Attach__No__1B_-_SAJ-PAFB_BRShore_Permit.pdf

DEPARTMENT OF THE ARMY PERMIT

Permittee: US AIR FORCE, 45TH SPACE WING

ATTN: PATRICK GINIEWSKI

1224 JUPITER ST.

PATRICK AIR FORCE BASE, FLORIDA 32925

Permit No: SAJ-2017-02432(SP-AWP)

Issuing Office: U.S. Army Engineer District, Jacksonville

NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.

You are authorized to perform work in accordance with the terms and conditions specified below.

Project Description: The discharge of clean fill material into waters of the United States for the restoration and stabilization of four distinct geographic locations within Patrick Air Force Base (PAFB). USAF 45th Engineer Squadron project numbers SXHT 17-1109, 1110, 1112, and 1113 - Repair Shoreline Erosion. The total area of unavoidable permanent work in wetlands and surface waters is 1.6 acres. This total includes the installation of 0.54 acre of rock rip-rap, 0.57 acre of sand in wetlands and surface waters, and 0.5 acre of marsh sills placed below the MHWL. See Table 1 below for quantification breakdown.

Work by location is described below:

1. North Housing (28.2638°N, 80.6077°W) – Repair and supplement existing rock rip-rap which is primarily located above the Mean High Water Line (MHWL) and the installation of twenty marsh sills within the Banana River. The mash sills will be installed below the MHWL. The typical marsh sill used throughout the project is 30-feet long by 9-feet wide with 20-foot gaps. Red mangroves do exist within the work area but would be avoided during construction. Two known seagrass bed occurs within the work area. The installation of a marsh sill would occur within 3 feet of the bed limits.

Installation of the marsh sills within 10 feet of the grass bed would be completed by hand. Supplemental planting of native vegetation including mangroves would occur after construction.

2. Central base “Fuel Farm to Runway 11” (28.2482°N, 80.6150°W) – Repair and supplement existing rock rip-rap which is primarily located above the MHWL and the installation of seventeen marsh sills below the MHWL. Red mangroves do exist within

PERMIT NUMBER: SAJ-2017-02432(SP-AWP)

PERMITTEE: U.S. Air Force, 45th Space Wing the work area but would be avoided during construction. One known seagrass bed occurs within the work area. The installation of a marsh sills would occur within 3 feet of the bed limits. Installation of the marsh sills within 10 feet of the grass bed would be completed by hand. Supplemental planting of native vegetation including mangroves would occur after construction.

3. FamCamp (28.2359°N, 80.6160°W) – Supplement existing open sand areas with sand of similar source and the installation of twenty-six marsh sills below the MHWL.

No rip-rap is proposed at this location. Red mangroves do exist within the work area but would be avoided during construction. Supplemental planting of native vegetation would occur after construction.

4. Airfield (28.2204°N, 80.6171°W) – Install 280 feet of new rock rip-rap, supplemental sand placement along the shoreline, fill 0.58 acre of shoreline which was eroded over time and increased by recent hurricanes, and the installation of fifty-six marsh sills. Rip-rap would be installed above the MHWL. A large number of mangrove seedlings have recently colonized this shoreline; however, no red mangroves with prop roots in open water would be removed during construction. One known seagrass bed occurs within the work area. The installation of a marsh sill would occur within 3 feet of the bed limits.

Installation of the marsh sills within 10 feet of the grass bed would be completed by hand. Supplemental planting of native vegetation would occur after construction.

In 2009 the Corps issued a DA permit number SAJ-2009-01776 to impact herbaceous wetlands for the installation of gabion baskets filled with concrete cobbles a minimum of one foot landward of mean high water along 2,290 linear feet of the Banana River shoreline. The gabion baskets were two feet deep, three feet wide and installed such that the tops of the baskets were placed approximately one foot below the ground surface. The gabion baskets were partially destroyed by hurricane Irma. Only larger rocks are located within the wire cages of the baskets. The proposed action would include the installation of clean sand over the gabion baskets to restore the shoreline to its pre hurricane location.

Additionally; riprap for the shoreline stabilization will be installed using a backhoe or long-arm excavator from the shoreline. The marsh sills will be installed by a long-arm excavator from the shoreline. The area between the shoreline riprap and marsh sills will be graded by an excavator as defined in the construction plans. No work is proposed from a barge mounted operation.

