Attachment_D1_-_FDEP_Permit.pdf

Permittee/Authorized Entity:

City of Cocoa Beach

Attn: Wayne Carragino 1600 Minuteman Causeway

Cocoa Beach, FL 32931 Wcarragino@cityofcocoabeach.com

Cocoa Beach Muck Cap

Authorized Agent:

Applied Ecology, Inc.

Attn: Tamy Dabu 2200 Front Street, Suite 300

Melbourne, FL 32901 tdabu@appliedecologyinc.com

Environmental Resource Permit

State-owned Submerged Lands Authorization – Granted

U.S. Army Corps of Engineers Authorization – Separate Corps Authorization Required

Brevard County

Permit No.: 0443265-001-EI

Permit Issuance Date: January 28, 2025 Permit Construction Phase Expiration Date: January 28, 2030

FLORIDA DEPARTMENT OF

Environmental Protection

Central District

3319 Maguire Blvd., Suite 232 Orlando, FL 32803-3767 DEP_CD@floridadep.gov

Ron DeSantis Governor

Jeanette Nuñez

Lt. Governor

Alexis. A. Lambert Secretary mailto:Wcarragino@cityofcocoabeach.com mailto:tdabu@appliedecologyinc.com mailto:DEP_CD@floridadep.gov

Consolidated Environmental Resource Permit and Sovereignty Submerged Lands Authorization

Permittee: City of Cocoa Beach

Permit No: 0443265-001-EI

PROJECT LOCATION

The activities authorized by this permit and sovereignty submerged lands authorization are located within Banana River Aquatic Preserve, an Outstanding Florida Waters, a Class II water, Conditionally Restricted and Prohibited Shellfish Harvesting areas, at latitude 28° 18’ 57.24” and longitude -80° 38’ 42.72”, Cocoa Beach, Florida 32931, Section 09 & 16, Township 25 South, Range 37 East, Brevard County. The project location is adjacent to the Cocoa Beach Country Club.

The staging area of this project is at the City of Cocoa Beach Reclamation Facility, located at 1600 Minuteman Causeway, Cocoa Beach, FL 32931.

PROJECT DESCRIPTION

The permittee is authorized to perform a restoration project of a large relic borrow pit within the Banana River. The purpose of the project is to eliminate the exposed muck sediments which will result in an overall reduction of Total Nitrogen and Total Phosphorus in the Banana River. The project will entail restoration in the form of placing approximately 265,000 cubic yards (619,8588 square feet) of clean sand over existing muck sediments found within a 140.7-acre area of the Banana River. The clean sand cap placement will vary from 9 inches to 15 inches thick. The authorization also includes the creation of two habitat caps totaling 1.6 acres for oyster and mangrove habitat, upon which 75 black mangrove (Avicennia germinans) seedlings and 350 red mangrove (Rhizophora mangle) seedlings will be planted, totaling 2,700 square-feet (4,500 cubic yards) on the west side of the project area. Those activities include installing a total of 8 low-profile oyster habitat modules, all of which have a 75-foot length and a 10-foot width. Authorized activities are depicted on the attached exhibits.

The permit authorizes 140.7 acres of surface water impacts. Mangroves, wetland vegetation, or submerged grassbeds are not located within the project boundaries; therefore, this permit does not authorize impacts to these resources.

AUTHORIZATIONS

Cocoa Beach Muck Cap

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.).

FLORIDA DEPARTMENT OF

Environmental Protection

Central District

3319 Maguire Blvd, Suite 232 Orlando, FL 32803-3767 DEP_CD@floridadep.gov

Ron DeSantis Governor

Jeanette Nuñez

Lt. Governor

Alexis A. Lambert Secretary mailto:DEP_CD@floridadep.gov

Permittee: City of Cocoa Beach Permit Expiration: January 28, 2030 Permit No: 0443265-001-EI Page 3 of 17

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., and Chapter 258, 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. You must apply separately to the Corps using the Application for Department of the Army Permit (ENG 4345) or alternative as allowed by Corps regulations. More information on Corps permitting may be found online in the Jacksonville District Regulatory Division Sourcebook:

(https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/).

