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March 5, 2024 / Page 6 of 13 Bella Vista Park / Project #11723.04 City of Sunny Isles Beach Contract Addendum #2 Bella Vista Park Seawall :116600 -Ai -R2 March 5, 2024 Page 2 of 12 Additionally, through the permitting process with FDEP, it was discovered that the existing dock does not have a Sovereign Submerged Lands (SSL) Lease authorizing use of lands owned by the State of Florida. The dock is located on SSL within the Biscayne Bay Aquatic Preserve (BBAP), which pursuant to Chapter 18-18.006(3)(b), Florida Administrative Code (F.A.C.) there shall be no further use, sale, lease, or transfer of interests in sovereign submerged lands within the Aquatic Preserve unless the applicant affirmatively demonstrates that an extreme hardship exits at the time the application is filed and that the project is clearly in the public interest. Although the FDEP agrees that the Project is clearly in the public interest, they are questioning whether an extreme hardship exists. It was also discovered that the City of Sunny Isles Beach conducted work, including riprap placement, without the required agency authorizations. Placement of unauthorized dprap requires after -the -fact permit authorization or removal for authorization concurrent with securing authorization for the proposed Park improvements. The Project has also evolved to include a higher level of permitting to authorize a second access walkway to the existing timber dock, a security gate on the dock to restrict public access to a portion of the dock, and addition of two boat lifts as depicted in Figure 1. Additionally, coordination with FDEP is necessary to secure a SSL Lease for the existing and proposed structures, as well as coordination with the environmental regulatory agencies to mitigate impacts to the two existing mangroves and to secure authorization for the unauthorized placement of riprap along the shoreline. An updated in -season seagrass survey is also required. Figure 1- Proposed Additions to Existing tock CUMMINSCEQERBERG, INC. I Miami I Fort Lauderdale I Jupiter I Sarasota I St. Petersburg I Tallahassee V Engineering Inspired Design.