Appendix_1_-_Permits.pdf

APPENDIX 1

PERMITS

Grand Canal Maintenance Dredging

P.I.D. No. 004607A

PERMIT INDEX

AGENCY PERMIT No. PERMIT FEE / OTHER

Department of the Army SAJ-2020-3722 (SP-EWP) (see separate Appendix 1 document)

No permit charge

Florida Department of Environmental Protection

(FDEP)

0221569-020-JM (attached) No permit charge

Pinellas County Habitat Management Permit

Issued to Contractor following the Pre-construction Meeting if applicable or as directed by the County No permit charge

Dewatering Permit Issued to Contractor following the Pre-construction Meeting if applicable or as directed by the County No permit charge

National Pollutant Discharge Elimination System (NPDES) Permit

Issued to Contractor following the Pre-construction Meeting if applicable or as directed by the County $400

Information regarding Pinellas County’s permits:

https://library.municode.com/fl/pinellas_county/codes/code_of_ordinances?nodeId=PTIIILADECO_CH166ENNAREPR_ARTIIHAMAPR_DIV2PE_S166-

81GEPEAPPR

https://library.municode.com/fl/pinellas_county/codes/code_of_ordinances?nodeId=PTIIILADECO_CH166ENNAREPR_ARTIIHAMAPR_DIV2PE_S166-81GEPEAPPR https://library.municode.com/fl/pinellas_county/codes/code_of_ordinances?nodeId=PTIIILADECO_CH166ENNAREPR_ARTIIHAMAPR_DIV2PE_S166-81GEPEAPPR

FLORIDA DEPARTMENT OF

Environmental Protection

Bob Martinez Center 2600 Blair Stone Road

Tallahassee, FL 32399-2400

Ron DeSantis Governor

Jeanette Nuñez Lt. Governor

Shawn Hamilton Secretary

MAJOR MODIFICATION TO A CONSOLIDATED JOINT COASTAL PERMIT AND

INTENT TO GRANT SOVEREIGN SUBMERGED LANDS AUTHORIZATION

PERMITTEE:

Pinellas County Environmental Management Attn: Melanie Weed Division Director 22211 US Hwy 19 N, Bldg. 10 Clearwater, FL 33765 mweed@pinellascounty.org

And

U.S. Army Corps of Engineers Attn: Paul Karch 701 San Marco Blvd Jacksonville, FL 32207 Paul.j.karch@usace.army.mil

AGENT:

Coastal Protection Engineering Attn: Lauren Floyd 5301 N. Federal Hwy, Suite 335 Boca Raton, FL 33487 lfloyd@coastalprotectioneng.com

PERMIT INFORMATION:

Permit Number: 0221569-020-JM

Project Name: Treasure Island/Long Key Nourishment

County: Pinellas

Issuance Date: January 27, 2022

Expiration Date: March 29, 2025

REGULATORY AUTHORIZATION:

This major modification to Permit No. 0221569-016-JN 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.

This modification, hereafter referred to as Permit No. 0221569-020-JM, supersedes Permit No.

0221569-016-JN. Changes to Permit No. 0221569-016-JN are shown as strikethroughs (deletions) or underlines (additions).

Joint Coastal Permit Treasure Island/Long Key Nourishment Permit No. 0221569-020-JM

PROJECT DESCRIPTION:

The project is to place dredged material along four beach fill segments on Treasure

Island and Long Key at the following locations: between FDEP reference monuments R-126 and 400 feet south of R-128; between R-136 and R-142; between R-144 and 400 feet south of R-146; and between 200 feet north of R-160 and R-166. 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, and the Egmont Shoal East Borrow Area.

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 Mexico.

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 Pass-a-Grille Channel, the Grand Canal Dredge Channel, the Grand Canal

Sediment Deposition Basin, the Blind Pass Entrance Channel, and the four beach fill segments are located in the Gulf of Mexico 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 Mexico 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

Permit No. 0221569-020-JM 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 has also determined that the creation and maintenance dredging of the deposition basin 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 (No. 42643) have been 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-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.

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, 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

Permit No. 0221569-020-JM 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.

Permit No. 0221569-020-JM

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

Permit No. 0221569-020-JM 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.

Permit No. 0221569-020-JM

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 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

Permit No. 0221569-020-JM 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 suspension or revocation of the grantee’s use of the sovereignty submerged land unless cured to the satisfaction of the Board.

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

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

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

5. Construction, use or operation of the structure or activity shall not adversely affect any species that is endangered, threatened or of special concern, as listed in Rules 68A- 27.003, 68A-27.004 and 68A-27.005, F.A.C.

