FDEP_RAI.pdf

www.floridadep.gov

FLORIDA DEPARTMENT OF

Environmental Protection

Bob Martinez Center

2600 Blair Stone Road Tallahassee, FL 32399-2400

Ron DeSantis Governor

Jay Collins

Lt. Governor

Alexis A. Lambert Secretary

REQUEST FOR ADDITIONAL INFORMATION

May 4, 2026

Sarasota County Attn: Matthew Osterhoudt 1001 Sarasota Center Blvd Sarasota, FL 34240 mosterho@scgov.net

Re: First Request for Additional Information (RAI) Sarasota County – Beaches, Inlets and Ports

Site Name: Casey Key Shoreline Resiliency Site ID: 0469593 DEP Application No.: 0469593-001-JC

Dear Mr. Osterhoudt:

Thank you for your application for a Joint Coastal Permit submitted on March 5, 2026 for the above referenced site. A review of your application and supporting documentation indicates the application is incomplete. Please provide the information in the attached document and refer to this RAI in your response. Additionally, the Department recommends a meeting be scheduled after you have had the opportunity to review the requests for information in detail. The response to this RAI must be signed, sealed, and dated by a registered Florida Professional Engineer, Land Surveyor, or Geologist.

To continue the processing of your application, the Department must receive a response within 180 days of this letter, October 31st, 2026, unless a written request for additional time to provide the requested information is submitted and approved. It is the Department’s desire to provide prompt turnaround times on permit applications, and a quicker response to this RAI shortens the timeframe for which a final decision on the application can be made. Pursuant to Chapter 62-330, F.A.C and 62B- 49.005(4), F.A.C., and Section 120.60, F.S. failure of an applicant to provide timely requested information by the applicant deadline may result in denial of the application. You are encouraged to contact this office to discuss the items requested to assist you in developing a complete and adequate response.

Your processor, Diana Butsch can be contacted at 850-245-8069, Diana.Butsch@FloridaDEP.gov.

Please submit your response by email to BIPP@FloridaDEP.gov , with a copy to Diana.Butsch@FloridaDEP.gov. For very large submittals, upload to BIPP’s secure FTP site at https://tinyurl.com/4z4rjytn (Password: Beaches). After posting the submittal, send an e-mail to BIPP@FloridaDEP.gov, with a copy to Diana.Butsch@FloridaDEP.gov, alerting us that it has been posted.

mailto:mosterho@scgov.net mailto:Diana.Butsch@FloridaDEP.gov mailto:BIPP@FloridaDEP.gov%20 mailto:Diana.Butsch@FloridaDEP.gov https://dep-file-portal.dep.state.fl.us/public/folder/wu9hxgw5x0ypplhz3z2tsg/Incoming https://tinyurl.com/4z4rjytn mailto:BIPP@FloridaDEP.gov mailto:Diana.Butsch@FloridaDEP.gov

Request for Additional Information (RAI) Site Name: Casey Key Shoreline Resiliency

Sincerely, Diana Butsch Environmental Specialist II Florida Department of Environmental Protection Office of Resilience and Coastal Protection Beaches, Inlets and Ports Program cc:

Greg Garis, RCP Sean Green, RCP Ivana KennyCarmola, RCP Shamim Murshid, RCP Kristen Becker, RCP Sarah Bodin, RCP Maria Gudnitz, RCP Ryan Byrne, FWC

Monica McKenzie, FWC marineturtle@myfwc.com Conservationplanningservices@myfwc.com ImperiledSpecies@myfwc.com JCPCompliance@FloridaDEP.gov BIPP@FloridaDEP.gov bmes@dep.state.fl.us

Attached:

1. List of Requested Information

2. Professional Sketch Requirements mailto:marineturtle@myfwc.com mailto:Conservationplanningservices@myfwc.com mailto:ImperiledSpecies@myfwc.com mailto:JCPCompliance@FloridaDEP.gov%20 mailto:BIPP@FloridaDEP.gov%20 mailto:bmes@dep.state.fl.us

FLORIDA DEPARTMENT OF

Environmental Protection

Bob Martinez Center

2600 Blair Stone Road Tallahassee, FL 32399-2400

Ron DeSantis Governor

Jay Collins

Lt. Governor

Alexis A. Lambert Secretary

Attachment: List of Requested Information

Site Name: Casey Key Shoreline Resiliency Site ID: 0469593

1. Application Item 5: Describe in general terms the proposed activity including any phased activities.

i. Please provide additional information on the fill template (including lengths, dune crest and berm widths, slopes, and corresponding elevations in North American Vertical Datum (NAVD) down to toe of fill);

ii. Please provide additional information on the construction methodology of the proposed groins and breakwaters, and fill placement. Will temporary fill be placed or will all work take place from the water for the construction of the breakwaters and seaward end of the groins?

iii. Please provide the approximate volume to be filled to be placed during a single event and number of events expected. Please provide additional details on how sand will be placed in relation to the proposed groins

iv. Please provide additional information on the construction methodology for the proposed

“marine mattresses”. Is any excavation proposed?

v. Please provide detailed design specifications for the proposed erosion control structures

(offshore breakwaters, groins, and groins with reef balls), including the plan view and appropriate cross-sections with necessary dimensions and labels. The design specifications should include but not limited to the size, dimensions, material type of aggregate used within them as well as bedding stone information.

vi. Please provide detailed information on the specifications of Goliath reef ball structure including its dimension, opening size, material and anchoring process into the substrate.

vii. Please clarify if dune planting is proposed.

viii. Pursuant to 62B-41.008(1)(f), F.A.C., please provide an updated general description of the proposed activity. The updated summary should include information on the acreage of direct and secondary impacts for each impacted community type as well as the acreage of mitigation for each type of community (see RAI Items No. 9i. and 12i for survey information). Additionally, please update the general description to include any other changes to the project based on questions posed or issues raised in this RAI (e.g., design modifications and alternative construction practices that would eliminate or reduce impacts to hardbottom resources).

