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HomeMy WebLinkAboutDEPT OF ENVIORNMENTAL PROTECTION APPROVAL PAPERWORKConsolidated Environmental Resource Permit and State-owned Submerged Lands Authorization Permit No.: 50-0296934-002-EI PROJECT LOCATION The activity authorized by this Permit is located within the North Fork St. Lucie River within the North Fork St. Lucie Aquatic Preserve, Outstanding Florida Waters, Class III Waters, adjacent to 773 SE Hidden River Drive, Port St. Lucie (Section 27, Township 36 South, Range 40 East), in Palm Beach County (Latitude N 27' 18' 35.3' ; Longitude W 80' 19' 28.9"). PROJECT DESCRIPTION This permit authorizes the installation of 110 In. ft. of riprap to be located a maximum of 7 ft. waterward of the MHWL. This permit authorizes 770 ft2 of impacts to wetlands or other surface waters. Submerged resources are not located within the project boundaries; therefore, there will be no adverse impacts to these resources. Mitigation is not required. The attached standard manatee conditions (version 2011) shall be adhered to during all in -water work. Prior to construction commencement, weighted floating turbidity curtains, extending to within one - foot from the submerged bottom shall be utilized around the project area to ensure that any turbidity resulting from construction activities will be contained within the project boundaries. All water bodies, including any adjacent submerged aquatic vegetation outside the specific limits of construction authorized by this permit shall be protected from erosion, siltation, sedimentation, and/or scouring. AUTHORIZATIONS 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 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 Project Name: Foster-Rhodig Riprap Permit No.: 50-0296934-002-EI Page 2 of 13 of this Letter of Consent, this Letter of Consent may be terminated by the Board of Trustees at its sole option. If the Board of Trustees terminates this Letter of Consent, you agree not to assert a claim or defense against the Board of Trustees arising out of this Letter of Consent. Federal Authorization Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization shall be required from the Corps. You must apply separately to the Corps using the appropriate federal application form (ENG 4345). More information about Corps permitting may be found online in the Jacksonville District Regulatory Division Sourcebook. 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 Ouality 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 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, Project Name: Foster-Rhodig Riprap Permit No.: 50-0296934-002-EI Page 3 of 13 conditions.,. and- drawingsherein: If.you-are-using:a:contractor,.the'corittactor.also.shouldread.and : . understand. _these conditions .arid drawings pnor.:to beginning any :activity. Failure to comply wrth these ..conditions; :including..any rriitigation :reguirernerits, 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 - applicablerules :arid this permit, and sovereignty submerged lands. authorizatiori,'.as described.: _ SPECIFIC CONDITIONS- PROJJ.ECT FORMS-.& ATTACHMENTS (1) The attached proj ect drawings .(s}ieets . l: through: 4); :tlie :Standard Manatee :Conditions: . for ::Itr=Water ::� Work,;• 2011; which , ,can• :be:::downloaded:: at:: cari- :be:::'dowriloaded ::at: http://myfwc:com/media/415448/Nlanaied :StdCoridln waterWork pdf;:. and -:DEP . forms:. --62= 330.310(3);-62-:3.30.310(1);--62=3'30:310(2);. 62=330:340(1-),-and:.62-33.0.350(1),:,which:.may .be:' . -.-.-downloaded.at.http://.www:dep.state:fl.us/water/wetlands/6i /fotrims.htrri.become.part of.this. permit. If.the:permittee,do.es: not have access totheTnternet; pleme,contactthe Depaftineht at (561)-:681=6600. to requestthe aforementioned -forms and/or'document(s).: . . . SPECIFIC CONDITIONS:- PRIOR:TO CONSTRUCTION - - - . - : _ . ::: ::: ::::: : =After-selectiori.Of the=contractor to perfonn'the autho-nzedacti.vities-and prior-to:the. . initiation of aiivw. ork authorized by- this-p:erinit; the:berinittee-.(or authorized agent) -arid the contractor -.'shall.attend-a.pre=construction.conferenco. with .a. representative-of-the'Departine-nt. -.It shall. be the'. . responsibility of the perinttee to contact:the Departirient's Compliance. Assistance Program; by email. SEDERP(a�deg. state. fLus, or by phone.(561-).-68.1,6600; to:schedule the.pre-construction. conference, 6. (3). : Prior:to.the initiation:of any work :authorized by this permit; .floating turbidity curfains with -weighted -skirts that extend.io within one:foot.of:the bottom shall be -placed -around the:project site; and shall :be maintained,and remain iri place for. the duration -'of the project construction -to -ensure. . :. .. . .... that,turbid:discharges; do -.not occur outside. the-boundaries=of t-he-.floating.turbidity. screens. -The -:permittee shall -:be .responsible _for :erisurin that:turbidity control- devices: are inspected -:daily -And maintained:in•good working order during:ail phases --of construction authorized by -this permit until all areas that: were disturbed during construction are suff ciently-stabilized`to prevent: turbid. discharges. SIPECIFIC CONDITIONS.