Florida Department of Sosme Environmental Protection Je Katamp 1 Governor Southeast Disc Ofce 400 North Congress Avenue, Ste 200 Miche W Sole ‘QISSDIISSSSE West Palm Beach, Florida 33401298, Secretary December 10, 2008 CERTIFIED MAIL # 7007-1490 0001 0063 7708 RETURN RECEIPT REQUESTED Seafarer Exploration, Inc. clo Kyle Kennedy 100 2 Avenue South St St.Petersburg, FL 33701 E-mailkylegk23@yahoo.com Dear Mr. Kennedy: 106 Enclosed is Environmental Resource Permit No. 50-0138662-004 issued pursuant to Part IV of Chapter 373, Florida Statutes (F.S.), and Title 62, Florida Administrative Code (F.A.C.). ‘Appeal rights for you as the permittee and for any affected third party are described inthe text ofthe permit along ‘with conditions which must be met when permitted activities are undertaken. Please review this document carefully to ensure compliance with both the general and specific conditions contained herein. As the permittee, you are ‘esponsible for compliance with these conditions. Please ensure all construction personnel associated with your activity review and understand the attached drawings and conditions. Feilure to comply with this permit may result in liability for damages and restoration, andthe imposition of civil penalties up to $10,000.00 per violation per dey pursuant to Sections 403.141 and 403.161, FS. Inaddltion, please ensure the construction commencement notice and all other reporting conditions are forwarded to the appropriate office as indicated in the specific conditions. ‘Ifyou have any questions about this document, please contact me at $61/681-6761 or by ennai at Daniel. Moretz@dep state. f.us Sincerely, “Donny Mest Daniel Moretz Environmental Specialist IL ‘Submerged Lands & Environmental Resources Program “More Protection, Leis Process vomdepstate MasPermit Review Checklist (1a summary ofthe required monitoring and reporting activities for your project) Pre-Construction Requirements Activity Date Due Date Completed Ci contact DEP to schedule Prior to construction ee ‘pre-construction meeting Ci submit Pre-Construction Notice 48 Hrs. Before Construction aa Form to DEP. C1 Temporary Erosion Control Prior to construction —_— structures in place, Construction Requirements Activity Date Due Date Completed Permit with all attachments: Permit shall be available on-site kept at the work site for DEP inspector at all times (Ci Permanent Erosion Control Structures should be inspected ee ‘Structures in place daily Cl annual Status Report submitted Following June of each year ee until complete Cl Report changes to permitted Contact DEP before —— tees drawings / plans / activities any changes Post-Construction Requirements Activity Date Due Date Completed C1 Completion and Certification 30 Days after Construction (As-Buill) Form signed & sealed by PE. and sent fo DEP Permit Transfer Form Within 30 Days Sale of property ‘submited to OEP (property soa) For the above eriteria that require you to contact DEP — you should contact the Southeast District Office, Environmental Resources Permiting Section, Compliance and Enforcement, 400 N Congress Avenue, Suite 200, West Palm Beach, FL $3401, Attention: Richard Stalker, Phone: 561-681-6643, Fax: 561-681-6780. PLEASE NOTE: ‘As the proporty owner/permittes, you are ultimatoly responsible for ensuring that the required conditions of your permit are compliod with and timely reported to the Department, Please ensure that any designated contractors or Agents acting on your behalf are familiar with theso requirements.s Florida Department of Goer Environmental Protection Jef Kotha Southeast District Ofte Governor 400 North Congess Avenue ute 200 che W Sole =e West Pam Beach, Florida 3340-2913 sealary CONSOLIDATED ENVIRONMENTAL RESOURCE PERMIT AND INTENT TO GRANT ‘SOVEREIGNTY SUBMERGED LANDS AUTHORIZATION PERMITTEE/AUTHORIZED ENTITY: : emit No: 500 Seater Eeploain, ne. Pacetioae BEETS 2008 okt Kenney BapiatonDasot yen. ito’ Arense South Suite 108 Conamicton Phase. DEC * 9 208 & Peery F357 Coun Pan Besch Emugteg2s@yeton.com Frees Falco Resource Sener Treasure Savage ‘This project requires an Environmental Resource Permit. Under the operating agreements between the Department and the water management districts the Department has the authority to issue this permit. References: Part IV of Chapter 373, Florida Statues; Title 62, Florida Administrative Code; Operating Agreements with the ‘water management districts in Chapter 62-113, Fiorida Administrative Code. ACTIVITY DESCRIPTION: "The purpose of the project is to survey, assess, conduct test excavations and conduct recovery of artifacts and associated archaeological information within the Department of State, Florida Division of Historical Resources ‘agreement area, The proposed project will focus on utilizing previously atained Geometries Cesium Vapor ‘Magnetometer surveys, performed over the entire agreement