This information is required pursuant to 62B-41.008(1)(c) F.A.C. Your application will remain incomplete pending receipt of this information.

2. Application Item 9: Has an Erosion Control Line (ECL) been established pursuant to Sections

161.141 – 161.211, FS?

i. An ECL has not been established along the designated critically eroded portions of the beach.

An ECL will need to be established for the aforementioned areas, wherever the plans indicate that the MHWL will be advanced seaward. This is not a completeness item, but proof of execution of the ECL will be required prior to construction. For additional information please contact William (Guy) Weeks at William.Weeks@FloridaDEP.gov .

This information is required pursuant to Sections 161.141 - 161.211, F.S.

3. Application Item 11: A list of the names and addresses of owners of all riparian property within 1,000 feet (and within a 500 feet radius) of the proposed sovereignty submerged lands easement or lease site from the latest county tax roll. If the property is under cooperative or condominium ownership, the name and mailing address of the cooperative or condominium association will be adequate. This would not apply to off-shore leases or easements that area not located within 1,000 feet of the shoreline

i. Please provide a list of the names and addresses of owners of all riparian property within 1000 ft (and within a 500 ft radius) of all proposed sovereignty submerged lands easements (groins and breakwaters).

This information is required pursuant to 253.115 F.S. and 18-21.008 F.A.C. Your application will remain incomplete pending receipt of this information.

4. Application Item 12: A legal property description and acreage of any sovereign submerged land that would be encompassed by the requested lease or easement, plus a survey prepared, signed and sealed by a person properly licensed by the Florida State Board of Land Surveyors.

i. Please provide a legal property description and acreage of any sovereign submerged land that would be encompassed by the requested easement (groins and breakwaters), plus a survey prepared, signed and seals by a person properly licensed by the Florida State Board of Land Surveyors. Please see the attached Professional Sketch of Requirements for additional details

This information is required pursuant to 253.115 F.S. and 18-21.008 F.A.C. Your application will remain incomplete pending receipt of this information.

5. Application Item 14: Complete sets of permit drawings, certified by an engineer duly registered mailto:William.Weeks@FloridaDEP.gov pursuant to Chapter 471, F.S. These drawings shall be submitted utilizing aerial photography backgrounds. Each drawing shall include an accurate scale or dimensions, and all information shown on the drawing shall be clearly legible. The plans shall clearly distinguish between existing and proposed structures and grades, and shall include the following:

i. Please provide updated drawings to include the slopes, mean high water line, easement boundaries and surveys.

ii. Permit drawings submitted as part of the application are based on outdated biological surveys conducted in 2021 and do not provide information on the current boundaries of natural communities in all areas potentially under the influence of the project. Pursuant to 62B- 41.008(1)(a) F.A.C., 62B-41.008(1)(c) F.A.C., and Section 10.1.1 of the ERP Applicant’s Handbook Volume I, please provide updated survey drawings that depict the current location (boundaries) of hardbottom resources updrift, adjacent to, and downdrift of the proposed beach fill template. Updated survey drawings for the areas specified shall be based on surveys conducted within the past six months which include sonar survey data (side scan or multibeam) where the edges of hardbottom features identified in the sonar survey have been verified in-situ by qualified scientific divers using survey grade differential GPS.

The survey area for the proposed beach fill template shall extend 350 m offshore of the current beach, 1,000 m updrift of the project boundary, and 3,000 m downdrift of the project boundary.

The updated survey drawings shall be submitted in a Geographical Information System format (.shp, .dwg, .dxf., or other GIS compatible format) using layers for specific information. In addition to information on the current location of hardbottom resources, shapefiles for the proposed ETOF and the proposed offshore edge of the turbidity mixing zone shall also be submitted to the Department (in accordance with 62B-41.008(1)(c) F.A.C.).

iii. Please provide updated engineering drawings to include but not limited to the following:

a) The location of all staging areas, stock piling areas, and access corridors;

b) The dimensions of all proposed stockpile locations

c) Updated cross-sections with clear labels showing the proposed berm widths, berm slopes, and the mean high- and low-water lines (MHW and MLW).

d) The distance between the toe of fill and the proposed breakwaters.

e) The distance between each reef ball

f) The crest width, slope, and perimeter of the seaward ends of the six (6) groins with reef balls.

g) Sheet XS-1 of the submitted plan set shows hexagonal openings on each reef ball. Please provide the diameter of these openings. (also see RAI question 1vi)

h) Please identify the boundaries of significant geographical features (e.g., channels, shoals) and natural communities (e.g., submerged grass beds, hardbottom or mangroves) and special aquatic or terrestrial sites (parks, sanctuaries, refuges, OFW, aquatic preserves, etc.) within the area of influence of the activity.

This information is required pursuant to 62B-41.008(1)(c), 62B-41.005(3)(c), F.A.C. Your application will remain incomplete pending receipt of this information.

