FDEP Mid Town Mitigation (0164713 010 JN)

7/30/2019 FDEP Mid Town Mitigation (0164713 010 JN)

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FLORIDA DEPARTMENT OF

ENVIRONMENTAL PROTECTION

MARJORY STONEMAN DOUGLAS BUILDING

3900 COMMONWEALTH BOULEVARD

TALLAHASSEE, FLORIDA 32399-3000

RICK SCOTT

GOVERNOR

HERSCHEL T. VINYARD JR.

SECRETARY

April 26, 2013

Town of Palm Beach

Public Works Department

Attn: Robert WeberPO Box 2029

Palm Beach, FL 33480

Permit Modification No. 0164713-010-JNPermit No. 0164713-001-JC, Palm Beach County

Mid-Town Mitigation Modification

Dear Mr. Weber:

The Department has reviewed your hardbottom impact analysis of the 2003 and 2006nourishment events for the Mid-Town Beach Nourishment project, as well as your proposed

mitigation activities. The Department has determined that the proposed mitigation activities will

offset those unanticipated temporary impacts, and is authorizing the mitigative activities throughthis administrative permit modification.

On May 14, 2002, the Department issued Joint Coastal Permit No. 0164713-001-JC to the Town

of Palm Beach, to conduct a beach nourishment project located in the central portion of theTown of Palm Beach. The permit authorized placement of approximately 1.4 million cubic

yards of sand along 2.4 miles of eroding shoreline, between DEP reference monuments R-90.4

and R-101.4, using sediment from two offshore borrow areas. The approved borrow areas for

the project are located south of the Lake Worth Inlet and offshore of R-80 and R-85. During thefirst nourishment event under this permit, approximately 1.27 million cubic yards of sand were

placed between January and March of 2003. The second nourishment event occurred in the

winter of 2006 and placed 750,000 cubic yards of sand in the permitted template.

For additional background, please see the Consolidated Notice of Intent to Issue for Joint Coastal

Permit (JCP) No. 0164713-001-JC, dated February 6, 2001, available at the following website:

http://bcs.dep.state.fl.us/env-prmt/palm_bch/issued/0164713%20_Mid-

Town_Beach_Renourishment/001-JC/Intent/

On June 6, 2006, the Department issued permit modification No. 0164713-002-EM, which

authorized the placement of bypassed sand from the Palm Beach Harbor Maintenance DredgingProject (Permit Nos. 0216012-001-JC and 0216012-007-JC) within the approved Mid-Town
http://bcs.dep.state.fl.us/env-prmt/palm_bch/issued/0164713%20_Mid-Town_Beach_Renourishment/001-JC/Intent/http://bcs.dep.state.fl.us/env-prmt/palm_bch/issued/0164713%20_Mid-Town_Beach_Renourishment/001-JC/Intent/http://bcs.dep.state.fl.us/env-prmt/palm_bch/issued/0164713%20_Mid-Town_Beach_Renourishment/001-JC/Intent/http://bcs.dep.state.fl.us/env-prmt/palm_bch/issued/0164713%20_Mid-Town_Beach_Renourishment/001-JC/Intent/http://bcs.dep.state.fl.us/env-prmt/palm_bch/issued/0164713%20_Mid-Town_Beach_Renourishment/001-JC/Intent/


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Notice of Permit Modification

Permit Modification No. 0164713-010-JN

Mid-Town Beach Nourishment

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template. To date, no material from the Palm Beach Harbor project has been placed in the Mid-

Town template under this permit.

Permit Modification No. 0164713-003-EM was issued on February 26, 2006. This modification

extended the beach construction activity window for the 2006 nourishment event by an

additional 30 days, through March 30. The permit modification also updated specific condition13 to include additional monitoring and protection measures for sea turtles from March 1 to May

1, 2006.

On September 20, 2010, the Department issued Permit Modification No. 0164713-004-JN,which authorized the placement of approximately 52,000 cubic yards of truck-hauled sand

between R-95 and R-100. The authorized upland source was the Ortona Mine, and the material

was delivered to the project area through previously authorized access sites.

On April 21, 2011, the Department issued a de minimis exemption (No. 0164713-005-BE) to

Applied Technology and Management, Inc. for the collection of vibracores from offshore areas

immediately north and south of the Lake Worth Inlet. The purpose of this geotechnicalinvestigation was to characterize the quality and beach compatibility of sand in potential borrow

areas for future beach nourishment projects.