area, fr the exploration of archaeological artifacts. ‘Specific exploration sites shall be determined after investigation of anomalies as portrayed in the magnetometer ‘survey, thereby providing the primary, secondary and tertiary scatter ofthe artifact material within this scattered. high energy site. The removal of sand and overburden shall be performed utilizing one of the following methods: &) removal of the sand overburden by deflecting it out of the area with a column of water using 2- 40" vessel prop deflectors, ot b) use ofa 6-inch airlift hydraulic dredger to suction the overburden sand out ofthe area ‘This permit does not authorize any impacts to submerged natural resources, including but not limited to submerged aquatic vegetation, shellfish, hard bottom, hard corals, and soft corals, Al activities shall take place within barren sandy submerged bottoms void of all natural resources, including but not limited to those listed above. “The applicant shall maintain a 600-foot buffer zone from any adjacent natural resources during any exploration or salvage which includes the displacement of substrate. [All vessels used during construction shall only operate within waters of sufficient depth to avoid bottom scouring and prop dredging of any adjacent natural resources. Lighting on the boats shall be shielded from the nesting beach during the turtle nesting season. The standard manatee conditions will be adhered to during all in water work. ACTIVITY LOCATION: “The project is located in the Atlantic Ocean, Class IIT Waters, (Sections 28, 33, and 34, Township 41 South, Range 43 East) offshore of Juno Beach in Palm Beach County within the boundaries of the coordinates shown on the attached drawings. ‘More Protection, Less Process” wm dep.state MusPermittee: Tuleo Resources/Seafurer File No: $0-0138662-004 Page 2 ‘This permit also constitutes a finding of consistency with Florida's Coastal Management Program, as required by Section 307 of the Coastal Zone Management Act. ‘This permit also constitutes certification of compliance with water quality standards under Section 401 of the (Clean Water Act, 33 US.C. 1341 ‘This activity also requires a proprietary authorization, as the activity is located on sovereignty submerged lands ‘owned by the Board of Trustees of the Internal Improvement Trust Fund, pursuant to Article X, Section 11 ofthe Florida Constitution, and Sections 253,002 and 253.77, F'S. The activity is not exempt from the need to obtain a proprietary ‘authorization. The Department has the responsibility to review and take final action on this request for proprietary ‘authorization in accordance with Section 18-21,0051, and the Operating Agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C. In addition tothe above, this proprietary authorization has been reviewed in accordance with Chapter 253, Chapter 18-21, and Section 62-343.075, F.A.C. ‘As staf to the Board of Trustees, the Department has reviewed the activity described above, and has ‘determined thatthe ativty requires @ Submerged Cultural Resource Recovery Easement forthe use of those lands, ‘pursuant to Chapter 253.77, FS, The Department intends to issue Submerged Cultural Resource Recovery Easement subject to the recoramended fees and conditions. ‘The final documents required to execute Submerged Cultural Resource Recovery Easement have been sent to the Division of State Lands. The Department intends to issue the Submerged Cultural Resource Recovery Easement upon satisfactory execution of those documents. You may not begin construction ofthis activity on state-owned, sovereignty submerged lands until the Submerged Cultural Resource Recovery Easement has ‘been executed to the satisfaction of the Department. ‘Federal authorization forthe 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 Betwoen the US. Army Corps of Engineers and the Florida Department of Environmental Protection State Programmatic General Permi, Section 10 ofthe Rivers and Harbor Act of 1899 and Section 404 of the Clean Water Act. ‘Your project has been reviewed for compliance with a State Programmatic General Permit (SPGP). As shown on the attached drawings, the proposed project is not consistent with the SPGP program. A copy of your ‘application has been sent to the Corps who may require a separate permit. Failure to obtain their authorization prior to construction could subject you to enforcement action. For further information, contact the Corps directly. ‘The above named permittee is hereby authorized to construct the work shown on the application and. attached drawing(s), plans, and other documents attached hereto and made a part hereof. This intent to grant authorization to use sovereignty submerged lands are subject to the limits, conditions, and locations of work shown in the attached drawings, and are also subject to the attached 19 General Conditions, 9 