Hillsborough River Interlocal Planning Board Monday, July 26, 2021, 9:30 am Meeting Location: Members-18th floor County Center / Public-Online

1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Public Comment 5. Approval of Previous Meeting Summary A. October 26, 2020 (p.3) 6. Presentations, Reports & Status Updates A. USF Nature Preserve* (p.7) B. 2021 River Stewardship Award Selection* (p.24) C. TAC Activity Update, Dr. Richard Brown, TAC Chair 7. Consistency Determinations A. Minor Work Permit No. 20-041 (Port Tampa Bay)* (p.26) B. Minor Work Permit No. 70924 (EPC)* (p.49) C. Minor Work Permit No. 71349 (EPC)* (p.72) D. Minor Work Permit No. 71381 (EPC)* (p.95) E. Minor Work Permit No. 71619 (EPC)* (p.115) F. Minor Work Permit No. 72211 (EPC)* (p.126) 8. Other Business

Indicates Action Required * Indicates backup material provided

Technical support during the meeting may be obtained by contacting Priya Nagaraj at (813) 310- 9709 or [email protected].

Please register for River Board Meeting: https://attendee.gotowebinar.com/register/4219532417622071056 After registering, you will receive a confirmation email containing information about joining the webinar.

Offices and meeting rooms are closed to the public in response to the COVID-19 pandemic. Members of the public may access this meeting and participate via the GoToMeeting link above, or by phoning in.

Plan Hillsborough planhillsborough.org [email protected] 813 - 272 - 5940 601 E Kennedy Blvd 18th Floor Tampa, FL, 33602

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April 20, 2021 Meeting Location: 1:30 p.m. Civil Service Room/Online

Joint River Board/TAC Meeting Summary

Present Joseph Citro, COT Meredith Abel, TT Michael Gile, EPC* Cody Powell, Planning Commission* Richard Formica, COT Citizen* Jackie Julien, Port Tampa Bay* Rich Brown, HC Citizen* Stu Marvin, TT Citizen* Shawn College, TPC Diego Guerra, TPC Heather Maggio, COT** Albert Marrero, TPC Alana Todd, TBRPC* Mindy Hogan-Charles, ACOE Joel Brown, SWFWMD* Brad Baird, COT JJ Loesch, FDEP* Chuck Webber, COT

Absent Joe Gross, HC** Troy Tinch, TT Staff**

*Denotes TAC Member or Alternates **Denotes Staff Ex- Officio Members

1. Call to Order

Mr. Citro called the meeting to order at 1:35 p.m.

2. Roll Call

Members were sufficient to establish a quorum.

3. Pledge of Allegiance

Mr. Citro led in the Pledge of Allegiance.

4. Public Comment

None.

5. Approval of Previous Meeting Summary A. RB - January 25, 2021*(p.3)

Motioned by Meredith Abel and seconded by Joseph Citro, the previous meeting summary was approved unanimously.

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B. TAC – March 16, 2021*(p.7)

Motioned by Stu Marvin and seconded by Alana Todd, the previous meeting summary was approved unanimously.

6. Presentations, Reports & Status Updates A. Purify Usable Resources for the Environment (PURE), Chuck Webber, COT*(p.11)

Mr. Webber stated that the presentation was developed before they decided to perform an alternative analysis. The results from the analysis should be in by end of May or early June. The presentation only covers one of the alternatives of challenges they are trying to address. Mr. Webber stated that the PURE project is designed to help meet minimum flow of the lower Hillsborough River. Currently, Sulphur Springs is relied mainly when meeting minimum flow. Sulphur Springs is increasing in salinity so one of the reasons for the PURE project is to combat that. Mr. Webber stated that another reason for PURE is to secure drinking water supply in case of drought. Currently the city is required to meet the water usage of 82 million gallons per day. A third reason for the PURE project is to help meet the challenge of anticipated new legislation that may restrict discharges into Hillsborough Bay. Mr. Webber stated that there are 6 components of the PURE project: enhanced monitoring for contaminants, additional water purification process, redirecting purified water, injecting purified water into storage wells, withdrawing purified water from recovery wells, and meeting minimum flows. Mr. Webber stated that the PURE project will replenish the Hillsborough Reservoir, helping to ensure that Tampa and it’s regional water partners have a sustainable supply of water in times of drought. Ms. Julien asked what alternatives they are looking at besides the one presented. Mr. Webber stated that they are looking at expanding existing aquifer storage and recovery, expanding the purple pipe system, buying more water from Tampa Bay Water, and using the water in a direct potable reuse concept. Mr. Baird stated another alternative which is to build another wastewater treatment facility. Ms. Julien asked if they investigated alternatives that take a conservation approach on water. Mr. Webber stated that conservation is a big part of the project and that they are working with other agencies to incentivize consumers to use less water. Additionally, they will be installing an advanced metering infrastructure which will give their consumers more information on their water usage and help them notice when their water usage is high. More importantly, it will identify any possible leaks. Mr. Gile asked if the water injected into the aquifer would be high in dissolved solids. Mr. Webber stated that the water injected would meet drinking water standards. Ms. Todd asked if there has been any momentum on any environmental studies. Mr. Webber stated that they have done extensive environmental studies on the alternative presented but acknowledged that there may be some more studies needed if they choose a

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different alternative. Mr. Formica asked how they intend to get the water to and from the recovery wells and recharge wells. Mr. Webber stated that each well will have multiple pipes. Some will be existing, and some will be new. Mr. Powell asked how safe this alternative is and if it has been backed by scientific evidence. Mr. Webber stated that it works and has been scientifically verified. Mr. Powell asked how the UV treatment would work. Mr. Webber stated that the UV would be installed at the wastewater treatment facility and would replace the chlorine filter. Mr. Powell asked if they have looked at letters of concern from local groups and organizations. Mr. Webber stated that they are in constant contact with those groups and regularly meet with some groups. TAC Chair Brown stated that some aspects of the alternative mentioned have good back bones but is concerned if whether using this alternative may have any long-term effects. Additionally, TAC Chair Brown stated that the TAC has not come up with an official recommendation but will do so once more information comes in. Ms. Abel asked how this will impact part of the middle river near Temple Terrace. Mr. Baird stated they refer to the middle river as the reservoir. Mr. Baird stated that with this alternative they intend to keep it full or near full even if the Tampa Bay area goes through a drought. Ms. Abel asked what how they would remove pharmaceuticals since it would be hard to remove without reverse osmosis. Mr. Webber stated that they think they have any levels of concern currently but submitted a technical report to a technical panel which will look at the levels. Additionally, they have source control monitoring which will regulate these levels and would require them to address any changes in the levels. Mr. Citro asked what the cost would be to either include UV treatment or reverse osmosis. Mr. Webber stated that it would cost an additional $100 million on top of the cost of the alternative mention. Ms. Todd asked if they have investigated nanofiltration. Mr. Webber stated that they have looked at it but will look into it again during their alternative analysis.

B. Plan Hillsborough Strategic Plan, Melissa Dickens, TPC

Ms. Dickens started the presentation by giving a brief background on the development of the strategic plan. This plan was developed jointly by the 3 boards served by Plan Hillsborough staff (Hillsborough County City-County Planning Commission, Hillsborough MPO, Hillsborough River interlocal Planning Board). The plan was adopted in August 2018 with resolution of support from the River Board. There are seven strategic priorities (Planning partnerships, enabling transportation choices, technology and innovation, citizen engagement, opportunities for regional collaboration, linking land use and transportation, and internal agency enhancements). So far staff has been consistently implementing strategic priorities and meeting/exceeding performance goals. Ms. Dickens highlighted some of the accomplishments from the seven strategic priorities.

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7. Consistency Determinations A. Minor Work Permit No. 68168 (EPC)* (p.21) B. Minor Work Permit No. 70981(R1) (EPC)* (p.42) C. Minor Work Permit No. 71116 (EPC)* (p.50) D. Minor Work Permit No. 71386 (EPC)* (p.68) E. Minor Work Permit No. 71478 (EPC)* (p.82)

Motioned by Meredith Abel and seconded by Joseph Citro, the previous meeting summary was approved unanimously.

8. Other Business

TAC Chair Brown stated the minimum flow reevaluation is on hold while the PURE project goes forward. Additionally, the Lowry Park boat ramp is now open. River clean ups are still ongoing. TAC Chair Brown stated that there are many Homeless persons along the river near Sulphur Springs and they are causing concern as the river is where they defecate. Riverfront house prices are increasingly getting higher. It is manatee season in the lower river. Near downtown, there has been more and more commercial boats out in the area. Mr. College mentioned to the River Board that there next meeting will take place in July at their regular meeting time.

Mr. Citro adjourned the meeting.

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Agenda Item 6. A. USF Nature Preserve

Attachments:

1. Draft Letter of Support for ELAPP purchase of USF Nature Preserve 2. USF Request for Information: Development of USF Golf Course and Undeveloped Campus(USF Nature Preserve)

Plan Hillsborough planhillsborough.org [email protected] 813 - 272 - 5940 601 E Kennedy Blvd 18th floor Tampa, FL, 33602

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July 26, 2021

Hillsborough River Board Steven C. Currall, President Hillsborough County Commission

Tampa City Council University of South Florida

Temple Terrace City Council 4202 E. Fowler Avenue, CGS 401,

Tampa, FL 33620, USA

Technical Advisory Council

Southwest Florida Water Dear President Currall, Management District

Environmental Protection Commission of Hillsborough County The USF Nature Preserve is not only important to the University for

Tampa Port Authority research and teaching but is also as an important part of the Hillsborough

Hillsborough County City- River Ecosystem and to the residents and visitors of Hillsborough County. County Planning Commission The USF Nature Preserve has frontage on the Hillsborough River making it Tampa Bay Regional Planning Council an important and increasingly rare riverine habitat. It provides important

Florida Department of surface water quality functions for the river. Loss of this land in its natural Environmental Protection state would be detrimental to the river and the quality of life of the people of Temple Terrace Citizen Hillsborough County. Tampa Citizen

Hillsborough County Citizen The Hillsborough River Interlocal Planning Board was created in 1986 by

the Florida Legislature to coordinate planning and development in and around the Hillsborough River Corridor. The Hillsborough River Interlocal Planning Board supported by environmental professionals and citizens on their Technical Advisory Council, support the Hillsborough County Board of County Commissioner’s efforts to acquire this property for natural preservation in perpetuity.

We ask that USF cooperate with Hillsborough County to complete the transfer of this property to the Jan K. Platt Environmental Lands Acquisition

and Protection Program (ELAPP). Under this program, USF would be Plan Hillsborough planhillsborough.org [email protected] compensated for the fair market value of the land, students and academics 813 – 272 – 5940 601 E Kennedy Blvd would still be able to utilize the land for scholarly programs, and the 18th floor Tampa, FL, 33602 8

Hillsborough River and residents would have the benefits of a clean and heathy river corridor for their enjoyment and generations to come.

Respectfully,

Stacy White Chair

CC: BOCC City of Tampa Hillsborough County, Conservation & Environmental Lands Management

9 RFI #2021-01-GC Development of USF Golf Course and Undeveloped Campus

PROCUREMENT SERVICES

Request for Information:

Development of USF Golf Course and

Undeveloped Campus

Please mark all proposal submission envelopes with the following information:

RFI 2021-01-GC

All questions must be received by Friday, April 30, 2021 at 5:00 pm

All responses must be received by Monday, May 24, 2021 at 3:00 pm

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10 RFI #2021-01-GC Development of USF Golf Course and Undeveloped Campus

University of South Florida Request for Information 2021-01-GC Development of USF Golf Course and Undeveloped Campus Issued April 1, 2021

Introduction

The University of South Florida (“University” or “USF”), Tampa, Florida, is soliciting INFORMATION ONLY responses to this Request for Information (RFI) from firms and other entities that may be interested in submitting a technical and cost proposal to provide USF with options for a project with a potential long-term ground lease or other contractual arrangement to develop the approximate 769 acre parcel, comprised of the USF golf course and undeveloped forest preserve, known as the northern property (“Northern Property”), part of the USF campus (see USF Tampa campus maps below).

The Northern Property is one of the largest remaining undeveloped parcels along I-75 and presents many transportation advantages to developers and their clients.

Note below the possible 118 acres of upland along Fletcher Avenue within the Northern Property.

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11 RFI #2021-01-GC Development of USF Golf Course and Undeveloped Campus

The primary goal of this RFI is to explore options available to the University to develop the Northern Property of campus, to benefit from the prior experience of others in developing this type of property for public universities, to obtain cost estimates for this type of development, and to better understand commercial solutions for the challenges with developing the site.

This RFI is intended solely for the University to gauge interest and obtain information that the University may use to consider the best strategy for the potential project.

This RFI is for informational purposes only. This RFI is not intended as a formal offering for a future negotiated transaction. However, USF may select one or more ideas or plans described in one or more of the responses submitted by entities to this RFI as an idea/plan/project best suited for further consideration.

All information submitted is subject to Chapter 119 F.S., Public Records. If any information provided is believed to be confidential and proprietary, please mark it accordingly. Such marking will not exempt the information from Chapter 119 F.S. if the information does not fall within any exemptions available under Chapter 119 F.S. The University reserves the right to determine in its sole discretion its obligations under Chapter 119 F.S.

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USF does not intend to award a contract as a result of this RFI. Nor does USF guarantee that a formal solicitation will be issued as a result of this RFI.

No reimbursement will be made for any costs associated with providing information in response to this request or any follow-up information requests. This document is a Request for Information (RFI), not a solicitation for proposals, and will not result in a contract, but may be used by USF for informational and planning purposes only in future procurements.

Tampa Overview

Tampa is a top 20 metro area. A location in Tampa offers many advantages to parties seeking an outstanding opportunity to grow and prosper:

• A focused economic development effort in industry clusters including distribution and logistics, information technology, life sciences and health care, and finance and professional services. • A talented workforce spurred by a higher education system ranked #1 three years running per U.S. News and World Report. This has fostered growth in innovation, partnerships, and business formation. • A favorable business climate with lower labor costs, favorable corporate tax rates, no personal income tax, and stable, pro-business leadership. • Connectivity is another Tampa advantage. With a multi-modal transportation system that supports nearly 21 million residents and 126 million visitors annually, the Tampa Bay region is Florida’s hub for distribution and logistics. This includes the largest seaport in Florida in terms of tonnage and geographic area, handling over 34 million tons of cargo per year. • A place to thrive. The lifestyle and affordability of the Tampa Bay region make it easy to attract and retain top talent. Tampa was recently named the most livable city in American by the U.S. Conference of Mayors.

Additional advantages offered by a Tampa location can be found at the Tampa Bay Community Overview from the Tampa Bay Economic Development Council https://tampabayedc.com/wp- content/uploads/2020/06/Tampa-Bay-Community-Overview.pdf

University Overview

The University of South Florida, established in 1956 and located in Tampa Bay on Florida’s west coast, is a high-impact, global research university dedicated to student success. USF is comprised of three campuses located in Tampa, St. Petersburg and Sarasota-Manatee. Together, these campuses serve more than 50,000 students and offer undergraduate, graduate and doctoral degrees. The University has an annual budget of $1.8 billion and an annual economic impact of $4.4 billion. USF ranks in the top 25 nationally for research expenditures among public universities, according to the National Science Foundation. In 2018, the Florida Board of Governors designated USF as a Preeminent State Research University, placing USF in the most elite category among the state’s 12 public universities. USF maintains Aa2 and AA issuer credit ratings with Moody’s Investors Service and Standard and Poor’s, respectively.

USF offers 244 degree programs at the undergraduate, graduate, specialty and doctoral levels, including the Doctor of Medicine. During the 2019-2020 academic year, USF awarded 10,303 bachelor’s degrees, 4

13 RFI #2021-01-GC Development of USF Golf Course and Undeveloped Campus

3,399 master’s degrees and 787 specialty and doctoral degrees. In its 64-year history, USF has awarded more than 400,000 degrees and more than 100,000 alumni live in the Tampa Bay area. The University’s Tampa location is home to USF Health, including the Colleges of Medicine, Nursing, Public Health and Pharmacy.

The University of South Florida's campuses in Tampa, St. Petersburg, and Sarasota-Manatee are comprised of 1,646 acres, 1,562 of which are located at the campus in Tampa, including the USF Research Park. The University facilities consist of 284 buildings that exceed 11.9 million gross square feet.

For any additional information about the University of South Florida, please visit the University’s web page at: www.usf.edu.

Land Use – Property Information

The Northern Property of the USF campus is comprised of approximately 769.3 acres along Fletcher Avenue north of the USF Tampa campus in Hillsborough County. The property is part of the Tampa campus of the University of South Florida. Apart from the golf course, the forest preserve portion of the property is undeveloped and includes designated wetlands.

The forest preserve is roughly a square mile of land, located north of Fletcher Avenue, between the golf course and Riverfront Park. The forest preserve has been protected for many years by being incorporated in the USF Master Plan.

The forest preserve is used for student and faculty research. More than 70 research papers in peer‐ reviewed literature have been focused on the forest preserve, as have more than 20 M.S. theses and Ph.D. dissertations.

A portion of the property within the forest preserve immediately east of the golf course has been designated as wetlands on the U.S. Fish and Wildlife Service National Wetlands Inventory. The property borders on the banks of the Hillsborough River and is the most prominent natural resource within University property.