Permit No. 0164713-001-JC originally required a mitigation ratio of 3:1 for any unanticipated

hardbottom impacts from the Mid-Town Beach Nourishment Project. However, after that permit

was issued, the Florida Legislature mandated the use of the Uniform Mitigation Assessment

Method (UMAM) for all resource mitigation. Therefore, Permit Modification No. 0164713-006-

JN was issued on June 22, 2011, to authorize the use of UMAM, pursuant to Chapter 62-345,Florida Administrative Code (F.A.C.), in the evaluation of the mitigation requirements for the

impacts to hardbottom, which occurred as a result of 2003 and 2006 nourishment events.

On July 9, 2012, a statutory time extension (File No. 0164713-008-JN) was issued, pursuant to

the provisions of Section 24 of Chapter 2012-205 Laws of Florida (House Bill 503), to extend

the expiration date of Permit No. 0164713-001-JC from May 14, 2012 to May 14, 2014.

BACKGROUND / JUSTIFICATION

This modification authorizes mitigation to compensate for unanticipated temporary impacts fromthe 2003 and 2006 Mid-Town Nourishment Projects. The permit required annual hardbottom

monitoring to occur in areas adjacent to the project. The hardbottom monitoring plan for the2006 nourishment project required annual monitoring of nine 200-meter permanent cross-shore

transects adjacent to the project fill area to evaluate potential project-related impacts to nearshore

hardbottom. Although the monitoring program did not extend seaward of the 200-meter cross-shore transects, the Permittee evaluated in situ data from the Southeast Florida Coral Reef

Evaluation and Monitoring Project (SECREMP) in consideration of potential impacts to


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intermediate/offshore hardbottom habitat in the project area. SECREMP Monitoring Site PB 1,

which was installed in June 2003, is located just offshore of the 200-meter endpoint of Transect

R-97, in a water depth of approximately 25 feet (8 meters); the station has been monitoredannually since 2003.

The area of temporary impacts was estimated in GIS through a detailed analysis of the sedimentline-intercept monitoring data from the permanent transects for the 2003 and 2006 projects, the

October 2011 diver-mapped nearshore hardbottom edge, and the temporary transect sediment

data from October 2011. The impact area in the vicinity of Site PB 1 was determined through

analysis of hardbottom exposure in aerial photography using GIS and evaluation of the annual insitu monitoring program data. Impacts to ecological functions of hardbottom were estimated in

UMAM using the in situ benthic community monitoring data from the permanent transects.

The total amount of temporarily impacted hardbottom adjacent to the project was estimated to be24.63 acres, utilizing the data collected from project required monitoring. An additional 1.65

acres in the intermediate/offshore hardbottom area just offshore of Transect R-97 was estimated

to be impacted using the SECREMP PB-1 data. All of the hardbottom that had been buried bythe project is now re-exposed. Therefore, the mitigation will be primarily for the temporary loss

or reduction in functions (time lag).

Four mitigation activities were developed to offset the temporary impacts to the hardbottom

habitats: 1) 1.5 acres of artificial reef shall be constructed in the nearshore area (water depths

less than 20 feet) as replacement habitat for ephemeral nearshore hardbottom communities

dominated by macroalgae and turf algae; 2) 1.5 acres of coral nursery habitat (artificial reef)

shall be constructed in the intermediate/offshore areas (water depths between 25 feet and 55 feet)to provide receiver sites with suitable substrate for corals of opportunity (i.e. orphan corals); 3)

5,000 corals of opportunity shall be salvaged and attached at the coral nursery sites over a ten-year period (average of 500 corals/year); and 4) transplantation of corals from the nursery to

natural hardbottom to increase recruitment potential.

The nearshore 1.5-acre artificial reef shall be constructed as one acre of low-relief reef and one-half (0.5) acre of intermediate and high-relief reef using a combination of limestone boulders

(single or double-stacked array) and low-relief concrete modules with a limestone boulder

surface layer. The artificial reefs shall be placed in the nearshore and intermediate depth zonesfollowing the design of the FDEP nearshore hardbottom mitigation study to address the

questions of appropriate design of artificial reefs to restore ecological functions of nearshorehardbottom and provide functions with respect to differing water depths and relief features.

