C-2_USACE_Permit.pdf

DEPARTMENT OF THE ARMY PERMIT

Permittee: Brevard County Natural Resources Management Dept.

Attn: Matt Culver 2725 Judge Fran Jamieson Way, Building A, Room 219 Viera, Florida 32940

Permit No: SAJ-2018-02904(SP-AWP)

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

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

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

Project Description: Dredge up to 812,650 cubic yards of organic rich fine-grained sediment (muck) from approximately 241-acres of the Indian River adjacent to the Eau Gallie River. Dredging would expose those underlying sediments more suitable for benthic resource recruitment. Final depths would vary from approximately -4-ft North American Vertical Datum of 1988 (NAVD 88) to a maximum of approximately -21-ft NAVD (in a few localized depressions within the project limits) depending on the thickness of the muck layers.

Dredging would be accomplished using a small- to medium-sized hydraulic dredge (12-to 18-inches). The muck sediments would be hydraulically dredged from a shallow draft dredge and pumped from the project via a 12- to 18-inch diameter pipeline, which would discharge into an existing, permitted, 15.2-acre DMMA known as BV-52, a self-contained upland containment facility owned and maintained by the Florida Inland Navigation District (FIND). The work described above is to be completed in accordance with the 7 attachments affixed at the end of this permit instrument.

Project Location: The project area is located within the Indian River immediate north and south of the Eau Gallie causeway, in Sections 15,16,21, and 22, Township 27 South, Range 37 East, Brevard County, Florida.

Directions to site: Heading south on I-95, exit onto State Road (SR) 404 / Eau Gallie Blvd. Proceed west to the Indian River. The project area is north and south of the Eau Gallie Causeway within the Indian River.

For Bidding Purposes Only

PERMIT NUMBER: SAJ-2018-02904

PERMITTEE: Brevard County Natural Resources Management Dept.

Dredge Material Management Area (DMMA) BV-52 is on the western shore of the Indian River Lagoon, south of the intersection of Robert J Conlan Boulevard Northeast and US Highway 1 City of Palm Bay, Florida.

Approximate Central Coordinates: Latitude: 28.13024 North Longitude: -80.61900 West

Permit Conditions

General Conditions:

1. The time limit for completing the work authorized ends on February 26, 2024.

If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.

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

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

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

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

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

Special Conditions:

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

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

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

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

3. Cultural Resources/Historic Properties:

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

NRHP.

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

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

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

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

5. Hydraulic Dredging: Hydraulic dredging will be the only method used for this project.

6. Endangered Species: National Marine Fisheries Service’s Jacksonville District’s Programmatic Biological Opinion (JAXBO) Project Design Criteria (PDC) Conditions: The Permittee shall comply with the following PDCs and special conditions to ensure that the project does not have an adverse impact on listed species protected under Section 7 of the Endangered Species Act.

a. Project Design Criteria (PDCs) for In-Water Activities: The Permittee shall comply with the National Marine Fisheries Service’s “PDCs for In-Water Activities” dated November 20, 2017, provided as attachment 3 of this permit.

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

c. Listed Species Observers: All construction personnel are responsible for observing water-related activities to detect the presence of listed species and avoid them.

7. Sea Turtle and Smalltooth Sawfish Conditions: The Permittee shall comply with National Marine Fisheries Service's “Sea Turtle and Smalltooth Sawfish Construction Conditions” dated March 23, 2006, (Attachment 4).

8. Manatee Conditions: The permittee shall comply with the “Standard Manatee Conditions for In-Water Work – 2011” designed to protect the endangered West Indian Manatee provided in Attachment 5 of this permit.

9. Manatee Observer: The Permittee agrees to provide a dedicated manatee observer when in-water dredging work is being performed. The observer shall be equipped with polarized sunglasses and will be in place and present during all in-water activities. The manatee observer will advise personnel of manatees within 100 feet and cease operation upon sighting a manatee within 50 feet of any in-water construction.

Movement of work barges shall be restricted to daylight hours when the possibility of spotting manatees is more likely. A collision with/or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission at

1-888-404-FWCC.

10. Eastern Indigo Snake Protection Measures: The Permittee shall comply with U.S.

Fish and Wildlife Service (USFWS) “Standard Protection Measures for the Eastern Indigo Snake” (dated August 12, 2013) during project site preparation and construction (Attachment 6).