= CONSTRUCTION ACTIVITIES (4):. The riprap shall be.fully constructed, prior to- the placement, of any :backfill material; Any fill material used behind the bulkhead shall -be clean fill and free -of vegetative matter, trash; .tebar; garbage ; -.toxic or. hazardous Waste* 'or any: otherunsuitable. materials:.. : • , : - (5)-- Uprap shall consist .of unconsolidated boulders; rocks : ` or clean. concrete rubble , without.exposed remforcrng rods orsimilar,protrusions. The riprap shall be free of sediment, debris, and toxic or otherwise deleterious'substance The xiprap.shall have a diameter of 12 to.36 inches. - . (6) : The slope of the.riprap shall be no steeper than-2H 1 V: (horizontahvertieal).:The riprap shall extend no: more- than 7: feetvatertvard--from the MHWL . Filter :cloth shall :be placed under -the. riprap :to _prevent sliorelin erosion.::: : (7).:, There shall:be- .no. storage ;or stockpiling :of -tools- and. materials:,6. e_ lumber; .pilings, debris);. along the .shoreline adjacent. to .waters-.of.the state: All. excess. luiriber;. scrap. wood, .trash;. Project:Name; Foster Rhodig Riprap ... , :Perinit-.No:: 50-0296934-0.02=EI: .. - - - Page 4 of 13 - .Weather conditions at times -of sampling - g:. .Tidal stage -and. direction of flow :. _ . . Data :shall be :collected in "a: turbidity log :and. shall :include a statement W the individual responsible :: .:for: implementation .of the .sampling program= attesting :to, the . authenticity; -:precision; aimits of detection, and accuracy of the data:..:The turbidity log -shall. be scanned and -.sent on a.weekly. basis .to the Depar ment's.ERP Compliance.Assurance Program -via email-at-SEDERP(a�,dep:state:fl:us.. The. . adbjedt line: -of ;the email shall - include �ahe proj ect: name; _permit -.number;_' -and. the title. `.`Turliidity" Monitoring: Reports:'.'. .. . . SPECIFIC CONDITIONS :=MANATEE: CONDITIONS (13) . The" permittee "shall comply with the" standard manatee . protection .construction . conditions. listed "in the. attached `.`2011:StandardManatee Conditions. ,for In -Water Work'.' GENERAL :CONDITIONS FOR -:INDIVIDUAL PERMITS. _ . The following general:conditions-are-binding on all individual permits: issued under. chapter62-330,: . F.A'.C:; : except : where the : conditions . are not : applicable: to. the authorized "activity,' :or. where . the conditions must be modified=to accommodate project=specific conditions: activities. shall. be implemented ;following. the. "plans; specirications;= .and performance. criteria .approved by .this .permit. Any' deviations .must . be :authorized- -in - a . penmit. - modi fication, in accordance kith.Rule �62,330:315; F;A, ..Any -deviations that are: not so authorized may subject the permittee to enforcementaction and revocation of the permit under Chapter: 373; F S. (2)- A complete copyof_this permit shall be kept.at-the work site:of the.perin' ''.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 "periri_it prior: to . . b"eginnirig-construction: :: - (3) :: = Activities. shall"be conducted-iria manner that does:not cause or -contribute to violations of state water quality standards:.Perfortnance-based erosion --arid sediment control -best management practices shall b"e.installed iminediately.pri .r,to;.and be. maintained. during.and after. construction. As needed;.to.prevent adverse impacts to the watet.resources and"acijacerit lands::Such practices.shallbe. in accordance -with the State of Florida.Erosion-and Sediment, Control:.Designee-arid Reviewer -Manual . (Florida" Department:.of "Environmental, Protection:.and Florida- Department ,of -Transportation .June :2007), :and the.Florida.Stormwater:Erosion and:Sedimentation'Coritrol.Inspector's,Manual: (Florida Department . of : Environmental. Protection,: Noripoint .Source : Management : Se:ction, "Tallahassee,: Florida,,July 2008);.-"which. are-both-incorporated.byxefere"nce h subparagraph. 62-330:05.0(9)(b)5.; F A:C.;unless a :project_specific erosion and sediment: control approved is :approved or. other waterquah -y . control measures- are required as part of.the .permit:. . . (4) At -least 4.8 hours.prior to beginning -the: authorized.activitiies,-the permittee shall submit to- the'. Agency a."fully: executed: Form:62=330.350(1); "Construction: "Commencement =Notice;" - [October :1; _2013];, which. is". ihcorp-orated b :reference: iri :paragraph : 62-3.30.350(1.)(d):, : F.A..C:,:" . indicating: the expected start and :completion: dates.: A copy :of this :form may lie" obtained from .the- - -Agency, as :described insubsection 62-330.01.0(5);.F:A:C.-.If available; an Agency website that :fulf lls thisnotification requirement -may.be- used in lieu of the- form Project:Name Foster-P&dig )?,iprap :: . . : Perinii..No::. 