Attachment_C9_FDEP_Mod_3.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

Matt C. Culver, Boating & Waterways Program Coordinator Matt.Culver@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)

Time Extension

Authorized Agent:

Taylor Engineering, Inc.

David Stites, Ph.D, Senior Advisor DStites@TaylorEngineering.com

10199 Southside Boulevard, Suite 310 Jacksonville, Florida 32256

Environmental Resource Permit – Modification State-Owned Submerged Lands Authorization – Granted in 331649-002-EI

Army Corps of Engineers Authorization – Not Applicable

Permit No.: 331649-005-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: January 20, 2023 331649-002-EI Construction Expiration Date: September 9, 2026

331649-002-EI Construction Phase Extended To: September 9, 2027 mailto:Matt.Culver@BrevardFL.gov mailto:DStites@TaylorEngineering.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 Permit Expiration: September 9, 2027 DEP Permit No.: 331649-005-EM

NOTICE OF PERMIT MODIFICATION

Brevard County Attention: Matt C. Culver, Boating & Waterways Program Coordinator Matt.Culver@BrevardFL.gov 2725 Judge Fran Jamieson Way, Building A, Room 219 Viera, Florida 32940

Permit Modification No.: 331649-005-EM Permittee: Brevard County Project: Sykes Creek Muck Removal DMMA Time Extension

Dear Mr. Culver:

The request to modify the above referenced permit has been received and reviewed by Department staff. The construction expiration date of 331649-002-EI is hereby modified from September 9, 2026, to September 9, 2027.

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

• 331649-004-EM is a permit modification that authorized the addition of polymers to assist with dewatering of the dredge material in the Dredge Material Management Area (DMMA) originally authorized within 331649-002-EI. The permit modification was issued on July 22, 2022, with an expiration date of September 9, 2026.

• 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

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:Matt.Culver@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=23.1194801.1%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=23.1034645.1%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 individual permit was issued on September 9, 2016, with an expiration date of September 8, 2021.

• 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.

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, 2026 to September 9, 2027. 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.

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 https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&%5bguid=23.275573.1%5d&%5bprofile=Permitting_Authorization%5d

(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 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 mailto:Agency_Clerk@dep.state.fl.us 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

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.

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: 331649-005-EM ERP Permitting Files Exhibit 2: 331649 ERP 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:

Tyler B. McDougal, Gator Dredging, Tyler@GatorDredging.com Adam Lucey, Taylor Engineering, ALucey@TaylorEngineering.com Jeanne Allen, Brevard County, Jeanne.Allen@BrevardFL.gov Lee Ann McCullough-Wham, Brevard County, LeeAnn.McCullough-Wham@brevardfl.gov 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&%7bApplication+Number=_EQ_0331649005%7d 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:Tyler@GatorDredging.com mailto:ALucey@TaylorEngineering.com mailto:Jeanne.Allen@BrevardFL.gov mailto: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

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.

_________________________ January 20, 2023 Clerk Date mailto:J.Little@GatorAquatictech.com mailto:Bill@GatorDredging.com mailto:Reggie.Phillips@FloridaDEP.gov mailto:Teayann.Duclos@FloridaDEP.gov mailto:Leo.Anglero@FloridaDEP.gov

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: