Attachment_C6__FDEP_Permit.pdf

Florida Department of Environmental Protection

Central District

3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803-3767

Rick Scott Governor

Carlos Lopez-Cantera

Lt. Governor

Jonathan P. Steverson Secretary

Permittee:

Brevard County c/o Matt Culver

2725 Judge Fran Jamieson Way Melbourne, FL 332940 matt.culver@brevardcounty.us

Agent:

David Stites

Taylor Engineering, Inc.

10151 Deerwood Park Blvd

Bldg. 300, Suite 300 Jacksonville, FL 32256 dstites@taylorengineering.com

Brevard County – Sykes Creek and Adjacent Canals- Muck Removal and Dredge Material Management Area (DMMA)

Environmental Resource Permit

State-owned Submerged Lands Authorization –Granted

U.S. Army Corps of Engineers Authorization – Pending

Permit No.: ERP 05-0331649-002 EI

Permit Issuance Date: September 9, 2016 Permit Construction Phase Expiration Date: September 8, 2021 mailto:dpurk@cfl.rr.com mailto:dstites@taylorengineering.com

Orlando, Florida 32803-3767

Consolidated Environmental Resource Permit and Sovereignty Submerged Lands

Authorization

Permittee: Brevard County Permit No: ERP 05-0331649-001-EI

PROJECT LOCATION

The activities authorized by this Permit are located in Sykes Creek, part of the Banana River Aquatic Preserve and adjacent canals north of Highway 520 and south of Jacala Drive in Merritt Island, Florida, 32952. The spoil will be pumped to a Dredge Material Management Area (DMMA) on an existing spoil island owned by Brevard County. within Sykes Creek, immediately north of Kiwanis Island Park.

PROJECT DESCRIPTION

The Permittee is authorized to preform muck removal within a 187-acre area of the Sykes Creek and associated canals to remove approximately 661,00 cubic yards of muck.

This permit also authorizes the construction and operation of a DMMA in accordance with the supporting information submitted by the applicant and retained in Department files.

Mitigation: Mitigation for 0.23 acres of direct and secondary impacts associated with the construction of the DMMA and equipment staging area at Kiwanis Island Park includes the following:

a) 0.58 acres of shoreline enhancement through the removal of Brazilian Pepper

b) The restoration of 0.01 acres of temporary mangrove impact

c) Creation of 0.04 acres of mangrove wetlands

Authorized activities are depicted on the attached exhibits.

AUTHORIZATIONS

Brevard County – Sykes Creek and Adjacent Canals- Muck Removal and Dredge Material Management Area (DMMA)

Environmental Resource Permit The Department has determined that the activity qualifies for an Environmental Resource Permit.

Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of Chapter 373, Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.).

Orlando, Florida 32803-3767

Permittee: Brevard County Permit Expiration: September 8, 2021 Permit No: ERP05-0331649-002 EI Page 3 of 21

Sovereignty Submerged Lands Authorization The activity is located on sovereignty submerged lands owned by the State of Florida. It therefore also requires authorization from the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), pursuant to Article X, Section 11 of the Florida Constitution, and Section 253.77, F.S. As staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) under Sections 253.002, F.S., the Department has determined that the activity qualifies for and requires a Letter of Consent, as long as the work performed is located within the boundaries as described and is consistent with the terms and conditions herein.

During the term of this Letter of Consent you shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 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.

Federal Authorization Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization shall be required from the Corps. A copy of your permit application has been forwarded to the Corps for their review. The Corps will issue their authorization directly to you or contact you if additional information is needed. If you have not heard from the Corps within 30 days from the date your application was received at the local FDEP Office, contact the Irene Sadowski at the USACE, Region 4, Cocoa Office at (321) 504-3771, ext. 12 for status and further information.

Failure to obtain Corps authorization prior to construction could subject you to federal enforcement action by that agency.

Coastal Zone Management Issuance of this authorization also 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 also constitutes a water quality certification under Section 401 of the Clean Water Act, 33 U.S.C. 1341.

