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Department of Environmental Protection ' Jeb Bush Southeast District 400 N. Congress Ave. Suite 200 Governor West Palm Beach, Floricla 33401 David B. Struhs ' SEP 18 2003 Secretary City of Sunny Isles Beach c/o Christopher J. Russo 17070 Collins Avenue ' Sunny Isles Beach, FL 33160 Re: File No.: 13- 0198020 -003 File Name: Sunny Isles, City of; Atlantic Avenue Dear Mr. Russo: On August 19, 2003, we received your application for an exemption to replace 130 linear feet of seawall cap and install new deadmen and tiebacks along the same 130 linear feet. The project is located on Dumbfoundling Bay, on the Intracoastal Waterway, Class III Waters, adjacent to the west terminus of Atlantic Avenue, City of Sunny Isles (Section 33, Township 52 South, Range 43 East) in Miami -Dade County (2555'34.06" N, 80 07'46.79" W). 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. 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 the authority to review your project under Part IV of Chapter 373, Florida Statutes (F.S.), Title 62, Florida Administrative Code (F.A.C.), and in accordance with operating agreements executed between the Department and the water management districts, as referenced in Chapter 62 -113, F.A.C. Based on the information you submitted, we have determined that your project is exempt from the need to obtain a DEP Environmental Resource Permit under Rule 40E4.051(4)(b), F.A.C. 2. Proprietary Review (related to state -owned lands). — GRANTED The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) and issues certain authorizations for the use of sovereign submerged lands. The Department has the authority to review your project under Chapters 253 and 258, F.S., Chapters 18 -20 and 18 -21, F.A.C., and Section 62- 343.075, F.A.C. Your project will occur on sovereign submerged land and will require authorization from the Board of Trustees to use pµblic property. As staff to the Board of Trustees, we have reviewed the proposed project and have determined that, as long as it is located within the described boundaries and is consistent with the attached general consent ' conditions, the project qualifies for consent to use sovereign submerged lands. Therefore, pursuant to Chapter 253.77, Florida Statutes, you may consider this letter as authorization from the Board of Trustees to perform the project. ' 3. Federal Review (State Programmatic General Permit). —NOT GRANTED Federal authorization for the proposed project is reviewed by DEP pursuant to an agreement between the Department and the U.S. Army Corps of Engineers (Corps). The agreement is outlined in a document titled Coordination Agreement Between the U.S. Army Corps of Engineers and the Florida Department of Environmental ' "More Protection, Less Process" Printed an recycled paper.