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The three examples of wildlife, which may be categorized as "Special Animals", in evidence within the forest preserve are the gopher tortoise, the eastern indigo snake and Florida quail. State and Federally listed threatened species are the short-tailed snake, osprey, limpkin, and Sherman's fox squirrel. The gopher frog would also appear to fit into this category. Within the forest preserve are found sandhills, small scrubs, and a Xeric hammock (an evergreen forest on well-drained sandy soils). Also, within the forest preserve are blackwater streams, a floodplain swamp and floodplain forest. The unique natural features found in this area are virgin swamp timber stands, the Cypress Creek drainage basin, and a scenic vista overlooking the Hillsborough River where the forest preserve terminates at its eastern extremity.

Restrictions for the development of the forest preserve can be found in USF’s 2015 -2025 Campus Master Plan (see link), specifically under the Goals, Objectives, and Policies, Section 8 Conservation Requirements and in the Data Collection and Analysis, Element 8 Conservation. The City of Tampa has designated the forest preserve part of its urban forest; thus, Tampa Codes and Ordinances and restrictions will likely apply to any development. The mitigation of wetlands pursuant to a development order or approved plan is subject the requirements of the Florida Department of Environmental Protection, the Army Corps of Engineers, the Southwest Florida Water Management District, and the Hillsborough County Environmental Protection Commission.

The University has provided the above information as background, but any respondent should not rely on the above. Respondents should undertake their own independent research and due diligence, at their sole cost and expense.

Purpose of RFI

The purpose of this Request for Information (RFI) is to gather information about development options that would be suitable and attractive for USF. The options should be appropriate for a public institution that is a high impact research university.

While the University could develop the Northern Property for its own use, as it has with certain parts of the Tampa campus, USF is most interested in exploring options from the private sector that require little or no upfront capital expense or commitment from the University. Additionally, the University seeks benefits that would allow pursuit of greater successes in serving students, faculty and staff over a long- term period.

The information received in response to this RFI may assist the University’s consideration of options for a potential project with a long-term ground lease or other similar contractual arrangement for development of the Northern Property. The respondent may tailor their response with the entire parcel in mind or separately for the golf course or the upland within the forest preserve.

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15 RFI #2021-01-GC Development of USF Golf Course and Undeveloped Campus

USF may request additional information from those providing information.

This RFI is not intended to result in a contractual relationship.

Submittals should consider options to mitigate the wetlands, protect special animals and preserve unique natural features.

Scope of Work

The University seeks information about options for a potential project with a long-term ground lease or other similar contractual arrangement to develop one of the largest remaining undeveloped tracts along I- 75 in a metro area in Florida.

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16 RFI #2021-01-GC Development of USF Golf Course and Undeveloped Campus

Primary RFI Deliverable

• A concise, complete, and well-written response to the RFI will help the University develop next steps in this development process, and assess the respondent’s level of interest, rationale, capability and commitment to implement any of the ideas submitted.

The response should contain the following information:

Company Information

• Legal/registered name of the company • Brief description of the company and website • Identify the primary contact (include address, email address, and telephone number), responsible for all queries made during the intake and processing of the response • Identify the office location • If including partners, include all firm names, the type of services to be provided by each company, and the primary contact for each

Project Development / Concept

• A general description of the type of project envisioned • Approach to completing the project • Identify considerations USF needs to address to achieve its objective of the development of the property on the campus • Discuss benefits to the University, such as amenities for students, faculty and staff, and revenue sharing opportunities • Discuss necessary mitigation requirements • Provide timeline for the development of the proposed use, taking into consideration the potential need for rezoning / mitigation • Describe relevant experience and qualifications, including similar successful projects. Of special interest are projects with public sector entities and universities • Describe value added services: Inclusion of small, women, veteran, minority-owned businesses, sustainability tie-in, student research opportunities etc.

Response Requirements

• Submissions should not exceed a total of 30 pages, using a minimum type size of 11. • The respondent shall submit a “high quality” digital PDF. • The original PDF response must contain the signature of the authorized person.

Responses to the RFI must be emailed to:

George Cotter, Director Procurement Services at [email protected]

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17 RFI #2021-01-GC Development of USF Golf Course and Undeveloped Campus

Process

USF will review and analyze the information received from this RFI to determine the best option(s) to address USF’s needs. Responses to this request will be reviewed for informational purposes only and will not result in the award of a contract. Entities submitting a response to the RFI are not prohibited from responding to any related subsequent solicitation. Not responding to this RFI does not preclude participation in any future procurement, if any is issued.

• All questions must be received by April 30, 2021 at 5:00 pm • Responses to questions will be provided by May 7, 2021. • All responses must be received by May 24, 2021 at 3:00 pm

USF may request clarifications from respondents.

USF reserves the right to extend the timelines shown.

Questions

Questions regarding this RFI shall be submitted in writing by email to George Cotter at [email protected]. Verbal questions will NOT be accepted. Questions will be answered by responding to questions via public posting. Accordingly, questions shall NOT contain proprietary or classified information. All questions must be received by April 30, 2021 at 5:00 p.m. EST. Responses to questions will be provided by May 7, 2021 by close of business unless otherwise indicated. All questions and responses will be posted to https://www.usf.edu/business-finance/purchasing/public-bids/index.aspx.

Public Records

All information obtained shall become the property of USF upon receipt and will not be returned. Any information received will be subject to Florida Public Records laws per Florida Statute 119. Respondents must indicate which portions, if any, of the information being provided is proprietary or confidential by clearly segregating and marking each page upon which such information appears (for example, materials may be placed in a separate electronic file including the word “confidential” in the file name). Briefly describe in writing the grounds for claiming exemption from the public records requirements, including the specific statutory authority citation for such exemption. Failure to do so will result in all information submitted being subject to public disclosure in accordance with applicable rules and laws. The University reserves the right to determine in its sole discretion its obligations under Chapter 119 F.S. The information request may be used to develop specifications for a solicitation.

Vendor Costs

Respondents are responsible for all costs associated with the preparation and submission of this RFI. USF will not be responsible for any respondent’s related costs associated with responding to this request.

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Addendum

Any clarification or additional information that may substantially affect the outcome of this RFI will be provided in the form of a written addendum. All addenda will be posted on the USF Purchasing Services website at: https://www.usf.edu/business-finance/purchasing/public-bids/index.aspx

Appendices

USF Conservation Holdings Map

USF Campus and Golf Course and Forest Preserve Map

USF Tampa Campus Map and Northern Property Map

USF Boundary and Acreage Map – Wetlands and Highlands (highlighted)

USF Campus and USF Forest Preserve Map

USF - Forest Preserve Boundary

USF Forest Preserve and National Wetlands Inventory Map

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USF Conservation Holdings Map

USF Campus and Golf Course and Forest Preserve Map

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USF Tampa Campus Map and Northern Property Map

USF Boundary and Acreage Map – Wetlands and Highlands (highlighted)

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USF Campus and USF Forest Preserve Map

USF - Forest Preserve Boundary Map

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USF Forest Preserve and National Wetlands Inventory Map

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Agenda Item 6. B. 2021 River Stewardship Award Selection

Attachments:

1. TAC’s Recommendation for 2021 River Stewardship Award

Plan Hillsborough planhillsborough.org [email protected] 813 - 272 - 5940 601 E Kennedy Blvd 18th floor Tampa, FL, 33602

24 2021 River Stewardship Award Nomination

Nominee: South Seminole Heights Civic Association

On June 22, 2019, South Seminole Heights became the first neighborhood in Tampa to implement the Stormwater’s Environmental Educational Art Inlet Painting Program. Many people do not realize that storm drains don’t connect to the City of Tampa wastewater treatment plant. Some areas have stormwater runoff that discharges directly into surface waters without receiving any treatment to filter pollutants. One way to help protect water quality is by marking the storm drains with unique art and plaques stenciled with environmental messages to remind residents that what goes into the storm drains will enter a river, lake or Tampa Bay. The community is located directly on the Hillsborough river and select artists to individually paint concrete inlet tops with one of a kind street art. The artwork beautifies the neighborhood and reminds the community that the stormwater runoff in the streets drain directly to the river with no treatment and to be careful not to pollute the environment.

Here is Stephen’s, President of the HOA, contact info: SSHCA [email protected] 813‐403‐9236

Nominated by: Heather Maggio Environmental Specialist II / Stormwater Engineering Division / Mobility Department City of Tampa / 306 East Jackson Street, 6N/ Tampa, Florida 33602 p: (813) 274‐8371 / e: [email protected]

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Agenda Item 7. A. Minor Work Permit No. 20-041 (Port Tampa Bay)

Attachments: 1. Port Tampa Bay Minor Work Permit Application

Plan Hillsborough planhillsborough.org [email protected] 813 - 272 - 5940 601 E Kennedy Blvd 18th floor Tampa, FL, 33602

26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48

Agenda Item 7. B. Minor Work Permit No. 70924 (EPC)

Attachments:

1. Port Tampa Bay Minor Work Permit Application

Plan Hillsborough planhillsborough.org [email protected] 813 - 272 - 5940 601 E Kennedy Blvd 18th floor Tampa, FL, 33602

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COMMISSION DIRECTORS Janet L. Dougherty

Mariella Smith CHAIR EXECUTIVE DIRECTOR

Pat Kemp VICE-CHAIR Harry Cohen Hooshang Boostani, P.E. WASTE DIVISION Ken Hagan Elaine S. DeLeeuw, ADMIN DIVISION Gwendolyn “Gwen” W. Myers Sam Elrabi, P.E. WATER DIVISION Kimberly Overman Rick Muratti, Esq. LEGAL DEPT Stacy White Andy Schipfer, P.E. WETLANDS DIVISION Sterlin Woodard, P.E. AIR DIVISION

April 27, 2021

Carmen Mendez (Sent via email) [email protected] 7811 N. River Shore Drive Tampa, FL 33604

Permittee: CARMEN MENDEZ

Permit Number: 70924 Type of Permit: INTENT TO ISSUE MINOR WORK PERMIT FOR A DOCK Project Address: 7811 N. RIVER SHORE DRIVE, TAMPA, FL 33604 Issuance Date: MAY 22, 2021 Expiration Date: MAY 22, 2024

Dear Carmen Mendez:

This Intent to Issue the Minor Work Permit (Permit) for construction of a dock is issued to Carmen Mendez (Permittee) by the Environmental Protection Commission of Hillsborough County (EPC) on behalf of the Tampa Port Authority (TPA). The TPA delegated this regulatory authority to the EPC in 2009. Please review this document and attachments carefully, paying particular attention to the conditions and approved drawings. NO CONSTRUCTION ACTIVITY SHALL OCCUR in wetlands or other surface waters until May 22, 2021.

The EPC reserves the right to stop this Permit from becoming effective under any of the following circumstances: (1) if the EPC revokes the Permit pursuant to Section 1-2.052, Rules of the EPC; (2) if a “Notice of Appeal” or “Request for Extension of Time to File a Notice of Appeal” under Part IV of Section 1-2, Rules of the EPC (See NOTICE OF RIGHTS) is timely filed; or (3) if any applicable Federal governmental agency objects to verification that the activity qualifies for the United States Army Corp’s of Engineers’ State Programmatic General Permit. The Permittee shall be noticed in writing if any of these occur. No construction activity may occur until such time as the issue is resolved and the Permit becomes effective. It is possible in some circumstances for the Permit to be challenged after the initial construction date. Please contact the EPC Legal Department if you have any questions regarding this process.

This Permit authorizes the above named permittee, hereinafter referred to as the Permittee, to perform the described work on wetlands and/or other surface waters, on or adjacent to submerged lands under the regulatory or proprietary jurisdiction of the TPA. This Permit addresses activities regulated under the TPA Submerged Lands Management Rules and EPC

Environmental Excellence in a Changing World Environmental Protection Commission - Roger P. Stewart Center 3629 Queen Palm Drive, Tampa, FL 33619 - (813) 627-2600 - www.epchc.org 50

Wetland Rule Chapter 1-11, Rules of the EPC. This work shall be accomplished in accordance with the general and specific conditions contained in this Permit. This Permit shall expire on the date noted in this Permit and shall be valid until it expires or such time as it is amended, replaced, or revoked in writing.

Acceptance of this Permit constitutes acceptance of all the attached conditions and the project drawings. Compliance with all conditions is necessary for the Permit to be considered valid. Should you have objections to any of these conditions, please see the attached NOTICE OF RIGHTS detailing the appeal process.

Sincerely,

P. Andy Schipfer, P.E. – Division Director EPC Wetlands Division mpg/cb/ss Enclosures ec: Ricco Palermo – [email protected] Jose Sanchez – [email protected] Robert Barron - [email protected] Trident Marine Construction – [email protected] City of Tampa - Construction Services Department cc: Stephen Hickey and Jorge Lopez Kenia Suarez

Permit No. 70924 Page 2 of 18

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Janet L. Dougherty, Executive Director

P E R M I T

PERMIT NUMBER: 70924

PERMITTEE: CARMEN MENDEZ 7811 N. RIVER SHORE DRIVE TAMPA, FL 33604

AGENT: TRIDENT MARINE CONSTRUCTION BARRY BISHOP 5302 INGRAHAM STREET TAMPA, FL 33616

PROJECT DESCRIPTION: CONSTRUCTION OF A DOCK PURSUANT TO PERMIT EXHIBITS AND CONDITIONS

PROJECT LOCATION: 7811 N. RIVER SHORE DRIVE, TAMPA, FL 33604/ HILLSBOROUGH RIVER

DATE OF ISSUE: MAY 22, 2021 EXPIRATION DATE: MAY 22, 2024

THIS PERMIT CARD SHALL BE PROMINENTLY DISPLAYED AT THE WORKSITE. FOR QUESTIONS CALL THE WETLANDS DIVISION (813) 627-2600.

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ENVIRONMENTAL PROTECTION COMMISSION MINOR WORK PERMIT No. - 70924 SPECIFIC CONDITIONS May 22, 2021

1. This Permit authorizes the removal of portions of the existing dock, and the construction of a new dock.

2. Be advised, if the proposed activity approved by this Permit is altered, a modification to this Permit with applicable application and fee may be required. Modifications include, but are not limited to, changes to the footprint of the proposed activity or adding structures such as: floating vessel platforms, floating docks, roofs, canopy covers, personal watercraft (PWC) lifts, etc. Modifications require review by EPC.

3. The enclosed Permit Card shall be conspicuously displayed at the project site once work on this project has been initiated and shall remain so displayed until the project has been completed. Within fifteen (15) days of completion of this project, EPC is to be notified via email [email protected].

DOCK CONSTRUCTION SPECIFIC CONDITIONS

4. The structure shall be constructed as depicted per EPC approved Permit exhibits A-1, A-3, A-4, and A-5.

5. The structure shall be placed within the property limits as depicted per EPC approved Permit exhibits A-1, A-3, and A-4.

6. The proposed docking facility shall be used to moor no more than two vessels and shall not create a navigational hazard.

7. Removal of the existing dock must be accomplished in a manner so that all debris is properly disposed of and the release of turbid water offsite is prevented. Removal of the existing portions of the structure, as depicted per EPC exhibits A-2 and A-3 must occur before construction may begin.

8. No roof or sundeck is permitted for this structure under this Permit.

9. The water depths in mooring areas shall be no less than two (2) feet at Mean Low Water (MLW).

10. No dredging, filling, clearing or scouring shall be allowed except for the settings of pilings for the structure. If pilings are to be installed by jetting, then the water pump must be shut off when not in use to avoid unnecessary disturbance to the water body.

11. All structures shall be marked with reflectors, reflective tape or other materials necessary to make the extent of structures clearly visible to boaters in accordance with the requirements of the United States Coast Guard and the Florida Fish & Wildlife Conservation Commission.

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12. Structures shall not be enclosed.

13. This Permit does not authorize the placement of pilings or any other structures extraneous to the dock.

14. This Permit does not authorize the construction of baithouses, storage shelters, gazebos, screen porches, fish cleaning facilities, living quarters or other non-water dependent structures.

15. No davits are permitted for this structure.

16. The structure shall be constructed a minimum of 1-foot vertical elevation above the Mean High Water (MHW) elevation.

17. In the vicinity of mooring, watercraft associated with the construction of the permitted structure shall operate within the waters of sufficient depth to preclude bottom scouring/prop dredging.

18. All wetland vegetation, including but not limited to mangroves, must be preserved during all construction authorized under this Permit. No mangrove removal is allowed. Further, no impacts to existing submerged aquatic vegetation, coral communities or oyster beds shall occur under this Permit.

U.S. ARMY CORPS OF ENGINEERS SPGP DETERMINATION

1. Your proposed activity as outlined in your application and attached drawings qualifies for Federal authorization pursuant to the State Programmatic General Permit V-R1, and a SEPARATE permit or authorization will not be required from the Corps. Please note that the Federal authorization expires on July 26, 2021. However, your authorization may remain in effect for up to 1 additional year, if provisions of Special Condition 19 of the SPGP V-R1 permit instrument are met. You, as permittee, are required to adhere to all General Conditions and Special Conditions that may apply to your project. Special conditions required for your project are attached. A copy of the SPGP V-R 1 with all terms and conditions and the General Conditions may be found at https://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx.

