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R94-028RESOLUTION NO. R94-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A SOVEREIGN SUBMERGED LANDS EASEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as a part of the Boat Club Park Channel Dredging Project, it was necessary for the City to request an easement from the Florida Department of Environmental Protection through the Bureau of Submerged Lands and Preserves; and WHEREAS, said easement has been granted by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for a period of thirty (30) years from June 25, 1993, for the purpose of a public access channel in conjunction with an existing public boat ramp, courtesy docks and access piers; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission hereby authorizes and directs the Mayor and City Clerk to execute a Sovereign Submerged Lands Easement between the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and the City of Boynton Beach, a copy of which is attached hereto as Exhibit "A". Section 2. upon passage. This Resolution shall take effect immediately PASSED AND ADOPTED this /~ day of February, 1994. ATTE ST: Ci~b~ Clerk CITY OF Mayo~ Contmissi f BEACH, FLORIDA Auth. Sig Dredging. Rec 10/09/94 This Instrument Prepared By: Ruby D. Clary Bureau of Submerged Lands and Preserves 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTEB/qAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Easement No. 28956 BOT FILE NO. 501972546 SOVEREIGN SUBMERGED LANDS EASEMENT THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvemen~ Trus~ Fund of the State of Florida, hereinafter referred to as the Grantor. WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated herein, the Grantor does hereby grant to The city of Boynton Beach , hereinafter referred to as the Grantee, a nonexclusive easement on, under and across the sovereign lands described as follows: A parcel of sovereign submerged land in Section 15 , Township 45 South , Range 43 East , in Lake Worth , Palm Beach County, as ~-~ ~re particu~r~ ~escribe~ ~d s---~n on-~ac--~t A , dated January 18, 1993 TO HAVE THE USE OF the hereinabove described premises for a period of 30 years from June 25, 1993 , the effective date of this easement. The terms and conditions of and for which this easement is granted are as follows: 1. The above described parcel of land shall be used solely for a ~ublic access channel in con~unction with an existing ~ublic boat ram~, courtesy docks and access ~iers and Grantee shall not engage in any activity except as described in the Florida Department of Environmental Regulation Permit No. 501972546 dated September 23, 1992 , and modified October 23, 1992, attached hereto as Attachment B , and made a part hereof. 2. The rights hereby granted shall be subject to any and all prior rights of the United States and any and all prior grants by the Grantor in and ~o the submerged lands situated within the limits of this easement. 3. Grantee shall not damage the easement lands or unduly interfere with public or private rights therein. 4. This easemen~ is nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or 5o engage in management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the property ~o third parties during the term of this easement. 5. Grantor, or its duly authorized agent, shall have the right at any time to ~nspec~ the works and operations of the Grantee in any matter pertaining to this easement. 6. The Grantee shall investigate slt claims of every nature at its expense. Each party Ks responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time ~o time, or any other law providing limitations on claims. [66] 7. Grantee waives venue as to any litigation arising from matters relating to this easement and any such litigation between Grantor and Grantee shall be initiated and maintained only in Leon County, Florida. 8. This easement shall not be assigned or otherwise transferred without prior written consent of the Grantor or its duly authorized agent. Any assignment or other transfer without prior written consent of the Grantor shall be null snd void and without legal effect. 9. The Grantee, by acceptance of this easement, binds itself,its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Grantee, its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions herein set forth or in the event the Grantee violates any of the provisions and conditions herein, this easement may be terminated by the Grantor upon 30 days written notice to Grantee. If terminated, all of the above-described parcel of land shall rever~ to the Grantor. All costs, including attorneys' fees, incurred by the Grantor to enforce the provisions of this easemen~ shall be paid by the Grantee. All notices required to be given to Grantee by this easement or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: The City of Boynton 8each 100 E. Boynton Beach Boulevard Post Office Box 310 8oynton Beach, Florida 33425-0310 The Grantee agrees ~o notify the Grantor by certified mail of any changes to this address at least ten (10) days before the change is effective. 10. The Grantee shall assume all responsibility for liabilities that accrue to the subject property or to the ~mprovements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this easement which result from the gran~ of this easement or the activities of Grantee hereunder. 