6. Application Item 15: A proposed construction schedule

i. The application states that construction is anticipated between November 1st and April 30th.

Please provide an anticipated construction timeline, if known.

ii. Please also provide additional details on anticipated project phasing.

7. Application Item 16: Permit applications for excavation or fill activities shall include the following detailed information concerning the material to be excavated and the existing material at the beach fill site:

Geotechnical information characterizing the proposed fill material was not provided. Please provide a list of proposed upland sand source(s) and geotechnical information characterizing the proposed material(s) as described below. Additionally, geotechnical information characterizing the existing beach material was not provided. Please provide geotechnical information characterizing the existing beach material as described below.

i. Please provide particle size and color analysis for the material to be dredged/ excavated from the requested upland sand source(s).

ii. Please provide carbonate analysis for the material to be dredged/ excavated from the requested upland sand source(s).

iii. Please provide particle size, color, and carbonate content analysis of the existing beach material. Additionally, please provide the frequency and cumulative frequency plots of each sample. If composite statistics are calculated, please provide the spreadsheet used to do so, as well as a cumulative frequency curve of the composite.

iv. A sediment QA/QC plan was not provided as part of this permit application. Please provide a sediment QA/QC plan, as required in the JCP Application Form.

This information is required pursuant to 62B-49.005(1) & (2) and 62B-41.008, F.A.C. Your

8. Application Item 17: Analysis of the compatibility of the fill material with respect to the native sediment at the placement site. The analysis should include all relevant computations, the overfill ratios, and superimposed graphs of the cumulative grain-size distribution and the frequency distribution of the fill material over the data for the existing or native sediment at the placement site.

Provide computations of borrow area volume and composite fill material characteristics (mean grain size and sorting, percent carbonate content) in an electronic spreadsheet.

i. Please provide a compatibility analysis of the material from the proposed upland sand source(s) with the material in the beach placement area.

This information is required pursuant to 62B-49.005(1) & (2) and 62B-41.008, F.A.C. Your

9. Application Item 18: Using an established natural community classification system, describe each natural community within the area of influence of the proposed activity. This includes wetlands, mangroves, seagrasses, hardbottom or any other coastal resource, within a minimum of 1,000 feet in both shore parallel directions of the project boundary. Include an aerial map of these communities outlined, as well as:

a. Acreage.

b. Identification of the flora and fauna to the lowest taxon practicable.

c. Characterization of dominant and important flora and fauna and estimates of percent biotic cover.

i. Information on hardbottom resources submitted as part of the application is based on outdated surveys from 2021 and does not provide information on the status of natural communities in all areas potentially under the influence of the project. Information on the current status of resources within areas potentially under the influence of the proposed project is needed for the Department to assess the monitoring program, evaluate project-related impacts to resources, and to use the Uniform Mitigation Assessment Method (UMAM), in accordance with 62-345 F.A.C., to calculate the amount of mitigation that will be required to offset project-related impacts.

Pursuant to 373.414(1)(a) F.S., Section 10.1.1 of the ERP Applicant’s Handbook Volume I, and 62B-41.008(1)(c) F.A.C., please provide information (complete description) on the current status of natural resources (hardbottom habitat and associated communities) within areas potentially under the influence of the proposed project (i.e., the area out to 350 m offshore of the current beach, 1,000 m updrift of the of the fill template, and 3,000 m downdrift of the fill template.

Information on the current status of hardbottom resources shall be based on recent in-situ reconnaissance surveys of the specified areas conducted by scientific divers with prior experience assessing hardbottom communities for beach nourishment projects. Information on the distribution and abundance of hardbottom collected during recent sonar surveys should be used to aid and plan the reconnaissance survey effort (see RAI Item No. 5ii). In addition to all raw data collected in the field, findings from the in-situ reconnaissance survey shall be provided to the Department in a Habitat Characterization Report, which shall include information needed by the Department to conduct UMAM analysis, according to 62-345.300(1) F.A.C.

Please see Section B2 of the Department’s Standard Operation Procedures For Nearshore Hardbottom Monitoring of Beach Nourishment Projects, which provides recommended procedures for the reconnaissance survey and identifies information needed to conduct UMAM analysis.

This information is required pursuant to 373.414(1)(a) F.S., Section 10.1.1 of the ERP Applicant’s Handbook Volume I, and 62-345, to 62-345.300(1), and 62B-41.008(1)(c) F.A.C.

Your application will remain incomplete pending receipt of this information.

10. Application Item 20: Discuss any proposed methods to reduce potential impacts to threatened and endangered species, including lighting ordinances (outline procedures), avoidance (e.g., working outside of season), and minimization measures.

i. Emergent structures at the seaward edge of, or within the beach profile can negatively impact marine turtles by contributing to false crawls, entrapping adult females and hatchlings, and preventing hatchlings from directly entering the ocean, which may result in the lethal take of adult and hatchling marine turtles. Please provide additional information on how the groins and breakwaters have been sited and designed to minimize impacts to marine turtles and their habitat.

ii. Please clarify if any hard structure will be buried. Please note, FWC staff do not recommend the placement of sand over coastal armoring structures.

iii. Please provide an updated Incidental Take and Biological Opinions from both the U.S. Fish & Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS). The incidental take authorization should assess take due to beach construction, the proposed stockpile of sand on the beach, as well as potential impacts to any Federally listed species including, but not limited to, marine turtles. These authorizations will be needed prior to final agency action by the state. If this project is to be conducted under the statewide programmatic biological opinion, please provide a letter of confirmation from the USFWS.

