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Class I Coastal Constr. Permit MIAMI-DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT NATURAL RESOURCES DIVISION AGREEMENT FOR CLASS I COASTAL CONSTRUCTION PERMIT CITY OF MIAMI BEACH PUBLIC WORKS DEPARTMENT NEW BATTERPILES and SEAWALL CAP Suite No. 400 33 S.W. 2 Avenue Miami. Florida 33130 (305) 372-6575 PERMIT NO. CC98-480 DATE ISSUED: EXPIRATION DATE: JRR AGREEMENT FOR COASTAL CONSTRUCTION MIAMI-DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) NA TURAL RESOURCES DIVISION This agreement, between the Permittee and Contractor named herein and Mianli-Dade County DERM, is made for the purpose of accomplishing the work described herein as further described by approved drawings. 1. Pro Dosed work, construction, or use: Installation of seven (7) batterpiles ami construction of 66 linear feet of new seawall cap. All work shall be performed in accordance with the plans entitled "Seawall Repair"; prepared by Alan J. Davis, P.E.; signed and sealed on September 14, 1998; approved by this Department, and in accordance with the conditions on sheets 2A through 2B. 2. Location: Waterway: Right-of-Way between. 836 and 845 E. Dilido Dr. Miami Beach, Florida Biscayne Bay 3. Name. Address and Phone of Permittee: Contractor: (Must be Licensed by Miami-Dade County) Julio G. de Peralta, Director City of Miami Beach Public Works Department 1700 convention Center Dr. Miami Beach, FL 33139 (305) 673-7490 Dock and Marine Construction 752 NE 79th Street Miami, Florida 33138 (305) 751-9911 4. DERM Proiect Manal!er: J ames Robinson Sheet 2 SPECIFIC CONDITIONS 1. The permittee is hereby advised that under Florida law, no person shall commence any excavation. filling, construction, or other activity involvipg 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 Cocle. 2. DERM shall be notified a minimum of forty-eight (48) hours prior to the commencement of construction (305) 372-6575, unless otherwise noted. 3. Turbidity controls (such as, but not limited to, turbidity curtains) shall be implemented whenever visible plumes are present to ensure compliance with Dade County water quality standards as stipulated in Chapter 24-11 (3). of the Cocle of Metropolitan 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. Failure to deploy and maintain the turbidity curtain or other turbidity mechanism in the most effective manner possible may result in the issuance of a Unifornl Civil Violation Notice (UCVN) which carries a mandatory fine, ancl/or revocation of all or a portion of the performance bond. in addition to a requirement to correct the violation. 4. Turbidity may not exceed twenty-nine (29) Nephelometric Turbidity Units (NTU's) above background beyond fifty (50) feet form the point of discharge. Turbidity levels shall be monitored continuously when turbidity plumes are visible beyond a fifty (50) foot radius of the point of discharge. If the turbidity levels exceed twenty-nine (29) NTU's above background beyond fifty (50) feet from the point of discharge, all construction shall be halted and turbidity controls implemented. This project shall not be resumed until the contractor has implemented additional turbidity control methocls and has received authorization from DERM to commence work. At DERM's discretion, turbidity samples may be required and shall be collected in accordance with Section 24-ll(5)(c) or as specified by DERM and the results sent directly to the DERM Project Manager on a weekly basis. 5. 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 "No WakelIdIe Speed" at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. Additionally, all vessels will follow routes of deep water whenever possible. All construction activities in open water shall cease upon the sighting of a manatee(s) within fifty (50) feet of the project area and will not resume until the manatee(s) has departed the project area. Any collision with ancl/or injury to a manatee shall be reported inunediately to the "Manatee Hotline" (l-800-DIAL- FMP), the U.S. Fish and Wildlife Service, Jacksonville Field Office (904) 791-2580, and DERM (305) 372-6864. Sheet 2A 6. The contractor shall take all necessary precautions to prevent construction debris from falling into the water or adjacent wetlands. Any debris which does fall into the water and/or wetlands shall be removed immediately. . 