U.S. ARMY CORPS OF ENGINEERS SPGP SPECIAL CONDITIONS

Note: JAXBO (Jacksonville District’s Programmatic Biological Opinion), referenced throughout, may be found online in the Jacksonville District Regulatory Division Sourcebook, or at http://cdm16021.contentdm.oclc.org/utils/getfile/collection/p16021coll3/id/577. The SPGP V-R1 instrument and all attachments may be found online through the Sourcebook, or at https://www.saj.usace.army.mil/SPGP/

In addition to the conditions specified above, the following Special Conditions apply to all projects reviewed and/or authorized under the SPGP V-R1.

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Special Conditions for All Projects 1. Authorization, design and construction must adhere to the terms of the SPGP V-R1 instrument including the Procedure and Work Authorized sections.

2. Design and construction must adhere to the PDCs for In-Water Activities (Attachment 6, from PDCs AP.7 through AP11, inclusive, of JAXBO) (Reference: JAXBO PDC AP.1.).

3. All activities performed during daylight hours (Reference: JAXBO PDC AP.6.).

4. For all projects involving the installation of piles or sheet piles, the maximum number of piles, sheet piles or concrete slab walls or boatlift I-beams installed by impact hammer per day is limited to no more than 5 per day. Any installation of metal pipe or metal sheet pile by impact hammer is not authorized (Reference: Categories D and E of JAXBO PDCs for In-Water Noise from Pile and Sheet Pile Installation, page 86.).

5. Projects within the boundary of the NOAA Florida Keys National Marine Sanctuary require prior approval from the Sanctuary (Reference: JAXBO PDCs AP.14 and A1.6).

6. Notifications to the Corps. For all authorizations under this SPGP V-R1, including Self- Certifications, the Permittee shall provide the following notifications to the Corps: a. Commencement Notification. Within 10 days before the date of initiating the work authorized by this permit or for each phase of the authorized project, the Permittee shall provide a written notification of the date of commencement of authorized work to the Corps. b. Corps Self-Certification Statement of Compliance form. Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the “Self-Certification Statement of Compliance” form (Attachment 32) and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the “Self-Certification Statement of Compliance” form. The description of any deviations on the “Self- Certification Statement of Compliance” form does not constitute approval of any deviations by the Corps. c. Permit Transfer. When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date the enclosed form (Attachment 2). d. Reporting Address. The Permittee shall submit all reports, notifications, documentation, and correspondence required by the general and special conditions of this permit to the following address. (1) For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL, 32232-0019.

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(2) For electronic mail: [email protected] (not to exceed 10 MB). The Permittee shall reference this permit number, SAJ- 2015-02575 on all submittals.

7. The District Engineer reserves the right to require that any request for authorization under this SPGP V-R1 be evaluated as an Individual Permit. Conformance with the terms and conditions of the SPGP V-R1 does not automatically guarantee Federal authorization.

8. On a case-by-case basis, the Corps may impose additional Special Conditions which are deemed necessary to minimize adverse environmental impacts.

9. Failure to comply with all conditions of the SPGP V-R1 constitutes a violation of the Federal authorization.

10. No structure or work shall adversely affect or disturb properties listed in the National Register of Historic Places or those eligible for inclusion in the National Register. Prior to the start of work, the Applicant/Permittee or other party on the Applicant’s/Permittee’s behalf, shall conduct a search of known historical properties by contracting a professional archaeologist, and contacting the Florida Master Site File at 850-245-6440 or [email protected]. The Applicant/Permittee can also research sites in the National Register Information System (NRIS). Information can be found at http://www.cr.nps.gov/nr/research. a. If, during the initial ground disturbing activities and construction work, there are archaeological/cultural materials unearthed (which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, 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), the Permittee shall immediately stop all work in the vicinity and notify the Compliance and Review staff of the State Historic Preservation Office at 850-245-6333 and the Corps Regulatory Project Manager to assess the significance of the discovery and devise appropriate actions, including salvage operations. Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend, or revoke the permit in accordance with 33 C.F.R. § 325.7.

b. In the unlikely event that human remains are identified, the remains will be treated in accordance with Section 872.05, Florida Statutes; all work in the vicinity shall immediately cease and the local law authority, and the State Archaeologist (850-245-6444) and the Corps Regulatory Project Manager shall immediately be notified. Such activity shall not resume unless specifically authorized by the State Archaeologist and the Corps.

11. The Permittee is responsible for obtaining any “take” permits required under the U.S. Fish and Wildlife Service’s regulations governing compliance with these laws. The Permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such “take” permits are required for a particular activity.

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12. For Projects authorized under this SPGP V-R1 in navigable waters of the U.S., the Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

13. The SPGP V-R1 will be valid through July 26, 2021 unless suspended or revoked by issuance of a public notice by the District Engineer. The Corps, in conjunction with the Federal resource agencies, will conduct periodic reviews to ensure that continuation of the permit during the period ending July 26, 2021, is not contrary to the public interest. The SPGP V-R1 will not be extended beyond July 26, 2021, but may be replaced by a new SPGP. If revocation occurs, all future applications for activities covered by the SPGP V-R1 will be evaluated by the Corps.

14. If the SPGP V-R1 expires, is revoked, or is terminated prior to completion of the authorized work, authorization of activities which have commenced or are under contract to commence in reliance upon the SPGP V-R1 will remain in effect provided the activity is completed within 12 months of the date the SPGP V-R1 expired or was revoked. Special Conditions for Shoreline Stabilization Activities

1. Shoreline stabilization materials must be placed by hand around red mangrove prop roots (Reference: JAXBO PDC A1.3.).

2. Living shorelines can only be constructed in unvegetated, nearshore water along shorelines to create tidal marshes or mangrove habitat for the purpose of shoreline erosion control or aquatic habitat enhancement. Native plants can be placed along the shoreline or between the shoreline and the living shoreline structure (Reference: JAXBO PDC A7.4.).

3. Living shoreline structures and permanent wave attenuation structures can only be constructed out of the following materials: oyster breakwaters, clean limestone boulders or stone (sometimes contained in metal baskets or cages to contain the material), small mangrove islands, biologs, coir, rock sills, and pre-fabricated structures made of concrete and rebar that are designed in a manner so that they do not trap sea turtles, smalltooth sawfish, or sturgeon (Reference: JAXBO PDC A7.5.). a. Reef balls or similar structures are authorized if are not open on the bottom, open-bottom structures with a top opening of at least 4 ft, and reef discs stacked on a pile are pre- fabricated structures are designed in a manner so that they do not trap sea turtles. b. Oyster reef materials shall be placed and constructed in a manner that ensures that materials will remain stable and that prevents movement of materials to surrounding areas (e.g., oysters will be contained in bags or attached to mats and loose cultch must be surrounded by contained bagged oysters or another stabilizing feature) (Reference: JAXBO PDC A7.2.).

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c. Oyster reef materials shall be placed in designated locations only (i.e., the materials shall not be indiscriminately dumped or allowed to spread outside of the reef structure) (Reference: JAXBO PDC A7.3.). d. Wave attenuation structures must have 5 ft gaps at least every 75 ft in length as measured parallel to the shoreline and at the sea floor, to allow for tidal flushing and species movement (Reference: JAXBO PDC A7.6.). e. Wave attenuation structures must have 5 ft gaps at least every 75 ft in length as measured parallel to the shoreline and at the sea floor, to allow for tidal flushing and species movement (Reference: JAXBO PDC A7.6.). f. Other materials are not authorized by this SPGP V-R1 (Reference: JAXBO PDC A7.5.).

4. For living shorelines, only native plant species can be planted (Reference: JAXBO PDC A7.1.).

Special Conditions for Docks, Piers, Associated Facilities, and other Minor Piling-Supported Structures 1. For temporary structures associated with marine events. Upon completion of the event, these structures must be removed and, to the maximum extent practical, the site must be restored to pre-construction elevations. Water depths in the area of marine events must be deep enough to support at least 5 ft of water depth under the keel of a vessel and between the keel of a vessel and Endangered Species Act listed coral colonies, if present, when transiting to the mooring areas (Reference: JAXBO PDC A2.1.4.).

2. Educational Signs. For commercial, multi-family, or public facilities, and marine events, signs must be posted as described below (Reference: These replicate JAXBO PDCs A.2.2 and A.2.2.1 to A.2.2.3., inclusive, within the table PDCs Specific to Activity 2 - Pile Supported Structures and Anchored Buoys, starting on page 112.): a. (A2.2.) For commercial, multi-family, or public facilities, and marine events, signs must be posted in a visible location(s), alerting users of listed species in the area susceptible to vessel strikes and hook-and-line captures. The most current version of the signs that must be downloaded and sign installation guidance are available at: (http://sero.nmfs.noaa.gov/protected_resources/section_7/protected_species_educatio nal_signs/index.html). The signs required to be posted by area are stated below: (1) (A2.2.1.) All projects in Florida shall use the Save Sea Turtle, Sawfish, and Dolphin sign. These signs shall include contact information to the sea turtle and marine mammal stranding networks and smalltooth sawfish encounter database. (2) (A2.2.2.) Projects within the North Atlantic right whale educational sign zone shall post the Help Protect North Atlantic Right Whales sign. (3) (A2.2.3.) On the east coast of Florida, projects located within the St. Johns River and those occurring north of the St. Johns River to the Florida-Georgia line shall post the Report Sturgeon sign. On the west coast of Florida, projects occurring from the Cedar Key, Florida north to the Florida-Alabama line.

3. Monofilament Recycling Bins. For commercial, multi-family, or public facilities, monofilament recycling bins must be provided as described below (Reference: The below

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58 replicates PDC A.2.3 within the table PDCs Specific to Activity 2 - Pile Supported Structures and Anchored Buoys, the PDC itself on page 113 of the JAXBO.): a. (A2.3.) For commercial, multi-family, or public facilities, monofilament recycling bins must be provided at the docking facility to reduce the risk of turtle or sawfish entanglement in, or ingestion of, marine debris. Monofilament recycling bins must: (1) (A2.3.1.) Be constructed and labeled according to the instructions provided at http://mrrp.myfwc.com. (2) (A2.3.2.) Be maintained in working order and emptied frequently (according to http://mrrp.myfwc.com standards) so that they do not overflow.

4. North Atlantic Right Whale. The attached North Atlantic Right Whale Information Form (Attachment 27) describes the presence of North Atlantic right whales in the area and the Federal regulations governing the approach to North Atlantic right whales. (The FDEP or Designee will attach this document to their authorizations for a dock project (new construction, repair, or replacement) at a private residence located within 11 nautical miles of North Atlantic right whale critical habitat as measured in a radius from the center of the nearest inlet to open ocean described by Attachment 29, the North Atlantic Right Whale Educational Sign Zones (from Section 2.1.1.4 of JAXBO, pages 31 and 32, inclusive) (Reference: JAXBO PDC A2.4.).

5. Aids to Navigation. Aids to navigation must be approved by and installed in accordance with the requirements of the U.S. Coast Guard (i.e., 33 C.F.R., chapter I, subchapter C, part 66, Section 10 of the Rivers and Harbors Act, and any other pertinent requirements) (Reference: JAXBO PDC A2.5.).

6. Lighting for docks installed within visible distance of ocean beaches. If lighting is necessary, then turtle-friendly lighting shall be installed. Turtle-friendly lighting is explained and examples are provided on the Florida Fish and Wildlife Conservation Commission website: http://myfwc.com/wildlifehabitats/managed/sea-turtles/lighting/ (Reference: JAXBO PDC A2.8.).

7. Construction Location. Project construction shall take place from uplands or from floating equipment (e.g., barge); prop or wheel-washing is prohibited (Reference: JAXBO PDC A2.9.).

8. Regarding submerged and emergent aquatic vegetation, the design and construction of a Project must comply with the following:

a. A pile supported structure (i) that is located on a natural waterbody (i.e., outside an artificial waterway that was excavated for boating access and is bordered by residential properties) and (ii) that is within the range of seagrass (estuarine waters within all coastal counties except for Nassau, Duval, St Johns, Flagler and Volusia north of Ponce Inlet), will be constructed to the following standards: (1) Must comply with or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures

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Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” updated November 2017 (Attachment 5). (2) In addition to (1), above, IF the project is within range of Johnson’s seagrass (the range of Johnson’s seagrass is defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida), THEN the design and construction shall comply with, in some cases, the more restrictive requirements within paragraph 8.c., below (Reference: JAXBO PDC A2.17). b. For all other Projects, (1) Within the range of Johnson’s seagrass (the range of Johnson’s seagrass is defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida), the presence of submerged aquatic vegetation will be determined utilizing the “Submerged Aquatic Vegetation Survey Guidelines” (Attachment 7). If no survey performed, aquatic vegetation, including Johnson’s seagrass, will be presumed to be present for purposes of this Special Condition. (2) Outside the range of Johnson’s seagrass but within the range of seagrass (estuarine waters within all coastal counties except for Nassau, Duval, St Johns, Flagler and Volusia County north of Ponce Inlet) and within tidal waters, the presence of seagrass and tidal freshwater submerged aquatic vegetation will be determined using the “Submerged Aquatic Vegetation Survey Guidelines” (Attachment 7) unless a site visit or aerial photography observes absence during the growing season (if water depth and clarity allows) or aquatic vegetation has not been found in the vicinity in the past. (3) Pile-supported structures, IF aquatic vegetation is present (including seagrass, tidal freshwater submerged aquatic vegetation and emergent vegetation), THEN must comply with or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” updated November 2017 (Attachment 5). (4) In addition to (1) to (3) above, IF the proposed dock or proposed structure is within range of Johnson’s seagrass (the range of Johnson’s seagrass is defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida), and IF the proposed dock or proposed structure falls within the following scenarios, THEN the design and construction shall comply with, in some cases, the more restrictive requirements within paragraph 8.c.,below. (Reference: The following replicates “Scenario B” as defined within A2.17., PDCs for Docks or Other Minor Structures of JAXBO.): (i) Dock replacement in the exact footprint (i.e., same location/configuration/size) as the previous dock and: (a) within Johnson’s seagrass critical habitat with No current seagrass survey (completed no earlier than 1 year before submitting the application); or, Johnson’s seagrass under the dock; or, Native seagrass, other than Johnson’s seagrass, under the dock; or, (b) within the Range of Johnson’s seagrass (outside of critical habitat) with No current seagrass survey or,Johnson’s seagrass under the dock,

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(ii) New docks or dock expansions and: (a) within Johnson’s seagrass critical habitat; or, (b) within the Range of Johnson’s seagrass (outside of critical habitat) with: No current seagrass survey (completed no earlier than 1 year before submitting the application) or, Johnson’s seagrass within property limit. c. The following additional restrictions apply when required by paragraphs 8.a.(2) or 8.b.(4), above (Reference: The following replicates the “Dock PDCs for Scenario B” within A2.17. PDCs for Docks or Other Minor Structures of JAXBO.): (1) To avoid and minimize impacts to Johnson’s seagrass and native, non-listed seagrasses to the maximum extent practicable: (i) The dock must be positioned to avoid and minimize effects to Johnson’s seagrass. (ii) Over any area that contains Johnson’s seagrass or native, non- listed seagrasses, the dock shall be oriented in a north-south orientation to the maximum extent that is practicable to allow maximum sunlight under the structure. (iii) If practicable, terminal platforms shall be placed in deep water, waterward of Johnson’s seagrass beds or native, non-listed seagrasses beds or in an area devoid of Johnson’s seagrass or native, non-listed seagrasses. (iv) Piles must be spaced a minimum of 10 ft apart in any area that contains Johnson’s seagrass to minimize direct impacts. (v) Piles shall be installed in a manner that will not result in the formation of sedimentary deposits (e.g., donuts or halos) around the newly installed pilings. (vi) No covered boat lifts are allowed over any Johnson’s seagrass. (2) Decking options: Deck surfaces (parallel with the water) that are located waterward of the MHWL must be constructed of grated materials or plank construction or a combination of the both methods (e.g. plank decking on the walkway and grated decking on the terminal platform). These decking options are described below: (i) For grated decking: (a) Height requirement: The surface of the structure, including the dock walkway (the over- water narrow portion connecting the terminal platform to the shore and any over-water ramp required for access) and the dock, must be a minimum of 3 ft above MHW when constructed with grated decking. (b) Size limitations: The dock walkway is limited to a width of 4 ft. The terminal platform is limited to a total area of 160 ft². Marginal docks are limited to a width of 5 ft. The 5 ft width restriction is measured from wet side of the seawall. For example, if a seawall cap is 3 feet overwater then the dock would be limited to 2 feet. (c) Material description: Decking materials shaped in the form of grids, grates, lattices, etc., to allow the passage of light through the open spaces. These materials must provide a minimum of 43% open space. (ii) For plank decking: (a) Height requirement: The surface of the structure, including the dock walkway (the over- water narrow portion connecting the terminal platform to the shore and any over-water ramp required for access) and the dock, must be a minimum of 5 ft above MHW when constructed of plank decking.

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(b) Size limitations: The dock walkway is limited to a width of 4 ft. The terminal platform is limited to a total area of 120 ft². Marginal docks are limited to a width of 5 ft. (c) Material description: Deck boards may be constructed of any material. Deck Boards must be installed to provide a minimum of a 0.5-in gap between individual deck boards. d. Aids to Navigation in Acropora critical habitat. The distance from Aids to Navigation (ATONs) to ESA-listed corals and Acropora critical habitat shall ensure there are no impacts to the corals or the essential feature of Acropora critical habitat from the movement of buoys and tackle. The appropriate distance shall be based on the size of the anchor chain or other tackle to be installed to secure the buoy to its anchor, particularly when the design of the ATON does not prohibit the contact of tackle with the marine bottom. In all cases, buoy tackle will include flotation to ensure there is no contact between the anchor chain or line and the marine bottom (Reference: JAXBO PDC A2.10.).

