Sunsplash_Artificial_Reef_-_USACE_Permit_.pdf

DEPARTMENT OF THE ARMY PERMIT

Permittee: Volusia County Public Works c/o Jessica Winterwerp 515 South Atlantic Avenue Daytona Beach, Florida 32118

Permit No: SAJ-2021-00140 (SP-JMB)

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

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

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

Project Description: The Permittee is authorized to create an artificial reef in the Atlantic Ocean in Volusia County. The Sunsplash Artificial Reef will have an overall area of 158.17 acres of which 114.78 acres will be utilized as the footprint to the artificial reef. The reef will consist of three sections, 34.43 acres, 28.70 acres, and

28.70 acres, that will be separated 500 feet to comply with JAXBO PDC A7.14. Reef materials will consist of clean re-purposed or pre-fabricated concrete, including steel-reinforced concrete materials. Prior to each deployment, the permittee shall examine the ocean floor via diver, submersible video camera, fathometer, depth/bottom sounder (e.g. “fish finder”), or side-scan sonar to ensure that there is no live bottom or fisheries present. Reef deployments will be 1.13 acre in size.

Depth, Profile, & Clearance: The approximate water depths within the site vary from approximately -59’ to -63’ mean low lower water (MLLW) within the reef footprint. The applicant proposes a maximum reef height of 19 feet with a minimum clearance of 40 feet between the top of the reef and MLLW maintaining compliance with JAXBO PDC A7.14

The work described above is to be completed in accordance with Attachment 1 and the seven additional attachments affixed at the end of this permit instrument.

PERMIT NUMBER: SAJ-2021-00140 (SP-JMB)

PERMITTEE: Volusia County Sunsplash Artificial Reef

Project Location:

Directions to site: To Sunsplash Artificial Reef: From I-95; exit at 260 and travel east onto US 92 to the Atlantic Ocean, Volusia County, Florida.

APPROXIMATE CENTRAL COORDINATES:

Centroid -80.955684, 29.240202 80° 57.341' W, 29° 14.412' N NW Corner -80.961181, 29.245952 80° 57.671' W, 29° 14.757' N NE Corner -80.957523, 29.247530 80° 57.451' W, 29° 14.852' N SW Corner -80.953846, 29.232873 80° 57.231' W, 29° 13.972' N SE Corner -80.950188, 29.234451 80° 57.011' W, 29° 14.067' N

Permit Conditions

General Conditions:

1. The time limit for completing the work authorized under Section 10 of the River and Harbors Act of 1899 (33 U.S.C. 403) ends on September 30, 2031.

If you find that you need more time to complete the Section 10 activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.

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

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

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

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

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

Special Conditions:

1. Reporting Addresses: The Permittee shall reference this permit number, SAJ- 2021-00142 (SP-JMB), on all correspondence. Unless specifically notified to the contrary, the Permittee shall use the following addresses for transmitting correspondence to the referenced agencies:

a. For Standard Mail: U.S. Army Corps of Engineers Regulatory Division P.O. Box 4970, Jacksonville, Florida 32232-0019

For electronic mail: CESAJ-ComplyDocs@usace.army.mil (not to exceed 10

MB).

The Permittee shall reference this permit number, SAJ-2021-00142 (SP- JMB), on all submittals.

b. National Oceanic and Atmospheric Administration Marine Chart Division Office of Coast Survey, N/CS26, Sta. 7317 1315 East-West Highway Silver Springs, MD 20910-3282 or email at ocs.ndb@noaa.gov

c. Commander, U.S. Coast Guard (USCG) Sector Miami 100 McArthur Causeway Miami Beach, Florida 32139 Attention: Lieutenant Jennifer Makowski

d. Florida Fish and Wildlife Conservation Commission Artificial Reef Program 620 S. Meridian Street, Box 4B2

Tallahassee, Florida 32399

Or email at artificialreefdeployments@MyFWC.com

2. Initial Agency Notification: The Permittee shall provide to the U.S. Army Corps of Engineers (Corps), National Oceanic and Atmospheric Administration (NOAA), and U.S.

Coast Guard (USCG) written notification of every planned deployment start date at least 2 weeks prior to each deployment on the authorized artificial reef site.