Table 1 - Summary of Work Quantities

Work Location

Construction Sheet Page #

Stone Above

SUL (ac)

Stone Below

SUL (ac)

Fill Above

SUL (ac)

Fill in Wetlands and below

SUL (ac)

Area of Marsh Sill

(ac) # of Sills

North Housing

101 0.193 0.029 0 0 0.012 3

102 0.224 0.027 0 0 0.021 5 103 0.228 0.003 0.011 0 0.021 5 104 0.374 0.034 0 0 0.017 4 105 0.258 0.014 0 0 0.012 3 106 0.258 0.147 0 0 0 0

Sub Total 1.535 0.254 0.011 0 0.083 20 Central base

"Fuel Farm to runway 11"

107 0.101 0.05 0 0 0.012 3

108 0.271 0.079 0 0 0.017 4 109 0.145 0.059 0 0 0.008 2 110 0.252 0.053 0 0 0.033 8 111 0.097 0.023 0 0 0 0

Sub Total 0.866 0.264 0 0 0.07 17 Famcamp 112 0 0 0.013 0 0.012 3

113 0 0 0.311 0 0.071 17 114 0 0 0.16 0 0.025 6

Sub Total 0 0 0.484 0 0.108 26 Airfield 115 0.022 0.003 0.11 0 0.035 8

116 0 0 0.446 0 0.065 16 117 0 0 0.442 0 0.078 19 118 0 0 0.333 0.576 0.053 13 119 0 0 0 0 0 0 200 0.027 0.015 0 0 0 0

Sub Total 0.049 0.018 1.331 0.576 0.231 56 Grand Total 2.45 0.536 1.826 0.576 0.492 119

The work described above is to be completed in accordance with the 7 attachments affixed at the end of this permit instrument.

Project Location: The project would affect waters of the United States associated with the Banana River. The project occurs within the boundary of PAFB beginning at the north housing boundary and extending to the south boundary near Pineda Causeway.

Two sections of shoreline have been removed from the project as they are permitted by separate Department of the Army permits. The project site is located along 7,762 feet of the Banana River shoreline, in Section 35, Township 25 South, Range 37 East, Brevard County, Florida.

Directions to site: The work occurs on PAFB, access is restricted.

Permit Conditions

General Conditions:

1. The time limit for completing the work authorized ends on February 8, 2023. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.

2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

4. If you sell the property associated with this permit, you must obtain the signature and the mailing address of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization.

5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions.

6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.

Special Conditions:

1. Reporting Address: The Permittee shall submit all reports, notifications, documentation and correspondence required by the general and special conditions of this permit to the following address:

a. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Special Projects and Enforcement Branch, P.O. Box 4970, Jacksonville, Florida 32232-0019.

b. For electronic mail SAJ-RD-Enforcement@usace.army.mil (not to exceed 10 MB).

The Permittee shall reference this permit number, SAJ-2017-02432(SP-AWP), on all submittals.

2. Commencement Notification: Within 10 days from the date of initiating the authorized work, the Permittee shall provide to the Corps a written notification of the date of commencement of work authorized by this permit.

3. Cultural Resources/Historic Properties: No structure or work shall adversely affect impact or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP.

a. No structure or work shall adversely affect impact or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP.

b. If during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work and ground-disturbing activities within a 100-meter diameter of the discovery and notify the Corps within the same business day (8 hours). The Corps shall then notify the Florida State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic

Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions.

c. Additional cultural resources assessments may be required of the permit area in the case of unanticipated discoveries as referenced in accordance with the above Special Condition; and if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO for finds under his or her jurisdiction, and from the Corps.

d. In the unlikely event that unmarked human remains are identified on non-federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work and ground disturbing activities within a 100-meter diameter of the unmarked human remains shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archeologist within the same business day (8-hours). The Corps shall then notify the appropriate SHPO and THPO(s). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the State Archeologist and from the Corps.

4. Project Design Criteria (PDCs) for In-Water Activities: The Permittee shall comply with National Marine Fisheries Service’s “PDCs for In-Water Activities” dated November 20, 2017 (Attachment 2).

5. Daylight Hours: All activities must be completed during daylight hours.

6. Shoreline stabilization materials must be placed by hand around red mangrove prop roots.

7. Native Plants: Only native plant species can be planted.

8. Living shorelines can only be constructed in unvegetated, nearshore water along shorelines to create tidal marshes or mangrove habitat for the purpose of shoreline erosion control or aquatic habitat enhancement. Native plants can be placed along the shoreline or between the shoreline and the living shoreline structure.

