HomeMy Public PortalAbout2012-2022 Class Construction Permit re VKB Beach Renourishment ProjectMIAMFDE
COUNTY
Carlos A. Gimenez, Mayor
May 16, 2012
Village of Key Biscayne
c/o John Gilbert, Village Manager
85 West McIntyre Street
Key Biscayne, Florida 33149
Permitting, Environment and Regulatory Affairs
Environmental Services
701 NW 1st Court, 6th Floor
Miami, Florida 33136-3912
f 305-372-6567 F 305-372-6407
miamidade.gov
Re: Class I Permit 2010-CLI-PER-00088: Village of Key Biscayne — Beach renourishment located along the
Atlantic Ocean between reference monuments R-101 and R-108, Key Biscayne, Miami -Dade County,
Florida.
Dear Mr. Gilbert:
Please accept this letter modifying the Specific Conditions of the above -referenced Class I permit issued on
May 8, 2012 for beach renourishment activities at the subject location.
The Department has modified Specific Condition #6 as follows:
6. The permittee shall conduct a comprehensive pre -construction seagrass survey along the project
location. Said survey shall be performed and submitted to the Department a maximum of 30 days prior
to the commencement of beach renourishment activities. The pre -construction survey must reference
fixed points of reference. Said points of reference shall remain in place post -construction.
Specific Condition #12 has been omitted from Class I permit 2010-CLI-PER-00088. All remaining conditions of
Class I permit 2010-CLI-PER-00088 remain unchanged and in effect.
A copy of this letter must be attached to the Class I permit and be kept on site during all phases of this project.
If you have any questions concerning this project, please contact me at (305) 372-6582 or via email at
fresan@miamidade.gov.
Sincerely,
Nicole Fresard, Biologist II
Coastal Resources Section
cc: Penny Cutt, Coastal Systems International - Authorized permit agent (pcutt@coastalsystemsint.com)
John C. Gilbert
From: Penny Cutt <pcutt@coastalsystemsint.com>
Sent: Wednesday, May 16, 2012 3:22 PM
To: John C Gilbert
Cc: Timothy K. Blankenship; Jennifer Medina
Subject: Fwd: 2010-CLI-PER-00088 / Key Biscayne - Permit Addendum Letter (135040.02)
Attachments: 2010 CLI PER 00088 - Permit addendum letter.pdf; ATT00001..htm
John,
This letter modification from PERA clarifies condition 6 regarding reference requirements for the seagrass survey and
eliminates condition 12, which pertained to vehicle restrictions on the beach during the sea turtle nesting season. This
letter mod must be attached to your copy of the permit and is a part of the county permit for the project.
Penny
Typos courtesy of my iPhone.
Begin forwarded message:
From: "Fresard, Nicole (PERA)" <fresan@miamidade.gov<mailto:fresan@miamidade.gov»
Date: May 16, 2012 1:57:48 PM EDT
To: Penny Cutt <pcutt@coastalsystemsint.com<mailto:pcutt@coastalsystemsint.com»
Cc: "Hopps, Christine (PERA)" <HoppsC@miarnidade.gov<rnailto:HoppsC@miamidade.gov», "Spadafina, Lisa (PERA)"
<SPADALCmiamidade.gov<mailto:SPADAL@miamidade,gov», Daniel Moretz
<dmoretz@coastaisystemsint.com<mailto:dmoretz@coastalsystemsint,com»
Subject: 2010-CLI-PER-00088 / Key Biscayne - Permit Addendum Letter
Penny, attached you will find the addendum letter regarding Specific Conditions 6 and 12.
Please let me know if you have questions regarding this matter.
Thank you,
Nicole Fresard, Biologist II
Miami -Dade County Permitting, Environment and Regulatory Affairs Coastal Resources Section Overtown Transit Village
701 NW 1st Court* Office 6-191* Miami, Florida 33136
(305) 372-6582
www.miamidade.gov/pera<http://www.miamidade.gov/pera>
"Delivering Excellence Every Day"
P Please consider the environment before printing this e-mail
This message is intended only for the use of the individual or entity to which it is addressed and may contain information
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1
Department of Permitting, Environment and Regulatory Affairs
Coastal Resources Section
701 NW 1st Court, Suite 400
Miami, FL 33136-3912
305-372-6575
Class I Construction Permit
Permit Number: 2010-CLI-PER-00088
DERM Project Manager: Nicole Fresard
Issue Date: 05/08/2012
Expiration Date: 05/08/2022
Permittee Contractor
Village of Key Biscayne
c/o John Gilbert, Village Manager
85 West McIntyre Street
Key Biscayne, Florida 33149
To Be Determined
Bond Engineer
Performance Bond: N/A T.K Blankenship, P.E. No. 55910
Mitigation Bond: N/A Coastal Systems International, Inc.