50-0206934-062=EI: Page:6 of 13 .. . (5) Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity. (6) Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex — "Construction Completion and Inspection Certification for Activities Associated With a Private Single -Family Dwelling Unit" [Form 62-330.310(3)]; or b. For all other activities — "As -Built Certification and Request for Conversion to Operational Phase" [Form 62-330.310(1)]. �c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. (7) If the final operation and maintenance entity is a third party: �a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume I) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. Within 30 days of submittal of the as- built certification, the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity" [Form 62- 330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. (8) The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. I (9) This permit does not: a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; b. Convey to the permittee or create in the permittee any interest in real property; c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. (10) Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. Project Name: Foster-Rhodig Riprap Permit No.: 50-0296934-002-EI Page 7 of 13 (11) The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may -arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. (12) The permittee shall notify the Agency in writing: a. Immediately if any previously submitted information is discovered to be inaccurate; and b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. (13) Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. (14) If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, aliwork shall stop immediately and notification shall be provided in accordance with Section 872.05, F.11 S. (15) Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination underlule 62-330.201, F.A.C., provides otherwise. (16) The permittee shall provide routine maintenance of all components of the storm water management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. (17) This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource -related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. i (18) A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. Project Name: Foster-Rhodig Riprap Permit No.: 50-0296934-002-EI Page 8 of 13 1 i OECIAL CONSENT CONDITIONS 1) The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty submerged lands or the applicant's use and construction of structures on sovereignty submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization. 2) Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of Trustees of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure to enforce or a waiver prevent the Board of Trustees from enforcing the unenforced or waived provision in the event of a violation of that provision. 3) Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty (30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation .of this authorization. 4) All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required .by law will be made by certified mail at the address shown on page one of the authorization. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before the change becomes effective. 5) This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant that prohibits the activity. GENERAL CONDITIONS FOR SOVEREIGNTY SUBMERGED LANDS AUTHORIZATION Any use of sovereignty submerged lands is subject to the following general conditions are binding upon the applicant and are enforceable under Chapter 253, F.S. and Chapter 258, F.S. (1) Sovereignty submerged lands may be used only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use will constitute a violation. Violation of the authorization will result in suspension or revocation of the applicant's use of the sovereignty submerged lands unless cured to the satisfaction of the Board of Trustees. (2) Authorization under Rule 18-21.005, F.A.C., conveys no title to sovereignty submerged lands or water column, nor does it constitute recognition or acknowledgment of any other p rson's title to such land or water. Project Name: Foster-Rhodig Riprap Permit No.: 50-0296934-002-EI Page9of13 V I (3) Authorizations under Rule 18-21.005, F.A.C., may be modified, suspended or revoked in accordance with its terms or the remedies provided in Sections 253.04, F.S. and Chapter 18-14, F.A.C. (4) Structures or activities will be constructed and used to avoid or minimize adverse impacts to resources. (5) Construction, use, or operation of the structure or activity will not adversely affect any species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A- 27.004, and 68A-27.005, F.A.C. (6) Structures or activities will not unreasonably interfere with riparian rights. When a P court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity will be modified in accordance with the court's decision. (7) Structures or activities will not create a navigational hazard. (8) Structures will be maintained in a functional condition and will be repaired or removed ilf they become dilapidated to such an extent that they are no longer functional. (9) Structures or activities will be constructed, operated, and maintained solely for water dependent purposes. (10) The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty submerged lands or the applicant's use and construction of structures on sovereignty submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization. (11) Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of Trustees of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure to enforce or a waiver prevent the Board of Trustees from enforcing the unenforced or waived provision in the event of a violation of that provision. I (12) Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty (30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization. (13) All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified Project Name: Foster-Rhodig Riprap Permit No.: 50-0296934-002-EI Page 10 of 13 mail at the address shown on page one of the authorization. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before the change becomes effective. (14) This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant that prohibits the activity. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is, designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application. Petition for Administrative Hearing A� person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28- 106.201, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, any email address, any facsimile number, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and , (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency.to take with respect to the agency's proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at13900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In! accordance with Rule .62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 14 days of publication of the notice or within 14 days of receipt of the written Project Name: Foster-Rhodig Riprap Permit No.: 50-0296934-002-EI Page 11 of 13 notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant, or any party within the meaning of sections 373.114(1)(a) or 373.4275, Florida Statutes, may also seek appellate review of this order before the Land and Water Adjudicatory Commission under section 373.114(1) or 373.4275, Florida Statutes. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department. Any Party to this Order has the right to seek judicial review of the Order Pursuant to Section 120.68, E.S., by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of the Appellate Procedure, with the clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this Order is filed with the clerk of the Department. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. Project Name: Foster-Rhodig Riprap Permit No.: 50-0296934-002-EI Page 12 of 13 E,kecuted.in West Palm-Beach,:Floricla.. - :- .:..:, ...... -- -- ---. _ .. .. STATE-.OF�FLOM EPARTMENT"OF.ENVIRONMENTAL.PROTECTION . � .. .... Diane Pupa : - . - .: :. = Prograrri Administrator = Permitting..and Waste. Cleanup. -Southey 't District'. .:- : _ :. (7ERTIFICATE OF SERVICE. The'undersigneddulyiiesigriated:deputy:clerkaiereby:certifie :thatthis:per "iit:an'd-.all:copieswere sent on .the filing- date: below to, the following listed :persons _ FDEP--_Diane Pupa. Monica-Sovacool,-EmAkPowell, . FILING AND ACIKNOWLEDGMENT '-. : : • _ - FILED,- on this. date; pursuant -fo .Section 120.52, _F:- _S:,-with the :designated.Department Clerk,: r. 1pt of which ,rs, hereby, acknowledged. _ .... ... :. : Au�ust.29, 201.8::: :Date: :: ::. .... - . :. . : . '.. ... . :l. ... ... ... ... ... ... ... ... .... Attachments:.: : = Project Drawings.and Design Specs.; 4 pages . `. Standard 1Vlanatee:Conditions'for. In=Water- Work, :2Q11, can be downloaded_ at = http://myfwc.corgi/media/41.5448/lklanatee. StdCondIn water-Work.ndf Construction:Completii and Inspection-Certification:for Activities Associated With a: Private -Single-Family Dwelling Unit Form 62--330:3'10(3)* As -built Certification -and Request for Conversion'to�Operatio 'al-Phase�Forin 62-330.310(1)*': Request for. Transfer. to the Perpetual Operation_Exitity Form 62=330:310(2)*. -=. Regiiest.to Transfer-Permif Form.62-330.340(1)!W .. . . . ' Commencement Notice Form 62-330:35.0(1)* *Car' be downloaded: at: http://www.depatate.fl.us/water/wetlands/ero/forms.htm . .. 811 815 05'� •'.{ IM �tl 709 ip b^ r 712. u 787. R . Lsii '. i D a . :' f 't IVY i ji . • � . E Watto Rd 3 IVp y 3 _ ' Oak Hamrilcc P� K-�;'�,,,r F� , - 716 �3 ti r �'. . • . • ' . .. - ' . f, . r' Jensen 4... • 1 _ �.. Reach ei'[nit Number siL }:. x 7o7A' " ocean er a Park 50- ` 296934-002-E.L b y- Riper 11 utheast District . * ;'a a Shores 723 d` �4a Sal .: rl fraRio�,. i k ' ST.= L.UGIE COUNTY:.. �o..:' .. �. az d•�.s = .SECTION 27; TOWNSHIP 3fi:S.O.UTH, RANGE 40 EAST Location :Map:: :. E-..�virQnrnental= .. . Lo-&-.Debra -Rhodig nc:ervice.Tv .7. ..e = '. _ - 1901 SWYellowtailAvenue PortSaint Lucie; FL :34953.:: FOI't $t: LUCI@,: i'i _rl a PCN#. 3427-70l'0022-000.2: ..... ' ....:. Fho6e:.772 15-3997- =.Fax: 772479-4520. www:dlsenvirorinientaiseniices.corri .' ' SCALE; :. N.T.S.:. : : JULY 2018 .'