Authority for review - an agreement with the USACOE entitled “Coordination Agreement Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection (or Duly Authorized Designee), State Programmatic General Permit”, Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act.

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 Granted This permit also constitutes a grant of water quality certification under Section 401 of the Clean Water Act, 33 U.S.C. Section 1341. Pursuant to Rule 62-330.062, F.A.C. issuance of the individual or conceptual approval permit under this chapter shall constitute certification of compliance with water quality standards.

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.

https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/

Permit No: 0443265-001-EI Page 4 of 17

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.

PERMIT & SOVEREIGNTY SUBMERGED LANDS CONDITIONS

The activities described must be conducted in accordance with:

• The Specific Conditions

• The General Conditions

• The Special Consent Conditions

• The General Conditions for Sovereignty Submerged Lands Authorization

• 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- PRIOR TO CONSTRUCTION ACTIVITIES

1. Prior to beginning the authorized work, the permittee shall submit a baseline monitoring report to the Department detailing the water quality parameters listed in the authorized Water Quality and Sediment Monitoring Project. The report shall be sent by email to DEP_CD@FloridaDEP.gov, attn. Submerged Lands and Environmental Resource Program, or by mail to the Department’s Central District office at 3319 Maguire Blvd., Suite 232, Orlando, FL 32803.

SPECIFIC CONDITIONS- CONSTRUCTION ACTIVITIES

1. Best management practices for erosion control shall be implemented prior to construction commencement and shall be maintained at all times during construction to prevent siltation and turbid discharges in excess of the ambient turbidity levels of the surrounding waters.

2. The project shall comply with all applicable state water quality standards including those listed in Chapter 62-302.500, Florida Administrative Code.

3. The permittee shall report any damage to the Department within 24 hours that occurs to the wetlands/littoral zone area as a result of construction. 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 re-grading the damaged areas back to the natural reconstruction elevations and planting vegetation of the size, densities and species that exist in the adjacent

Permit No: 0443265-001-EI Page 5 of 17 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.

4. Turbidity levels outside the construction area shall not exceed 0 NTU’s above background levels. The following measures shall be taken immediately by the permittee whenever turbidity levels within waters of the State surrounding the project site exceed 0 NTU’s above background:

a. Notify the Department at (561) 681-6600 at the time the violation is first detected.

b. Immediately cease all work contributing to the water quality violation.

c. Stabilize all exposed soils contributing to the violation. Modify the work procedures that were responsible for the violation, install more turbidity containment devices, and repair any non-functional turbidity containment devices.

d. As required, perform turbidity monitoring per Specific Conditions.

e. Resume construction activities once turbidity levels outside turbidity curtains fall below 0 NTUs.

5. Water turbidity levels shall be monitored if a turbidity plume is observed outside the limits of the required turbidity control devices. Samples shall be taken every four hours until turbidity subsides at one foot above the bottom, mid-depth, and one-foot below the surface at monitoring stations located as follows:

a. Approximately 100 feet up-current of the work sites and clearly outside the influence of construction activities. (This shall serve as the natural background sample against which other turbidity readings shall be compared.)

b. Directly outside the turbidity curtains surrounding the work sites and within the densest portion of any visible turbidity plume. (This sample shall serve as the compliance sample.)

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

7. There shall be no stockpiling of tools or materials (i.e., lumber pilings, debris, etc.) within wetlands, along the shoreline, the littoral zone, or 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.

8. All construction equipment/tools and materials shall be transported to and from the site via upland roadways and barges and all equipment/tools and materials shall be stored on the uplands.

9. No dredging or filling of submerged grassbeds or live bottom communities, nor impacts to shoreline vegetation (specifically including mangroves) is authorized by this permit.