The 1.5 acres of coral nursery habitat will provide high-complexity/high-relief artificial reef to

increase available surface area for corals of opportunity and optimal substrate for coral

recruitment/survivorship. Corals shall be temporarily attached at the nursery sites and harvestedfor reef restoration projects following injury events and transplanted to natural hardbottom to

increase recruitment potential. The new coral nursery habitats shall be constructed in sandy


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areas with an average sand thickness not less than 0.3 meters and not more than 0.6 meters

(approximately 1 to 2 feet).

The coral nurseries shall be actively managed to enhance coral recruitment and promote

survivorship through long-term maintenance activities. The ecological lift associated with the

reattachment of orphan corals on natural hardbottom was determined by estimation of benefitsassociated with increased larval supply, increased diversity, and stimulant for coral recruitment

in the area surrounding the direct transplantation area. The coral nurseries will service 17 acres

of direct influence through the reattachment of scleractinian coral and octocorals at a density of

302 colonies/acre. Based on best available science and reasonable professional assumptions, a 1-acre transplant receiver site will positively benefit a 1-acre area around the receiver site for a

total improvement in location and landscape support functions over 34 acres.

Increases in local recruitment of scleractinian corals and octocorals are also expected within asecondary 1-acre area around the coral transplant receiver site and 1-acre primary lift area. The

secondary lift area is at a distance of 13 to 23 meters (43 to 75 feet) from the periphery of the

coral transplant receiver site; the coral transplants will increase larval dispersal and recruitmentpotential for an additional 17 acres outside of the transplant area and primary area, but the

ecological benefits are substantially less due to the increased distance from the transplants. The

total area of ecological lift from the 17 acres of direct transplantation is 34 acres.

The nearshore mitigation reef will be placed adjacent to the Phipps 3.1 acre mitigation site. This

area is within the previously investigated area for the existing artificial reef and should provide

adequate area for placement of 1.5 acres of new artificial reef substrate.

Intermediate depth and offshore coral nurseries shall yield a total of 1.5 acres of created nursery

habitat. In July 2007, the Town of Palm Beach constructed a 0.8-acre mitigation artificial reefoffshore of R-105, as part of the federal mitigation requirement in Permit No. SAJ-2000-380 (IP-

PLC) from the U.S. Army Corps of Engineers (Corps) for the 2006 Phipps Ocean Park Beach

Restoration Project. This 0.8 acre reef was not required by the Department, as the Department

determined that impacts associated with the 2006 Phipps Ocean Park were mitigated for by the

construction of a nearshore 3.1-acre artificial reef in 2004. Later, the Department gave approvalto the Town of Palm Beach and the Corps to utilize 0.12 acres of the 0.8-acre artificial reef as

compensatory mitigation for impacts to a patch reef located between R-78 and R-79 in the

equilibrium toe of fill for the Palm Beach Harbor Maintenance Dredging Program (Permit No.

0216012-007-JC, and an update to Permit No. 0165332-007-JC). Thus, the Department can stillaccept 0.68 acres of this reef as mitigation with the establishment of a coral nursery. In addition

to this 0.68-acre existing artificial reef, the Permittee will construct 0.82 acres of new artificial

reef to establish the 1.5-acres of coral nursery.

This permit modification shall authorize the 0.68 acres of mitigation reef remaining at the 0.8-

acre mitigation artificial reef site to become an actively managed coral nursery habitat to

partially offset the temporary impacts of the 2003 and 2006 Midtown Project. Therefore, the


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Town shall construct the remaining balance of 0.82 acres of coral nursery artificial reef required

by this modification. The 0.82 acres of new coral nursery substrate shall be placed in up to three

locations in water depths between 30 feet and 55 feet (8 to 15 meters) near the Mid-TownProject. These sites shall be authorized in a subsequent modification once location details are

finalized and approved by the Department.

In addition to the existing 0.68 acres of artificial reef at the 0.8-acre mitigation artificial reef site,

located offshore of R-105, the seaward portion of the Breakers Rock Pile shall serve as a coral

nursery site during Year 1 of the coral nursery program for the orphan corals salvaged from the

Port of Palm Beach Slip 3.