General Consent Conditions, and 16 Specific Conditions, which are a binding part of this permit. You are advised to read and understand these drawings and conditions prior to commencing the authorized activities, and to ensure the ‘work is conducted in conformance with all the terms, conditions, and drawings. If you are utilizing a contractor, the ‘contractor also should read and understand these drawings and conditions prior to commencing the authorized activities. Failure to comply with all drawings and conditions shall constitute grounds for revocation of the permit and appropriate enforcement action. Operation ofthe facility is not authorized except when determined to be in conformance with all applicable rules and with the general and specific conditions of this permitcertification, as specifically described below.Permittee: Tulco Resources/Seafarer File No.: 0-0138662-004 Page3 GENERAL CONDITION: (1) Allactvities authorized by this permit shall be implemented a st forth inthe plans, specifications and performance criteria s approved by this permit. Any deviation from the permitted activity andthe conditions for undertaking that activity shall constitute violation ofthis permit and Part IV, Chapter 373, FS. @) This permit ora copy thereof, complete with all conditions, attachments, exhibits, and rodifications shall be kept atthe work site of the permitted activity. The complete permit shall be available for review atthe worksite upon request by the Department staff. The permittee shall require the contractor to review ‘the complete permit prior to commencement of the activity authorized by this permit. (G) Activities approved by this permit shall be conducted in a manner which does not cause violations of state water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity, Turbidity barriers shall be installed and msintained at all locetions where the possibilty of transferring suspended solids into the receiving waterbody exists due tothe permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance withthe guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), unless a project-specific erosion and sediment control plan is approved as part of the permit. Thereafter the permite shal be responsible forthe removal ofthe barriers. The permittee shall corect any erosion or shoaling thst causes adverse impacts to the water resources. (@) The permittee shall notify the Department ofthe anticipated construction start date within 30 days ofthe date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit tothe Department an "Environmental Resource Permit Construction Commencement” notice (Form No. 62-343.900(3), F.A.C. indicating the actual start date and the expected completion date (5) When the duration of construction will exceed one year, the permittee shall submit construction status reports to the Department on an annual basis utilizing an "Annual Status Report Form" (Form No. 62- 343,900(4), F.A.C.). Status Report Forms shall be submitted the following June of each year. (©, Within 30 days after completion of construction ofthe permitted activity, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the supplied "Environmental Resource Permit As-Built Certification by @ Registered Professional" (Form No. 62-343.900(5), F.A.C.). The statement of completion and certification shall be based on on-site observation of constuction or review of as-built drawings forte purpose of determining ifthe ‘work was completed in compliance with permitted plans and specifications. This submittal shal serve to notify the ‘Department thatthe system is ready for inspection. Additionally, if deviation from the atached drawings re discovered during the certification process, te certification must be accompanied by a copy ofthe attached permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as “as-built” or “record” drawing. All surveyed dimensions and elevations shall be certified by @ registered surveyor. (1) The operation phase ofthis permit shall not become effective: uni the permittee has complied with the requirements of condition (6) above, has submitted a "Request for Transfer of Environmental Resource Permit Construction Phase to Operation Phase” (Form No. 62-343,900(7), F.A.C.}; the Department determines the system tobe in compliance with the permitted plans and specifications; and the entity approved by the Department in accordance with Sections 9.0 and 10.0 ofthe Basis of Review for Environmental Resource Permit ‘Applications Within the South Florida Water Management District - August 1995, accepts responsibilty for operation and maintenance of the system. The permit shall not be transfered to such approved operation and ‘maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the Department, the permitte shall initiate transfer of the permit tothe approved responsible operating entity if different from the permitte. Until the permit is transferred pursuant to Section 62- 343.110(1)(@), F.A.C, the permittee shall be liable for compliance with the terms ofthe permit. (8). Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior othe initiation ofthe permitted use of site infrastructure locatedPermittee: Tulco Resources/Seafarer File No: $0-0138662-004 Page 4 within the area served by that portion or phase of te system. Each phase or independent portion ofthe system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsiblity for ‘operation and maintenance ofthe phase or portion of the system to a local government or othe responsible entity. (9). Forthose systems that will be operated or maintained by an entity that will require an easement oF eed restiction in order to enable that entity to operate or maintain the system in conformance with this permit, such ‘easement or deed restriction must be recorded in the public records and submitted tothe Department along with any ‘other final operation and maintenance documents required by sections 9.0 and 10.0 ofthe Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District - August 1995, prior to lot or unit sales or prior to the completion of te system, whichever ocours first. Other documents ‘onceming the establishment and authority ofthe operating entity must be filed with the Secretary of State where propriate. For those systems which are proposed to be maintained by the county or municipal entities, final ‘operation and maintenance documents must be received by the Department when maintenance and operation of the system is accepted by the local goverment entity. Failure to submit the appropriate final documents will result in the permittee remaining lable for carrying out maintenance and operation of the permitted system and any other ‘permit conditions. “(0) Should any other regulatory agency require changes tothe permitted system, the permittee shall ‘notify the Department in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. (Ii) This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior othe start of any activity approved by this permit. This permit does not convey othe permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any fentrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 408-40, F.A.C. (12). The permite is hereby advised that Section 253.77, FS, sates that a person may not commence any excavation, construction or other activity involving the use of sovereign or other lands of the state, the ttle to ‘which ie vested in the Board of Trustes of the Internal Improvement Trust Fund without obtaining the required lease license, easement, or other form of consent authorizing the proposed use. Therefore, the permite is responsible for obtaining any necessary authorizations from the Board of Trustes prior to commencing etivty on sovereignty lands or other state-owned lands (13) The permitte is advised that the rules of the South Floride Water Management District require the permittee to obtain a water use permit from the South Florida Water Management District prior to construction ‘Sewatering, unless the work qualifies for a general permit pursuant to subsection 40E-20.302(4), F.A.., also known as the "No Notice" rule. (14) The permittee shall hold and save the Department harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. (13) Any delineation ofthe extent of wetland or ther surface water submitted as part of the permit pplication, including plans or other supporting documentation, shall not be considered binding unless a specific condition ofthis permit or a formal determination under section 373.421@2), F.S., provides otherwise. (16). The permitte shall notify the Department in writing within 30 days of any sale, conveyance, or ‘other transfer of owmership or control of permitted system or the real property on which the permitted system is focated. All ransfers of ownership or transfers of a permit are subject to the requirements of section 62-343.130, PAC. The permittee transferring the permit shall remain liable for corrective actions that may be required as & result of any violations prior to the sale, conveyance or other transfer of the system. (11) Upon reasonable notice to the permittee, Department authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. (18) Ifhistorcal or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the eppropriate Department office. (19), The permittee shall immediately notify the Department in writin of any previously submitted information that slater discovered to be inaccuratePermittee: Tulco Resources/Seafarer File No.: 50-0138662-004 Page $ GENERAL CONSENT CONDITIONS: (1) Authorization are valid only forthe specified activity or use. Any unauthorized deviat specified activity or use and the conditions for undertaking that activity or use shall constitute @ ofthe authorization shall result in suspension