Attachment_C8__FDEP_Permit_Mod_2_.pdf

FLORIDA DEPARTMENT OF

Environmental Protection

CENTRAL DISTRICT OFFICE

3319 MAGUIRE BLVD., SUITE 232

ORLANDO, FLORIDA 32803

Ron DeSantis Governor

Jeanette Nuñez

Lt. Governor

Shawn Hamilton

Secretary

Permittee/Authorized Entity:

Brevard County

Walker Dawson, P.E., Engineer III

Walker.Dawson@BrevardFL.gov

2725 Judge Fran Jamieson Way, Building A, Room 219

Viera, Florida 32940

Brevard County Sykes Creek Muck Removal

Dredge Material Management Area (DMMA)

Polymer Aid / Chemical Addition

Authorized Agent:

Gator Dredging

Tyler B. McDougal, P.E., Vice President of Engineering

Tyler@GatorDredging.com

13630 50th Way North

Clearwater, Florida 33760

Environmental Resource Permit – Modification

State-Owned Submerged Lands Authorization – Granted in 331649-002-EI

Army Corps of Engineers Authorization – Not Applicable

Permit No.: 331649-004-EM

Oculus Facility-Site ID Search: ERP_331649

Modification of Permit No.: 331649-002-EI

331649-002-EI Permit Issuance Date: September 9, 2016

331649-002-EI Modification Issuance Date: July 22, 2022

331649-002-EI Construction Expiration Date: September 9, 2023

331649-002-EI Construction Phase Extended To: September 9, 2026 mailto:Walker.Dawson@BrevardFL.gov mailto:Tyler@GatorDredging.com https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=23.1194104.1%5d&%5bprofile=Permitting_Authorization%5d https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=hitlist&%5bfreeText=%5d&%5bfolderName=%5d&%5bprofile=Administrative%2BConstruction_Operation+Mgmt%2BDiscovery_Compliance%2BEnforcement_Legal%2BPermitting_Authorization%2BPlans+and+Specifications%2BSampling%5d&%5bcreator=%5d&%5bentityType=any%5d&%5bcreatedDateTo=%5d&%5bcatalog=23%5d&%5bsearchBy=Profile%5d&%5bsortBy=Received+Date%5d&%5bcreatedDate=%5d&%7bCounty=_EQ_BREVARD%7d&%7bDistrict=_EQ_CD%7d&%7bFacility-Site+ID=_EQ_ERP_331649%7d https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=23.1194104.1%5d&%5bprofile=Permitting_Authorization%5d https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=23.1194104.1%5d&%5bprofile=Permitting_Authorization%5d https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=23.1194104.1%5d&%5bprofile=Permitting_Authorization%5d https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=23.1194104.1%5d&%5bprofile=Permitting_Authorization%5d https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=23.1194104.1%5d&%5bprofile=Permitting_Authorization%5d

Permittee: Brevard County Permit Expiration: September 9, 2026

DEP Permit No.: 331649-004-EM

NOTICE OF PERMIT MODIFICATION

Brevard County

Attention: Walker Dawson, P.E., Engineer III

Walker.Dawson@BrevardFL.gov

2725 Judge Fran Jamieson Way, Building A, Room 219

Viera, Florida 32940

Permit Modification No.: 331649-004-EM

Permittee: Brevard County

Project: Sykes Creek Muck Removal DMMA Polymer Aid

Dear Mr. Dawson:

The request to modify the above referenced permit has been received and reviewed by

Department staff. The permittee is authorized to utilize polymers to assist with dewatering of the dredge material in the Dredge Material Management Area (DMMA) originally authorized within

331649-002-EI, as depicted on the attached exhibits.

The DMMA is approximately located north of Merritt Island Causeway (SR 520), east of Sykes

Creek Parkway, just north of Kiwanis Island Park, in Section 25, Township 24 South, Range 36

East, Merritt Island, Brevard County. The parcel identification number is 24-36-25-00-1 and the

DMMA is approximately centered at Latitude 28o 21’53.4974” North and Longitude 80o 40’

45.4089” West.

Permitting History

• 331649-003-EM is a permit modification that authorized the extension of the 331649-002-EI construction expiration phase from September 8, 2021 to September 9, 2023. The permit modification was issued on September 22, 2021 with an expiration date of September 9, 2023.

