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Palm Beach Island Beach Management Agreement, Dune Restoration Individual Project Approval

Palm Beach Island Beach Management Agreement

Dune Restoration Individual Project Approval

FDEP Permit #

328802-016-BMA

BMA Participant Name: Town of Palm Beach Address: Post Office Box 2029 Palm

Beach, Florida 33480-2029 Telephone: 561-838-5440 Fax: 561-835-4691 Email: rweber@townofpalmbeach.com

The Department finds that the dune restoration activity described below meets the requirements of the Palm Beach Island Beach Management Agreement. Approval is specifically limited to the activity in the stated location and by the project description, approved plans (if any), attached standard conditions, and the conditions stated below.

Project Description

Project Location use one:

• R-Monument Locations

• Latitude/Longitude

• Section – Township - Range

Palm Beach County Mid-Town Temporary Dune R-97+79N and R-99+406S

Dune Dimensions Highest Point

Attached Largest Width

Attached

Total Length

Attached

Total Volume ~8,000 cy

Application Items Provided?

Evidence of Ownership or Permission to Work on the Property from the Owner

Y

Survey, Plat or Boundary Map Y Photos of the Project Area Y Reasonable Assurance that Proposed Fill meets BMA Sand Specification Above 600 cy ___X____ Below 600 cy ________

Y

If above 600 cy proposed in project, submittal of sample and QA/QC Plan Y

DEPARTMENT ACTION AND FILING AND ACKNOWLEDGMENT: This Dune Restoration IPA is approved on behalf of the Department of Environmental Protection by the undersigned staff designee, and filed on this date, pursuant to section 120.52. F.S.

Gregory W. Garis May 25, 2023 Staff Signature Printed Name Date

Approved Plans Attached? X Yes No

Dune Restoration Conditions:

1. All dune restoration work shall occur outside the marine turtle nesting season, March 1 through October 31, unless the U.S. Fish and Wildlife Service has authorized incidental take for dune restoration to proceed during marine turtle nesting season. A pre-construction conference shall be held at the site between the contractor, the owner or authorized agent, and a staff representative of the Department prior to the initiation of any work. Contact your staff representative at (850) 488-7708 for an appointment. Work shall not commence until the Department determines that the project may proceed in conformance with the Beach Management Agreement, Section 161.053, Florida Statutes and Chapter 62B-33, Florida Administrative Code.

2. All fill material shall be beach quality sand (see Table 3; main BMA agreement and attached Sediment QAQC plan) free of construction debris, rocks, clay, or other foreign matter, and shall be obtained from a source landward of the Coastal Construction Control Line as authorized under the Beach Management Agreement. No excavation, beach scraping or similar ground alteration is authorized.

3. The permittee shall not disturb existing beach and dune topography and vegetation except as expressly authorized in the Beach Management Agreement and this permit. A maximum of 100 square feet of vegetation can be disturbed under this permit. Before the project is considered complete, any disturbed topography or vegetation shall be restored with suitable fill material or revegetated with appropriate beach and dune vegetation. All topographic restoration and revegetation work is subject to the approval and acceptance by the Department staff.

4. This permit does not authorize the creation of new construction access points. The construction site must be accessed through an established beach access point or through the upland property taking special care to avoid damaging vegetated areas seaward of the control line. Construction shall not obstruct or interfere with existing public beach access.

5. Department staff including JCPCompliance@dep.state.fl.us shall be notified of project commencement and again upon completion of construction of the temporary dune.

6. If dune restoration planting is proposed, such plants shall consist of a minimum of three species of salt tolerant beach dune vegetation native to the plant communities of the area. Planting dune grasses should adhere to the Department of Environmental Protection Coastal Construction Control Line Planting Guidelines.

If Dune Planting is proposed, the following conditions apply:

1. All vegetation planting shall be designed and conducted to minimize impacts to sea turtles. Dune vegetation planting may occur during the sea turtle nesting season under the following conditions.

2. Daily early morning sea turtle nesting surveys (before 9 a.m.) shall be conducted during the period from March1 through November 30. Nesting surveys shall only be conducted by personnel with prior experience and training in nesting surveys. Surveyors shall have a valid FWC permit. Nesting surveys shall be conducted daily between sunrise and 9 a.m. (all times). No dune planting activity shall occur until after the daily turtle survey and nest conservation and protection efforts have been completed. Hatching and emerging success monitoring will involve checking nests beyond the completion date of the daily early morning nesting surveys;

3. Any nests deposited in the dune planting area shall be left in place. The turtle permit holder shall install an on-beach marker at the nest site and a secondary marker at a point as far landward as possible to assure that future location of the nest will be possible should the on-beach marker be lost. A series of stakes and highly visible survey ribbon or string shall be installed to establish a 3-foot radius around the nest. No planting or other activity shall occur within this area nor will any activities be allowed that could result in impacts to the nest. Nest sites shall be inspected daily to assure nest markers remain in place and the nest has not been disturbed by the planting activity;