. ' .SHEET 1 of 4 ' :. - Consolidated Environmental Resource Permit and State-owned Submerged Lands Authorization Permit No.: 50-0296934-002-EI PROJECT LOCATION The activity authorized by this Permit is located within the North Fork St. Lucie River within the North Fork St. Lucie Aquatic Preserve, Outstanding Florida Waters, Class III Waters, adjacent to 773 SE Hidden River Drive, Port St. Lucie (Section 27, Township 36 South, Range 40 East), in Palm Beach County (Latitude N 27' 18' 35.3", Longitude W 80' 19' 28.9"). PROJECT DESCRIPTION This permit authorizes the installation of 110 In. ft. of riprap to be located a maximum of 7 ft. waterward of the MHWL. This permit authorizes 770 ftz of impacts to wetlands or other surface waters. Submerged resources are not located within the project boundaries; therefore, there will be no adverse impacts to these resources. Mitigation is not required. The attached standard manatee conditions (version 2011) shall be adhered to during all in -water work. Prior to construction commencement, weighted floating turbidity curtains, extending to within one - foot from the submerged bottom shall be utilized around the project area to ensure that any turbidity resulting from construction activities will be contained within the project boundaries. All water bodies, including any adjacent submerged aquatic vegetation outside the specific limits of construction authorized by this permit shall be protected from erosion, siltation, sedimentation, and/or scouring. AUTHORIZATIONS 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 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 satisfactoryevidence of sufficient upland p 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 Project Name: Foster-Rhodig Riprap Permit No.: 50-0296934-002-EI Page 2 of 13 of this Letter of Consent, this Letter of Consent may be terminated by the Board of Trustees at its sole option. If the Board of Trustees terminates this Letter of Consent, you agree not to assert a claim or defense against the Board of Trustees arising out of this Letter of Consent. Federal Authorization Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization shall be required from the Corps. You must apply separately to the Corps using the appropriate federal application form (ENG 4345). More information about Corps permitting may be found online in the Jacksonville District Regulatory Division Sourcebook. 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, 313 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 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, Project Name: Foster-Rhodig Riprap Permit No.: 50-0296934-002-EI Page 3 of 13 conditions,-. and. drawings herein: If:.you-are using.a. contractor, the contractor. also should xead:.and understand -these .conditions and drawings prior -to beginnin ...any.. activity. Failure .to comply.wifh.. these .,conditions; :including -any =mitigation :requirements, shall_ be': grounds -fore 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 lie fn conformance .with all - applicable rules and this permit; and sovereignty submerged -lands autho'rization,,as described..: _ SPECIFIC CONDITIONS -PROJECT FORMS -A ATTACHMENTS - (1): The-attached:pioject drawings.-(sheets..l: through:4); the -:Standard Manatee:Conditions: for: -In-Water Work,:. 201 L- : which :.-c-an- ' :be:: downloaded:::at :.can- :be::: downloaded:: at: http://ihyfwc:com/med A/415448/Manatee SidCondIn: -waterWork.pdf; and-' . DEP forms - -62 330:310.(3)-62-330.31q(1); - 62-330310(2)� . 62=330;340(1.... and -.62=3.30.350(1), :which: may be: downloaded at-ht!p*-.//Wvrw.dop.stat6.fl.us/,ater/wetlands/erp/forms.htm-become part of this. permit. If the.permittee-does not have. access to the.Interriet, please contact the Department at (561) 681-6600 to request the aforementioned forms and/or document(s). SPECIFIC CONDITIONS: -PRIOR:TO CONSTRUCTION (2) After selection of the contractor lo.perform the authorized activities and prior to: the - initiation ofany work authorized by. this permit; the permittee .(or authorized agent) and: the. contractor. shall .attend a.pre=construction .conference. with .a. representative. of -the Department:.It -shall be the'.. responsibility of the ' rmittee to contactthe Department's Compliance Assistance Program; by email SEDERP(a dep.state.fl-.us, or by phone (561).681-6600. to schedule the pre -construction conference... (3) Prior:to thedhitkttion:of any. work authorized by this permit; floating turbidity curtains -with-Weighted-skirts that. extend -to within one foot of:the bottom -shall be: placed around theproject site; and shall b6 maintained and -remain in place -for the duration of the project construction io.ensure - that turbid- discharges - do ;not. occur .outside. the boundaries. of the. floating . turbidity- screens.. The :permittee shall -.be responsible-for.ensuring that turbidity:control devices. are inspected-. daily and' maintained jn: good working order during all-phases:of construction authorized by -this permit untit all-: areas that were disturbed during construction are suffciently stabilzed`to prevent turbid discharges. . SPECIFIC CONDITIONS- CONSTRUCTION ACTIVITIES (4) The riprap shall .be'.fully constructed; prior to, the placement of any backfill:materiaL Any fill material -used behind the -bulkhead shall.be.clean- fill and free.of vegetative matter, trash; rebar, garbage;'toxic or. hazardous waste; or any -other unsuitable materials..