FDEP_Permit.pdf

FLORIDA DEPARTMENT OF

Environmental Protection

Central District Office

3319 Maguire Blvd, Suite 232 Orlando Florida 32803

Ron DeSantis Governor

Alexis A. Lambert

Secretary

Permittee/Authorized Entity:

City of New Smyrna Beach Attn: Jesse Kobe, Capital Projects Director

210 Sams Avenue New Smyrna Beach, Florida 32168 jkobe@cityofnsb.com

City of New Smyrna Beach Police Boathouse Facility

Authorized Agent:

Dredging & Marine Consultants, LLC.

Attn: Vitaly Feygin 4643 Clyde Morris Blvd.

Port Orange, Florida 32129 6001 Vfeygin@dmces.com

Environmental Resource Permit State-owned Submerged Lands Authorization – Granted

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

Required

Volusia County Permit No.: ERP_0450700-004 EI

Permit Issuance Date: August 13, 2025 Permit Construction Phase Expiration Date:August 13, 2030 mailto:jkobe@cityofnsb.com mailto:Vfeygin@dmces.com

FLORIDA DEPARTMENT OF

Environmental Protection

Central District Office

3319 Maguire Blvd, Suite 232 Orlando Florida 32803

Ron DeSantis Governor

Alexis A. Lambert

Secretary

Consolidated Environmental Resource Permit and Sovereignty Submerged Lands Authorization

Permittee: City of New Smyrna Beach

Permit No: ERP_0450700-004 EI

PROJECT LOCATION

The activities authorized by this permit and sovereignty submerged lands authorization are located at 160 North Causeway, New Smyrna Beach, Florida 32169, parcel identification number:

741701040010, in Section 17, Township 17, Range 34, in Volusia County.

PROJECT DESCRIPTION

The permittee is authorized to construct a new 1,172 square-foot dock, including one (1) covered boat lift, within the Indian River North, a Class III Florida waterbody. The authorized activities will preempt approximately 1,048.75 square feet of state-owned sovereignty submerged lands and include the removal of one black mangrove (Avicennia germinans). To mitigate the unavoidable impacts resulting from these activities, the permittee will replant three (3) black mangroves (Avicennia germinans) in an area adjacent to the project site. All authorized activities are depicted in the attached exhibits.

AUTHORIZATIONS

City of New Smyrna Beach Police Boathouse Facility

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.).

Sovereignty Submerged Lands Authorization 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

Permittee: City of New Smyrna Beach Permit Expiration: August 13, 2030

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

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

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

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

Water Quality Certification 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 SOVEREIGNTY SUBMERGED LANDS CONDITIONS

The activities described must be conducted in accordance with:

• The Specific Conditions

• The General Conditions

• The Special Consent Conditions

• The General Conditions for Sovereignty Submerged Lands Authorization

• The limits, conditions and locations of work shown in the attached drawings

• The term limits of this authorization

You are advised to read and understand these conditions and drawings prior to beginning the authorized activities, and to ensure the work is conducted in conformance with all the terms, https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/ 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

SPECIFIC CONDITIONS - PRIOR TO ANY CONSTRUCTION

1. Best management practices for erosion control 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 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.

2. Storage or stockpiling of tools and materials (i.e., lumber, pilings, debris, etc.) within wetlands along the shoreline, within the littoral zone, or elsewhere within wetlands or other surface waters is prohibited.

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

4. Construction equipment shall not be repaired or refueled in wetlands, surface waters, or elsewhere within waters of the State.

5. The permittee shall report any damage to the Department within 24 hours that occurs to wetlands or submerged aquatic vegetation areas as a result of construction. If any damage occurs to wetlands, submerged aquatic vegetation, or surface waters as a result of any construction activities, the permittee shall be required to restore the damaged areas back to the natural preconstruction elevations and plant vegetation of the size, densities, and species that existing 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.