11. Prior to the demobilization of dredging equipment the Permittee agrees to complete a post construction hydrographic survey of the federal channel from Area Limit Point 2/12 south to 15 and 18 south to 19; see Table 1 below for defined locations. If the post-hydrographic survey must confirm no material has migrated into the Federal channel federal channel as a result of dredging actions. If the post-hydographic survey confirms depths within the federal channel have lessened the Permittee agrees to remove the material prior to demobilization of the dredge contractor. The Permittee agrees to include the post-hydrographic survey with the As-built drawings defined in Special Condition 13.

Table 1 Point Easting Northing 2 778,322.35 1,393,475.16 12 778,439.92 1,383,517.70 15 780,357.56 1,378,966.08 18 781,240.74 1,377,118.47 19 781,872.76 1,375,796.28

12. Navigation Safety: The Permittee shall install lights on the dredge pipeline and associated structures and equipment to ensure navigation safety in this area (see 33 CFR 83.27(d)(iv)) and 33 CFR 88.15 - Lights on dredge pipelines). U.S. Coast Guard is the appropriate authority to determine compliance with the statutory requirements of 33 CFR 83.27(d)(iv)) and 33 CFR 88.15.

13. As-Builts: Within 60 days of completion of the authorized work or any specific phased improvement of the authorized work or at the expiration of the construction window of this permit, whichever occurs first, the Permittee shall submit as-built drawings of the authorized work and a completed As-Built Certification Form (Attachment 5) to the Corps. The drawings shall be signed and sealed by a registered professional engineer and include the following:

a. A plan view drawing of the location of the authorized work footprint (as shown on the permit drawings) with an overlay of the work as constructed in the same scale as the attached permit drawings (8 1/2-inch by 11-inch). The drawing should show all "earth disturbance," including wetland impacts, water management structures, and any on-site mitigation areas.

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

c. The Department of the Army Permit number.

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

Further Information:

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

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

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

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

2. Limits of this authorization.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(PERMITTEE) (DATE)

(PERMITTEE NAME-PRINTED)

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

(DISTRICT ENGINEER) (DATE)

Andrew D. Kelly, Jr.

Colonel, U.S. Army District Commander

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

(TRANSFEREE-SIGNATURE) (DATE)

(NAME-PRINTED)

(ADDRESS)

(CITY, STATE, AND ZIP CODE)

Attachments to Department of the Army Permit Number SAJ-2018-02904(SP-AWP)

1. PERMIT DRAWINGS: 18 pages, dated September 4, 2018

2. WATER QUALITY CERTIFICATION: Specific Conditions of the water quality permit/certification in accordance with General Condition number 5 on page 2 of this DA permit. 39 pages.

3. National Marine Fisheries Service’s Jacksonville District’s Programmatic Biological Opinion (JAXBO) Project Design Criteria (PDC) Conditions: 3 pages

4. SEA TURTLE – SAWFISH CONDITIONS: 1 page, Sea Turtle and Smalltooth Sawfish Construction Conditions, revised March 23, 2006

5. MANATEE CONDITIONS: 2 pages, Standard Manatee Conditions for In-Water Work – 2011

6. EASTERN INDIGO SNAKE CONDITIONS: 3 pages

7. AS-BUILT CERTIFICATION FORM: 2 pages

SAJ-2018-02904(SP-AWP)

February 21, 2019 Attachment 1 Drawings 18 pages

Florida Department of Environmental Protection

Central District 3319 Maguire Boulevard, Suite 232

Orlando, Florida 32803-3767

Rick Scott Governor

Carlos Lopez-Cantera Lt. Governor

Noah Valenstein Secretary

Permittee:

Brevard County c/o Matt Culver

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

Agent:

David Stites

Taylor Engineering, Inc.

