Appendix_1_-_Permits.pdf

APPENDIX 1 - PERMITS

Project Name:

2025 Pinellas County Dune Planting Services

P.I.D. No. 001516A, 002574A and 002573A

PERMIT INDEX

AGENCY PERMIT No. PERMIT FEE / OTHER

Florida Department of Environmental Protection

0221569-023-JC

Treasure Island/Long Key Nourishment

N/A

Florida Department of Environmental Protection

Permit Modification No. 0238664-013-JN Permit No. 0238664-001-JC

Sand Key Beach Nourishment

N/A

Permits attached.

www.floridadep.gov

FLORIDA DEPARTMENT OF

Environmental Protection

Bob Martinez Center

2600 Blair Stone Road Tallahassee, FL 32399-2400

Ron DeSantis Governor

Alexis A. Lambert

Secretary

June 16, 2025

PERMITTEES:

Pinellas County Attn: Kelli Levy 22211 US Hwy 19 N, Bldg. 1 Clearwater, FL 33765 KLevy@pinellascounty.org

And

U.S. Army Corps of Engineers Attn: Gretchen Ehlinger, Ph. D.

701 San Marco Blvd Jacksonville, FL 32207 Gretchen.S.Ehlinger@usace.army.mil

AGENT:

Coastal Protection Engineering Attn: Lauren Floyd, MS, CEP 5301 N. Federal Hwy, Suite 335 LFloyd@coastalprotectioneng.com

Permit Modification No. 0238664-013-JN Permit No. 0238664-001-JC, Pinellas County

Dear Ms. Levy, Dr. Ehlinger and Ms. Floyd:

Your request to modify Permit No. 0238664-001-JC was received on March 12, 2025, and has been reviewed by Florida Department of Environmental Protection (Department) staff. The proposed permit modification is to extend the permit duration for an additional 2 years, to allow for completion of a second maintenance event. This request is to also authorize the inclusion of a dune feature.

Background mailto:KLevy@pinellascounty.org mailto:Gretchen.S.Ehlinger@usace.army.mil mailto:LFloyd@coastalprotectioneng.com

Joint Coastal Permit

Permit No. 0238664-013-JN

On July 6, 2011, the Department issued Permit No. 0238664-001-JC to U.S. Army Corps of Engineers (Corps) to nourish 8.7 miles (14.0 km) of beach on Sand Key. That included two beach fill segments from R-56 to R-66 and from 85 feet north of R-71A to R-107. A one-mile gap between the segments (from R-66 to R-71A) was not filled. The project was authorized to occur multiple times, on an as-needed basis, with the first event requiring approximately 1,017,000 cubic yards of beach-compatible sand.

On July 6, 2011, the Department issued Variance No. 0238664-002-EV to the Corps, in association with Permit No. 0238664-001-JC. The variance authorized an expanded turbidity mixing zone that extends up to 150 meters offshore (or 300 meters offshore if there is no nearshore hardbottom) and up to 1,500 meters downcurrent from the point of discharge at the beach placement site.

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

ISSUE JOINT COASTAL PERMIT, VARIANCE AND AUTHORIZATION TO USE

SOVEREIGN SUBMERGED LANDS for Permit No. 0238664-001-JC and Variance No.

0238664-002-BV at the following website:

https://depedms.dep.state.fl.us:443/Oculus/servlet/shell?command=getEntity&[guid=20.

79015.1]&[profile=Permitting_Authorization

On May 1, 2008, and July 22, 2009, the Department issued De Minimis Exemptions Nos.

0238664-003-EE and 0238664-004-BE to Pinellas County for the collection of offshore geotechnical vibracores.

On April 18, 2012, the Department issued Modification No. 0238664-005-JN to include a dune feature in the Sand Key Beach Nourishment template between 4 feet south of R-60 and 182 feet south of R-61A. The dune required an additional 2,000 cubic yards of beach compatible sediment from the previously authorized borrow site.

On October 26, 2012, the Department issued Modification No. 0238664-006-JN to the Corps to revise the Sand Key Beach Nourishment Permit. The modification extended the southern end of the fill template from R-107 to R-108, along the dry beach only.

On November 27, 2012, the Department issued Modification No. 0238664-007-JN to the Corps to add Egmont Shoal East Borrow Area as a sand source to the Sand Key Beach Nourishment project.