STAFF ASSESSMENT

Staff have reviewed the impact analysis provided by the Permittee, and have worked with thePermittee to conduct a UMAM assessment of the proposed mitigation. The mitigation will

offset the temporary impact of acreage to the hardbottom adjacent to the Mid-Town project site.

The creation of an ephemeral mitigation reef will provide additional ephemeral habitat in orderto compensate for the temporary functional loss of the ephemeral habitat from the 2003 and 2006

nourishment events. The alternative mitigation strategies will also offer habitat enhancement of

impacted areas, in order to better offset the functional loss of habitat realized in the temporaryimpacts associated with the Mid-Town projects in 2003 and 2006.

The project description shall be revised as follows (strikethroughs are deletions, underlines are

additions):

PROJECT DESCRIPTION:

The project is to construct a 2.4 mile beach nourishment project located in the central

portion of the Town of Palm Beach between DEP reference monument R-90.4 and R-

101.4. Approximately 1.4 million cubic yards of compatible beach sand is to be dredgedfrom a borrow area located south of the Lake Worth Inlet, which was partially utilized for

the 1995 Mid-Town Nourishment Project. If beach-quality sand becomes available from

the maintenance dredging of Lake Worth Inlet by the U.S. Army Corps of Engineersunder Permit No. 0216012-001-JC, it may also be used as fill material for the portion of

this beach template located between R-95+108 feet and R-101.4. The original beach fillprofile consists of a +9 ft. NGVD berm with an average construction berm width of 180

ft.

In 2010/2011, approximately 52,000 cubic yards of sand will be placed within a portion

of the previously permitted berm template, with a 1:10 (vertical:horizontal) slope at theseaward face of the berm. The crest will merge with the existing beach at an elevation of

+9 feet NGVD (+7.47 feet NAVD), and have an occasional top slope of 1:50


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(vertical:horizontal). The sand for the project will be truck hauled from the Ortona Mine,

and will be delivered to the beach through previously permitted access sites.

In order to mitigate for unanticipated temporary impacts to 24.63 acres of nearshore

hardbottom and 1.65 acres of offshore hardbottom resulting from the 2003 and 2006

nourishment projects, the Permittee will construct a 1.5 acre mitigation reef in thenearshore area. Additionally, the Permittee will construct 0.82 acres of artificial reef in

the intermediate/offshore areas to be used in conjunction with the 0.68 acres of existing

artificial reef at the 0.8-acre intermediate mitigation site located offshore of R-105, in

order to establish 1.5 acres of artificial substrate to be adaptively managed as coralnurseries. The nurseries will be the recipient sites for approximately 5000 orphaned

corals over 10 years, with subsequent transplantation of corals from the nursery to natural

hardbottom. The coral nurseries will service 51 acres of impaired habitat, and will

enhance the gene flow, larval distribution and functionality of that area.

The proprietary authorization shall be revised as follows (strikethroughs are deletions, underlinesare additions):

As staff to the Board of Trustees, the Department has reviewed the project describedbelow, and has determined that the beach fill placement area and pipeline corridors, and

artificial reef and coral nursery locations qualify for a consent to use sovereign,

submerged lands, as long as the work performed is located within the boundaries as

described herein and is consistent with the terms and conditions herein. Therefore,

consent is hereby granted, pursuant to Chapter 253.77, F.S., to perform the activity on thespecified sovereign submerged lands.

The specific conditions shall be revised as follows (strikethroughs are deletions, underlines are

additions):

3. No work shall be conducted under this permit for the initial or subsequent beach

nourishment events until the permittee has received a written notice to proceed

from the Department. At least 14 days prior to the requested date of issuance ofthe notice to proceed, the permittee shall submit the items below. For the

2010/2011 nourishment activity, sub-items d, e and f shall not apply. For postnourishment mitigation activities, only items b, e (if any changes from previous

submittal) and g shall apply.

a. Final plans, specifications, and vessel operations plan - full size copies. Twocopies of detailed final construction plans and specifications for all authorizedactivities. These documents shall be signed and sealed by the design engineer,

who must be registered in the State of Florida, and shall bear the certifications


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specified in Rule 62B-41.007(4), F.A.C. The plans and specifications shall

include a description of the beach construction methods to be utilized and

drawings and surveys which show all biological resources and work spaces(e.g. anchoring area, pipeline corridors, staging areas, boat access corridors,

etc.) to be used for this project. The Department may request additional

information as necessary in order to review each subsequent nourishmentevent. Department approval for subsequent events may be contingent upon

the permittees acceptance of additional conditions which may be determined

to be appropriate based upon data submitted to the Department in support of

your request or upon the results of previous monitoring data.

