0359636-002-JM, as required by Specific Condition 11.

12. When discharging slurried sand onto the beach from a pipeline, the Permittee shall employ best management practices (BMPs) to reduce turbidity. At a minimum, these BMPs shall include the following:

a. Use of shore-parallel sand dike to promote settlement of suspended sediment on the beach before return water from the dredged discharge reenters the Atlantic Ocean; and

b. A minimum set-back of 50 feet from open water, or at the landward end of the beach berm (without disturbing the dune), whichever is less, for the pipeline discharge location.

13. In order to ensure that the offshore borrow areas are used efficiently and the material left in single borrow area is practicable to dredge in a subsequent event, the sequence and manner of dredging detailed in the borrow area Operation, Monitoring, and Maintenance Plan (dated September 7, 2018) shall be followed.

14. Sediment quality shall be assessed as outlined in the Sediment QA/QC Plans dated

September 07, 2018. There are two plans approved for this project, one for the upland sand sources and one for the offshore sources. Placement of material that is not in compliance with the relevant Plan shall be handled according to the protocols set forth in the Sediment QA/QC Plan. The sediment testing result shall be submitted to the Department within 90 days following the completion of beach construction. The following requirements are included in the Sediment QA/QC Plan:

a. If, during construction, the Permittee determines that the beach fill material does not comply with the sediment compliance specifications, the Permittee shall take measures to avoid further placement of noncompliant fill, and the sediment inspection results shall be reported to the Department.

b. The Permittee shall submit post-construction sediment testing results and an analysis report as outlined in the Sediment QA/QC Plan to the Department within 90 days following beach construction. The sediment testing results shall be certified by a P.E. or 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.

Permit No. 0359636-002-JM

c. A post-remediation report containing the site map, sediment analysis, and volume of noncompliant fill material removed and replaced shall be submitted to the Department within 7 days following completion of remediation activities.

15. 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 manatees. All in-water operations shall be immediately shall be 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 1-888-404-3922, and to 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.

Permit No. 0359636-002-JM

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. All signs shall be removed by the Permittee upon completion of the project. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to ImperiledSpecies@myFWC.com.

16. Hopper Dredging. If a hopper dredge is used for this project, the following requirements shall be met:

a. Handling of captured marine turtles during hopper dredging activities shall be conducted only by persons with prior experience and training in these activities, and who are duly authorized to conduct such activities through a valid Marine Turtle Permit issued by the FWC, pursuant to Chapter 68E-1, F.A.C.

b. In order to minimize impingement or entrainment of marine turtles within the water column, dredging pumps shall be disengaged by the operator, or the draghead bypass valve shall be open and in use when the dragheads are not firmly on the bottom. This precaution is especially important during the cleanup phase of dredging operations.

c. A state-of-the-art rigid deflector draghead shall always be used on all hopper dredges.

d. The Sea Turtle Stranding and Salvage Network (STSSN) Coordinator shall be notified at 1-904-573- 3930 or via e-mail at Allen.Foley@myfwc.com of the start-up and completion of hopper dredging operations.