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 66 Changes in red made by EPC staff MPG 04/26/21

5(9,6(' RECEIVED 5HSODFHV'UDZLQJV5HFHLYHGBBBBBBBBBBBBNOV 10, 2020 APR 13 2021 EPC of H.C. WETLANDS

EPC PERMIT

______A-1 MPG EXHIBIT

50'

~208.5'

6'

/~MHWL /~MHWL 67

70924 RECEIVED APR 13 2021 5(9,6(' EPC of H.C. WETLANDS 5HSODFHV'UDZLQJV5HFHLYHGBBBBBBBBBBBBNOV 10, 2020 Changes in red made by EPC staff MPG 04/26/21

EPC PERMIT

______A-2 MPG EXHIBIT

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70924 RECEIVED APR 13 2021 5(9,6(' EPC of H.C. WETLANDS 5HSODFHV'UDZLQJV5HFHLYHGBBBBBBBBBBBBNOV 10, 2020

Changes in red made by EPC staff MPG 04/26/21

EPC PERMIT

______A-3 MPG EXHIBIT

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70924 RECEIVED APR 13 2021 5(9,6(' EPC of H.C. WETLANDS 5HSODFHV'UDZLQJV5HFHLYHGBBBBBBBBBBBBNOV 10, 2020 Changes in red made by EPC staff MPG 04/26/21

EPC PERMIT

______A-4 MPG EXHIBIT

31.5'

70 6'

70924 RECEIVED APR 13 2021 5(9,6(' EPC of H.C. WETLANDS 5HSODFHV'UDZLQJV5HFHLYHGBBBBBBBBBBBBNOV 10, 2020

EPC PERMIT

______A-5 MPG EXHIBIT 71

70924

Agenda Item 7. C. Minor Work Permit No. 71349 (EPC)

Attachments:

1. Port Tampa Bay Minor Work Permit Application

Plan Hillsborough planhillsborough.org [email protected] 813 - 272 - 5940 601 E Kennedy Blvd 18th floor Tampa, FL, 33602

72 COMMISSION DIRECTORS Janet L. Dougherty Mariella Smith CHAIR EXECUTIVE DIRECTOR Pat Kemp VICE-CHAIR Harry Cohen Hooshang Boostani, P.E. WASTE DIVISION Ken Hagan Elaine S. DeLeeuw, ADMIN DIVISION Gwendolyn “Gwen” W. Myers Sam Elrabi, P.E. WATER DIVISION Kimberly Overman Rick Muratti, Esq. LEGAL DEPT Stacy White Andy Schipfer, P.E. WETLANDS DIVISION Sterlin Woodard, P.E. AIR DIVISION

April 20, 2021

Phillip Alessi Jr. (Sent via email) [email protected] 1312 Alicia Avenue Tampa, FL 33604

Permittee: PHILLIP ALESSI JR.

Permit Number: 71349 Type of Permit: INTENT TO ISSUE MINOR WORK PERMIT FOR A SEAWALL AND A DOCK WITH ONE NON- COVERED BOAT LIFT Project Address: 1312 ALICIA AVENUE, TAMPA, FL 33604 Issuance Date: MAY 15, 2021 Expiration Date: MAY 15, 2024

Dear Mr. Alessi:

This Intent to Issue the Minor Work Permit (Permit) for a seawall and a dock with one non- covered boat lift is issued to Phillip Alessi Jr. (Permittee) by the Environmental Protection Commission of Hillsborough County (EPC) on behalf of the Tampa Port Authority (TPA). The TPA delegated this regulatory authority to the EPC in 2009. Please review this document and attachments carefully, paying particular attention to the conditions and approved drawings. NO CONSTRUCTION ACTIVITY SHALL OCCUR in wetlands or other surface waters until May 15, 2021.

The EPC reserves the right to stop this Permit from becoming effective under any of the following circumstances: (1) if the EPC revokes the Permit pursuant to Section 1-2.052, Rules of the EPC; (2) if a “Notice of Appeal” or “Request for Extension of Time to File a Notice of Appeal” under Part IV of Section 1-2, Rules of the EPC (See NOTICE OF RIGHTS) is timely filed; or (3) if any applicable Federal governmental agency objects to verification that the activity qualifies for the United States Army Corp’s of Engineers’ State Programmatic General Permit. The Permittee shall be noticed in writing if any of these occur. No construction activity may occur until such time as the issue is resolved and the Permit becomes effective. It is possible in some circumstances for the Permit to be challenged after the initial construction date. Please contact the EPC Legal Department if you have any questions regarding this process.

This Permit authorizes the above named permittee, hereinafter referred to as the Permittee, to perform the described work on wetlands and/or other surface waters, on or adjacent to

Environmental Excellence in a Changing World Environmental Protection Commission - Roger P. Stewart Center 3629 Queen Palm Drive, Tampa, FL 33619 - (813) 627-2600 - www.epchc.org 73 submerged lands under the regulatory or proprietary jurisdiction of the TPA. This Permit addresses activities regulated under the TPA Submerged Lands Management Rules and EPC Wetland Rule Chapter 1-11, Rules of the EPC. This work shall be accomplished in accordance with the general and specific conditions contained in this Permit. This Permit shall expire on the date noted in this Permit and shall be valid until it expires or such time as it is amended, replaced, or revoked in writing.

Acceptance of this Permit constitutes acceptance of all the attached conditions and the project drawings. Compliance with all conditions is necessary for the Permit to be considered valid. Should you have objections to any of these conditions, please see the attached NOTICE OF RIGHTS detailing the appeal process.

Sincerely,

P. Andy Schipfer, P.E. – Division Director EPC Wetlands Division

lmc/cb/ss Enclosures ec: Ricco Palermo – [email protected] Jose Sanchez – [email protected] Robert Barron - [email protected] Craig Willis – [email protected] City of Tampa - Construction Services Department cc: Joseph Redner Shawn and Lynn McCarthy Monica Ammann Shawn College

Permit No. 71349 Page 2 of 18

74 Janet L. Dougherty, Executive Director

P E R M I T

PERMIT NUMBER: 71349

PERMITTEE: PHILLIP ALESSI JR. 1312 ALICIA AVENUE TAMPA, FL 33604

AGENT: WILLIS CONSTRUCTION & DEVELOPMENT LLC CRAIG WILLIS 4870 OLD LUCERNE PARK ROAD WINTER HAVEN, FL 33881

PROJECT DESCRIPTION: INSTALLATION OF APPROXIMATELY 151 LINEAR FEET OF ALUMINUM SHEET PILE AND CONSTRUCTION OF A DOCK WITH ONE NON- COVERED BOAT LIFT PURSUANT TO PERMIT EXHIBITS AND CONDITIONS

PROJECT LOCATION: 1312 ALICIA AVENUE, TAMPA, FL 33604/ HILLSBOROUGH RIVER

DATE OF ISSUE: MAY 15, 2021 EXPIRATION DATE: MAY 15, 2024

THIS PERMIT CARD SHALL BE PROMINENTLY DISPLAYED AT THE WORKSITE. FOR QUESTIONS CALL THE WETLANDS DIVISION (813) 627-2600.

Permit No. 71349 Page 3 of 18

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ENVIRONMENTAL PROTECTION COMMISSION MINOR WORK PERMIT No. - 71349 SPECIFIC CONDITIONS May 15, 2021

1. This Permit authorizes the installation of approximately 151 linear feet of aluminum sheet pile including two-10 linear foot returns and the construction of a dock with one non- covered boat lift.

2. This Permit does not authorize the placement of pilings or any other structures extraneous to the installation of the seawall or the construction of the dock and boat lift system.

3. Be advised, if the proposed activity approved by this Permit is altered, a modification to this Permit with applicable application and fee may be required. Modifications include, but are not limited to, changes to the footprint of the proposed activity or adding structures such as: floating vessel platforms, floating docks, roofs, canopy covers, personal watercraft (PWC) lifts, etc. Modifications require review by EPC.

4. The enclosed Permit Card shall be conspicuously displayed at the project site once work on this project has been initiated and shall remain so displayed until the project has been completed. Within fifteen (15) days of completion of this project, EPC is to be notified via email [email protected].

SEAWALL CONSTRUCTION SPECIFIC CONDITIONS

5. The seawall shall be constructed as depicted per EPC approved Permit exhibits A-1 and A-2. The proposed seawall height, including that of the cap, is not a part of this Permit and seawall height is not regulated by the EPC or TPA.

6. The seawall shall be placed within the property limits as depicted per EPC approved Permit exhibits A-1 and A-2.

7. The replacement seawall shall be constructed within eighteen (18) inches face to face of the original vertical alignment of existing seawall as depicted per EPC approved Permit exhibit A-2.

8. During the installation of the replacement seawall, a floating turbidity curtain and/or silt fence shall be deployed waterward of the work site and attached from adjacent shoreline to adjacent shoreline. The turbidity curtain/ silt fence must remain in place until the work has ceased and any resultant construction-related turbidity has settled out. These measures should be removed as soon as water quality returns to sustainable background levels and / or all areas of disturbed soils are stabilized.

9. Removal of part or the entire existing seawall cap and failed seawall segments to facilitate the installation of new aluminum sheet pilings as repair to the existing seawall must be accomplished in a manner so that all debris, including but not limited to broken concrete and rebar, is completely removed from the waterward side of the new seawall and properly disposed of.

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10. This Permit does not authorize the seawall installation to cover or obstruct any existing storm water outfall pipes.

11. This Permit does not authorize any dredging activity.

DOCK CONSTRUCTION SPECIFIC CONDITIONS

12. The structure shall be constructed as depicted per EPC approved Permit exhibits A-3 and A-4.

13. The structure shall be placed within the property limits as depicted per EPC approved Permit exhibit A-3.

14. The proposed docking facility shall be used to moor no more than two vessels and shall not create a navigational hazard.

15. No roof or sundeck is permitted for this structure under this Permit. Due to the River Urban Land Classification of this site location, the ability to add a roof may be limited in the future.

16. The water depths in mooring areas shall be no less than two (2) feet at Mean Low Water (MLW).

17. No dredging, filling, clearing or scouring shall be allowed except for the settings of pilings for the structure. If pilings are to be installed by jetting, then the water pump must be shut off when not in use to avoid unnecessary disturbance to the water body.

18. All structures shall be marked with reflectors, reflective tape or other materials necessary to make the extent of structures clearly visible to boaters in accordance with the requirements of the United States Coast Guard and the Florida Fish & Wildlife Conservation Commission.

19. Structures shall not be enclosed.

20. This Permit does not authorize the construction of baithouses, storage shelters, gazebos, screen porches, fish cleaning facilities, living quarters or other non-water dependent structures.

21. No davits are permitted for this structure.

22. The structure shall be constructed a minimum of 1-foot vertical elevation above the Mean High Water (MHW) elevation.

23. In the vicinity of mooring, watercraft associated with the construction of the permitted structure shall operate within the waters of sufficient depth to preclude bottom scouring/prop dredging.

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U.S. ARMY CORPS OF ENGINEERS SPGP DETERMINATION

1. Your proposed activity as outlined in your application and attached drawings qualifies for Federal authorization pursuant to the State Programmatic General Permit V-R1, and a SEPARATE permit or authorization will not be required from the Corps. Please note that the Federal authorization expires on July 26, 2021. However, your authorization may remain in effect for up to 1 additional year, if provisions of Special Condition 19 of the SPGP V-R1 permit instrument are met. You, as permittee, are required to adhere to all General Conditions and Special Conditions that may apply to your project. Special conditions required for your project are attached. A copy of the SPGP V-R 1 with all terms and conditions and the General Conditions may be found at https://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx.

U.S. ARMY CORPS OF ENGINEERS SPGP SPECIAL CONDITIONS

Note: JAXBO (Jacksonville District’s Programmatic Biological Opinion), referenced throughout, may be found online in the Jacksonville District Regulatory Division Sourcebook, or at http://cdm16021.contentdm.oclc.org/utils/getfile/collection/p16021coll3/id/577. The SPGP V-R1 instrument and all attachments may be found online through the Sourcebook, or at https://www.saj.usace.army.mil/SPGP/

In addition to the conditions specified above, the following Special Conditions apply to all projects reviewed and/or authorized under the SPGP V-R1.

Special Conditions for All Projects 1. Authorization, design and construction must adhere to the terms of the SPGP V-R1 instrument including the Procedure and Work Authorized sections.

2. Design and construction must adhere to the PDCs for In-Water Activities (Attachment 6, from PDCs AP.7 through AP11, inclusive, of JAXBO) (Reference: JAXBO PDC AP.1.).

3. All activities performed during daylight hours (Reference: JAXBO PDC AP.6.).

4. For all projects involving the installation of piles or sheet piles, the maximum number of piles, sheet piles or concrete slab walls or boatlift I-beams installed by impact hammer per day is limited to no more than 5 per day. Any installation of metal pipe or metal sheet pile by impact hammer is not authorized (Reference: Categories D and E of JAXBO PDCs for In-Water Noise from Pile and Sheet Pile Installation, page 86.).

5. Projects within the boundary of the NOAA Florida Keys National Marine Sanctuary require prior approval from the Sanctuary (Reference: JAXBO PDCs AP.14 and A1.6).

6. Notifications to the Corps. For all authorizations under this SPGP V-R1, including Self- Certifications, the Permittee shall provide the following notifications to the Corps:

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a. Commencement Notification. Within 10 days before the date of initiating the work authorized by this permit or for each phase of the authorized project, the Permittee shall provide a written notification of the date of commencement of authorized work to the Corps. b. Corps Self-Certification Statement of Compliance form. Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the “Self-Certification Statement of Compliance” form (Attachment 32) and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the “Self-Certification Statement of Compliance” form. The description of any deviations on the “Self- Certification Statement of Compliance” form does not constitute approval of any deviations by the Corps. c. Permit Transfer. When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date the enclosed form (Attachment 2). d. Reporting Address. The Permittee shall submit all reports, notifications, documentation, and correspondence required by the general and special conditions of this permit to the following address. (1) For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL, 32232-0019. (2) For electronic mail: [email protected] (not to exceed 10 MB). The Permittee shall reference this permit number, SAJ- 2015-02575 on all submittals.

7. The District Engineer reserves the right to require that any request for authorization under this SPGP V-R1 be evaluated as an Individual Permit. Conformance with the terms and conditions of the SPGP V-R1 does not automatically guarantee Federal authorization.

8. On a case-by-case basis, the Corps may impose additional Special Conditions which are deemed necessary to minimize adverse environmental impacts.

9. Failure to comply with all conditions of the SPGP V-R1 constitutes a violation of the Federal authorization.

10. No structure or work shall adversely affect or disturb properties listed in the National Register of Historic Places or those eligible for inclusion in the National Register. Prior to the start of work, the Applicant/Permittee or other party on the Applicant’s/Permittee’s behalf, shall conduct a search of known historical properties by contracting a professional archaeologist, and contacting the Florida Master Site File at 850-245-6440 or [email protected]. The Applicant/Permittee can also research sites in the National Register Information System (NRIS). Information can be found at http://www.cr.nps.gov/nr/research.

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a. If, during the initial ground disturbing activities and construction work, there are archaeological/cultural materials unearthed (which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, 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), the Permittee shall immediately stop all work in the vicinity and notify the Compliance and Review staff of the State Historic Preservation Office at 850-245-6333 and the Corps Regulatory Project Manager to assess the significance of the discovery and devise appropriate actions, including salvage operations. Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend, or revoke the permit in accordance with 33 C.F.R. § 325.7.

b. In the unlikely event that human remains are identified, the remains will be treated in accordance with Section 872.05, Florida Statutes; all work in the vicinity shall immediately cease and the local law authority, and the State Archaeologist (850-245-6444) and the Corps Regulatory Project Manager shall immediately be notified. Such activity shall not resume unless specifically authorized by the State Archaeologist and the Corps.

11. The Permittee is responsible for obtaining any “take” permits required under the U.S. Fish and Wildlife Service’s regulations governing compliance with these laws. The Permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such “take” permits are required for a particular activity.

12. For Projects authorized under this SPGP V-R1 in navigable waters of the U.S., the Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

13. The SPGP V-R1 will be valid through July 26, 2021 unless suspended or revoked by issuance of a public notice by the District Engineer. The Corps, in conjunction with the Federal resource agencies, will conduct periodic reviews to ensure that continuation of the permit during the period ending July 26, 2021, is not contrary to the public interest. The SPGP V-R1 will not be extended beyond July 26, 2021, but may be replaced by a new SPGP. If revocation occurs, all future applications for activities covered by the SPGP V-R1 will be evaluated by the Corps.

14. If the SPGP V-R1 expires, is revoked, or is terminated prior to completion of the authorized work, authorization of activities which have commenced or are under contract to commence in reliance upon the SPGP V-R1 will remain in effect provided the activity is completed within 12 months of the date the SPGP V-R1 expired or was revoked.

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Special Conditions for Shoreline Stabilization Activities

1. Shoreline stabilization materials must be placed by hand around red mangrove prop roots (Reference: JAXBO PDC A1.3.).

2. Living shorelines can only be constructed in unvegetated, nearshore water along shorelines to create tidal marshes or mangrove habitat for the purpose of shoreline erosion control or aquatic habitat enhancement. Native plants can be placed along the shoreline or between the shoreline and the living shoreline structure (Reference: JAXBO PDC A7.4.).

