DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS

MIAMI REGULATORY OFFICE

9900SOUTHWEST107'' Avenue, SUITE# 203

MIAMI, FLORIDA 33176

REPLY TO ATTENTION OF

Regulatory Division South Pe1mits Branch Miami Permits Section SAJ-l 995-6797(IP-AG)

Atlantic Civil, Inc. (ACI) c/o Steve Torcise, Jr., President 9350 South Dixie Highway, Suite 1250 Miami, FL 33156

Dear Mr. Torcise:

JUL I 8 2013

The U.S. Army Corps of Engineers (Corps) is pleased to enclose the Department of the Army permit, which should be available at the construction site. Work may begin immediately but the Corps must be notified of:

a. The date of commencement of the work,

b. The dates of work suspensions and resumptions of work, if suspended over a week, and

c. The date of final completion.

This information should be mailed to the Special Projects and Enforcement Branch of the Regulatory Division of the Jacksonville Dist1ict at 9900 SW 1071

h Avenue, Miami, Florida. The Special Projects and Enforcement Branch is also responsible for inspections to determine whether Pe1mittees have strictly adhered to permit conditions.

IT IS NOT LAWFUL TO DEVIATE FROM THE APPROVED PLANS ENCLOSED.

Sincerely,

\ ' ~ \ .: ' •'\ i

' XAJ'JY\\t"0!J' ·~· Do~~ld v) Kinard

Chief, Regulatory Division

Enclosures: Executed DA permit Project Plans dated June 18, 2012 Permit attachments A-F

Copies Furnished (w/o encls): EAS Engineering, Inc. (ESwakon1iileas-eng.com) Miami-Dade RER (GarciMr(dJ,miamidade.gov) EPA (Miedema.Ron(<'(lepamail.epa.gov) FDEP (Dennis.Tyus~v.dep.state.fl.us) USFWS (Winston Hobgood@fws.gov)

DEPARTMENT OF THE ARMY PERMIT

Permittee: Atlantic Civil, Inc. (ACI) c/o Steve Torcise, Jr., President 9350 South Dixie Highway, Suite 1250 Miami, FL 33156

Permit No: SAJ-1995-6797(IP-AG)

Issuing Office: U.S. Army Engineer District Jacksonville

NOTE: The tenn "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the pennitted activity or the appropriate official of that office acting under the authority of the commanding officer.

You are authorized to perform work in accordance with the terms and conditions specified below.

Project Description: The project is to expand the existing, non-jurisdictional 71.2-acre quarry on the property. The permittee will construct a 565.4 -acre quarry by excavating and berming an additional 494.2 acres over a twenty (20) year period at a proposed mining rate of approximately 10-20 acres per year. The quarry design includes the placement of fill to create a 31.5 foot wide perimeter berm with a 3: 1 horizontal to vertical slope around the entire project site to retain all storm water runoff. It will also include several 26-foot wide berms with a 3: 1 horizontal to vertical slope between quarry lakes. The quarry shall be excavated to a maximum depth of -67.2 feet National Geodetic Vertical Datum (NGVD). Part of the excavation shall occur in 238.4 acres of previously identified jurisdictional wetlands that had been filled for a!,'ficulture under the previously issued pennit. The excavation will also eliminate 176.5 acres of existing wetlands and surface waters. This area is made up of 158.3 acres of wet farm fields planted in row crops (primarily com), a 16.7 acre area of exotic-dominated wetlands, and a 1.5 acre canal along the northern perimeter of the property. The work described above is to be completed in accordance with the 5 pages of drawings and 4 attachments affixed at the end of this permit instrument.

Proiect Location: The project is located in freshwater wetlands south of Southwest 3601h St.

and east of U.S. 1 and Card Sound Road, in Section 28, 29, 32, and 33, Township 57 South, and Range 39 East, Florida City, Florida.

Directions to site: From Florida's Turnpike heading south, exit at US-1/S Dixie Highway/NE I st A venue. Continue south on US- I IS Dixie Highway until Southwest 344th Street. Make a left (east) on to Southwest 344th Street and proceed easterly approximately I mile, head south along theoretical Southwest 167th Avenue. The subject property will be to the south of Southwest 360th Street, east of Southwest 167 Avenue.