3. Authorized Reef Materials: The Permittee agrees to follow State and Federal guidance on suitable artificial reef materials. No reef materials or module will weigh less than 500 pounds. Reef materials shall be clean and free from asphalt, creosote, petroleum, other hydrocarbons and toxic residues, loose free floating material or other deleterious substances. All artificial reef materials and/or structures will be selected, designed, constructed, and deployed to create stable and durable marine habitat.

Materials will be designed, selected, and deployed in such a manner as to avoid entrapping marine life. The Permittee shall deploy only the following authorized reef materials:

a. Prefabricated artificial reef modules composed of ferrous and/or aluminum-alloy metals, ¼ inch or more in thickness, concrete, rock, or a combination of these materials.

b. Natural rock boulders and other pre-cast concrete material such as culverts, stormwater junction boxes, power poles, railroad ties, jersey barriers, or other similar concrete material.

c. Clean steel and concrete bridge or large building demolition materials such as slabs or pilings with all steel reinforcement rods severed as close to the concrete surface as possible but not to extend more than 6 inches to ensure the rod will not create a fishing tackle or diver ensnaring hazard.

d. Heavy gauge ferrous & aluminum alloy metal material components or structures, ¼ inch or more in thickness, such as utility poles and antenna towers.

e. Heavy gauge ferrous and aluminum alloy metal hulled vessels which equal or exceed 60 feet hull length prepared and deployed in accordance with all applicable U.S. Coast Guard, U.S. Environmental Protection Agency, Florida Fish and Wildlife Conservation Commission, or other applicable state or federal agency regulations or policies. The vessel shall not be deployed until all necessary inspections and clearances have been obtained or waived and a stability analysis has been completed demonstrating the vessel will be stable during a 50-year storm event based on vessel and deployment site characteristics. The Permittee shall follow the National guidance regarding preparation of vessels for deployment as artificial reefs which are available at http://www.epa.gov/owow/oceans/habitat/artificialreefs/index.html. The Permittee shall provide a record of all inspections, clearances or waivers to the Corps along with the pre-deployment notification.

4. Reef Parameters: The Permittee shall deploy all reef materials within the site boundaries as defined on permit drawing Figure 4. The Sunsplash Reef will maintain a maximum reef height of 19’ and minimum clearance of 38 feet from the top of the deployed material relative to MLLW in order to comply with JAXBO PDC A7.14.

5. Violation of Reef Parameters Notification: In the event reef material is deployed in a location or manner contrary to the Reef Parameters Special Condition, the Permittee shall immediately notify the USCG Station and provide information as requested by the station. The Permittee shall notify NOAA, USCG, and Corps in writing within 24 hours of the occurrence. At a minimum the written notification shall explain how the deployed material exceeds the authorized reef parameters, a description of the material, a description of the vessel traffic in the area, the deployment location in nautical miles at compass bearing from obvious landmarks, the location of the unauthorized material in latitude and longitude coordinates (degree, minute, decimal minute format to the third decimal place), and the water depth above the material from MLW. The document will list the information provided by telephone to the USCG as noted above and include the time of the call and the name of the USCG personnel receiving the information.

6. Protection of Existing Resources: The Permittee shall not deploy artificial reef materials until an assessment of the bottom conditions have been accomplished by diver, submersible video camera, fathometer, depth/bottom sounder (e.g. “fish finder”), or side-scan sonar. The inspection of the deployment area may occur at the time of deployment, but no more than 1 year prior to deployment. The Permittee shall maintain a deployment buffer of at least 250 feet from any submerged beds of sea grasses, coral reefs, live bottom, areas supporting growth of sponges, sea fans, soft corals, and other sessile macroinvertebrates generally associated with rock outcrops, oyster reefs, scallop beds, clam beds, or areas where there are unique or unusual concentrations of bottom-dwelling marine organisms. Should the assessment find any evidence of cultural/archaeological resources such as sunken vessels, ballast, historic refuse piles, or careenage areas, the Permittee shall also maintain a deployment buffer of at least 250 feet from these resources.

The Permittee shall provide of the information obtained from the assessment to the Corps no less than 14 days prior to deployment of material on an artificial reef in conjunction with the pre-deployment notification.