On December 16, 2016, the Department issued Modification No. 0238664-008-JN to the Corps to extend the permit duration of Permit No. 0238664-001-JC until 2026 and to add the Pinellas County Board of County Commissioners as a Co-Permittee. That modification also authorized deeper dredge depths for the Egmont Shoal East borrow area, and updated the project description, project location, General Consent Conditions, General Conditions for https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=20.79015.1%5d&%5bprofile=Permitting_Authorization https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=20.79015.1%5d&%5bprofile=Permitting_Authorization non- Corps Permittees, the fish and wildlife conditions, the water quality conditions, and the physical monitoring condition.

On July 13, 2017, the Department issued Modification No. 0238664-009-JN to the Corps to elevate the design berm height and to extend the southern end of the fill template from R-108 to R-109. This modification also included a revised comprehensive physical monitoring plan.

On April 25, 2018, the Department issued Modification No. 0238664-010-JN to the Corps to authorize the addition of a pipeline corridor at Egmont Shoal East for use during construction of the Sand Key Nourishment Project.

On November 16, 2018, the Department issued Permit Modification No. 0238664-011-JN, to revise Specific Conditions to allow construction activities to occur in areas containing hardbottom resources. The modification also incorporated a Biological Monitoring Plan with survey and monitoring requirements for hardbottom resources within pipeline corridors and T-pad/barge pad areas.

On May 31, 2024, the Department issued Permit Modification No. 0238663-012-JN, to revise and update the Sediment QA/QC Plan.

Staff Assessment and Justification

In response to recent storm impacts, the County has requested a modification to incorporate a dune feature. The dune design is based on the model implemented and originally constructed under an Emergency Final Order (EFO) during the 2023 emergency dune repair project, completed ahead of the 2024 hurricane season.

Coastal Engineering Pursuant to Section 161.161, Florida Statutes, the Department develops and maintains a comprehensive long-term management plan for the restoration of the state's critically eroded beaches. However, the beach and dunes experienced severe erosion originally from Hurricanes Matthew/Irma, followed by Hurricanes Ian and Nicole in 2022, and most recently from Hurricanes Helene and Milton in 2024. The proposed project is consistent with Rule 62B- 41.005(4), F.A.C., which requires flexible coastal protection structures, such as dune restoration and planting, to be used whenever practicable to achieve coastal protection objectives.

The proposed beach-dune construction template for the sand placement is consistent with the recommended slope and seaward location of the toe of fill as described in the Statewide Programmatic Biological Opinion (USFWS, 2015). The proposed dune template includes a maximum dune width of 30 feet and height of +10 feet NAVD, with a tie into the proposed berm seaward at a slope of 5:1. The historical profile surveys of the beach and dune along this segment of shoreline indicate the proposed dune construction template approximates the dune crest elevation and seaward location of the historical conditions. The historical profile surveys indicate the proposed sand fill material at the seaward toe of fill may be redistributed by normal tides and wave action. The normal waves and tides may erode the fill material almost immediately after placement and transport it onto the lower portion of the beach or into the water. The typical seasonal fluctuations of the beach profile may return the volume of sand to the beach berm resulting in no net loss of sand.

The Department and Florida Fish and Wildlife Commission (FWC) have reviewed the request and determined that the proposed activity is not expected to result in adverse impacts to the coastal system.

Updating Project Description The Department has revised the project description to accurately reflect the proposed modification. These updates will provide a clear and precise understanding of the changes made, enhancing overall clarity and alignment with the project’s current scope and objectives.

Updating Specific Conditions The Department has 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.

Time Extension Extending the permit duration until July 6, 2028, pursuant to Chapter 62B-49.011, F.A.C. On November 19, 2015, the Joint Coastal Permit rules were revised, and those revisions included the following:

62B-49.011(1)(a), F.A.C. Unless a shorter duration is requested by an applicant, a joint coastal permit issued for activities authorized by Section 161.041(9), F.S., and Part IV of Chapter 373, F.S., will allow for two maintenance or dredging disposal events or a permit life of 15 years, whichever is greater, subject to the requirements of this chapter.