PERMIT NUMBER: SAJJ 995-6797 PERMITTEE: Atlantic Civil, Inc. (AC!) PAGE 2of16

Approximate Central Coordinates:

Permit Conditions

General Conditions:

Latitude: 25.426767 North Longitude: -80.445067 West

1. The time limit for completing the work authorized ends on July 18, 2033. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.

2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warTant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

4. If you sell the property associated with this permit, you must obtain the signature and the mailing address of the new owner in the space provided and forward a copy of the pennit to this office to validate the transfer of this authorization.

5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions.

6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.

PERMIT NUMBER: SAJ1995-6797 PERMITTEE: Atlantic Civil, Inc. (ACI) PAGE 3 of16

Special Conditions:

1. Reporting Addresses: The Permittee shall reference this permit number, SAJ-1995-6797(IP-AG), on all correspondence. Unless specifically notified to the contrary, the Permittee shall use the following addresses for transmitting correspondence to the referenced agencies:

. a) Jacksonville District Corps of Engineers (Corps), Regulatory Division, Enforcement Section, 9900 SW 107'h Avenue, Suite 203 Miami, Florida 33176

b) Regulatory Division, Miami Permits Section 9900 SW 107'h Avenue Suite 203 Miami, Florida 33176

c) U.S. Fish and Wildlife Service South Florida Ecological Services Office

1339 20th Street, Vero Beach, FL 32960

2. Commencement Notification: Within ten (I 0) days from the date of initiating the authorized work, the Permittee shall provide to the Corps a written notification of the date of commencement of work authorized by this pem1it. This condition shall be applicable for each phase of construction.

3. Any proposed changes to the authorized project that deviate from the project description and attached project drawings must be submitted in writing for review and approval by the Corps prior to the commencement of the changes or deviation from the authorized activities.

4. Regulatory Agency Changes: Should any other regulatory agency require changes to the work authorized or obligated by this permit, the Permittee is advised that a modification to this permit instrument is required prior to initiation of those changes. It is the Pennittee's responsibility to request a modification of this permit from the Miami Regulatory Office.

5. As-Builts: Within sixty (60) days of completion of the authorized work associated with each phase of proposed lake excavation (C, D, E, F, G, H) as depicted on Sheet 4 of the project drawings, or at the expiration of the construction window of this pennit, whichever occurs first, the Pennittee shall submit as-built drawings of the authorized work and a completed As-Built Certification Form (attached). The drawings shall be signed and sealed by a registered professional engineer and include the following: (Submittals on 8Yz'' x 11" format).

(a) A plan view drawing of the location of the authorized work footprint with an overlay of the work as constructed in the same scale as the attached permit drawings.

PERMIT NUMBER: SAJ1995-6797 PERMITTEE: Atlantic Civil, Inc. (AC!) PAGE 4of16

(b) List any deviations between the work authorized by this permit and the work as constructed. In the event the completed work deviates, in any manner, from the authorized work, describe on the As-Built Certification Form the deviations between the work authorized by this permit and the work as constructed. Clearly indicate on the as-built drawings any deviations that have been listed. Please note that the depiction and/or description of any deviations on the drawings and/or As-Built Certification Form do not constitute approval of any deviations by the U.S. Army Corps of Engineers.

(c) The Department of the Army Permit number.

( d) Include pre- and post-construction aerial photographs of the project site, if available.

6. The permittee shall provide the Corps with copies of all extraction depth reports as referenced in FDEP special condition #49.

The permittee shall comply with the specific conditions included in the Florida Department of Environmental Protection Environmental Resource Permit Number 0226005-002 (Attachment B)

ENDANGERED SPECIES CONDITIONS

7. This Corps permit does not authorize the Permittee to take an endangered species, in particular the Florida panther (Puma concolor coryi). In order to legally take a listed species, the Permittee must have separate authorization under the Endangered Species Act (ESA) (e.g., an ESA Section 10 permit, or a BO under ESA Section 7, with "incidental take" provisions with which the Pennittee must comply). The enclosed US Fish and Wildlife Service (FWS) Biological Opinion (BO) dated 7 February 2012 and amended on 29 March 2012 (Attachment A) contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" that is also specified in the BO. Authorization under this Corps permit is conditional upon compliance with all of the mandatory tenns and conditions associated with incidental take of the attached BO, which tenns and conditions are incorporated by reference in this permit. Failure to comply with the terms and conditions associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized take, and would also constitute non-compliance with this Corps permit. The FWS is the appropriate authority to determine compliance with the terms and conditions of its BO, and with the ESA.

