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1 LJ Jcu ouw Governor Department of Environmental Protection southeast District 12 Zfl03 400 N. Congress Ave. Suite 200 David B. Struhs west Palm Beach, Florida 33401 Secretary City of Sunny Isles c/o Christopher Russo 17070 Collins Ave, Suite 250 Sunny Isles, FL 33160 ' Re: File No.: 13- 0220966 -001 File Name: City of Sunny Isles — Atlantic Avenue Bridge Dear Mr. Russo: On September 25, 2003, we received your application which was complete October 20, 2003, for an exemption to perform the following activity: Install a 130 - linear -foot vinyl sheet pile toe wall two feet away from the base of the existing revetment. A steel reinforcing cage will be placed between the toe wall and the existing revetment and will be filled with concrete to form a seawall footer under the revetment. ' The project is located within what appears to be an artificially created waterway, Class III Waters, adjacent to Collins Avenue at the Atlantic Avenue Bridge, Sunny Isles (Section 33, Township 52 South, Range 43 East) in ' Miami -Dade County. Your application has been reviewed to determine whether it qualifies for any of three kinds of authorization that may be necessary for works in wetlands or waters of the United States. The kinds of authorization are (1) regulatory ' authorization, (2) proprietary authorization (related to state -owned submerged lands), and (3) federal authorization (State Programmatic General Permit). The authority for review and the outcomes of the reviews are listed below. Please read each section carefully. Your project may not have qualified for all three forms of authorization. If your project did not qualify for one or more of the authorizations, refer to the specific section dealing with that authorization for advice on how to obtain it 1. Regulatory Review. — [GRANTED] The Department has reviewed the submitted information and has determined that the project is not expected to cause the release of pollutants in sufficient quantity, quality, content, or character with respect to the circumstances surrounding the location, use, and operation of the project, as to contribute to pollution in contravention of the ' provisions of Chapters 373 and 403, Florida Statutes (F.S.), or Title 62, Florida Administrative Code (F.A.C.). Therefore, based solely upon the documents submitted to the Department, the project has been determined to qualify as an activity that is exempt from the need for an environmental resource permit pursuant to Chapter 373.406(6), ' F.S. This determination is applicable only pursuant to the statutes and rules in effect at the time the information was ' submitted. This determination may not be valid in the event subsequent changes occur in the applicable statutes and rules of the Department. Pursuant to Rule 62 -302, F.A.C., activities that qualify for this exemption must be constructed and operated using appropriate best management practices and in a manner that does not cause water quality violations. ' The determination that your project qualifies as an exempt activity pursuant to Chapter 373.406(6), F.S., may be revoked if the installation is substantially modified, or if the basis for the exemption is determined to be materially "More Protection, Less Process" ' Printed an recycled paper.