Other Authorizations You are advised that authorizations or permits for this activity may be required by other federal, state, regional, or local entities including but not limited to local governments or municipalities. This permit does not relieve you from the requirements to obtain all other required permits or authorizations.

The activity described may be conducted only in accordance with the terms, conditions and attachments contained in this document. Issuance and granting of the permit and authorizations herein do not infer, nor guarantee, nor imply that future permits, authorizations, or modifications will be granted by the Department.

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PERMIT/SOVEREIGNTY SUBMERGED LANDS CONDITIONS

The activities described must be conducted in accordance with:

• The Specific Conditions

• The General Conditions

• The General Conditions for Sovereignty Submerged Lands Authorization

• The Special Consent Conditions

• The limits, conditions and locations of work shown in the attached drawings

• The term limits of this authorization

You are advised to read and understand these conditions and drawings prior to beginning the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings herein. If you are using a contractor, the contractor also should read and understand these conditions and drawings prior to beginning any activity. Failure to comply with these conditions, including any mitigation requirements, shall be grounds for the Department to revoke the permit and authorization and to take appropriate enforcement action. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit and sovereignty submerged lands authorization, as described.

SPECIFIC CONDITIONS – CONSTRUCTION ACTIVITIES

Turbidity & Water Quality at the dredging area:

1. For activities occurring in Sykes Creek, part of the Banana River Aquatic Preserve, Outstanding Florida Water: Turbidity must be controlled to prevent violations of water quality pursuant to Rule 62-302.700, Florida Administrative Code. No degradation of water quality, other than that allowed in Rule 62-4.242(2)(3), F.A.C. is permitted in Outstanding Florida Waters and Outstanding Natural Resource Waters, respectively. Turbidity shall not exceed natural background conditions.

2. For activities occurring outside of the outside of the areas designated as Outstanding Florida Waters: Turbidity must be controlled to prevent violations of water quality pursuant to Rule 62-302.530(69), Florida Administrative Code. Turbidity shall not exceed 29 Nephelometric Turbidity Units (NTU) above natural background conditions. Also, turbidity of the effluent from DMMA discharged back in to the Indian River Lagoon shall not exceed 29 NTU above natural back ground of the receiving surface waters. There is no mixing zone for DMMA effluent.

3. A mixing zone for turbidity is granted with the following size and configuration constraint(s):

The mixing zone shall extend no further than the floating turbidity barrier, not to exceed 150 meters, from the cutterhead, return flow discharge, or other points of turbidity generation [Chapter 62-4.244(5)(c) F.A.C.].

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4. Measurements must be acquired in adherence to the Department’s Standard Operating Procedure (SOP) for field turbidity, available at the website:

www.dep.state.fl.us/labs/qa/sops.htm More specifically, the instruments used to measure turbidity shall be fully calibrated within one month prior to commencement of the project, and at least once a month thereafter during the project. Calibration shall be verified each morning prior to use, and after each time the instrument is turned on, using a turbidity “standard” that is different from the one used during calibration. Calibration procedures shall be recorded in a permanent logbook, and copies must be submitted with the data.

5. Monitoring for turbidity shall be conducted for the duration of the project. Sampling will commence prior to, but no more than 24 hours before initiation of any dredging or filling activities.

6. A minimum of two sampling sites shall be established within the mixing zone as described in

Specific Condition 3. The first site will be located at the mixing zone boundary (Compliance Sample (CS)); if required the second site will be located 50 meters downstream from the CS;

and the third site shall be located 100 meters downstream from the CS. These sites shall be established on a transect extending down current from the turbidity source.

Samples shall be collected from surface and mid-depth and one foot above bottom. Mid-depth samples are sufficient in water that is less than five feet deep. Sampling will be restricted to the axis of the visible plume. Samples will be collected at the intersection of the mixing zone boundary and a line parallel with the water current and extending from the source of turbidity if a plume is not visible.

Background samples shall be collected at two sites 500 meters upstream. These samples will be collected at surface, mid-depth, and one-foot above bottom. The two background sites will be marked by temporary buoys and shall be maintained for the duration of the sampling program; these sites shall not be changed without specific written authorization by the Department.