8. Eastern Indigo Snake Protection Measures: The Permittee shall comply with U.S. Fish and Wildlife Service's "Standard Protection Measures for the Eastern Indigo Snake" dated February 12, 2004 and provided in Attachment D of this permit."

PERMIT NUMBER: SAJ1995-6797 PERMITTEE: Atlantic Civil, Inc. (AC!) PAGE 5 of16

AVOIDANCE AND MINIMIZATION CONDITIONS

9. Prior to the initiation of any work authorized by this permit, the Permittee shall install erosion control measures along the perimeter of all work areas to prevent the displacement of fill material outside the work area. Immediately after completion of the final grading of the land surface, all slopes, land surfaces, and filled areas shall be stabilized using sod, degradable mats, barriers, or a combination of similar stabilizing materials to prevent erosion. The erosion control measures shall remain in place and be maintained until all authorized work has been completed and the site has been stabilized.

10. The Permittee shall use only clean fill material for this project. The fill material shall be free from items such as trash, debris, automotive parts, asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance, in toxic amounts in accordance with Section 307 of the Clean Water Act.

11. The applicant shall substitute mineral oil for diesel as the emulsion for blasting which should further reduce the potential for contamination and will continuously monitor the explosives industry for more environmentally friendly blasting processes. Best management practices will be used to properly handle equipment lubricants or oils at the project site.

12. Placement of fill outside of the authorized fill template will be considered noncompliance with the DA permit and may subject to the Pennittee to enforcement action. If placement occurs outside of the pennitted template in any area, operations within the affected areas will cease. The Corps will be notified within 24 hours of the placement and corrective action will be undertaken in consultation with the regulatory authorities. Corrective action may include direct removal of placed material, additional monitoring of the resources or any additional prudent measures requested by the regulatory agencies.

13. Expansion of the extraction area(s) beyond the limits identified on Sheet 4 of the project drawings is not authorized. Excavation outside of the authorized footprint will be considered non-compliance with the DA permit and may subject to the Permittee to enforcement action. Furthennore, the depth of mining and excavation for the proposed project shall not exceed (-) 67.2 feet NGVD for all phases of mining. This depth is an absolute limit and does not authorize any additional overdredge.

MITIGATION CONDITIONS

14. Compensatory Mitigation: Due to the phasing of the projects impacts from the proposed mining operation, which will span a timeframe of approximately 20 years, the impacts associated with the project will not occur all at once. Therefore, in accordance with the approved compensatory mitigation plan dated 22 May 2013 (Attachment C), the Corps has accepted a phased mitigation schedule that shall ensure that there is no significant time lag between wetland

PERMIT NUMBER: SAJ1995-6797 PERMITTEE: Atlantic Civil, Inc. (ACI) PAGE 6 ofl6

impacts and completion of the mitigation. At the end of each year, the applicant shall calculate the functional wetland loss (using WRAP) for areas impacted the previous year. Mitigation shall be calculated to provide an equivalent WRAP uplift.

This phasing system shall require annual accounting for all fill and excavation completed during the preceding year, along with the proposed location and the equivalent uplift in mitigation proposed for the following year. Annual accounting reports will be submitted to the regulatory agencies no later than January 31st of each year for the duration of the project. Attachment C includes an estimated schedule of impacts/mitigation phasing for the project.

Onsite Mitigation: The proposed mitigation shall consist of the enhancement and restoration of 521 acres of existing, disturbed wetlands by removing exotic and nuisance vegetation from the mitigation sites and lowering the elevation in the identified portions of the mitigation area to an elevation ranging from +2.3 to +2.5 feet NGVD to improve the hydrology.

