Exhibit_F_-_DEP_CCCL_Permit_VO-2485.FO_Secured.pdf

PDF 269 KB Posted

Attached to
Inlet Harbor ADA Parking Dune Walkover Beach Access
Solicitation number
26-B-30IF
Issued by
Volusia County, Florida

About this file

This is a Coastal Construction Control Line (CCCL) Permit issued by the Florida Department of Environmental Protection (DEP) to Volusia County for construction activities at 4801 South Atlantic Avenue in Ponce Inlet, Florida. The permit (VO-2485) authorizes the replacement of an existing public beach access structure with a new ADA-compliant wooden post-supported beach access ramp featuring a 180-degree switchback. The project scope includes approximately 1,791 square feet of timber boardwalk, beach access stairs, switchback sections with two 6-foot landings, an observation deck, approximately 194 linear feet of landward concrete sidewalk, and a landward ADA parking pad. The proposed ADA beach access is located a maximum of 274 feet seaward of the Coastal Construction Control Line, with stairs positioned a maximum of 268 feet seaward. The permit was issued with an expiration date of November 5, 2026. Prior to construction commencement, a mandatory preconstruction conference must be held with the Department representative (Melanie Cain, 386-895-1958) to establish project understanding and optimize the siting of access structures for maximum protection to dune topography and vegetation.

The permit imposes comprehensive special and general conditions to protect marine turtles and shorebirds throughout the construction phase. Critical restrictions include prohibition of construction, equipment operation, transportation, and storage on marine turtle nesting habitat (sandy beach) during the May 1 through October 31 nesting season, with all activities confined to daylight hours and no temporary or permanent lighting authorized. Walkover structures must maintain a minimum of three feet vertical clearance beneath them and five feet horizontal clearance where they meet the beach to prevent marine turtle entrapment, with blocking materials required where clearances cannot be met. The permittee must remove all debris and temporary disturbances following project completion and submit compliance reports including final certification within 30 days of completion. All construction must strictly adhere to approved plans and specifications, and any deviations require written Department approval. The permit also requires compliance with Florida Fish and Wildlife Conservation Commission guidelines for imperiled beach-nesting birds, including pre-project surveys for active nesting sites and maintenance of 300-foot buffers during the March 1 through September 1 breeding season on Florida's east coast.

