STATE OF FLORIDA : DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of Water Resource Management Bureau of Beaches and Coastal Systems 3900 Commonwealth Blvd. - Mail Station 300 Tallahassee, Florida 32399-3000 7708 SSRIS PH | Dew Mes D Cunningham & Durrance Consulting Engineers, Inc. Dote ¥* 24-07 — 400 Executive Center Drive, Suite 108 : West Palm Beach, Florida 33401 O7[- 3k ne PERMIT FOR CONSTRUCTION OR-OTHER ACTIVITIES PURSUANT TO SECTION 161.053, FLORIDA STATUTES PERMITTEE Stewart A. Satter c/o Dallas H. Durrance, P.E. FINAL ORDER FINDINGS OF FACT: An application for authorization to conduct the activities seaward of the coastal construction control line’ that are indicated in the project description, was filed by the applicant/permittee named herein on October 11, 2006, and was determined to be complete pursuant to rule on January 12, 2007. However, on April 10, 2007, the applicant waived the 90- day time limit imposed on the Department for processing completed applications pursuant to Chaptet 120, Florida Statutes, until May 12, 2007. The proposed project is to be. located landward of the 30-year erosion projection and the existing line of construction established by major structures in the immediate area. CONCLUSIONS OF LAW: After considering the merits of the’ proposal and any written " objections from affected persons, the Department finds that upon compliance with the permit conditions, the activities indicated in the project description of this amended permit are of such a nature that they will result in’no significant adverse impacts to the beach/dune’ areas or to adjacent properties; that the work is not expected to adversely impact nesting sea turtles, their hatchlings, or their habitat; that the work is expendable in nature and/or is appropriately designed in accordance with Section 62B-33.005, Florida Administrative Code; and that it is an activity of type of construction which the Chief of the Bureau of Beaches and Coastal Systems has authority to approve or deny pursuant to Delegation of Authority, DEP Directive 100, effective September 27, 2002. The direct and cumulative impacts to the beach and dune system that will be caused by the seaward location of the proposed construction represent the maximum. such impacts that is acceptable to the Department. Therefore, future construction on the site seaward of the coastal construction control line shall not extend further seaward, than the proposed structures ‘approved pursuanit to this permit. Based on the foregoing considerations, the Bureau Chief approves the application; authorizes construction and/or activities at the location indicated below in strict accordance with the project description, the approved plans (if any) and the General’ Permit Conditions which are attached and are by this reference incorporated herein, and any additional '_ conditions shown below, pursuant to Section 161.053(5), Florida Statutes, __ EXPIRATION DATE: May 11, 2010 PERMITTEE: Stewart A. Satter PERMIT NUMBER: PB-878. PAGE 2 , LOCATION: Between approximately 381. feet and 531 feet south of. the Department of , Environmental Protection's reference monument R-146, in Palm Beach County. Project dddress: 1660 South Ocean Boulevard, Manalapan. , PROJECT DESCRIPTION: Pedestrian Tunnel with West Side Stairs and Landing 1. Location relative to control line: A maximum of 60 feet seaward as measured - perpendicular to the control line. See Special Permit Condition 3. _Exterior dimensions: A maximum of 54 feet in the’shore-normal direction by 11.9 feet in the shore-parallel direction, not including wing walls at east side entrance, 3. Type of foundation: Piles to support the west side landing and steps; earthen supported for the pre-cast concrete tunnel. . ; 4. . Floor elevation: - Varying from +8.6 (NGVD) on the west end to +9.53 (NGVD) on the “east end.- Excavation/Fill” L Volume of excavation seaward of the control line for tunnel installation: Approximately - : 500 cubic yards. Volume of net excavation: None; excavated material to be placed as fill . on the project site. See Special Permit Condition 5. 2. Location of excavation: ‘Predominantly within the footprint of the tunnel to a maximum distance of 87.5 feet seaward of the control line. 3, Volume of fill to be placed: Approximately 500 cubic yards. 4, Location of fill to be placed: Across the shore-parallel length of the property toa distance of approximately 101 feet seaward of the control line. Other Activity - Planting of dune stabilizing vegetation including the planting of seagrapes within the fill placement area. See Special Permit Condition 6. . : PERMITTEE: Stewart A. Satter PERMIT NUMBER: PB-878 PAGE 3 SPECIAL PERMIT CONDITIONS: 1 Prior’ to commencement of construction activity authorized by this permit, a preconstruction conference shall be held at the site among the contractor, the owner or authorized agent, and a staff representative of the Bureau of Beaches and Coastal Systems (contact Mark Taynton at toll-free pager number 1-877-314-1329) to establish an understanding among the parties as to the items specified in the special and general _ conditions of the permit. The proposed locations of the structures shall be staked out for — the conference. : Construction activity authorized by this permit shall not commence until after the time period provided in the public notice for the public to exercise any tights they may have under Chapter 120, Florida Statutes, has expired, or if a hearing is requested, disposition of the