Common use of Permit Applications Clause in Contracts

Permit Applications. The AUTHORITY will submit applications for Permits in accordance with Attachment A and Exhibit 1, thereto. STATE WATER BOARD will review all permit applications and respond with comments in writing within thirty (30) days to inform the AUTHORITY whether or not the application is complete and whether or not a permit is needed. If the STATE WATER BOARD determines that additional information is needed, it shall notify the AUTHORITY within the same thirty (30) days. The STATE WATER BOARD will provide a full and complete list of any deficiencies and additional information needed to support permitting decisions with its initial review of an application. Later requests for supplemental information may be required, if critical information needs are found to exist after review of the information provided at the request of the STATE WATER BOARD during the 30-day application review period. Such requests by the STATE WATER BOARD shall be made within thirty (30) days after submittal of the supplemental information. The AUTHORITY agrees to provide additional information in response to supplemental requests that stem from such newly identified needs in order for continued consideration of applications by the Water Boards. Delays of over 45 days in submittal of supplemental information by AUTHORITY may affect the STATE WATER BOARD’s ability to complete subsequent process steps. STATE WATER BOARD will review supplemental application material within twenty (20) days of receipt. The STATE WATER BOARD will deem the application complete or seek clarification or added detail if necessary, within the 20-day period. STATE WATER BOARD staff will review any new additional information provided. If staff finds that additional information is still required to support a permitting decision, the AUTHORITY may continue to develop the information needed. The AUTHORITY may also invoke the “Dispute Resolution” provisions provided below. Once an application is determined to be complete by the STATE WATER BOARD, staff will prepare draft Permits and place the matter on the earliest available STATE WATER BOARD meeting agenda or prepare the matter for approval by the Executive Director. This process typically will require up to 65 days for completion. As part of the previous step, when required by Water Code section 13167.5, the STATE WATER BOARD will provide notice and a minimum 30-day opportunity for the public to comment on proposed waste discharge requirements by providing persons and public agencies with a known interest in the project with a copy of the draft waste discharge requirements and/or by posting a draft of the waste discharge requirements on the STATE WATER BOARD’s website. For water quality certifications that do not include the issuance of waste discharge requirements, the STATE WATER BOARD may provide notice and a minimum 21-day opportunity for the public to comment on the application for water quality certification by providing persons and public agencies with a known interest in the Project with a copy of the public notice and/or by posting public notice of the application on the STATE WATER BOARD’s website. The notice and opportunity to comment may include a public hearing. STATE WATER BOARD will consider the comments and may modify the proposed Permit in response to the comments, and will adopt the proposed, or amended Permit within 65 days of the end of the 30-day comment period for waste discharge requirements, or within 65 days of determining that the application is complete for water quality certifications. In any event, the parties acknowledge that, for discharges of dredged or fill material that do not require issuance of a water quality certification, Water Code section 13264 authorizes the AUTHORITY to commence discharge prior to the issuance of waste discharge requirements under specified circumstances. The AUTHORITY and the STATE WATER BOARD’s Project Manager reserve the right to request a change to this MOU’s tasks or schedules for any specific Permit application, which the AUTHORITY shall review within five (5) working days, and may, at the AUTHORITY’S discretion, either approve, deny or request that the STATE WATER BOARD meet and confer regarding the requested change. The Parties agree that a request for change to this MOU shall not extend the schedule for processing of any Permit applications in a manner that jeopardizes timely funding or construction of the Project(s), and any request or change that extends the schedule for processing of any Permit applications must be agreed to and approved by the AUTHORITY. Changes to this MOU or a work plan may relate to the need for new or additional information on the Projects, or by the discovery of additional issues during the course of the analysis. Requested variations to this MOU must be made by providing timely notice of any need to change this MOU, and shall provide a reasonably detailed explanation of reasons for the change(s). The notice provided to change a work plan or to vary from this MOU, shall include, at a minimum, the following:

Permit Applications. The AUTHORITY will project team would prepare and submit applications a Joint Environmental Resources Permit (ERP) application to the DEP and XXX for Permits in accordance with Attachment A state and Exhibit 1, thereto. STATE WATER BOARD will review all permit applications and respond with comments in writing within thirty (30) days to inform the AUTHORITY whether or not the application is complete and whether or not a permit is needed. If the STATE WATER BOARD determines that additional information is needed, it shall notify the AUTHORITY within the same thirty (30) days. The STATE WATER BOARD will provide a full and complete list of any deficiencies and additional information needed to support permitting decisions with its initial review of an application. Later requests for supplemental information may be required, if critical information needs are found to exist after review federal authorization of the information provided at proposed mooring field; the request of the STATE WATER BOARD during the 30-day application review period. Such requests by the STATE WATER BOARD shall permit sketches, submerged lands determination, and technical field