7. Pre-Deployment Notification: No less than 14 days prior to every deployment of material on an artificial reef, the Permittee shall transmit by electronic mail (“email”) a complete and signed “Florida Artificial Reef Materials Cargo Manifest and Pre- Deployment Notification” form (Attachment 3), to the Corps and Florida Fish and Wildlife Conservation Commission (FWC) to allow inspection of the proposed reef materials as deemed necessary by the agencies. Inspection is allowable at the staging area. By signing the Pre-Deployment Notification the Permittee certifies all materials are free from asphalt, petroleum, other hydrocarbons and toxic residues. The Permittee shall not deploy material if notified by the Corps or FWC that the material is questionable.

The material needs to be evaluated before it is released for deployment. Any material deemed unacceptable for reef material will be disposed in an approved upland disposal site.

Deployment of the material shall not occur until after the end of the 14-day inspection period. The Permittee shall ensure both a copy of this permit and the signed “Florida Artificial Reef Materials Cargo Manifest and Pre-Deployment Notification” form are maintained aboard the deployment vessel at all times during loading, transit, and deployment.

8. Post-Deployment Placement Report/As-Built Drawing: No less than 30 days after each deployment at the reef site, the Permittee shall transmit by email to the Corps, FWC, and NOAA a complete and signed “Florida Artificial Reef Materials Placement Report and Post-Deployment Notification” form (Attachment 4). Please note, the Corps requires the latitude and longitude to be accurate within 5 meters horizontal distance on the post-deployment report. Attach to the report an as-built drawing containing the approximate deployment configurations and the height of the material after placement. Depth shall be verified utilizing fathometer, depth sounder, or similar device accurate to within 1 meter. Also, include information on the condition of the material at the time of deployment. The report and drawing shall be limited to a few pages per deployment. Representative photographs and/or video, if available, should be submitted.

9. Ownership/Maintenance/Liability: By signing this permit, the Permittee certifies and acknowledges ownership of all artificial reef materials deployed on the reef, accepts responsibility for maintenance of the artificial reef, and possesses the ability to assume liability for all damages that may arise with respect to the artificial reef. In accordance with JAXBO PDC A7.18, the reef will be cleaned annually to remove marine debris and derelict fishing line in areas safely accessible to recreational SCUBA divers. Cleanup efforts shall follow the PDCs for Activity 9, Marine Debris Removal, and all pertinent general PDCs.

10. Assurance of Navigation and Maintenance: The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

11. Cultural Resources/Historic Properties:

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

b. If during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered (prehistoric or historical artifacts) which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee or designee shall immediately stop all work and ground-disturbing activities within a 100-meter diameter of the discovery and notify the Florida Department of State, Division of Historical Resources, Compliance and Review Section at (850) 245-6333 or (800) 847-7278, as well as the Corps within the same business day (8 hours). The Corps shall then notify the appropriate Tribal Historic Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise appropriate actions. Project activities shall not resume without verbal and/or written authorization from the Division of Historical Resources.

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

d. In the unlikely event that unmarked human remains are identified on non-federal lands, they will be treated in accordance with Section 872.05 Florida Statutes.

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

12. Turbidity /Erosion Control: Best management practices for turbidity/erosion control shall be used when performing any activity authorized in this permit. The permittee agrees that all wetland areas and surface waters outside of the specific limits of construction authorized in this permit must be protected from erosion, siltation, scouring or excess turbidity and dewatering.

13. Manatee Condition: The permittee shall abide by the attached standard construction conditions designed to protect the endangered West Indian Manatee (Attachment 5).

14. Manatee Condition: The Permittee shall install and maintain wharf fenders to reduce the risk of a vessel crushing a manatee. The wharf fenders must provide sufficient standoff space of at least four (4) feet under maximum designed compression.

Fenders or buoys providing a minimum standoff space of at least four (4) feet under maximum designed compression shall also be utilized between two vessels that are moored together. The Permittee shall perform all work associated with this project during daylight hours only.

15. Sea Turtle, Smalltooth Sawfish, and Sturgeon Guidelines: The Permittee agrees to adhere to the Sea Turtle and Smalltooth Sawfish Construction Conditions, which also applies to the sturgeon, (Attachment 6).

16. Marine Life Entrapment: Neither reef structure nor material or the method of design or deployment should pose more than minimal risk of entrapping fish, marine turtles, or marine mammals. The Permittee shall take all necessary action to minimize this risk. Any observation of entrapped marine turtles or marine mammals on this artificial reef site should be reported immediately to the Enforcement Section by telephone at 904-232-2502 and the National Marine Fisheries Service by telephone at 727-824-5301.