10. Dredging within waters of the state for the purpose of providing backfill is prohibited.

11. Impacts to mangroves, other wetland vegetation, and submerged aquatic vegetation are prohibited under this authorization.

Permit No: 0443265-001-EI Page 6 of 17

12. The fill material shall be sand shall be from an upland sand source that is compatible with adjacent sediments.

13. The fill material shall be free of construction coarse gravel, cobbles, debris, rocks, clay or other foreign or toxic material.

14. This permit does not authorize the construction of any additional structures/fill not illustrated on the permit drawings.

15. Installation of all oyster modules shall be done by hand, staged from either the shoreline or shallow draft boat. If turbidity is not effectively controlled by this method, all work will stop and turbidity will be controlled by utilizing a standard floating turbidity barrier or silt fence

16. The oyster modules shall be constructed in strict accordance with the attached permit drawings and shall not exceed the areas and depths indicated on those drawings.

17. Low-profile oyster habitat material will consist of only the following:

(a) Clean, sediment free culture materials (cultch) that does not contain deleterious substances that have the potential to leach into surface waters.

(b) Cultch shall consist of recycled shell that has been quarantined for at least three months.

(c) Cultch may include lime rock consisting of a minimum of 20% calcium carbonate by volume, with 90% of the lime rock being no larger than six inches in diameter.

(d) Cultch that was intentionally placed in estuarine waters for a period of time to collect oyster

(e) larvae, or seedstock (juvenile shellfish species) that has been cultured and placed in estuarine waters for grow out.

(f) Low-profile oyster habitat materials will be firmly fixed on the substrate, utilizing bags, gabions or corrals to prevent movement of the LPOH from habitat cap areas.

SPECIFIC CONDITIONS - MANATEE

18. The Standard Manatee Conditions for In-water Work (2011) shall be followed for all in-water activity.

19. The Permittee shall ensure that an observer(s) shall watch for protected marine species

(manatees, marine turtles, dolphins, etc.) during all in-water work associated with fill operations to ensure compliance with the stop work zone required in this authorization. All observers shall have prior on-the-job observation experience (including previous sightings of manatees) during previous dredging work where the activities were similar in nature to this project. The Permittee shall ensure that all observers are given a copy of the permit for the project, including all special conditions, prior to the commencement of construction.

FWC guidelines regarding observers can be found at the following website:

http://www.myfwc.com/wildlifehabitats/managed/manatee/watch-program/.

https://secure-web.cisco.com/1G1ugecd5dfDZPWdZKeTTeqb5O1OguOqraPda5BNJzXg3Bn_ziwv1mxo0W-zmjkACr-hOdrj3mJyWhnYxkVBiYf2PoW7evESDHxmEOFhbbhgpM4t-N-mKQT-FRs70GgvQMNoXvcJi7I8lbax-Y9EiRZiGvdM0tX9bQ9zSs7SS__kY0HnNqHLYKiDWC1--HT0_XkMx8oTUGS4gYev9cLNfXjgX0rHdl_XG6-_7inRRIhsh2n8CnpfPBhIca7BV9y3hu_iwqEicjEzbXtoEHX9cPspKtmKzchyKRTiAkplZd9fReO8UvM-UkBRC5OGTW4xb6LuPVsxnMUS4ALmiDFiNPQ/https%3A%2F%2Fmyfwc.com%2Fmedia%2F7246%2Fmanatee_stdcondin_waterwork.pdf http://secure-web.cisco.com/1dbC30cotxgDTKlrnMT6rxgUWbLI8xQ8XIY13zfd1F2z5beC1WKyWpQOOoBaTv3dxIAj-eRIJJ3wL7--V58KGl8Kxj68FHF3lLZ_g9wO4t-mG6ATk6WI-xdREX97VjHnc5yUX6UmtnnQ8BNEYvRCqAUK9Ppk6dMlhD7Oflx0GCYknpOD62S8EUYJrUJSCNQi6KFX0TOM6RTomuSESmPOkbQ0Y_c5wbxIdFyNMHJ95hR0cUZO_4sneB7cQdRWECUPOx0qMekwQ6aYU-oVS7YfEnRRL7-UwRP36a5d3sxled1Fn7d-hQ4RBavUOMj6JBGJBflR86w1KsgldY1moaViHGQ/http%3A%2F%2Fwww.myfwc.com%2Fwildlifehabitats%2Fmanaged%2Fmanatee%2Fwatch-program%2F