• 331649-002-EI is an individual permit that authorized the removal of 661,000 cubic yards of muck from Sykes Creek and associated canals. Also, the DMMA was included as part of this authorization. There were 0.23 acres of direct and secondary impacts proposed that were mitigated with 0.58 acres of shoreline enhancement through the removal of Brazilian Pepper,

0.01 acres of mangrove impact restoration and 0.04 acres of mangrove creation. The permit modification was issued on September 9, 2016 with an expiration date of September 8, 2021.

FLORIDA DEPARTMENT OF

Environmental Protection

CENTRAL DISTRICT OFFICE

3319 MAGUIRE BLVD., SUITE 232

ORLANDO, FLORIDA 32803

Ron DeSantis Governor

Jeanette Nuñez

Lt. Governor

Shawn Hamilton

Secretary mailto:Walker.Dawson@BrevardFL.gov https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=23.1194104.1%5d&%5bprofile=Permitting_Authorization%5d https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=23.1034645.1%5d&%5bprofile=Permitting_Authorization%5d https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=23.1194104.1%5d&%5bprofile=Permitting_Authorization%5d https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=23.1194104.1%5d&%5bprofile=Permitting_Authorization%5d

• 331649-001-EI is an individual permit application submitted to dredge muck from Sykes

Creek and associated canals. The application was received by the Department on January 6, 2015 and withdrawn on July 1, 2015.

Additional Specific Conditions to 331649-002-EI

DMMA – Initial Decant Water Sampling

52. For the first three days of DMMA operation, residual polymer ‘jar tests’ will be performed every four (4) hours on the DMMA decant water. After the third day, the testing will be performed once per day for thirty (30) days, then once per week after thirty (30) days. The tests include a sample of raw material (i.e. muck from dredge template) is obtained and measured at 500 milli-liters in a graduated cylinder (or glass jar) and mixed with 500 milli-liters of untreated canal water. A second sample of 500 milli-liters of raw material is mixed with 500 milli-liters of post-treated elutriate water. Both samples are rotated (or shook) four

(4) times and allowed to settle to compare treated versus un-treated settling rates. If both samples settle at a similar rate, then it is confirmed that the decant water is void of residual polymer. If the samples have a noticeable difference in settling rate, then polymer dosing will be immediately adjusted and an additional ‘jar test’ will be performed to confirm adjustment has resulted in the decant water being void of residual polymer. If two sequential

‘jar tests’ fail, all operations will cease, and the system will be recalibrated prior to restarting. During re-start, ‘jar tests’ will be performed every hour to verify proper dosing. Records of test dates, times, procedures, and results will be maintained and will be available upon request by the Department.

DMMA – Acute Toxicity Test Requirements

53. Within 30 days of dredging operation, a grab sample of effluent will be collected and preserved according to Florida DEP SOPs and submitted to a bioassay laboratory certified by the Florida Department of Health Environmental Laboratory Certification Program to perform acute toxicity testing of the effluent according to the following test procedure:

A. The permittee shall comply with the following requirements to evaluate acute whole effluent toxicity of the discharge from the DMMA.

1. Effluent Limitation - The 96-hour LC50 shall not be less than 100% effluent. [Rules

62-302.200(1), 62-302.500(1)(a)4., F.A.C.]

2. Monitoring Frequency - The toxicity test will begin no later than the 5th day of the start day of the dredging operation.

3. Sampling Requirements - The test shall be conducted on four separate grab samples collected at evenly-spaced (6-hr) intervals over a 24-hour period. The four grab samples shall be used in eight bioassays (four bioassays for each species) and shall represent one test. If the duration of the discharge is less than 24-hours, the duration of discharge shall be documented on the chain of custody. Samples shall be collected and preserved following Rule 62-160, F.A.C., and Florida Department of

Environmental Protection Standard Operating Procedures https://floridadep.gov/dear/quality-assurance/content/dep-sops

4. Test Requirements https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=23.275573.1%5d&%5bprofile=Permitting_Authorization%5d https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=23.1194104.1%5d&%5bprofile=Permitting_Authorization%5d https://floridadep.gov/dear/quality-assurance/content/dep-sops

a) All tests shall be conducted using a control (0% effluent) and a minimum of five dilutions: 100%, 75%, 50%, 25%, and 12.5% effluent.

b) The permittee shall conduct 96-hour acute static renewal toxicity tests using the mysid, Americamysis (Mysidopsis) bahia, and the inland silverside, Menidia beryllina, concurrently.