3. Living shoreline structures and permanent wave attenuation structures can only be constructed out of the following materials: oyster breakwaters, clean limestone boulders or stone (sometimes contained in metal baskets or cages to contain the material), small mangrove islands, biologs, coir, rock sills, and pre-fabricated structures made of concrete and rebar that are designed in a manner so that they do not trap sea turtles, smalltooth sawfish, or sturgeon (Reference: JAXBO PDC A7.5.). a. Reef balls or similar structures are authorized if are not open on the bottom, open-bottom structures with a top opening of at least 4 ft, and reef discs stacked on a pile are pre- fabricated structures are designed in a manner so that they do not trap sea turtles. b. Oyster reef materials shall be placed and constructed in a manner that ensures that materials will remain stable and that prevents movement of materials to surrounding areas (e.g., oysters will be contained in bags or attached to mats and loose cultch must be surrounded by contained bagged oysters or another stabilizing feature) (Reference: JAXBO PDC A7.2.). c. Oyster reef materials shall be placed in designated locations only (i.e., the materials shall not be indiscriminately dumped or allowed to spread outside of the reef structure) (Reference: JAXBO PDC A7.3.). d. Wave attenuation structures must have 5 ft gaps at least every 75 ft in length as measured parallel to the shoreline and at the sea floor, to allow for tidal flushing and species movement (Reference: JAXBO PDC A7.6.). e. Wave attenuation structures must have 5 ft gaps at least every 75 ft in length as measured parallel to the shoreline and at the sea floor, to allow for tidal flushing and species movement (Reference: JAXBO PDC A7.6.). f. Other materials are not authorized by this SPGP V-R1 (Reference: JAXBO PDC A7.5.).

4. For living shorelines, only native plant species can be planted (Reference: JAXBO PDC A7.1.).

Special Conditions for Docks, Piers, Associated Facilities, and other Minor Piling-Supported Structures 1. For temporary structures associated with marine events. Upon completion of the event, these structures must be removed and, to the maximum extent practical, the site must be restored to pre-construction elevations. Water depths in the area of marine events must be deep enough to support at least 5 ft of water depth under the keel of a vessel and between the keel of

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86 a vessel and Endangered Species Act listed coral colonies, if present, when transiting to the mooring areas (Reference: JAXBO PDC A2.1.4.).

2. Educational Signs. For commercial, multi-family, or public facilities, and marine events, signs must be posted as described below (Reference: These replicate JAXBO PDCs A.2.2 and A.2.2.1 to A.2.2.3., inclusive, within the table PDCs Specific to Activity 2 - Pile Supported Structures and Anchored Buoys, starting on page 112.): a. (A2.2.) For commercial, multi-family, or public facilities, and marine events, signs must be posted in a visible location(s), alerting users of listed species in the area susceptible to vessel strikes and hook-and-line captures. The most current version of the signs that must be downloaded and sign installation guidance are available at: (http://sero.nmfs.noaa.gov/protected_resources/section_7/protected_species_educatio nal_signs/index.html). The signs required to be posted by area are stated below: (1) (A2.2.1.) All projects in Florida shall use the Save Sea Turtle, Sawfish, and Dolphin sign. These signs shall include contact information to the sea turtle and marine mammal stranding networks and smalltooth sawfish encounter database. (2) (A2.2.2.) Projects within the North Atlantic right whale educational sign zone shall post the Help Protect North Atlantic Right Whales sign. (3) (A2.2.3.) On the east coast of Florida, projects located within the St. Johns River and those occurring north of the St. Johns River to the Florida-Georgia line shall post the Report Sturgeon sign. On the west coast of Florida, projects occurring from the Cedar Key, Florida north to the Florida-Alabama line.

3. Monofilament Recycling Bins. For commercial, multi-family, or public facilities, monofilament recycling bins must be provided as described below (Reference: The below replicates PDC A.2.3 within the table PDCs Specific to Activity 2 - Pile Supported Structures and Anchored Buoys, the PDC itself on page 113 of the JAXBO.): a. (A2.3.) For commercial, multi-family, or public facilities, monofilament recycling bins must be provided at the docking facility to reduce the risk of turtle or sawfish entanglement in, or ingestion of, marine debris. Monofilament recycling bins must: (1) (A2.3.1.) Be constructed and labeled according to the instructions provided at http://mrrp.myfwc.com. (2) (A2.3.2.) Be maintained in working order and emptied frequently (according to http://mrrp.myfwc.com standards) so that they do not overflow.

4. North Atlantic Right Whale. The attached North Atlantic Right Whale Information Form (Attachment 27) describes the presence of North Atlantic right whales in the area and the Federal regulations governing the approach to North Atlantic right whales. (The FDEP or Designee will attach this document to their authorizations for a dock project (new construction, repair, or replacement) at a private residence located within 11 nautical miles of North Atlantic right whale critical habitat as measured in a radius from the center of the nearest inlet to open ocean described by Attachment 29, the North Atlantic Right Whale Educational Sign Zones (from Section 2.1.1.4 of JAXBO, pages 31 and 32, inclusive) (Reference: JAXBO PDC A2.4.).

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5. Aids to Navigation. Aids to navigation must be approved by and installed in accordance with the requirements of the U.S. Coast Guard (i.e., 33 C.F.R., chapter I, subchapter C, part 66, Section 10 of the Rivers and Harbors Act, and any other pertinent requirements) (Reference: JAXBO PDC A2.5.).

6. Lighting for docks installed within visible distance of ocean beaches. If lighting is necessary, then turtle-friendly lighting shall be installed. Turtle-friendly lighting is explained and examples are provided on the Florida Fish and Wildlife Conservation Commission website: http://myfwc.com/wildlifehabitats/managed/sea-turtles/lighting/ (Reference: JAXBO PDC A2.8.).

7. Construction Location. Project construction shall take place from uplands or from floating equipment (e.g., barge); prop or wheel-washing is prohibited (Reference: JAXBO PDC A2.9.).

8. Regarding submerged and emergent aquatic vegetation, the design and construction of a Project must comply with the following:

a. A pile supported structure (i) that is located on a natural waterbody (i.e., outside an artificial waterway that was excavated for boating access and is bordered by residential properties) and (ii) that is within the range of seagrass (estuarine waters within all coastal counties except for Nassau, Duval, St Johns, Flagler and Volusia north of Ponce Inlet), will be constructed to the following standards: (1) Must comply with or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” updated November 2017 (Attachment 5). (2) In addition to (1), above, IF the project is within range of Johnson’s seagrass (the range of Johnson’s seagrass is defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida), THEN the design and construction shall comply with, in some cases, the more restrictive requirements within paragraph 8.c., below (Reference: JAXBO PDC A2.17). b. For all other Projects, (1) Within the range of Johnson’s seagrass (the range of Johnson’s seagrass is defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida), the presence of submerged aquatic vegetation will be determined utilizing the “Submerged Aquatic Vegetation Survey Guidelines” (Attachment 7). If no survey performed, aquatic vegetation, including Johnson’s seagrass, will be presumed to be present for purposes of this Special Condition. (2) Outside the range of Johnson’s seagrass but within the range of seagrass (estuarine waters within all coastal counties except for Nassau, Duval, St Johns, Flagler and Volusia County north of Ponce Inlet) and within tidal waters, the presence of seagrass and tidal freshwater submerged aquatic vegetation will be determined using the “Submerged Aquatic Vegetation Survey Guidelines” (Attachment 7) unless a site visit

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or aerial photography observes absence during the growing season (if water depth and clarity allows) or aquatic vegetation has not been found in the vicinity in the past. (3) Pile-supported structures, IF aquatic vegetation is present (including seagrass, tidal freshwater submerged aquatic vegetation and emergent vegetation), THEN must comply with or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” updated November 2017 (Attachment 5). (4) In addition to (1) to (3) above, IF the proposed dock or proposed structure is within range of Johnson’s seagrass (the range of Johnson’s seagrass is defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida), and IF the proposed dock or proposed structure falls within the following scenarios, THEN the design and construction shall comply with, in some cases, the more restrictive requirements within paragraph 8.c.,below. (Reference: The following replicates “Scenario B” as defined within A2.17., PDCs for Docks or Other Minor Structures of JAXBO.): (i) Dock replacement in the exact footprint (i.e., same location/configuration/size) as the previous dock and: (a) within Johnson’s seagrass critical habitat with No current seagrass survey (completed no earlier than 1 year before submitting the application); or, Johnson’s seagrass under the dock; or, Native seagrass, other than Johnson’s seagrass, under the dock; or, (b) within the Range of Johnson’s seagrass (outside of critical habitat) with No current seagrass survey or,Johnson’s seagrass under the dock, (ii) New docks or dock expansions and: (a) within Johnson’s seagrass critical habitat; or, (b) within the Range of Johnson’s seagrass (outside of critical habitat) with: No current seagrass survey (completed no earlier than 1 year before submitting the application) or, Johnson’s seagrass within property limit. c. The following additional restrictions apply when required by paragraphs 8.a.(2) or 8.b.(4), above (Reference: The following replicates the “Dock PDCs for Scenario B” within A2.17. PDCs for Docks or Other Minor Structures of JAXBO.): (1) To avoid and minimize impacts to Johnson’s seagrass and native, non-listed seagrasses to the maximum extent practicable: (i) The dock must be positioned to avoid and minimize effects to Johnson’s seagrass. (ii) Over any area that contains Johnson’s seagrass or native, non- listed seagrasses, the dock shall be oriented in a north-south orientation to the maximum extent that is practicable to allow maximum sunlight under the structure. (iii)If practicable, terminal platforms shall be placed in deep water, waterward of Johnson’s seagrass beds or native, non-listed seagrasses beds or in an area devoid of Johnson’s seagrass or native, non-listed seagrasses. (iv)Piles must be spaced a minimum of 10 ft apart in any area that contains Johnson’s seagrass to minimize direct impacts.

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(v) Piles shall be installed in a manner that will not result in the formation of sedimentary deposits (e.g., donuts or halos) around the newly installed pilings. (vi)No covered boat lifts are allowed over any Johnson’s seagrass. (2) Decking options: Deck surfaces (parallel with the water) that are located waterward of the MHWL must be constructed of grated materials or plank construction or a combination of the both methods (e.g. plank decking on the walkway and grated decking on the terminal platform). These decking options are described below: (i) For grated decking: (a) Height requirement: The surface of the structure, including the dock walkway (the over- water narrow portion connecting the terminal platform to the shore and any over-water ramp required for access) and the dock, must be a minimum of 3 ft above MHW when constructed with grated decking. (b) Size limitations: The dock walkway is limited to a width of 4 ft. The terminal platform is limited to a total area of 160 ft². Marginal docks are limited to a width of 5 ft. The 5 ft width restriction is measured from wet side of the seawall. For example, if a seawall cap is 3 feet overwater then the dock would be limited to 2 feet. (c) Material description: Decking materials shaped in the form of grids, grates, lattices, etc., to allow the passage of light through the open spaces. These materials must provide a minimum of 43% open space. (ii) For plank decking: (a) Height requirement: The surface of the structure, including the dock walkway (the over- water narrow portion connecting the terminal platform to the shore and any over-water ramp required for access) and the dock, must be a minimum of 5 ft above MHW when constructed of plank decking. (b) Size limitations: The dock walkway is limited to a width of 4 ft. The terminal platform is limited to a total area of 120 ft². Marginal docks are limited to a width of 5 ft. (c) Material description: Deck boards may be constructed of any material. Deck Boards must be installed to provide a minimum of a 0.5-in gap between individual deck boards. d. Aids to Navigation in Acropora critical habitat. The distance from Aids to Navigation (ATONs) to ESA-listed corals and Acropora critical habitat shall ensure there are no impacts to the corals or the essential feature of Acropora critical habitat from the movement of buoys and tackle. The appropriate distance shall be based on the size of the anchor chain or other tackle to be installed to secure the buoy to its anchor, particularly when the design of the ATON does not prohibit the contact of tackle with the marine bottom. In all cases, buoy tackle will include flotation to ensure there is no contact between the anchor chain or line and the marine bottom (Reference: JAXBO PDC A2.10.).

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Agenda Item 7. D. Minor Work Permit No. 71381 (EPC)

Attachments:

1. Port Tampa Bay Minor Work Permit Application

Plan Hillsborough planhillsborough.org [email protected] 813 - 272 - 5940 601 E Kennedy Blvd 18th floor Tampa, FL, 33602

95

COMMISSION DIRECTORS Janet L. Dougherty

Mariella Smith CHAIR EXECUTIVE DIRECTOR

Pat Kemp VICE-CHAIR Harry Cohen Hooshang Boostani, P.E. WASTE DIVISION Ken Hagan Elaine S. DeLeeuw, ADMIN DIVISION Gwendolyn “Gwen” W. Myers Sam Elrabi, P.E. WATER DIVISION Kimberly Overman Rick Muratti, Esq. LEGAL DEPT Stacy White Andy Schipfer, P.E. WETLANDS DIVISION Sterlin Woodard, P.E. AIR DIVISION

May 4, 2021

Shawn College [email protected] P.O. Box 1110 Tampa, FL 33601

INTERESTED PARTY NOTIFICATION LETTER ENVIRONMENTAL PROTECTION COMMISSION MINOR WORK PERMIT APPLICATION NO. - 71381

Applicant: Matthew Heller 2410 N. Riverside Drive Tampa, FL 33602

Dear Mr. College:

Please be advised the Environmental Protection Commission (EPC) has received the enclosed Minor Work Permit application for the issuance of an EPC permit pursuant to the Amended and Restated Interlocal Agreement between the EPC and the Tampa Port Authority (TPA) and Section 25, Chapter 95- 488 Laws of Florida.

Please review the attached application and permit. If you have any questions or concerns regarding this application, please call me at (813) 627-2600 ext. 1209.

Sincerely,

Michael Gile Environmental Scientist Wetlands Division Environmental Protection Commission of Hillsborough County mpg/cb/mhs Enclosures cc: Matthew Heller – [email protected]

Environmental Excellence in a Changing World Roger P. Stewart Center 3629 Queen Palm Drive, Tampa, FL 33619 - (813) 627-2600 - www.epchc.org 96

Merchant, Sabatia

From: [email protected] on behalf of epcinfo at epchc.org Sent: Wednesday, November 25, 2020 1:17 PM To: Merchant, Sabatia Subject: MWP09 - Minor Work Permit Application Result #11998953

Follow Up Flag: Follow up Flag Status: Flagged

NEW $650 Review Fee

Fee Amount: 650.00

Item #211 Applicant proposes to repair an existing dock and add a 4' x 40' catwalk and install approximately 101 linear feet (LF) of seawall between two adjoining neighboring seawalls.

Owner First Name Matthew

Owner Last Name Heller

Mailing Address 2202 Lee Ct.

City Tampa

State FL

Zip Code 33607

Owner Telephone Number(s) 813-240-9454

Email Address [email protected]

Are you using an agent? Yes

Agent First Name Carl

Agent Last Name Poole

Company Name (if applicable) J Foster Consulting, LLC

Street Address 101 16th Avenue South, Suite 5

City St. Petersburg

State FL

Zip Code 33701

Telephone Number(s) 7278211949

1 97 Email Address [email protected]

Site Street Address 2410 N Riverside Dr

City Tampa

State FL

Zip Code 33602

Folio Numbers(s) of Site 183518-0000

Parcel ID:

Section

Required 14

Township

Required 29

Range

Required 18

Name of Water Body / Waterway at Hillsborough River Proposed Project

Proposed: Private Single-Dwelling

Owner City of Tampa

Check to confirm that your project is not Confirmed located in critical habitat for smalltooth sawfish or gulf sturgeon, as applicable.

Check to confirm that if your project Confirmed is located in waters accessible to manatees, the project shall not affect or will not directly or indirectly likely adversely affect manatees, as applicable.

A. Structures New Work Maintenance / Replacement Addition / Modification

1) Dock, Observation Deck, Pier, or Dock Elevated Boardwalk (check applicable Pier boxes)

Item #232

Length of Shoreline (in linear feet)

2 98 (if applicable) 101

Number of Proposed Docks

(if applicable) 1

Number of Boat Slips / Lifts

(if applicable) 2/1

Length from OHW/MHW to Waterward Edge of Structure (in feet)

(if applicable) 54

Width of Structure (in feet)

(if applicable) 24

Mooring Water Depth at O/MLW (in feet)

(if applicable) -2 MLW

Existing Structure Area (in square feet)

(if applicable) 605

Proposed Structure Area (in square feet)

(if applicable) 160

Overall Area of Facility (in square feet)

(if applicable) 765

2) Seawalls, Rip-Rap, Revetments, or Seawall Other Shoreline Stabilization (check applicable boxes)

Item #237

Length of Shoreline at Site (in linear feet)

(if applicable) 101

Length of Work Proposed Along Shoreline (in linear feet)

(if applicable) 101

Seawall Vertical Height (in feet)

(if applicable) 4

Rip-Rap Slope - Horizontal Distance (in feet)

Rip-Rap Slope - Vertical Height (in feet)

3 99 Type of Material

(if applicable) vinyl

Dredged Volume (in cubic feet)

Filled Volume (in cubic feet)

(if applicable) 272

C. Filling Check if Filling

1) Volume

Volume - Above OHW/MHW

(required) 389.8

Volume - Below OHW/MHW

(required) 272

Volume - Total (in cubic yards)

(required) 661.8

2) Area

Area - Above OHW/MHW

(required) 1118

Area - Below OHW/MHW

(required) 46

Area - Total (in square feet)

(required) 1164

3) Containment Seawall

4) Type of Material USCS SW/SP CLEAN SANDS

5) Source of Material Off-site

If Off-site: clean sand source per contractor

To Begin On: 12/28/2020

To Be Completed By: 03/22/2021

Public Interest Comment Box: The proposed work will not affect neighboring properties nor the public interest. It will protect the shoreline from eroding further and possibly negatively affecting others.