b. Final plans and specifications - electronic copies. The information providedin section (a) above shall also be provided to the Office in electronic format,

on compact diskette or other electronic media. Electronic submittals shall bein ArcViewGIS or AutoCAD format or similar, compatible format and clearly

referenced as to datum and projection. Electronic files shall be accompanied

by corresponding information as to dates of and responsible partiesperforming all associated data collection and any other pertinent information

about the data collection. Stability analysis, including sand depth probes,

shall be provided for artificial reef construction.

c. Turbidity monitoring qualifications. Construction at the project site shall bemonitored closely to assure that turbidity levels do not exceed the compliance

standards established in this permit. Accordingly, an individual familiar with

beach construction techniques and turbidity monitoring shall be present at alltimes when fill material is discharged on the beach. This individual shall have

authority to alter construction techniques or shut down the dredging or beachconstruction operations if turbidity levels exceed the compliance standards

established in this permit. The names and qualifications of those individuals

performing these functions along with 24-hour contact information shall be

submitted for approval.

d. Biological Monitoring Plan. Prior to construction the permittee shall submitto the Office of Beaches and Coastal Systems a biological monitoring plandesigned to detect and quantify indirect impacts to the natural nearshore reef,

the Breaker's Rock Pile, and the pipeline corridor. The plan shall define thesurvey area based upon the potential for indirect impacts that may occur

within 5 years of construction due to the equilibration or spreading of sand.Pre-construction monitoring shall be conducted as a baseline and compared to

post-construction monitoring to determine the extent of indirect filling and

degradation. At a minimum, the monitoring plan shall include the informationspecified in the guidelines presented in Attachment A. Construction shall not

begin until the Office of Beaches & Coastal Systems issue a Notice to Proceed


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indicating that the Department has approved this monitoring plan.

e. Biological monitoring qualifications. The names and qualifications of thoseindividuals performing the biological monitoring shall be submitted for

department approval. All biological monitoring required by this permit shall

be conducted by individuals having a good working knowledge of marine fish,marine turtles, algae, coral, and sponge taxonomy.

f. Derelict Structure Removal Plan. Prior to construction the permittee shallsubmit to the Office of Beaches and Coastal Systems a derelict structureremoval plan for approval. The plan shall include delineation of the

boundaries of the Breakers Rock Pile, derelict sheetpile and any other derelict

structures present in the area and shall provide a timeline for removal in

relation with the beach restoration activities. The delineation shall indicateareas of concern as indicated by the State Historic Preservation Office, areas

highly utilized for recreational activities and areas of concern to public safety.

Upon approval of the plan, the permittee shall remove all derelict structuresidentified prior to construction as indicated in Specific Condition 16.

g. Biological Mitigation and Coral Nursery Plan. Prior to the mitigationactivities, the Permittee shall submit a complete mitigation and coral nursery

plan that outlines all processes involved in the establishment of the coral

nursery and other mitigation activities.

Mitigation Reef, Coral Nursery and Transplant Plant and Success Determination:

20. The Permittee shall construct a 1.5-acre nearshore limestone artificial reef, to

partially mitigate for unanticipated temporary impacts to nearshore hardbottom

habitat. Additionally, 1.5 acres of coral nursery sites shall be established using

0.68 acres of existing artificial reef at the 0.8-acre intermediate mitigation site,which is located offshore of R-105, and construction of 0.82 acres of new

artificial reef. The 0.82-acre artificial reef shall be constructed of limestone

boulders, placed in intermediate/offshore areas (water depths between 25 feet and55 feet). The 1.5-acres of coral nursery shall be actively managed to promote

recruitment. The coral nurseries will service 17 acres of natural hardbottomreceiver sites, by the reattachment of stony coral and octocorals colonies at a rate

of 302 corals attached per acre. These direct reattachment areas (totaling 17acres) are intended to provide benefits to both a primary, and immediately

adjacent area of 17 acres and a secondary area (with lesser influence and outside

of the primary area) of 17 acres.