c) All test species, procedures and quality assurance criteria used shall be in accordance with Methods for Measuring Acute Toxicity of Effluents and

Receiving Waters to Freshwater and Marine Organisms, 5th Edition, EPA-

821-R-02-012. Any deviation of the bioassay procedures outlined herein shall be submitted in writing to the Department for review and approval prior to use. In the event the above method is revised, the permittee shall conduct acute toxicity testing in accordance with the revised method.

d) The control water and dilution water used shall be artificial seawater and diluted to the test salinity as described in EPA-821-R-02-012, Section 7.2.4. The test salinity shall be determined as follows:

i. When the salinity of the effluent is between 1 and 7 parts per thousand (ppt), the following salinity adjustment shall be used. For the Americamysis bahia bioassays, the effluent and the control (0% effluent) shall be adjusted to a salinity of 7 ppt for the 100% effluent test using artificial sea salts. No salinity adjustment shall be done for the Menidia beryllina bioassay test. The salinity of the control/dilution water (0% effluent) shall match the test salinity of the effluent. A salinity adjustment control should be prepared and included with the Americamysis bahia bioassay. The salinity adjustment control is intended to identify toxicity resulting from adjusting the salinity of the effluent with artificial sea salts. To prepare the salinity adjustment control, dilute the control/dilution water to the salinity of the effluent and adjust the salinity of the salinity adjustment control to 7 ppt at the same time that the salinity of the effluent is adjusted to 7 ppt, using the same artificial sea salts.

ii. When the salinity of the effluent is greater than 7 ppt, no salinity adjustment shall be made to the effluent and the test shall be run at the effluent salinity.

The salinity of the control/dilution water (0% effluent) shall match the test salinity of the effluent.

5. Quality Assurance Requirements

a) A standard reference toxicant (SRT) quality assurance (QA) acute toxicity test shall be conducted with each species used in the required toxicity tests either concurrently or initiated no more than 30 days before the date of each routine or additional follow-up test conducted. Additionally, the SRT test must be conducted concurrently if the test organisms are obtained from outside the test laboratory unless the test organism supplier provides control chart data from at least the last five monthly acute toxicity tests using the same reference toxicant and test conditions. If the organism supplier provides the required SRT data, the organism supplier’s SRT data and the test laboratory’s monthly SRT-QA data shall be included in the reports for each companion routine or additional follow-up test required.

b) If the mortality in the control (0% effluent) exceeds 10% for either species in any test, the test for that species (including the control) shall be invalidated and the test repeated. The repeat test shall begin within 14 days after the last day of the invalid test.

c) If 100% mortality occurs in all effluent concentrations for either species prior to the end of any test and the control mortality is less than 10% at that time, the test

(including the control) for that species shall be terminated with the conclusion that the test fails and constitutes non-compliance.

d) Routine and additional follow-up tests shall be evaluated for acceptability based on the concentration-response relationship, as required by EPA-821-R-02-012, Section 12.2.6.2., and included with the bioassay laboratory reports.

6. Reporting Requirements

a) A bioassay laboratory report for the test shall be prepared according to EPA-821-

R-02-012, Section 12, Report Preparation and Test Review, and mailed to the

Department at the address in below within 30 days after the last day of the test.

b) Data for invalid tests shall be included in the bioassay laboratory report for the repeat test.

c) The same bioassay data shall not be reported as the results of more than one test.

d) All bioassay laboratory reports shall be sent to 3319 Maguire Boulevard, Suite

232, Orlando, Florida 32803-3767 and/or the electronic mail address

DEP_CD@dep.state.fl.us

7. Test Failures

a) A test fails when the test results do not meet the limits specified on Specific

Condition 53.A.1 above. If a test does not meet the acute toxicity limitation in

53.A.1, the permittee shall notify the Department at the address above within seven (7) days after the last day of the failed routine test and cease dredging.

DMMA – Chronic Toxicity Test Requirements

54. The permittee shall comply with the following requirements to evaluate chronic whole effluent toxicity of the discharge from the DMMA:

A. Effluent Limitation - The Inhibition Concentration 25% (IC25) shall not be less than

100% effluent in any test [Subsection 62-302.530(61), F.A.C.]

B. Monitoring Frequency - “Routine” toxicity tests shall be conducted monthly, the first beginning within 30 days of the beginning of the dredging, and continuing monthly for the first three months and then every three months thereafter.