Another objective is the removal of approximately 1.8 miles of existing roads within the mitigation areas to reduce habitat fragmentation, remove impediments to sheet flow and to discourage illegal activity such as hunting, dumping of trash and trespassing by ATV's in the mitigation areas.

It is expected that a mosaic of different plant associations shall result, offering some structural diversity. At least four distinct cover types are expected to result:

a. Open prairie should result in the areas now categorized as Prairie. These are the only areas that we expect to be dominated by grasses and sedges. The prairie areas are cunently dominated by Sawgrass and various species of Rhynchospora. Cattail stands will be treated with herbicides.

b. A scrub/shrub community is expected to result in areas categorized as Prairie with Australian Pine after the Australian Pines are eradicated. The snags shall be left as perches for birds, and there will be no heavy equipment used in these areas. Only selective clearing will occur. The existing understory in these areas is dominated by wetland vegetation, including Sawgrass, Cocoplum and Leather Fem, with some facultative vegetation, including Wax Myrtle, Trema and Poisonwood.

c. Areas dominated by Brazilian Pepper and/or Ardisia shall be completely cleared and re-graded to an elevation ranging from +2.3 to +2.5 feet NGVD. These re­graded areas are expected to become re-vegetated with a mix of aquatic wetland species. Recent monitoring of mitigation parcels directly adjacent indicates these areas are now dominated by Sawgrass, Eleocharis, Rhynchospora, Juncus, Sagittaria and Panicum.

PERMIT NUMBER: SAJ 1995-6797 PERMITTEE: Atlantic Civil, Inc. (ACI) PAGE 7 ofl6

d. Open water shall include existing ditches and deeper areas that shall have little or no wetland vegetation, but shall provide refuge for fish and aquatic invertebrates during dry pe1iods. These deeper areas are not part of the design. They are usually only 12" to 18" deeper than the target elevation (except for ditches) and result from ruts left by heavy equipment and slight over-excavation. It is required that no more than 10% of the scraped areas shall result in this cover type.

15. To meet the objectives of the approved compensatory mitigation plan, the Permittee shall achieve the following pe1formance standards:

Based on the results of three years of monitoring complete by the applicant at the existing ongoing mitigation areas directly abutting these new proposed mitigation parcels, the following cover targets are proposed as a means to document the mitigation is trending toward success.

EndofYear 1 30% cover by native wetland species <5% cover by exotic and nuisance vegetation

EndofYear2 50% cover by native wetland species <5% cover by exotic and nuisance vegetation

End of Year 3 80% cover by native wetland species <5% cover by exotic and nuisance vegetation

While used routinely in the past, percent cover does not take diversity into account, much less other factors such as patchiness, hydrology, wildlife utilization, groundwater recharge, etc. Monitoring data will continue to be submitted, but it will used only to determine that mitigation is trending toward success. Annual WRAP assessments shall be provided by the applicant and shall be the overriding success criteria for determining permit compliance. In addition, annual Adaptive Management Team inspections may be conducted to document progress. The appropriate WRAP score for each cover type shall be as follows in order to be deemed successful:

Cover Type AP BP (6 month hydroperiod) BP (12 month hydroperiod) p

WRAP Score for Success Crite1ion 0.76 0.70 0.66 0.76

Success determinations will be made at the end of the rainy season, in mid-October of each year. WRAP assessments will be submitted with the October monitoring repmi each year.

PERMIT NUMBER: SAJ 1995-6797 PERMITTEE: Atlantic Civil, Inc. (ACI) PAGE 8 of16

Should the success criteria be achieved after three years, monitoring will be reduced to an annual schedule for years 4 and 5. Should the success criteria not be achieved, the adaptive management approach will provide the applicant with early warning and remedial action will be taken immediately. Remedial actions could include methods such as increased herbicide applications, controlled burning, mowing, plowing or planting.

The Permittee shall achieve the above performance standards by the end of the 5-year monitoring period, with no maintenance during the 5th year of monitoring. In the event that the above performance standards have not been achieved, the Permittee shall undertake a remediation program approved by the Corps in accordance with the Remediation Special Condition of this permit.

