C-5_FDEP_Permit.pdf

Florida Department of Environmental Protection

Central District

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

Rick Scott Governor

Carlos Lopez-Cantera

Lt. Governor

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

For Bidding Purposes Only mailto:dpurk@cfl.rr.com mailto:dstites@taylorengineering.com

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

For Bidding Purposes Only

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

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.

Permit No: ERP 0368832-001 EI Page 9 of 17

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.

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_1110-2-5027.pdf

Permit No: ERP 0368832-001 EI Page 10 of 17

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 quadruplex ‒ “Construction Completion and Inspection Certification for Activities Associated With a Private Single-Family Dwelling Unit” [Form 62-330.310(3)]; or

b. For all other activities ‒ “As-Built Certification and Request for Conversion to Operational Phase” [Form 62-330.310(1)].

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 system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62- 330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase.

13. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit.

14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S.

15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise.

16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards.

17. This permit is issued based on the applicant’s submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts.

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18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property.

GENERAL CONDITIONS FOR SOVEREIGNTY SUBMERGED LANDS

AUTHORIZATION

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

1. Sovereignty submerged lands may be used only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use will constitute a violation. Violation of the authorization will result in suspension or revocation of the applicant’s use of the sovereignty submerged lands unless cured to the satisfaction of the Board of Trustees.

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

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

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

5. Construction, use, or operation of the structure or activity will not adversely affect any species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A- 27.004, and 68A-27.005, F.A.C.

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

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

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

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

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

Permit No: ERP 0368832-001 EI Page 14 of 17 assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization.

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

12. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty

(30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization.

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

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

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.

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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.

NOTICE OF RIGHTS

This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application.

Petition for Administrative Hearing A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-106.201, F.A.C., a petition for an administrative hearing must contain the following information:

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

(b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests are or will be affected by the agency determination;

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

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

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

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

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

The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.

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Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S. must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.

Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time.

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

Mediation Mediation is not available in this proceeding.

Judicial Review 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 Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, 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 of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department.

EXECUTION AND CLERKING:

Executed in Orlando, Florida.

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

Nathan Hess Permitting and Waste Cleanup Program Administrator Florida Department of Environmental Protection http://web2.westlaw.com/find/default.wl?ordoc=I0C7293C0912311DB8F8F8100D79B57CF&rp=%2ffind%2fdefault.wl&DB=1000006&DocName=FLSTS120%2E569&FindType=L&AP=&rs=WLW9.08&ifm=NotSet&fn=_top&sv=Split&mt=Florida&utid=4&vr=2.0&pbc=38B33E51

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CERTIFICATE OF SERVICE

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

Attachments:

Project Drawings As-built Certification and Request for Conversion to Operational Phase/ Form 62-330.310(1) Request for Transfer to the Perpetual Operation Entity/Form 62-330.310(2) Request to Transfer Permit/Form 62-330.340(1)

Copies furnished to:

Kimberly Eisele, FDEP, Kim.Eisele@dep.state.fl.us Brevard County Natural Resources, Walker Dawson, Walker.Dawson@brevardfl.gov Jenna Phillips, Taylor Engineering, jphillips@taylorengineering.com Kierstin Masse, Taylor Engineering, kmasse@taylorengineering.com Leo Anglero, FDEP, leo.anglero@dep.state.fl.us

FILING AND ACKNOWLEDGMENT

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

October 26, 2018 Clerk Date mailto:Kim.Eisele@dep.state.fl.us mailto:Walker.Dawson@brevardfl.gov mailto:jphillips@taylorengineering.com mailto:kmasse@taylorengineering.com mailto:leo.anglero@dep.state.fl.us

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CONSTRUCTION COMMENCEMENT NOTICE

Form 62-330.350(1) Construction Commencement Notice Incorporated by reference in subsection 62-330.350(1), F.A.C. (October 1, 2013) Page 1 of 1

Instructions: In accordance with Chapter 62-330.350(1)(d), F.A.C., complete and submit this form at least 48 hours prior to commencement of activity authorized by permit.

Permit No. Application No.

Project Name Phase

Construction of the system authorized by the above referenced Environmental Resource Permit and Application, is expected to commence on , 20 and will have an estimated completion date of , 20

PLEASE NOTE: If the actual construction commencement date is not known within 30 days of issuance of the permit, District staff should be so notified in writing. As soon as a construction commencement date is known, the permittee shall submit a completed construction commencement notice form.

Permittee’s or Authorized Agent’s Signature

Company

Print Name Title Date

E-mail

Phone Number

AS-BUILT CERTIFICATION AND REQUEST FOR

CONVERSION TO OPERATION PHASE

Form 62-330.310(1) – As-Built Certification & Request for Conversion to Operation Phase Incorporated by reference in paragraph 62-330.310(4)(a), F.A.C. (10-1-2013) Page 1 of 2

Instructions: Complete and submit this page within 30 days of completion of the permitted activities, as required by the permit conditions. Any components of the permitted activities that are not in substantial conformance with the permit must be corrected or a modification of the permit will be required in accordance with Rule 62- 330.315, Florida Administrative Code…