C. Test Requirements mailto:DEP_CD@dep.state.fl.us

i. Routine Tests: All routine tests shall be conducted using a control (0% effluent) and a minimum of five test concentrations: 100%, 50%, 25%, 12.5% and 6.25% final effluent.

ii. Additional Follow-up Testing Requirements, if required:

1. If a routine tests does not meet the chronic toxicity limitation in Specific

Condition 54.A, above, the permittee shall conduct two additional follow-up tests on each species that failed the test.

2. Each additional follow-up test shall be conducted using a control (0% effluent) and a minimum of five dilutions: 100%, 50%, 25%, 12.5% and 6.25% effluent. The dilution series may be modified in the second test to more accurately bracket the toxicity, such that at least two dilutions above (not to exceed 100% effluent) and two dilutions below the target concentration and a control (0% effluent) are run. All test results shall be statistically analyzed according to the Appendices in EPA-821-R-02-014.

3. The first test shall be initiated within two weeks of the end of the failed routine test and weekly thereafter until a total of two valid additional follow-up tests are completed.

iii. The permittee shall conduct 7-day chronic toxicity tests on two test species concurrently.

1. Fresh waters: If the effluent will discharge to predominantly fresh waters as defined in subsection 62-300.200(22), F.A.C., the test species will be the fathead minnow, Pimephales promelas and the water flea, Ceriodaphnia dubia.

2. Marine waters: If the effluent will discharge to predominantly marine waters as defined in subsection 62-300.200(23), F.A.C., the test species will be the mysid, Americamysis (Mysidopsis) bahia, and the inland silverside, Menidia beryllina.

iv. All test species, procedures and quality assurance criteria used shall be in accordance with EPA-821-R-02-013, Short-Term Methods For Estimating the

Chronic Toxicity of Effluents and Receiving Water to Freshwater Organisms, 4th ed., or EPA-821-R-02-014, Short-Term Methods for Estimating the chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms, 4th ed. Any deviation of the bioassay procedures outlined herein shall be submitted in writing to the Department for review and approval prior to use. In the event the above method is revised, the permittee shall conduct chronic toxicity testing in accordance with the revised method.

v. The control water and dilution water shall be moderately hard water as described in

EPA-821-R-02-013, Section 7.2.3. when freshwater species are used. When saltwater species are used, the control water and dilution water used shall be artificial sea salts as described in EPA-821-R-02-014, Section 7.2. The test salinity shall be determined as follows:

i. For the Americamysis bahia bioassays, the effluent shall be adjusted to a salinity of 20 parts per thousand (ppt) with artificial sea salts. The salinity of the control/dilution water (0% effluent) shall be 20 ppt. If the salinity of the effluent is greater than 20 ppt, no salinity adjustment shall be made to the effluent and the test shall be run at the effluent salinity. The salinity of the control/dilution water shall match the salinity of the effluent.

ii. For the Menidia beryllina bioassays, if the effluent salinity is less than 5ppt, the salinity shall be adjusted to 5 ppt with artificial sea salts. The salinity of the control/dilution water (0% effluent) shall be 5 ppt. If the salinity of the effluent is greater than 5 ppt, no salinity adjustment shall be made to the effluent and the test shall be run at the effluent salinity. The salinity of the control/dilution water shall match the salinity of the effluent.

iii. If the salinity of the effluent requires adjustment, a salinity adjustment control should be prepared and included with each bioassay. The salinity adjustment control is intended to identify toxicity resulting from adjusting the effluent salinity with artificial sea salts. To prepare the salinity adjustment control, dilute the control/dilution water to the salinity of the effluent and adjust the salinity of the salinity adjustment control at the same time and to the same salinity that the salinity of the effluent is adjusted using the same artificial sea salts.

iv. Sampling Requirements:

1. The testing laboratory will be certified by the Florida Department of Health

Environmental Laboratory Certification Program for the tests to be performed. The sampling, preservation, and handling shall conform to requirements in Rule 62-160, F.A.C., and the Florida Department of

Environmental Protection Standard Operating Procedures.

https://floridadep.gov/dear/quality-assurance/content/dep-sops

2. For each routine or additional follow-up tests conducted, a total of three 24-hour composite samples of final effluent shall be collected and used per the sampling protocol discussed in EPA_821-R-02-014, Section 8.3.