This information is not required to determine completeness of your application.

This information is required pursuant to 62-330.301(1)(d) F.A.C., 379.2431(1) F.S., 62B- 41.008(1)(c) F.A.C. Your application will remain incomplete pending receipt of this information.

11. Application Item 21: Provide an analysis of the expected effect of the proposed activity on the coastal system including but not limited to

i. Analysis of the expected physical effect of the proposed activity on the existing coastal conditions and natural shore and inlet processes. The analysis should include a quantitative description of the existing coastal system, the performance objectives of the proposed activity, the design parameters and assumptions, relevant computations, validation of the results and the data used in the analysis.

The information specified in Rule 62B-41.008, F.A.C.

Reasonable assurances that a regulated activity will not cause unacceptable impacts pursuant to Rule 62-330, F.A.C., and defined in Rule 62B-41.002, F.A.C

Numerical modeling was conducted using NLINE, CMS and XBeach for design development and alternative analysis. However, numerical simulations were mostly used as a comparative tool to evaluate various alternatives against each other and illustrate the benefits of one over the other, rather than attempting to exactly predict future shoreline change. This is acceptable for the selection of best alternatives, but additional simulations are required for the proposed design alternative to provide reasonable assurance that proposed activities will not adversely impact the coastal systems and resources.

a. Please provide the list of selected parameters for each model that were used in design development and alternative analysis.

b. Explain the process of baseline model setup. In case it was reciprocated from prior successful model runs completed from other similar projects, please provide additional information about those projects to explain the relevancy to the proposed Casey Key Resiliency Project.

c. The long-term evaluation consists of a full year of simulated morphology. This does not provide future shoreline change at the end of the nourishment cycle, which is 5 years according to the permit application. Please conduct numerical simulations for the entire nourishment cycle for the proposed design alternative to provide reasonable assurance regarding the efficacy of the proposed project. It is important to achieve reasonable assurance that the fill materials will remain within the design template, and the proposed structures will not cause any adverse impact to adjacent shorelines.

d. Please conduct detailed analysis of equilibrium toe of fill for the proposed design alternative. This is crucial in determining impacts on the hardbottom habitat due to proposed construction activities.

e. Please provide detailed analysis of sediment pathways and current distribution within the project domain in response to the proposed design alternative.

ii. The data collected from the Casey Key Shoreline Resiliency Phase II Design Development Report that was prepared in May 2022 included data from 2021. Please provide an updated survey of the topographic and bathymetric survey data since the latest data was prior to Hurricanes Ian (2022), Debby (2024), Helene (2024), and Milton (2024) impacting the area. Since storm events have altered the shoreline the previous survey data from 2021 is no longer adequate to complete analysis.

iii. A contingency plan is required to mitigate adverse impacts that may be caused by the proposed structures. Please propose a contingency plan for mitigation of adverse impacts defined by volumetric and elevation contour changes of the beach within the monitoring area, such as a specific volumetric loss of sand and lowered elevation of the beach profile that renders the dune and upland property vulnerable to tides and waves.

Specify the mitigation actions to be taken should these defined changes occur, such as adjustment of the structures and/or placement of sand obtained from an inland source to offset the impacts. The contingency plan shall be supported by the physical monitoring plan requested in Application Item #23, and by other observations of project performance proposed by the Applicant.

iv. Please conduct stability analysis of the proposed structures to provide reasonable assurance of the structural integrity of the breakwaters and groins during high-energy events such as hurricanes. In the analysis, please be specific about the design wave conditions and hydrodynamic loadings that are representative of the project location

This information is required pursuant to 62-330, 62B-41.002, 62B-41.008, and 62B-41.008(1)(c) F.A.C. Your application will remain incomplete pending receipt of this information.

12. Application Item 22: Identify any areas within any proposed mixing zone(s) that contain significant submerged resources, such as hardbottom, seagrasses or mangroves. Explain why the size of the proposed mixing zone is the minimum necessary to meet water quality standards and provide justification for that size. If the project is in or adjacent to an OFW and an antidegradation variance is proposed, please provide the proposed NTU variability above background, as well as the justification (measurements of natural background variability measured within a tidal cycle).

Describe the location and details of the erosion, sediment and turbidity control measures to be implemented during each phase of construction and all other measures used to minimize adverse effects to water quality. If a mixing zone variance is proposed, please provide a narrative description and graphic representation of the mixing zone.

i. The response to this application item states that the 2021 CSA Ocean Sciences Inc. (CSA) hardbottom reconnaissance survey provides details regarding the proposed mixing zone(s).

However, upon the Department’s review of both the application and referenced appendix, no proposed mixing zone was identified, nor was any justification provided demonstrating that a mixing zone is necessary to meet water quality standards or to avoid adverse impacts to natural resources.

According to 62-4.244(5)(d)2 F.A.C., mixing zones shall be kept to the minimum size necessary to meet the turbidity standard. According to 18-21.004(2)(i) F.A.C., activities on sovereignty lands shall be designed to minimize or eliminate adverse impacts on fish and wildlife habitat, and other natural resources. This includes a reduction in the size of the turbidity mixing zone to the greatest extent practicable to reduce impacts to resources from project-induced turbidity and sedimentation. Pursuant to 373.414(1) F.S., please indicate and justify the minimum alongshore mixing zone dimension necessary to meet the turbidity standard.