View the file

Other files

File Type Posted
Inlet_Harbor_ADA_Parking_Dune_Walkover_Beach_Access_(Addendum_#3_Revision).pdf PDF
Exhibit_J_-_ECHO_sign_requirements.pdf PDF
Inlet_Harbor_ADA_Parking_Dune_Walkover_Beach_Access_(Addendum_#1_Revision).pdf PDF
Inlet_Harbor_ADA_Parking_Dune_Walkover_Beach_Access.pdf PDF
Exhibit_G_-_Bid_Price_Sheet_25-B-30IF.xlsx XLSX spreadsheet
Exhibit_E_-_Technical_Specifications.pdf PDF
Exhibit_F_-_DEP_CCCL_Permit_VO-2485.FO_Secured.pdf PDF
Exhibit_D_-_Construction_Plans.pdf PDF
Exhibit_H_-_Sales_Tax_Exemption_Procedure_26-B-30IF.pdf PDF
Exhibit_I,_FEDERAL_CONTRACT_PROVISIONS_(FEMA)_26-B-30IF.pdf PDF
Exhibit_D_-_Construction_Plans.pdf PDF
Exhibit_H_-_Sales_Tax_Exemption_Procedure_26-B-30IF.pdf PDF
Exhibit_G_-_Bid_Price_Sheet_25-B-30IF.xlsx XLSX spreadsheet
Exhibit_I,_FEDERAL_CONTRACT_PROVISIONS_(FEMA)_26-B-30IF.pdf PDF
Exhibit_C_-_Draft_Contract_26-B-30IF.pdf PDF
Exhibit_D_-_Construction_Plans.pdf PDF
Exhibit_E_-_Technical_Specifications.pdf PDF
Exhibit_C_-_Draft_Contract_26-B-30IF.pdf PDF
Exhibit_G_-_Bid_Price_Sheet_25-B-30IF.xlsx XLSX spreadsheet
Exhibit_E_-_Technical_Specifications.pdf PDF
Exhibit_H_-_Sales_Tax_Exemption_Procedure_26-B-30IF.pdf PDF
Exhibit_F_-_DEP_CCCL_Permit_VO-2485.FO_Secured.pdf PDF
Exhibit_I,_FEDERAL_CONTRACT_PROVISIONS_(FEMA)_26-B-30IF.pdf PDF
Exhibit_C_-_Draft_Contract_26-B-30IF.pdf PDF
Exhibit_B_-_PRIME-SUB_FORM_for_Contractors_-_26-B-30IF.xls XLS spreadsheet
Exhibit_A_-_Insurance_Requirements_26-B-30IF.pdf PDF
Exhibit_B_-_PRIME-SUB_FORM_for_Contractors_-_26-B-30IF.xls XLS spreadsheet
Exhibit_A_-_Insurance_Requirements_26-B-30IF.pdf PDF
Exhibit_A_-_Insurance_Requirements_26-B-30IF.pdf PDF
Exhibit_B_-_PRIME-SUB_FORM_for_Contractors_-_26-B-30IF.xls XLS spreadsheet
PRIME-SUB_FORM_for_Contractors_rev._01.15.2025_(lock_before_publishing)_(2).xls XLS spreadsheet
DEP_CCCL_Permit_VO-2485.FO_Secured.pdf PDF
Inlet_Harbor_100%_7.16.25.pdf PDF
Technical_Specifications.pdf PDF
Bid_Tabulation.xlsx XLSX spreadsheet
Bid_Tabulation.xlsx XLSX spreadsheet
DEP_CCCL_Permit_VO-2485.FO_Secured.pdf PDF
Inlet_Harbor_100%_7.16.25.pdf PDF
Bid_Tabulation.xlsx XLSX spreadsheet
DEP_CCCL_Permit_VO-2485.FO_Secured.pdf PDF
Inlet_Harbor_100%_7.16.25.pdf PDF
PRIME-SUB_FORM_for_Contractors_rev._01.15.2025_(lock_before_publishing)_(2).xls XLS spreadsheet
Technical_Specifications.pdf PDF
Technical_Specifications.pdf PDF
PRIME-SUB_FORM_for_Contractors_rev._01.15.2025_(lock_before_publishing)_(2).xls XLS spreadsheet
Show all 45

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

PERMIT NUMBER: VO-2485

PERMITTEE

County of Volusia c/o Vijay Sagiri Dredging & Marine Consultants, LLC 4643 Clyde Morris Boulevard, Unit 302 Port Orange, Florida 32129

NOTICE TO PROCEED AND PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES

PURSUANT TO SECTION 161.053, FLORIDA STATUTES

FINDINGS OF FACT: An application for authorization to conduct the activities seaward of the coastal construction control line that are indicated in the project description, was filed by the applicant/permittee named herein on July 23, 2025, and was determined to be complete pursuant to rule on October 14, 2025.

CONCLUSIONS OF LAW: After considering the merits of the proposal and any written objections from affected persons, the Department finds that upon compliance with the permit conditions, the activities indicated in the project description of this permit are of such a nature that they will result in no significant adverse impacts to the beach/dune areas or to adjacent properties; that the work is not expected to adversely impact nesting sea turtles, their hatchlings, or their habitat; and that the work is expendable in nature and/or is appropriately designed in accordance with Section 62B-33.005, Florida Administrative Code. Based on the foregoing considerations, the Department approves the application; and authorizes construction and/or activities at the location indicated below in strict accordance with the project description, the approved plans and the General Permit Conditions which are attached and are by this reference incorporated herein, and any additional conditions shown below, pursuant to Section 161.053(4), Florida Statutes.

EXPIRATION DATE: November 5, 2026

LOCATION: Between approximately 258 feet to 353 feet north of the Department of Environmental Protection's reference monument R-143 in Volusia County. Project address: 4801 South Atlantic Avenue, Ponce Inlet.