6. Structures or activities shall not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity shall be modified in accordance with the court’s decision.

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

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

Permit No. 0221569-020-JM

98. 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.

109. 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)(gf), F.A.C., or any other applicable law.

SPECIFIC CONDITIONS:

1. The terms, conditions, and provisions of Variance No. 0221569-009-BV for the Blind Pass Entrance Channel remain valid and shall continue to be met.

12. Pursuant to Chapter 161.141, prior to construction of the beach nourishment, groins, or jetty, 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 establish the boundary line between sovereignty lands of the state bordering on the Gulf of Mexico and the upland properties. No work shall commence until the Erosion Control Line has been executed to the satisfaction of the Department. Note that that an ECL is not required when bypassing maintenance dredged material from either channel.

23. Unless otherwise specified in the specific conditions of this permit all submittals required herein (e.g., progress reports, water-quality reports etc.) shall be electronically submitted (via e-mail, file transfer site or hard drive). Email submittals shall be sent to the Department’s JCP Compliance Officer (e-mail address:

JCPCompliance@dep.state.fl.us). If a file transfer site is used, a link shall be e-mailed to the JCP Compliance Officer. If data are too large to be submitted via e-mail or file transfer site, the Permittee may submit the data via an external hard drive, provided by the Permittee. The external hard drive shall be mailed to:

Department of Environmental Protection Office of Resilience and Coastal Protection Attn: JCP Compliance Officer 2600 Blair Stone Road, Mail Station 3544 Tallahassee, FL 32399-2400

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.

Permit No. 0221569-020-JM

3 4. 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. Storingage, stockpiling or accessing of equipment on, in, over or through areas with benthic biological resources (including beds of submerged aquatic vegetation [SAV], wetlands, oyster reefs 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 areas with benthic biological resources is also prohibited.

45. 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.

56. Pre-Construction Submittals. At least thirty (30) days prior to the date of the pre-construction conference (as required in Specific Condition 7, below), the Permittee shall submit For each construction event under this permit, no work shall commence until the Permittee has satisfactorily submitted all information noted in this condition.

At least 30 days (unless earlier submittal of a deliverable is specified below) prior to the date of the pre-construction conference), the Permittee shall submit the following items for review by the Department. Unless otherwise notified by the Department within 15 days of receipt of all information specified below, the Permittee shall assume the submittals are satisfactory:

a. An electronic copy of detailed The final plans and specifications for all authorized activities. the upcoming event, which The plans and specifications must be consistent with the activity description, conditions of this permit and the approved permit drawings of this permit. The Permittee shall point out any deviations from the activity description or the approved permit drawings, and any significant changes that would require a permit modification. 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 sites that will be used, the anticipated volume of material to be moved (if applicable) and the anticipated schedule. Further, the Permittee shall specify any anticipated sites that will be used (such as a disposal or re-use location) and appropriate contact information for those facilities. The drawings and surveys shall 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. The final plans and specifications submitted under this condition must comply with all conditions set forth in this permit.

b. Turbidity mMonitoring: i. Qualifications. In order to assure that turbidity levels do not exceed the compliance standards established in this permit, construction at

Permit No. 0221569-020-JM 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.

i. Qualifications: The names, credentials (demonstrating experience and qualifications) and 24-hour contact information of those individuals performing these functions, along with 24-hour contact information, shall be submitted for review.;

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; including the variable mixing zone sizes.

iii. An evaluation of the intermediate turbidity monitoring from the previous nourishment event (if it was conducted under Permit No.

0221569-016-JN) to determine the appropriate size of the mixing zone the upcoming nourishment event. A report that summarizes the evaluation of the intermediate turbidity monitoring (as required in Specific Condition 31.d.) shall be submitted. If the Department determines that an adjustment to the mixing zone size is required, pursuant to Rule 62-4.244(5)(d), F.A.C., then an administrative modification to adjust the dimensions of the mixing zone 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 33i).

c. Biological Monitoring: For each dredging event of the Blind Pass Entrance Channel, the Grand Canal Dredge Channel or Grand Canal Deposition Basin, a report shall be submitted that summarizes the findings of the pre-construction SAV survey.

i. Qualifications. The names and qualifications of the individuals performing biological monitoring shall be submitted to the Department for review and approval prior to conducting the pre-construction survey required for each dredging event of the Blind Pass Entrance Channel or Grand Canal (pursuant to Specific Condition 30). These individuals shall