BBEETF Contribution: N/A (305) 661-3655
THE ABOVE NAMED PERMITTEE IS HEREBY AUTHORIZED TO PERFORM THE WORK SHOWN ON THE APPLICATION AND
APPROVED DRAWINGS, PLANS, AND OTHER DOCUMENTS ATTACHED HERETO OR ON FILE WITH THE DEPARTMENT
AND MADE PART HEREOF, SUBJECT TO THE ATTACHED GENERAL AND SPECIFIC CONDITIONS.
Plans Entitled: VILLAGE OF KEY BISCAYNE
BEACH RENOURISHMENT PROJECT
Date Signed and Sealed: March 30, 2012
Project Location: Atlantic Ocean between reference monuments R-101 and R108.
Key Biscayne, Florida
Project Description:
Renourish a segment of eroded beach through the placement of 31,000 cubic yards of sand
along 5,420 linear feet of shoreline; 17,600 cubic yards of sand shall be placed waterward of the
Mean High Water Line (MHWL) and the remaining 13,400 cubic yards of sand shall be placed
landward of the MHWL along the Atlantic Ocean in the Village of Key Biscayne between Florida
Department of Environmental Protection (FDEP) reference monuments R-101 and R-108.
THIS PERMIT AND PLANS SHALL BE KEPT ON -SITE
DURING ALL PHASES OF CONSTRUCTION
2010-CLI-PER-00088 Page: 1 of 8
Specific Conditions
1. The name, address, telephone number, and license number of the contractor who will be performing the work
must be submitted a minimum of 14 days prior to the commencement of work. Work authorized by this permit
shall not commence until written acceptance of the contractor by the Coastal Resources Section has been
issued.
2. The permittee shall notify the Coastal Resources Section and receive written authorization prior to each
renourishment event. Approval from the Florida Department of Environmental Protection (FDEP) shall be
submitted to the Coastal Resources Section prior to obtaining the aforementioned written authorization.
3. A pre -construction conference shall be held between the contractor, the permittee (or the permittee's
representative) and the Coastal Resources Section prior to the commencement of work under this permit.
Please contact the Coastal Resources Section at (305) 372-6575, a minimum of 48 hours (2 business days)
and a maximum of 120 hours (5 business days) from the date of commencement.
4. An updated construction methodology and turbidity control plan shall be submitted by the contractor and
approved by the Department prior to the pre -construction conference.
5. In order to review marine turtle protection requirements, the permittee shall arrange a meeting between the
contractor, PERA, FDEP, and the Florida Fish and Wildlife Conservation Commission a minimum of 7 days
prior to the commencement of construction authorized by this permit.
6. The permittee shall conduct a comprehensive pre -construction seagrass survey along the project location.
Said survey shall be performed and submitted to the Department a maximum of 30 days prior to the
commencement of beach renourishment activities. The pre -construction survey must reference fixed points
of reference (i.e. stake out the baseline). Said points of reference shall remain in place post -construction.
7. Any deviation from the approved plans for this project shall be submitted in writing to, and approved by the Coastal
Resources Section prior to the commencement of the project. The applicant shall schedule a meeting between the
contractor and the Coastal Resources Section to coordinate responses to unforeseen problems that arise as a result
of this project.
8. The applicant must adhere to the terms, conditions, and provisions of the FDEP Consolidated Joint Coastal Permit
and Sovereign Submerged Lands Authorization (FDEP File No. 0160856-001-JC issued on June 2, 2000 and permit
modification No. 0160846-014-JN issued on February 16, 2012).
9. The sand shall be obtained from the Ortona mines in Central Florida and shall be conveyed to the site via truck.
Pursuant to Section 24-48.3(4) of the Code of Miami -Dade County, Florida, the contractor shall ensure that the sand
is from upland sources and consists of suitable material that meets the definition of clean fill as defined in Section 24-
5 of the Code of Miami -Dade County. Additional written authorization from the Coastal Resources Section for the use
of sand from any alternative site shall be required prior to the commencement of beach renourishment activities.
10. All fill material placed shall be sand that is similar to that already existing at the beach site in both coloration and grain
size distribution. All such fill material shall be free of construction debris, rocks, or other foreign matter, suitable for
marine turtle nesting, and shall not contain, on average, greater than 5 percent fines (silt and clay) (passing the #200
sieve) and shall be free of gravel or cobbles.