Samples shall be collected with a Kemmerer, Van Dorn or a similar sampler that is designed to collect in situ water samples. Samples shall be analyzed immediately after collection with a turbidimeter that produces results in Nephelometric measurements. The field sample results shall be accurately recorded to the precision capabilities (decimal place) of the instrument.

Field turbidimeter results shall be rounded to the next whole number (ex. 15.23 NTUs shall be recorded; however the results shall be interpreted as 16.00 NTUs). If monitoring reveals turbidity levels greater than or equal to the turbidity limits contained in Specific Conditions 1 and 2, the permittee shall cease all work pursuant to Specific Condition 10.

7. Turbidity monitoring reports shall be submitted to the Department (at

DEP_CD@dep.state.fl.us) each Monday following project commencement; reports shall include the permittee name and permit number. When submitting this information to the Department, please include, at the top of each page or as a cover page to the submittal: “This information is being provided in partial fulfillment of the monitoring requirements in Permit No. 05-0311649-002.” Failure to submit reports in a timely manner constitutes a violation of the permit and may be grounds for revocation.

http://www.dep.state.fl.us/labs/qa/sops.htm mailto:DEP_CD@dep.state.fl.us

Permit No: ERP05-0331649-002 EI Page 6 of 21

8. Monitoring data shall contain the following information:

a. Permit number;

b. Dates of sampling and analysis;

c. A statement describing the methods used in collection and analysis of the samples;

d. A map showing the sampling locations, along with indicating the latitude and longitude;

e. Copies of the Quality Assurance/Quality Control log; and

f. A statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision and accuracy of the data;

9. Monitoring reports shall also include the following information for each sample that is taken:

a. Time of day samples taken;

b. Depth of water body;

c. Depth of sample;

d. Tidal stage and direction of flow; and

e. Antecedent weather conditions, including wind direction and velocity.

The compliance locations specified in Specific Condition 5 shall be considered the limits of the temporary mixing zone for turbidity allowed during construction.

10. If monitoring reveals turbidity levels greater than or equal to the turbidity limits contained in

Specific Conditions 1 and 2, the permittee shall take the following measures:

a. Immediately cease all work contributing to the water quality violation. Work which may contribute to the violation shall not resume until corrective measures have been taken and turbidity levels have returned to acceptable levels; and

b. Stabilize exposed soils contributing to the violation. Modify work procedures responsible for the violation, install additional turbidity containment devices, repair non-functioning turbidity containment devices; and

c. Increase monitoring frequency to every 2 hours until turbidity levels are within acceptable limits as specified in Specific Condition 3. Interim samples collected following the exceedance(s) shall be collected in the same manner and locations as the routine monitoring. Operations may not resume until the water quality standard for turbidity has returned to natural background conditions.

d. The exceedance (s) shall be immediately reported to the Department, Central District

Office (407)897-4100. The report shall include the description of the corrective actions being taken or proposed to be taken. The report shall be made to the Department as soon as normal business hours resume if exceedance(s) are noted after normal business hours, on holidays, or on weekends. A copy of the monitoring data sheets, which indicate violation(s), shall be forwarded immediately to the Department at DEP_CD@dep.state.fl.us.

Failure to report exceedance(s) or to follow correct procedures before resuming work shall constitute grounds for permit revocation and may subject the permittee to formal enforcement action.

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11. Best management practices (primarily turbidity screens and floating turbidity barriers) for erosion and turbidity control shall be implemented and maintained at all times during construction and operation of the permitted activity to prevent siltation and turbid discharges in excess of State water standards pursuant to Chapter 62-302, F.A.C. The permittee shall be responsible for ensuring that erosion and turbidity control devices and procedures are inspected and maintained daily during all phases of construction authorized by this permit until all areas that were disturbed during construction are sufficiently stabilized to prevent erosion, siltation, and turbid discharges.

12. Upon final completion of the project and upon reasonable assurance that the project is no longer a potential turbidity source, the permittee will be responsible for the removal of the turbidity barriers. The turbidity control devices shall be removed no later than one year from completion of the project. All turbidity control devices shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapters 62-330 or 62-701, F.A.C.