Permit No. 0221569-020-JM be certified SCUBA divers, shall have scientific knowledge of SAV, shall have professional experience in conducting SAV monitoring surveys, and shall have a BS degree or higher in the study of marine biology or similar degree. The Department will provide written comments regarding any perceived deficits in qualifications or experience. If additional monitoring team(s) are subcontracted, or new staff are added to the monitoring team, proposed changes and qualifications shall be submitted to the JCP Compliance Officer for review at least 30 days prior to a monitoring event. The Permittee’s selected biological monitoring firm is fully responsible for training of new staff members and subcontractors on the required monitoring procedures, as well as the QA/QC verification of their work.

ii. Pre-construction SAV survey results. An assessment of SAV located within 150 meters of the area(s) to be dredged shall be completed during the summer (June – September) immediately prior to each construction event in accordance with Specific Condition 30. Surveys conducted by the local sponsor, their contractors, or third parties, may be submitted by the Permittee to meet this requirement. The Permittee shall provide the Department with the results of the pre-construction SAV survey results (pursuant to Specific Condition 30, including a summary of existing information based on the desktop assessment, a geo-referenced map of SAV boundaries, a narrative description of the current conditions, and all raw data that were compiled or produced in association with these deliverables. The Permittee shall also provide documentation (e.g., email correspondence) verifying that their contractor has received the SAV map and that the contractor has been instructed by the Permittee to use this information to avoid impacts to SAV in the project area.

d. A dredge plan and composite geotechnical statistics shall be provided for the portion of the Egmont Shoal East Borrow Area to be dredged in each event. This dredge plan shall 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 volume of material required for the current event, the volume of the portion of the borrow area to be dredged in the current event, and the volumes dredged from, and remaining in, the borrow area shall be included. The composite geotechnical statistics should be representative of only the portion of the borrow area to be dredged in the current event.

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

Permit No. 0221569-020-JM contains conditions that are not already contained herein, a permit modification may be required prior to construction 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 13 through 29. This documentation shall include the following:

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

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

iii. Manatee Protection: A list of dedicated observers with their contact information, qualifications including detailed descriptions of past observational experience including related documentation. For additional information, see the FWC’s website at:

https://myfwc.com/wildlifehabitats/wildlife/manatee/watch-program/.

67. Pre-Construction Conference. Prior to each construction event, After all items required by specific condition 5 above have been submitted to the Department, 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, those responsible for protected species monitoring, staff representatives of the FWC and the JCP Compliance Officer (or designated alternate), prior to each construction event. 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 Department, and other agency representatives listed below:

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

Permit No. 0221569-020-JM

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

Randy Runnels, Pinellas County Aquatic Preserve e-mail: Randy.Runnels@dep.state.fl.us

FWC Imperiled Species Management Section e-mail: marineturtle@myfwc.com

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

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.

If the actual construction start date is different from the expected start date proposed during the pre-construction 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.

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-constructionconference.

78. The Permittee and the Department, within their respective authorities and funding, shall ensure that beach compatible dredged material is placed on Florida’s beaches, consistent with Florida’s beach management plan adopted pursuant to Chapter 161, F.S. and other beneficial uses criteria as may be specified by the Department and applicable federal standards.

89. 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:

Permit No. 0221569-020-JM

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.

910. Pursuant to 62B-41.008(1)(k)4.b., F.A.C., sediment QA/QC plans are required to ensure that sediment from the borrow sites meet the standard of the Sand Rule [62B- 41.007(2)(j), F.A.C.].

Sediment quality shall be assessed as outlined in the Sediment QA/QC Plan (approved January 27, 2022). Placement of material that is not in compliance with the 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 or Engineer 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’s JCP Compliance Officer.

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’s JCP Compliance Officer 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.

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’s JCP Compliance Officer within 7 days following completion of remediation activities.

The Permittee may propose revisions to the approved Sediment QA/QC Plan, which is an attachment to the permit, by submitting an application for a minor permit modification to the Department. If approved, the Department would modify the permit accordingly. This

Permit No. 0221569-020-JM may require revised or additional monitoring requirements as a condition of approval of the permit modification.

101. A screen with openings no larger than 3” shall be kept on-site for the duration of the project. Should any rock be pumped on the beach at any time during the project, the rock screen shall be immediately placed on the pipe to prevent any further rock from being placed on the beach. Any rock placed on the beach shall be handled under the guidelines set forth in the sediment QA/QC Plan.

112. All strategies adopted in the applicable inlet management plan (IMP) shall be met, as required in those documents. Beach nourishment of the project shoreline using the inlet channels as a sand source shall contribute to meeting the annual inlet sediment bypassing objective.