Permit No: 0443265-001-EI Page 7 of 17

SPECIFIC CONDITIONS - OTHER LISTED SPECIES

20. This permit does not authorize the permittee to cause any adverse impact to or “take” of state listed species and other regulated species of fish and wildlife. Compliance with state laws regulating the take of fish and wildlife is the responsibility of the owner or permittee associated with this project. Please refer to Chapter 68A-27 of the Florida Administrative Code for definitions of “take” and a list of fish and wildlife species. If listed species are observed onsite, Florida Fish and Wildlife Conservation Commission (FWC) staff are available to provide decision support information or assist in obtaining the appropriate FWC permits. Most marine endangered and threatened species are statutorily protected and a “take” permit cannot be issued. Requests for further information or review can be sent to ConservationPlanningServices@MyFWC.com.

21. The Permittee shall report any injured, sick, or dead federally or state listed animal(s) discovered onsite to the Florida Fish and Wildlife Conservation Commission Wildlife Alert number at 888-404-FWCC (3922).

22. If new information (e.g., listing of new species, new critical habitat, etc.) shows that the magnitude of impacts to federally listed species has the potential for adverse effects, the U.S. Fish and Wildlife Service (USFWS) will notify the Department. The Department will initiate coordination with the permittee and with the USFWS to determine what adverse impacts are likely and if additional minimization measures, reporting, or monitoring are required in order to be consistent with the Endangered Species Act, as deemed necessary by

USFWS.

SPECIFIC CONDITIONS - CONSTRUCTION COMPLETION

23. 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 temporary best management practices and turbidity control devices. All turbidity control devices shall be disposed of in an upland disposal area.

SPECIFIC CONDITIONS – OPERATION AND MAINTENANCE ACTIVITIES

24. A minimum five (5) foot gap shall be maintained between each oyster module.

25. As part of the monitoring reports outlined in Specific Condition 35 below, the applicant shall provide the status of each oyster module. Reports should include the condition and location of each and detail if any have shifted, been removed, damaged, replaced, etc.

Reports should be submitted following the schedule outlined below and after every major storm event.

26. If any movement/shifting of the oyster modules is observed outside of the reporting period, the Department shall be notified immediately.

27. If it is found that the oyster modules are moving/shifting, are not functional, or are not meeting the conditions for success described below, the Department may require the mailto:ConservationPlanningServices@MyFWC.com

Permit No: 0443265-001-EI Page 8 of 17 applicant to remove them.

SPECIFIC CONDITIONS – MONITORING/REPORTING REQUIREMENTS

28. The Permittee must adhere to the requirements set forth in the Water Quality and Sediment Monitoring Protocol (attached).

29. Projects shall be monitored at representative locations quarterly for up to one year pre-construction, for a minimum of one-year post-construction and after each major storm event for a minimum of (1) year following project completion, the first monitoring event occurring 30 days from project completion. Subsequent monitoring reports shall be submitted quarterly as part of the Water Quality and Sediment Monitoring Protocol (attached). Progress reports for the project shall be submitted to the Department beginning April 1, 2025, and shall continue to be submitted quarterly until construction of the permitted project. The reports shall be sent to the Department of Environmental Protection, Central District Office, Submerged Lands & Environmental Resources Program, Compliance/Enforcement Section, at DEP_CD@FloridaDEP.gov or 3319 Maguire Blvd, Suite 232, Orlando, FL 32803. Additionally, copies of all reports shall also be sent to Matthew Anderson, Aquatic Preserves Manager, Coastal and Aquatic Managed Areas, Indian River Lagoon Aquatic Preserves, 3300 Lewis Street, Ft. Pierce, FL 34981.