9. Living shoreline structures and permanent wave attenuation structures can only be constructed out of the following materials: oyster breakwaters, clean limestone boulders or stone, small mangrove islands, biologs, coir, rock sills, and pre-fabricated structures made of concrete and rebar that are designed in a manner so that they do not trap sea turtles, smalltooth sawfish, or sturgeon. Reef balls or similar structures that are not open on the bottom, open-bottom structures with a top opening of at least 4 ft, and reef discs stacked on a pile are pre-fabricated structures are designed in a manner so that they do not trap sea turtles.

10. Both living shoreline and oyster reefs must have 5 ft gaps at least every 75 ft in length, as measured parallel to the shoreline and at the sea floor, to allow for tidal flushing and species movement.

11. Sea Turtle and Smalltooth Sawfish Conditions: The Permittee shall comply with National Marine Fisheries Service's “Sea Turtle and Smalltooth Sawfish Construction Conditions” dated March 23, 2006, (Attachment 3).

12. Manatee Conditions: The Permittee shall comply with the “Standard Manatee Conditions for In-Water Work – 2011” (Attachment 4).

13. Manatee Protection: The Permittee shall implement manatee monitors during in-water work within the Important Manatee Area geographic limits identified on Attachment 5.

14. Assurance of Navigation and Maintenance: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

15. Erosion Control: Prior to the initiation of any work authorized by this permit, the Permittee shall install erosion control measures along the perimeter of all work areas to prevent the displacement of fill material outside the work area. Immediately after completion of the final grading of the land surface, all slopes, land surfaces, and filled areas shall be stabilized using sod, degradable mats, barriers, or a combination of similar stabilizing materials to prevent erosion. The erosion control measures shall remain in place and be maintained until all authorized work has been completed and the site has been stabilized.

16. Subsequent to completion of construction the Permittee shall monitor the structural integrity of marsh sills and living shoreline annually for no less than five (5) years.

Monitoring shall occur in the month of July. The permittee shall submit annual monitoring reports to the Corps within 60 days of completion of the monitoring event.

17. Reporting Format: The Permittee shall submit all monitoring documentation to the Corps on 8½-inch by 11-inch paper, and include the following:

a. Project Overview:

(1) Department of the Army Permit Number

(2) Name and contact information of Permittee and consultant

(3) Name of party responsible for conducting the monitoring and the date(s) the inspection was conducted

(4) A brief paragraph describing the purpose of the approved project, acreage and type of aquatic resources impacted.

(5) Written description of the location, any identifiable landmarks of the project including information to locate the site perimeter(s), and coordinates of the mitigation site (expressed as latitude, longitude, UTMs, state plane coordinate system, etc.).

(6) Dates construction of the marsh sills were commenced and/or was complete at each segment.

(7) Short statement on whether the marsh sills are performing as expected in each authorized segment.

(8) Dates of any recent corrective or maintenance activities conducted since the previous report submission

(9) Specific recommendations for any additional corrective or remedial actions.

b. Conclusion Data: Conclusion data should be provided to substantiate the success and/or potential challenges associated with the marsh sill and living shoreline project. Photo documentation may be provided to support the findings and recommendations referenced in the monitoring report and to assist the PM in assessing whether the marsh sill and living shoreline project is meeting the structural integrity as designed and permitted. Submitted photos should be formatted to print on a standard 8½-inch x 11-inch piece of paper, dated, and clearly labeled with the direction from which the photo was taken. The photo location points should also be identified on the appropriate maps.

18. Permittee will conduct remediation if the marsh sills fails to remain intact, as designed, for five (5) years after completion of construction. Remediation is negated if the marsh sill is subjected to a named storm event during the five (5) year monitoring period and will be addressed by contingency’s implemented by the 45th Space Wing.

Within 60 days of identification of structural instability by Permittee or notification by the Corps that the marsh sill is unsuccessful, the Permittee shall submit to the Corps an alternate proposal to remove the marsh sill or re-construct it in a satisfactory structural manor. The Corps reserves the right to fully evaluate, amend, and approve or reject the alternate design proposal. Within 120 days of Corps approval, the Permittee will complete the alternate design proposal.

19. Permittee may request to be released from monitoring requirement after three (3) years if the marsh sills has remained structurally sufficient at each of the four authorized work locations for three consecutive years.