4 100 1st Adjacent Property Owner Name(s) PALLADINI EDWARD M

Mailing Address 2414 N RIVERSIDE DR

City TAMPA,

State FL

Zip Code 33602

2nd Adjacent Owner SERENO KRISTI

Mailing Address 2408 N RIVERSIDE DR

City Tampa

State Fl

Zip Code 33602

OWNER / APPLICANT I am an agent filling out the application on behalf of the ACKNOWLEDGEMENT owner.

Please download, complete and sign the Signed_Owners_Authorization_EPC_Heller.pdf (660k) Owner's Authorization Form. Then upload the signed authorization document here:

Project Drawings uploads: ( Site Plan, Tampa__Riverside-Dr-N_2410_DEPTHS_signed-

Plan Review, Profile) _sealed.pdf (757k)

This email was sent to [email protected] as a result of a form being completed. Click here to report unwanted email.

5 101

COMMISSION DIRECTORS Janet L. Dougherty

Mariella Smith CHAIR EXECUTIVE DIRECTOR

Pat Kemp VICE-CHAIR Harry Cohen Hooshang Boostani, P.E. WASTE DIVISION Ken Hagan Elaine S. DeLeeuw, ADMIN DIVISION Gwendolyn “Gwen” W. Myers Sam Elrabi, P.E. WATER DIVISION Kimberly Overman Rick Muratti, Esq. LEGAL DEPT Stacy White Andy Schipfer, P.E. WETLANDS DIVISION Sterlin Woodard, P.E. AIR DIVISION

May 4, 2021

Matthew Heller (Sent via email) [email protected] 6511 N. 54th Street Tampa, FL 33610

Permittee: MATTHEW HELLER

Permit Number: 71381 Type of Permit: INTENT TO ISSUE MINOR WORK PERMIT FOR A REPLACEMENT SEAWALL AND A DOCK WITH A NON-COVERED BOATLIFT Project Address: 2410 N. RIVERSIDE DRIVE, TAMPA, FL 33602 Issuance Date: MAY 29, 2021 Expiration Date: MAY 29, 2024

Dear Matthew Heller:

This Intent to Issue the Minor Work Permit (Permit) for a replacement seawall and a dock with a non-covered boatlift is issued to Matthew Heller (Permittee) by the Environmental Protection Commission of Hillsborough County (EPC) on behalf of the Tampa Port Authority (TPA). The TPA delegated this regulatory authority to the EPC in 2009. Please review this document and attachments carefully, paying particular attention to the conditions and approved drawings. NO CONSTRUCTION ACTIVITY SHALL OCCUR in wetlands or other surface waters until May 29, 2021.

The EPC reserves the right to stop this Permit from becoming effective under any of the following circumstances: (1) if the EPC revokes the Permit pursuant to Section 1-2.052, Rules of the EPC; (2) if a “Notice of Appeal” or “Request for Extension of Time to File a Notice of Appeal” under Part IV of Section 1-2, Rules of the EPC (See NOTICE OF RIGHTS) is timely filed; or (3) if any applicable Federal governmental agency objects to verification that the activity qualifies for the United States Army Corp’s of Engineers’ State Programmatic General Permit. The Permittee shall be noticed in writing if any of these occur. No construction activity may occur until such time as the issue is resolved and the Permit becomes effective. It is possible in some circumstances for the Permit to be challenged after the initial construction date. Please contact the EPC Legal Department if you have any questions regarding this process.

This Permit authorizes the above named permittee, hereinafter referred to as the Permittee, to perform the described work on wetlands and/or other surface waters, on or adjacent to submerged lands under the regulatory or proprietary jurisdiction of the TPA. This Permit

Environmental Excellence in a Changing World Environmental Protection Commission - Roger P. Stewart Center 3629 Queen Palm Drive, Tampa, FL 33619 - (813) 627-2600 - www.epchc.org 102 addresses activities regulated under the TPA Submerged Lands Management Rules and EPC Wetland Rule Chapter 1-11, Rules of the EPC. This work shall be accomplished in accordance with the general and specific conditions contained in this Permit. This Permit shall expire on the date noted in this Permit and shall be valid until it expires or such time as it is amended, replaced, or revoked in writing.

Acceptance of this Permit constitutes acceptance of all the attached conditions and the project drawings. Compliance with all conditions is necessary for the Permit to be considered valid. Should you have objections to any of these conditions, please see the attached NOTICE OF RIGHTS detailing the appeal process.

Sincerely,

P. Andy Schipfer, P.E. – Division Director EPC Wetlands Division mpg/cb/mhs Enclosures ec: Ricco Palermo – [email protected] Jose Sanchez – [email protected] J. Foster Consulting LLC – [email protected] City of Tampa - Construction Services Department cc: Edward Palladini Kristi Sereno

Permit No. 71381 Page 2 of 11

103

Janet L. Dougherty, Executive Director

P E R M I T

PERMIT NUMBER: 71381

PERMITTEE: MATTHEW HELLER 6511 N. 54TH STREET TAMPA, FL 33610

AGENT: J. FOSTER CONSULTING LLC KAT BRIONI 101 16TH AVENUE SOUTH, SUITE 5 ST. PETERSBURG, FL 33701

PROJECT DESCRIPTION: INSTALLATION OF APPROXIMATELY 106 LINEAR FEET OF VINYL SHEET PILE IN FRONT OF THE EXISTING SEAWALL AND CONSTRUCTION OF A DOCK WITH A NON-COVERED BOATLIFT PURSUANT TO PERMIT EXHIBITS AND CONDITIONS

PROJECT LOCATION: 2410 N. RIVERSIDE DRIVE, TAMPA, FL 33602/ HILLSBOROUGH RIVER

DATE OF ISSUE: MAY 29, 2021 EXPIRATION DATE: MAY 29, 2024

THIS PERMIT CARD SHALL BE PROMINENTLY DISPLAYED AT THE WORKSITE. FOR QUESTIONS CALL THE WETLANDS DIVISION (813) 627-2600.

Permit No. 71381 Page 3 of 11

104

ENVIRONMENTAL PROTECTION COMMISSION MINOR WORK PERMIT No. - 71381 SPECIFIC CONDITIONS May 29, 2021

1. This Permit authorizes the installation of approximately 106 linear feet of vinyl sheet pile in front of the existing seawall and the construction of a dock with a non-covered boatlift.

2. Be advised, if the proposed activity approved by this Permit is altered, a modification to this Permit with applicable application and fee may be required. Modifications include, but are not limited to, changes to the footprint of the proposed activity or adding structures such as: floating vessel platforms, floating docks, roofs, canopy covers, personal watercraft (PWC) lifts, etc. Modifications require review by EPC.

3. This Permit does not authorize the placement of pilings or any other structures extraneous to the installation of the seawall, dock, and boatlift.

4. All wetland vegetation, including but not limited to mangroves, must be preserved during all construction authorized under this Permit. No mangrove removal is allowed. Further, no impacts to existing submerged aquatic vegetation, coral communities or oyster beds shall occur under this Permit.

5. The enclosed Permit Card shall be conspicuously displayed at the project site once work on this project has been initiated and shall remain so displayed until the project has been completed. Within fifteen (15) days of completion of this project, EPC is to be notified via email [email protected].

SEAWALL CONSTRUCTION SPECIFIC CONDITIONS

6. The seawall shall be constructed as depicted per EPC approved Permit exhibits A-1, A-2, A- 3, and A-4. The proposed seawall height, including that of the cap, is not a part of this Permit and seawall height is not regulated by the EPC or TPA.

7. The seawall shall be placed within the property limits as depicted per EPC approved Permit exhibits A-1 and A-3.

8. The replacement seawall shall be constructed within twelve (12) inches face to face of the original vertical alignment of existing seawall as depicted per EPC approved Permit exhibit A-2.

9. During the installation of the replacement seawall, a floating turbidity curtain and/or silt fence shall be deployed waterward of the work site and attached from adjacent shoreline to adjacent shoreline. The turbidity curtain/ silt fence must remain in place until the work has ceased and any resultant construction-related turbidity has settled out. These measures should be removed as soon as water quality returns to sustainable background levels and / or all areas of disturbed soils are stabilized.

Permit No. 71381 Page 4 of 11

105

10. Removal of part or the entire existing seawall cap to facilitate the installation of new vinyl sheet pilings as repair to the existing seawall must be accomplished in a manner so that all debris, including but not limited to broken concrete and rebar, is completely removed from the waterward side of the new seawall and properly disposed of.

11. This Permit does not authorize the seawall installation to cover or obstruct any existing storm water outfall pipes.

12. This Permit does not authorize any dredging activity.

13. Removal of part of the existing dock structure to facilitate the installation of new vinyl sheet pilings as repair to the existing seawall must be accomplished in a manner so that all debris is properly disposed of and the release of turbid water offsite is prevented.

DOCK CONSTRUCTION SPECIFIC CONDITIONS

14. The structure shall be constructed as depicted per EPC approved Permit exhibits A-5, A-6, and A-7.

15. The structure shall be placed within the property limits as depicted per EPC approved Permit exhibits A-6 and A-7.

16. The 57.5-foot length of this structure, as depicted in the EPC approved Permit exhibits A-6 of this permit, is 2.5 feet less than the maximum distance that can be authorized under current TPA Submerged Lands Management Rules. Consequently, any proposed modification to extend the length of this structure may be limited in the future.

17. The proposed docking facility shall be used to moor no more than two vessels and shall not create a navigational hazard.

18. No roof or sundeck is permitted for this structure under this Permit.

19. The water depths in mooring areas shall be no less than two (2) feet at Mean Low Water (MLW).

20. No dredging, filling, clearing or scouring shall be allowed except for the settings of pilings for the structure. If pilings are to be installed by jetting, then the water pump must be shut off when not in use to avoid unnecessary disturbance to the water body.

21. Low level lighting at the waterward end of the structure shall be permanently installed in order to make the location of the structure visible to boat operators transiting the area in accordance with the requirements of the United States Coast Guard and the Florida Marine Patrol.

22. Structures shall not be enclosed.

Permit No. 71381 Page 5 of 11

106

23. This Permit does not authorize the construction of baithouses, storage shelters, gazebos, screen porches, fish cleaning facilities, living quarters or other non-water dependent structures.

24. No davits are permitted for this structure.

25. The structure shall be constructed a minimum of 1-foot vertical elevation above the Mean High Water (MHW) elevation.

26. In the vicinity of mooring, watercraft associated with the construction of the permitted structure shall operate within the waters of sufficient depth to preclude bottom scouring/prop dredging.

U.S. ARMY CORPS OF ENGINEERS SPGP DETERMINATION

1. Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit V-R1 and a SEPARATE permit or authorization shall be required from the Corps. You must apply separately to the Corps using their APPLICATION FOR DEPARMENT OF THE ARMY PERMIT, ENG FORM 4345, or alternative as allowed by their regulations. More information on Corps permitting may be found online in the Jacksonville District Regulatory Division Source Book at: https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book.

Permit No. 71381 Page 6 of 11

107 RECEIVED 5(9,6(' APR 29 2021 EPC of H.C. 5HSODFHV'UDZLQJV5HFHLYHGBBBBBBBBBBBBAPR 28, 2021 WETLANDS

Digitally signed by Joseph Joseph Foster Date: EPC Foster 2021.04.28 PERMIT 16:32:56 -04'00'

______A-1 MPG EXHIBIT 108

71381 A B C DEFG HJKLM CAP TO BE RECEIVED HORIZ. BAR CHAMFER RAISED 4" ± (VARIES) 1 APR 28 2021 1 (7) NO. 5 BARS 5(9,6(' EPC of H.C. 30" FILL WITH USCS5HSODFHV'UDZLQJV5HFHLYHGBBBBBBBBBBBBAPR 8, 2021 4" SW/SP CLEAN SANDS WETLANDS CAP ELEVATION CAP ELEVATION NO. 3 VERT. STIRRUPS @ 12" EX. GRADE 1.0' 18" 42" 30" 2 O.C. THRU HORIZ. BAR 2 SHEET 9" (4) NO. 4 BARS MANTA RAY 6" EXISTING CAP TO BE TIEBACK ROD ANCHOR TIEBACK ROD REMOVED AT WASHER & NUT CONTRACTORS RISK. WASHER & NUT 24"

3 VERT. BAR 3 E.H. 4.0'± - 6.5'± 4' DEADMAN: (4) NO. 4 BARS (VARIES) 6' DEADMAN: (6) NO. 4 BARS 4FT OR 6FT TYP. MANTA RAY SECTION DEADMAN PVC WELLPOINT NEW WALL DRAIN FILLER CONCRETE 24" 3'-0" TYP. DEADMAN 4 BETWEEN WALLS STIRRUP 4 OR EQUAL. 3'-0" EXISTING RIPRAP SPACING 10" TO BE REMOVED VARIES 6" 6" 6" 6" VARIES CAP ELEVATION AS REQ'D EXISTING OUTER SPLICE BAR WALL VERTICAL BARS NO. 4 BARS @ 2' O.C. NOT TO EXCEED 12" 24" 5 WALL SECTION HORIZONTAL BARS 5 (3) NO. 4 BAR SCALE: 3/8" = 1'-0" Digitally TYP. RETURN CAP Josep signed by Joseph Foster 3'-0" 6 EPC 6 h Date: INNER 2021.04.27 SPLICE BAR 3'-0" PERMIT

16:01:21 Foster -04'00' ______A-2 MPG TYP. CORNER REINFORCING EXHIBIT 7 2 REVISION 2 - 04/27/21 7

NOT VALID UNLESS SIGNED & SEALED CONSTRUCTION NOTES: 1. CONCRETE - 5000 PSI (CAP) 3500 PSI AT 28 DAYS DEADMAN OR 1" X 14 FT HDG TIEBACK ROD W/ (1) HDG PLATE WASHER 2. SHEETS - 12 FT LONG VINYL SHEET PILE (ESP 6.5, SG - 550,TW-70, & NUT CONNECTED TO MR-SR MANTA RAY ANCHORS TENSIONED TO TRULINE*, OR VANGUARD STD). *TRULINE CONTACT E.O.R FOR 13000#. ADDITIONAL SPECS. 4. REBAR - GRADE 60, PLAIN. 8 3. TIEBACK RODS - 1" x 14 FT PVC ENCASED TIEBACK ROD WITH (2) HDG 6" 5. DRAINS - 1.25" DIA. X 4FT LONG SLIT TYPE PVC WELL POINT DRAINS x 6" x 1/2" PLATE WASHERS & NUTS AT EACH END WITH CONCRETE THROUGH BOTH WALLS AT 6' CENTERS 6" ABOVE THE BARNACLE LINE. 6. MEETS FBC 2020 - 7TH EDITION 109 DATE: FILE: REV: FOSTER CONSULTING 2410 RIVERSIDE DR. N. 11/24/20 20559 ---- FL PROFESSIONAL ENGINEER NO. 79708 TAMPA, FLORIDA DRAWN BY: SHEET: DE LIC. # 18618 · NJ LIC. # 24GE05181200 · TX LIC. # 133648 KGC 02 OF 02 FL CERTIFICATE OF AUTHORIZATION NO. 32050 CHECKED BY: WWW.JFOSTERCONSULTING.COM JTF P: (727) 821-1949 WALL SECTIONS SCALE: 02 P.O. BOX 7370, ST. PETERSBURG, FL 33734 AS NOTED 71381 A B C DEFG HJKLM

x 5.00 x 3.85 x 4.03 1 PROPERTY LINE 1 +3.4' +3.2' RECEIVED 5(9,6(' APR 28 2021 5HSODFHV'UDZLQJV5HFHLYHGBBBBBBBBBBBBAPR 8, 2021 EPC of H.C. x 5.17 WETLANDS 2 2 x 3.75

+3.2'

3 3

+3.2' +3.4'

EXISTING STRUCTURE 4 4 +3.2' x 3.89

5 5

+3.4' EPC

x 4.66 PERMIT

ORNAMENTAL PALM x 6.3 6 6 +3.2' ______A-3 MPG +3.2' x 4.03 RETURN CAP EXHIBIT AS NECESSARY +3.2' PROPERTY LINE

x 2.46 x 3.43 EMBED 1'-0" BELOW 7 N 7 EXISTING GRADE Digitally signed NOT VALID UNLESS SIGNED & SEALED Josep by Joseph DRAINAGE LEGEND DRAINAGE PLAN Foster X.XX EXISTING GRADE SCALE: 1" = 20'-0" h Date: X.XX PROPOSED GRADE 2021.04.27 2 REVISION 2 - 04/27/21 STORMWATER RUNOFF DIR. 8 16:01:37 -04'00' NOTE: ALL ELEVATIONS REFER TO THE Foster VERTICAL DATUM NAVD'88 110 DATE: FILE: REV: FOSTER CONSULTING 2410 RIVERSIDE DR. N. 11/24/20 20559 ---- FL PROFESSIONAL ENGINEER NO. 79708 TAMPA, FLORIDA DRAWN BY: SHEET: DE LIC. # 18618 · NJ LIC. # 24GE05181200 · TX LIC. # 133648 KGC 01 OF 02 FL CERTIFICATE OF AUTHORIZATION NO. 32050 CHECKED BY: WWW.JFOSTERCONSULTING.COM JTF P: (727) 821-1949 DRAINAGE PLAN SCALE: 01 P.O. BOX 7370, ST. PETERSBURG, FL 33734 AS NOTED 71381 A B C DEFG HJKLM