PROJECT DESCRIPTION:

The applicant/permittee is authorized to replace an existing public beach access structure with a new ADA-compliant wooden post-supported beach access ramp featuring a 180o switchback. The proposed improvements include an approximately 1,791 square foot timber boardwalk, beach access stairs, switchback, observation deck, approximately 194 linear feet of landward concrete sidewalk, and a landward ADA parking pad. The length of each of the proposed ADA beach access switchbacks is approximately 67 feet and with two 6’ landings. The proposed ADA beach access is located a maximum distance of 274’ seaward of the CCCL. The proposed stairs are located a maximum distance of 268’ seaward of the CCCL. The ADA beach access will have blocking materials installed where the distance between the bottom of the walkover and beach is less than 3’. The ADA beach access and stairs will be located approximately 12-20 feet seaward of the vegetation line.

STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Office of Resilience and Coastal Protection Coastal Construction Control Line Program 2600 Blair Stone Road - Mail Station 3522

Tallahassee, Florida 32399-2400

(850) 245-8570

PERMITTEE: County of Volusia

SPECIAL PERMIT CONDITIONS:

1. Prior to commencement of construction activity authorized by this permit, a preconstruction conference shall be held at the site among the contractor, the owner or authorized agent, and a staff representative of the Department to establish an understanding among the parties as to the items specified in the special and general conditions of the permit. The proposed locations of the structures shall be staked out for the conference. Contact Melanie Cain at 386-895-1958 or Melanie.Cain@FloridaDEP.gov to schedule a preconstruction conference.

2. The decks of the access extension shall be set to maintain a minimum elevation above the existing dune vegetation, and the width of the structure shall not exceed 6 feet. The piles for the walkover structures shall not be greater than 6-inch by 6-inch posts and shall not be encased in concrete. The access ramps shall extend at least up to the existing line of vegetation but not further than 10 feet seaward of the vegetation. The optimum siting of the access structures shall be determined by the staff representative of the Department during the preconstruction conference to provide maximum protection to the existing dune topography and vegetation located on the site and to avoid interference with public beach access and nesting sea turtles.

3. To reduce the risk of marine turtle entrapment, walkover structures shall have three (3) feet of vertical clearance beneath them and at least five (5) feet of horizontal clearance where they meet the beach. The vertical clearances include support bracing, as well as stairs. The horizontal clearances include between support pilings, and between stair blocking and pilings. Where these clearances cannot be met (such as under the stairs), blocking with appropriate materials shall be used to preclude marine turtles, including hatchling, access. Appropriate materials include solid boards, planks with no more than one inch spacing. The blocking material shall be buried a minimum of one foot into the sand and be properly secured to the bottom of the walkover and support posts. These clearances shall be maintained if the elevation of the beach rises or lowers after construction. If adjacent to a bulkhead, structures shall be constructed as close to the bulkhead as possible (less than a foot) to avoid entrapment between pilings and the bulkhead.

4. No construction, operation, transportation or storage of equipment or materials is authorized on marine turtle nesting habitat (sandy beach) during nesting season of May 1 through October 31.

5. All activity shall be confined to daylight hours. No temporary lighting of the construction area is authorized at any time during the marine turtle nesting season. No permanent lighting is authorized.

6. All activities shall avoid marked marine turtle nests including those that may be on the beach before or after the marine turtle nesting season. Any impacts to nests that may have inadvertently occurred or if a marine turtle nest is exposed, or a dead, injured, or sick marine turtle is discovered, the Permittee shall ensure that the Marine Turtle Permit Holder be notified immediately such that appropriate conservation measures can be taken. Within 24 hours of any such occurrence, the Permittee shall submit a report detailing the incident (e.g., date, time, permit number, location, photos, contact information, incident and response descriptions) to the FWC at MarineTurtle@MyFWC.com.

7. All debris (including rocks, sandbags, construction materials, etc.) shall be removed and disposed of in a location landward of the Coastal Construction Control Line. All temporary disturbances in the sand (including, but not limited to, ruts, depressions, mounds, etc.) resulting from work activities shall be filled in and raked smooth after project completion.

8. Permittee shall submit compliance reports as specified in Special and General Permit Conditions of this permit. General Permit Condition 1(r) pertain to a written report which must be submitted to the Department of Environmental Protection at specified times. The form for the report: 1(r) Final Certification (DEP Form 73-115B) is available at https://floridadep.gov/rcp/coastal-construction-control-line/content/coastal-construction-control-line-cccl-forms. The form may be submitted electronically.