The Department shall grant an extension of the permit expiration date to the extent necessary for completion of the second maintenance or dredging disposal event upon request by the applicant. The extension would be documented through an administrative modification.

The Department has determined that the request for a time extension is consistent with Rule 62B-49.011(1)(a), F.A.C., because the project was constructed once and the time extension request was timely received. Therefore, the Department will extend the duration of Permit No.

0238664-001-JC, from July 6, 2026, to July 6, 2028, in conformance with Rule 62B-49.011(1)(a) F.A.C.

Agency Actions Pursuant to provisions of Rule 62B-49.011(1)(a), F.A.C., the expiration date of the permit is changed as follows:

Original Expiration Date: July 6, 2026

New Expiration Date: July 6, 2028

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

The project is to nourish 8.7 miles (14.0 km) of beach on Sand Key. This includes two beach fill segments: from R-56 to R-66 and from 85 feet north of R-71A to R-109.1. Between R-107 and R-109.1, fill will only be placed landward of the mean high water line. A one-mile gap between the segments (from R-66 to R-71A) will not be filled.

The project is authorized to occur multiple times, on an as-needed basis, with the first event requiring approximately 1,017,000 cubic yards of beach-compatible sand. The sand will be dredged from the Egmont Shoal East Borrow Area. The project has a design berm elevation of +4.8 feet (1.5 m) NAVD88, with a 0.5-foot construction tolerance to a maximum elevation of +5.3 feet NAVD88 (1.6 m). Berm widths and volumes vary. The project also includes a dune feature with a design elevation of +10 feet NAVD88, a maximum dune width of 30 feet and backslope and seaward slopes of 5H:1V that will tie into the constructed berm.

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

5. Pre-Construction Conference. The Permittee shall conduct a pre-construction conference to review the specific conditions and monitoring requirements of this permit with the Permittee's contractors, the engineer of record, those responsible for turbidity monitoring the Marine Turtle Monitor (Marine Turtle Permit Holder), the Bird Monitors, staff representatives of the Florida Fish and Wildlife Conservation Commission (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:

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

DEP Southwest District Office e-mail: SW_ERP@dep.state.fl.us

FWC Imperiled Species Management Section email: marine.turtle@myfwc.com mailto:JCP%20Compliance@dep.state.fl.us mailto:SW_ERP@dep.state.fl.us mailto:marine.turtle@myfwc.com

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

The Permittee is also advised to schedule the pre-construction conference at least one 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.

Also, within a week prior to the pre-construction conference, the Permittee/Contractor shall submit an Environmental Protection Plan (EPP) for review and comment to the FWC. The EPP shall include site-specific details of protected species monitoring and other conservation measures to be discussed by the Permittee during the pre-construction conference.

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.

6. Pre-Construction Submittals.

a. At least 14 days prior to the date of the preconstruction conference, the Permittee shall submit the Final Plans and Specifications for the upcoming event, which must be consistent with the activity description of this permit and the approved permit drawings. The Permittee shall point out any deviations from the activity description or the approved permit drawings, and any significant changes would require a permit modification. Submittal shall include one (1) electronic copy of the final plans and specifications. The plans and specifications shall be accompanied by a letter indicating the project name, the permit number, the type of construction activity, the specific type of equipment to be used, the anticipated volume of material to be moved (if applicable) and the anticipated schedule. The final plans and specifications submitted under this condition must comply with all conditions set forth in this permit.

b. Turbidity Monitoring http://myfwc.com/conservation/you-conserve/wildlife/shorebirds/ http://myfwc.com/conservation/you-conserve/wildlife/shorebirds/ http://myfwc.com/conservation/you-conserve/wildlife/shorebirds/ http://myfwc.com/conservation/you-conserve/wildlife/shorebirds/ http://myfwc.com/conservation/you-conserve/wildlife/shorebirds/contacts http://myfwc.com/conservation/you-conserve/wildlife/shorebirds/contacts http://myfwc.com/conservation/you-conserve/wildlife/shorebirds/contacts mailto:MarineTurtle@MyFWC.com

i. At least 14 days prior to the date of the preconstruction conference, the

Permittee shall submit Qualifications of turbidity monitors. 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 credentials (demonstrating experience and qualifications) of those individuals performing these functions along with 24-hour contact information shall be submitted for review.