or revocation ofthe grantee’s use ofthe sovereignty submerged land unless cured to the satisfaction ofthe Board. @) Authorizations convey no ttle to sovereignty submerged land or water column, nor do they constitute recognition or acknowledgment of any other person’s ttle to such land or water, @) Authorizations may be modified, suspendéd or revoked in accordance with their terms or the remedies provided in Sections 253.04 and 258.46, FS, or Chapter 18-14, F.A.C. (4) Structures or activities shall be constructed and used to avoid or minimize adverse impacts to sovereignty submerged lands and resources. (5) Construction, use, or operation ofthe structure or activity shall not adversely affect any species which is, ‘endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C. (© Structures or activities shall not unreasonably interfere with riparian rights. When a court of competent [jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity shall be modified {in accordance withthe courts decision. (Structures or activities shall not create a navigational hazard (8) Structures shall be maintained in a functional condition and shal be repaired or removed if they become dilapidated to such an extent that they are no longer functional. This shall not be construed to prohibit the repair or replacement subject tothe provisions of Rule 18-21.005, F.A.C., within one year, ofa structure damaged in discrete event such as a storm, flood, accident, or fire. (©) Structures or activites shall be constructed, operated, and maintained solely for water dependent purposes, or for non-waier dependent activities euthorized under paragraph 18-21,004(1)(0, F-A.C. oF any other applicable law. ‘SPECIFIC CONDITIONS: (1) The project drawings, sheets 1 through 5; the L-page permit checklist; the 3-page Standard Manatee Conditions for in-Water Work, 2005; and DEP forms 62.343.900(3), (4), (S), and (7) are attached to and ‘become part ofthis permit, (2) Theterms, conditions, and provisions of the required Submerged Cultural Resource Recovery ‘Basement shall be met. Construction of this activity shall not commence on sovereign submerged lands, title to ‘which is held by the Board of Trustees of the Internal Improvement Trust Fund, until all required Submerged Cultural Resource Easement documents have been executed to the satisfaction of the Department. @) The permittee shall be responsible for ensuring that the permit conditions are explained to all construction personnel working on the project, and for providing each contractor and subcontractor with a copy of this permit before construction begins. (4) Ifthe attached permit drawings conflict with the spec shall prevail fe conditions, then the specific conditionsPermittee: Tulco Resources/Seafarer File No. 50-0138662-004 Page 6 (S)___Itis the responsibility of the permittee to obtain to obtain all other necessary federal, state, or local authorization forthe work described herein. © The work shall not be conducted within any other area other than that authorized under this permit. (7) _ All storage or stockpiling of tools or materials (i. lumber, piling, etc.) shall be limited to uplands or within the impact areas authorized by this project. (®) After selection ofthe contractor to perform the authorized atvities and prior othe initiation of any work authorized by tis perm, the permite (or authorized agent) and the contactor sal tend a pre- construction conference with a representative of the Department. The permittee shall cont the Deparment in ‘wing to schedule the conference. Deparment of Environmental Protection, Southeast District, Submerged Lands 4 Environmental Resources Program, Compliance/Enforcement Section, Attention: Richard Stalker, 400. Congress Ave, Suite 200, West Palm Bench, Florida 33401 (phone: 561/681-6643). (©) The permite shall not conduct any work within a $0-foot radius of any privately owned lands adjacent to the boundary of the Submerged Cultural Resource Recovery Easement without providing the Department with noticing information as required by subsection 18-21.005(3), F.A.C. (10) The permittee shall maintain a 600-foot buffer from any submerged natural resources, including but ‘not limited to hard bottom habitat, soft coral habitat, and worm-rock reef habitatduring the use of sand displacement techniques including but not limited to: a) on board vessel prop deflectors and b) handheld prop wash devices (Le. ‘underwater scooters and similar underwater propulsion devices). The permittee shall notify the Department in ‘writing should potential excavation sites be located in or near reef or live bottom communities. No impacts to any submerged natural resources are authorized by this permit. (11) Best management practices for turbidity control shal be implemented and maintained at all times during the proposed activities to prevent turbidity levels outside the