10199 Southside Blvd., Ste 310

Jacksonville, FL 32256 dstites@taylorengineering.com

Brevard County – Indian River Lagoon Muck Removal adjacent to the Eau Gallie Causeway

Environmental Resource Permit

State-owned Submerged Lands Authorization –Granted

U.S. Army Corps of Engineers Authorization – Pending

Permit No.: ERP 0368832-001 EI

Permit Issuance Date: October 26, 2018 Permit Construction Phase Expiration Date: October 26, 2023

SAJ-2018-02904(SP-AWP)

February 21, 2019 Attachment 2

Permittee: Brevard County Permit Expiration: October 26, 2023 Permit No: ERP 0368832-001 EI Page 2 of 17

Consolidated Environmental Resource Permit and Sovereignty Submerged Lands Authorization

Permittee: Brevard County Permit No: ERP 0368832-001 EI

PROJECT LOCATION

The activities authorized by this Permit are located in four separate areas, two north of the Eau Gallie Causeway and two south of the causeway in Melbourne. The spoil will be pumped to the Florida Inland Navigational District (FIND) Dredge Material Management Area (DMMA) BV- 52 at 3600 Dixie Highway NE in Palm Bay, 32905 in Brevard County.

PROJECT DESCRIPTION

The Permittee is authorized to remove approximately 812,650 cubic yards of organic rich fine-grained sediment (muck) from about 241-acres of the Indian River Lagoon, Class II Waters, adjacent to the Eau Gallie River and Eau Gallie Causeway. Final depths will vary from approximately -4-ft North American Vertical Datum of 1988 (NAVD 88) to a maximum of approximately -21-ft NAVD 88 depending on the thickness of the muck layers. Dredging will be accomplished using a small- to medium-sized hydraulic dredge (12- to 18-inches). The muck sediments will be hydraulically dredged from a shallow draft dredge and pumped from the project via a 12- to 18-inch diameter pipeline, which will discharge into an existing, permitted, 15.2-acre Dredge Material Management Area (DMMA) known as BV-52, a self-contained upland containment facility owned and maintained by the Florida Inland Navigation District (FIND). The pipeline route to be used to transport the material to the FIND DMMA includes an in-water route that runs parallel to the intracoastal waterway at a minimum of 100-ft to the west of the channel from the dredge footprint within the Indian River south to the DMMA. The pipeline route is a maximum of approximately 6.8 miles. The final spoil disposal location shall be contained entirely in uplands.

Authorized activities are depicted on the attached exhibits.

AUTHORIZATIONS

Brevard County – Indian River Lagoon Muck Removal adjacent to the Eau Gallie Causeway

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 Boulevard, Suite 232

Orlando, Florida 32803-3767

Rick Scott Governor

Carlos Lopez-Cantera Lt. Governor

Noah Valenstein Secretary

Permit No: ERP 0368832-001 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. As staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) under Sections 253.002, F.S., the Department has determined that the activity qualifies for and requires a Letter of Consent, as long as the work performed is located within the boundaries as described and is consistent with the terms and conditions herein.

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

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

Coastal Zone Management Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Zone Management Act.

Water Quality Certification This permit also constitutes a water quality certification under Section 401 of the Clean Water Act, 33 U.S.C. 1341.

Other Authorizations You are advised that authorizations or permits for this activity may be required by other federal, state, regional, or local entities including but not limited to local governments or municipalities.

This permit does not relieve you from the requirements to obtain all other required permits or authorizations.

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

Permit No: ERP 0368832-001 EI Page 4 of 17

PERMIT/SOVEREIGNTY SUBMERGED LANDS CONDITIONS

The activities described must be conducted in accordance with:

The Specific Conditions The General Conditions The General Conditions for Sovereignty Submerged Lands Authorization The Special Consent Conditions The limits, conditions and locations of work shown in the attached drawings The term limits of this authorization

You are advised to read and understand these conditions and drawings prior to beginning the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings herein. If you are using a contractor, the contractor also should read and understand these conditions and drawings prior to beginning any activity. Failure to comply with these conditions, including any mitigation requirements, shall be grounds for the Department to revoke the permit and authorization and to take appropriate enforcement action.

Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit and sovereignty submerged lands authorization, as described.

SPECIFIC CONDITIONS – PRIOR TO CONSTRUCTION

1. Prior to the start of any dredging activities, the applicant will submit a baseline seagrass and water-depth monitoring report for the footprint of the dredge pipeline where it enters the DMMA to 300 feet below the Safe Upland Line or Mean Low Water. The report should include the area and ten feet on either side to account for secondary impacts and should contain the type, height, density, and percent coverage of the resources in the area.