4. If a nest is disturbed or uncovered during planting activity, the contractor, Applicant, or the Applicant’s contractors shall cease all work and immediately contact the project turtle permit holder. If a nest(s) cannot be safely avoided during planting, all activity within 10 feet of a nest shall be delayed until hatching and emerging success monitoring of the nest is completed;

5. All dune planting activities shall be conducted by hand and only during daylight hours;

6. All dune vegetation shall consist of coastal dune species native to Palm Beach Island. Vegetation shall be planted with an appropriate amount of fertilizer and antidesiccant material for the plant size;

7. No use of heavy equipment shall occur on the dunes or seaward for planting purposes. A lightweight (all-terrain type) vehicle, with tire pressures of 10 psi or less may be used for this purpose; and

8. Irrigation equipment, if needed, shall be authorized under a separate FDEP permit.

9. In the event a sea turtle nest is excavated during construction activities, the project turtle permit holder responsible for egg relocation for the project shall be notified immediately so the eggs can be moved to a suitable relocation site.

10. Upon locating a dead or injured sea turtle adult, hatchling, egg, or beach mouse that may have been harmed or destroyed as a direct or indirect result of the project, the permittee shall be responsible for notifying FWC Wildlife Alert at 1-888-404-FWCC (3922).

11. Care shall be taken in handling injured sea turtles, eggs or beach mice to ensure effective treatment or disposition, and in handling dead specimens to preserve biological materials in the best possible state for later analysis.

Dune Restoration Marine Turtle Protection Conditions:

1. No construction, operation, transportation or storage of equipment or materials is authorized seaward of the dune crest or rigid coastal structure during marine turtle nesting season March 1 through October 31 of each year.

2. Irrigation systems are to be constructed outside of marine turtle nesting season, and designed and maintained to not discharge water onto the unplanted sandy beach. In the event a marine turtle nest is deposited within an irrigated area, the permittee must modify the irrigation system so that watering landward of or within 10 feet of the nest does not occur. Daily inspection of the irrigation system must be conducted by the permittee to ensure compliance with this condition. Irrigation installed within marine turtle nesting habitat seaward of a seawall, or frontal dune, whichever is landward, must be entrenched 1 to 3 inches below grade so as not to pose a barrier to sea turtle hatchlings and to allow for easy removal. Irrigation systems and other structures placed within marine turtle nesting habitat must be removed prior to permit expiration or the after approval of planting success by the Department, whichever is first.

Special Conditions:

1. After completion of the project, removal of the temporary dune will require an additional Individual Project Approval.

2. The temporary dune shall be sited to facilitate sea turtle nesting on the seaward berm. To do this, the landward toe of the temporary dune shall be sited no farther seaward than sixty feet from the existing seawall, and with at least sixty feet or more of sandy berm maintained between the seaward toe of the dune and the seasonal high water line upon completion of construction of the temporary dune, or at the beginning of marine turtle nesting season (March 1). Post construction of the temporary dune, if conditions erode to a point where there is less than sixty feet of sandy berm between the seaward toe of the dune and the seasonal high water line the Town of Palm Beach shall coordinate with the Department.

3. Lighting: All on-beach lighting shall comply with requirements in Appendix D. In particular, lighting at the inlet staging area shall be shielded and positioned so light is not directly visible south along the beach.

4. As required by Condition 16, Appendix D, in the 2021 BMA, the following lighting conditions shall be met:

Lighting surveys shall be conducted on all Town beaches prior to March 1 (or May 1 if construction continues through April) of the first nesting season following nourishment and action taken to resolve lights visible from the beach and to ensure all beachfront structures comply with the Town of Palm Beach Lighting Ordinance.

a. A report summarizing all lights visible from the pre-season Town-wide surveys, done using standard survey techniques, shall be submitted to FWC by March 15. The report shall document all compliance and enforcement actions taken to resolve observed lights.

b. Additional lighting surveys shall be conducted monthly through August and results reported by the 15th of each month.

c. The Permittee shall submit a summary report of the surveys, including any actions taken, by December 31 of the year in which surveys are conducted.

d. After the annual report is completed, the Permittee shall arrange a meeting with the county or municipality, FWC, Corps, and the Service to discuss the survey report, as well as any documented sea turtle disorientations in or adjacent to the project area.

This IPA does not absolve the BMA participant from obtaining any applicable licenses or permits which may be required by federal. state, county, or municipal law prior to commencement of the authorized work.

Attachments:

- Mid-Town Seawall Temporary Dune Permit Drawings Revised 01May2023

- Sediment QA/QC Plan for Upland Sand Sources, dated July 2013, Palm Beach Island Beach Management

Agreement

NOTICE OF RIGHTS

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

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

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

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

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

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

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

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

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

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

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

Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.

Mediation Mediation is not available in this proceeding.

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

When there has been no publication of notice of agency action or notice of proposed agency action as prescribed in Rule 62- 110.106, F.A.C., a person may request a copy of the agency action. The Department shall upon receipt of such a request, if agency action has occurred, promptly provide the person with notice. The Department does not require notice of this agency action to be published. However, the applicant may elect to publish notice as prescribed in Rule 62-110.106, F.A.C., which constitutes notice to the public and establishes a time period for submittal of any petition.