SPECIFIC CONDITIONS – OPERATION AND MAINTENANCE ACTIVITIES

6. Water depth at the mooring area shall be sufficient to prevent bottom scouring by boat propellers.

7. No overboard discharges of trash, human or animal waste, or fuel shall occur at the dock.

8. The project shall comply with applicable State Water Quality Standards, namely:

a. Surface Waters, Minimum Criteria, General Criteria – Rule 62-302.500, F.A.C.

b. Class III Waters – Fish Consumption; Recreation – Rule 62-302.400, F.A.C.

SPECIFIC CONDITIONS – MANGROVES

9. The permittee is authorized to remove one black mangrove (Avicennia germinans). To mitigate the unavoidable impacts resulting from this activity, the permittee shall replant three (3) black mangroves (Avicennia germinans) in an area adjacent to the project site.

10. Replanting shall be in an area not planned for any projects to avoid alteration and unnecessary trimming, and that applicant shall provide a map showing the location for the proposed planting.

11. Replanting should result in 80% survival, and if that is not met, then additional plantings will be required.

SPECIFIC CONDITIONS – MANATEE

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

13. The Permittee shall install permanent handrails to prevent boat mooring along the sections of the dock not permitted for mooring. A sign, acknowledging no mooring, shall be installed no later than 60 days after construction commencement and maintained for the life of the facility. Signs shall be replaced by the Permittee in accordance with FWC guidance if outdated, damaged, or faded.

14. For all pile-driving activity related to this project:

a. At least one dedicated observer shall be present during pile driving activities and shall perform no other duties that may interfere with their ability to observe for protected marine species. Observer(s) must have prior on-the-job experience observing manatees during in-water work where the activities where similar in nature to this project, and meet the criteria outlined in the Observer Guidelines for Protected Species Monitoring Programs in Florida State Waters manual. Observer(s) shall have the authority to cease project operations 1) upon sighting a manatee within 50 feet of the pile driving or vessel activity; and 2) if detection of manatees is not possible due to weather or other conditions.

b. All pile driving activities shall be limited to daylight hours to maximize visibility for protected species observers. Monitoring shall occur for 30 minutes prior to, during, and for 30 minutes after pile driving ends.

c. During pile driving, the project shall utilize a ramp-up measure. At the start of pile driving activity, pile driving hammers shall initially be operated at low levels, then gradually increase to minimum necessary power required for pile installation.

d. If the activities appear to harass or injure a protected marine species, then work shall cease immediately and not resume until after consultation with the Florida Fish and Wildlife Conservation Commission ImperiledSpecies@MyFWC.com or 850-922- 4330). Any additional conservation measures deemed necessary by FWC must be implemented to minimize the risks to protected species.

e. If pile driving will include impact hammer installation of metal piles or sheet piles, additional consultation with the U.S. Fish and Wildlife Service may be needed to https://myfwc.com/media/7246/manatee_stdcondin_waterwork.pdf https://myfwc.com/media/a14gnftv/observerguidelines.pdf https://myfwc.com/media/a14gnftv/observerguidelines.pdf mailto:ImperiledSpecies@MyFWC.com address the potential for noise-related incidental take of manatees under the Endangered Species Act and Marine Mammal Protection Act.

SPECIFIC CONDITIONS - OTHER LISTED SPECIES

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

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

USFWS.

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

SPECIFIC CONDITIONS – DIVISION OF HISTORICAL RESOURCES

18. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the vicinity of the discovery. The applicant shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section at (850)-245-6333. Project activities shall not resume without verbal and/or written authorization. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, Florida Statutes.

SPECIFIC CONDITIONS - CONSTRUCTION COMPLETION

19. 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 mailto:ConservationPlanningServices@MyFWC.com completion of the project. All turbidity control devices shall be disposed of in an upland disposal area.

GENERAL CONDITIONS FOR INDIVIDUAL PERMITS

The following general conditions are binding on all individual permits issued under this chapter, except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate project-specific conditions.