According to 62-4.244(5)(d)3 F.A.C., mixing zones shall not encompass hardbottom communities outside of authorized impact sites unless those areas are also evaluated as impact sites. Pursuant to 373.414(1) F.S., please identify and calculate the acreage of hardbottom within the proposed mixing zone. Hardbottom identification and acreage calculation shall be based on a recent survey of hardbottom within the project area (see RAI Item No. 9i). Please be advised that, pursuant to 62-4.244(1)(c)3 F.A.C., 62B-41.005(16) F.A.C., 161.041(4) F.S., pre- and immediate post-construction sedimentation monitoring of natural resources within the mixing zone will be required for each construction (nourishment) event to document impacts to hardbottom resources so that they may be offset by mitigation.

This information is required pursuant to 18-21.004(2)(i), 62-4.244(5)(d)2 and 62-4.244(1)(c)3 F.A.C., 62B-41.005(16) F.A.C., 373.414(1) and 161.041(4) F.S. Your application will remain incomplete pending receipt of this information.

13. Application Item 24: Provide proposed biological monitoring plans that will provide reasonable assurance that the predicted level of direct and secondary impact to adjacent biological resources, such as hardbottom and / or seagrasses was correct. Additionally, if impacts to natural resources are anticipated, a narrative description of any proposed biological mitigation plans, pursuant to Rule 62- 345, F.A.C., including purpose, a comparison between the functions of the impact site to the mitigation site, maintenance, monitoring, estimated cost, construction sequence and techniques. For proposed artificial reefs, indicate the water depth, depth of sand overlying bedrock, and proposed relief and materials (type, size and shape).

i. Monitoring of natural resources within areas under the influence of the project is necessary to provide the Department with reasonable assurance that any unpermitted direct or secondary impacts will be documented and offset by mitigation if they occur. Pursuant to Subsection

10.2.7 of the ERP Applicant’s Handbook Volume I and 373.414, F.S., please provide a revised Biological Monitoring Plan that details monitoring protocols designed to document potential project impacts to natural resources. To provide the Department with reasonable assurance, all proposed monitoring must meet the Department’s current standards for biological monitoring. Please see the Department’s Standard Operation Procedures for Nearshore Hardbottom Monitoring of Beach Nourishment Projects, which provides recommended methods for nearshore hardbottom monitoring. Please be advised that, since resources within the ETOF will have been offset by mitigation (according to 373.414(1)(b) and pursuant to Section 10.3 of the ERP Applicant’s Handbook Volume I), the Department will not require, will not cost share for, and will not assess biological monitoring data collected within the ETOF.

Impacts to natural resources are anticipated based on review of the application (e.g., see RAI Items No. 5ii, 9i, and 12i). According to 18-21.004(2)(b), F.A.C., activities which would result in adverse impacts to natural resources shall not be approved unless there is no reasonable alternative (see RAI Item No. 14ii) and adequate mitigation is proposed. As such, please provide a plan to adequately offset impacts expected to occur as a result of the proposed project (pursuant to 62-345, F.A.C.). The Mitigation Plan must provide the Department with reasonable assurance that adverse impacts to resources will be offset and that the mitigation will provide viable and sustainable ecological and hydrological functions (pursuant to Section 10.3.3 of the ERP Applicant’s Handbook Volume I). The Mitigation Plan should include information on the proposed construction, establishment, and maintenance of the mitigation; for example, the plan should include a purpose, a comparison between the functions of the impact site to the mitigation site, maintenance, monitoring, estimated cost, construction sequence and techniques. If artificial reef is proposed as mitigation, the plan should indicate the water depth, depth of sand overlying bedrock, and proposed relief and materials (type, size and shape). Please refer to Section 10.3.3.2 of the ERP Applicant’s Handbook Volume I, which identifies information to be included in the Mitigation Plan.

Monitoring is also necessary to provide the Department with reasonable assurance that mitigation efforts undertaken to offset adverse, project related impacts have been successful (according to Section 10.3.4 of the ERP Applicants Handbook Volume I). Pursuant to Sections 10.3.3.1 and 10.3.4 of the ERP Applicant’s Handbook Volume I, please include a section in the Biological Monitoring Plan detailing protocols designed to document whether mitigation constructed to offset impacts has succeeded in doing so.

14. Application Item 25: Provide an analysis of available alternatives to the proposed coastal construction, pursuant to Subsection 62B-41.005(1)(e), F.A.C. that would minimize adverse impacts to the coastal system. Discuss any related effects on the coastal system.

i. Considering the spatial scale of 4.5-mile stretch of shoreline and significantly high number of proposed coastal structures (33 groins, 6 offshore breakwater and 6 groins with attached reef balls), it is anticipated that achieving reasonable assurance that the proposed activities will not adversely impact the shorelines and resources within and around the project boundary will be extremely challenging. To avoid unanticipated impacts to shoreline and natural resources, the Department recommends including “phased approach” as an alternative in the design. The project can be constructed in phases to assess the effectiveness, and any unanticipated impacts can be addressed through monitoring. This will allow flexibility of design in the following phases. This information is not required to determine completeness of your application.

