Loading...
HomeMy WebLinkAboutFDEP_permit_AW000023_2018_mobi_matSTATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of Water Resource Management 2600 Blair Stone Road - Mail Station 3522 Tallahassee, Florida 32399-2400 (850) 245-8336 PERMIT NUMBER: AW-000023 (Amend) M2 PERMITTEE City of Cape Canaveral Joshua A. Surprenant, Community Engagement Director c/o John A. Pekar, P.E., LLC 102 Columbia Drive, Suite 207 Cape Canaveral, Florida 32920 MODIFICATION OF PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES PURSUANT TO SECTION 161.053, FLORIDA STATUTES FINDINGS OF FACT: An application for authorization to conduct altered work seaward of the coastal construction control line as shown in the project description was filed by the applicant/permittee named herein on February 20, 2019, and was determined to be complete pursuant to rule on March 23, 2019. Authorization to conduct activities as originally permitted was approved on March 7, 2017, and amended on March 23, 2017 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 modified 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. Based on the foregoing considerations, the Department 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(4), Florida Statutes. EXPIRATION DATE: March 7, 2022 LOCATION: Between approximately 45 feet north of the Department of Environmental Protection's reference monument R-002, and 160 feet north of R-012, in Brevard County. Project addresses: Polk, Monroe, Ridgewood and Buchanan Avenue Street Ends, Cape Canaveral. PROJECT DESCRIPTION: The City of Cape Canaveral is authorized to install and maintain 5-foot wide on -grade beach access mats on un- vegetated sandy public beaches over a five-year period. This authorization applies only to those structures specified in this permit or in a subsequent notice to proceed issued by the Department. Beach mats are flat, thin semi -rigid structures of porous woven or web -like plastic or other materials that are installed on -grade to provide a walking or rolling surface that meets Americans with Disabilities Act accessibility criteria. The mats are semi -permanent structures installed in segments with stakes and connectors for easy placement and removal. Beach mats are to be installed in a generally shore -perpendicular orientation and terminate landward of the recorded Erosion Control Line. Native dune vegetation to be removed for installation of the mats is to be replaced in kind. PERMITTEE: City of Cape Canaveral PERMIT NUMBER: AW-000023 M 1 PAGE 2 Beach Access Mats Monroe Avenue: A beach mat is to be installed at the seaward terminus of the existing dune walkover ramp located between approximately 340 and 390 feet north of R-009. The mat is to be 5-feet wide (shore -parallel) and 126 feet long, and to extend 380 feet seaward of the coastal construction control line. Polk Avenue: A beach mat is to be installed at the seaward terminus of the existing dune walkover ramp located between approximately 55 and 105 feet north of R-010. The mat is to be 5-feet wide (shore -parallel) and 134 feet long, extending 394 feet seaward of the coastal construction control line. Buchanan Avenue: A beach mat is to be installed at the seaward terminus of the existing dune walkover ramp located between approximately 115 and 165 feet south of R-011. The mat is to be 5-feet wide (shore -parallel) and 134 feet long, extending 394 feet seaward of the coastal construction control line. Ridgewood Avenue: A beach mat is to be installed at the seaward terminus of the existing concrete sidewalk located between approximately 130 and 180 feet north of R-5. The mat is to be 5-feet wide (shore -parallel) and 105 feet long, extending 150 feet seaward of the coastal construction control line. SPECIAL PERMIT CONDITIONS: 1. No mat in addition to those described in the above project description may be installed under this permit until the City has received a further written notice to proceed from the Department. Any permanent or temporary beach mat installation not specified in this permit requires further written authorization by the Division of Water Resource Management (Department). Temporary installations for seven (7) days or less will be processed as Special Event Permits pursuant to 62B-33.008 (10), F.A.C. Temporary beach mats laid on bare sand after 9:00 am or the morning sea turtle nesting survey, and removed before sundown the same day are exempt from permit requirements. 2. Prior to installation of any additional beach mat authorized by the Department, a preconstruction conference shall be held at the site among the contractor, the owner or authorized agent, and staff representatives of the Department (contact Jason Spanier at 772/919-5786 or jason.spanier@dep.state.fl.us) 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. No other structures, activities, or temporary or permanent lighting are authorized. 3. Beach mats are to be sited and designed in accordance with the following conditions: 3.1. Mats are to have a maximum 5-foot width. 3.2. No portion of a beach mat is to extend farther seaward than the Erosion Control Line or the seasonal high-water line (+6.15 NAVD), whichever is farther landward, or to individually disturb greater than 100 square feet of dune vegetation. PERMITTEE: City of Cape Canaveral PERMIT NUMBER: AW-000023 M 1 PAGE 3 3.3. Each mat is to be installed at -grade to allow for the vertical growth of the dune system, with minimal levelling or grading of sand. No limerock, shell hash or similar base material can be imported for beach mat base construction. 3.4. Upon completion of installation, stakes or signs must permanently mark and GPS latitude/longitude coordinates taken at both seaward and landward beach mat ends and reported to the Department. 3.5. If required for installation, vegetation removal is authorized within a maximum distance of one foot from the beach mat surface. 