11. Renewal of this easement is a~ the sole option of the Grantor. Such renewal shall be subject to the ~erms, conditions and provisions of current managemen~ standards and applicable laws, rules and regulations in effect st that time. In the event that Grantee is in full compliance with the terms of this easement, the Grantee shall be allowed a 30-day grace period after expiration of this easement to apply in writing for a renewal. If the Grantee fails to apply for ~ renewal within the grace period, or in the event the Grantor does not grant a renewal, the Grantee shall vacate the premises and remove all structures and equipment occupying snd erected thereon at its expense. 12. If the Grantee does not remove said structures and equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and equipment will be deemed forfeited ~o the Grantor, and the Grantor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Grantee at the address specified in Item 10 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition to all other remedies available to Grantor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 13. No failure, or successive failures, on the part of the Grantor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 14. The Grantee, at its own expense, shall record this easement and any subsequent approved renewal and/or modified easements in the official records of the county within which the easement site is located within fourteen (14) days after receipt of a fully executed copy of this easement, and shall provide the Grantor with a copy of the recorded easement indicating the book and page at which the easement is recorded. 15. This easement is the entire and only agreement between the parties. Its provisions are not severable. Any amendmen~ or modification to this easement must be in writing and must be accepted, acknowledged and executed by the Grantee and Grantor. Page 2 of 25 Pages Easemen~ No. 28956 WITNESSES: Original Signa=ure BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SEAL) Typed/Printed Name of Witness Original Signature Typed/Printed Name of Witness BY Carolyn Thompson, Senior Management Analyst II, Bureau of Submerge~ Lands and Preserves, Division of State Lands, Agent for the Board of Trustees of the Internal I~qprovement Trus~ Fund "GRANTOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of , 19 , by Carolyn Thompson, Senior Management Analyst II, who is personally known to me. APPROVED AS TO FORM AND LEGALITY: Notary Public, State of Florida Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. DEP Attorney WITNESSES: Original Signa~r~ - Typed/~rin~d Name of-Wi~ess Typed/Printed Name of Witness STATE OF ~/~ COUNTY OF dF_/// ~A/ The City of Boyn~on Beach ISEAL) Original Signature of Exec~ng Authority Edward HarmeninK Typed/Printed Name of Executing Authority Mayor Title of Executing Authority "GRANTEE" APR £O FORM: CITY A%*'[ORNk'Y The foregoing instrumen~ was acknowledged before me this who zs personally known to day of My Commission Expires: ??;.,?~.~. ,~-~.,. SU~N~ H. KRUSE Commzssion/Serial No. Notar~ Public, State of Printed, Typed or Stamped Name Page 4 of 25 Pages Easemen= No. 28956 Easement No. = SCALE: !' 800' 5 of 25 Pages C~ANN~L ~ ~ ~ZZ~ =~' ~C ,~CZ Z~Z~O~Z~Z~oO~O-- Z ~0~0 ~--~Z ~0 :~ Z --m o~ '~om~--> mm~m ~Z O~O~Z~Z--Z' 0 ~-- =~ Z~ ~ ~ ~ ~Z' ~0~~ ~Z~--~OZ~O~O = ~00~ ~'Z ~ 0~0~ ~ ~==~ ~0 Z Attachment A Page 6 of 25 Pages Easement No. 28956 0 CT 2 3 I9S2 Florida Department of Environmental Regulation Southeast District · 1900 S. Congress ^v~, Suite A · West D~lm Be~¢h Florida 33406 La~vton Chiles. Governor Telephone: 407/433-2650 Carol ~. Browner. s¢¢retar~ Fax: 407/433-266{ City of Boynson Beach c/o John Shaffer Gee & Jenson One Harvard Circle West Palm Beach, FL 33409-1923 RE: DER Permit No. 501972546 City of Boyn~on Beach Dear Mr. Shaffer: The staff has reviewed your request of October 6, 1992, for a modification of the referenced permit. This modification requests that the mitigation area be constructed after dredging is completed. Specific Conditions 5(a), (b) and (c) shall be completed within 12D days of completing the dredging project. The last sentence of 5(c) shall be reworded to delete the words "and shall be received by the Department prior to dredging." The proposed modification is not e~pected to result in any additional or significant water quality/biological resource degradation. By copy of this letter and the attached drawings, are nouifying all necessary parties of the modifications. we This letter of approval does not alter the expiration date, Specific or General Conditions, or monitoring requirements of the permit. This letter and accompanying drawings must be attached to the original permit. A person whose substantial interests ars affected by this order may petition for an administrative proceeding (hearing) in accordance with Section 120.57, Florida Statutes. The petition must contain the information set forth below and must be filed (received) in the Office of General Counsel of the Department at 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, within 14 days of this order. Petitioner shall mail a copy of the petition to the applicant at the address indirated above at the time of filing. Failure to file a petition w~thin this time period shall constitute a waiver of any right such person may have uo request an administrative determination (hearing) under Section 120.57~ Florida Statutes. Attachment B Page 7 of 25 ~ages Easement No. 28956 City of Boyn~on