30. 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;

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

a. Time of day samples were 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 at the time the sample was taken

32. The permittee shall submit to the Department a quarterly monitoring report detailing the water quality parameters listed in the authorized Water Quality and Sediment Monitoring Protocol. These include the following: In-situ parameters include pH, dissolved oxygen (DO), water temperature, specific conductivity, and salinity, while laboratory parameters include total nitrogen (TN), nitrite-nitrate (NOX), Total Kjeldahl Nitrogen (TKN), total phosphorus (TP), ortho-P (SRP), and total suspended solids (TSS).

Permit No: 0443265-001-EI Page 9 of 17

33. If the quarterly monitoring report along with collected operational data documents (1) any consistent operational problems, (2) a decline in the water quality of the receiving water body, or (3) a decline in the species composition or abundance of the benthic community, then the permittee must inform the Department within two weeks of any documented problem that may be reasonably attributed to the sand cap. Corrective actions may be required which could result in the requirement to modify the permit or halt construction activities.

34. The Permittee must adhere to the requirements set forth in the Habitat Cap Monitoring Plan

(attached).

35. The permittee is authorized to complete a habitat cap of planting mangroves and installation of low profile oyster modules. Within 30 days after completing the Cocoa Beach Muck Cap- Habitat Cap Project, the permittee shall submit to the Department a baseline ("time zero") narrative report. The reports shall be sent to the Department of Environmental Protection, Central District Office, Submerged Lands & Environmental Resources Program, Compliance/Enforcement Section, at DEP_CD@FloridaDEP.gov or 3319 Maguire Blvd, Suite 232, Orlando, FL 32803. The reports shall contain photographs taken from established referenced locations to represent each of the entire sites. Subsequent monitoring reports shall be submitted quarterly for up to (5) five years as part of the Habitat Cap Monitoring Plan.

The cover page shall indicate the permit number, project name and the permittee name.

Along with the cover page, each report shall include the following information:

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

b) Brief description of extent of work (i.e., monitoring, maintenance) completed since the previous report or since the permit was issued including problems encountered and solutions undertaken. Show on copies of the permit drawings those areas where work has been completed.

c) Brief description and extent of work (i.e. monitoring, maintenance) anticipated in the next year.

d) The progress of the permitted oyster project including the following information where applicable.

i) Oyster population metrics including oyster density, shell length, and presence of multiple size classes. If the project is seeded with gardened oysters at deployment, survival and growth of gardened oysters can only be determined through oyster density and shell length distribution interpretation during the first six months or until any naturally recruited oyster cohorts increase in shell length to the minimum threshold of seeded gardened oysters.

ii) Numbers of observed reef associated species which may include competitors, predators, commensals and number of live oysters impacted by boring sponge.

iii) Presence/absence of oyster bridge formation, algal overgrowth, depth of sediment accretion on tops of units, integrity of units, and module stability (subsidence or lateral movement).

e) The progress of the permitted mangrove plantings project including the following information where applicable.

Permit No: 0443265-001-EI Page 10 of 17

i. Color photographic prints taken from the reference points established in the Time Zero Monitoring Report.

ii. Detailed description of statistical methods used which must include the following:

(a) Subsample method and map of sampling locations.

(b) Method used to determine percent cover and growth.

(c) Statistical analyses used.

iii. Tree species composition with estimates of the contribution to percent cover.

iv. Plan view depicting the locations of specimens replanted. (Indicate numbers of each species replanted).

v. Growth data for mangrove tree species. Data shall include measurements of height and mean annual growth rate to date.

vi. Photocopy of the field notes depicting the raw data collected.

f) Each report will also monitor physical oceanographic data, including date, time, water depth, air and water temperatures, and water salinity taken at each monitoring event.