1 1

2 2

ADDITIONAL WELLPOINT DRAINS. 1.25Ø X 4' LONG PVC SLIT

3 TIEBACKS EPC 3 (PER PLAN) PERMIT TYP. SWALE DRAIN

______A-4 MPG RECEIVED TOP OF SWALE EXHIBIT 4 APR 28 2021 4 EPC of H.C. 5(9,6(' WETLANDS BASE OF SWALE 5HSODFHV'UDZLQJV5HFHLYHGBBBBBBBBBBBBAPR 8, 2021 5 DRIP LINE 5 ADDITIONAL WELLPOINT TREE BARRICADE DETAIL (N.T.S.) DRAINS. 1.25Ø X 4' LONG PVC SLIT

SEAWALL DRAIN - SEE 6 SEAWALL DRAWINGS 6

SEE PLAN 42" SWALE WALL DETAIL Joseph Digitally signed 7 by Joseph Foster 7

NOT VALID UNLESS SIGNED & SEALED Date: 2021.04.27 Foster 16:02:00 -04'00'

EXIST VEGETATION DETAIL 8 2 REVISION 2 - 04/27/21 111 DATE: FILE: REV: FOSTER CONSULTING 2410 RIVERSIDE DR. N. 11/24/20 20559 ---- FL PROFESSIONAL ENGINEER NO. 79708 TAMPA, FLORIDA DRAWN BY: SHEET: DE LIC. # 18618 · NJ LIC. # 24GE05181200 · TX LIC. # 133648 KGC 02 OF 02 FL CERTIFICATE OF AUTHORIZATION NO. 32050 CHECKED BY: WWW.JFOSTERCONSULTING.COM JTF P: (727) 821-1949 DRAINAGE DETAILS SCALE: 02 P.O. BOX 7370, ST. PETERSBURG, FL 33734 AS NOTED 71381

EPC PERMIT

______A-5 MPG EXHIBIT

RECEIVED APR 8 2021 EPC of H.C. 5(9,6(' WETLANDS 5HSODFHV'UDZLQJV5HFHLYHGBBBBBBBBBBBBNOV 25, 2020 112

71381 Dimensions in red added by EPC staff based on the scale of the drawing MPG 04/29/21

12'

57.5'

EPC PERMIT RECEIVED APR 8 2021 ______A-6 MPG EXHIBIT EPC of H.C. 5(9,6(' WETLANDS 5HSODFHV'UDZLQJV5HFHLYHGBBBBBBBBBBBBNOV 25, 2020 113

71381

EPC PERMIT

______A-7 MPG EXHIBIT

5(9,6(' 5HSODFHV'UDZLQJV5HFHLYHGBBBBBBBBBBBBNOV 25, 2020 RECEIVED APR 8 2021 EPC of H.C. WETLANDS 114

71381

Agenda Item 7. E. Minor Work Permit No. 71619 (EPC)

Attachments:

1. Port Tampa Bay Minor Work Permit Application

Plan Hillsborough planhillsborough.org [email protected] 813 - 272 - 5940 601 E Kennedy Blvd 18th floor Tampa, FL, 33602

115

COMMISSION DIRECTORS Janet L. Dougherty

Mariella Smith CHAIR EXECUTIVE DIRECTOR

Pat Kemp VICE-CHAIR Harry Cohen Hooshang Boostani, P.E. WASTE DIVISION Ken Hagan Elaine S. DeLeeuw, ADMIN DIVISION Gwendolyn “Gwen” W. Myers Sam Elrabi, P.E. WATER DIVISION Kimberly Overman Rick Muratti, Esq. LEGAL DEPT Stacy White Andy Schipfer, P.E. WETLANDS DIVISION Sterlin Woodard, P.E. AIR DIVISION

April 29, 2021

Shawn College [email protected] P.O. Box 1110 Tampa, FL 33601 INTERESTED PARTY NOTIFICATION LETTER ENVIRONMENTAL PROTECTION COMMISSION MINOR WORK PERMIT APPLICATION NO. - 71619

Applicant: Jason Woods 7502 Park Drive Tampa, FL 33610

Dear Mr. College:

Please be advised the Environmental Protection Commission (EPC) has received the enclosed Minor Work Permit application for the issuance of an EPC permit pursuant to the Amended and Restated Interlocal Agreement between the EPC and the Tampa Port Authority (TPA) and Section 25, Chapter 95- 488 Laws of Florida.

Please review the attached application and project drawings. If you have any questions or concerns regarding this application, please call me at (813) 627-2600 ext. 1209.

Sincerely,

Michael Gile Environmental Scientist Wetlands Division Environmental Protection Commission of Hillsborough County

mpg/mhs Enclosures ec: Jason Woods - [email protected]

Environmental Excellence in a Changing World Roger P. Stewart Center 3629 Queen Palm Drive, Tampa, FL 33619 - (813) 627-2600 - www.epchc.org 116

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Agenda Item 7. F. Minor Work Permit No. 72211 (EPC)

Attachments:

1. Port Tampa Bay Minor Work Permit Application

Plan Hillsborough planhillsborough.org [email protected] 813 - 272 - 5940 601 E Kennedy Blvd 18th floor Tampa, FL, 33602

126

COMMISSION DIRECTORS Janet L. Dougherty

Mariella Smith CHAIR EXECUTIVE DIRECTOR

Pat Kemp VICE-CHAIR Harry Cohen Hooshang Boostani, P.E. WASTE DIVISION Ken Hagan Elaine S. DeLeeuw, ADMIN DIVISION Gwendolyn “Gwen” W. Myers Sam Elrabi, P.E. WATER DIVISION Kimberly Overman Rick Muratti, Esq. LEGAL DEPT Stacy White Andy Schipfer, P.E. WETLANDS DIVISION Sterlin Woodard, P.E. AIR DIVISION

May 4, 2021

Shawn College [email protected] P.O. Box 1110 Tampa, FL 33601

INTERESTED PARTY NOTIFICATION LETTER ENVIRONMENTAL PROTECTION COMMISSION MINOR WORK PERMIT APPLICATION NO. - 72211

Applicant: Travis Roberts 4303 N. River Avenue Tampa, FL 33607

Dear Mr. College:

Please be advised the Environmental Protection Commission (EPC) has received the enclosed Minor Work Permit application for the issuance of an EPC permit pursuant to the Amended and Restated Interlocal Agreement between the EPC and the Tampa Port Authority (TPA) and Section 25, Chapter 95- 488 Laws of Florida.

Please review the attached application and permit. If you have any questions or concerns regarding this application, please call me at (813) 627-2600 ext. 1209.

Sincerely,

Michael Gile Environmental Scientist Wetlands Division Environmental Protection Commission of Hillsborough County mpg/cb/mhs Enclosures cc: Travis Roberts – [email protected]

Environmental Excellence in a Changing World Roger P. Stewart Center 3629 Queen Palm Drive, Tampa, FL 33619 - (813) 627-2600 - www.epchc.org 127

From: [email protected] on behalf of epcinfo at epchc.org To: Hager, Margaret Subject: MWP09 - Minor Work Permit Application Result #12268824 Date: Thursday, April 1, 2021 6:53:41 PM

NEW $650 Review Fee

Fee Amount: 650.00

Item #211 construct 42 ft dock with adjacent 4 piling boatlift

Owner First Name TRAVIS

Owner Last Name ROBERTS

Mailing Address 11723 Jackson Landing Place

City Tampa

State FL

Zip Code 33624

Owner Telephone 813 629-2921 Number(s)

Email Address [email protected]

Are you using an agent? Yes

Agent First Name Jimmy

Agent Last Name Gres

Company Name (if ANCHOR MARINE& BOAT LIFT.CO applicable)

Street Address 4323 w bay to bay BLVD, Tampa

City TAMPA

State FL

Zip Code 33629

Telephone Number(s) 18139020600

Email Address [email protected]

Site Street Address 4303 N River View Ave

City TAMPA

State FL

Zip Code 33607

128 Folio Numbers(s) of Site 1102340000

Parcel ID:

Section

Required 11

Township

Required 29

Range

Required 18

Name of Water Body / HILLSBOROUGH RIVER Waterway at Proposed Project

Proposed: Private Single-Dwelling

Owner CITY of TAMPA

Check to confirm that Confirmed your project is not located in critical habitat for smalltooth sawfish or gulf sturgeon, as applicable.

Check to confirm that if Confirmed your project is located in waters accessible to manatees, the project shall not affect or will not directly or indirectly likely adversely affect manatees, as applicable.

A. Structures New Work

1) Dock, Observation Dock Deck, Pier, or Elevated Boardwalk (check applicable boxes)

Item #232

Length of Shoreline (in linear feet)

(if applicable) 50

Number of Proposed Docks

(if applicable) 1

129 Number of Boat Slips / Lifts

(if applicable) 1

Length from OHW/MHW to Waterward Edge of Structure (in feet)

(if applicable) 42

Width of Structure (in feet)

(if applicable) 22

Mooring Water Depth at O/MLW (in feet)

(if applicable) 2

Existing Structure Area (in square feet)

(if applicable) None

Proposed Structure Area (in square feet)

(if applicable) 384

Overall Area of Facility (in square feet)

(if applicable) 384

To Begin On: 05/20/2021

To Be Completed By: 05/21/2021

Public Interest Comment This project will not adversely impact the Jurisdictional Lands and Box: associate water bodies.

1st Adjacent Property MOBLEY HOMES CUSTOM LLC Owner Name(s)

Mailing Address 711 SWANN AVE

City TAMPA

State FL

Zip Code 33606

2nd Adjacent Owner SANTIAGO, Jose R & Velda G

Mailing Address PO BOX 45040

City TAMPA

State FL

Zip Code 33677-5040

OWNER / APPLICANT I am an agent filling out the application on behalf of the owner. ACKNOWLEDGEMENT

130

COMMISSION DIRECTORS Janet L. Dougherty Mariella Smith CHAIR EXECUTIVE DIRECTOR Pat Kemp VICE-CHAIR Harry Cohen Hooshang Boostani, P.E. WASTE DIVISION Ken Hagan Elaine S. DeLeeuw, ADMIN DIVISION Gwendolyn “Gwen” W. Myers Sam Elrabi, P.E. WATER DIVISION Kimberly Overman Rick Muratti, Esq. LEGAL DEPT Stacy White Andy Schipfer, P.E. WETLANDS DIVISION Sterlin Woodard, P.E. AIR DIVISION

May 4, 2021

Travis Roberts (Sent via email) [email protected] 11723 Jackson Landing Place Tampa, FL 33624

Permittee: TRAVIS ROBERTS Permit Number: 72211 Type of Permit: INTENT TO ISSUE MINOR WORK PERMIT FOR A DOCK WITH A NON-COVERED BOATLIFT Project Address: 4303 N. RIVER VIEW AVENUE, TAMPA, FL 33607 Issuance Date: MAY 29, 2021 Expiration Date: MAY 29, 2024

Dear Travis Roberts:

This Intent to Issue the Minor Work Permit (Permit) for a dock with a non-covered boatlift is issued to Travis Roberts (Permittee) by the Environmental Protection Commission of Hillsborough County (EPC) on behalf of the Tampa Port Authority (TPA). The TPA delegated this regulatory authority to the EPC in 2009. Please review this document and attachments carefully, paying particular attention to the conditions and approved drawings. NO CONSTRUCTION ACTIVITY SHALL OCCUR in wetlands or other surface waters until May 29, 2021.

The EPC reserves the right to stop this Permit from becoming effective under any of the following circumstances: (1) if the EPC revokes the Permit pursuant to Section 1-2.052, Rules of the EPC; (2) if a “Notice of Appeal” or “Request for Extension of Time to File a Notice of Appeal” under Part IV of Section 1-2, Rules of the EPC (See NOTICE OF RIGHTS) is timely filed; or (3) if any applicable Federal governmental agency objects to verification that the activity qualifies for the United States Army Corp’s of Engineers’ State Programmatic General Permit. The Permittee shall be noticed in writing if any of these occur. No construction activity may occur until such time as the issue is resolved and the Permit becomes effective. It is possible in some circumstances for the Permit to be challenged after the initial construction date. Please contact the EPC Legal Department if you have any questions regarding this process.

This Permit authorizes the above named permittee, hereinafter referred to as the Permittee, to perform the described work on wetlands and/or other surface waters, on or adjacent to submerged lands under the regulatory or proprietary jurisdiction of the TPA. This Permit

Environmental Excellence in a Changing World Environmental Protection Commission - Roger P. Stewart Center 3629 Queen Palm Drive, Tampa, FL 33619 - (813) 627-2600 - www.epchc.org 131 addresses activities regulated under the TPA Submerged Lands Management Rules and EPC Wetland Rule Chapter 1-11, Rules of the EPC. This work shall be accomplished in accordance with the general and specific conditions contained in this Permit. This Permit shall expire on the date noted in this Permit and shall be valid until it expires or such time as it is amended, replaced, or revoked in writing.

Acceptance of this Permit constitutes acceptance of all the attached conditions and the project drawings. Compliance with all conditions is necessary for the Permit to be considered valid. Should you have objections to any of these conditions, please see the attached NOTICE OF RIGHTS detailing the appeal process.

Sincerely,

P. Andy Schipfer, P.E. – Division Director EPC Wetlands Division

mpg/cb/mhs Enclosures ec: Ricco Palermo – [email protected] Jose Sanchez – [email protected] Robert Barron - [email protected] Anchor Marine & Boat Lift Company – [email protected] City of Tampa - Construction Services Department cc: Mobley Homes Custom LLC Jose and Velda Santiago

Permit No. 72211 Page 2 of 17

132

Janet L. Dougherty, Executive Director

P E R M I T

PERMIT NUMBER: 72211

PERMITTEE: TRAVIS ROBERTS 11723 JACKSON LANDING PLACE TAMPA, FL 33624

AGENT: ANCHOR MARINE & BOAT LIFT COMPANY JIMMY GRES 4323 W. BAY TO BAY BOULEVARD TAMPA, FL 33629

PROJECT DESCRIPTION: CONSTRUCTION OF A DOCK WITH A NON- COVERED BOATLIFT PURSUANT TO PERMIT EXHIBITS AND CONDITIONS

PROJECT LOCATION: 4303 N. RIVER VIEW AVENUE, TAMPA, FL 33607 / HILLSBOROUGH RIVER

DATE OF ISSUE: MAY 29, 2021 EXPIRATION DATE: MAY 29, 2024

THIS PERMIT CARD SHALL BE PROMINENTLY DISPLAYED AT THE WORKSITE. FOR QUESTIONS CALL THE WETLANDS DIVISION (813) 627-2600.

Permit No. 72211 Page 3 of 17

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ENVIRONMENTAL PROTECTION COMMISSION MINOR WORK PERMIT No. - 72211 SPECIFIC CONDITIONS May 29, 2021

1. This Permit authorizes the construction of a dock with a non-covered boatlift.

2. Be advised, if the proposed activity approved by this Permit is altered, a modification to this Permit with applicable application and fee may be required. Modifications include, but are not limited to, changes to the footprint of the proposed activity or adding structures such as: floating vessel platforms, floating docks, roofs, canopy covers, personal watercraft (PWC) lifts, etc. Modifications require review by EPC.

3. The enclosed Permit Card shall be conspicuously displayed at the project site once work on this project has been initiated and shall remain so displayed until the project has been completed. Within fifteen (15) days of completion of this project, EPC is to be notified via email [email protected].

DOCK CONSTRUCTION SPECIFIC CONDITIONS

4. The structure shall be constructed as depicted per EPC approved Permit exhibits A-1, A-2 and A-3.

5. The structure shall be placed within the property limits as depicted per EPC approved Permit exhibit A-1.

6. The proposed docking facility shall be used to moor no more than two vessels and shall not create a navigational hazard.

7. No roof or sundeck is permitted for this structure under this Permit. Be advised, the ability to add a roof in the future may be limited due to the TPA land classification.

8. The water depths in mooring areas shall be no less than two (2) feet at Mean Low Water (MLW).

9. No dredging, filling, clearing or scouring shall be allowed except for the settings of pilings for the structure. If pilings are to be installed by jetting, then the water pump must be shut off when not in use to avoid unnecessary disturbance to the water body.

10. All structures shall be marked with reflectors, reflective tape or other materials necessary to make the extent of structures clearly visible to boaters in accordance with the requirements of the United States Coast Guard and the Florida Fish & Wildlife Conservation Commission.

11. Structures shall not be enclosed.

12. This Permit does not authorize the placement of pilings or any other structures extraneous to the dock and boatlift system.

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13. This Permit does not authorize the construction of baithouses, storage shelters, gazebos, screen porches, fish cleaning facilities, living quarters or other non-water dependent structures.