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

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

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

4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), “Construction Commencement Notice,” (October 1, 2013), (http://www.flrules.org/Gateway/reference.asp?No=Ref-02505), incorporated by reference herein, indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C., and shall be submitted electronically or by mail to the Agency. However, for activities involving more than one acre of construction that also require a NPDES stormwater construction general permit, submittal of the Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities, DEP Form 62-621.300(4)(b), shall also serve as notice of commencement of construction under this chapter and, in such a case, submittal of Form 62-330.350(1) is not required.

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

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

http://www.flrules.org/Gateway/reference.asp?No=Ref-02505

a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex ‒ “Construction Completion and Inspection Certification for Activities Associated with a Private Single-Family Dwelling Unit” [Form 62-330.310(3)]; or

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

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

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

a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as-built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.4 of Volume I) as filed with the Florida Department of State, Division of Corporations, and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located.

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

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

9. This permit does not:

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

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

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

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

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

Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed.

11. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit.

12. The permittee shall notify the Agency in writing:

a. Immediately if any previously submitted information is discovered to be inaccurate; and

b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase.

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

14. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, stone tools, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the vicinity of the discovery. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance Review Section (DHR), at (850)245-6333, as well as the appropriate permitting agency office. Project activities shall not resume without verbal or written authorization from the Division of Historical Resources.

If unmarked human remains are encountered, all work shall stop immediately and the proper authorities notified in accordance with section 872.05, F.S. For project activities subject to prior consultation with the DHR and as an alternative to the above requirements, the permittee may follow procedures for unanticipated discoveries as set forth within a cultural resources assessment survey determined complete and sufficient by DHR and included as a specific permit condition herein.

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

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

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

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

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

SPECIAL CONSENT CONDITIONS

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

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

3. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty (30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization.

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

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

13. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty (30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization.

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

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

NOTICE OF RIGHTS

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, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative;

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

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

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

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

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

(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 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. You cannot justifiably rely on the finality of this decision unless notice of this decision and the right of substantially affected persons to challenge this decision has been duly published or otherwise provided to all persons substantially affected by the decision. While you are not required to publish notice of this action, you may elect to do so pursuant Rule 62-110.106(10)(a).

The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you do not publish notice of this action, this waiver will not apply to persons who have not received written notice of this action.

Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.

Mediation Mediation is not available in this proceeding.

FLAWAC Review The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department.

Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of the Department.

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

Executed in Orange County, Florida STATE OF FLORIDA DEPARTMENT

OF ENVIRONMENTAL PROTECTION

Reggie Phillips

Program Administrator Permitting and Waste Cleanup Program

Attachments:

Exhibit 1, Project Drawings and Design Specs., 16 pages Standard Manatee Construction Conditions 2011 Construction Commencement Notice/Form 62-330.350(1) 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) Operation and Maintenance Inspection Certification/Form 62-330.311(1)

Copies furnished to:

Kevin Cowper, City of New Smyrna Beach, kcowper@cityofnsb.com Oliva Thomas, City of New Smyrna Beach, othomas@cityofnsb.com Vitaly Feygin, Dredging & Marine Consultants, LLC, vfeygin@dmces.com Vijay Sagiri, Dredging & Marine Consultants, LLC, vsagiri@dmces.com Volusia County, enviropermit@volusia.org US ACOE JAX, corpsjaxreg-nc@usace.army.mil FWC/Main Email, ConservationPlanningServices@myfwc.com FWC/Imperiled Species, imperiledspecies@myfwc.com DOS, CompliancePermits@dos.fl.gov FDEP: Jason Seyfert, Imirio Perez

CERTIFICATE OF SERVICE

The undersigned hereby certifies that this permit and authorization to use sovereignty submerged lands, including all copies, were mailed before the close of business on August 13, 2025 to the above listed persons.