13. The limits of construction shall be delineated by silt fencing or a floating turbidity barrier.

The permittee shall bear the responsibility of notifying all construction workers that silt fencing or turbidity barrier represents the limits of all construction activities. The permittee shall bear the responsibility of keeping all construction workers and equipment out of the adjacent wetlands and surface waters where work has not been permitted for impacts.

Dredging and DMMA construction:

14. There shall be no stock piling of tools, materials (i.e., lumber, pilings, riprap, and debris) within wetlands, along the shoreline within the littoral zone, or elsewhere within wetlands/waters of the state unless specifically approved in this permit. Any and all construction debris shall be removed from wetlands/waters of the state within 14 days of completion of the work authorized by this permit.

15. No trimming or alteration of mangroves are under this permit except in area permitted for impacts. There is to be no mangrove trimming in Wetland Area 2.

16. All areas of floating and submerged pipeline associated with the project shall be adequately marked as to not pose a navigational hazard.

17. Watercraft associated with the construction shall operate within waters of sufficient depth to preclude bottom scouring/prop dredging.

18. This permit does not authorize impacts, to submerged aquatic vegetation. All work will comply with a minimum 5-foot setback from all seagrasses.

19. If it is found that impacts to seagrasses have occurred as a result of the dredging, the applicant may be required to conduct monitoring and/or provide compensatory mitigation for the impacts. If mitigation is required, the mitigation plan will be subject to the approval of the Department.

20. No portion of the dredge pipeline, nor any related equipment, shall be stored, anchored on, or laid on or over seagrass beds without prior Department approval. Anchoring done to secure the dredge or equipment shall be done within the navigation channel or in areas where seagrass beds are not present during dredging and related activities.

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21. Construction equipment shall not be repaired or refueled in wetlands or elsewhere within waters of the state.

22. The permittee shall report any damage to the Department within 24 hours that occurs to the wetlands/littoral zone/submerged recourse and substrate areas as a result of the activities. If any damage occurs to wetlands or surface waters as a result of any construction activities, the permittee shall be required to restore the wetland area by regrading the damaged areas back to the natural reconstruction elevations and planting vegetation of the size, densities and species that exist in the adjacent areas pursuant to a consent order. The restoration shall be completed within 30 days of completion of the construction and shall be done to the satisfaction of the Department.

23. Any disturbed areas of the shoreline shall be stabilized immediately (within 48 hours) following completion the project.

24. Any pipeline associated with the dredging project should, at a minimum, be inspected daily to ensure pipeline integrity.

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

Wetlands Mitigation:

26. With the exception of Impact Area 5, which will be restored at the completion of construction activities, the Permittee shall, prior to beneficial use of the site, complete all construction and planting aspects of the mitigation plan, including the grading and planting, in accordance with the design details in the final approved drawings.

27. Mitigation for 0.23 acres of direct and secondary impacts associated with the construction of the DMMA and equipment staging area at Kiwanis Island Park includes the following:

a) 0.58 acres of shoreline enhancement through the removal of Brazilian Pepper

b) The restoration of 0.01 acres of temporary mangrove impact

c) Creation of 0.04 acres of mangrove wetlands

Mitigation details are depicted on the attached exhibits.

Wetlands Mitigation Monitoring and Reporting Requirements:

28. Progress reports for the project shall be submitted to the Department (3319 Maguire Boulevard, Suite 232, Orlando, FL 32803 or electronically at DEP_CD@dep.state.fl.us) beginning when work commences and shall continue to be submitted on semi-annually during construction thereafter until the permitted project and mitigation is complete and successful. The cover page shall indicate the permit number, project name, and the Permittee name. Progress reports shall be submitted to the Department even if there is no ongoing construction. Reports shall include the current project status and the construction schedule for the upcoming quarter.