17. Protected Species Guidance: The Permittee shall comply with the “Vessel Strike Avoidance Measures and Injured or Dead Protected Species Reporting” (Attachment 7), for marine turtles and marine mammals.

18. North Atlantic Right Whale: Artificial reef material shall not be transported or deployed between November 15 and April 15 or during an additional 15 days at either end of this timeframe to better ensure whale avoidance and for the conservation of the endangered Northern Right Whale within the boundaries of the National Marine Fisheries Service designated Northern Right Whale Southeastern United States critical habitat area. The artificial reef material shall be transported and/or deployed only during daylight hours and may only occur from May 1 through October 31 and shall follow NMFS’s Shipboard Right Whale Protection Program, dated 2009 (Attachment 8).

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

Further Information:

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

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

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

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

2. Limits of this authorization.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures

30 Sept 2021

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

(TRANSFEREE-SIGNATURE) (DATE)

(NAME-PRINTED)

(ADDRESS)

(CITY, STATE, AND ZIP CODE)

(E-MAIL ADDRESS)

(PHONE NUMBER)

Attachments to Department of the Army Permit Number SAJ-2021-00140 (SP-JMB)

1. PERMIT DRAWINGS: 6 pages, dated January, 2021, Attachment 1.

2. WATER QUALITY CERTIFICATION: Florida Department of Environmental Protection (FDEP) permit file number 0391093-001-EI, Attachment 2.

3. Florida Artificial Reef Materials Cargo Manifest and Pre-Deployment Notification form, Attachment 3.

4. Florida Artificial Reef Materials Placement Report and Post Deployment Notification form, Attachment 4.

5. Standard Manatee Conditions for In-Water Work dated 2011, Attachment 5.

6. Sea Turtle and Smalltooth Sawfish Construction Conditions dated March 23, 2006, Attachment 6.

7. Vessel Strike Avoidance Measures and Reporting for Mariners for marine turtles and marine mammals dated February 2008, Attachment 7.

8. Shipboard Right Whale Protect Program dated 2009, Attachment 8.

80°44'0"W80°46'0"W80°48'0"W80°50'0"W80°52'0"W80°54'0"W80°56'0"W80°58'0"W81°0'0"W

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FIGURE 1

OVERVIEW MAP

VOLUSIA COUNTY ARTIFICIAL REEF PROGRAM

VOLUSIA COUNTY, FL

C2019-028

PROJECT DRAWN BY SHEET DATE

0 1 2 3 4 5 6 70.5

Nautical Miles

Volusia County

CERTIFICATE OF AUTHORIZATION # 4815

TAYLOR ENGINEERING INC.

10199 SOUTHSIDE BOULEVARD

SUITE 310

JACKSONVILLE, FL 32256

Notes:

1. Basemap source on locator map: National Geographic.

2. Basemap source on reef map: NOAA Nautical Charts 11484 & 11486.

3. The seaward edges of all reef locations are </= 2.75 miles from the shoreline.

4. Project site boundaries magnified for clarity.

BETHUNE BEACH

REEF

KM ROBERT MITCHELL DOLL P.E. #86643 DATE

SEAL

11/25/2020 L:\2019\C2019-028 Vol Co 3-Mile Reef Design\GIS\MXDs\PermitDrawings\4_USACE_Fig_1_Overview.mxd

Nearest Existing Arti f ic ial Reefs

(Sunsplash Reef/ Ligh thouse Point Reef)

FEDERAL-STATE

WATERS BOUNDARY

1 of 14FS - 01

LIGHTHOUSE POINT

REEF

SUNSPLASH

REEF

Nearest Existing Arti f ic ial Reefs

(Bethune Beach Reef)

-61

-62

-60

-62 -61

-62

-60

-62

-61

-61

PROJECT DRAWN BY SHEET DATE

Volusia County, Florida

Legend Survey Contours Reef Boundary

# Reef Boundary Corners " Reef Boundary Centroid

ROBERT MITCHELL DOLL P.E. # 86643 DATE

SEAL

11/23/2020 L:\2019\C2019-028 Vol Co 3-Mile Reef Design\GIS\MXDs\PermitDrawings\1_Sunsplash_Fig_2_ProjectLocation.mxd