mailto:kcowper@cityofnsb.com mailto:othomas@cityofnsb.com mailto:vfeygin@dmces.com mailto:vsagiri@dmces.com mailto:enviropermit@volusia.org mailto:corpsjaxreg-nc@usace.army.mil mailto:ConservationPlanningServices@myfwc.com mailto:imperiledspecies@myfwc.com mailto:CompliancePermits@dos.fl.gov

FILING AND ACKNOWLEDGMENT

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

August 13, 2025 Clerk Date

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FLORIDA

Port Orange, FL 32129 Unit 302 4643 S. Clyde Morris BlvdDredging & Marine Consultants

ENGINEERS SCIENTISTS

Phone:(386) 304-6505 Fax:(386) 304-6506 www.dmces.com

CURTIS N. TODD, P.E.

FLORIDA LICENSE No. 37136

ENGINEER CERTIFICATION:

I HEREBY CERTIFY THAT I AM A REGISTERED PROFESSIONAL ENGINEER IN THE

STATE OF FLORIDA PRACTICING WITH DMC, DREDGING & MARINE

CONSULTANTS LLC, A CORPORATION, AUTHORIZED TO OPERATE AS AN

ENGINEERING BUSINESS, CERTIFICATE OF AUTHORIZATION # 9410, BY THE

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL

REGULATION, AND THAT I, OR OTHERS UNDER MY DIRECT SUPERVISION, HAVE

PREPARED OR APPROVED THE EVALUATIONS, FINDINGS, OPINIONS,

CALCULATIONS, CONCLUSIONS OR TECHNICAL ADVICE HEREBY REPRESENTED

BY THESE DRAWINGS.

NOTE TO CONTRACTOR:

THESE DRAWINGS AND THE PROJECT SPECIFICATIONS ARE COMPLEMENTARY,

AND ANY REQUIREMENT OF ONE SHALL BE A REQUIREMENT OF THE OTHER. IT

IS THE CONTRACTOR'S RESPONSIBILITY TO EXAMINE THE DRAWINGS AND

SPECIFICATIONS AND TO COMPARE THE REQUIREMENTS OF EACH DIVISION

AND ENSURE THAT EACH TRADE OR SUBCONTRACTOR IS MAKING THE

ALLOWANCES NECESSARY TO PROVIDE THE OWNER A COMPLETE FACILITY,

OPERATIONAL IN ALL RESPECTS, UNLESS OTHERWISE SPECIFICALLY STATED

IN THE DRAWINGS OR PROJECT MANUAL.

IT IS ALSO THE CONTRACTOR'S RESPONSIBILITY TO NOTIFY THE ENGINEER OF

RECORD (EOR) ANY DEFICIENCIES OR DISCREPANCIES AMONG THE DIVISIONS

OF THE DRAWING AND SPECIFICATIONS PRIOR TO THE DEADLINE FOR BID

SUBMITTAL. NEITHER THE OWNER OR ENGINEER WILL BE RESPONSIBLE FOR

ANY DEFICIENCIES OR DISCREPANCIES RAISED AFTER THE BID OPENING.

ACCORDINGLY, IN LIGHT OF THESE OBLIGATIONS, THE ENGINEER IS

OBLIGATED TO INTERPRET THE DRAWINGS SPECIFICATIONS IN A MANNER

THAT WILL PROVIDE THE OWNER WITH A COMPLETE, FUNCTIONING FACILITY

FOR THE BID PRICE.

REPRODUCTION SCALE:

THESE PLANS SHALL BE PRINTED IN COLOR AND

ARE SCALED TO ACCURATELY BE REPRODUCED ON

11X17 SIZED SHEETS. ALL OTHER SHEET SIZES ARE

NOT TO SCALE.