construction area to exceed 29 NTUs above ‘background levels. The permittee shall be responsible for ensuring that turbidity control devices/procedures are utilized whenever site conditions allow the use of such devices, during ll phases of the activities authorized by this permit. ‘The following measures shall be taken immediately by the permittee whenever turbidity levels within waters ofthe ‘State surrounding the project site exceed 29 NTUs above background: 8. Notify the DEP-Southeast District Office ERP Compliance/Enforcement Section at 561/681-6600 atthe time the violation is first detected, b. Immediately cease all work contributing to the water quality violation. Operations may not resume until the department gives authorization to do so. ©. Stabilize all exposed soils contributing tothe violation. Modify the work procedures that were responsible for the violation, install more turbidity containment devices, and repair any non- functional turbidity containment devices, a (12) All watercraft associated with the proposed activities shall only operate in waters of suicient depth so as to preclude bottom scouring, prop dredging, or damage to adjacent submerged resources, (13) The permittee shall comply with the standard manatee protection construction conditions listed in the attachment, “Standard Manatee Conditions for In-water Work, 2005."Permittee: Tulco Resources/Seafarer File No.: 50-0138662-004 Page 7 (14) The permittee shall e within 600 Feet of the project area that all activities in open water will cease upon sighting of manatees ‘will not resume until the manatees have departed the project area. (15) The permittee agrees to instruct all personnel associated with the project ofthe presence of manatees and the need to avoid collisions with manatees. The permittee may be held responsible for any manatee harmed, harassed, or killed as a result of any permitted activity. (16) During the turtle nesting season (March 1- October 31), any lighting on the boats (including security lighting) shall be shielded from the nesting beach. (17) Accopy of the Submerged Cultural Resource Recovery Easement (No. 41080) shall be provided to the Department of Environmental Protection, Southeast District, Submerged Lands & Environmental Resourees Program, Compliance/Enforcement Section, Attention: Richard Stalker, 400 N. Congress Ave., Suite 200, West Palm Beach, Florida 33401, upon receipt. (18) You may not begin the proposed activities on state-owned, sovereign submerged lands until the ‘Submerged Cultural Resource Recovery Easement has been executed tothe satisfaction of the Department. RIGHTS OF AFFECTED PARTIES ‘This permit and Submerged Cultural Resource Recovery Easement is hereby granted. This action is final and effective on the dat filed withthe Clerk ofthe Department unless asuficent petition for an administrative hearing is timely fled under sections 120.569 and 120.57 ofthe Florida Statutes as povided below. Ifa sufficient petition for an administrative hearing is timely fled, this action automatically becomes only proposed agency action cn the application, subject othe result of the administrative review process. Therefore, onthe filing of timely and suficent petition, this action will ot be final and effective until further order ofthe Departient. The actual terms ofthe Submerged Cultural Resource Recovery Easement wil be formally executed at later date and shall include provisions for rents and such other provisions as normally are included in such Submerged Cultral Resource Recovery Easement. Because an administrative hearing may result in the reversal or substantial modification of this sation the applicant is advised not to commence construction or other activities until the deadlines noted below for filing a petition for an administrative hearing or request for an extension of time have expired and until Submerged Cultural Resource Recovery Easement has been executed and delivered. ‘Mediation is not available. ‘A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed (received by the clerk) inthe Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallabassee, Florida 32399-3000. ‘Under rule 62-1 10.106(4) ofthe Florida Administrative Code, a person whose substantial interests are affected by the Department's ation may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Staion 35, Tallahassee, Florida 32399-3000, before the applicable deadline, A timely request for extension of time shall toll the running of the time period for fling a petition until the request is acted upon. Ifa request i filed late, the Department may still grant it upon a motion by the requesting party showing thatthe failure to ile a request for an extension of time before the deadline was the result of excusable neglect. {fa timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in thePermittee: Tuleo Resources/Seafarer File