20. As-Builts: Within 60 days of completion of the authorized work or at the expiration of the construction authorization of this permit, whichever occurs first, the Permittee shall submit as-built drawings of the authorized work and a completed As-Built Certification Form (Attachment 6) to the Corps. The drawings shall be signed and sealed by a registered professional engineer and include the following:

a. A plan view drawing of the location of the authorized work footprint (as shown on the permit drawings) with an overlay of the work as constructed in the same scale as the attached permit drawings (8½-inch by 11-inch). The drawing should show all "earth disturbance," including wetland impacts, water management structures, and any on-site mitigation areas.

b. List any deviations between the work authorized by this permit and the work as constructed. In the event that the completed work deviates, in any manner, from the authorized work, describe on the As-Built Certification Form the deviations between the work authorized by this permit and the work as constructed. Clearly indicate on the as-built drawings any deviations that have been listed. Please note that the depiction and/or description of any deviations on the drawings and/or As-Built Certification Form does not constitute approval of any deviations by the U.S. Army Corps of Engineers.

c. The Department of the Army Permit number.

d. Include pre- and post-construction aerial photographs of the project site, if available.

21. Fill Material: The Permittee shall use only clean fill material for this project. The fill material shall be free from items such as trash, debris, automotive parts, asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance, in toxic amounts in accordance with Section 307 of the Clean Water Act.

22. Regulatory Agency Changes: Should any other regulatory agency require changes to the work authorized or obligated by this permit, the Permittee is advised that a modification to this permit instrument is required prior to initiation of those changes. It is the Permittee’s responsibility to request a modification of this permit from the Cocoa Regulatory Office.

Further Information:

1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:

(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).

(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).

( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).

2. Limits of this authorization.

a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law.

b. This permit does not grant any property rights or exclusive privileges.

c. This permit does not authorize any injury to the property or rights of others.

d. This permit does not authorize interference with any existing or proposed Federal projects.

3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:

a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.

b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest.

c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit.

d. Design or construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this permit.

4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided.

5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:

a. You fail to comply with the terms and conditions of this permit.

b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above).

c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.

Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.

6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.

Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.

(PERMITTEE) (DATE)

(PERMITTEE NAME-PRINTED)

This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.

(DISTRICT ENGINEER) (DATE)

Jason A. Kirk, P.E.

Colonel, U. S. Army District Commander

When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.

(TRANSFEREE-SIGNATURE) (DATE)

(NAME-PRINTED)

(ADDRESS)

(CITY, STATE, AND ZIP CODE)

Attachments to Department of the Army Permit Number SAJ-2017-00396(SP-AWP)

1. PERMIT DRAWINGS: 42 pages, dated February 2018

2. WATER QUALITY CERTIFICATION: Specific Conditions of the water quality permit/certification in accordance with General Condition number 5 on page 2 of this DA permit. 10 pages

3. PROJECT DESIGN CRITERIA (PDCS) FOR IN-WATER ACTIVITIES: 3 pages

4. SEA TURTLE AND SMALLTOOTH SAWFISH CONDITIONS: 1 page

5. MANATEE CONSTRUCTION CONDITIONS: 2 pages

6. MANATEE KEY BREVARD SOUTH - MAP: 1 page

7. AS-BUILT CERTIFICATION FORM: 2 pages

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

Post Office Box 1429

Palatka, Florida 32178-1429

PERMIT NO: 151027-1 DATE ISSUED: January 31, 2018 PROJECT NAME: PAFB Banana River Shoreline Stabilization

AN ENVIRONMENTAL RESOURCE PERMIT (ERP) AUTHORIZING:

Authorization for shoreline stabilization and wetland restoration for PAFB Banana River Shoreline Stabilization, a 17.51 - acre project to be constructed and operated as per plans received by the District on January 19, 2018.

AUTHORIZATION TO USE SOVEREIGN SUBMERGED LANDS (SSL):

Authorization to use Sovereign Submerged Lands in the form of a Letter of Consent as per 18- 20.004(1)(e)10 and 18-21.005(1)(c)18, F.A.C. for the construction of shoreline stabilization and restoration of shoreline wetlands for PAFB Banana River Shoreline Stabilization in accordance with the plans received by the District on January 19, 2018.

LOCATION:

Section(s): 22, 3, 15, 10 Township(s): 26S Range(s): 37E Brevard County

ISSUED TO:

U.S. Air Force, 45th Space Wing

45 CES/CEI

1224 Jupiter St Patrick AFB, FL 32925-3343

Permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages, claims, or liabilities which may arise from permit issuance. Said application, including all plans and specifications attached thereto, is by reference made a part hereof.