ii. Impacts to natural resources are anticipated based on review of the application (e.g., see RAI Items No. 5ii, 9i, and 12i). According to 18-21.004(2)(b) F.A.C., activities which would result in adverse impacts to natural resources shall not be approved unless there is no reasonable alternative and adequate mitigation is proposed. According to 18-21.004(2)(i) F.A.C., activities on sovereignty lands shall be designed to minimize or eliminate adverse impacts on fish and wildlife habitat, and other natural resources. Application Attachment B (Design Document) identifies only two project alternatives: the “No Project” alternative and the “Proposed Project” alternative. Pursuant to 62B-41.008(1)(b)9 F.A.C. and Section 10.2.1 of the ERP Applicant’s Handbook Volume I, please propose and assess design modifications and alternative construction practices for the currently proposed project that would eliminate or reduce impacts to hardbottom resources.

iii. The submitted Design Alternatives Modeling and Analysis document states that three (3) alternatives were considered; no action, fill only, and fill and structures. After a 1-year simulation (model predicting how much sand would remain after one year, including seasonal variability) was run, the fill only model predicted 65% of sand to remain on the beach and the fill and structures model predicted 80% of sand to remain on the beach. Please provide additional information on any long-term monitoring efforts within the county that have been documented regarding sand retention related to coastal resilience structures such as groins and breakwaters.

This information is required pursuant 18-21.004(2)(b), 18-21.004(2)(i), 62B-41.005(1)(e), and 62B-41.008(1)(c), 62B-41.008(1)(b)9 F.A.C. and Section 10.2.1 of the ERP Applicant’s Handbook Volume I. Your application will remain incomplete pending receipt of this information.

15. Application Item 26: Please provide the required permit fee, as set forth in Rule 62B-49.006. In order to calculate the fee please provide the following:

i. Total length of all proposed structures

ii. Total project area and total project area below MHW (in acers)

iii. Volume of fill for the lifetime of the permit

Your application will remain incomplete pending receipt of this information.

SLER 0960, Sketch Requirements (11.3.15) Page 1 of 1 -- Instructions to Staff --

SKETCH OF DESCRIPTION REQUIREMENTS

For Leases and Private Easements that preempt <3,000 Square Feet and for

All Public Easements (any size)

INSTRUCTIONS TO STAFF

1. Provide the applicant/agent the Sketch of Description Requirements package when the project will require a sovereign submerged lands lease or private easement that will preempt 3,000 square feet or less, or will require a public easement. Include as page 5 either the easement or lease checklist. If the applicant or agent chooses to submit a survey, provide them with SLER 0950.

2. After you receive the sketch and easement/lease area description, use the lease or easement checklist as a guideline for review. The completed checklist must be included in the file submitted to the Division of State Lands.

Background:

Chapter 18-21, Florida Administrative Code, requires that a land survey be provided for sovereignty submerged land leases. However, on May l4, l991, the Board of Trustees of the Internal Improvement Trust Fund authorized a waiver of the survey requirement in the following situations:

When registered grandfathered structures or unregistered grandfathered structures are brought under lease (regardless of the total square footage of sovereignty submerged lands preempted); and

When existing or proposed facilities are brought under lease that preempt less than or equal to 3,000 square feet.

The above guidance for a “survey waiver” was originally provided in SLER 0955, but was rescinded in February 2005. The former procedure allowed for the lease area to be depicted in association with the upland property description as a hand-drawn sketch that the owner signed.

To reflect accurate preemption areas and to provide the Division of State Lands with accurate data, it was decided that the Department would no longer allow for the description of the upland property to be submitted with a hand-drawn sketch. The majority of the grandfathered structures should have already come under lease and if they have not, they should not be allowed the benefit of providing a hand-drawn sketch. In addition, as riparian areas get more crowded and waterfront property becomes more limited, it is to the benefit of the Department to have a professional sketch submitted for these smaller leases.

The following procedures require submittal of a sketch of description, prepared by a Professional Surveyor and Mapper.

SLER 0960, Sketch Requirements (11.3.15) Page 1 of 5

For Leases and Private Easements (<3,000 Square Feet Preempted Area Over Sovereignty Submerged Lands) and All Public Easements

INSTRUCTIONS TO APPLICANT

IMPORTANT:

THIS PACKAGE PROVIDES THE SUBMERGED LANDS AND ENVIRONMENTAL

RESOURCES PROGRAM REQUIREMENTS THAT MUST BE MET IF YOUR PROJECT

QUALIFIES FOR A LEASE OR EASEMENT AS DESCRIBED ABOVE

IF YOU CONTRACT WITH A DESIGNATED AGENT/ENTITY TO PROCESS YOUR

SUBMERGED LANDS PUBLIC EASEMENT OR LEASE APPLICATION, YOU MUST PROVIDE

THEM THIS PROFESSIONAL SKETCH OF DESCRIPTION REQUIREMENTS PACKAGE

SLER 0960, Sketch Requirements (11.3.15) Page 2 of 5

For Leases and Private Easements (<3,000 Square Feet Preempted Area Over Sovereignty Submerged Lands) and All Public Easements

When a project involves an activity on sovereignty submerged lands that requires an easement or lease, an application for a Board of Trustees (BOT) easement or lease must be filed and processed by the appropriate DEP District Office. The information identified below must be submitted to the DEP District Office in order for your application for easement or lease to be processed. The following procedures are specific to sovereign submerged lands leases or private easements that will preempt less than or equal to 3,000 square feet and all public easements.