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

GENERAL CONDITIONS FOR INDIVIDUAL PERMITS

The following general conditions are binding on all individual permits issued under this chapter, 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), (http://www.flrules.org/Gateway/reference.asp?No=Ref-02505), incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-02505

Permit No: 0443265-001-EI Page 11 of 17 herein, 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., and shall be submitted electronically or by mail to the Agency. However, for activities involving more than one acre of construction that also require a NPDES stormwater construction general permit, submittal of the Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities, DEP Form 62-621.300(4)(b), shall also serve as notice of commencement of construction under this chapter and, in such a case, submittal of Form 62-330.350(1) is not required.

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

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

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

a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as-built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.4 of Volume I) as filed with the Florida 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 and Maintenance 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.

Permit No: 0443265-001-EI Page 12 of 17

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

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 prehistoric or historic artifacts, such as pottery or ceramics, projectile points, stone tools, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the vicinity of the discovery. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance Review Section (DHR), at (850)245-6333, as well as the appropriate permitting agency office. Project activities 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 the proper authorities notified in accordance with section 872.05, F.S. For project activities subject to prior consultation with the DHR and as an alternative to the above requirements, the permittee may follow procedures for unanticipated discoveries as set forth within a cultural resources assessment survey determined complete and sufficient by DHR and included as a specific permit condition herein.

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.

Permit No: 0443265-001-EI Page 13 of 17

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.

19. In addition to those general conditions in subsection (1), above, the Agency shall impose any additional project-specific special conditions necessary to assure the permitted activities will not be harmful to the water resources, as set forth in rules 62-330.301 and 62-330.302, F.A.C., Volumes I and II, as applicable, and the rules incorporated by reference in this chapter.

SPECIAL CONSENT CONDITIONS

1. 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.

2. 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.

3. 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.

4. All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the authorization. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before the change becomes effective.

5. This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant that prohibits the activity.

Permit No: 0443265-001-EI Page 14 of 17

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.

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

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

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

11. 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

Permit No: 0443265-001-EI Page 15 of 17 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.

12. 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.

13. 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.

14. All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the authorization. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before the change becomes effective.

15. This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant that prohibits the activity.

NOTICE OF RIGHTS

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.

Permit No: 0443265-001-EI Page 16 of 17

Executed in Orange County, Florida. STATE OF FLORIDA DEPARTMENT

OF ENVIRONMENTAL PROTECTION

Reggie Phillips

Program Administrator Permitting and Waste Cleanup Program

Attachment(s):

1. Exhibit 1, Project Drawings and Design Specs., 22 pages

2. Exhibit 2, Cocoa Beach Golf Capping Project- Water Quality and Sediment Monitoring

Protocol (WQSMP), 30 pages

3. Exhibit 3, Cocoa Beach Golf Capping Project- Habitat Cap Monitoring Plan (HCMP), 25 pages

4. Standard Manatee Construction Conditions 2011, 2 pages

5. Construction Commencement Notice/Form 62-330.350(1)

6. As-built Certification and Request for Conversion to Operational Phase/ Form 62-

330.310(1)

7. Request for Transfer to the Perpetual Operation Entity/Form 62-330.310(2)

8. Request to Transfer Permit/Form 62-330.340(1)

9. Operation and Maintenance Inspection Certification/Form 62-330.311(1)

Copies furnished to:

DEP, Office of General Counsel Aaron Watkins, FDEP, Aaron.Watkins@floridadep.gov Reggie Phillips, FDEP, Reggie.Phillips@floridadep.gov Alexandra Davis, FDEP, Alexandra.K.Davis@FloridaDEP.gov Teayann Duclos, FDEP, Teayann.Duclos@FloridaDEP.gov Matthew Anderson, Banana River Aquatic Preserve, Matthew.R.Anderson@FloridaDEP.gov Irene Arpayoglou, Aquatic Preserve Manager, irene.arpayoglou@FloridaDEP.gov FDEP Hydrographic Review, DWRM_EHG_Review@dep.state.fl.us U.S. Army Corps of Engineers Jax, corpsjaxreg-nc@usace.army.mil FWC, Imperiled Species Management Section, ImperiledSpecies@MyFWC.com FFWCC, FWCConservationPlanningServices@myfwc.com DOS, CompliancePermits@dos.state.fl.us DEO, dcppermits@deo.myflorida.com Brevard County, LeeAnn.McCullough-Wham@Brevardfl.gov DOACS, Portia.Sapp@FreshFromFlorida.com Michelle Pasawicz, FWC, michelle.pasawicz@myfwc.com Devan Pritts, City of Cocoa Beach, devan.pritts@cityofcocoabeach.com Tamy Dabu, Consultant, tdabu@appliedecologyinc.com Jason Raimondi, Consultant, JRaimondi@geosyntec.com mailto:Aaron.Watkins@floridadep.gov mailto:Reggie.Phillips@floridadep.gov mailto:Alexandra.K.Davis@FloridaDEP.gov mailto:Teayann.Duclos@FloridaDEP.gov mailto:Matthew.R.Anderson@FloridaDEP.gov mailto:irene.arpayoglou@FloridaDEP.gov mailto:DWRM_EHG_Review@dep.state.fl.us mailto:ImperiledSpecies@MyFWC.com mailto:FWCConservationPlanningServices@myfwc.com mailto:CompliancePermits@dos.state.fl.us mailto:dcppermits@deo.myflorida.com mailto:LeeAnn.McCullough-Wham@Brevardfl.gov mailto:Portia.Sapp@FreshFromFlorida.com mailto:michelle.pasawicz@myfwc.com mailto:devan.pritts@cityofcocoabeach.com mailto:tdabu@appliedecologyinc.com mailto:JRaimondi@geosyntec.com

Permit No: 0443265-001-EI Page 17 of 17

Walker Dawson, Consultant, wdawson@appliedecologyinc.com

CERTIFICATE OF SERVICE

The undersigned hereby certifies that this permit and authorization to use sovereignty submerged lands, including all copies, were mailed before the close of business on January 28, 2025, to the above listed persons.

FILING AND ACKNOWLEDGMENT

FILED, on this date, under 120.52(7) of the Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged.

January 28, 2025 Clerk Date mailto:wdawson@appliedecologyinc.com

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COCOA BEACH GOLF MUCK CAPPING

BREVARD COUNTY, COCOA BEACH, FL1600 MINUTEMEN CAUSEWAY

COCOA BEACH, FL 32931

PROJECT NO: APRIL 2024FR7621A

6770 SOUTH WASHINGTON AVENUE, SUITE 3

TITUSVILLE, FLORIDA 32780 USA

PH: 321.269.5880

NOT FOR CONSTRUCTION

FOR PERMITTING PURPOSES ONLY

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©OpenStreetMap CONTRIBUTORS

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COCOA BEACH GOLF MUCK CAPPING

BREVARD COUNTY, COCOA BEACH, FL1600 MINUTEMEN CAUSEWAY

COCOA BEACH, FL 32931

PROJECT NO: APRIL 2024FR7621A

6770 SOUTH WASHINGTON AVENUE, SUITE 3

TITUSVILLE, FLORIDA 32780 USA

PH: 321.269.5880

NOT FOR CONSTRUCTION

FOR PERMITTING PURPOSES ONLY

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COCOA BEACH GOLF MUCK CAPPING

BREVARD COUNTY, COCOA BEACH, FL1600 MINUTEMEN CAUSEWAY

COCOA BEACH, FL 32931

PROJECT NO: APRIL 2024FR7621A

6770 SOUTH WASHINGTON AVENUE, SUITE 3

TITUSVILLE, FLORIDA 32780 USA

PH: 321.269.5880

NOT FOR CONSTRUCTION

FOR PERMITTING PURPOSES ONLY

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DEVELOPED BY CONNECTING CHANNEL

MARKE…