- : - - (5)-- - Riprap- shall consist"o'f unconsolidated boulders; -rocks; --or clean. -concrete rubble without.exposed reinforcing rods:or similar protrusions: The rprap shall be free. of sediment;:deb' 's - and toxic _or otherwise -deleterious substance. The riprap.shall liave a. diameter of 12 to 36 inches: (6) The slope of the.riprap-shall be no steeper than 2H: IV- (horizontal:vertical). The rprap shall extend no more than- 7: feef waterward from the MHWU .Filter :cloth shall be placed under the. riprapao:prevent shoreline -erosion.: ..... (7)- : There shall: be .no. storage or :stockpiling of -tools- and. materials: (i.e.; lumber. pilings, : debris),.` along -the .shoreline adjacent to waters :of tlie-state:.All. excess- lumber;. scrap wood; trash;- froject-Name: Foster-Rhodig Riprap Permit No:: 50;0296934-o02-EI: - Page 4 .of 13 garbage; and.any other type. of debris_ shall be .removed from.wetlands/waters of the state: withiri:l4 days -of -completion- of -the - work-. authorized in. this permit:. All construction. equipment/tools and :materials _shall-: be : transported, to'-, and.from the. site via :upland: roadways :and-- barges and: all :. . equipment/tools: and materials, shall :be: stored on :the uplands.: = (8) Watercraft .associated :with . the' construction. of _the .permitted structure -shall operate . within w6fers,of.sufficiei t.depth to-preclude-bottom-scounngl prop dredging or damage to.submerged . bottom or'submerged resources. During'all construstion,activities .there -shall be:a-minimum of_l-foot ... . clearance between'the draft -of the construction vessel/barge and the submerged bottom::. SPECIFIC CONDITIONS _ MONITORING/REPORTING REQUIREMENTS: (9) = Turbi.dity.Ievdls'-outside the .construction area .shall- riot 'exceed-.O-- NTU's above background :levels.:. The .following, measures. shall. be taken. immediately- by. the. permittee whenever .turbidity levels within *waters. of the 'State -.surrounding the. proj ect`site .exceed .0. NTUs --above background:. a.: Notify fhe .Department af.(561)_ 68:1=6600' at-the-tirne:ihe violation'isfirst:detected. = = b::: - -Immediately cease all -work contributing :to :the water quality violation. c.: Stabilize all exposed soils contributing to the violation Modify the: work procedures that were responsible for thewiolation, iiistall-more turbiditycontamment devices; and - - repair,any non-functional.turbid ity.containment devices. . d.: As .required, perform turbidity: monitoring per Specific :Conditions: e.- - Resume :construction .activities once turbidity: levels :outside:.turbidity curtains fall.. :below 0_NTUs.: ` .. .... , ... ... .. . - (10) Water -turbidity levels shall be -monitored if a,turbidity-plume is observed outside the limtts-of'the requiredturbidity-contiol�devices. Samples -shall be taken every foui- hours until. turbidity.. . subsides - at . one foot- above -the bottom; .�mi&depth, and one -foot � below the _surface: at monitoring._ :stations-located:as follows::'.': =a. Approximately--100 feetup=currefifof-the:work sites-and_clearly.outaide the influence of.coiistruction.activities..(Thi .shall. .serve :as the. natural. background sample against -which. other turbidity readings. shall:be.compared.-). b: Directly outside the turbidity curtains surroundinjhe work .sites and within: the densest -portion. of -any -visible: turbidity plumb; ...(This : sample :shall serve -as. the :compliance -.sample.) During dredging activities,.:the: perimttee . or, .permittee's -contractor. shall collect the following turbidity .monitoring data -at_ the frequency and. water - depths directed:. by- the Specif.c. Condition. above:. .... ..... ...... ..... a.: Date: and time of sampling event --- - ---- : b:. .: Turbidity: sampling : results (background : NTUs; compliance NTUs::and`- the :: difference between :them) c. Description of.data:collectiori. methods d:. An_ aerial map indicating the sampling locations. - e. ' . '.Depth of. sairiple(s) .. :. Pro'ectName: Foster- odi Ri ra J g.."P P::: : PerinitNo: 50-029693470.02=EI: Page:5 of 13 f. - Weather conditons'at-tiriies.of sampling . ,. - g:. - � Tidal stage-and.direction of flow ......... . Data shall be collected in a: turbidity log .and shall include -'a .statement by- the individual"responsible for implementation ' of 'the:.sainpling. program attesting to =the . authenticity;. precision -Ai m1ts of detection; .and accuracy of the :data..:The turbidityl' -shall be scan' edand.sent.on- a.weekly. basis ao . the Department's:ERP Compliance. Assurance Program_ -via email at SEDERP(adepatate:fl:iis:. The. subject. line. of the.emaiI-shall.include�ahe project name;:permit.number;, :and 'the 'title Turbidity :. Monitoring Reports:". SPECIFIC CONDITIONS := MANATEE: CONDITIONS (13) : The permittee: shall corn, b , with the. standard manatee .protection .:construction - conditions.listed: in the.attached `'2011:Standard. Manatee. Conditions: for In -Water Work'.':. GENERAL :CONDITIONS FOR:INDIVIDUAL PERMITS. . The following generalconditions are binding.on all individual permits: issued under chapter62-330, :: -- F.A-.C:; : except where :the': conditions. are not : applicableAo_ .the authorized: activity, :or. where . the..- c6nditi6h9 must :b6niodifxed:to: accommodate project -specific conditions.: All.:.activities. shall: :.iriiplemeiited :.following.