The information must be prepared from the most recent records (i.e., existing rights-of-way maps, existing surveys, deeds). At the minimum, the following will be required:

SKETCH OF DESCRIPTION (OF THE EASEMENT/LEASE AREA ON SOVEREIGNTY

SUBMERGED LANDS)

1. Two 8 1/2" x 11" prints of the sketch of description. If the prints are reduced from a larger drawing, a copy of the original drawing must also be submitted for clarity purposes.

2. The sketch of description must be clearly labeled "NOT A FIELD SURVEY."

3. All copies must be dated, signed (original signatures), and sealed by a surveyor registered with the Florida State Board of Professional Surveyors and Mappers stating that the sketch of description (sketch of the easement/lease area) is in compliance with the Minimum Technical Standards pursuant to Rules 5J-17.050 through 5J-17.052 Florida Administrative Code.

4. The size and dimensions of all proposed and existing structures within the right-of-way must be shown on the sketch; or engineering drawings (8 1/2" x 11" prints) including this information must be provided.

5. An approximate mean high water line (MHWL) in tidally influenced waters or an approximate ordinary high water line (OHWL) in non-tidally influenced waters must be shown on the sketch with a note clearly stating that the approximate line is not intended to be the legal boundary between private and state ownership. (Note: the description must refer to the actual mean or ordinary high water line-- see “Boundary Lines” below.)

6. Scaled or surveyed NAD 1927 or 1983 coordinates of the point of beginning (POB) of the easement/lease area must be shown on the sketch. The coordinates may be scaled from a USGS quad sheet or other suitable maps. The method used to determine the coordinates must be noted on the drawing.

LEASE AREA DESCRIPTION

A metes and bounds description of the perimeter of the lease sought must be provided on a separate 8 1/2" x 11" sheet and must include the county, section, township and range, the name of the affected waterbody and the approximate square footage of the lease. The lease description must call for the MHWL or OHWL even though the water boundary may be represented on the sketch by an approximate line or safe upland line.

SLER 0960, Sketch Requirements (11.3.15) Page 3 of 5

EASEMENT AREA DESCRIPTION

A metes and bounds description of the perimeter of the easement sought must be provided on a separate 8 1/2" x 11" sheet and must include the county, section, township and range, the name of the affected waterbody and the approximate acreage of the easement. The easement description must call (bearing and distance) for an actual MHWL or OHWL. (A call for the approximate line of MHWL or OHWL will not be accepted in the description (the line must be known), but is acceptable on the sketch.) A centerline description will not be accepted, unless pre-approved by the Division of State Lands.

LOCATION SKETCH / VICINITY MAP

A location sketch (vicinity map) must be provided. For clarity purposes, the location sketch must be provided on a separate 8 1/2" x 11" sheet.

BOUNDARY LINES OF SOVEREIGNTY SUBMERGED LANDS

There are two types of waterbodies that define sovereignty submerged lands: tidally influenced waterbodies and non-tidally influenced waterbodies. The boundary line between sovereignty lands and privately-owned riparian lands along tidally influenced waterbodies is the mean high water line (MHWL), and along non-tidally influenced waterbodies is the ordinary high water line

(OHWL).

For both types of waterbodies a safe upland line can be used to approximate the ordinary or mean high water line in lieu of the true water boundary to determine an acceptable easement area.

Generally, a safe upland line is sufficient if it runs along the edge of mature upland vegetation. If a safe upland line is used for identification of the lease or easement area, the legal description of the parcel bounded by this line must be preceded by a leader containing: "That part of the sovereign lands of the State of Florida that lie within the following described area:. . ." This will ensure that the area to be under easement will be only that part that is actually sovereign submerged land.

In all cases, contact the Bureau of Survey and Mapping if there are any questions.

Definitions:

Preempted area (18-21.003 and 18-20.003, F.A.C., as applicable) means the area of sovereignty lands from which the traditional public uses have been or would be excluded to any extent by an activity. The area may include, but is not limited to, the sovereignty lands occupied by the docks and other structures, the area between the docks and the shoreline and the area between the docks and out to any mooring pilings (the preempted area would also be extended to include the area for the largest [length and width] vessel(s) to be moored at the site). In Aquatic Preserves the area will also include the docking facility turning basin. If the activity is required to be moved waterward to avoid dredging or disturbance of nearshore habitat, a reasonable portion of the nearshore area that is not impacted by the dredging or structures shall not be included in the preempted area.

Sketch of Description: A sketch of a parcel or parcels of land pursuant to Rules 5J.17.050 through

5J-17.052, F.A.C., and prepared by a Florida professional surveyor and mapper that can be derived from direct observation and measurements, and/or from existing available information sufficient to adequately represent the perimeters of a parcel or parcels

SLER 0960, Sketch Requirements (11.3.15) Page 4 of 5 of land. The sketch shall be in complete accord with the property description shown on, or attached and referred to, the survey map.

Property Description or Legal Description: The description of a parcel or real property, in technical terms, that is sufficient to accurately locate the parcel. The property or legal description is incorporated as a part of the survey or sketch of description.

Boundary Survey: A process pursuant to Rules 5J.17.050 through 5J-17.052, F.A.C., which is performed and prepared by a Florida professional surveyor and mapper from direct observation and measurements and presented in map form, the primary purpose of which is to define and document the perimeters of a parcel or parcels of land. The surveyor and mapper shall make a determination of the position of the boundary of real property in complete accord with the property description shown on, or attached and referred to, the survey map.