3. The first sample shall be used to initiate the test. The remaining two samples shall be collected according to the protocol and used as renewal solutions on

Day 3 (48 hours) and Day 5 (96 hours) of the test.

vi. Quality Assurance Requirements

1. A standard reference toxicant (SRT) quality assurance (QA) chronic toxicity test shall be conducted with each species used in the required toxicity tests either concurrently or no more than 30 days before the start date of each routine or additional follow-up test conducted. The SRT-QA data shall be submitted with each companion routine or additional follow-up test.

2. If the mortality in the control (0% effluent) exceeds 20% for either species in any test, the test for that species (including the control) shall be invalidated and the test repeated. Test acceptability criteria for each species are defined in

EPA-821-R-02-013 13.12 (C. dubia) and Section 11.12 (P. promelas); and https://floridadep.gov/dear/quality-assurance/content/dep-sops

EPA-821-R-02-014, Section 14.12 (A. bahia) and Section 13.12 (M. beryllina) of the most current edition.

3. If during any test, 100% mortality occurs in any test concentration prior to the end of the test, and control mortality is less than 20% at that time, that test

(including the control) shall be terminated with the conclusion that the test fails and constitutes non-compliance.

4. Additional follow-up tests shall be evaluated for acceptability based on the observed dose-response relationship as required by EPA-821-R-02-014, Sections 10.2.6. Results from the evaluations shall be included with the submitted bioassay reports.

vii. Reporting Requirements

1. A bioassay laboratory report for each routine test shall be prepared according to EPA-821-R-02-014, Section 10, Report Preparation and Test Review and mailed to the Department at the address below within 30 days of completion of the test.

2. For additional follow-up tests, a single bioassay laboratory report shall be prepared according to EPA-821-R-02-014, Section 10 and mailed within 30 days of completion of the second valid additional follow-up test. If any additional follow-up test, or two consecutive routine tests do not meet the effluent limitation in Specific Condition 54.A, above, the permittee shall contact the Department within 5 days after report submittal to discuss the appropriate corrective actions necessary to remedy the observed chronic toxicity.

3. All bioassay reports shall be submitted to 3319 Maguire Boulevard, Suite 232, Orlando, Florida 32803-3767 and/or the electronic mail address

DEP_CD@dep.state.fl.us

DMMA – Operation and Maintenance

55. The DMMA operation, management and maintenance shall be in accordance with Chapter

62-330, F.A.C. and Chapter 7 of the U.S. Army Corp of Engineers Engineer Manual 1110-2-

5027 (EM 1110-2-5027), the designs, plans, calculations, and other specifications that are submitted with an application, approved by the Agency, and incorporated as a condition within this permit.

56. In accordance with Section 373.416(2), F.S., unless revoked or abandoned, all DMMA’s, stormwater management systems, dams, impoundments, reservoirs, appurtenant works, or works permitted under Part IV of Chapter 373, F.S., must be operated and maintained in perpetuity.

57. If the DMMA is not functioning as designed and permitted, operational maintenance must be performed immediately to restore the system. Within 30 days of any failure of the DMMA, stormwater management system or deviation from the permit, a report shall be submitted electronically or in writing to the Department using the enclosed “Operation and Maintenance

Inspection Certification” [Form 62-330.311(1)] describing the remedial actions taken to resolve mailto:DEP_CD@dep.state.fl.us http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_1110-2-5027.pdf the failure or deviation. If operational maintenance measures are insufficient to enable the system to meet the design and performance standards of this Chapter 62-330, F.A.C., the permittee must either replace the system or construct an alternative design. A permit modification must be obtained from the Department prior to constructing such an alternate design pursuant to Rule 62-330.315, F.A.C.

58. Upon completion of the permitted DMMA, stormwater management systems, dams, reservoirs, impoundments, appurtenant work, or works, the Agency shall have periodic inspections made to ensure the project was constructed and is being operated in compliance with the terms and conditions of the permit, and in a manner that protects the public health and safety and the natural resources of the state. No person shall refuse immediate entry or access to any authorized representative of the District or DEP who requests entry for purposes of such inspection and presents appropriate credentials pursuant to Part 12.4 (b) of the Applicants Handbook Volume I.

59. Inspections may be performed by Agency staff during and after construction. When needed to ensure a project is being operated and maintained in perpetuity, the permit may require the operation and maintenance entity to conduct the periodic inspections. The required inspection schedule for a specific project will be specified in the permit pursuant to Part 12.4

(c) of the Applicants Handbook Volume I.