ii. At least 14 days prior to the date of the preconstruction conference, the

Permittee shall submit 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; including the variable mixing zone sizes.

iii. Intermediate Turbidity Monitoring Evaluation: Should the mixing zone need to be expanded, the results of the intermediate turbidity monitoring shall be evaluated and a summary report provided by the Permittee to the Department (as required in Specific Condition 2830e) at least 30 days prior to the date of the preconstruction conference for each subsequent event. If the Department determines that an adjustment to the mixing zone size or antidegradation threshold is required, pursuant to Rule 62-4.244(5)(d), F.A.C., then an administrative modification would be required prior to the up-coming nourishment event.

iv. Draft turbidity sampling map. An example of the geo-referenced map that will be provided with turbidity reports, including aerial photography and the boundaries of biological resources and/or OFW (pursuant to Specific Condition 31)

c. At least 14 days prior to the date of the preconstruction conference, the Permittee shall submit a dredge plan and composite geotechnical statistics for the portion of the Egmont Shoal East Borrow Area to be dredged in each event. This dredge plan should include the outline of the entire borrow area and subareas, notation of the permitted maximum dredge depths, the location of the vibracores, the latest bathymetric data available, a clear outline of the area to be dredged for that specific event, and notations of all areas previously dredged. The composite geotechnical statistics should be representative of only the portion of the borrow area to be dredged in the current event.

d. Biological Surveys and Monitoring

i. Biological Monitoring Qualifications. At least 30 days prior to conducting any surveys or monitoring, Permittee shall submit the names and qualifications of the individuals performing biological surveys and monitoring via email to the JCP Compliance Officer for review and approval by the Department. Written Department approval of personnel will be required prior to proceeding with surveys or monitoring.

Individuals that will be performing biological surveys and monitoring shall be certified SCUBA divers, shall 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 the Department review and approval 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. Pre-Construction Pipeline Corridor and Pad Area Hardbottom

Survey Results.

1) Pre-Construction Survey Data. At least 45 days prior to any and all construction activities, the Permittee shall submit all pre-construction pipeline corridor and pad area (T-pad/barge pad) hardbottom survey data collected for the current construction (nourishment) event to the FDEP JCP Compliance Officer in electronic format (e.g., on a single portable hard drive or via an FTP site). See Section 6.2.1 of the Biological Monitoring Plan for reporting requirements.

2) Pre-Construction Survey Report. At least 30 days prior to any and all construction activities, the Permittee shall submit a detailed pre-construction pipeline corridor and pad area survey report for the current construction event to the JCP Compliance Officer in electronic format. See Section 6.2.2 of the Biological Monitoring Plan for reporting requirements.

iii. Post-Placement Pre-Pumping Pipeline Survey Results. When required

(see Section 3.0 of the Biological Monitoring Plan), post-placement, pre-pumping pipeline Survey Data for a pipeline corridor shall be submitted to the JCP Compliance officer 72 hours prior to the intended or actual start of pumping. See Section 6.3 of the Biological Monitoring Plan for reporting requirements.

iv. Georeferenced Hardbottom Resource Map. When required (see

Specific Condition 9.b.ii), a georeferenced Hardbottom Resource Map for a pad area shall be submitted by the Permittee to their contractor(s), subcontractors(s), and to the JCP Compliance officer at least 72 hours prior to the start of any and all construction activities within a pad (T-pad/barge pad) area.

e. 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, the Notice to Proceed may be withheld if it is determined that the permit requires a modification to include those additional conditions.

f. 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 12 through 28. This documentation shall include the following:

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

b. 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.

31. Turbidity Reports: All turbidity monitoring data shall be submitted within one week of analysis. The data shall be presented in tabular format, indicating the measured turbidity levels at the compliance sites for each depth, the corresponding background levels at each depth and the number of NTUs over background at each depth. Any exceedances of the turbidity standard (9.2 NTUs or 29 NTUs above background) shall be highlighted in the table. In addition to the raw and processed data, the reports shall also contain the following information:

a. time of day samples were taken;

b. dates of sampling and analysis;

c. GPS coordinates of sample and source. When possible, coordinates should be provided in decimal degrees with a 5 decimal level of precision (i.e., 0.00001). Please also indicate the datum;

d. depth of water body;

e. depth of each sample;