Metes and Bounds: A method of describing land by boundary lines (bounds) and measures of length and direction (metes). The most common method is to recite the directions and lengths as one would walk around the perimeter of the parcel.

SLER 0960, Sketch Requirements (11.3.15) Page 5 of 5

CHECKLIST FOR REVIEW OF “SKETCH” AND EASEMENT AREA DESCRIPTION

Use for reviews of sketches for all public easements (any size) and for private easements that preempt < 3,000 square feet.

Applicant: File No.:

Reviewed by: Date:

[ ] ACCEPTABLE [ ] UNACCEPTABLE

Sketch Remarks Two prints of sketch provided on 8½ x 11 sheets Sketch clearly labeled "NOT A FIELD SURVEY"

Surveyor’s original signature and original seal Surveyor’s certification number Sketch is dated Sketch is drawn to scale Location, size and dimensions of existing and proposed structure(s) are shown on the sketch

Approximate MHWL shown on sketch -OR- Approximate OHWL shown on sketch -OR- Approximate SUL/Apparent shoreline shown Easement boundary abuts MHWL/OHWL/SUL North arrow shown on the sketch Description matches drawing (must call for an “actual” M/OHWL, vs. “approx.” line as shown on sketch) [see note below]

Separate location sketch (vicinity map)-8½ x11” Description

Approximate square footage/acreage of easement

Description of easement area that includes:

Section, Township, Range

County Waterbody

COMMENTS: [Note: The description must use actual

M/OHWL, not “approximate” line, as shown on the sketch. If SUL is used, the description begins with, “That part of the sovereign lands of the State of Florida that lie within the following described area:. . .”]

SLER 0960, Sketch Requirements (11.3.15) Page 5 of 5

CHECKLIST FOR REVIEW OF “SKETCH” AND LEASE AREA DESCRIPTION

This checklist is to be used for review of sketches for lease areas that preempt < 3,000 square feet.

Applicant: File No.:

Reviewed by: Date:

Sketch Remarks Two prints of sketch provided on 8½ x 11 sheets Surveyor’s original signature and seal

Sketch is clearly labeled “NOT A FIELD SURVEY” Sketch is dated Sketch is drawn to scale North arrow shown on the sketch Riparian lines are shown on sketch Preempted area calculations of entire lease area with total square footage are shown on sketch

Location, size and dimensions of existing and proposed overwater structure(s) are shown on sketch

Distance from structures to riparian lines shown on sketch Linear footage of shoreline shown on sketch Approximate MHWL shown on sketch -OR- Approximate OHWL shown on sketch -OR- Approximate SUL/Apparent shoreline shown on sketch Lease boundary abuts MHWL/OHWL/SUL Condition of shoreline shown for lease area and 1,000 feet on each side of the lease area, if in an AP:

% Natural % Seawalled/bulkheaded

Upland property lines shown on the sketch Description matches drawing (must call for an “actual” MHWL/OHWL vs. “approx.” line as shown on sketch) [see note below for SUL]

All structures and preempted area are included within the lease boundary

Separate location sketch (vicinity map)--8½ x11 Description

Total square footage of lease area is included in the lease boundary

Description of lease area includes:

Section, Township, Range County Waterbody

Legal description of the upland riparian property is shown (check against copy of recorded deed)

COMMENTS: [Note: The description must use actual M/OHWL, not “approximate” line, as shown on the sketch. If SUL is used, the description begins with, “That part of the sovereign lands of the State of Florida that lie within the following described area:. . .”]

SLER 0960, Sketch Requirements (1.28.2014)

CHECKLIST FOR REVIEW OF “SKETCH” AND EASEMENT AREA DESCRIPTION

Use for reviews of sketches for: all public easements (any size), or private easements (that preempt 3,000 square feet or less)

Applicant:

File No.:

Reviewed by:

Date:

[ ] ACCEPTABLE

[ ] UNACCEPTABLE

Sketch

Remarks

Two prints of sketch provided on 8½ x 11 sheets

Sketch clearly labeled "NOT A FIELD SURVEY"

Surveyor’s original signature and original seal

Surveyor’s certification number

Sketch is dated

Sketch is drawn to scale

Location, size and dimensions of existing and proposed structure(s) are shown on the sketch

Approximate MHWL shown on sketch -OR-

Approximate OHWL shown on sketch -OR-

Approximate SUL/Apparent shoreline shown

Easement boundary abuts MHWL/OHWL/SUL

North arrow shown on the sketch

Description matches drawing (must call for an “actual” M/OHWL, vs. “approx.” line as shown on sketch) [see note below]

Separate location sketch (vicinity map)-8½ x11”

Description

Approximate square footage/acreage of easement

Description of easement area that includes:

Section, Township, Range ____________

County _______________________

Waterbody ________________________

COMMENTS:

[Note: The description must use actual M/OHWL, not “approximate” line, as shown on the sketch. If SUL is used, the description begins with, “That part of the sovereign lands of the State of Florida that lie within the following described area:. . .”]

SLER 0960, Sketch Requirements (1.28.2014)

CHECKLIST FOR REVIEW OF “SKETCH” AND LEASE AREA DESCRIPTION

This checklist is to be used for review of sketches for lease areas that preempt < 3,000 square feet.

Applicant:

File No.:

Reviewed by:

Date:

Sketch

Remarks

T…