This permit does not convey to permittee any property rights nor any rights or privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee.

This permit may be revoked, modified or transferred at any time pursuant to the appropriate provisions of Chapter 373, Florida Statutes:

ENVIRONMENTAL RESOURCE PERMIT AND SOVEREIGN SUBMERGED LANDS

AUTHORIZATION IS CONDITIONED UPON:

See conditions on attached "Exhibit A", dated January 31, 2018

AUTHORIZED BY: St. Johns River Water Management District

By:

Marc vonCanal Regulatory Coordinator k3rdnawp Text Box

SAJ-2017-02432

February 7, 2018 Attachment 2

"EXHIBIT A"

CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 151027-1

PAFB Banana River Shoreline Stabilization DATED: January 31, 2018

REGULATORY CONDITIONS – ENVIRONMENTAL RESOURCE PERMIT (ERP):

1. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S.

2. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the District staff. The permittee shall require the contractor to review the complete permit prior to beginning construction.

3. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5, F.A.C., unless a project-specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit.

4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the District a fully executed Form 62-330.350(1), “Construction Commencement Notice,”[10-1-13], incorporated by reference herein (http://www.flrules.org/Gateway/reference.asp?No=Ref-02505), indicating the expected start and completion dates. A copy of this form may be obtained from the District, as described in subsection 62-330.010(5), F.A.C. If available, a District website that fulfills this notification requirement may be used in lieu of the form.

5. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity.

6. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable:

a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex — “Construction Completion and Inspection Certification for Activities Associated With a Private Single-Family Dwelling Unit” [Form 62-330.310(3)]; or

b. For all other activities — “As-Built Certification and Request for Conversion to http://www.flrules.org/Gateway/reference.asp?No=Ref-02505

Operational Phase” [Form 62-330.310(1)].

c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form.

7. If the final operation and maintenance entity is a third party:

a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as-built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume I) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located.

b. Within 30 days of submittal of the as- built certification, the permittee shall submit “Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity” [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form.

8. The permittee shall notify the District in writing of changes required by any other regulatory District that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes.

9. This permit does not:

a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.;

b. Convey to the permittee or create in the permittee any interest in real property;

c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or

d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee.

10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, 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 of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed.

11. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit.

12. The permittee shall notify the District in writing:

a. Immediately if any previously submitted information is discovered to be inaccurate; and

b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase.

13. Upon reasonable notice to the permittee, District staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit.

14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. 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. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S.

15. 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 binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise.

16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards.

17. This permit is issued based on the applicant’s submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse impacts result, the District will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts.

18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property.

19. This permit for construction will expire five years from the date of issuance.

20. All wetland areas or water bodies that are outside the specific limits of construction authorized by this permit must be protected from erosion, siltation, scouring or excess turbidity, and dewatering.

21. STANDARD MANATEE CONDITIONS FOR IN-WATER WORK

The permittee shall comply with the following conditions intended to protect manatees from direct project effects:

a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species 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 area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.

c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement.

d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving.

e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404- 3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772- 562-3909) for south Florida, and to FWC at ImperiledSpecies@myFWC.com

f. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 ½" by 11" explaining the requirements for "Idle Speed/No Wake" and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at MyFWC.com/manatee.

Questions concerning these signs can be sent to the email address listed above.

22. The proposed project must be constructed and operated as per plans received by the District on January 19, 2018.

23. Five days before starting the filling activities or the installation of the Full-Depth Bottom Sealed Geotextile Filter Barrier, the permittee must begin monitoring turbidity in accordance with Sheet C-001 of the plans received by the District on January 19, 2018 to establish a baseline. This data will represent the background turbidity level of the receiving waterbody. Samples must be collected two times daily, in the morning and afternoon, at least 4 hours apart.

a) During the installation of the Full-Depth Bottom Sealed Geotextile Filter Barrier and any filling activities, the permittee must monitor turbidity in accordance with Sheet C-001 of the plans received by the District on January 19, 2018. Samples must be collected two times daily with a morning and afternoon sample at least four hours apart during the installation of the Full-Depth Bottom Sealed Geotextile Filter Barrier and any filling activities.

mailto:ImperiledSpecies@myFWC.com

Before removal of the turbidity control measures, the turbidity levels within the area surrounded by the turbidity control measures must be sampled to ensure no release of turbid water once the turbidity control measures are removed. The turbidity control measures may not be removed until the sample data indicates levels which do not exceed the State Water Quality Standards. This sample data must be included within the weekly turbidity data report.