hearing request has been made. : “The optimum siting of the structure shall be determined by the Department field inspector at the preconstruction meeting to: minimize impacts to the existing native scrub vegetation. The seaward extent of the structure shall-not exceed that specified in the project description, Prior to commencement of construction activity authorized ‘by this.permit, a temporary construction fence shall be erected along. the perimeter of the. permitted activity. The . fence shall remain in place until the construction authorized by this permit is complete. The optimum siting of the construction fence shall be determined: during the preconstruction conference by the staff representative so as to provide maximum protection to the existing vegetation located on the site. All excavated beach material shall remain on the site seaward of the control line. Prior to submitting the final certification, referenced in General Permit Condition 1(g), the permittee shall submit an as-built plan prepared and certified by a licensed landscape architect. showing mitigation activities referenced under the project description to be completed. - : : ; ; All rubble and debris resulting from this construction Shall be removed to a location landward of the coastal construction control line. : ; All lighting shall be installed ard maintained as depicted in the approved li schematic. No additional permanent exterior lighting is authorized. ghting . PERMITTEE: Stewart A. Satter PERMIT NUMBER: PB-878 PAGE4 — - CAVEAT: Due to potential adverse impacts to the beach and dune system that may result from additional development on the property, the seaward extent of the permitted structures shall not be increased, nor will any additional major structures be permitted which would exceed the limits established by the permitted construction seaward of the coastal construction control line. Approved plans are incorporated into this permit by reference. Done and ordered this i | day of vi “T 2007, in Tallahassee, Florida. Attachment: General Permit Conditions FILING AND ACKNOWLEDGEMENT . State of Florida FILED, on this date, pursuant to $120.52 Florida Statutes, with the designated — Department Clerk, receipt of which is Department of Environmental Protection Michael R/Barnett, P.E., Chief Bureau of Beaches and Coastal Systems Florida Department of Environmental Protection (DEP) Division of Water Resource Management Bureau of Beaches and Coastal Systems 3900 Commonwealth Boulevard, Mail Station 300 Tallahassee, Florida 32399-3000 (850) 488-7708 General Permit Conditions Rule 62B-33.0155, Florida Administrative Code 1 The following general permit conditions shall apply, unless waived by the Department or modified by the permit: ; a) The permittee shall carry out the construction ot activity for which the permit was granted in accordance with the plans and specifications that were approved by the Department as part of the permit. Deviations therefrom, from the Department, shall be grounds for suspension of the work and revocation of the permit purs’ 'FS., and shall result in assessment of civil fines’ or issuance of an order to alter or remove the unau No other construction or activities shall be conducted.’ No modifications to project size, authorized without prior written approval from. the Department. A copy of the notice t displayed at the project site. Approved plans shall be made available for inspection by a Department Tepresentative. . b) The permittee shall conduct the construction or activity authoiized under the permit using extreme care to prevent any adverse impacts to the beach and dune system, marine turtles, their nests and habitat, or adjacent property and structures. c) The permittee shall allow any duly identified and authorized member of the Department to énter upon the premises associated with the project authorized by the permit for the purpose of ascertaining compliance with the terms. of the permit and with the tules of the Department until all construction or activities authorized or required in the ‘permit have been completed and all - project performance reports, certifications, or other documents are received by the Department and determined to be ~ consistent with the permit and approved plans. without written approval uant to Section 120.60(7), thorized structure, ‘or both. location, or structural design are © proceed, shall be conspicuously d) The permittee shall hold and save the State of Florida, the Department, and its officers and employees harmiless from any damage, no matter how occasioned and no matter what the amount, to persons or property. that might result from the construction or activity authorized: under. the permit and from any and’al 1 claims and judgments resulting from such damage. e) The permittee shall ‘allow the Department to use all records, notes, monitoring data, and other information telating to construction or any activity under the permit, which- are submitted, for any purpose necessary except where such use is otherwise specifically forbidden by law. £) Construction traffic shall not be operated and building materials shall not be stored on vegetated areas seaward of the control - line unless specifically authorized by the permit. If the Department determines that this requirement is not being met, positive control measures, such as temporary fencing, designated access roads, adjustment of construction Sequence, or other requirements, shall be provided by the ‘permittee at the direction of the