16. Monitoring and Reporting Timeframes: To show compliance with the performance standards the Permittee shall complete the following:

a. Perform a time-zero monitoring event of the wetland mitigation area(s) within 60 days of completion of the compensatory mitigation objectives identified in the Compensatory Mitigation Special Condition of this permit.

b. Submit the time-zero report to the Corps within 60 days of completion of the monitoring event. The report will include at least one paragraph depicting baseline conditions of the mitigation site(s) prior to initiation of the compensatory mitigation objectives and a detailed plan view drawing of all created, enhanced and/or restored mitigation areas.

c. Subsequent to completion of the compensatory mitigation objectives, perform semi-annual monitoring of the wetland mitigation areas for the first 3 years and annual monitoring thereafter for a total of no less than 5 years of monitoring.

d. Submit annual monitoring reports to the Corps within 60 days of completion of the monitoring event. Semi-annual monitoring will be combined into one annual monitoring report.

e. Monitor the mitigation area(s) and submit annual monitoring reports to the Corps until released in accordance with the Mitigation Release Special Condition of this permit.

17. Reporting Format: Annual monit01ing reports shall follow a 10-page maximum report format for assessing compensatory mitigation sites. The Permittee shall submit all documentation to the Corps on 8Yz-inch by 11-inch paper, and include the following:

a. Project Overview (1 Page):

(1) Department of the Army Permit Number

PERMIT NUMBER: SAJ 1995-6797 PERMITTEE: Atlantic Civil, Inc. (ACI) PAGE 9 of16

(2) Name and contact information of Permittee and consultant

(3) Name of party responsible for conducting the monitoring and the date(s) the inspection was conducted

( 4) A brief paragraph describing the purpose of the approved project, acreage and type of aquatic resources impacted, and mitigation acreage and type of aquatic resources authorized to compensate for the aquatic impacts.

(5) Written description of the location, any identifiable landmarks of the compensatory mitigation project including information to locate the site perimeter(s), and coordinates of the mitigation site (expressed as latitude, longitudes, UTMs, state plane coordinate system, etc.).

(6) Dates compensatory mitigation commenced and/or was completed

(7) Short statement on whether the performance standards are being met

(8) Dates of any recent corrective or maintenance activities conducted since the previous report submission

(9) Specific recommendations for any additional corrective or remedial actions.

b. Requirements (1 page): List the monitoring requirements and performance standards, as specified in the approved mitigation plan and special conditions of this permit, and evaluate whether the compensatory mitigation project site is successfully achieving the approved performance standards or trending towards success. A table is a recommended option for comparing the performance standards to the conditions and status of the developing mitigation site.

c. Summary Data (maximum of 4 pages): Summary data should be provided to substantiate the success and/or potential challenges associated with the compensatory mitigation project Photo documentation may be provided to support the findings and recommendations referenced in the monitoring report and to assist the PM in assessing whether the compensatory mitigation project is meeting applicable performance standards for that monitoring period. Submitted photos should be formatted to print on a standard 8 W' x 11" piece of paper, dated, and clearly labeled with the direction from which the photo was taken. The photo location points should also be identified on the appropriate maps.

d. Maps and Plans (maximum of3 pages): Maps shall be provided to show the location of the compensatory mitigation site relative to other landscape features, habitat types, locations of photographic reference points, transects, sampling data points, and/or other features pertinent to the mitigation plan. In addition, the submitted maps and plans should clearly delineate the mitigation site perimeter(s). Each map or diagram should be fonnatted to print on a standard 8

PERMIT NUMBER: SAJ1995-6797 PERMITTEE: Atlantic Civil, Inc. (ACI) PAGE10ofl6

W' x 11" piece of paper and include a legend and the location of any photos submitted for review. As-built plans may be included.

e. Conclusions (1 page): A general statement shall be included that describes the conditions of the compensatory mitigation project. If performance standards are not being met, a brief explanation of the difficulties and potential remedial actions proposed by the Permittee or sponsor, including a timetable, shall be provided. The District Commander will ultimately detennine ifthe mitigation site is successful for a given monitoring pe1iod.