GENERAL PERMIT CONDITIONS:

(1) The following general permit conditions shall apply, unless waived by the Department or modified by the permit:

(a) The permittee shall carry out the construction or activity for which the permit was granted in accordance with the plans and specifications that were approved by the Department as part of the permit. Deviations therefrom, without written approval from the Department, shall be grounds for suspension of the work and revocation of the permit pursuant to section 120.60(7), F.S., and shall result in assessment of civil fines or issuance of an order to alter or remove the unauthorized work, or both. No other construction or activities shall be conducted. No modifications to project size, location, or structural design are authorized without prior written approval from the Department. A copy of the notice to proceed shall be conspicuously displayed at the project site. Approved plans shall be made available for inspection by a Department representative.

(b) The permittee shall conduct the construction or activity authorized under the permit using extreme care to prevent any adverse impacts to the beach and dune system, marine turtles, their nests and habitat, or adjacent property and structures.

(c) The permittee shall allow any duly identified and authorized member of the Department to enter upon the premises associated with the project authorized by the permit for the purpose of ascertaining compliance with the terms of the permit and with the rules of the Department until all construction or activities authorized or required in the permit have been completed and all project performance reports, certifications, or other documents are received by the Department and determined to be consistent with the permit and approved plans.

(d) The permittee shall hold and save the State of Florida, the Department, and its officers and employees harmless from any damage, no matter how occasioned and no matter what the amount, to persons or property that might result from the construction or activity authorized under the permit and from any and all claims and judgments resulting from such damage.

(e) The permittee shall allow the Department to use all records, notes, monitoring data, and other information relating to construction or any activity under the permit, which are submitted, for any purpose necessary except where such use is otherwise specifically forbidden by law.

(f) Construction traffic shall not occur and building materials shall not be stored on vegetated areas seaward of the control line unless specifically authorized by the permit. If the Department determines that this requirement is not being met, positive control measures, such as temporary fencing, designated access roads, adjustment of construction sequence, or other requirements, shall be provided by the permittee at the direction of the Department. Temporary construction fencing shall not be sited within marine turtle nesting habitats.

(g) The permittee shall not disturb existing beach and dune topography and vegetation except as expressly authorized in the permit. Before the project is considered complete, any disturbed topography or vegetation shall be restored as prescribed in the permit with suitable fill material or revegetated with appropriate beach and dune vegetation. When required for mitigation, dune vegetation will be considered successfully established if within 180 days of planting, a minimum of 80 percent of the planting units survive, a minimum of 80 percent of the planted area is covered with native species and the vegetation is continuous without gaps along the shoreline.

(h) All fill material placed seaward of the CCCL shall meet the requirements of subsection 62B-33.005(7), F.A.C. All such fill material shall be free of construction debris, rocks, clay, or other foreign matter; and shall be obtained from a source landward of the CCCL.

(i) If surplus sand fill results from any approved excavation seaward of the control line, such material shall be distributed seaward of the control line on the site, as directed by the Department, unless otherwise specifically authorized by the permit. Sand fill placed seaward of the frontal dune, bluff or coastal armoring in marine turtle nesting habitat shall be configured such that it does not interfere with marine turtle nesting.

(j) Any native salt-tolerant vegetation destroyed during construction shall be replaced with plants of the same species or, by authorization of the Department, with other native salt-tolerant vegetation suitable for beach and dune stabilization. Unless otherwise specifically authorized by the Department, all plants installed in beach and coastal areas – whether to replace vegetation displaced, damaged, or destroyed during construction or otherwise – shall be of species indigenous to Florida beaches and dunes, such as sea oats, sea grape, saw palmetto, panic grass, saltmeadow hay cordgrass, seashore saltgrass, and railroad vine, and grown from stock indigenous to the region in which the project is located.

(k) All topographic restoration and revegetation work is subject to approval by the Department, and the status of restoration shall be reported as part of the final certification of the actual work performed.