DISTANCE TO SHORE = 17698 Feet / 2.91 Nautical Miles

SUNSPLASH REEF

(Construction Depth Range:

-59' to -63' NAVD 88) (Reef Area = 158 Acres)

0 4,000 8,000 12,0002,000

Feet

FEDERAL-STATE

WATERS BOUNDARY

Point Long_DD Lat_DD Long_DM Lat_DM Centroid -80.955684 29.240202 80° 57.341' W 29° 14.412' N

NW Corner -80.961181 29.245952 80° 57.671' W 29° 14.757' N NE Corner -80.957523 29.247530 80° 57.451' W 29° 14.852' N SW Corner -80.953846 29.232873 80° 57.231' W 29° 13.972' N SE Corner -80.950188 29.234451 80° 57.011' W 29° 14.067' N

FIGURE 2

PROJECT LOCATION - SUNSPLASH REEF

VOLUSIA COUNTY ARTIFICIAL REEF PROGRAM

VOLUSIA COUNTY, FL

C2019-028CERTIFICATE OF AUTHORIZATION # 4815

TAYLOR ENGINEERING INC.

10199 SOUTHSIDE BOULEVARD

SUITE 310

JACKSONVILLE, FL 32256

KM

DISTANCE TO INLET =

56760 Feet / 9.34 Nautical Miles

Notes:

1. Basemap source on locator map: National Geographic.

2. Basemap source on reef map: National Geographic.

3. Project site boundaries magnified for clarity.

4. Depth contours provided by Morgan & Eklund, Inc.

5. Date of bathymetric survey: 2/3/2020

6. Elevation Datum: National Vertical Datum of 1988 (NAVD88)

7. Horizontal Datum: NAVD88

8. Sediment type: coarse, bare sand.

FS - 02 2 of 14

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FIGURE 3

NATURAL RESOURCES - SUNSPLASH REEF

VOLUSIA COUNTY ARTIFICIAL REEF PROGRAM

VOLUSIA COUNTY, FL

C2019-028

PROJECT DRAWN BY SHEET DATE

0 1 2 3 4 50.5

Nautical Miles

CERTIFICATE OF AUTHORIZATION # 4815

TAYLOR ENGINEERING INC.

10199 SOUTHSIDE BOULEVARD

SUITE 310

JACKSONVILLE, FL 32256

Notes:

1. Basemap source on locator map: National Geographic.

2. Basemap source on reef map: NOAA Nautical Charts 11484 & 11486.

3. The seaward edges of all reef locations are </= 2.75 miles from the shoreline.

4. Project site boundaries magnified for clarity.

5. Project site boundary is 1000 ft (305 m) from nearest proposed borrow area.

SUNSPLASH

REEF

KM DATE

SEAL

11/22/2020 L:\2019\C2019-028 Vol Co 3-Mile Reef Design\GIS\MXDs\PermitDrawings\1_Sunsplash_Fig_3_NaturalResources.mxd

FEDERAL-STATE

WATERS BOUNDARY

Volusia County

Legend Reef Boundary

# Reef Boundary Corners Federal-State Waters Boundary

Northern Right Whale Critical Habitat Loggerhead Nearshore Reproductive Critical Habitat Potential Borrow Areas

LOGGERHEAD

NEARSHORE

REPRODUCTIVE

CRITICAL HABITAT

EASTERN LIMIT

OF RIGHT WHALE

CRITICAL HABITAT

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FIGURE 14

REEF DENSITY MAP

VOLUSIA COUNTY ARTIFICIAL REEF PROGRAM

VOLUSIA COUNTY, FL

C2019-028

PROJECT DRAWN BY SHEET DATE

0 1 2 3 4 5 6 70.5

Nautical Miles

Volusia County

CERTIFICATE OF AUTHORIZATION # 4815

TAYLOR ENGINEERING INC.

10199 SOUTHSIDE BOULEVARD

SUITE 310

JACKSONVILLE, FL 32256

Notes:

1. Basemap source on locator map: National Geographic.

2. Basemap source on reef map: NOAA Nautical Charts 11484 & 11486.

3. The seaward edges of all reef locations are </= 2.75 miles from the shoreline.

4. Project site boundaries magnified for clarity.

5. Density of the proposed reefs does not exceed 2 reefs (old or new) per 10 NM² area and no greater than 1 NM² total per 10 NM² area.