Beach c/o John Shaffer Gee & Jenson File No. 501972546 Page 2 The Petition shall contain the following information; (a) The name, address, and telephone number of each petitioner, the applicant's name and address, the Department Permit File Number and the county in which the project is proposed; (b) A statement of how and when each petitioner received notice of the Department's action or proposed action; (c) A statement of how each petitioner's substantial interests are affected by the Department's action or proposed action; (d) A statement of the material facts disputed by petitioner, if any; (e) A statement of facts which petitioner contends warranu reversal or modification of the Department's action or proposed action; (f) A statement of which rules or statutes petitioner contends require reversal or modification of the Department's action or proposed action; and (g) A statement of the relief sought by petitioner, stating precisely the action petitioner wants the Department to take with regard to the Department's action or proposed action. If a petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly, the Department's final action may be different from the position taken by it in this Notice. Persons whose substantial interests will be affected by any decision of the Department with regard to the application have the right to petition to become a party to the proceeding. The petitlon must conform to the requirements specified above and be filed (received) within 14 days of publication of this notice in the Office of General Counsel at the above address of the Department. Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Section 120.57, F.S., and to participate as a party to this approval of the presiding officer upon motion filed pursuant to Rule 28-5.207, F.A.C. This Order is final and effective on the date filed with the Clerk of the Department unless a petition is filed in accordance with the above paragraphs or unless a request for extension of time mn which to file a petition is filed within the time specified or filing a petition or a request for an extension of time with order will not be effective until further order of the Department. Attachment B Page 8 of 25 Pages Easement No. 28956 City of Boynton Beach c/o John Shaffer Gee & Jenson File No. 501972546 Page 3 When the Order if final, any party to the Order has the right to seek judicial review of the Ordel pursuant to Section 120.68, Florida Statutes, by the filing of a Notice of Appeal pursuan~ to Rule 9.110, Florida Rules of Appellate procedure, with the Clerk of the Deparment in the Office of General Counsel, 2600 Blair Stone Road, Taltahassee, Florida 32399-2400; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District court of Appeal. The Notice of Appeal must be filed within 30 days from the date the Final Order is filed with the Clerk of the Department. If you require any additional assistance, please contact Caroline Hanes of this office, at 407/433-2650. STATE OF FLORIDA DEPARTMENT OF ENVIRONI~ENTAL REGULATION Mary E~~. ~lli~s DirectOr of District Management 1900 South Congress Ave., Suite A West Palm Beach, Florida 33406 Telephone (407) 433-2650 MESW/ch/6 cc: U.S. Army Corps of Engineers PBCERM DNR Property Appraiser WPB Files Attachment B Page 9 of 25 Pages Easememt No. 28956 Florida Department' of Environmental Southeast District ® 1900 S: Congress AV~, Suite A · West Palm Beac~ Telephone: 407/433-2650 Fa.~: 407/433-2666 PERMITTEE: City of Boynton Beach c/o Job3~ Shaffer Gee & Jenson P.O. Box 24600 West Palm Beach, FL 33416-4600 I.D. NUMBER: 5050M05200 PERMIT CERTIFICATION NUMBER: 501972546 D*TE OP ,SS=, 7 EXRIRATION DATE: , COUNTY: PALM BEACH LATITUDE/LONGITUDE 26o32,30,,N//80o3,13,,W SECTION/TOWNSHIP/RANGE t5/45S/43E PROJECT: Dredge charn~el This permit is issued under the provisions of Chapter 403, Florida Statutes, Public Law 92-500 and Title 17, Florida AdminiStrative Code Rules. The above named permittee is hereby authorized to perform the work or operate the facility show/1 on the application and approved drawing(s), plans, and other documents attached hereto or on file with Department and made aparu hereof and specifically described as follows: TO: Hydraulically excavate 3200 cubic yards of sand and silt to construct a navigation channel with overall dimensions of 940'long x 30'wide (bottom dimension). The wacerwardmost 500 linear feet will be dredged =o -6' Mean Low Water (MLW), the next'landward 130 linear feet will be dredged co -3'MLW, and no dredging will occur in the landwardmost 310 linear feet of the charmel. Mitigation to offset unavoidable impacts'to 0.1 acre of seagrasses includes creation of an 0.3 acre tidal wetland, planted with 0.1 acre of smooth cordgrass Spartina alterniftora. IN ACCORDANCE WITH The DER Application Form 17-1.203(1) receive~d on May 21, 1991, additional information received on October 28, 1991, March 4, April 20, and June 18, 1992, the six(6) attached stamped drawings, and supporting documentation regarding a Conservation Easemenu. LOCATED: Boynton Beach Boau Club Park, ac the ease end of ArE 20th Avenue, Bop-trot Beach, Palm Beach County, between the western shoreline of Lake Worth, Class III waters, and the Atlantic Intraooastal Waterway. The mitigation site is on a city-owned lot north of the parcel north of the park.- SUBJECT TO: General Conditions 1-15 and Specific Conditions 1-21. Page 1 of 10 Attachment B Page 10 of 25 Pages Easement No. 28956 "~ermit, are permit conditions and are binding and enforceable pursuant to Sections ~.