b) If at any time the downstream turbidity level exceeds the State Water Quality Standards, then all measures required to reduce the turbidity, including stopping the installation of the Full-Depth Bottom Sealed Geotextile Filter Barrier and all filling activities, must be taken. The activities must not resume until the turbidity no longer exceeds the State Water Quality Standards. Any such violation must be reported immediately to the District.

c) All turbidity data must be submitted weekly to the District. The data must contain the following information:

- permit number;

- date and time of sampling and analysis;

- statement describing collection, handling, storage, and analysis methods;

- a map indicating the location of the samples taken;

- depth of sample;

- antecedent weather conditions; and,

- tidal stage and/or flow direction.

24. A time zero monitoring report for the planted salt marsh area and mangrove plantings shall be conducted within 30 days of initial planting. The report shall include a list of planted species, sizes, total number and densities of each plant species within each habitat type, panoramic photographs for each habitat type, and a plan or drawings that include the areal extent, acreage and cross-sectional elevations of the created/restored areas. The report must also include the total number of mangroves lost from the project and the location where the compensating plantings were conducted at a 2:1 planting to loss ratio.

25. An annual monitoring program shall be implemented one year following initial planting of the salt marsh vegetation. The monitoring program shall extend for a period of 3 years with annual reports submitted to District staff.

The monitoring report shall document:

a) The percent of the planted individuals in each stratum that have survived throughout the monitoring period and are showing signs of normal growth, based upon standard growth parameters such as height and base diameter, or canopy circumference; and,

b) The percent cover by appropriate wetland species that has been obtained; and,

c) Hydrologic conditions generally conform to those specified in the salt marsh creation plan; and

e) less than 5% areal coverage of plants on the Florida Exotic Pest Plant Council’s list of Florida’s most invasive species within the salt marsh planted area

26. At commencement of construction the ledger for the mitigation associated with the Repair Culverts at Patrol Road Project at CCAFS, permit #128040-1, will be modified to deduct 1.435 surface water functional gain units for this project

PROPRIETARY CONDITIONS - SOVEREIGN SUBMERGED LANDS (SSL):

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 which is endangered, threatened or of special concern, as listed in Rules 68A- 27.003, 68A-27.004, and 68A-27.005, F.A.C.

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

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

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

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

10. During the term of this Letter of Consent you shall maintain satisfactory evidence of sufficient upland interest as required by 18-21.004(3)(b), Florida Administrative Code. If such interest is terminated or the Board of Trustees determines that such interest did not exist on the date of issuance of this Letter of Consent, this Letter of Consent may be terminated by the Board of Trustees at its sole option. If the Board of Trustees terminates this Letter of Consent, you agree not to assert a claim or defense against the Board of Trustees arising out of this Letter of Consent.

Notice of Rights

1. A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P. O. Box 1429, Palatka Florida 32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at Clerk@sjrwmd.com, within twenty-six (26) days of the District depositing the notice of District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21) days of the District emailing the notice of District decision (for those persons to whom the District emails actual notice), or within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. The District will not accept a petition sent by facsimile (fax), as explained in paragraph no. 4 below.

2. Please be advised that if you wish to dispute this District decision, mediation may be available and that choosing mediation does not affect your right to an administrative hearing. If you wish to request mediation, you must do so in a timely-filed petition. If all parties, including the District, agree to the details of the mediation procedure, in writing, within 10 days after the time period stated in the announcement for election of an administrative remedy under Sections 120.569 and 120.57, Florida Statutes, the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, shall be tolled to allow mediation of the disputed District decision. The mediation must be concluded within 60 days of the date of the parties’ written agreement, or such other timeframe agreed to by the parties in writing. Any mediation agreement must include provisions for selecting a mediator, a statement that each party shall be responsible for paying its pro-rata share of the costs and fees associated with mediation, and the mediating parties’ understanding regarding the confidentiality of discussions and documents introduced during mediation. If mediation results in settlement of the administrative dispute, the District will enter a final order consistent with the settlement agreement. If mediation terminates without settlement of the dispute, the District will notify all the parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Florida Statutes, is resumed. Even if a party chooses not to engage in formal mediation, or if formal mediation does not result in a settlement agreement, the District will remain willing to engage in informal settlement discussions.

3. A person whose substantial interests are or may be affected has the right to an informal…