- the, plans, specifications: and performance. criteria .approved by .this .permit.". Any deviations . must . be . authorized. in . a . permit- modification_in:-accordance with -.Rule 62-330.3�15- RA.C. Any deviations that :hot so'authorized ma subject the permittee .to enforcement-actk and revocation .of the permit under Chapter 373; F.S.:. 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. shalfbe conducted i- amanner that'does:not cause orcontribute towiolations " of state -water quality standards: Performance based erosion -and sediment control best Management practices _shall lie. installed immediately -prior .to, and be maintained :during and after. construction as. ri e04ed-jop' event adverse impacts-io_the-water resources.and-adjacentlands::Such practices shall be in accordance with the State of Florida Eiosion.and Sediment.Control Designer-aridReviewer 1Vlanual- (Florida Department_:of Environmental-Protection:.and�Florida Department of -Transportafion.June :2607), :and: the Florida,Storm'Water Erosion_ and: Sedimentation: Colntrol- Inspector's Manual: (Florida Department. of: -Environmental Protection,: Nonpoint :Source: Management :Section,: Tallahassee,: Florida, July20.08);-wahich are -both- incorporated.byreferencei-ri subparagraph 62-330:05.0(9)(b)5.; F.A.C-., unless aproject-specific erosion and sediment control plan is:approved orother water:qualitj! :control measures" are required as part- of the permit:. (4) At least 48 hours.prior to beginning the: authorized. activities, the:permittee shall. submit to; the Agency. a. fully:*executed: Form :62=330.350(1),'. "Construction:":Commencement :Notice,". [October :1:;.2013];. which is' incorporated by :reference: in :para graph: 62-330.350(1)(d),: F.A:C:,: :indicating the expected` start and.c"omplefon:dat' s. A copy of.this. form in" be-obtained`fromthe. - Agency, as described in subsection 62. 330.01.0(5);.F.A.C. Ifavailable; an. Agency website that:fulfils this.notificationrequirement1'.b.e,used-in-lieu.of.theform:.: - ... ... Project:Name: Foster-Rhodig Riprap - ::. :Perinit.N' 50-0296934-0.02=EI: Page 6 of 13 ... .... ... . .... . (5) Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity. (6) Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex — "Construction Completion and Inspection Certification for Activities Associated With a Private Single -Family Dwelling Unit" [Form 62-330.310(3)]; or b. For all other activities — "As -Built Certification and Request for Conversion to Operational Phase" [Form 62-330.310(1)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. (7) If the final operation and maintenance entity is a third party: a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume 1) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b. Within 30 days of submittal of the as- built certification, the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity" [Form 62- 330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. (8) The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. (9) This permit does not: a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; b. Convey to the permittee or create in the permittee any interest in real property; c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. (10) Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. Project Name: Foster-Rhodig Riprap Permit No.: 50-0296934-002-EI Page 7 of 13 (11) The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. (12) The permittee shall notify the Agency in writing: a. Immediately if any previously submitted information is discovered to be inaccurate; and b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. (13) Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. (14) If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The pernnittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F'.S. (15) Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise. (16) The permittee shall provide routine maintenance of all components of the storm water management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. (17) This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource -related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. (18) A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. Project Name: Foster-Rhodig Riprap Permit No.: 50-0296934-002-EI Page 8 of 13 SPECIAL CONSENT CONDITIONS 1) The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty submerged lands or the applicant's use and construction of structures on sovereignty submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization. 2) Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of Trustees of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure to enforce or a waiver prevent the Board of Trustees from enforcing the unenforced or waived provision in the event of a violation of that provision. 3) Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty (30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization. 4) All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the authorization. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before the change becomes effective. 