18. Remediation: If the compensatory mitigation fails to meet the performance standards 5 years after completion of the compensatory mitigation objectives for each scheduled phase, the compensatory mitigation will be deemed unsuccessful. Within 60 days of notification by the Corps that the compensatory mitigation is unsuccessful, the Permittee shall submit to the Corps an alternate compensatory mitigation proposal sufficient to create the functional lift required under this permit. The alternate compensatory mitigation proposal may be required to include additional mitigation to compensate for the temporal loss of wetland function associated with the unsuccessful compensatory mitigation activities. The Corps reserves the right to fully evaluate, amend, and approve or reject the alternate compensatory mitigation proposal. Within 120 days of Corps approval, the Permittee will complete the alternate compensatory mitigation proposal.

19. Perpetual Conservation: The Permittee shall maintain the areas referenced in the Compensatory Mitigation Special Condition in their natural state in perpetuity. The Permittee agrees that the only future utilization of these areas will be as a purely natural area and the following uses and/or activities will be prohibited except as required or authorized by this permit:

a. Construction or placing buildings, roads, signs, billboards or other advertising, utilities or other structures on or above the ground. Elevated boardwalks, hiking trails and camping areas will he permitted as long as they do not involve any of the other prohibited uses listed below:

b. Dumping or placing soil or other substance or mate1ial as landfill or dumping or placing of trash, waste or unsightly or offensive material.

c. Removal or destruction of trees, shrubs, or other vegetation. d. Excavation, dredging or removal of loam, peat, gravel, soil, rock, or other material

substance in such a manner as to affect the surface. e. Surface use, except for purposes that permit the land or water area to remain predominantly

in its natural condition. f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil

conservation, or fish and wildlife habitat preservation. g. Acts or uses dellimental to such retention of land or water areas. h. Acts or uses detrimental to the preservation of the structural integrity or the physical

appearance of sites or properties of historical, architectural, or cultural significance

PERMIT NUMBER: SAJ1995-6797 PERMITTEE: Atlantic Civil, Inc. (ACI) PAGE 11 ofl6

20. Mitigation Release: The Permittee's responsibility to complete the required compensatory mitigation, as set forth in the Compensatory Mitigation Special Condition of this permit will not be considered fulfilled until mitigation success has been demonstrated and written verification has been provided by the Corps. A mitigation area which has been released will require no further monitoring or reporting by the Pennittee; however the Permittee, Successors and subsequent Transferees remain perpetually responsible to ensure that the mitigation area(s) remain in a condition appropriate to offset the authorized impacts in accordance with General Condition 2 of this permit.

21. Conservation Easement: Within 6 months of pennit issuance, the permittee shall protect the proposed 521 acres of mitigation associated with this authorization in perpetuity with either a modified conservation easement provided by the permittee in favor of Miami-Dade County, which includes the U.S. Army Corps of Engineers as a third party beneficiary, or a new conservation easement with FDEP and the Corps as a third party beneficiary. Said new or modified conservation easement shall include all 521 acres of mitigation associated with this authorization, which is a portion of the 1,552 acres of wetlands under the existing conservation easement as identified and recorded in the Miami-Dade County, Official Record (OR) Book 22502, pages 1155 through 1166. These natural preserve areas will not be disturbed by any dredging, filling, land clearing, agricultural activities, planting, or other construction work whatsoever except as required or authorized by this permit and shall ensure that all mitigation areas are maintained free from exotics in perpetuity. The Permittee agrees that the only future utilization of the preserved areas in question will be as a purely natural area. Any deviation from the established conservation easement cannot be performed without a modification to this permit instrnment. The ability to modify or remove this conservation easement is neither implied nor guaranteed. If the conservation easement is removed for any reason, the Permittee shall provide appropriate mitigation to compensate for functional wetland loss. The modified or new conservation easement shall include the following language:

The Corps, as a third party beneficiary, shall have the right to enforce the terms and conditions of the site protection instrument, including:

a. The right to take action to preserve and protect the environmental value of the Property;

b. The right to prevent any activity on or use of the Property that is inconsistent with the purpose of this Conservation Easement, and to require the restoration of areas or features of the Property that may be damaged by any inconsistent activity or use;

c. The right to enter upon and inspect the Property in a reasonable manner and at reasonable times to determine !f Grantor or its successors and assigns are complying with the covenants and prohibitions contained in this Conservation Easement; and