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The reports shall include the following:

a. Date permitted activity was begun; if work has not begun on-site, please indicate.

b. Brief description of the work completed since the previous report (e.g., mitigation activities, portions of DMMA constructed, areas of completed muck removal, restoration completed, maintenance activities, monitoring).

c. Brief description and extent of work anticipated in the next six months (e.g., mitigation activities, portions of the landfill to be installed/constructed, restoration actions, maintenance activities, monitoring).

d. The status and appropriateness of wetland hydrology in the enhanced and created wetlands.

This should include information on any wetlands that required hydrologic manipulation and the type of hydrologic management required.

e. Summary of incidents of water quality violations e.g. turbidity which may have occurred.

f. The first page of each report shall include the following certification statement signed by the individual who supervised the preparation of the report: “This report represents a true and accurate description of the activities conducted during the three month period covered by this report.”

29. Wetland Creation/Enhancement Success Criteria - Wetland restoration areas will be considered successful and will be released from monitoring and reporting requirements when the following criteria are met continuously for a period of at least one year without intervention in the form of addition or removal of vegetation.

a. The restoration areas can reasonably be expected to develop into the target community type described as determined by the Florida Land Use and Cover and Forms Classification System (third edition; January 1999).

b. Topography, water depth, and water level fluctuation in the restoration area are characteristic of the wetlands/surface water type specified in criterion "a."

c. Species composition of recruiting wetland vegetation is indicative of the wetland type specified in criterion "a."

d. At least 80 percent of the planted or recruited individuals in each stratum 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;

e. At least 80 percent cover by appropriate wetland species has been obtained within created wetland communities;

f. Coverage by nuisance or exotic species does not exceed 10 percent at any area within the mitigation site and 20 percent for the entire mitigation site.

g. The wetland creation and enhancement areas can be determined to be a wetland or other surface water according to Chapter 62-340, F.A.C.

The restoration area may be released from monitoring and reporting requirements and be deemed successful at any time during the monitoring period if the Permittee demonstrates that the conditions in the restoration area have adequately replaced the wetland and surface water functions affected by the regulated activity and that the site conditions are sustainable.

30. The Permittee shall monitor and maintain the wetland restoration areas until the criteria set forth in the Wetland Restoration Success Criteria Condition above are met. The Permittee shall perform corrective actions identified by the Department if the Department identifies a wetland restoration deficiency that is the result of project construction.

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31. The Permittee shall undertake required maintenance activities within the wetland restoration areas as needed at any time between the initiation of the mitigation plan and termination of monitoring, with the exception of the final year. Maintenance shall include the removal of nuisance and exotic species, with sufficient frequency that their combined coverage at no time exceeds the Wetland Restoration Success Criteria Condition above. Use of herbicides on site will require written approval from the Department identifying the type of herbicide to be used and the locations(s) proposed for treatment.

32. The Permittee shall submit, within six months of completion of the wetland creation and enhancement areas, an as-built survey of the wetland restoration and creation confirming the dimensions, grades, ground elevations, water surface elevations, and species composition, numbers and densities. Upon Department inspection and approval of the restoration areas, the monitoring program shall be initiated with the date of the Department field inspection being the construction completion date of the mitigation areas. Monitoring events shall occur between March 1 and November 30 of each year. An Annual Wetland Monitoring Report shall be submitted upon the anniversary date of Department approval to initiate monitoring.

Annual reports shall provide documentation that a sufficient number of maintenance inspection/activities were conducted to maintain the restoration areas in compliance according to the Wetland Restoration Success Criteria Conditions above. Note that the performance of maintenance inspections and maintenance activities will normally need to be conducted more frequently than the collection of other monitoring data to maintain the restoration areas in compliance with the Wetland Restoration Success Criteria Condition above.

33. Monitoring Data for the Annual Report shall be collected between the period of March 1 through November 30.

34. Following the Department’s determination that the wetland creation/restoration has been successfully completed, the Permittee shall operate and maintain the wetland restoration areas such that they remain in their current or intended condition for the life of the system.

The Permittee must perform corrective actions for any portions of the wetland restoration areas where conditions no longer meet the criteria set forth in the Wetland Restoration Criteria Conditions.