No.: 500138662004 Page 8 proceeding. Intervention willbe permitted only atthe discretion of the presiding officer upon th filing of « motion in compliance with rule 28-106205 of the Florida Administrative Code. In accordance with rale62-110.106(3),F.A.C. petitions for an administrative hearing bythe applicant must be filed within 14 days of receipt of this written notice. Petition fled by any persons other than the applicant, and other then those entitled to writen notice under section 120,60(3) ofthe Florida Statutes mus be filed within 14 days of publication of the notice or within 14 days of receipt ofthe written notice, whichever oveurs first. Under section 120.60(3) of the Florida Statutes, however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless ofthe date of publication. ‘The petitioner shall mail a copy of the petition to the applicant at the address indicated above a the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver ofthat person's right to request an administrative determination (hearing) under sections 120,569 and 120.57 of the Florida Statutes. ‘A petition that disputes the material cts on which the Departments action is based must contain the following information: (@) The name and address of cach agency affected and each agency's file or identification number, if known; ©) Thename address, and telephone number of the petitioner; the name, address, and telephone numberof the petitioner's representative, ifany, which shall be the address fr service purposes during the course ofthe proceeding: and an explanation of how the petitioner's substantial interests are or willbe affected by the agency determination; (©) A statement of when and how the petitioner received notice ofthe agency decision; (@) A statement of al disputed issues of material fat. f there are none, the petition must so indicate; (© Aconcise statement ofthe ultimate facts allege, including the specific facts tha the petitioner contends ‘warrant reversal or modification of the agency's proposed action; (OA statement of the specific ules or statutes thatthe petitioner contends require reversal or modification of the agency's proposed action; and (® A statement ofthe relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect tothe agency's proposed action. ‘A petition that does not dispute the material facts on which the Department's action is based shal state that ‘no such facts are in dispute and otherwise shall contain the same information as se frth above, as required by rule 28-106.301, ‘Under sections 120,569(2)(c) and (A) of the Florida Statutes, a petition for administrative hearing must be dismissed by the agency ifthe petition does not substantilly comply withthe above requirements or is untimely filed. ‘This permit constitutes an order of the Department. Subject tothe provisions of paragraph 120.68(7)(a) of the Florida Statues, which may require a remand for an administrative hearing the applicant has the right to seek. Judicial review of the order under section 120.68 of the Florida Statutes, by the filing ofa notice of appeal under rule ‘9.110 ofthe Farida Rules of Appelae Procedure withthe Clerk ofthe Department in the Office of Genta Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, 32399-3000; and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the order is filed with the Clerk ofthe DepartmentExecuted in West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT (OF ENVIRONMENTAL PROTECTION SLSik/éen Copies furnished to: FDEP Compliance and Enforeement, Richard Stalker USACOE Palm Beach Gardens, Melody White, Melody j. white@usace army.mil Palm Beach County ERM, Janet Phipps, JPHIPPS@co.palm-beach fs ‘FFWCC Bureau of Imperiled Species Management, fempmail@myfwc.com DOS, Bureau of Archaeological Research, Daniel MeClarnon, dpmeclamon@dos state. fl.us Seafarer Exploration, Inc., JH. Alexander, jimainnovision@aol.com Seafarer Exploration, Inc. Christopher Gilcher, cgilcher@seafarerexplorationcorp.com Jim Sinclar, jimsinclair@searex-inc.com Jud Laird, Jud.3@juno.com CERTIFICATE OF SERVICE The ndergned dl designate cers hat his pening a oi, were ald ble he oe of bss on BEC TO et bor ed pea FILING AND ACKNOWLEDGMENT FILED, on this date, under 120.52(7) of the Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. DEC 1 0 2008 Date Prepared by Daniel Moretz. 13 pages attached.nz 103 £4580 Beno vo ENS dsm [SOrLES OVez6L aoIueS GEN maost moo Jeseyeeg/ooin |.Juno Beach 26 54.500 x 80 00.000 26 54.500 x 80 02.830 26 51.500 x 80 02.830 . : : Original Boundaries 26 51.500 x 80 00.000 Starting at a point hereafter referred to as the Point of Beginning at Latitude 26 51. 500' North and approximate Longitude 80 02.830' west run East in a line to a point at Latitude 26 $4. 