BETHUNE BEACH

REEF

KM ROBERT MITCHELL DOLL P.E. #86643 DATE

SEAL

1/15/2021 L:\2019\C2019-028 Vol Co 3-Mile Reef Design\GIS\MXDs\PermitDrawings\4_USACE_Fig_14_ReefDensity_KM.mxd

SUNGLOW

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FEDERAL-STATE

WATERS BOUNDARY

14 of 14FS - 14

LIGHTHOUSE POINT

REEF

SUNSPLASH

REEF

FLAGLER

REEF

10 NM² AREA

10 NM² AREA

10 NM² AREA

OFFSHORE

REEF SITE 5

OFFSHORE

REEF SITE 12

OFFSHORE

REEF SITE 3

(JAXBO PDC A7.27.4)

Permittee/Authorized Entity:

Volusia County Coastal Division c/o Jessica Winterwerp 515 S Atlantic Avenue

Daytona Beach, Florida 32118 JWinterwerp@Volusia.org

Volusia County Three Mile Reefs: Sunsplash Beach Reef

Authorized Agent:

Taylor Engineering c/o David Stites 10199 Southside Blvd, Suite 310

Jacksonville, Florida 32556

DSTITES@TAYLORENGINEERING.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.: 0391093-001-EI

Permit Issuance Date: December 28, 2020 Permit Construction Phase Expiration Date: December 28, 2025

FLORIDA DEPARTMENT OF

Environmental Protection

CENTRAL DISTRICT OFFICE

3319 MAGUIRE BLVD., SUITE 232

ORLANDO, FLORIDA 32803

Ron DeSantis Governor

Jeanette Nuñez

Lt. Governor

Noah Valenstein Secretary mailto:JWinterwerp@Volusia.org mailto:DSTITES@TAYLORENGINEERING.COM

Consolidated Environmental Resource Permit and Sovereignty Submerged Lands Authorization

Permittee: Volusia County Coastal Division

Permit No: 0391093-001-EI

PROJECT LOCATION

The activities authorized by this permit and sovereignty submerged lands authorization are located approximately 2.9 nautical miles offshore of New Smyrna Beach, Florida, 32168, in Volusia County, at Latitude 29° 14' 20.284" N/Longitude 80° 57' 17.972" W.

PROJECT DESCRIPTION

The permittee is authorized to construct and operate an approximate 158-acre artificial reef site with the intent of creating high-quality benthic habitat for additional inshore fishing and diving locations approximately 2.9 nautical miles offshore of New Smyrna Beach within the Atlantic Ocean, a Class III, Florida Waterbody. Authorized activities are depicted on the attached exhibits.

AUTHORIZATIONS

Three Mile Reefs: Sunsplash Beach Reef

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 The activity is located on sovereignty submerged lands owned by the State of Florida. It therefore also requires authorization from the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), pursuant to Article X, Section 11 of the Florida Constitution, and Section 253.77, F.S. As staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) under Sections 253.002, F.S., the Department has determined that the activity qualifies for and requires a Letter of Consent, as long as the work performed is located within the boundaries as described and is consistent with the terms and conditions herein.

During the term of this Letter of Consent you shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code. If such interest is terminated or the Board of Trustees determines that such interest did not exist on the date of issuance of this Letter of Consent, this Letter of Consent may be terminated by the Board of

FLORIDA DEPARTMENT OF

Environmental Protection

CENTRAL DISTRICT OFFICE

3319 MAGUIRE BLVD., SUITE 232

ORLANDO, FLORIDA 32803

Ron DeSantis Governor

Jeanette Nuñez

Lt. Governor

Noah Valenstein Secretary

Permittee: Volusia County Coastal Division Permit Expiration: December 28, 2025 Permit No: 0391093-001-EI Page 2 of 15

Trustees at its sole option. If the Board of Trustees terminates this Letter of Consent, you agree not to assert a claim or defense against the Board of Trustees arising out of this Letter of Consent.

Federal Authorization Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization shall be required from the Corps. You must apply separately to the Corps using the federal application form (ENG 4345). More information about Corps permitting may be found online in the Jacksonville District Regulatory Division Sourcebook. Failure to obtain Corps authorization prior to construction could subject you to federal enforcement action by that agency.