~403.14t, 403.727, or 403.S5~.through 403.861, F.S. The permittee is placed on notice -~that the Department will re~iew this permit periodically and may initiate enforcement .' action for any violation of these conditions. 2. This permit is valid onl~ for the specific ~rocesses and operations applied for al indicated in the approved drawzngs or exhibits. ~ny unauthorized deviation from the approved drawings,.exhibits, specifications, or conditions of this permit may constituu grounds ~for revocation and enforcement action by-the Department. 3. As provided in subsections 403.087(6) and 403.722(5), F.S., the issuanc~ of this permit does not convey any vested rights or any exclusive privileges~ Neither does it authorize any znjury to public or private property or any invasion of personal rights nor any infringement of federal, s~ate, or local laws or re ulations. ' 't ' ' a waiver of or approval of any other Department permit thatgmay be requ~ ~grrm~th~~ n~ aspects of the total project which are not ~diressed in this permit. recognition or acknowledgement of title, and does not constituze authorit for the use submerged lands unless herein provided and the necessary title or leaseho~ have d interests been obtained from Zhe State. 0nly the Trustees of the Internal Improvement Trust Fund may express State opinion as co title. - 5. Tkis.permit does not relieve the permittee from liability for harm or injury .human health or welfare, animal, o~ plant life, or property caused by the construction c operation of this permitted sourca~ or from penalties therefore; nor does it allow the permztuee no cause pollution in contravention of Florida Statutes and Department rules unless specifically authorized by an order from the Department. ' 6. Th~ oermittae shall proDerly operate and ma' ' preatmen~ ~nd eon ~ , . lntaln the.facllit~ and systems of ~ ...... t_ol (ana.rela=e~ appurtenances) that are lnstaltea and used by the ~=e ~o achieve compliance w~th the conditio ~ ~epartment rules. This ~,~ ~_~..=__ _- ns ~r this permit, are required by facilities o~ similar .... ~i2~_=ju=uu=~ un~ opera=ion of oackuD or 7. The oermittea ~ -~ .... - ,- .... Depar=ment'oerson_net -~J~.~5~s PeEmz~,.speg~zcally agrees co allow authorized (a) Have access to and copy any records that must be kept under conditions of the permit; (b) Inspect the facility, equipment, practices, or ooerations regulated or recuire under this permit; and - (c) Sample or monitor any substances or parameters at any location reasonably Reasonable time may depend on the nature of the concern being investigated. S. if~ for any reason, the permitzee does not comply with will be unable to comply · ~ith~~n~ condition or !imitation specified i~ ~ ~L~, (a) A description of and cause of noncompliance; and - -<b) Th.e period of noncompliance incl~ing dates and u~m~' re¥ocatiom of this permit. Page 2 of /0 .DER Perm 17-1.201(5) Zffec~iv~ November 30~ 1982' Attachment B Page 11 of 25 Pages Easement No. 28956 :ep~ing this pernit,'the permi=tee understands and-a§rees ~hatall re~ords,~<'' data and other information rela~ing to the construction or operation' ted source which are submitted to the Department may be used by the Departme in any enforcement case involvir~g the permitted source arising u~der the~- Statutes or Department rules, except where such use is prescribed by Section ';:ill'and 403.73, F.S. Such evidence shall-only be used to the e~tent it is-consists .~.x 't~tHe'Florida Rules of Civil Procedure and appropriate evidentiary rules. "~10;:"'The permittee agrees to comply with changes in Department rules and Florida ~;'Statutes after a reasonable time for compliance;-provided, however~ the permittea does ~':;~ot waive any other rights granted by Florida Statutes or Department rules. ['11. This permit is transferable only upon Department approval in accordance with Rule 17--&.120 and 17-30.300, F.A.C., as 9pplicab!e. The perm~ttae shall be liable for any non-compliance of the permitted actlvmty %kntil the transfer is approved by the Departme !2. This permit or a copy thereof shall be kept at the ~ork site of the permitted activity. 13. This permit also .constitutes: ( ) Determination of Best Available Control Technology (BACT) ( ) Determination of Prevention of Signifioant Deterioration (PSD) (~Certification of compliance witk s~ate Water Quality Standards (Section 401, PL 92-500) ( ) Compliance with New Source Performance S~andards The permittee sh~ll, comply vi'th the 'following: (a) ~pon ~equest, the perm~ttee shall furnish all records and plans required ~nde Deparrman~ rules. During enforcement actions, the retention Derioo for ali recoras .will be extended automatically ~less otherwise .stipulated by th~ Department. ~ ~ ' (b) The ~rumittee ~ha!l hold at the facilitw or other looation designated by t%is maintenance records ~d all original stri~ chart reoordings for continuous - monitoring instrumentation) resulted by the oermft, co~ies of all retorts required by this oarmic, acc r~cords of all ~ata used ~o comolete th~ application for t~is permit. These materials shall be retai~ed a~ least ~hre _ _ o__erw, s_ specified by Department rule. (c) Records of monitoring information shall .include: !. the dace, exact plaee~ and time of sa~plir~ or measurements; 2. the parson responsible for performillg the s~umpling or measuramencs; 3. the dates a~a!yses were performed; &. the person resoonsib!e for performing the analyses; 5.