4. Permit coordination meetings must be held prior to March 1 start of sea turtle nesting season each year following initial permit issuance by contacting the Depaitment's staff representative. The conference may be held via telephone and will provide an opportunity for explanation and/or clarification of the special permit conditions as well as discussion of adjustments of the mats to provide maximum protection to the coastal system, adjacent properties and marine turtles. 5. Installation of the beach mats shall occur outside of marine turtle nesting season (March 1 through October 31). No installation, removal, transportation or storage of equipment or materials associated with the beach access mat will take place on the sandy beach during nesting season. If a storm requires mat removal during nesting season, the beach mats must be removed from the beach without the use of vehicles or heavy equipment. Mats may not be reinstalled during the nesting season. Reinstallation of mats may occur November lst and shall not occur prior to completion of all necessary morning marine turtle surveys conducted by personnel with a valid Florida Fish and Wildlife Conservation Commission (FWC) Marine Turtle Permit per Chapter 68E-1 F.A.C., to verify that no nests are present in the area proposed for installation. For this beach, the marine turtle permit holder is Mr. Mark Mercadante (321/543-6453 or mmercada@hotmail.com). 6. Installation of the beach mat at the Ridgewood Avenue beach access may occur during the 2019 marine turtle nesting season during the timeframe of July 8th through July 19th. This is a onetime window to accommodate the initial installation of the mat at this location only. It is the responsibility of the permittee to ensure that the project area and access sites are surveyed for marine turtle nesting activity prior to any work on the sandy beach to ensure all nests occurring in the project area have been marked for protection. The permittee must arrange for verification that the Marine Turtle Permit Holder who is duly authorized to conduct activities on the beach through a valid permit issued by the FWC, pursuant to 68E-1, F.A.C., has completed all nest surveys prior to installing the mat. Please contact Mr. Mark Mercadante (321-543-6453; mmercada@hotmail.com), the marine turtle permit holder for this area, for information on the marine turtle surveying for this nesting beach. The mat shall not be installed within 10 feet of a marked nest. All installation work must be done by hand without the use of heavy equipment. A lightweight ATV type vehicle with 10 p.s.i. or less tire pressure may be used for equipment transport. All work shall be confined to daylight hours and nighttime storage of equipment or materials shall be off the beach and landward of the dune crest. PERMITTEE: City of Cape Canaveral PERMIT NUMBER: AW-000023 M 1 PAGE 4 7 6. If a marked marine turtle nest is laid within 10 feet of an installed mat, notification with a specific location and photograph shall be sent to the FWC at MarineTurtle@myFWC.com. No mat installation or removal activity may occur within ten (10) feet of a marked marine turtle nest without approval from FWC. If any obstructed nesting attempts occur or if there are other adverse interactions between the mat and a nesting or hatchling marine turtle, FWC shall be notified immediately at the above referenced email address. 8 q. In the event of a major storm or significant loss of sand that reduces the width of the beach, the Permittee shall adjust the location of the mats landward to extend no more than 10 feet past the dominant vegetation line or to a length that ensures the distance between the seaward terminus of the mat and the Mean High - Water Line (MHW) remains at 200 feet or more. 9 S. It is the responsibility of the applicant to monitor and maintain the mats in operable condition. The mats shall be replaced or repaired when they become unraveled or degraded. Sand accumulation around the mats must be removed using only brooms and leaf blowers or by lifting and re -staking as needed. Heavy equipment, tractors and trucks are not authorized for use on the beach in mat maintenance activities. 10 9. The City shall plant a mix of a minimum of three different species of native dune vegetation, including sea oats and railroad vine to replace vegetation removed or disturbed during installation of the beach mats. Dune restoration plants shall be spaced throughout the designated area in staggered rows a maximum distance of 18 inches apart. Grass planting units shall be installed a minimum of 6 inches deep. The permittee shall fertilize, and water -in the planting units at the time of installation and irrigate and fertilize only as necessary until the plants achieve and maintain success within 180 days after planting. Success shall be based on the following criteria: 10 3.1- At least 80 percent of the planting units have survived, and 10 P.2- At least 80 percent of the planted area remains covered with native dune species. 10 P.3- If, during the 180-day period, one or both criteria are not being met, the Permittee shall replant all deficient areas and/or maintain the plantings until the above success criteria are met. A summary report shall be provided to the Department 180 days after the final replanting to document the success of the dune restoration. 1140. The seaward termini of on -grade mats shall reflect shoreline conditions and sea turtle nesting habitat suitability. In the event of a storm, shoreline erosion, and/or turtle nest, the City shall adjust the location of the mats as directed by the Department. 