60. The efficiency of DMMA’s, stormwater management systems decreases over time without periodic maintenance. For example, a significant reduction in the flow capacity of a stormwater management system often can be attributed to partial blockages of its conveyance system. Once flow capacity is compromised, flooding may result. Therefore, operation and maintenance entities must perform periodic inspections to identify if there are any deficiencies in structural integrity, degradation due to insufficient maintenance, or improper operation of projects that may endanger public health, safety, or welfare, or the water resources. If deficiencies are found, the operation and maintenance entity will be responsible for correcting the deficiencies so that the project is returned to the operational functions required in the permit and contemplated by the design of the project as permitted pursuant to

Part 12.4 (e) of the Applicants Handbook Volume I.

61. The operation and maintenance entity must maintain a record of each inspection, including the date of inspection, the name and contact information of the inspector, whether the system was functioning as designed and permitted, and make such record available upon request of the Agency pursuant to Section 12.4 (h) of Applicants Handbook Volume I.

DMMA – Conditions for Permit Issuance

62. In accordance with 62-330.301(1), F.A.C., the DMMA authorized to be constructed and operated herein:

a. Will not cause adverse water quantity impacts to receiving waters and adjacent lands;

b. Will not cause adverse flooding to on-site or off-site property;

c. Will not cause adverse impacts to existing surface water storage and conveyance capabilities;

d. Will not adversely affect the quality of receiving waters such that the state water quality standards set forth in chapters 62-4, 62-302, 62-520, and 62-550, F.A.C., including the antidegradation provisions of paragraphs 62-4.242(1)(a) and (b), F.A.C., subsections 62-4.242(2) and (3), F.A.C., and rule 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C.;

e. Will not adversely impact the maintenance of surface or ground water levels or surface water flows established pursuant to section 373.042, F.S.;

f. Will not cause adverse impacts to a Work of the District established pursuant to section 373.086, F.S.;

g. Will be capable, based on generally accepted engineering and scientific principles, of performing and functioning as proposed;

h. Will be conducted by a person or entity with the financial, legal and administrative capability of ensuring that the activity will be undertaken in accordance with the terms and conditions herein.

63. In accordance with 62-330.350(1)(q), F.A.C., if the proposed activity authorized herein causes any adverse impacts, 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.

DMMA – Additional Regulated Activities

64. The permittee must obtain additional authorization from the Department prior to beginning construction and/or operation of any regulated activity described in 62-330.020, F.A.C not specifically authorized herein and/or previous issued permits on this site.

65. 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.” The construction commencement notice can be found on the following link: Form 62-330.350(1).

66. After the DMMA has been constructed and prior to be placed in operation, submit As-Built

Certification Form 62-330.310(1), F.A.C. indicating that the DMMA has been constructed in compliance with 62-330, F.A.C., Applicant’s Handbook Volume I and Applicant’s Handbook

Volume II.

Since the proposed modification is not expected to result in any adverse environmental impact or water quality degradation, the permit is hereby modified as requested. By copy of this letter and the attached exhibits, we are notifying all necessary parties of the modification.

This permit modification changes the original permit construction expiration date from

September 9, 2023 to September 9, 2026. This permit modification does not alter the

Specific or General Conditions or monitoring requirements of the original permit(s) and permit modifications, unless stated herein. This letter must be attached to the original permit(s), permit modifications and any future permit documents.

https://floridadep.gov/sites/default/files/62-330_350_1_0.pdf https://floridadep.gov/sites/default/files/62-330_310_1_4.pdf https://floridadep.gov/sites/default/files/62-330_310_1_4.pdf

NOTICE OF RIGHTS

This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until a subsequent order of the Department. Because the administrative hearing process is designed to formulate final agency action, the subsequent order may modify or take a different position than this action.

Petition for Administrative Hearing

A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-

106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following information:

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

(b) The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests will be affected by the agency determination;

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

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

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

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

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

The petition must be filed (received by the Clerk) in the Office of General Counsel of the

Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.

Time Period for Filing a Petition

In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 21days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. You cannot justifiably rely on the finality of this decision unless notice of this decision and the right of substantially affected persons to challenge this decision has been duly published or otherwise provided to all persons substantially affected by the decision. While mailto:Agency_Clerk@dep.state.fl.us you are not required to publish notice of this action, you may elect to do so pursuant Rule 62-

110.106(10)(a).