Dredge Material Management Area:

35. All construction, operation, and maintenance shall be accomplished as set forth in the plans, specifications and performance criteria and in other written communications contained in the Department's files and approved by this permit. Any alteration or modification to the Dredged Material Management Area (DMMA) as permitted requires prior approval from the Department.

36. At least 48 hours prior to the commencement of construction activities authorized by this permit; the permittee shall submit to the Department (DEP_CD@dep.state.fl.us) a notice of commencement indicating the start date. (See below item 4 in GENERAL CONDITIONS FOR

INDIVIDUAL PERMITS.

37. A separate notification is required before the commencement of the dredging operation. It must be submitted (DEP_CD@dep.state.fl.us) at least 48 hours prior to beginning the dredging operations. (See below item 4 in GENERAL CONDITIONS FOR INDIVIDUAL PERMITS.

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38. If any other regulatory agency should require revisions or modifications to the permitted project, the Department is to be notified of the revisions so that a determination can be made whether a permit modification is required.

39. Within 30 days after completing construction of the DMMA but before placing any dredge materials, the permittee shall provide the following to the Agency (DEP_CD@dep.state.fl.us), as applicable:“As-Built Certification and Request for Conversion to Operational Phase” [Form 62-330.310(1)].

40. Within 30 days after removing the pipeline and DMMA constructed area, the permittee shall provide the following to the Agency (DEP_CD@dep.state.fl.us), as applicable: “As-Built Certification and Request for Conversion to Operational Phase” [Form 62-330.310(1)].

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

42. A 2 ft. freeboard shall be maintained within the DMMA during the normal operation of the facility.

43. Vegetative cover shall be installed on the inside and outside berms of DMMA. If possible, the vegetative cover should be established before placement of dredge material. Any erosion of the berm must be repaired within 3 days of discovery.

44. An “Operation and Maintenance Plan” (OMP) for the DMMA shall be prepared and submitted to the Department at least 15 days before commencement of the actual dredge operation. The OMP shall include a routine inspection schedule and protocols for regular or emergency corrective actions for seepage, erosion, piping, tunneling or overtopping. The OMP shall also include protocols for the storage and removal of decanted material from DMMA; storage and removal operations in the drying area; and, off-site disposal of the dried material.

Manatees:

45. Dredging shall be performed by either by mechanical clamshell or hydraulic dredging methods and is limited to daylight hours only. No nighttime dredging is authorized as part of this project.

46. To reduce the potential of crushing manatees between vessels, mooring fenders that provide a three to four-foot standoff distance under maximum compression shall be used between barges, or between a barge and tugboat, if used.

47. Two dedicated approved observers shall be present at any given time when any in-water work is being performed (including but not limited to mobilization, placement of and alteration of pipelines, dredging, movement of sediment storage barge if dredging mechanically, and demobilization) and shall perform no other duties that may interfere with their ability to observe for protected marine species. For mechanical dredging, three observers will be required with one of the three observers to accompany the spoil barge to the DMMA for observation during the spoil off-loading process.

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a. All observers shall be outfitted with needed equipment for observation (such as binoculars, polarized sunglasses, two way radios, lights etc.). Observers shall have the authority to cease project operations upon sighting a manatee within 50 feet of any in-water construction or vessel activity and if detection of protected marine species is not possible due to weather or other conditions (such as during fog, rain, wind, etc.).

b. All observers must be approved by the Florida Fish and Wildlife Conservation

Commission (FWC) as having adequate experience for this particular project. Observer experience and qualifications must be forwarded to FWC for approval a minimum of two weeks prior to serving as observers on this project. Observer(s) must have significant prior on-the-job experience observing manatees during previous dredging and in-water work where manatees are abundant.

c. All observers shall maintain a daily log that details sightings, collisions, or injuries to protected marine animals, as well as specific information (such as work itinerary, weather, work shutdowns, observer shift changes, length of time of sightings, estimated distance of animal from the dredge/equipment/vessel, animal behavior during the sighting, and actions taken). A final report summarizing the logs shall be sent to the Florida Fish and Wildlife Conservation Commission at ImperiledSpecies@myfwc.com no later than 30 days after each dredging event and/or final project completion. The report shall include project name and permit number, names of observers and contact information.