(l) If not specifically authorized elsewhere in the permit, no operation, transportation, or storage of equipment or materials is authorized seaward of the dune crest or rigid coastal structure during the marine turtle nesting season. The marine turtle nesting season is May 1 through October 31 in all counties except Brevard, Indian River, St. Lucie, Martin, Palm Beach, and Broward counties where leatherback turtle nesting occurs during the period of March 1 through October 31.

(m) If not specifically authorized elsewhere in the permit, no temporary lighting of the construction area is authorized at any time during the marine turtle nesting season and no additional permanent exterior lighting is authorized.

(n) All non-opaque walls, balcony railings, deck railings, windows and doors visible from any point on the beach must be tinted to a transmittance value (light transmission from inside to outside) of 45 percent or less through the use of tinted glass or window film.

(o) The permit has been issued to a specified property owner and is not valid for any other person unless formally transferred. An applicant requesting transfer of the permit shall sign the permit transfer agreement form, agreeing to comply with all terms and conditions of the permit, and return it to the Department. The transfer request shall be provided on the form entitled “Permit Transfer Agreement” – DEP Form 73-103 (Revised 1/04), which is hereby adopted and incorporated by reference. No work shall proceed under the permit until the new owner has received a copy of the transfer agreement approved by the Department. A copy of the transfer agreement shall be displayed on the construction site along with the permit. An expired permit shall not be transferred. Copies of the “Permit Transfer Agreement” form are available at the following website:

https://floridadep.gov/rcp/coastal-construction-control-line/content/coastal-construction-control-line-cccl-forms.

(p) The permittee shall immediately inform the Department of any change of mailing address of the permittee and any authorized agent until all requirements of the permit are met.

(q) For permits involving habitable major structures, all construction on the permitted structure shall stop when the foundation pilings have been installed. At that time the foundation location form shall be submitted to and accepted by the Department prior to proceeding with further vertical construction above the foundation. The form shall be signed by a professional surveyor, licensed pursuant to chapter 472, F.S., and shall be based upon such surveys performed in accordance with chapter 472, F.S., as are necessary to determine the actual configuration and dimensioned relationship of the installed pilings to the control line. The information shall be provided to the Department using the form entitled “Foundation Location Certification” – DEP Form 73-114B (Revised 9/05), which is hereby adopted and incorporated by reference. Phasing of foundation certifications is acceptable. The Department shall notify the permittee of approval or rejection of the form within seven (7) working days after staff receipt of the form. All survey information upon which the form is based shall be made available to the Department upon request. Permits for repairs or additions to existing structures with nonconforming foundations are exempt from this condition.

(r) For permits involving major structures and exterior lighting on major structures, the permittee shall provide the Department with a report by a registered professional within 30 days following completion of the work. For permits involving armoring or other rigid coastal structures, the permittee shall provide the Department with a report by an engineer licensed in the State of Florida within 30 days following completion of the work. The report shall state that all locations specified by the permit have been verified and that other construction and activities authorized by the permit, including exterior lighting, have been performed in compliance with the plans and project description approved as a part of the permit and all conditions of the permit; or shall describe any deviations from the approved plans, project description, or permit conditions, and any work not performed. Such report shall not relieve the permittee of the provisions of paragraph 62B- 33.0155(1)(a), F.A.C. If none of the permitted work is performed, the permittee shall inform the Department in writing no later than 30 days following expiration of the permit. The report shall be provided on the form entitled “Final Certification” DEP Form 73-115B (Revised 9/05), which is hereby adopted and incorporated by reference. Copies of the “Final Certification” form are available at the following website:

https://floridadep.gov/rcp/coastal-construction-control-line/content/coastal-construction-control-line-cccl-forms.

(s) Authorization for construction of armoring or other rigid coastal structures is based on an engineering review and assessment of the design and anticipated performance and impact of the structure as a complete unit.

Construction of any less than the complete structure as approved by the Department is not authorized and shall result in the assessment of an administrative fine and the issuance of an order to remove the partially constructed structure. Modifications to the project size, location, or structural design shall be authorized by the Department in accordance with rule 62B-33.013, F.A.C.