PERMIT NUMBER: SAJ 1995-6797 PERMITTEE: Atlantic Civil, Inc. (ACI) PAGE12of16

d. The right to enforce this Conservation Easement by injunction or proceed at law or in equity to enforce the provisions of this Conservation Easement and the covenants set forth herein, to prevent the occurrence of any of the prohibited activities hereinafter set forth, and the right to require Grantor to restore such areas or.features of the Property that may be damaged by any inconsistent activity or use. The Grantee and the Corps each will coordinate with the other prior to taking any enforcement action.

e. The Grantor, its successors or assigns shall provide the Corps at least 60 days advance notice in writing before any action is taken to modifj;, amend, release, or revoke this instrument.

22. The Permittee shall ensure that all contractors, sub-contractors, and entities associated with the implementation of the project review, understand, and comply with the approved plans and special conditions made part of this permit. The Permittee shall infonn all parties associated with the activity of the construction area boundaries, and the location of adjacent submerged aquatic resources (SAR) to be avoided. Complete copies of the permit and approved plans shall be available at the construction site at all times. Failure to comply with the approved plans and permit special conditions may subject the Permittee to enforcement action.

23. Cultural Resources/Historic Properties: If, during the initial ground disturbing activities and construction work, there are archaeological/cultural materials unearthed (which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the permittee shall immediately stop all work in the vicinity and notify the State Archaeologist and the Corps Regulatory Project Manager to assess the significance of the discovery and devise appropriate actions, inclnding salvage operations. Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7.

In the unlikely event that human remains are identified, they will be treated in accordance with Florida State Regulation 872.05; all work in the vicinity shall immediately cease and the State Archaeologist, Corps Regulatory Project Manager, and local authorities shall immediately be notified. Such activity shall not resume unless specifically authorized by the State Archaeologist and the Corps.

24.The permittee shall comply with the specific conditions included in the Florida Department of Environmental Protection Environmental Resource Permit Number 0226005-002. (Attachment B)

PERMIT NUMBER: SAJ1995-6797 PERMITTEE: Atlantic Civil, Inc. (ACI) PAGE 13 of16

Further Information:

1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:

( ) Section 10 of the Rivers and Harbors Act of 1899 (33 u.s.c. 403).

(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).

()Section 103 of the Marine Protection, Research and Sanctuaries Act of1972 (33 U.S.C. 1413).

2. Limits of this authorization.

a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law.

b. This permit does not grant any property rights or exclusive privileges.

c. This permit does not authorize any injury to the property or rights of others.

d. This permit does not authorize interference with any existing or proposed Federal projects.

3. Limits of Federal Liability. Jn issuing this permit, the Federal Government does not assume any liability for the following:

a. Damages to the pennitted project or uses thereof as a result of other pennitted or unpermitted activities or from natural causes.

b. Damages to the pennitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest.

c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit.

d. Design or construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this permit.

PERMIT NUMBER: SAJ1995-6797 PERMITTEE: Atlantic Civil, Inc. (ACI) PAGEl4of16

4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided.

5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:

a. You fail to comply with the terms and conditions of this permit.

b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above).

c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.

Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CPR 325.7 or enforcement procedures such as those contained in 33 CPR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation oflegal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CPR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.

6. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.

PERMIT NUMBER: SAJI 995-6797 PERMITTEE: Atlantic Civil, Inc. (ACI) PAGE 15 of16

Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.

. I (DATE)

(PERMITTEE NAME-PRINTED) This permit becomes effective when the Federal official, designated to act for the Secretary of thj< Army, has signed below.

(DIST JCT ENGINEER) Alan M. Dodd, Colonel, U.S. Army District Commander

(DATE)

When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its tenns and conditions, have the transferee sign and date below.