- the.analytioal'tecbalioues or methods used; 6..t~e.r~..~!ts of such a~.a!yses. !S. ~nen requested by the ~epartment, the oermittee shall ~ithin a reasonable time furn. iah any informatio~ requlrac by law whio~ ~s needed to de%el-mine compliance with ~h pe~ic. If ~he pe~--mi~tee becomes aware the relevant facts ~era. not 'submitted or were %nccrrec~ in the pe.~-mit aoD!ioation or in any repor~ to ~he Deoarrment, such facts or ~nformatlon shall be corr~kted promptly. - DER Form 17-1.201(5) Effective November 30, !9S2 Page 3 of Attachment B Page 12 of 25 Pages Easement No. 28956 ~o~'~: Boyn. ton Beach ~'~ ~n~ Chaffer · :'~ SPECIFIC CONDITIONS: I.D. NUMBER: 5050M05200 PERMIT CERTIFICATION NUMBER: 501972546 Issus: SEP 2 3 1992 EXPIRATION DATE: SEt 2 3 1~ ' "No person shall commence any excavation, 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 Department of Natural Resources under Chapter 253, until such person 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." Pursuant to Florida Administrative Code Rule 16Q-14, if such work is done without consent, or if a person otherwise damages s~ate land or products of state land, the Board of Trustees may levy administrative fines of up to $10~000 per offense. 2. All other necessary State, Federal, or Local permits must be applied for and received prior uo the start of work. 3. Written notification shall be provided to the Department of Environmental Regulation, Southeast Florida District Office in-West Palm Beach and Palm Beach County Department of Environmental' Resources Management, a minimum of forty-eight (48) hours prior to commencement of construction and a maximum of forty-eight (48) hours after completion of construction. 4. The permittee shall ba responsible for ensuring that all permit conditions are explained to all construction personnel, and for providing the ;contractor(s) with a copy of this permit before any construction begins. 5. 'The following shall be completed prior to dredging the channel: (a) (c) The permittee shall complete construction of the mitigation area show~ on sheets 5 and 6 of 6, and as described in Specific Conditions 10-13 below. The permittee shall provide to the Department a survey sketch and legal description of the mitigation area referenced in (a) above (at least 0.3 acre). The permittee shall submit for Department approval a copy of a Conservation Easement, with the Department as grantee, over at least 0.3 acre of created wetlands, as sho%rn on sheets 5 and 6 of 6 and ref%renced in (a) and (b) above% Additionally, the permittee shall provide the Departmenu with proof, in the form of a title abstract and certificate of title executed by a person or entity authorized to provide such an opinion, or a title insurance policy, that the area subject to the conservation easement is unencumbered, (as of the date of recording,) or if encumbered, that all holders of property inuerests with priority over the Department's interest have agreed to release or subordinate their interest to the Department's easement upon receiving Department approval of the Conservation Easement. After approval of the conservation easement by the Department, the permittee shall provide a copy of the executed end'recorded copy of the Conservation Easement. This copy shall be certified by the Clerk of Court and shall be received by the Department prior ro dredging. Page 4 of 10 Attachment B Page 13 of 25 Pages Easement No. 28956 I.D. NUMBER: 5050M05200 PERMIT OERTIFICATION NUMBER: 50197254~ DATE OF ISSUE: SEP 2 3 1992 EXP T:rON'DATE: $EP 2 3 1997 d) Boundaries of the channel within seagrasses sh~ll be marked in the field with buoys or other visual markers uo limit the dredge ares that shown on the drawings. e) Turbidity barriers shall be installed prior to any dredging or excavation uo preven~ violations of State Water Quality Standards. The barriers shall be inspected daily by the contractor to ensure that they are maintained in place until all work associated with project construction has been completed. f) The spoil retention area depicted on sheets 2 and 3 of 6 shall be constructed. 6. An effective means of turbidity control, such as, but not limited to, turbidity curtains shall be employed during all operations that may create turbidity so that it shall not exceed 29 Nephalometric Turbidity Units above natural background value. Turbidity control devices shall remain in place until all turbidity has subsided. 7.- The access channel shall be hydraulically dredged. Spoils shall be pumped to the upland spoil area show~ on sheet 2 of 6. The dredge shall be operated in a manner to minimize disturbance of seagrasses beyond the area show~ on sheet 2 of 6. 8. Turbidity monitoring equipment and personnel trained to use it shall be kept on-site during all opera,ions that may cause turbidity. 