(2) The permittee shall not commence any excavation, construction, or other physical activity on or encroaching on the sovereignty land of Florida seaward of the mean high water line or, if established, the erosion control line until the permittee has received from the Board of Trustees of the Internal Improvement Trust Fund the required lease, license, easement, or other form of consent authorizing the proposed use.

(3) The permittee shall obtain any applicable licenses or permits required by Federal, state, county, or municipal law.

(4) This permit does not authorize trespass onto other property.

(5) In the event of a conflict between a general permit condition and a special permit condition, the special permit condition shall prevail.

(6) Copies of any forms referenced above can be obtained by contacting the Department of Environmental

Protection, 2600 Blair Stone Road, MS 3522, Tallahassee, Florida 32399-2400, at https://floridadep.gov/rcp/coastal-construction-control-line/content/coastal-construction-control-line-cccl-forms. or by telephoning (850) 245-8570.

Approved plans are incorporated into this permit by reference.

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

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

(b) The name, address, 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, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.

Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 21days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. 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, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.

Mediation Mediation is not available in this proceeding.

Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and

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

EXECUTION AND CLERKING

Executed in Tallahassee, Florida.

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

David A. Kriger, Permit Manager Coastal Construction Control Line Program Office of Resilience and Coastal Protection

CERTIFICATE OF SERVICE

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

Vijay Sagiri, Dredging & Marine Consultants, LLC, vsagiri@dmces.com Jessica Fentress, County of Volusia, jfentress@volusia.org Melanie Cain, FDEP CCCL Field Inspector, Melanie.Cain@FloridaDEP.gov Hank Baker, Town of Ponce Inlet Building Department, hbaker@ponce-inlet.org Eric Seckinger, FWC Imperiled Species Management Section, eric.seckinger@myfwc.com Jennifer Winters, Volusia County Habitat Conservation Plan Manager, jwinters@volusia.org

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.

Clerk Date is hereby acknowledg

Clerk

11/05/2025

FWC Best Management Practices for Protected Shorebirds and Seabirds

The Florida Fish & Wildlife Conservation Commission (FWC) has the authority to protect shorebirds and seabirds in accordance with Article IV, Section 9 of the Florida Constitution, 372.021, Florida Statutes, and 68A-1.002, Florida Administrative Code. Shorebirds and seabirds listed as state-Threatened Species under 68A- 27.003(2)(a) F.A.C. (i.e. least tern, black skimmer, snowy plover, American oystercatcher) are protected from “take” (harm and harassment) as defined in 68A-27.001(4) F.A.C. Shorebirds and seabirds listed under the federal Migratory Bird Treaty Act are protected under 16 U.S.C. Sections 703-712 (adopted in state rule 68A- 16.001, F.A.C.).

Please utilize the Imperiled Beach-nesting Bird (IBNB) ShoreMapper Tool (https://gis.myfwc.com/ShoreMapper/) to determine if a Recent Breeding Site or Critical Brood-rearing Site is present near your project area. The FWC Regional Shorebird Contact can help determine if there are any Active Breeding Sites near your project.

CCCL permitted activities can result in harm and harassment of these species when activities occur during shorebird breeding season (Mar. 1 - Sept. 1 on Florida’s east coast; Feb. 15 - Sept. 1 on west coast). Harm and harassment can be avoided by providing at least a 300-ft. buffer between project activities and “active nests” as defined in FWC Species Conservation Measures and Permitting Guidelines for Imperiled Beach-nesting Birds (IBNB Guidelines, https://myfwc.com/wildlifehabitats/wildlife/species-guidelines/). If the recommended buffers cannot be maintained, harm or harassment is likely to occur, and authorization may be needed from the FWC prior to commencement of the activity.

If your CCCL permitted activity will result in harm to IBNBs via “Significant Habitat Modification” (as defined in Guidelines) within a Recent Breeding Site or Critical Brood-rearing Site, an incidental take permit is recommended prior to commencing the activity, regardless of when the activity occurs during the year.

Contact the Regional Shorebird Contact for your area to discuss ways to avoid take or for more information on FWC incidental take permits: https://myfwc.com/conservation/you-conserve/wildlife/shorebirds/contacts/.