48. For dredging activities within canals less than 100 feet in width: Residential canals will be dredged from the terminal end out toward Sykes Creek. Prior to initiation of dredging activities in these narrow canals, a manatee observer will verify that no manatees are present between the dredge and the terminal end of the canal. If manatees are present, no dredging activity may begin until the animals have left the area. Animals may not be herded or harassed into leaving.

49. Even when secured, turbidity barriers pose a risk of entanglement or entrapment to manatees.

In order to avoid entanglement or entrapment, turbidity barriers shall be monitored regularly including at night. If a manatee becomes entangled or entrapped, the Florida Fish and Wildlife Conservation Commission should be notified immediately at 1-888-404-3922 (FWCC) and at ImperiledSpecies@myfwc.com.

50. The Standard Manatee Construction Conditions for In-water Work (2011) must be followed for all in-water activity.

mailto:ImperiledSpecies@myfwc.com mailto:ImperiledSpecies@myfwc.com

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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 shutdown 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.

Gopher Tortoise:

51. The project’s proposed DMMA area has potential habitat for the gopher tortoise. The applicant should refer to the FWC's Gopher Tortoise Permitting Guidelines (Revised February 2015) (http://www.myfwc.com/license/wildlife/gopher-tortoise-permits/ ) for survey methodology and permitting guidance prior to any development activity.

Specifically, the permitting guidelines include methods for avoiding impacts as well as options and state requirements for minimizing, mitigating, and permitting potential impacts of the proposed activities. If you have any questions regarding gopher tortoise permitting, please contact Rachel King by phone at (561) 882-5714 or at Rachel.King@MyFWC.com.

http://www.myfwc.com/license/wildlife/gopher-tortoise-permits/ mailto:Rachel.King@MyFWC.com

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GENERAL CONDITIONS FOR INDIVIDUAL PERMITS

The following general conditions are binding on all individual permits issued under Chapter 62-330, F.A.C., except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate project-specific conditions.

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 Agency 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

Agency a fully executed Form 62-330.350(1), “Construction Commencement Notice,” [October 1, 2013], which is incorporated by reference in paragraph 62-330.350(1)(d), F.A.C., indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. If available, an Agency 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 Operational Phase” [Form 62-330.310(1)].

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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 Agency in writing of changes required by any other regulatory agency 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 Agency 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 Agency in writing:

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

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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, Agency 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 Agency 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 subsection 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property.

GENERAL CONDITIONS FOR SOVEREIGNTY SUBMERGED LANDS

AUTHORIZATION

Any use of sovereignty submerged lands is subject to the following general conditions are binding upon the applicant and are enforceable under Chapter 253, F.S. and Chapter 258, F.S.

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1. Sovereignty submerged lands may be used 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 will constitute a violation. Violation of the authorization will result in suspension or revocation of the applicant’s use of the sovereignty submerged lands unless cured to the satisfaction of the Board of Trustees.

2. Authorization under Rule 18-21.005, F.A.C., conveys no title to sovereignty submerged lands or water column, nor does it constitute recognition or acknowledgment of any other person’s title to such land or water.

3. Authorizations under Rule 18-21.005, F.A.C., may be modified, suspended or revoked in accordance with its terms or the remedies provided in Sections 253.04, F.S. and Chapter 18-14, F.A.C.

4. Structures or activities will be constructed and used to avoid or minimize adverse impacts to resources.

5. Construction, use, or operation of the structure or activity will 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 will not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity will be modified in accordance with the court’s decision.

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

8. Structures will be maintained in a functional condition and will be repaired or removed if they become dilapidated to such an extent that they are no longer functional.

9. Structures or activities will be constructed, operated, and maintained solely for water dependent purposes.

10. The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty submerged lands or the applicant’s use and construction of structures on sovereignty submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization.

11. Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of Trustees of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure to enforce or a waiver prevent the Board of Trustees from enforcing the unenforced or waived provision in the event of a violation of that provision.

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12. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty (30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization.

13. All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization will be paid by the applicant.