12. Beach mats are to be removed and the site topography restored within 14 days upon the closure of affected beach accesses lasting greater than 30 days, or in the event that the mat fails to meet the conditions of this permit. PERMITTEE: City of Cape Canaveral PERMIT NUMBER: AW-000023 M 1 PAGE 5 13. The permittee shall submit a report to FWC at MarineTurtle@myfwc.com by January 15th of each year the beach mat has been in place. The report shall summarize all nesting activity and marine turtle/beach mat interactions for the past year. This report shall include the number of emergences for each sea turtle species seaward of the mats and within 25 feet of the mats, the number of nests and false crawls, and nest inventory information for all nests within these 25-foot monitoring areas. Please include information concerning the required maintenance of the mats during each time period. 14 44. The permit duration shall be five years. The City shall follow all permit conditions and beach access guidelines published by the Depaitment to implement Section 161.053, Florida Statutes and Chapter 62B- 33, Florida Administrative Code. The monitoring and effectiveness of conservation measures provided in this permit shall be evaluated prior to the reauthorization, and modifications may be added if needed. The walkways shall be removed prior to expiration of this permit unless re -authorized by a new permit from the Department. GENERAL PERMIT CONDITIONS: (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 or 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, without written approval from the Department, shall be grounds for suspension of the work and revocation of the permit pursuant to section 120.60(7), F.S., and shall result in assessment of civil fines or issuance of an order to alter or remove the unauthorized work, or both. No other construction or activities shall be conducted. No modifications to project size, location, or structural design are authorized without prior written approval from the Depaitment. A copy of the notice to proceed shall be conspicuously displayed at the project site. Approved plans shall be made available for inspection by a Department representative. (b) The permittee shall conduct the construction or activity authorized 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 enter 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 rules 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 Depaitment and determined to be consistent with the permit and approved plans. (d) The permittee shall hold and save the State of Florida, the Department, and its officers and employees harmless 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 all claims and judgments resulting from such damage. (e) The permittee shall allow the Department to use all records, notes, monitoring data, and other information relating 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. PERMITTEE: City of Cape Canaveral PERMIT NUMBER: AW-000023 M 1 PAGE 6 (f) Construction traffic shall not occur 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. (g) 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. When required for mitigation, dune vegetation will be considered successfully established if within 180 days of planting, a minimum of 80 percent of the planting units survive, a minimum of 80 percent of the planted area is covered with native species and the vegetation is continuous without gaps along the shoreline. (h) All fill material placed seaward of the CCCL shall meet the requirements of subsection 62B-33.005(7), F.A.C. All such fill material shall be free of construction debris, rocks, clay, or other foreign matter; and shall be obtained from a source landward of the CCCL. (i) If surplus sand fill results from any approved excavation seaward of the control line, such material shall be distributed seaward of the control line on the site, as directed by the Department, unless otherwise specifically authorized by the permit. Sand fill placed seaward of the frontal dune, bluff or coastal armoring in marine turtle nesting habitat shall be configured such that it does not interfere with marine turtle nesting. (j) Any native salt -tolerant vegetation destroyed during 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. Unless otherwise specifically authorized by the Department, all plants installed in beach and coastal areas — whether to replace vegetation displaced, damaged, 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, and grown from stock indigenous to the region in which the project is located. (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. (1) If not specifically authorized elsewhere in the permit, no operation, transportation, or storage of equipment or materials is authorized seaward of the dune crest or 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 1 through October 31. (m) If not specifically authorized elsewhere in the permit, no temporary lighting of the construction area is authorized at any time during the marine turtle nesting season and no additional permanent exterior lighting is authorized. (n) All non -opaque walls, balcony railings, deck railings, windows and doors visible from any point on the beach must be tinted to a transmittance value (light transmission from inside to outside) of 45 percent or less through the use of tinted glass or window film. PERMITTEE: City of Cape Canaveral PERMIT NUMBER: AW-000023 M 1 PAGE 7 (o) The permit has been issued to a specified property owner and is not valid for any other person unless formally transferred. An applicant requesting transfer of the permit shall sign the permit transfer agreement form, agreeing to comply with all terms and conditions of the permit, and return it to the Depaitment. The transfer request shall be provided on the form entitled "Permit Transfer Agreement" — DEP Form 73-103 (Revised 1/04), which is hereby adopted and incorporated by reference. No work shall proceed under the permit until the new owner has received a copy of the transfer agreement approved by the Department. A copy of the transfer agreement shall be displayed on the construction site along with the permit. An expired permit shall not be transferred. Copies of the "Permit Transfer Agreement" form are