survey reports (hydrographic and marine resource reports) discussed above would be made within thirty (30) days after submittal of the supplemental information. The AUTHORITY agrees to provide additional information in response to supplemental requests that stem from such newly identified needs in order for continued consideration of applications by the Water Boards. Delays of over 45 days in submittal of supplemental information by AUTHORITY may affect the STATE WATER BOARD’s ability to complete subsequent process steps. STATE WATER BOARD will review supplemental application material within twenty (20) days of receipt. The STATE WATER BOARD will deem the application complete or seek clarification or added detail if necessary, within the 20-day period. STATE WATER BOARD staff will review any new additional information provided. If staff finds that additional information is still required to support a permitting decision, the AUTHORITY may continue to develop the information needed. The AUTHORITY may also invoke the “Dispute Resolution” provisions provided below. Once an application is determined to be complete by the STATE WATER BOARD, staff will prepare draft Permits and place the matter on the earliest available STATE WATER BOARD meeting agenda or prepare the matter for approval by the Executive Director. This process typically will require up to 65 days for completion. As included as part of the previous stepsubmittal package. The project team, when required by Water Code section 13167.5in coordination with the City, would advise DEP and XXX staff of the details of the project and address any initial staff comments. The project team will also attend meetings with the City, and/or agency staff to discuss project details, potential impacts, any mitigation requirements, and permit conditions. In coordination with the City, the STATE WATER BOARD project team would review and submit any additional information requires by the agencies. Additionally, the project team would consult with the Florida Fish & Wildlife Conservation Commission, the U.S. Fish & Wildlife Service, and the National Marine Fisheries Service, as required, relative to manatees, Essential Fish Habitat, and/or other aquatic resources. Task 7: Submerged Lands Lease and Board of Trustees. Team members, X xxxxxx X eeker and Xxxxx Xxxxxxxxx, have years of experience successfully coordinating with FDEP’s Office of Cabinet Affairs and the FDEP Office of General Counsel as well as briefing and presenting projects to the Cabinet. Tetra Tech will provide notice coordinate, with the FDEP Tallahassee decision makers and district office staff to aide the City in securing the use of submerged state lands. The project team will also assist in securing a minimum 30-day opportunity sovereign submerged lands lease from the DEP for the public to comment on proposed waste discharge requirements by providing persons and public agencies with a known interest in historic mooring field area. The project team would compile the project with a copy of the draft waste discharge requirements and/or by posting a draft of the waste discharge requirements on the STATE WATER BOARD’s website. For water quality certifications that do not include the issuance of waste discharge requirements, the STATE WATER BOARD may provide notice and a minimum 21-day opportunity items necessary for the public submerged lands lease application for the area of historic mooring and submit the package to comment on the DEP. These items typically include documentation of historic mooring at the site (through aerials, photographs, etc.), a $200 processing fee, a digital figure of proposed submerged lands lease boundaries with square footage of pre-empted area, a statement of existing and proposed use, and any other necessary items required to complete the application. The project team would maintain contact with DEP staff to expedite the processing of the application for water quality certification by providing persons proprietary authorization and public agencies coordinate with a known interest in the Project with a copy of City for any additional items require for securing the public notice and/or by posting public notice of the application on the STATE WATER BOARD’s websitelease. The notice and opportunity project team would also secure a Temporary Use Agreement from the DEP as the interim step to comment may include a public hearing. STATE WATER BOARD will consider obtaining the comments and may modify final lease agreement, upon the proposed Permit in response to the comments, and will adopt the proposed, or amended Permit within 65 days of the end of the 30-day comment period for waste discharge requirements, or within 65 days of determining that the application is complete for water quality certifications. In any event, the parties acknowledge that, for discharges of dredged or fill material that do not require issuance of a water quality certification, Water Code section 13264 authorizes the AUTHORITY to commence discharge prior to the issuance of waste discharge requirements under specified circumstances. The AUTHORITY and the STATE WATER BOARDCity’s Project Manager reserve the right to request a change to this MOU’s tasks or schedules for any specific Permit application, which the AUTHORITY shall review within five (5) working days, and may, at the AUTHORITY’S discretion, either approve, deny or request that the STATE WATER BOARD meet and confer regarding the requested change. The Parties agree that a request for change to this MOU shall not extend the schedule for processing of any Permit applications in a manner that jeopardizes timely funding or construction of the Project(s), and any request or change that extends the schedule for processing of any Permit applications must be agreed to and approved by the AUTHORITY. Changes to this MOU or a work plan may relate to the need for new or additional information on the Projects, or by the discovery of additional issues during the course of the analysis. Requested variations to this MOU must be made by providing timely notice of any need to change this MOU, and shall provide a reasonably detailed explanation of reasons for the change(s). The notice provided to change a work plan or to vary from this MOU, shall include, at a minimum, the following:request.