f. antecedent weather conditions, including wind direction and velocity;

g. tidal stage and direction of flow;

h. water temperature;

i. a geo-referenced map, overlaid on an aerial photograph, indicating the sampling locations (background and compliance), dredging and discharge locations, location of active construction, the visible plume pattern and direction of flow. The map shall also include the boundaries of any benthic resources or OFW. A sample map shall be submitted to the Department for review and approval prior to construction (Specific Condition 6);

j. a statement describing the methods used in collection, handling, storage and analysis of the samples;

k. a statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection, calibration of the meter, accuracy of the data and precision of the GPS measurements;

l. When samples cannot be collected, include an explanation in the report. If unable to collect samples due to severe weather conditions, include a copy of a current report from a reliable, independent source, such as an online weather service.

Monitoring reports shall be submitted by email to the JCP Compliance Officer. In the subject line of the reports, include the Project Name, Permit Number and the dates of the monitoring interval. Failure to submit reports in a timely manner constitutes grounds for revocation of the permit. When submitting this information to the Department, on the submittal cover page and at the top of each page of the report, please state: "This information is provided in partial fulfillment of the monitoring requirements in Permit No. 0238664-001-JC, for the Sand Key Nourishment Project."

The set of approved QA/QC Plan shall be revised as follows:

The “Sand Key, Treasure Island, and Long Key Sediment Quality Assurance/Quality Control Plan” (dated May 15, 2025) shall replace “Sediment QA/QC Plan TILK-Sand Key” (dated May 2024)

The set of approved Physical Monitoring Plan shall be revised as follows:

The “Physical Monitoring Plan” (7 pages, dated May 15, 2025) shall replace the “Comprehensive Physical Monitoring Plan” (5 pages, approved June 21, 2017)

The set of approved Permit Drawings shall be revised as follows:

The “Sand Key Renourishment Project Cross Sections” (sheets 32 to 58, dated April 4, 2025) shall replace “Revised Permit Drawings” (sheets 13 to 30, dated December 2016) and shall include “Example Dune Cross Section” (1 sheet, dated February 28, 2025)

After thorough review of your application, staff finds that the proposed modification is not expected to adversely affect water quality or change the determination that the project is clearly in 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 degradation the permit is hereby modified as stated above. By copy of this letter and the attached drawings and the attached plan, we are notifying all necessary parties of the modification.

This letter of approval extends the expiration date of the permit from July 6, 2026 to July 6, 2028. The only Specific Conditions of the permit that are altered by this modification are those stated above. This letter and the attached drawings and the attached 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.

mailto:Agency_Clerk@dep.state.fl.us

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 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 Madison Williams by email at Madison.K.Williams@FloridaDEP.gov or by telephone at (850) 245-8348.

EXECUTION AND CLERKING:

Executed in Tallahassee, Florida.

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

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 mailto:Agency_Clerk@dep.state.fl.us mailto:Madison.K.Williams@FloridaDEP.gov

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

Attachments: Sand Key, Treasure Island, and Long Key Sediment Quality Assurance/Quality

Control Plan (dated May 15, 2025) Physical Monitoring Plan - Pinellas County – Sand Key Beach Nourishment (7 pages, dated May 15, 2025) Example Dune Cross Section (1 sheet, dated February 28, 2025)

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 Zach Boudreau, RCP Brendan Biggs, RCP Shamim Murshid, RCP Ahsan Habib, RCP Sarah Bodin, RCP Eric Seckinger, FWC

Serigne Ndiaye, FWC BIPP@dep.state.fl.us JCPCompliance@dep.state.fl.us CE.Review@dep.state.fl.us ImperiledSpecies@myfwc.com ConservationPlanningServices@myfwc.com MarineTurtle@myfwc.com BMES@dep.state.fl.us

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.