9. The permittee shall monitor turbidity levels at least every four hours during dredging or filling operations and when the dredge is shut dow~ due ~o a pipeline break or other circumstances ~nieh might affect water quality. Samples shall be taken at top, mid-depth and one foot above bottom at monitoring stations located as follows: -. In Lake Worth a. au least 500 ft. up-curren= of the dredge suction head and clearly outside the influence of dredging activities (background). bo 10 ft. do~rn-current of the silt curtain around the discharge pipe, and 50 feet down current of the curterhead, or with any visible turbidity plume (compliance sample). All monitoring data shall be submitted to the Department's Southeast District 0ffice ~ithin one week of analysis with documents containin~ the following information: (!) permit number; (2) dates of sampling and analysis; (3) a statement describing the methods used in collection, handliD~, storage and -'analysis of the samples; (4) a map indicautng the sampling locations and (5) a Page 5 of 10 Attachment B Page 14 of 25 Pages Easement No, 28956 ~ERMITTEB: of Boynton Beach John Shaffer '.~{.SPECIFIC CONDITIONS: DATE OF ISSUE: -. EXPIRATION DATE: StP 2 3 199 SEP 2 3 1997 statement by .the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection and accuracy of the data. Monitoring reports shall also include the following information for each sample that is taken: (1) time of day samples taken; (2) depth of water body; (3) depth of sample; (4) antecedent weather conditions (5) tidal stage and direction of flow; and (6) wind direction and velocity. If monitoring reveals apparenn violations of the state water quality standard for turbidity, construction activities shall cease immediateI~ and nor resume until corrective measnres have been taken and turbidity has renurned to acceptable levels. Any such occurrence shall also be immediately reported to the Department of EnviroD_mental Regulation, Southeast District Office. Failure to submin reports in a timely manner constitutes grounds for revocation of the permit. 10. Prior to planting the mitigation area, the mean high water, mean low water, and planting elevations shall be staked in 'the field. it. The permittee will use adequately sloped and prepared substrates ~o achieve a tidal regime conducive to m~Ximum survival and success of the mitigation 12. Smooth cordgrass (SDartina alterniflora) shall be planted in the created shoreline in the areas depicted on sheeu 5 of 6. Plantings shall be replaced as necessary to maintain 80~ survivorship of the vegetation until the Department determines thc establishment of the created wetland is reasonably assured (three years). At this time, the Department will inform the permittee in writing of the futfillmenu of this requirement. 13. The permittee shall use healthy smooth cordgrass 4" plugs placed on 2' centers. Within 7 days after initial planting the permittee shall submit a "baseline" report with photographs (from referenced locations) specifying the date and number of plantings. A drawing shall be included to show the location of photographs. Subsequent monitoring reports are =o be submitted quarterly, · with the first report due three (3) months after the baseline~re'port, and shall Page 6 of 10 Attachment B Page 15 of 25 Pages Easement No. 28956 ~c/o Jolm Shaffer - SPECIFIC CONDITIONS: I.D. NUMBER: 5050M05200 CE T F CATIO/ .m R: so1972s4s DATE OF ZSSUZ. Z 1992 EXPIRATION DATE: SE? 2 3 include the number of plants surviving, additional plugs planted, explanations for any failure of plantings to thrive and photographs from the locations referenced in the baseline report. Additional monitoring reports, with the same information as outlined above, are due the first week of each subsequent quarter for three years or until the department determines the revegetation is successful. 14. The permittee shall secure adequate replanting supply for mortality replacement to maintain a minimum B0% survival during the monitoring period. 15. The mitigation area shall be kept free of debris and exotic/nuisance vegetation, and shall be protected from intruszon by foot traffic and other unnecessary disturbance by appropriate fencing or barricades, as necessary. 16. It is the intent of the nritigation project .to create viable, functional, productive estuarine tidal marsh wetlands. In order to offset the adverse impacts of the permitted project, the created area is expected to perform the following functions: contribute to primary productivity and detrital export, provide.habitat, forage and breeding areas for fish and wildlife, and provide shoreline buffering against wave and wind action. Successful establishfnent of the wetland and transitional zone will require careful monitoring and may require elevation and/or hydrological adjustments to meet the Department's goals. It is possible that the permittee's obligation pursuant uo successful wetland creation may extend beyond the life of the permit, and the permittee may be required uo et=er into a long-=arm agreement or to post a performance bond with the Department, prior to permit expiration, in order to provide reasonable assurance that the mitigation will be successful. 17. Within 90 days of completing the channel, its location shall be marked on site with appropriate channel markers according to U.S. Coast Guard Regulations and/or the Florida Uniform Waterway Marking System (Florida Statutes Chapter 327.40-1). 