5) This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant that prohibits the activity. GENERAL CONDITIONS FOR SOVEREIGNTY SUBMERGED LANDS AUTHORIZATION Any use of sovereignty submerged lands is subject to the following general conditions are binding upon the applicant and are enforceable under Chapter 253, F.S. and Chapter 258, F.S. (1) Sovereignty submerged lands may be used only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use will constitute a violation. Violation of the authorization will result in suspension or revocation of the applicant's use of the sovereignty submerged lands unless cured to the satisfaction of the Board of Trustees. (2) Authorization under Rule 18-21.005, F.A.C., conveys no title to sovereignty submerged lands or water column, nor does it constitute recognition or acknowledgment of any other person's title to such land or water. Project Name: Foster-Rhodig Riprap Permit No.: 50-0296934-002-EI Page 9 of 13 (3) Authorizations under Rule 18-21.005, F.A.C., may be modified, suspended or revoked in accordance with its terms or the remedies provided in Sections 253.04, F.S. and Chapter 18-14, F.A.C. (4) Structures or activities will be constructed and used to avoid or minimize adverse impacts to resources. (5) Construction, use, or operation of the structure or activity will not adversely affect any species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A- 27.004, and 68A-27.005, F.A.C. (6) Structures or activities will not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity will be modified in accordance with the court's decision. (7) Structures or activities will not create a navigational hazard. (8) Structures will be maintained in a functional condition and will be repaired or removed if they become dilapidated to such an extent that they are no longer functional. (9) Structures or activities will be constructed, operated, and maintained solely for water dependent purposes. (10) The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty submerged lands or the applicant's use and construction of structures on sovereignty submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization. (11) Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of Trustees of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure to enforce or a waiver prevent the Board of Trustees from enforcing the unenforced or waived provision in the event of a violation of that provision. (12) Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to, comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns.- Upon receipt of such notice, the applicant or its successors or assigns will have thirty (30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization. (13) All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified Project Name: Foster-Rhodig Riprap Permit No.: 50-0296934-002-EI Page 10 of 13 mail at the address shown on page one of the authorization. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before the change becomes effective. (14) This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant that prohibits the activity. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application. Petition for Administrative Hearing A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28- 106.201, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, any email address, any facsimile number, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at-3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 14 days of publication of the notice or within 14 days of receipt of the written Project Name: Foster-Rhodig Riprap Permit No.: 50-0296934-002-EI Page 11 of 13 notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good,cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant, or any party within the meaning of sections 373.114(1)(a) or 373.4275, Florida Statutes, may also seek appellate review of this order before the Land and Water Adjudicatory Commission under section 373.114(1) or 373.4275, Florida Statutes. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department. Any Party to this Order has the right to seek judicial review of the Order Pursuant to Section 120.68, F.S., by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of the Appellate Procedure, with the clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this Order is filed with the clerk of the Department. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. Project Name: Foster-Rhodig Riprap Permit No.: 50-0296934-002-EI Page 12 of 13 .. - - -- .. .. .. .. Executedm.west Pdai-Beacli,-Florida. STATE --OF FLO EPARTMENT OF_ENVIRONMENTAL.PROTECTION Diarie-.Pupa . :. Program- Administrator.=. Permitting -.and Waste- Cleanup . Southeast District ': ' . CERTIFICATE OYSERVICE The undersigned duly designated:deputy:clerk:hereby certifies that this permit:and all:copies were sent on .the filing date below to the following. listed persons:. FDEP.- Diane Pupd.Mo'nica'Sovacool, -Eiriily_Powell, - .... _ FILING AND -ACKNOWLEDGMENT FILED,. on tliis. date;. pursuant.to Section 120.52,:F.- -S. with.the designated .Department Clerk, receipt of whieli. is, hereby- acknowledged. _ = August 29; 201-8::: Clerk . :Date".:: ... .... ..... . ....