PROJECT LOCATION MAP

SECTION 17, TOWNSHIP 17 SOUTH, RANGE 34 EAST

CITY OF NEW SMYRNA BEACH

POLICE BOATHOUSE

JUNE 30, 2025

CONSTRUCTION DRAWINGS

VOLUSIA

COUNTY

INDEX & LOCATION MAP

EXISTING CONDITIONS

AERIAL

SITE PLAN

DOCK PLAN

ROOF FRAMING PLAN

DOCK DETAILS

GENERAL NOTES

GENERAL NOTES

GENERAL NOTES

ENVIRONMENTAL NOTES

SURVEY

SURVEY

SURVEY

SURVEY

SURVEY

PROJECT AREA

INDIAN RIVER

NORTH

NORTH CAUSEWAY

SOUTH CAUSEWAY /

STATE ROAD 44

170 NORTH CAUSEWAY, NEW SMYRNA BEACH, FL 32169

US

FRED CLEVELAND MAYOR

VALLI PERRINE ZONE 1

LISA MARTIN ZONE 2

JASON MCGUIRK ZONE 3

BRIAN ASHLEY ZONE 4

CVR

C-01 C-02 C-03 C-04 C-05 C-06 C-07 C-08 C-09 C-10

INDEX

SHEET DESCRIPTION

CITY COMMISSION

NEW SMYRNA BEACH

CONTACT: JESSE KOBE, CAPITAL PROJECTS DIRECTOR

210 SAMS AVE. NEW SMYRNA BEACH, FL 32168

PHONE: (386) 410-2613

OWNER

File Name: NSB Police Boathouse File No.: ERP_0450700-004 EI FDEP Page 1 of 16

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VOLUSIA COUNTY PROPERTY APPRAISER

APPROXIMATE SITE LOCATION, FACING WEST DMC, 05-22-2025

PROPERTY MAP

EXISTING CONDITIONS, FACING SOUTH DMC, 05-22-2025

BLACK MANGROVE

TO BE REMOVED

PROPOSED

LOCATION

PROPOSED

LOCATION

File Name: NSB Police Boathouse File No.: ERP_0450700-004 EI FDEP Page 2 of 16

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AERIAL

1" = 80'

AE

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MEAN HIGH WATER LINE

EL.=(+)0.60' NAVD88

(960± LF SHORELINE)

LABINS, 2021

PROPOSED DOCK

(1,048.75 SF WATERWARD OF

MHWL)

EXISTING DOCK

(1,836 SF WATERWARD OF MHWL)

NORTH CAUSEWAY

Feet 0 80 160

160 NORTH CAUSEWAY,

NEW SMYRNA BEACH, FL 32169

PARCEL ID: 741701040010

OWNER: CITY OF NEW SMYRNA BEACH

RIPARIAN LINE

RIPARIAN LINE

MEAN LOW WATER LINE

EL.=(-)1.68' NAVD88

27'± SETBACK

File Name: NSB Police Boathouse File No.: ERP_0450700-004 EI FDEP Page 3 of 16

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SITE PLAN

1" = 20'

PROPOSED TIMBER

ACCESSORY DOCK

PROPOSED COVERED POLICE

BOAT DOCK WITH BOAT LIFT

MEAN LOW WATER LINE

EL.=(-)1.68' NAVD88

MEAN HIGH WATER LINE

EL.=(+)0.60' NAVD88

(1) EXISTING BLACK

MANGROVE TO BE

REMOVED

Feet 0 20 40

PROPOSED TEMPORARY

SILT FENCE

PROPOSED TEMPORARY

TYPE II FLOATING

TURBIDITY BARRIER

TOP OF BANK

(3) PROPOSED BLACK

MANGROVES TO BE

PLANTED

CONCRETE

GRADE BEAM

5'-0"

20'-919 32"

33'-0"

75'-3"

PROPOSED

SECURITY GATE

File Name: NSB Police Boathouse File No.: ERP_0450700-004 EI FDEP Page 4 of 16

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PROPOSED TEMPORARY

TYPE II FLOATING

TURBIDITY BARRIER

APPROXIMATE

TOP OF BANK

(3) PROPOSED BLACK

MANGROVES TO BE

PLANTED

CONCRETE

GRADE BEAM

20'-919 32"