Permit Applications. The AUTHORITY will submit applications for Permits in accordance with Attachment A and Exhibit 1, thereto. STATE WATER BOARD will review all permit applications and respond with comments in writing within thirty (30) days to inform the AUTHORITY whether or not the application is complete and whether or not a permit is needed. If the STATE WATER BOARD determines that additional information is needed, it shall notify the AUTHORITY within the same thirty (30) days. The STATE WATER BOARD will provide a full and complete list of any deficiencies and additional information needed to support permitting decisions with its initial review of an application. Later requests for supplemental information may be required, if critical information needs are found to exist after review of the information provided at the request of the STATE WATER BOARD during the 30-day application review period. Such requests by the STATE WATER BOARD shall be made within thirty (30) days after submittal of the supplemental information. The AUTHORITY agrees to provide additional information in response to supplemental requests that stem from such newly identified needs in order for continued consideration of applications by the Water Boards. Delays of over 45 days in submittal of supplemental information by AUTHORITY may affect the STATE WATER BOARD’s ability to complete subsequent process steps. STATE WATER BOARD will review supplemental application material within twenty (20) days of receipt. The STATE WATER BOARD will deem the application complete or seek clarification or added detail if necessary, within the 20-day period. STATE WATER BOARD staff will review any new additional information provided. If staff finds that additional information is still required to support a permitting decision, the AUTHORITY may continue to develop the information needed. The AUTHORITY may also invoke the “Dispute Resolution” provisions provided below. Once an application is determined to be complete by the STATE WATER BOARD, staff will prepare draft Permits and place the matter on the earliest available STATE WATER BOARD meeting agenda or prepare the matter for approval by the Executive Director. This process typically will require up to 65 days for completion. As part of the previous step, when required by Water Code section 13167.5, the STATE WATER BOARD will provide notice and a minimum 30-day opportunity for the public to comment on proposed waste discharge requirements by providing persons and public agencies with a known interest in the project with a copy of the draft waste discharge requirements and/or by posting a draft of the waste discharge requirements on the STATE WATER BOARD’s website. For water quality certifications that do not include the issuance of waste discharge requirements, the STATE WATER BOARD may provide notice and a minimum 21-day opportunity for the public to comment on the application for water quality certification by providing persons and public agencies with a known interest in the Project with a copy of the public notice and/or by posting public notice of the application on the STATE WATER BOARD’s website. The notice and opportunity to comment may include a public hearing. STATE WATER BOARD will consider the comments and may modify the proposed Permit in response to the comments, and will adopt the proposed, or amended Permit within 65 days of the end of the 30-day comment period for waste discharge requirements, or within 65 days of determining that the application is complete for water quality certifications. In any event, the parties acknowledge that, for discharges of dredged or fill material that do not require issuance of a water quality certification, Water Code section 13264 authorizes the AUTHORITY to commence discharge prior to the issuance of waste discharge requirements under specified circumstances. The AUTHORITY and the STATE WATER BOARD’s Project Manager reserve the right to request a change to this MOU’s tasks or schedules for any specific Permit application, which the AUTHORITY shall review within five (5) working days, and may, at the AUTHORITY’S discretion, either approve, deny or request that the STATE WATER BOARD meet and confer regarding the requested change. The Parties agree that a request for change to this MOU shall not extend the schedule for processing of any Permit applications in a manner that jeopardizes timely funding or construction of the Project(s), and any request or change that extends the schedule for processing of any Permit applications must be agreed to and approved by the AUTHORITY. Changes to this MOU or a work plan may relate to the need for new or additional information on the Projects, or by the discovery of additional issues during the course of the analysis. Requested variations to this MOU must be made by providing timely notice of any need to change this MOU, and shall provide a reasonably detailed explanation of reasons for the change(s). The notice provided to change a work plan or to vary from this MOU, shall include, at a minimum, the following:

Permit Applications. The AUTHORITY will project team would prepare and submit applications a Joint Environmental Resources Permit (ERP) application to the DEP and XXX for Permits in accordance with Attachment A state and Exhibit 1, thereto. STATE WATER BOARD will review all permit applications and respond with comments in writing within thirty (30) days to inform the AUTHORITY whether or not the application is complete and whether or not a permit is needed. If the STATE WATER BOARD determines that additional information is needed, it shall notify the AUTHORITY within the same thirty (30) days. The STATE WATER BOARD will provide a full and complete list of any deficiencies and additional information needed to support permitting decisions with its initial review of an application. Later requests for supplemental information may be required, if critical information needs are found to exist after review federal authorization of the information provided at proposed mooring field; the request of the STATE WATER BOARD during the 30-day application review period. Such requests by the STATE WATER BOARD shall permit sketches, submerged lands determination, and technical field survey reports (hydrographic