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The mitigation strategy shall include locating approximately 5000 orphaned

corals to be salvaged and reattached to the nursery sites, at a rate of 500 corals per

year for 10 years, in order to achieve a mean density of 0.55 corals per squaremeter. For the first year, donor corals are authorized to be harvested from an

authorized impact site at the Port of Palm Beach Slip 3 bulkhead replacement

project. These corals will serve as all or part of the initial 500 coral transplantsrequired in the first year. If more than 500 corals are transplanted from the

bulkhead site, these shall count towards the second year of coral relocation

requirements.

21. Coral nurseries shall be located at the following sites: 1) breakers rock pile; 2)

within 0.68 acres of the Town of Palm Beach 0.8 acre mitigation reef; 3) up to

three intermediate locations totaling 0.82 acres, to be authorized in a subsequent

modification.

22. Following construction of the artificial reefs, the Permittee shall complete the

Florida Fish & Wildlife Conservation Commissions FLORIDA ARTIF ICIAL

REEF MATERIALS PLACEMENT REPORT AND POST-DEPLOYMENT

NOTIFICATIONusingthe form provided on their web page:

http://myfwc.com/docs/Conservation/FWCArtificialReefMaterialPlacementRepor

t.pdf.

Within 30 days following construction, the completed form shall be submitted to

the Florida Fish & Wildlife Conservation Commission, Division of MarineFisheries, Artificial Reef Program, 620 S. Meridian Street, Tallahassee, FL 32399

and a copy e-mailed to the JCP Compliance Officer. In addition to attaching thecompleted form, please indicate on the e-mail that the information is being

submitted for the Mid-Town Mitigation Modification, Permit No. 164712-010-

JN.

The set of approved permit drawings shall be revised as follows:

Mitigation drawings shall be added to the set of approved project drawings.

After thorough review of your application, staff finds that the proposed modification is not

expected to adversely affect water qualityor be contrary to the public interest. Staff has alsodetermined that the proposed alteration does not increase the potential for adverse impact on the

coastal system, public beach access seaward of the mean high water line or nesting sea turtles

and hatchlings and their habitat, and that the proposed alteration does not reduce the designadequacy of the project. Since the proposed modification is not expected to result in any adverse

environmental impact or water quality degradation, the permit is hereby modified oras stated
http://myfwc.com/docs/Conservation/FWCArtificialReefMaterialPlacementReport.pdfhttp://myfwc.com/docs/Conservation/FWCArtificialReefMaterialPlacementReport.pdfhttp://myfwc.com/docs/Conservation/FWCArtificialReefMaterialPlacementReport.pdfhttp://myfwc.com/docs/Conservation/FWCArtificialReefMaterialPlacementReport.pdfhttp://myfwc.com/docs/Conservation/FWCArtificialReefMaterialPlacementReport.pdf


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above. By copy of this letter, and the attached drawings, we are notifying all necessary parties of

the modification.

This letter of approval does not alter the May 14, 2014 expiration date, other Specific or General

Conditions, or other monitoring requirements of the permit. This letter and the accompanying

drawings must be attached to the original permit.

This permit is hereby modified unless a sufficient petition for an administrative hearing is timely

filed under Sections 120.569 and 120.57, Florida Statutes (F.S.), as provided below. The

procedures for petitioning for a hearing are set forth below. Mediation under Section 120.573,F.S., is not available for this proceeding.

NOTICE OF RIGHTS

A person whose substantial interests are affected by the Departments action may petition for an

administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. The petition must

contain the information set forth below and must be filed (received by the clerk) in the Office ofGeneral Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35,

Tallahassee, Florida 32399-3000.

Because the administrative hearing process is designed to redetermine final agency action on the

application, the filing of a petition for an administrative hearing may result in further

modification of the permit or even a denial of the application. If a sufficient petition for an

administrative hearing or request for an extension of time to file a petition is timely filed, this

permit modification automatically becomes only proposed agency action on the applicationsubject to the result of the administrative review process. Accordingly, the applicant is advised

not to commence construction or other activities under this permit modification until thedeadlines noted below for filing a petition for an administrative hearing or request for an

extension of time has expired.

Under Rule 62-110.106(4), Florida Administrative Code (F.A.C.), a person whose substantialinterests are affected by the Departments 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 ofGeneral Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35,

Tallahassee, Florida 32399-3000, before the applicable deadline. A timely request for extensionof time shall toll the running of the time period for filing a petition until the request is acted

upon. If a request is filed late, the Department may still grant it upon a motion by the requestingparty showing that the failure to file a request for an extension of time before the deadline was

the result of excusable neglect.