PROPOSED

SECURITY GATE

MEAN LOW WATER LINE

EL.=(-)1.68' NAVD88

MEAN HIGH WATER LINE

EL.=(+)0.60' NAVD88

-7 -6-5-4-3-2

-2

-101

(1) EXISTING BLACK

MANGROVE TO BE

REMOVED

5'-0"

75'-3" 33'-0"

Feet 0 10 20

HOSE BIB

SECURITY CAMERA

SECURITY CAMERA

& (2) FLOOD LIGHTS

ELECTRICAL CONDUIT

AND WATER LINE

-8

(4) PROPOSED

DOCK LIGHTS

20'-0"

NOTES:

· PROPOSED ELECTRICAL CONDUIT AND

WATER LINE SHOWN FOR BIDDING

PURPOSES. LOCATION MAY VARY.

24'-9"

BOATHOUSE 35' X 22.75' = 796.25 SQFT

ACCESS PIER 75.25' X 5' = 376.25 SQFT

TOTAL = 1,172.50 SQFT

SQFT LANDWARD OF MHW 123.75

SQFT WATERWARD OF MHW 1,048.75

File Name: NSB Police Boathouse File No.: ERP_0450700-004 EI FDEP Page 5 of 16

DMC-CAD

Rectangle

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PROPOSED ROOF

STRUCTURE

12" OVERHANG

3" X 10" PERIMETER HEADER,

S.Y.P. No.2 GRADE (TYP.)

PROPOSED DOCK

2'-0" C.C. (TYP.)

2" X 6" RAFTERS, S.Y.P. No.2

GRADE, SPACED AT 2'-0" C.C.

2" X 10" RIDGE BEAM,

S.Y.P. No.2 GRADE

13'-6" C.C.

12" SQ. PRE-STRESSED CONCRETE

ROOF PILE, FDOT MARINE GRADE (TYP.)

PROPOSED

ACCESSORY DOCK

35'-0" OUT TO OUT ROOF

'-9

" O U

T

TO

O U

T R

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10'-0" C.C. 10'-0" C.C.

'-3

" C .C

File Name: NSB Police Boathouse File No.: ERP_0450700-004 EI FDEP Page 6 of 16

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ELEVATION A-A

1" = 5'

ELEVATION B-B

1" = 5'

4'-1" C.C. 10'-10" C.C. 4'-1" C.C.

19'-0" C.C.

PROPOSED ROOF

ROOF

HEIGHT

T.B.D.

12" SQ.

PRE-STRESSED

CONCRETE

DOCK PILE, FDOT

MARINE GRADE,

LENGTH = T.B.D.

12" SQ.

PRE-STRESSED

CONCRETE BOAT

LIFT PILE, FDOT

MARINE GRADE,

LENGTH = T.B.D.

MEAN HIGH WATER LINE EL.=(+)0.60

MEAN LOW WATER LINE EL.=(-)1.68

4'-6"

PROPOSED ROOF

12" SQ. PRE-STRESSED

CONCRETE DOCK PILE, FDOT

MARINE GRADE, LENGTH = T.B.D.

MEAN HIGH WATER LINE EL.=(+)0.60

MEAN LOW WATER LINE EL.=(-)1.68

ACCESSORY DOCK

CROSS-SECTION C-C

1" = 2'

4'-413 16"

2" X 8" DECKING,

S.Y.P. No.1 GRADE

3" X 14" STRINGERS,

S.Y.P. No.2 GRADE w/

(3) S.S. DECK SCREWS

EA. STRINGER / DECK

CONNECTION

3" X 8" CAP

BOARDS,

S.Y.P. No.2

S.S.

THREADED

RODS,

NUTS, &

WASHERS

S.S.