06/16/2025 Clerk Date mailto:BIPP@dep.state.fl.us mailto:JCPCompliance@dep.state.fl.us mailto:CE.Review@dep.state.fl.us mailto:ImperiledSpecies@myfwc.com mailto:ConservationPlanningServices@myfwc.com mailto:MarineTurtle@myfwc.com mailto:BMES@dep.state.fl.us

FLORIDA DEPARTMENT OF

Environmental Protection

Bob Martinez Center

2600 Blair Stone Road

Ron DeSantis Governor

Alexis A. Lambert Secretary

CONSOLIDATED JOINT COASTAL PERMIT AND

SOVEREIGN SUBMERGED LANDS AUTHORIZATION

PERMITTEES:

Pinellas County Attn: Kelli Levy 22211 US Hwy 19 N, Bldg. 1 Clearwater, FL 33765 KLevy@pinellascounty.org

And

U.S. Army Corps of Engineers Attn: Gretchen Ehlinger, Ph. D.

701 San Marco Blvd Jacksonville, FL 32207 Gretchen.S.Ehlinger@usace.army.mil

AGENT:

Coastal Protection Engineering Attn: Lauren Floyd, MS, CEP 5301 N. Federal Hwy, Suite 335 LFloyd@coastalprotectioneng.com

PERMIT INFORMATION:

Permit Number: 0221569-023-JC

Project Name: Treasure Island/Long Key Nourishment

County: Pinellas

Issuance Date: June 3, 2025

Expiration Date: June 3, 2040

REGULATORY AUTHORIZATION:

This permit 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 Department is responsible for reviewing and taking final agency action on this activity.

mailto:KLevy@pinellascounty.org mailto:Gretchen.S.Ehlinger@usace.army.mil mailto:LFloyd@coastalprotectioneng.com

Treasure Island/Long Key Nourishment Permit No. 0221569-023-JC

PROJECT DESCRIPTION:

The project is to place dredged material along Long Key (Upham Beach: R-144 to R-147 and Pass-A-Grille Beach: R-160-200 to R-166) Treasure Island (Sunshine Beach: between reference monument R-126 to R-128A and Sunset Beach: R-136 to R-143).

Approved sand sources include the Pass-a-Grille Channel, the Grand Canal Dredge Channel, the Grand Canal Sediment Deposition Basin, the Blind Pass Entrance Channel, the Egmont Shoal East Borrow Area and John’s Pass Ebb shoal and Channel.

PROJECT LOCATION:

The nourishment activity is located along the Upham Beach and Pass-a-Grille Beach shorelines on Long Key in St. Petersburg, and the north and central segments of Treasure Island (Sunshine Beach and Sunset Beach), Pinellas County, Sections 1, 15, 25, 26, and 36, Townships 32 South and 31 South, Range 15 East, Gulf of America.

The Pass-a-Grille Channel is located in Pinellas County, Section 19, Township 32 South, Range 16 East. The Blind Pass Entrance Channel is located in Pinellas County, Section 36, Township 31 South, Range 15 East. The Grand Canal Dredge Channel and Grand Canal Sediment Deposition Basin are located in Pinellas County Section 20, Township 32 South, Range 16 East. The Egmont Shoal East borrow area is located in Hillsborough County, north of Egmont Key. The John’s Pass ebb shoal and channel location is seaward of the Gulf Boulevard Bridge, between R-125 and R-126, in Pinellas County, Section 15, Township 31 South, Range 15 East.

The Pass-a-Grille Channel, the Grand Canal Dredge Channel, the Grand Canal Sediment Deposition Basin, the Blind Pass Entrance Channel, John’s Pass ebb shoal and channel, and the four beach fill segments are located in the Gulf of America in waters designated as Class III Waters, Pinellas County Aquatic Preserve, Outstanding Florida Waters (OFW), while the Egmont Shoal East borrow area is located in the Gulf of America in waters designated as Class III Waters, not OFW.

PROPRIETARY AUTHORIZATION:

This activity also 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 and Chapter 258, F.S., Chapter 18-20, Chapter 18-21 and Section 62-330.075, F.A.C., and the policies of the Board of Trustees.

As staff to the Board of Trustees, the Department has reviewed the project described above, and has determined that the placement of sand on the beach, and the use of sand dredged from Pass- a-Grille Channel, Grand Canal Dredge Channel and Blind Pass Entrance Channel 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 to Pinellas County, the project’s local sponsor, pursuant to Chapter 253.77, F.S., to perform the activity on the specified sovereign submerged lands.

The Department has also determined that the Egmont Shoal East borrow area is not on Sovereign Submerged State Lands and, therefore, does not require proprietary authorization.