2. The seagrass baseline study must be conducted during the seagrass growing season from April 1 through October 31st. The applicant may utilize the Tetra Tech “Turkey Creek Muck Removal Project 2018 Post-Construction Seagrass Survey” to prepare this information if the dredging is to begin outside of the seagrass growing season and is within one year of the date of the report.

SPECIFIC CONDITIONS – DREDGING ACTIVITIES

Turbidity & Water Quality:

3. Turbidity during construction must be controlled to prevent violations of water quality pursuant to Rule 62-302.530(69), Florida Administrative Code. Turbidity shall not exceed 29 Nephelometric Turbidity Units above natural background conditions.

4. A mixing zone for turbidity for the dredging activity is granted with the following size and configuration constraint(s): The mixing zone shall extend no further than the floating turbidity barrier, not to exceed 150 meters, from the cutterhead, return flow discharge, or other points of turbidity generation [Chapter 62-4.244(5)(c) F.A.C.].

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

www.dep.state.fl.us/labs/qa/sops.htm More specifically, the instruments used to measure

Permit No: ERP 0368832-001 EI Page 5 of 17 turbidity shall be fully calibrated within one month prior to commencement of the project, and at least once a month thereafter during the project. Calibration shall be verified each morning prior to use, and after each time the instrument is turned on, using a turbidity “standard” that is different from the one used during calibration. Calibration procedures shall be recorded in a permanent logbook, and copies must be submitted with the data.

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

7. A minimum of two sampling sites shall be established within the mixing zone as described in Specific Condition 4. The first site will be located at the mixing zone boundary (Compliance Sample (CS)); if required the second site will be located 50 meters downstream from the CS; and the third site shall be located 100 meters downstream from the CS. These sites shall be established on a transect extending down current from the turbidity source.

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

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

Samples shall be collected with a Kemmerer, Van Dorn or a similar sampler that is designed to collect in situ water samples. Samples shall be analyzed immediately after collection with a turbidimeter that produces results in Nephelometric measurements. The field sample results shall be accurately recorded to the precision capabilities (decimal place) of the instrument. Field turbidimeter results shall be rounded to the next whole number (ex. 15.23 NTUs shall be recorded; however the results shall be interpreted as

16.00 NTUs). If monitoring reveals turbidity levels greater than or equal to the turbidity limits contained in Specific Condition 3, the permittee shall cease all work pursuant to Specific Condition 11.

8. Turbidity monitoring reports shall be submitted to the Department each Monday following project commencement; reports shall include the permittee name and permit number.

When submitting this information to the Department, please include, at the top of each page or as a cover page to the submittal: “This information is being provided in partial fulfillment of the monitoring requirements in Permit No. 0368832-001.” Failure to submit reports in a timely manner constitutes a violation of the permit and may be grounds for revocation.

Permit No: ERP 0368832-001 EI Page 6 of 17

9. 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;

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

a. Time of day samples taken;

b. Depth of water body;

c. Depth of sample;

d. Tidal stage and direction of flow; and

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

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

11. If monitoring reveals turbidity levels greater than or equal to the turbidity limits contained in Specific Condition 3, the permittee shall take the following measures:

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

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

c. Increase monitoring frequency to every 2 hours until turbidity levels are within acceptable limits as specified in Specific Condition 1. Interim samples collected following the violation (s) shall be collected in the same manner and locations as the routine monitoring. Operations may not resume until the water quality standard for turbidity has returned to natural background conditions.

d. The violation(s) shall be immediately reported to the Department, Central District Office (407)897-4100. The report shall include the description of the corrective actions being taken or proposed to be taken. The report shall be made to the Department as soon as normal business hours resume if violation(s) are noted after normal business hours, on holidays, or on weekends. A copy of the monitoring data sheets, which indicate violation(s), shall be forwarded immediately to the Department at 3319 Maguire Blvd., Suite 232, Orlando, FL 32803.

Permit No: ERP 0368832-001 EI Page 7 of 17

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

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

13. Upon final completion of the project and upon reasonable assurance that the project is no longer a potential turbidity source, the permittee will be responsible for the removal of the turbidity barriers. The turbidity control devices shall be removed no later than one year from completion of the project. All turbidity control devices shall be disposed of in an upland disposal area.