In the event that a timely and sufficient petition for an administrative hearing is filed, other

persons whose substantial interests will be affected by the outcome of the administrative process


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have the right to petition to intervene in the proceeding. Any intervention will be only at the

discretion of the presiding judge upon the filing of a motion in compliance with Rule 28-

106.205, F.A.C.

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 anypersons other than the applicant, and other than those entitled to written notice under Section

120.60(3), F.S., must be filed within 14 days of publication of the notice or within 14 days of

receipt of the written notice, whichever occurs first.

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 petitioner shall mail a copy of the petition to the applicant at the address indicated above at

the time of filing. The failure of any person to file a petition for an administrative hearing within

the appropriate time period shall constitute a waiver of that persons right to request anadministrative determination (hearing) under Sections 120.569 and 120.57, F.S.

In accordance with Rule 28-106.201, F.A.C., a petition that disputes the material facts on whichthe Departments action is based must contain the following information:

(a) The name and address of each agency affected and each agencys file or

identification number, if known;

(b) The name, address, and telephone number of the petitioner; the name, address,and telephone number of thepetitioners representative, if any, which shall be the

address for service purposes during the course of the proceeding; and anexplanation of how the petitioners 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 thatthe petitioner contends warrant reversal or modification of the agencys proposed

action;(f) A statement of the specific rules or statutes that the petitioner contends require

reversal or modification of the agencys proposed action, including an explanationof 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 agencys proposedaction.


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A petition that does not dispute the material facts on which the Departments action is based

shall state that no such facts are in dispute and otherwise shall contain the same information as

set forth above, as required by Rule 28-106.301, F.A.C. Under Sections 120.569(2)(c) and (d),F.S., a petition for administrative hearing must be dismissed by the agency if the petition does

not substantially comply with the above requirements or is untimely filed.

This action is final and effective on the date filed with the Clerk of the Department unless a

petition is filed in accordance with the above. Upon the timely filing of a petition this order will

not be effective until further order of the Department.

This permit modification constitutes an order of the Department. The applicant has the right to

seek judicial review of the order under Section 120.68, F.S., by the filing of a notice of appeal

under Rule 9.110 of the Florida Rules of 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 when the final order is filed with the Clerk of the Department.

When there has been no publication of notice of agency action or notice of proposed agency

action as prescribed in Rule 62-110.106, F.A.C., a person may request a copy of the agencyaction. The Department shall upon receipt of such a request, if agency action has occurred,

promptly provide the person with notice. The Department does not require notice of this agency

action to be published. However, the applicant may elect to publish notice as prescribed in Rule

62-110.106, F.A.C., which constitutes notice to the public and establishes a time period for

submittal of any petition.

If you have any questions regarding this matter, please contact Robert Halbert by email [email protected] by telephone at (850) 921-7752.

Sincerely,

Martin K. Seeling, Administrator

Beaches, Inlets & Ports Program

MKS/le

Attachments: 6 drawings
mailto:[email protected]:[email protected]:[email protected]


13/13




Page 13 of 13

www.dep.state.fl.us

cc: Craig Kruempel, Tetra Tech

Cheryl Miller, Coastal Eco-Group

Bobby Halbert, DWRMLainie Edwards, DWRM

Vladimir Kosmynin, DWRM

Danielle Irwin, DWRMJennifer Smith, DEP, SE District

Joanna Walczak, CAMA

Alex Reed, DWRM

Marty Seeling, DWRM

Rob Buda, DWRM

Mark Taynton, DEPTim Rach, DEP

JCP Compliance

Robbin Trindell, FWCKeith Mille, FWC Artificial Reef Program

Leah Oberlin, USACE, Palm Beach

Jose Rivera, USACE, Palm Beach

FILING AND ACKNOWLEDGMENT

FILED, on this date, pursuant to Section 120.52, Florida Statutes, with the designated

Department Clerk, receipt of which is hereby acknowledged.

4/26/13

Deputy Clerk Date

FDEP Mid Town Mitigation (0164713 010 JN)

Documents

Transcript of FDEP Mid Town Mitigation (0164713 010 JN)