The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and

120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you do not publish notice of this action, this waiver will not apply to persons who have not received written notice of this action.

Extension of Time

Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the

Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time.

Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.

Mediation

Mediation is not available in this proceeding.

FLAWAC Review

The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water

Adjudicatory Commission must be filed with the Secretary of the Commission and served on the

Department within 20 days from the date when this order is filed with the Clerk of the

Department.

Judicial Review

Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of

Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General

Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of the Department.

http://web2.westlaw.com/find/default.wl?ordoc=I0C7293C0912311DB8F8F8100D79B57CF&rp=%2ffind%2fdefault.wl&DB=1000006&DocName=FLSTS120%2E569&FindType=L&AP=&rs=WLW9.08&ifm=NotSet&fn=_top&sv=Split&mt=Florida&utid=4&vr=2.0&pbc=38B33E51 mailto:Agency_Clerk@dep.state.fl.us

EXECUTION AND CLERKING

Executed in Orlando, Florida.

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

Reggie Phillips

Program Administrator

Permitting and Waste Cleanup Program

Attachments:

Exhibit 1: 331649-004-EM Engineering Drawings, 16 pages

Exhibit 2: 331649 Permitting Files

Exhibit 3: See the links below for Chapter 62-330, F.A.C., Forms, Link to the Construction Commencement Notice/Form 62-330.350(1)

Link to the As-built Certification and Request for Conversion to Operational

Phase/Form 62-330.310(1)

Link to the Operation and Maintenance Inspection Certification/Form 62-330.311(1)

Link to the Request to Transfer Permit/Form 62-330.340(1)

CERTIFICATE OF SERVICE

The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons:

Matt Culver, Brevard County, Matt.Culver@brevardfl.gov

Lee Ann McCullough-Wham, Brevard County, LeeAnn.McCullough-Wham@brevardfl.gov

Mr. Little, Gator Aquatic Tech, J.Little@GatorAquatictech.com

William Coughlin, Gator Dredging, Bill@GatorDredging.com

Reggie Phillips, FDEP, Reggie.Phillips@FloridaDEP.gov

Teayann Duclos, FDEP, Teayann.Duclos@FloridaDEP.gov

Leo Angleró, FDEP, Leo.Anglero@FloridaDEP.gov

Nancy Ross, FDEP, Nancy.Ross@FloridaDEP.gov

FILING AND ACKNOWLEDGMENT

FILED, on this date, pursuant to Section 120.52, F.S., with the designated Department Clerk, receipt of which is hereby acknowledged.

July 22, 2022

Clerk Date https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=23.1194182.1%5d&%5bprofile=Permitting_Authorization%5d https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=hitlist&%5bfreeText=%5d&%5bfolderName=%5d&%5bprofile=Administrative%2BConstruction_Operation+Mgmt%2BDiscovery_Compliance%2BEnforcement_Legal%2BPermitting_Authorization%2BPlans+and+Specifications%2BSampling%5d&%5bcreator=%5d&%5bentityType=any%5d&%5bcreatedDateTo=%5d&%5bcatalog=23%5d&%5bsearchBy=Profile%5d&%5bsortBy=Received+Date%5d&%5bcreatedDate=%5d&%7bCounty=_EQ_BREVARD%7d&%7bDistrict=_EQ_CD%7d&%7bFacility-Site+ID=_EQ_ERP_331649%7d https://floridadep.gov/water/submerged-lands-environmental-resources-coordination/forms/construction-commencement-notice https://floridadep.gov/water/submerged-lands-environmental-resources-coordination/forms/built-certification-and-request https://floridadep.gov/water/submerged-lands-environmental-resources-coordination/forms/built-certification-and-request https://floridadep.gov/water/submerged-lands-environmental-resources-coordination/forms/operation-and-maintenance https://www.flrules.org/gateway/readRefFile.asp?filename=62-330_340_1_req_xfer_permit_404%20-12.29.20.docx&refId=12039 mailto:Matt.Culver@brevardfl.gov mailto:LeeAnn.McCullough-Wham@brevardfl.gov mailto:J.Little@GatorAquatictech.com mailto:Bill@GatorDredging.com mailto:Reggie.Phillips@FloridaDEP.gov mailto:Teayann.Duclos@FloridaDEP.gov mailto:Leo.Anglero@FloridaDEP.gov mailto:Nancy.Ross@FloridaDEP.gov