The Department’s Division of State Lands issued public easement (No. 42643). With this approval, construction on state-owned, sovereign submerged lands may proceed in accordance with the granted easement.

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.

AGENCY ACTION:

The above named Permittees are 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, Specific Conditions, and attached Plans 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 (for Army Corps of Engineers):

1. This permit, including its general and specific conditions, must be construed in light of the February 28, 2006 Interagency Coordination Agreement for Civil Works Projects (ICA) between the Department and the Corps. As recognized in the ICA, the Department has the authority to include reasonable conditions in this permit. All of the conditions in this permit, both general and specific, are enforceable to the extent sovereign immunity has been waived under 33 U.S.C. §§ 1323 and 1344(t). The ICA is incorporated herein by reference.

2. All activities approved shall be implemented as set forth in the drawings incorporated by reference and in compliance with the conditions and requirements of this document. The Corps shall notify the Department in writing of any anticipated changes in:

a) operational plans;

b) project dimensions, size or location;

c) ability to adhere to permit conditions;

d) project description included in the permit;

e) monitoring plans.

If the Department determines that a modification to the permit is required then the Corps shall apply for and obtain the modification. Department approval of the modification shall be obtained prior to implementing the change, unless the change is determined by the Department to reduce the scope of work from that authorized under the original permit, and will not affect compliance with permit conditions or monitoring requirements.

3. If, for any reason, the Corps does not comply with any condition or limitation specified herein, the Corps shall immediately provide the Department with a written report containing the following information:

a) a description of and cause of noncompliance;

b) the period of noncompliance, including dates and times;

c) impacts resulting or likely to result from the non-compliance;

d) steps being taken to correct the non-compliance; and

e) the steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance.

Compliance with the provisions of this condition shall not preclude the Department from taking any enforcement action allowed under state law with respect to any non-compliance.

4. The Corps shall obtain any applicable licenses, permits, or other authorizations which may be required by federal, state, local or special district laws and regulations. Nothing herein constitutes a waiver or approval of other Department permits or authorizations that may be required for other aspects of the total project.

5. Nothing herein conveys to the Corps or creates in the Corps any property right, any interest in real property, any title to land or water, constitutes State recognition or acknowledgment of title, or constitutes authority for the use of Florida’s sovereign submerged lands seaward of the mean high-water line or an established erosion control line, unless herein provided, and the necessary title, lease, easement, or other form of consent authorizing the proposed use has been obtained from the State.

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

7. Nothing herein authorizes any entrance upon or activities on property which is not owned or controlled by the Corps or local sponsor, or conveys any vested rights or any exclusive privileges.

8. This document or a copy thereof, complete with all conditions, attachments, modifications, and time extensions shall be kept at the work site of the authorized activity. The Corps shall require the contractor to review this document prior to commencement of the authorized activity.

9. The Corps specifically agrees to allow Department personnel with proper identification, at reasonable times and in compliance with Corps specified safety standards access to the premises where the authorized activity is located or conducted for the purpose of ascertaining compliance with the terms of this document and with the rules of the Department and to have access to and copy any records that must be kept; to inspect the facility, equipment, practices, or operations regulated or required; and to sample or monitor any substances or parameters at any location reasonably necessary to assure compliance. Reasonable time may depend on the nature of the concern being investigated.

10. At least forty-eight (48) hours prior to the commencement of authorized activity, the

Corps shall submit to the Department a written notice of commencement of activities indicating the anticipated start date and the anticipated completion date.

11. If historic or archaeological artifacts such as, but not limited to, Indian canoes, arrow heads, pottery or physical remains, are discovered at any time on the project site, the Corps shall immediately stop all activities in the immediate area which disturb the soil and notify the Department and the State Historic Preservation Officer. In the event that unmarked human remains are encountered during permitted activities, all work shall stop in the immediate area and the proper authorities notified in accordance with Section 872.05, Florida Statutes.

12. Within a reasonable time after completion of construction activities authorized by this permit, the Corps shall submit to the Department a written statement of completion. This statement shall notify the Department that the work has been completed as authorized and shall include a description of the actual work completed. The Department shall be provided, if requested, a copy of any as-built drawings required of the contractor or survey performed by the Corps.

GENERAL CONDITIONS (for Pinellas County):

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.

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…