11. The contractor shall provide trucking receipts for all sand fill that is utilized to renourish the existing shoreline. This
condition shall be satisfied within 30 days of the completion of the fill events.
12. The use of heavy equipment (including trucks) waterward of the dune crest is prohibited during the marine turtle
nesting season (May 1 through October 31). The use of heavy equipment is authorized outside of marine turtle
nesting season. However, vehicles or heavy land based equipment, building materials, construction debris, or any
other materials shall not be placed or stored in tidal waters.
THIS PERMIT AND PLANS SHALL BE KEPT ON -SITE
DURING ALL PHASES OF CONSTRUCTION
2010-CLI-PER-00088 Page: 2 of 8
13. The contractor shall take immediate corrective action if any pollutant spills occur. This shall include, but not be limited
to the determination of the source of the spill and its elimination and the spreading of absorbent materials for
collection of the contaminants and other appropriate measures.
14. Turbidity levels shall not exceed 29 Naphelometric Turbidity Units (NTU) above the associated background turbidity
level at the compliance point. If turbidity levels exceed 29 NTU, construction activities shall cease immediately and not
resume until corrective measures have been taken and turbidity has returned to acceptable levels.
15. Turbidity levels shall be monitored twice daily at least four (4) hours apart, whenever a visible plume extends into tidal
waters, and whenever a significant plume is observed to extend beyond the limits of the approved mixing zone such
that a water quality violation may exist. Background samples shall be obtained at mid -depth, clearly outside of the
influence of any artificially generated turbidity plume and shall be collected at least 150 meters upcurrent from the
active sand placement site and at least 150 meters away from any turbidity plume associated with the project.
16. Compliance samples shall be compared to background samples that are comparably affected by in -coming or out-
going tides, and at the same offshore distance; therefore sampling times and locations shall be established
accordingly.
17. The compliance samples shall be obtained at mid -depth within the densest portion of any visible turbidity plume
generated by this project. If there is no turbidity plume to follow, the samples shall be collected 150 meters
downcurrent from the point where fill material is currently being placed in tidal waters.
18. There shall be no impacts to resources as a result of the permitted work. If unauthorized impacts occur, the contractor
and permittee shall be required to mitigate and/or restore the impacted area and obtain all of the required Federal,
State and local authorizations within 90 days of PERA's determination that impacts occurred.
19. A 3 -year monitoring program shall be implemented after each renourishment event. A comprehensive post -
construction survey along the project site shall be conducted one year from the completion of the work. A final
construction survey shall be submitted at the end of the monitoring program.
20. Since the Florida manatee occurs in the waters at and adjacent to the project site, the permittee and contractor shall
take measures to protect manatees during and after construction. Failure to comply with any of the below -listed
measures may result in enforcement action by the Department. These measures shall include the following:
a) Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be
properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must
not impede manatee movement.
b) All construction personnel shall be advised that there are civil and criminal penalties for harming, harassing, or
killing manatees which are protected under the Marine Mammal Protection Act of 1972, the Endangered Species
Act of 1973, and the Florida Manatee Sanctuary Act of 1978. The permittee and contractor will be held jointly
responsible for any manatee harmed, harassed, or killed as a result of the construction activities.
See General Permit Conditions.
THIS PERMIT AND PLANS SHALL BE KEPT ON -SITE
DURING ALL PHASES OF CONSTRUCTION
2010-CLI-PER-00088 Page: 3 of 8
General Permit Conditions
1. This permit must be kept on -site during all phases of construction.
2. All work shall be performed in accordance with the above referenced plans and in accordance with the attached
specific and general permit conditions. If a General Condition(s) conflicts with a Specific Condition(s) in this permit
document, the Specific Condition shall be the controlling condition for work authorized by this permit.
3. This permit only authorizes the work described in page 1 under PROPOSED WORK. Any additional work in, on, over
or upon tidal waters or coastal wetlands at the property shall require additional Class I approval.
4. Any deviation from the approved plans for this project shall be submitted in writing to, and approved by PERA prior to
the commencement of this project. The contractor and the permittee shall take whatever remedial action is necessary
to bring the project into compliance with the permit and approved plans upon determination by PERA that the
structure is not in compliance with such.
5. PERA shall be notified no later than 48 hours and no earlier than 5 days prior to the commencement of the work
authorized by this permit, unless otherwise noted herein. The permitee and/or contractor may notify PERA by calling
(305) 372-6575 or by submitting the attached Notice of Commencement of Construction via hand delivery, U.S. Mail,
or facsimile at (305) 372-6479.