and marine resource reports) discussed above would be made within thirty (30) days after submittal of the supplemental information. The AUTHORITY agrees to provide additional information in response to supplemental requests that stem from such newly identified needs in order for continued consideration of applications by the Water Boards. Delays of over 45 days in submittal of supplemental information by AUTHORITY may affect the STATE WATER BOARD’s ability to complete subsequent process steps. STATE WATER BOARD will review supplemental application material within twenty (20) days of receipt. The STATE WATER BOARD will deem the application complete or seek clarification or added detail if necessary, within the 20-day period. STATE WATER BOARD staff will review any new additional information provided. If staff finds that additional information is still required to support a permitting decision, the AUTHORITY may continue to develop the information needed. The AUTHORITY may also invoke the “Dispute Resolution” provisions provided below. Once an application is determined to be complete by the STATE WATER BOARD, staff will prepare draft Permits and place the matter on the earliest available STATE WATER BOARD meeting agenda or prepare the matter for approval by the Executive Director. This process typically will require up to 65 days for completion. As included as part of the previous stepsubmittal package. The project team, when required by Water Code section 13167.5in coordination with the City, would advise DEP and XXX staff of the details of the project and address any initial staff comments. The project team will also attend meetings with the City, and/or agency staff to discuss project details, potential impacts, any mitigation requirements, and permit conditions. In coordination with the City, the STATE WATER BOARD project team would review and submit any additional information requires by the agencies. Additionally, the project team would consult with the Florida Fish & Wildlife Conservation Commission, the U.S. Fish & Wildlife Service, and the National Marine Fisheries Service, as required, relative to manatees, Essential Fish Habitat, and/or other aquatic resources. Task 7: Submerged Lands Lease and Board of Trustees. Team members, M xxxxxx M eeker and Xxxxx Xxxxxxxxx, have years of experience successfully coordinating with FDEP’s Office of Cabinet Affairs and the FDEP Office of General Counsel as well as briefing and presenting projects to the Cabinet. Tetra Tech will provide notice coordinate, with the FDEP Tallahassee decision makers and district office staff to aide the City in securing the use of submerged state lands. The project team will also assist in securing a minimum 30-day opportunity sovereign submerged lands lease from the DEP for the public to comment on proposed waste discharge requirements by providing persons and public agencies with a known interest in historic mooring field area. The project team would compile the project with a copy of the draft waste discharge requirements and/or by posting a draft of the waste discharge requirements on the STATE WATER BOARD’s website. For water quality certifications that do not include the issuance of waste discharge requirements, the STATE WATER BOARD may provide notice and a minimum 21-day opportunity items necessary for the public submerged lands lease application for the area of historic mooring and submit the package to comment on the DEP. These items typically include documentation of historic mooring at the site (through aerials, photographs, etc.), a $200 processing fee, a digital figure of proposed submerged lands lease boundaries with square footage of pre-empted area, a statement of existing and proposed use, and any other necessary items required to complete the application. The project team would maintain contact with DEP staff to expedite the processing of the application for water quality certification by providing persons proprietary authorization and public agencies coordinate with a known interest in the Project with a copy of City for any additional items require for securing the public notice and/or by posting public notice of the application on the STATE WATER BOARD’s websitelease. The notice and opportunity project team would also secure a Temporary Use Agreement from the DEP as the interim step to comment may include a public hearing. STATE WATER BOARD will consider obtaining the comments and may modify final lease agreement, upon the proposed Permit in response to the comments, and will adopt the proposed, or amended Permit within 65 days of the end of the 30-day comment period for waste discharge requirements, or within 65 days of determining that the application is complete for water quality certifications. In any event, the parties acknowledge that, for discharges of dredged or fill material that do not require issuance of a water quality certification, Water Code section 13264 authorizes the AUTHORITY to commence discharge prior to the issuance of waste discharge requirements under specified circumstances. The AUTHORITY and the STATE WATER BOARDCity’s Project Manager reserve the right to request a change to this MOU’s tasks or schedules for any specific Permit application, which the AUTHORITY shall review within five (5) working days, and may, at the AUTHORITY’S discretion, either approve, deny or request that the STATE WATER BOARD meet and confer regarding the requested change. The Parties agree that a request for change to this MOU shall not extend the schedule for processing of any Permit applications in a manner that jeopardizes timely funding or construction of the Project(s), and any request or change that extends the schedule for processing of any Permit applications must be agreed to and approved by the AUTHORITY. Changes to this MOU or a work plan may relate to the need for new or additional information on the Projects, or by the discovery of additional issues during the course of the analysis. Requested variations to this MOU must be made by providing timely notice of any need to change this MOU, and shall provide a reasonably detailed explanation of reasons for the change(s). The notice provided to change a work plan or to vary from this MOU, shall include, at a minimum, the following:request.