Department. Temporary construction fencing shall not be sited within marine turtle nesting habitats. . : ; &) The permittee shall not disturb: existing beach and dune topography and vegetation except as expressly authorized in the permit. Before the project is considered complete, any disturbed: topography or vegetation shall be restored as prescribed in the permit with suitable fill material or revegetated with appropriate beach and dune vegetation. h) All fill material placed seaward of the control line shall be sand which is similar to that-alread - coloration and grain size. All such fill material shall be free of construction debris, rocks, clay, ‘be obtained from a source landward of the coastal construction:control line; and shall be free of c i) . If surplus sand fill results from any approved excavation seaward of the control line, such -. seaward of the contro] line on the site, 'y existing on the site in both or other foreign matter; shall ‘Oarse gravel or cobbles. material shall be distributed as directed by the Department, unless otherwise specifically authorized by the permit. | J) Any native salt-tolerant vegetation destroyed duting construction shall’ be replaced with plants of the same species or, by ‘authorization of the Department, ‘with other native salt-tolerant vegetation suitable for beach and’ dune stabilization’ Unléss ’ otherwise specifically authorized by the Department, all plants installed in beach and coastal areas —. whether to replace vegetation displaced, darhaged, or destroyed during construction or otherwise — shall be of species indigenous to Florida beaches and.dunes, such as sea oats, sea grape, saw palmetto, panic grass, saltmeadow hay cordgrass, seashore saltgrass, and railroad vine. * Loe . me et k) All topographic restoration-and revegetation work is subject to approval by the Department, and the status of restoration shall be reported as part of the final certification of the actual work performed. Co , If not specifically anthorized elsewhere in the petmit, no operation, transportation, or storage of equipment or materials is ‘authorized seaward of thé dune crestor rigid coastal structure during the marine turtle nesting season. The marine turtle nesting season is May 1 through October 31 in all counties except Brevard, Indian River, St. Lucie, Martin, Palm Beach, and Broward counties where leatherback turtle nesting occurs during the period of March J through October 31. : If not specifically authorized elsewhere in the permit, no temporary lighting of the construction area is authorized at any time during the mariné turtle nesting season and no additional permanent exterior lighting is authorized. ‘ General Darmit Can Ae ' m) nen 1 AAAS n) All-windows and glass doors visible from any point on the beach must be tinted to a transmittance value (ight transmission from inside. to outside) of 45% or less through the use of tinted glass or window film. -form entitled “Permit Transfer Agreement” ~ DEP Form 73-103 (Revised 1/04), p) The permittee shall immediately inform the Bu q) For permits involving major structures or activities, the monthly basis beginning at the start-of construction and continuing until all work has been completed. If a permit involves . either new armoring or major reconstruction of existing armoring, the reports shall be certified by an engineer licensed in the State of Florida. The permittee or engineer, as appropriate, shall certify that as of the date-of each report all construction has " been performed in compliance with the plans and project description approved as a part of the permit ‘and with all conditions - of the permit, or shall specify any deviation from the plans, project-description, or conditions of the permit. The report shall also state the percent of completion of the project and each major individual component. The reports shall be provided to the Bureau using the form entitled “Periodic: Progress Report” ~ DEP Form 73-111 (Revised 1/04), which is hereby adopted and incorporated by reference. Permits for minor structures or activities do not require submittal of periodic reports unless required by special permit condition. : . 1) For permits involving ‘habitable major structures, all construction on the permitted structure shall stop when the foundation pilings have been installed. At that time the foundati t) . Authorization for construction of armoring or other rigi structural design shall be authorized by the Department in accordance with Rule 62B-33.013, RA.C. . 2. The permittee shall not commence any excavation, construction, or other physical activity on or encroaching.on the sovereignty land of Florida seaward of the’ mean high water line or, if established, the erosion control line until the-permittee has received from the Board of Trustees of the Internal Improvement Trust Fund the Tequired lease, license, easement, of other form of Consent - authorizing the proposed use. ; . . : . 3.0 vermittee shall obtain any applicable licenses or permits required by Federal, state, county, or municipal law. : 4 2 event of a conflict between a general permit condition and a special permit condition, the ‘special permit condition shall Prevail. a 5 Copies of any forms referenced above can be Beaches and Coastal Systems, 3900 Commo telephoning (850) 488-7708. obtained by writing to the Department of Environmental Protection, Bureau of nwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399-3000, or by General Darmit Onn.

Docket for Case No: 07-003818