18. The permittee shall ensure that: Prior no commencemene of construction, the prime contractor will obtain from Florida Department of Natural Resources, Florida Marine Patrol, Office of Boating Safety, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 (904) 488-5757, a permit for posting of temporary, sign(s) in manatee areas. Th~s permit will be issued for either 60, 90, 180 or 240 days. In order for this permit to be extended, a request in writing must be received by the Florida Marine Patrol, Office of Boating Safety, ~rior =o expiration of the permit. If no request for extension is received ~he contractor(s) must remove the sign(s), stop work and notify the Florida Marine Patrol, Office of Boating Safety, in writing, within ten working days. Page 7 of 10 Attachment B Page 16 of 25 Pages Easement No. 28956 PERMITTEE: I.D. NUMBER: 5050M05200 Boynton Beach PERMIT CERTIFICATION NLrMBER: 501972546 Shaffer DATE OF ISSUE: SEP 2 3 1992 EXPIRATION DATE: 8EP 2 3 SPECIFIC CONDITIONS: After the permit is issued but prior to commencement of construction, the prime conuraotor involved in the construction activities shall display in a prominent location on the vessel, visible to all. employees operating the vessel, a sign (temporary placard) at least 8~"xll" reading, "Manatee Habitat/Idle Speed in Construction Area". In the absence of a vessel a sign ~temporary) 2'x2' will be located prominently adjacent to the displayed issued construction permit. A second temporary 2'x2' placard reading, "Warning Manatee Area" will be posted in a location prominently visible to water related construction crews. Temporary notices are to be removed by the permittee upon completion of construction. All other signs must be at least 3'x3', with white reflective background; black block lettering no smaller than 1" in height; and international orange reflective border. A circle of international orange with a white center shall be located in the center of the sign(s). The number of signs required will depend on the size of the construction area. All signs shall conform to the Florida Uniform Waterway Marking System in accordance with F.S. 327.40(1). The contractor instru:us all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with All construction personnel are 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. The permittee and/or contractor may be held responsible for any manatee harmed~ harassed, or killed as a result of construction activities. Siltation barriers are made of material in which manatees cannot become en~sngled, ars properly secured and are regularly monitored to avoid manstee entrapment. Barriers must not block manatee entry uo or exit from essential habitat. All vessels associated with the project operate at "no wake/idle speed" at all times while in water where the draft of the vessel provides less that a four foot clearance from the bottom and that vessels will follow routes of deep water whenever possible. If manatees are seen within 100 yards of the active daily construction/ dredging opera~ion all appropriate precautions shall be implemented ~o ensure protection of the manatee. These precautions ~hall include the operation of all moving equipment no closer than 50 fee~ of a manatee. Operations of any equipment closer than 50 feet of a manatee shall necessitate immediate shutdo%rn of that equipment. Page 8 of 10 Attachment B Page 17 of 25 Pages Easement No. 28956 PERMITTEE: 'Boynton Beach Shaffer I.D..lfJMBER: 5050M05200 PERMIT CERTIFICATIO~L1NL~Ri 501972546 DA Z oF issux: SEP Z B 99Z . XP TION DA E: SE? 2 3 1997 :!'.,LS iCZFIC CO ITIONS: . h.' Any collision with and/or injury to a manatee is reported immediately to the Florida Marine Patrol (t-80b-£IAL FMP) and to the U.S. Fish and Wildlife Service, Jacksonville Office (904-791-2580) for North Florida and to the Vero Beach Field Office (407-562-3909) for South Florida. The contractor maintains a log detailing sightings, collisions, or ln3uries to manatees should they occur during the contract period. Following project completion, a report summarizing incidents and sightings is submitted to the Florida Department of Natural Resources, Marine Research Institute, Office of Protected Species Research, 100 Eighth Avenue, S.E.j St. Petersburg, Florida 33701-5095 and to the U.S. Fish and Wildlife Service, 3100 University Boulevard, Jacksonville, Florida 32216. Permanent "Caution Manatee Area", awareness and regulatory signs are installed and maintained at the basin and at the channel near its confluence with the Atlantic Intracoastal Waterway. Within 30 days of completing the dredging, the permittee will"send a pro3ect site plan and a chart indicating the locetion of t~e facility (in relationship to waterways and County locations) to the Department of Natural Resources, Division of Marine Resources, Protected Species Management, 3900 Commonwealth Blvd., Tallahassee, Florida 32399.. The Office of Protected Species Management will then review and indicate on the site plan the Type and number of signs required and. the permanent locations for signs. In areas where manatee speed zones are in effect, specific regulatory signs will be designated for posting. Upon review and designation of sign locations by the Office of Protected Species Management the site plan will be returned to the permittee along with a list of sign suppliers. Permanent "Caution Manatee Area", awareness and regulatory signs are (4'x3') constrtcted of .125 gauge 5052~H38 Allodined (corrosion proof) Aluminum covered with 3M Engineer grade, reflective sheeting; black, screened design, and block lettering at least 1" in height; and an orange engineer grade reflective border. The number of signs required will depend on-the design of the facility. These slgns shall conform to the Florida Uniform Waterway Marking System in accordance with F.S. 327.40-1. The overall construction of these signs shall be made in accordance with the FDNR specifications. Permanent Information Displays (consisting of two signs "Manatee Basics for Boaters" and "West Indian Manatee Fact Sheet) signs are installed on land au the basin within 90 days of completing the basin, at a prominent location (facing toward shore), to increase the awareness of boaters using the facility of the ~resence of manatees and of the need ~o minimize the threat of boats to these animals. At least one set of I~formation Display signs is required at the facility. Permanent Information Display sign locations will be specified by FDNR when other permanent sign locations are designated (j above). A list of sign suppliers will be forwarded with the returned site plans. Page 9 of 10 kttachment B Page 18 of 25 Pages Easement No. 28956 Beach John. SHelf er SPECIFIC CONDITIONS: I.D. NUMBER. 