6. Prior to performing any work, the contractor shall verify the location of all underground and overhead utility lines and
verify that no utilities will be damaged by the work. Contact Sunshine State One -Call of Florida at 1-800-432-4770 or
on the web at http://www.callsunshine.com/corp/before/submitting.html for locating underground utility lines.
7. The permittee and the contractor are hereby advised that under Florida law, no person shall commence any
excavation, filling, construction, or other activity involving the use of sovereign or other lands of the State, title to which
is vested in the Board of Trustees of the Internal Improvement Trust Fund or the Florida Department of
Environmental Protection (FDEP), until such person has received the required authorization for the proposed use from
the Board of Trustees or FDEP. If such work is done without consent, or if a person otherwise damages state land or
products of state land, the Board of Trustees may levy administrative fines of up to $10,000 per offense pursuant to
the Florida Administrative Code.
8. The permittee and contractor shall obtain all required approvals from all local, state and federal agencies prior to
performing the work authorized by this permit.
9. Trimming or alteration of mangroves, buttonwoods or wetland vegetation other than what is authorized by this permit
is prohibited. Work not authorized by this permit shall require additional Class I approval.
10. All work authorized by this permit shall be performed by the contractor and/or subcontractor holding an applicable
certificate of competency and shall be licensed in Miami -Dade County to perform such work. Any work which is
subcontracted shall require that the permittee and contractor (i.e. the contractor who is listed on this permit) notify the
project manager at PERA at (305) 372-6575 or by facsimile at (305) 372-6479 a minimum of 72 hours prior to the
subcontractor performing any work. Notification shall include the name of the subcontractor performing the work, the
subcontractor's Miami -Dade County license number or state general contractor license number, and scope of work.
Failure to comply with this condition is a violation of the Class I permit and may result in enforcement action by
PERA.
11. The contractor shall take all necessary precautions to prevent construction or demolition debris from falling into the
water or adjacent wetlands. Any debris that falls into the water and/or adjacent wetlands shall be removed
immediately. Construction and demolition debris shall be disposed of in accordance with all federal, state and local
regulations.
12. Turbidity controls (such as, but not limited to, turbidity curtains) shall be implemented whenever visible plumes are
present to ensure compliance with the water quality standards stipulated in Section 24-42(3) of the Code of Miami -
THIS PERMIT AND PLANS SHALL BE KEPT ON -SITE
DURING ALL PHASES OF CONSTRUCTION
2010-CLI-PER-00088 Page: 4 of 8
Dade County. Turbidity controls shall be employed and maintained in the most effective manner possible to prevent
turbidity from extending beyond the control mechanism in place.
13. Turbidity may not exceed 0 Nephelometric Turbidity Units (NTU) within the Aquatic Preserve or 29 NTU outside of the
Aquatic Preserve, above background beyond the turbidity control device or 50 feet from any point of discharge.
Turbidity levels shall be monitored. If the turbidity levels exceed the above standards, all construction shall stop and
additional turbidity controls shall be implemented. Work shall not resume until the contractor has implemented
adequate turbidity control methods and has received authorization from PERA to recommence work. At PERA's
discretion, turbidity samples may be required to be collected in accordance with Section 24-44.2(3) of the Code of
Miami -Dade County.
14. If any work or activity associated with this project is to take place in navigable waters, the contractor shall instruct all
personnel associated with the project of the potential presence of manatees and the need to avoid collision with
manatees. All vessels associated with the project must operate at "Idle Speed/No Wake" at all times while in water
where the draft of the vessel provides less than a 4 foot clearance from the bottom. Additionally, all vessels will follow
routes of deep water whenever possible. All in -water construction activities shall cease upon the sighting of a
manatee(s) within 50 feet of the project area and will not resume until the manatee(s) has departed the project area.
Any collision with and/or injury to a manatee shall be reported immediately to the "Manatee Hotline" (1-888-404-
FWCC), the U.S. Fish and Wildlife Service, Jacksonville Field Office (904) 791-2580, and PERA (305) 372-6854.
15. The contractor shall ensure that all vessels associated with the construction shall operate within waters of sufficient
depth so as to preclude bottom scouring or prop dredging and shall maintain a minimum of 1 foot of water between
the vessel bottom and submerged aquatic resources.
16. The contractor shall ensure that there are no impacts to seagrass, hard corals, or soft corals as a result of
construction operations, such as, but not limited to, propeller scouring; and vessel or barge anchoring, grounding or
spudding. The marine contractor and permittee shall be held jointly liable for any of these unauthorized impacts. For
any impacts caused by the construction operation, PERA shall require, at a minimum, restoration and mitigation.
17. For the purposes of this permit, "vessel" is herein defined as any craft designed to float or navigate on water, including
but not limited to: sailboats, powerboats, rowboats, boats, ships, skiffs, houseboats, personal watercraft and inflatable
boats.