14. No davits are permitted for this structure.

15. The structure shall be constructed a minimum of 1-foot vertical elevation above the Mean High Water (MHW) elevation.

16. In the vicinity of mooring, watercraft associated with the construction of the permitted structure shall operate within the waters of sufficient depth to preclude bottom scouring/prop dredging.

17. All wetland vegetation, including but not limited to mangroves, must be preserved during all construction authorized under this Permit. No mangrove removal is allowed. Further, no impacts to existing submerged aquatic vegetation, coral communities or oyster beds shall occur under this Permit.

U.S. ARMY CORPS OF ENGINEERS SPGP DETERMINATION

1. Your proposed activity as outlined in your application and attached drawings qualifies for Federal authorization pursuant to the State Programmatic General Permit V-R1, and a SEPARATE permit or authorization will not be required from the Corps. Please note that the Federal authorization expires on July 26, 2021. However, your authorization may remain in effect for up to 1 additional year, if provisions of Special Condition 19 of the SPGP V-R1 permit instrument are met. You, as permittee, are required to adhere to all General Conditions and Special Conditions that may apply to your project. Special conditions required for your project are attached. A copy of the SPGP V-R 1 with all terms and conditions and the General Conditions may be found at https://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx.

U.S. ARMY CORPS OF ENGINEERS SPGP SPECIAL CONDITIONS

Note: JAXBO (Jacksonville District’s Programmatic Biological Opinion), referenced throughout, may be found online in the Jacksonville District Regulatory Division Sourcebook, or at http://cdm16021.contentdm.oclc.org/utils/getfile/collection/p16021coll3/id/577. The SPGP V-R1 instrument and all attachments may be found online through the Sourcebook, or at https://www.saj.usace.army.mil/SPGP/

In addition to the conditions specified above, the following Special Conditions apply to all projects reviewed and/or authorized under the SPGP V-R1.

Special Conditions for All Projects

Permit No. 72211 Page 5 of 17

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1. Authorization, design and construction must adhere to the terms of the SPGP V-R1 instrument including the Procedure and Work Authorized sections.

2. Design and construction must adhere to the PDCs for In-Water Activities (Attachment 6, from PDCs AP.7 through AP11, inclusive, of JAXBO) (Reference: JAXBO PDC AP.1.).

3. All activities performed during daylight hours (Reference: JAXBO PDC AP.6.).

4. For all projects involving the installation of piles or sheet piles, the maximum number of piles, sheet piles or concrete slab walls or boatlift I-beams installed by impact hammer per day is limited to no more than 5 per day. Any installation of metal pipe or metal sheet pile by impact hammer is not authorized (Reference: Categories D and E of JAXBO PDCs for In-Water Noise from Pile and Sheet Pile Installation, page 86.).

5. Projects within the boundary of the NOAA Florida Keys National Marine Sanctuary require prior approval from the Sanctuary (Reference: JAXBO PDCs AP.14 and A1.6).

6. Notifications to the Corps. For all authorizations under this SPGP V-R1, including Self- Certifications, the Permittee shall provide the following notifications to the Corps: a. Commencement Notification. Within 10 days before the date of initiating the work authorized by this permit or for each phase of the authorized project, the Permittee shall provide a written notification of the date of commencement of authorized work to the Corps. b. Corps Self-Certification Statement of Compliance form. Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the “Self-Certification Statement of Compliance” form (Attachment 32) and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work authorized by this permit and the work as constructed on the “Self-Certification Statement of Compliance” form. The description of any deviations on the “Self- Certification Statement of Compliance” form does not constitute approval of any deviations by the Corps. c. Permit Transfer. When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date the enclosed form (Attachment 2). d. Reporting Address. The Permittee shall submit all reports, notifications, documentation, and correspondence required by the general and special conditions of this permit to the following address. (1) For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL, 32232-0019.

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(2) For electronic mail: [email protected] (not to exceed 10 MB). The Permittee shall reference this permit number, SAJ- 2015-02575 on all submittals.

7. The District Engineer reserves the right to require that any request for authorization under this SPGP V-R1 be evaluated as an Individual Permit. Conformance with the terms and conditions of the SPGP V-R1 does not automatically guarantee Federal authorization.

8. On a case-by-case basis, the Corps may impose additional Special Conditions which are deemed necessary to minimize adverse environmental impacts.

9. Failure to comply with all conditions of the SPGP V-R1 constitutes a violation of the Federal authorization.

10. No structure or work shall adversely affect or disturb properties listed in the National Register of Historic Places or those eligible for inclusion in the National Register. Prior to the start of work, the Applicant/Permittee or other party on the Applicant’s/Permittee’s behalf, shall conduct a search of known historical properties by contracting a professional archaeologist, and contacting the Florida Master Site File at 850-245-6440 or [email protected]. The Applicant/Permittee can also research sites in the National Register Information System (NRIS). Information can be found at http://www.cr.nps.gov/nr/research. a. If, during the initial ground disturbing activities and construction work, there are archaeological/cultural materials unearthed (which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, 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), the Permittee shall immediately stop all work in the vicinity and notify the Compliance and Review staff of the State Historic Preservation Office at 850-245-6333 and the Corps Regulatory Project Manager to assess the significance of the discovery and devise appropriate actions, including salvage operations. Based on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend, or revoke the permit in accordance with 33 C.F.R. § 325.7.

b. In the unlikely event that human remains are identified, the remains will be treated in accordance with Section 872.05, Florida Statutes; all work in the vicinity shall immediately cease and the local law authority, and the State Archaeologist (850-245-6444) and the Corps Regulatory Project Manager shall immediately be notified. Such activity shall not resume unless specifically authorized by the State Archaeologist and the Corps.

11. The Permittee is responsible for obtaining any “take” permits required under the U.S. Fish and Wildlife Service’s regulations governing compliance with these laws. The Permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such “take” permits are required for a particular activity.

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12. For Projects authorized under this SPGP V-R1 in navigable waters of the U.S., the Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

13. The SPGP V-R1 will be valid through July 26, 2021 unless suspended or revoked by issuance of a public notice by the District Engineer. The Corps, in conjunction with the Federal resource agencies, will conduct periodic reviews to ensure that continuation of the permit during the period ending July 26, 2021, is not contrary to the public interest. The SPGP V-R1 will not be extended beyond July 26, 2021, but may be replaced by a new SPGP. If revocation occurs, all future applications for activities covered by the SPGP V-R1 will be evaluated by the Corps.

14. If the SPGP V-R1 expires, is revoked, or is terminated prior to completion of the authorized work, authorization of activities which have commenced or are under contract to commence in reliance upon the SPGP V-R1 will remain in effect provided the activity is completed within 12 months of the date the SPGP V-R1 expired or was revoked.

Special Conditions for Docks, Piers, Associated Facilities, and other Minor Piling-Supported Structures 1. For temporary structures associated with marine events. Upon completion of the event, these structures must be removed and, to the maximum extent practical, the site must be restored to pre-construction elevations. Water depths in the area of marine events must be deep enough to support at least 5 ft of water depth under the keel of a vessel and between the keel of a vessel and Endangered Species Act listed coral colonies, if present, when transiting to the mooring areas (Reference: JAXBO PDC A2.1.4.).

2. Educational Signs. For commercial, multi-family, or public facilities, and marine events, signs must be posted as described below (Reference: These replicate JAXBO PDCs A.2.2 and A.2.2.1 to A.2.2.3., inclusive, within the table PDCs Specific to Activity 2 - Pile Supported Structures and Anchored Buoys, starting on page 112.): a. (A2.2.) For commercial, multi-family, or public facilities, and marine events, signs must be posted in a visible location(s), alerting users of listed species in the area susceptible to vessel strikes and hook-and-line captures. The most current version of the signs that must be downloaded and sign installation guidance are available at: (http://sero.nmfs.noaa.gov/protected_resources/section_7/protected_species_educatio nal_signs/index.html). The signs required to be posted by area are stated below: (1) (A2.2.1.) All projects in Florida shall use the Save Sea Turtle, Sawfish, and Dolphin sign. These signs shall include contact information to the sea turtle and marine mammal stranding networks and smalltooth sawfish encounter database. (2) (A2.2.2.) Projects within the North Atlantic right whale educational sign zone shall post the Help Protect North Atlantic Right Whales sign.

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(3) (A2.2.3.) On the east coast of Florida, projects located within the St. Johns River and those occurring north of the St. Johns River to the Florida-Georgia line shall post the Report Sturgeon sign. On the west coast of Florida, projects occurring from the Cedar Key, Florida north to the Florida-Alabama line.

3. Monofilament Recycling Bins. For commercial, multi-family, or public facilities, monofilament recycling bins must be provided as described below (Reference: The below replicates PDC A.2.3 within the table PDCs Specific to Activity 2 - Pile Supported Structures and Anchored Buoys, the PDC itself on page 113 of the JAXBO.): a. (A2.3.) For commercial, multi-family, or public facilities, monofilament recycling bins must be provided at the docking facility to reduce the risk of turtle or sawfish entanglement in, or ingestion of, marine debris. Monofilament recycling bins must: (1) (A2.3.1.) Be constructed and labeled according to the instructions provided at http://mrrp.myfwc.com. (2) (A2.3.2.) Be maintained in working order and emptied frequently (according to http://mrrp.myfwc.com standards) so that they do not overflow.

4. North Atlantic Right Whale. The attached North Atlantic Right Whale Information Form (Attachment 27) describes the presence of North Atlantic right whales in the area and the Federal regulations governing the approach to North Atlantic right whales. (The FDEP or Designee will attach this document to their authorizations for a dock project (new construction, repair, or replacement) at a private residence located within 11 nautical miles of North Atlantic right whale critical habitat as measured in a radius from the center of the nearest inlet to open ocean described by Attachment 29, the North Atlantic Right Whale Educational Sign Zones (from Section 2.1.1.4 of JAXBO, pages 31 and 32, inclusive) (Reference: JAXBO PDC A2.4.).

5. Aids to Navigation. Aids to navigation must be approved by and installed in accordance with the requirements of the U.S. Coast Guard (i.e., 33 C.F.R., chapter I, subchapter C, part 66, Section 10 of the Rivers and Harbors Act, and any other pertinent requirements) (Reference: JAXBO PDC A2.5.).

6. Lighting for docks installed within visible distance of ocean beaches. If lighting is necessary, then turtle-friendly lighting shall be installed. Turtle-friendly lighting is explained and examples are provided on the Florida Fish and Wildlife Conservation Commission website: http://myfwc.com/wildlifehabitats/managed/sea-turtles/lighting/ (Reference: JAXBO PDC A2.8.).

7. Construction Location. Project construction shall take place from uplands or from floating equipment (e.g., barge); prop or wheel-washing is prohibited (Reference: JAXBO PDC A2.9.).

8. Regarding submerged and emergent aquatic vegetation, the design and construction of a Project must comply with the following:

a. A pile supported structure (i) that is located on a natural waterbody (i.e., outside an artificial waterway that was excavated for boating access and is bordered by residential

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properties) and (ii) that is within the range of seagrass (estuarine waters within all coastal counties except for Nassau, Duval, St Johns, Flagler and Volusia north of Ponce Inlet), will be constructed to the following standards: (1) Must comply with or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” updated November 2017 (Attachment 5). (2) In addition to (1), above, IF the project is within range of Johnson’s seagrass (the range of Johnson’s seagrass is defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida), THEN the design and construction shall comply with, in some cases, the more restrictive requirements within paragraph 8.c., below (Reference: JAXBO PDC A2.17). b. For all other Projects, (1) Within the range of Johnson’s seagrass (the range of Johnson’s seagrass is defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida), the presence of submerged aquatic vegetation will be determined utilizing the “Submerged Aquatic Vegetation Survey Guidelines” (Attachment 7). If no survey performed, aquatic vegetation, including Johnson’s seagrass, will be presumed to be present for purposes of this Special Condition. (2) Outside the range of Johnson’s seagrass but within the range of seagrass (estuarine waters within all coastal counties except for Nassau, Duval, St Johns, Flagler and Volusia County north of Ponce Inlet) and within tidal waters, the presence of seagrass and tidal freshwater submerged aquatic vegetation will be determined using the “Submerged Aquatic Vegetation Survey Guidelines” (Attachment 7) unless a site visit or aerial photography observes absence during the growing season (if water depth and clarity allows) or aquatic vegetation has not been found in the vicinity in the past. (3) Pile-supported structures, IF aquatic vegetation is present (including seagrass, tidal freshwater submerged aquatic vegetation and emergent vegetation), THEN must comply with or provide a higher level of protection than, the protective criteria in the joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” updated November 2017 (Attachment 5). (4) In addition to (1) to (3) above, IF the proposed dock or proposed structure is within range of Johnson’s seagrass (the range of Johnson’s seagrass is defined as Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida), and IF the proposed dock or proposed structure falls within the following scenarios, THEN the design and construction shall comply with, in some cases, the more restrictive requirements within paragraph 8.c.,below. (Reference: The following replicates “Scenario B” as defined within A2.17., PDCs for Docks or Other Minor Structures of JAXBO.): (i) Dock replacement in the exact footprint (i.e., same location/configuration/size) as the previous dock and:

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(a) within Johnson’s seagrass critical habitat with No current seagrass survey (completed no earlier than 1 year before submitting the application); or, Johnson’s seagrass under the dock; or, Native seagrass, other than Johnson’s seagrass, under the dock; or, (b) within the Range of Johnson’s seagrass (outside of critical habitat) with No current seagrass survey or,Johnson’s seagrass under the dock, (ii) New docks or dock expansions and: (a) within Johnson’s seagrass critical habitat; or, (b) within the Range of Johnson’s seagrass (outside of critical habitat) with: No current seagrass survey (completed no earlier than 1 year before submitting the application) or, Johnson’s seagrass within property limit. c. The following additional restrictions apply when required by paragraphs 8.a.(2) or 8.b.(4), above (Reference: The following replicates the “Dock PDCs for Scenario B” within A2.17. PDCs for Docks or Other Minor Structures of JAXBO.): (1) To avoid and minimize impacts to Johnson’s seagrass and native, non-listed seagrasses to the maximum extent practicable: (i) The dock must be positioned to avoid and minimize effects to Johnson’s seagrass. (ii) Over any area that contains Johnson’s seagrass or native, non- listed seagrasses, the dock shall be oriented in a north-south orientation to the maximum extent that is practicable to allow maximum sunlight under the structure. (iii) If practicable, terminal platforms shall be placed in deep water, waterward of Johnson’s seagrass beds or native, non-listed seagrasses beds or in an area devoid of Johnson’s seagrass or native, non-listed seagrasses. (iv) Piles must be spaced a minimum of 10 ft apart in any area that contains Johnson’s seagrass to minimize direct impacts. (v) Piles shall be installed in a manner that will not result in the formation of sedimentary deposits (e.g., donuts or halos) around the newly installed pilings. (vi) No covered boat lifts are allowed over any Johnson’s seagrass. (2) Decking options: Deck surfaces (parallel with the water) that are located waterward of the MHWL must be constructed of grated materials or plank construction or a combination of the both methods (e.g. plank decking on the walkway and grated decking on the terminal platform). These decking options are described below: (i) For grated decking: (a) Height requirement: The surface of the structure, including the dock walkway (the over- water narrow portion connecting the terminal platform to the shore and any over-water ramp required for access) and the dock, must be a minimum of 3 ft above MHW when constructed with grated decking. (b) Size limitations: The dock walkway is limited to a width of 4 ft. The terminal platform is limited to a total area of 160 ft². Marginal docks are limited to a width of 5 ft. The 5 ft width restriction is measured from wet side of the seawall. For example, if a seawall cap is 3 feet overwater then the dock would be limited to 2 feet.

Permit No. 72211 Page 11 of 17

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(c) Material description: Decking materials shaped in the form of grids, grates, lattices, etc., to allow the passage of light through the open spaces. These materials must provide a minimum of 43% open space. (ii) For plank decking: (a) Height requirement: The surface of the structure, including the dock walkway (the over- water narrow portion connecting the terminal platform to the shore and any over-water ramp required for access) and the dock, must be a minimum of 5 ft above MHW when constructed of plank decking. (b) Size limitations: The dock walkway is limited to a width of 4 ft. The terminal platform is limited to a total area of 120 ft². Marginal docks are limited to a width of 5 ft. (c) Material description: Deck boards may be constructed of any material. Deck Boards must be installed to provide a minimum of a 0.5-in gap between individual deck boards. d. Aids to Navigation in Acropora critical habitat. The distance from Aids to Navigation (ATONs) to ESA-listed corals and Acropora critical habitat shall ensure there are no impacts to the corals or the essential feature of Acropora critical habitat from the movement of buoys and tackle. The appropriate distance shall be based on the size of the anchor chain or other tackle to be installed to secure the buoy to its anchor, particularly when the design of the ATON does not prohibit the contact of tackle with the marine bottom. In all cases, buoy tackle will include flotation to ensure there is no contact between the anchor chain or line and the marine bottom (Reference: JAXBO PDC A2.10.).

Permit No. 72211 Page 12 of 17

142 RECEIVED APR 2 2021 EPC of H.C. WETLANDS

EPC PERMIT

______A-1 MPG 143 EXHIBIT 72211 RECEIVED APR 2 2021 EPC of H.C. WETLANDS

EPC PERMIT

______A-2 MPG 144 72211 EXHIBIT RECEIVED APR 2 2021 EPC of H.C. WETLANDS

EPC PERMIT

______A-3 MPG 72211 EXHIBIT145