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, Permittee: Volusia County Coastal Division Permit Expiration: December 28, 2025 Permit No: 0391093-001-EI Page 3 of 15 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 – CONSTRUCTION ACTIVITIES

1. The material to be used shall be clean concrete or rock, clean steel boat hulls, other clean, heavy gauge steel products with a thickness of 1/4 inch or greater, and prefabricated structures that are a mixture of clean concrete and heavy gauge steel

2. The material shall be free of soils, oils and greases, debris, litter, putrescible substances or other pollutants

3. The material shall be firmly anchored to the bottom and shall not be indiscriminately dumped

4. The substrate on which the activities occur shall not submerge grassbed communities, shellfish or other hardbottom communities, or corals

5. There shall be no “white goods” (inoperative and discarded refrigerators, freezers, ranges, water heaters, washers, and other similar domestic and commercial appliances), asphalt material, tires, other polluting materials used in construction of the reef;

6. The site shall be marked with perimeter buoys during construction to ensure that no material is deposited outside of the site;

7. The artificial reef site shall not be established within any shipping lanes.

8. There shall be a minimum of 150-feet buffer between the deployment site and the outer boundary of the permitted reef site.

9. There shall be a minimum of 250-feet buffer between any deployed materials and all anomalies identified in the attached figures.

10. To minimize the potential of impacts to right whales, deployments may only occur between April 15 – November 14.

SPECIFIC CONDITIONS – Right Whale

11. Construction of the reef will be done outside of the right whale calving season and all vessels used for deployment will be conducted using standard right whale precautions including spotters on the vessels.

Permittee: Volusia County Coastal Division Permit Expiration: December 28, 2025 Permit No: 0391093-001-EI Page 4 of 15

SPECIFIC CONDITIONS - OTHER LISTED SPECIES

12. 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 applicant 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, 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 FWCConservationPlanningServices@MyFWC.com.

SPECIFIC CONDITIONS - CONSTRUCTION COMPLETION

13. Following deployment of reef materials, please provide the depth to the top of the reef (i.e.

using a depth finder) to ensure the minimum clearance requirements are met.

SPECIFIC CONDITIONS – OPERATION AND MAINTENANCE ACTIVITIES

14. The material shall be placed so that the distance from top of the reef to the bottom to the surface of the water is sufficient for safe navigation. At no time shall the distance between the top of the reef and the surface of the water be less than 36 feet.

SPECIFIC CONDITIONS – CARGO MANIFEST

15. Pursuant to Section 379.249, F.S., the transport and deployment of all artificial reef materials off Florida require a cargo manifest. The Permittee shall fill out a “Florida Artificial Reef Materials Cargo Manifest and Pre-Deployment Notification” form and maintain the cargo manifest onboard the vessel listing the materials onboard, during the transport and deployment of artificial reef materials. The completed form shall be submitted to the FWC Artificial Reef Program at least 7 days prior to the anticipated deployment via email at artificialreefdeployments@myfwc.com. The form is available online at:

http://myfwc.com/media/131594/FWCArtificialReefCargoManifest.pdf.

SPECIFIC CONDITIONS – PLACEMENT AND POST-DEPLOYMENT

16. The permittee shall notify the National Ocean Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce, Rockville, Maryland, and the Florida Fish and Wildlife Conservation Commission (FWC), Division of Marine Fisheries Management, via e-mail at artificialreefdeployments@myfwc.com of the precise location of the reef within 30 days of placement of the reef material.

17. The permittee shall fill out a “Florida Artificial Reef Materials Placement Report and Post- Deployment notification form and submit it to the FWC within 30 days of completion for each date of deployment or separate deployment location. The completed form shall be mailto:FWCConservationPlanningServices@MyFWC.com mailto:artificialreefdeployments@myfwc.com http://myfwc.com/media/131594/FWCArtificialReefCargoManifest.pdf mailto:artificialreefdeployments@myfwc.com

Permittee: Volusia County Coastal Division Permit Expiration: December 28, 2025 Permit No: 0391093-001-EI Page 5 of 15 submitted to the FWC Artificial Reef Program via email at artificialreefdeployments@myfwc.com. The form is available online at:

http://myfwc.com/media/131597/FWCArtificialReefMaterialPlacementReport.pdf.

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…