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Department of Environmental Protection Jeb Bush Governor SEP 17 2003 City of Sunny Isles Beach c/o Christopher J. Russo 17070 Collins Avenue Sunny Isles Beach, FL 33160 Southeast District 400 N. Congress Ave. Suite 200 west Palm Beach, Floritla 33401 Re: File No.: 13- 0198020 -004 File Name: Sunny Isles, City of; 183rd Street Dear Mr. Russo: David B. Scruhs Secretary On August 19, 2003, we received your application for an exemption to replace 200 linear feet of seawall and install new king and batter piles. The project is located on Dumbfoundling Bay, on the Intracoastal Waterway, Class III Waters, adjacent to 183`d Street, City of Sunny Isles (Section 11, Township 52 South, Range 43 East) in Miami - Dade County (25 156'44.13" N, 80 °07'23.31" 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 (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 incorrect, or if the installation results in water quality violations. Any changes made in the construction plans or location of the project may necessitate a permit or certification from the Department. Therefore, you are advised to contact the Department before beginning the project and before beginning any work in waters or wetlands which is not specifically described in your submittal. 2. Proprietary Review.— 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 "More Protection, Less Process" Printed an recycled paper.