14. The limits of construction shall be delineated by silt fencing or a floating turbidity barrier. The permittee shall bear the responsibility of notifying all construction workers that silt fencing or turbidity barrier represents the limits of all construction activities.

The permittee shall bear the responsibility of keeping all construction workers and equipment out of the adjacent wetlands and surface waters where work has not been permitted for impacts.

General Construction:

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

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

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

18. This permit does not authorize any “over-dredge” beyond the muck sediments into the natural substrate.

19. This authorization does not permit the use of any polymers or flocculants within the dredge area or within the DMMA. The use of a polymer or flocculant will require a modification to this permit.

20. At a minimum, the pipe route for the spoil material shall be inspected daily to ensure there are no leaks or damage along the pipeline route. If any leaks or damage is observed, Permit No: ERP 0368832-001 EI Page 8 of 17 dredging shall cease immediately and the Department must be notified with 24 hours.

Authorized activities cannot resume without Department approval, corrective measures have been taken, and turbidity levels have returned to acceptable levels.

21. This permit does not authorize impacts, either direct or secondary, to submerged aquatic vegetation, wetland vegetation, or mangroves. All work will comply with a minimum 10-foot setback from all seagrasses, mangroves and wetland vegetation.

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

23. Construction equipment shall not be repaired in wetlands or elsewhere within waters of the state. If refueling of equipment is required within wetlands and surface waters, the proper best management practices must be employed to ensure there will be no release of toxic or hazardous substances or fuel into wetlands and surface waters. Any fuel spills shall be reported immediately to the State Watch Office at 1-800-320-0519 as well as the local DEP office.

24. The permittee shall report any damage to wetlands and surface waters, not authorized in this permit, to the Department within 24 hours. If any damage occurs to wetlands or surface waters as a result of any construction activities, the permittee shall be required to restore the wetland area by regrading the damaged areas back to the natural reconstruction elevations and planting vegetation of the size, densities and species that exist in the adjacent areas pursuant to a consent order. The restoration shall be completed within 30 days of completion of the construction and shall be done to the satisfaction of the Department.

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

SPECIFIC CONDITIONS –MONITORING/REPORTING REQUIREMENT

26. Within 30 days of completion of the dredging if it concludes during the seagrass growing season, or within 30 days of the start of seagrass season if the dredging concludes outside of seagrass season, the applicant shall submit a monitoring report for seagrass area used for the baseline seagrass report in Specific Condition 1. The report should contain the type, height, density, a photo-point, and percent coverage of the resources in the area and note any impacts or seagrass loss in comparison to the baseline report. Seagrass season is April 1 through October 1.

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

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SPECIFIC CONDITIONS – DREDGE MATERIAL MANAGEMENT AREA (DMMA)

28. There shall be no mixing zone for any component of any discharge from the DMMA into the Indian River.

29. 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 (Internet Link to EM 1110-2-5027).

SPECIFIC CONDITIONS-MANATEES

30. An observer shall be present when dredging is being performed and shall be dedicated to the task of observation (perform no other duties that may interfere with their ability to observe for manatees). Observer(s) must have prior on-the-job experience observing manatees during previous dredging work where the activities were similar in nature to this project. Movement of a work barge or other associated vessels shall be minimized to the greatest extent possible at night.

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

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

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

a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.

b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake” at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.

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

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

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e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922.

Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at ImperiledSpecies@myFWC.com

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

GENERAL CONDITIONS FOR INDIVIDUAL PERMITS

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

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

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

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

4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), “Construction Commencement Notice,” [October 1, 2013], which is incorporated by reference in paragraph 62-330.350(1)(d), F.A.C., indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. If available, Permit No: ERP 0368832-001 EI Page 11 of 17 an Agency website that fulfills this notification requirement may be used in lieu of the form.

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

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

a. For an individual, private single-family residential dwelling unit, duplex, triplex, or Activities

Associated With a Private Single-Family Dwelling Unit” [Form 62-330.310(3)]; or

b. -Built Certification and Request for Conversion to

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

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

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

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

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

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

9. This permit does not:

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

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

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

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

10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the

Permit No: ERP 0368832-001 EI Page 12 of 17

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…