available at the following website: https: //flori dadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl- forms. (p) The permittee shall immediately inform the Department of any change of mailing address of the permittee and any authorized agent until all requirements of the permit are met. (q) 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 foundation location form shall be submitted to and accepted by the Department prior to proceeding with further vertical construction above the foundation. The form shall be signed by a professional surveyor, licensed pursuant to chapter 472, F.S., and shall be based upon such surveys performed in accordance with chapter 472, F.S., as are necessary to determine the actual configuration and dimensioned relationship of the installed pilings to the control line. The information shall be provided to the Depaitment using the form entitled "Foundation Location Certification" — DEP Form 73-114B (Revised 9/05), which is hereby adopted and incorporated by reference. Phasing of foundation certifications is acceptable. The Department shall notify the permittee of approval or rejection of the form within seven (7) working days after staff receipt of the form. All survey information upon which the form is based shall be made available to the Department upon request. Permits for repairs or additions to existing structures with nonconforming foundations are exempt from this condition. (r) For permits involving major structures and exterior lighting on major structures, the permittee shall provide the Department with a report by a registered professional within 30 days following completion of the work. For permits involving armoring or other rigid coastal structures, the permittee shall provide the Depaitment with a report by an engineer licensed in the State of Florida within 30 days following completion of the work. The report shall state that all locations specified by the permit have been verified and that other construction and activities authorized by the permit, including exterior lighting, have been performed in compliance with the plans and project description approved as a part of the permit and all conditions of the permit; or shall describe any deviations from the approved plans, project description, or permit conditions, and any work not performed. Such report shall not relieve the permittee of the provisions of paragraph 62B- 33.0155(1)(a), F.A.C. If none of the permitted work is performed, the permittee shall inform the Depaitment in writing no later than 30 days following expiration of the permit. The report shall be provided on the form entitled "Final Certification" DEP Form 73-115B (Revised 9/05), which is hereby adopted and incorporated by reference. Copies of the "Final Certification" form are available at the following website: https: //flori dadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl- forms. (s) Authorization for construction of armoring or other rigid coastal structures is based on an engineering review and assessment of the design and anticipated performance and impact of the structure as a complete unit. Construction of any less than the complete structure as approved by the Department is not authorized and shall result in the assessment of an administrative fine and the issuance of an order to remove the partially constructed structure. Modifications to the project size, location, or structural design shall be authorized by the Depaitment in accordance with rule 62B-33.013, F.A.C. PERMITTEE: City of Cape Canaveral PERMIT NUMBER: AW-000023 M 1 PAGE 8 (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 required lease, license, easement, or other form of consent authorizing the proposed use. (3) The permittee shall obtain any applicable licenses or permits required by Federal, state, county, or municipal law. (4) This permit does not authorize trespass onto other property. (5) In the event of a conflict between a general permit condition and a special permit condition, the special permit condition shall prevail. (6) Copies of any forms referenced above can be obtained by contacting the Department of Environmental Protection, 2600 Blair Stone Road, MS 3522, Tallahassee, Florida 32399-2400, at https: //flori dadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl- forms or by telephoning (850)245-8336. Modified approved plans are incorporated into this permit by reference, as are any previously approved plans which are not superseded by modified approved plans. This modified permit, with the referenced attachments, comprises the entire permit and supersedes the permit as previously issued. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application. Petition for Administrative Hearing A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. PERMITTEE: City of Cape Canaveral PERMIT NUMBER: AW-000023 M 1 PAGE 9 (h) The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 21days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Depaitiuent in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of the Department. EXECUTION AND CLERKING Executed in Tallahassee, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Doug Aarons, P.E., M.B.A., Environmental Administrator Coastal Construction Control Line Program PERMITTEE: City of Cape Canaveral PERMIT NUMBER: AW-000023 M 1 PAGE 10 CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document and all attachments were sent on the filing date below to the following listed persons: John A. Pekar, P.E., LLC, johnpekarpe@gmail.com Joshua A. Surprenant, City of Cape Canaveral, j.surprenant@cityofcapecanaveral.org Jason Spanier, CCCL Field Inspector, jason.spanier@dep.state.fl.us FWC Imperiled Species Management, marineturtle@myfwc.com Mark Mercandante, Marine Turtle Permit Holder, mmercada@hotmail.com FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Depaitiuent Clerk, receipt of which is hereby acknowledged. July 8, 2019 Clerk Date