Even if the project area is not within 300 feet of Recent Breeding Sites/Critical Brood-rearing Sites in ShoreMapper, new breeding activity could occur near your project. To avoid take, permittees should:

a. Arrange for a qualified monitor to conduct nesting surveys prior to project commencement and each day prior to project activities during shorebird breeding season (https://myfwc.com/conservation/you-conserve/wildlife/shorebirds/contacts/). You may choose to employ an IBNB Permitted Monitor to conduct surveys. For a list of permitted monitors, visit https://myfwc.com/license/wildlife/ibnb/ or for more information on IBNB Permitted Monitors visit https://myfwc.com/license/wildlife/ibnb/permitted-monitors/. Note that although most breeding activity is complete by the end of shorebird breeding season (Sept. 1), flightless chicks may be present beyond this date.

i. Surveys for detecting nesting activity should be completed prior to movement of equipment, operation of vehicles, or other activities that could potentially disrupt breeding behavior or cause harm to birds, eggs or young.

ii. The person conducting the CCCL permitted activity should not serve as the monitor while conducting the activity.

iii. Surveys should continue until the project is completed or the end of breeding season (whichever is first).

iv. If you observe a nest scrape, active nest, or shorebird young within 300 feet of project boundaries, stop work immediately and notify the appropriate FWC Regional Shorebird Contact within 24 hours. FWC authorization may be needed to avoid a wildlife violation of 68A-27 FAC.

b. Where breeding has been reported or observed, work with FWC staff to post the perimeter of buffer zones with clearly marked signs.

Mechanical Beach Cleaning

Beach Cleaning within 300 feet of an Active or Recent Breeding Site during breeding season, or within 300 feet of an Active Critical Brood Rearing site (Mar 15-Sep 1) is likely to cause take. FWC may authorize take without an FWC incidental take permit in some cases, provided the requirements below are followed. Contact your Regional Shorebird Contact for more information about authorizations and requirements below.

At least one individual (“shorebird monitor”) must complete the online training available on FWC’s eLearning website (available at https://myfwc.com/license/wildlife/ibnb/resources/#training).

Module 1: Qualifications, Species ID, Nesting Behavior and Habitats.

Module 2: Breeding Activity Checks, Monitoring and Reporting Requirements.

Module 3: Active Breeding Sites: Posting and Protection.

This monitor must carry their certificate of completion while conducting surveys.

Prior experience conducting at least 3 surveys that involve observations of Active Nests of

Imperiled Beach-nesting Birds (IBNBs) is recommended but not required.

Individuals conducting beach cleaning must carry an FWC written authorization for take when conducting activities within 300 feet of active nests.

Monitors and beach cleaners must review IBNB Minimization Measures Training for Vehicle Operation

(https://myfwc.com/license/wildlife/ibnb/resources/).

Prior to conducting mechanical beach cleaning, surveys for active nests and flightless chicks of IBNBs must be conducted on foot by the shorebird monitor using binoculars. In areas where flightless chicks are present, this monitor must be present during beach cleaning activities to prevent chicks from being killed or injured and must not be the person operating mechanical cleaning equipment.

Surveys conducted for mechanical beach cleaning should not be submitted to the Florida Shorebird Database.

Mechanical Beach Cleaner must notify the Regional Shorebird Contact within 24 hours if any new nests are found.

Active breeding must be posted with protective signage and according to the Guidelines for Posting Shorebird and Seabird Sites in Florida” (https://flshorebirdalliance.org/resources/instructions-resources/) prior to mechanical beach cleaning.

Mechanical Beach Cleaning within 300 feet of an active breeding site or within 300 feet of an Active Critical Brood Rearing site must occur in the early morning (i.e., within 2 hours of sunrise) or evening (i.e., within 1 hour of sunset) to minimize the exposure of eggs and chicks to heat and sun.

It is recommended that a minimum of thirty percent (30%) of the natural seaweed wrack be left on the beach at least through the breeding season (year-round, if possible) to provide foraging habitat for nesting, wintering, and migrating shorebirds.

Note: these BMPs are intended to help ensure CCCL permit holders are in compliance with regulations that protect imperiled shorebirds. Adherence to these BMPs is not subject to enforcement under Sections 161.052 or 161.053, Florida Statutes.

File details come from the government source that posted it. Updated .