5050M05200. PERMIT CERTIFICATION. NUMBER:' 501972546 " : 992 DATE OF ISSUE: SEP 2 3 1 EXPIZ~TZOU OA~E: SEP 2 3 1997 A notarized verification (letter) containing the latitude and longitude for each sign installed along with a statement that permanent signs have been installed at designated locations shall be forwarded ~o Florida Department of Natural Resources, Division of Marine Resources, Office of Protected Species Management, 3900 Commonwealth Boulevard~ Tallahassee, Florida 32399 as soon as signs are installed. All signs and pilings remain the responsibility of the owner(s) and are ro be maintained for the life of the facility in a maimer acceptable to FDNR. 19. If historical or archeological artifacts, such as Indian canoes, are discovered au any time within the project site, the permiuuee shall immediately notify the district 6ffice and the Bureau of Historic Preservation, Division of Archives, History and Records Management, R.A. 'Gray Building, Tallahassee, Florida, 32301. 20. The engineer of record shall submit record-drawings to this office within sixty (60) days after completion of construction. 21. The permittee shall be aware of and operate under the attached "General Permit" Conditions #1 and #15. General Permit Conditions are binding upon the permittee and enforceable pursuant uo Chapter 403 of the Florida Statutes. EXECUTED ON THIS i~West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION Page 10 of 10 A~tachment B Page .19 of 25 Pages Easement No. 28956 )POSED PROJECT SITE '.--;" SW L,..OCAT IOki b,1A~ bE GEE & ]£NSON IE2~IG~NEERS-ARClqITECT~.-FtL~NN~ ~J~$T PALM BEACH. FLORIDA BOAT CLUB PARK NAVIGATION CHANNEL PALM BEACH COUNTY, FLORIDA APPLICANT ~ CITY OF BOYNTON BEACH Attachment B '~'Page 20 of 25 Pages Easement No~ 28956 v. ~/~2 EXCAVATION (,~ ~ AO. ~ ~O0~u.Y~ GEE ~ JEN~N ~N~-A~-P~NN~.I~. ~ PALM BEACH. FLORIDA BOAT CL~ PARK NA~BATION CHANNEL E~, ~W ~OW ~ PA~ BEAOH OOU~, FLORIDA APPLIOANT ~ 01~ OF BOYNTON BEAOH ,.~=~ ~ ~o~=~~__lJ~ ~x% Icc:'&~ ;~. Attachment B Page 21 of 25 Pages Easement No. 28956 .._ Mi Dwi, -- 1-.0 SF~CTIO~ A-A t-1'5 q7 N~VD OUq' FALL 60~ ,* 150;:< WtSI~. %.. S~OTt~%4 CO~ I~.F'ilT ~- 87 5PJ-ZlIT~ . I ~--~Y~iAYA"FF~ MATI~ IA.U 35' Fo~ OIK~ FOR. PERMIT USE ONLY ~v.s/e/ ~R,V, 5./~ · GEE & JENSON ENGtNE.ERS-ARCHITEC'FS-PI.~NNE. RS. INC- ~ PALM BF..ACH. FLOR. IDA BOAT CLUB.PARK NAVIGATION CHANNEL F~ALM BEACH COUNTY, FLORIDA · APPLICANT { CITY OF BOYNTON BEACH Attachment B Page .22 of 25 Pages Easement No. 28956 GEE & JENSON ENGINEERS-ARCH~TEC?S.PLANNERS, INC. BOA'~,.QLU~ PARK NA~A~ CHAN~L -" .-' ,..-.?APPLICA~-~ C~ OF B~ON BEACH Attachment B Page 23 of 25 Pages Easement No. 28956 RECEIVED SE? 2 I 199~ w~sT p~u~ ~ PROPERTY LiNE ..,BASED ON COASTAL [OX. MHW MLW PROPERTY LINE MHW ~ PROPOSED"MI~W INTERPRETIVE SHELTER - FOR PERMIT USE ONLY ~.~OT FDR CONSTRUCTION AC. SHALLOW WATE~"H~ITAT TO BE DREDGED : -:~TO.C, PPROXIMATELY'-2.0' MLW D .BE PLANTED ~ON 24"CENTERS 'SCALE PLAN o ~oo FEET -10 TO SE PLANTED ON 24' CENTERS SECTION 7~-] EXCAVATION -10 EL.+5' 12'-- , NOTE: EXAGERATED : / ' ~ VERTICAL SCALE ALTERNAF, ,, g/ 'SEEDLINGS ,TO BE ' 8 ' ' '- ' SECTION E- E ~7]EXCAVATION SCALE 0 FEET 30 EXIST· GROUND . [ I ' I · ~ i .-10 EL.+5' '--N'I I - ~_:,+~.~. . · - . \l l../--- '"" /- EL.+.~ I :-:- "." :"'.' -' :' "' :' ~,~-,-'~-,,c,~,~!,~,~¢,/~/~.~aa~f// t I I k., .,~w -~= ' ' -, ..' '-''.. :'~:~'~ - -':"/:~:':~ .-'~ t / . A~LW · - ./ -, .... .' '.~ t ~~ / SPARTINA ALTERNAFLORA SEEDLINGS ~/ 8 -/ / EL.-3' D - D SCALE ,~F-V. 9/92 ~..,.~ ~) FEET 20 GEE & ,YENSON ENGRQ'EERS-ARCt~'rr;CTS.~r~L~,~B~S, IlqC. - JKS BOAT CLUB PARK NAVIGATION CHANNEL PALM.BEACH COUhLTY ~'FLORIDA APPLICANT: CiTY OF BOYNTON BEACH SHOWN SHEE~ 2 OF Attachment B Page 24 of 25 Pages Easement No. 28956 · -- ~.~-...:..:.~...... . -.- --... ~ ..... ~,~ . . ~ ',~-~- ' I '.~ ~ ~-.,~v'--*,' ~-,:'-,'~-: .. ,',',:~,? ~ · :~'~-'"'- I -~- ~ ~>..,' ,. ':-- ...... ' .'~:~-~ ~ ~ · .~,~ ~ ~,.? ~.,,..:~,:.-.:....~ ..... ~¢~ ~:~,,~ '' ~ ~ ~,'~ ' .......... '""~' ~ -~ ~t~.'- ... ~-~-. ........ . ........ ~. ~..~ ~ > ~o-'~,-..:-,."~,:.~.-¥~E .+~..-,~,?.~.' I- / '..~--.' :"'~: ....... ~ '.:.:b:~..":?EXIST GROU D"' '' I ..... :"?~'" .... ' ...... ~" ' ' ':~ EL+.~' / Zh :."-;':. :'..:.' . ~ /'/ - ' ~-'~ L SPARTINA ALTERNAFLORA SEEDLINGS ~ 8 ' : ~ ~-1o TO BE PLANTED ON 24' CENTERS %-- EL.-3' EXCAVATION SECTION F - F SCALE 0 FEET 20 use ONLY FOR GEE & ~E~qSON ENGR~RS-.ARCP~ECTS.PL~EI~S, I]qC. BOAT CLUB PARK NAVIGATION CHANNEL ':.~' PALM.BEACH COUNTY FLORIDA APPLIOAN'D: CITY OF BOYNTON BEACH D~IGN~ DP, AWN I~W t~:;KED JOB NO. JKS RAD 91156 FILE NO. DPckW~ NG NO. SH~'T 3 o~ 3 Attachment B Page 25 of 25 Pages Easement No. 28956