7. In order to prevent positive drainage of stormwater into the waterway, the new seawall cap shall be a minimum of six (6) inches above the final grade. and all uplands adjacent to the new seawall cap should be graded away from the waterway. Proper on-site disposal of stormwater shall be provided. 8. The new seawall cap shall not extend greater than eighteen (18) inches for the f:lce of the existing sea wall. 9. Because this permit only authorizes the installation of batterpiles. the construction of a new seawall cap. additional work in, on. over or upon tidal waters or coastal wetlands at the properry shall require additional Class I approval. 10. Any deviation from the approved plans for this project shall be submitted in writing to. and approved by DERM prior to the commencement of this project. 11. A copy of this permit must be kept on-site during all phases of this project. 12. The time allotted to complete the work for which this permit has been issued shall be limited to the period stipulated on the pemlit unless the permittee requests an extension of time from the Depanmem in writing at least tlurry (30) days prior to the date of permit expiration. Applications for extensions of time which are not timely filed pursuant to Section 24- 58.9(B)(2). Code of Metropolitan Dade County will be returned to the applicant. I HAVE READ ALL THE AFOREMENTIONED "SPECIFIC CONDITIONS" LISTED ABOVE ON SHEETS 2A AND 2B AND FULL Y UNDERSTAND THEM. I AGREE TO FULLY COMPLY WITH ALL CONDITIONS OF THIS PERMIT. I UNDERSTAND AND ACKNOWLEDGE THAT FAILURE TO COMPLY WITH ALL CONDITIONS OF THIS PERMIT MAY RESULT IN BOND FORFEITURE, PERMIT REVOCATION, FINES, AND/OR THE FILING OF AN ENFORCEMENT ACTION AGAINST ME BY DERM. I HEREBY ACKNOWLEDGE THAT I AM FULLY RESPONSIBLE FOR THE IMPLEMENTATION OF ALL WORK AUTHORIZED UNDER THIS PERMIT AGREEMENT AND AGREE TO TAKE FULL RESPONSIBILITY FOR ENSURING ADHERENCE TO ALL CONDITIONS, LIMITATIONS AND RESTRICTIONS CONTAINED IN THIS PERMIT AGREEMENT. I FURTHER AGREE TO ASSUME FULL RESPONSIBILITY FOR THE ACTIONS OF ALL MY EMPLOYEES, AGENTS AND PERSONS UNDER DIRECT OR INDIRECT CONTRACTUAL OBLIGA TION TO ME WITH RESPECT TO THE WORK AUTHORIZED HEREIN. I FURTHER AGREE TO ENSURE THAT ALL SUCH EMPLOYEES, AGENTS, AND PERSONS SHALL ABIDE BY ALL CONDITIONS, LIMITATIONS AND RESTRICTIONS CONTAINED IN THIS PERMIT. Signed: Date: PERMITTEE Sheet 2B S. Aooroximate Costs: Item Estimated Cost Bond Amount Cost of Construction $8,500.00 N/A 6. Total Amount of Performance Bond ReQuired: 7. Pre-Work Conference: At the discretion of the Director, a pre-work conference may be held prior to the commencement of any work under this Permit between the Permittee, the Contractor and Engineer, and representative(s) of DERM together with any property owners or other persons whose interests may be affected by the work. 8. As-Built Plans (may be required by DERM within thirty (30) days of completion of the project). 9. A!!encies other than DERM from which aooroval may be necessary (as checked): 1. South Florida Water Management District 2. Miami-Dade County Public Works Department for use of explosives 3. Miami-Dade County Department of Planning, Development & Regulation 4. _X_ State of Florida Department of Environmental Protection 5. _X_ U. S. Army Corps of Engineers 6. -X_ City of Miami Beach Recommended: IN WITNESS WHEREOF the said MIAMI-DADE COUNTY, FLORIDA has caused this Permit Agreement to be executed in its name by the Director of DERM, and Contractor and Permittee have caused this Pem1it Agreement to be executed in their names. Sheet 3 97 Jjc WHE THE CONTRACTOR IS A CORPORA TIO "C~ :::ary4pJ ~ -:> (AFFIX CORPORATE SEAL) WHEN THE CONTRACTOR IS AN INDIVIDUAL OR PARTNERSHIP: Witnesses Owner SIGN DATE WHEN THE PERMITTEE IS AN INDIVIDUAL: Witnesses Owner SIGN DATE ITTEE IS A CORPORATION: cl-- City Of Miami Beach teet Name of Corpo~o~ CL\LL ;irat6tor of Public Works (AFFIX CORPORATE SEAL) Julio Grave de Peralta, P.E. DATE DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT Issued On: By Director or his Designee THE ISSUANCE OF THIS PERMIT DOES NOT RELIEVE THE PERMITTEE AND/OR CONTRACTOR FROM OBTAINING ALL REQUIRED FEDERAL, STATE AND LOCAL PERMITS. Sheet 4