18. Pursuant to Section 24-48.10 of the Code of Miami -Dade County the work or structures authorized under this permit
shall be privately maintained by the permittee, his successors and assigns. Whenever, in the opinion of the Director
of the PERA, said work or structures are not maintained in such a manner so as to prevent deterioration to the extent
that they become a hazard to the public or to navigation, or create an obstruction of flow, or prevent access for
drainage maintenance purposes, or may damage adjacent property, then the owner is required to perform any
necessary remedial work.
19. Unless otherwise authorized in this permit and pursuant to Section 24-48.24 of the Code of Miami -Dade County, the
installation or construction of non -water -dependent fixed structures (e.g. covered structures, canopies, helicopter
pads, commercial signs, etc.) is prohibited in, on, over or upon any of the tidal waters of Miami -Dade County and
constitutes a violation of this permit. Failure to comply with this condition may subject the permittee to enforcement
action without further warning.
20. The time allotted to complete the work for which this permit has been issued shall be limited to the period stipulated
on the permit unless the permittee requests an extension of time from PERA in writing at least 30 days prior to the
date of permit expiration. Applications for extensions of time that are not timely filed pursuant to Section 24-48.9(2)(b)
of the Code of Miami -Dade County will be returned to the permittee.
21. An application for Transfer of a Class I permit may be filed with PERA at any time prior to the transfer of property
ownership up to 120 days after the date of transfer of fee simple ownership of the property that is the subject of the
permit. The Application for Transfer must be signed by both the transferee and transferor. Applications for Transfer
shall be filed in the form prescribed by PERA and shall not be processed if the filed Application for Transfer is not fully
complete in all respects pursuant to Section 24-48.18, of the Code of Miami -Dade County within 120 days of the date
of transfer of property ownership.
THIS PERMIT AND PLANS SHALL BE KEPT ON -SITE
DURING ALL PHASES OF CONSTRUCTION
2010-CLI-PER-00088 Page: 5 of 8
22. If the project involves construction, replacement, or repair of a seawall, the new seawall cap shall be a minimum of 6
inches above the final grade of the uplands immediately adjacent, and in order to prevent positive drainage of
stormwater into the waterway, all uplands immediately adjacent to the new seawall shall be graded away from the
waterway.
23. To further reduce the possibility of injuring or killing a manatee during construction, work within portions of the
Biscayne Canal, Little River, and the Coral Gables Waterway shall be performed only between May 1 and November
15.
24. A performance and/or mitigation bond may be held to ensure compliance with the aforementioned conditions and the
completion of any required mitigation. Failure to comply with any of these conditions may result in the revocation by
Miami -Dade County of all or a portion of the bond without further notice.
THIS PERMIT AND PLANS SHALL BE KEPT ON -SITE
DURING ALL PHASES OF CONSTRUCTION
2010-CLI-PER-00088 Page: 6 of 8
M IAM 1•DADE
COUNTY
DEPARTMENT OF PERMITTING,
ENVIRONMENT AND REGULATORY AFFAIRS
701 NW 1st Court, 6th Floor
Miami, FL 33136
Phone 305-372-6575 Fax 305-372-6479
NOTICE OF COMMENCEMENT OF CONSTRUCTION
PERMIT NO.:
PERMITTEE'S NAME:
PROJECT LOCATION:
PERMIT ISSUANCE DATE:
CONTRACTOR NAME:
PROPOSED DATE OF COMMENCEMENT:
ANTICIPATED DATE OF COMPLETION:
COMMENTS:
THIS PERMIT AND PLANS SHALL BE KEPT ON -SITE
DURING ALL PHASES OF CONSTRUCTION
2010-CLI-PER-00088 Page: 7 of 8
THIS PERMIT AND PLANS SHALL BE KEPT ON -SITE
DURING ALL PHASES OF CONSTRUCTION
2010-CLI-PER-00088 Page: 8 of 8
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Sheet
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SHEET INDEX
Sheet Tide
1 LOCATION MAP AND SHEET INDEX
2 VICINITY MAP
3 PROJECT KEY SHEET
4 BEACH PLAN R-102
5 BEACH PLAN R-103 & R-104
6 BEACH PLAN R-105 & R-106
7 BEACH PLAN R-107 & R-108
8 BEACH PROFILES R-102 & R-103
9 BEACH PROFILES R-104 & R-105
10 BEACH PROFILES R-106 & R-107
11 BEACH PROFILES R-108
12 PROPOSED STAGING LOCATION
13 GENERAL NOTES
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