123. All Terms and Conditions in the applicable U.S. Fish and Wildlife Service Biological

Opinions, including the FWS Programmatic Piping Plover Biological Opinion shall be met, as required in those documents.

Fish & Wildlife Protection

The Specific Conditions 14 – 29 shall be replaced with Specific Conditions 13 - 29 below.

13. 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.

Permit No. 0221569-020-JM

d. The Permittee is responsible for all on-site project personnel and shall require them to observe water-related activities for the presence of marine turtles and manatee(s). All in-water operations shall be immediately 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 888-404-3922, and to the FWC at ImperiledSpecies@MyFWC.com. Any collision with (and/or injury to) a marine turtle shall also be reported immediately to the Sea Turtle Stranding and Salvage Network (STSSN) at SeaTurtleStranding@MyFWC.com.

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

14. For all dredging operations in the Pass-a-Grille Channel, the Grand Canal Dredge

Channel and the Grand Canal Deposition Basin, the following additional conditions shall apply:

a. The Permittee shall ensure that one dedicated observershall watch for protected marine species (manatees, marine turtles, dolphins, etc.) during all in-water work associated with dredging operations to ensure compliance with the stop work zone required in this authorization. All dedicated observers shall have prior on-the-job observation experience (including previous sightings of manatees) during previous dredging work where the activities were similar in nature to this project. The Permittee shall ensure that all dedicated observers are given a copy of the permit for the project, including all special conditions, prior to the commencement of construction. FWC guidelines regarding dedicated observers can be found at the following website:

https://myfwc.com/wildlifehabitats/wildlife/manatee/watch-program/.

Permit No. 0221569-020-JM

b. No nighttime clamshell dredging is allowed.

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

a. In order to minimize impingement or entrainment of marine turtles within the water column, when initiating dredging, suction through the dragheads shall be allowed just long enough to prime the pumps, then the drag heads shall be placed firmly on the bottom. When lifting the drag heads from the bottom, suction through the drag heads shall be allowed just long enough to clear the lines, and then shall cease while maneuvering or during travel to/from the placement area.

When possible, dredging pumps shall be disengaged by the operator when the drag heads are not firmly on the bottom.

16. Trawling. If relocation trawling for marine turtles is required as per applicable NMFS

Biological Opinions and Incidental Take authorizations, the following is required:

a. Any activity involving the use of nets to harass and/or to capture and handle marine turtles in Florida waters requires a Marine Turtle Permit from the FWC prior to trawling.

b. The Permittee or their contractor shall e-mail (MTP@MyFWC.com) reports to the FWC’s Imperiled Species Management Section on Friday of each week that trawling is conducted in Florida waters. These weekly reports shall include the species and number of turtles captured, their general health, and release information. A summary of all trawling activity (including non-capture trawling) shall be submitted to MTP@MyFWC.com by January 15 of the following year, or at the end of the project. The summary shall be recorded/documented on the FWC-provided Excel spreadsheet (available at https://myfwc.com/media/3168/trawl-report-template.pdf), and shall list all turtles captured in Florida waters, the measurements of all captured turtles, the location of captures (latitude and longitude in decimal degrees), the location of tow start-stop points (latitude and longitude in decimal degrees), and times for the start-stop points of the tows (including tows when no turtles are captured).

17. Construction Area Project Lighting.

During the marine turtle nesting season (May 1 through October 31), direct lighting of the beach and nearshore waters shall be limited to the immediate area of active construction.

Lighting on offshore and onshore equipment shall be minimized by reducing the number of fixtures, shielding, lowering the height and appropriately placing fixtures to

Permit No. 0221569-020-JM avoid excessive illumination of the water’s surface and nesting beach. The intensity of lighting shall be reduced to the minimum standard required for general construction area safety. Shields shall be affixed to the light housing on dredge and on land-based lights and shall be large enough to block lamp light from being transmitted outside the construction area or to the adjacent marine turtle nesting beach. (Figure 1 below).

18. Wildlife Conditions for All Beach Related Activities. The Permittee shall adhere to the following requirements for all beach-related activities during marine turtle and shorebird nesting/breeding seasons February 15 through September 1.

a. Beach Maintenance.

i. The Permittee shall require their contractor and protected species monitors to inspect all work areas that have excavations and temporary alterations of beach topography each day, to determine which areas have deviations (such as depressions, ruts, holes and vehicle tracks) capable of trapping flightless shorebird chicks or marine turtle hatchlings. If so, the deviations shall be filled or leveled from the natural beach profile prior to 9:00 p.m. each day.

The beach surface…