(TRANSFEREE-SIGNATURE) (DATE)

(NAME-PRINTED)

(ADDRESS)

(CITY, STATE, AND ZIP CODE)

PERMIT NUMBER: SAJ1995-6797 PERMITTEE: Atlantic Civil, Inc. (ACI) PAGE 16 of16

Attachments to Department of the Army Permit Number SAJ-1995-6797

1. BIOLOGICAL OPIONION (Attachment A): 90 pages issued 7 February 2012 and amended on 29 March 2012(email) and 28 March 2013.

2. WATER QUALITY CERTIFICATION (Attachment B): Specific Conditions of the water quality permit/certification in accordance with General Condition number 5 on page 2 of this DA permit. 41 pages issued on 9 May 2011.

3. MITIGATION, MONITORING and MAINTENCE PLAN (Attachment C): 49 pages dated 22 May 2013

4. EASTERN INDIGO SNAKE CONDITIONS (Attachment D): 1 page, Standard Protection Measures for Eastern Indigo Snake

5. PERMIT DRAWINGS (Attachment E): 5 pages, date stamped by the Corps of Engineers on 18 June 2013

6. PRELIMINARY JURISDICTIONAL FORM (Attachment F): 12 pages dated 22 July 2010

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EAS ENGINEERING, INC. 55 ALMERIA AVENUE CORAL CABLES 38134 (305)445·-5558

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fPL EASEMENT

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~ MITIGATION FOR EXPIRED PERMIT 1995-6797 (6'14 AC.)

MIT!GA110N FOR THIS PROJECT (521 ACJ

~ BAL4NCE OF CONSERVATION EASEMENT

TOTAL

(417 AC.)

(1,552 AC.)

SECTION LINES

@ 0 ''" ''' 2500 '''' '' 5000

COUNTY OF MIAMI-DADE APPL/CA !ION BY.· ATLANTIC CIVIL, INC 9350 5 DIXIE HWY, SUITE 1250 MIAMI, FLORIDA 33156 SHEET 2 DATE: 01/21/09

GRAPHIC SCALE (IN FEET)

STA TE OF FLORIDA

SECTION: 28, 32&33 TOWNSHIP: 57 RANGE: 39

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SW 352 STREET

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PURPOSE: EXISTING CONDITIONS DATUM: N/A

EAS ENGINEERING, INC. 55 ALMERIA AVENUE CORAL GABLES 33134 (305)445-5653

j:::::::::::\:J UNFILLED AREA 176.5 AC.

~ NOT PART OF THIS APPLICATION 74.3 AC.

TOTAL 565.4 AC.

SECTION LINES

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COUNTY OF MIAMI-DADE APPLICATION B'r' A TlANTIC CIVIL, INC. 9350 S. DIXIE !-!WY, SUITE 1250 MIAMI, FLORIDA 33156 SHEET 3 DATE: 01/21/09

GRAPHIC SCALE (IN !FEET

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SEC770N: 28, 32&33

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PURPOSE: PROPOSED SI TE PLAN DATUM: N/A

EAS ENGINEERING, INC. 55 AEMERIA AVENUE CORAL CABLES 83134 (805)445-5553

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FPL EASEMENT 18.8

TOTAi 565A

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COUNTY OF MIAMI-DADE APPL/CA ilON BY.· ATLANTIC CIWL, INC 9350 S: DIXIE HWY, SlJITE 1250 MIAMI, FLORIDA 33156 SHEET 4 DA TE: 01 /21 /09

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~ PREVIOUSLY FlLLED

SECTION B·B PROPOSED PERIMETER BERM

SCALE: 1" = 20'

PURPOSE: SECTIONS DATUM: N/A

EAS ENGINEERING, INC. 55 ALMERIA AVEJ.,'UE CORAL CABLES 33134 (305)445-5553

BERM --26.1' 11~·~·--r----26.~-------.

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COUNTY OF MIAMI-DADE APPL/CA 770N BY.· A TLAN 77C CIVIL, INC. 9350 S. DIX/£ HWY, SUITE 1250 MIAMI, FLORIDA 33156 SHEET 5 DA TE: 01 /21 /09

STATE OF FLORIDA

SEC170N: 28,32&33 TOWNSHIP: 57 RANGE: 39