5 and Longitude 80 00,000" run South in a line to a point at Latitude 26 51.50" and Longitude 80 00.000 run West in a line to a point at Latitude 26 51.50’ and Longitude 80 02,830' Return to Point of BeginningMoving the point in southwest comer Seaward 133 yards east of the mean low water line and all'points of land above the mean low water line that fall within this rectangular geographic boundary."26 54.500 x 80 02.830 26 54.500 x 80 00.000 26 52.001 x 80 02.1 26 51.500 x 80 02.679 26 51.500 x 80.00.00 Modified Boundaries Starting at a point hereafter referred to as the Point of Beginning at Latitude 26 51.621' North and approximate Longitude 80 02.708' West run East in a line to a point at Latitude 26 54. 500 and Longitude 80 00.00" run South in a line to a point at Latitude 26 51.500" and Longitude 80 00.00" run West in a line to a point at Latitude 26 51.50 ' and approximate Longitude 80 02.679" run North in a line to a point at Latitude 26 52.001’ and Longitude 80 02.830" run north to the Point of beginning,Area of Interest“Date: October 3, 1985 ENVIRONMENTAL RESOURCE PERMIT Construction Commencement Notice PROJECT: PHASE: Thereby notify the Department of Environmental Protection that the construction of the surface water management system authorized by Environmental Resource Permit No. has commenced / is expected to commence on 200__, and will require a duration of approximately _ months weeks __days to complete. It is understood that should the construction term extend beyond one year, I am obligated to submit the Annual Status Report for Surface Water Management System Construction. PLEASE NOTE: If the actual construction commencement date is not known, Department staff should be so notified in writing in order to satisfy permit conditions. Permittee or Title and Company Date Authorized Agent Phone : ‘Address Send to: For projects in Palm Beach, Broward, Dade ‘For projects in Okeechobee, St. Lucie, Martin Countie Counties: Florida DEP Florida DEP Attn: Richard Stalker Attn: Erie Shea 400 N. Congress Ave., Suite 200 1801 SE Hillmoor Drive, Suite C204 ‘West Palm Beach, FL 33401 Port St. Lucie, FL 34952 Fax: 561/681-6780 ‘Fax: 772/398-2815ENVIRONMENTAL RESOURCE PERMIT ANNUAL STATUS REPORT FORM Send to: For projects in Palm Beach, Broward, Dade _For projects in Okeechobee, St. Lucie, Martin, Counties: Counties: Florida DEP Florida DEP Attn: Richard Stalker Attn: Eric Shea 400 N. Congress Ave., Suite 200 1801 SE Hillmoor Drive, Suite C204 West Palm Beach, FL 33401 Port St. Lucie, FL 34952 Fax: 561/681-6780 Fax: 772/398-2815 Permit No. County: Project Nam Phase: ‘The following activity has occurred at the above referenced project during the past year, between ‘June 1,200 and May 30,200_. Permit Condition / % of Completion Date of anticipated Date of Activity ‘Completion Completion (Use Additional Sheets As Necessary) Benchmark Description (one per major control structure): PrintName Phone Permittee's or Authorized ‘Title and Company Date ‘Agent's Signature ‘This form shall be submitted to the above referenced Department Office during June of each year for activities whose duration of construction exceeds one year.ENVIRONMENTAL RESOURCE PERMIT AS-BUILT CERTIFICATION BY A REGISTERED PROFESSIONAL Permit Number: Project Name: Thereby certify that all components ofthis surface water management system have been built substantially in accordance ‘with the approved plans and specifications and are ready for inspection. Any substantial deviations (noted below) from the ‘approved plans and specifications wil not prevent the system from functioning as designed when properly maintained and ‘operated. These determinations are based upon on-site observation of the system conducted by me or by my designee under iy direct supervision andior my review of as-built plans certified by a registered professional or other appropriate individual as authorized by law. ‘Name (please print) ‘Sighature of Professional Company Name ‘Florida Registration Number ‘Company Address Date City, State, Zip Code Telephone Number ss (Affix Seal) Substantial deviations from the approved plans and specifications: (Note: attach two copies of as-built plans when there are substantial deviations) ‘Within 30 days of completion of the system, submit two copies ofthe form to: For projects in Palm Beach, Broward, Dade For projects in Okeechobee, St. Lucie, Martin Counties: Counties: Florida DEP Florida DEP Attn: Richard Stalker Attn: Eric Shea 400 N. Congress Ave., Suite 200 1801 SE Hillmoor Drive, Suite C204 ‘West Palm Beach, FL 33401 Port St. Lucie, FL 34952 Fax: 561/681-6780 Fax: 772/398-2815REQUEST FOR TRANSFER OF ENVIRONMENTAL RESOURCE PERMIT CONSTRUCTION PHASE TO OPERATION PHASE Send to: For projects in Palm Beach, Broward, Dade __For projects in Okeechobee, St. Lucie, Martin Counties: Counties: Florida DEP Florida DEP Attn: Richard Stalker Attn: Eric Shea 400 N. Congress Ave., Suite 200 1801 SE Hillmoor Drive, Suite C204 ‘West Palm Beach, FL 33401 Port St. Lucie, FL 34952 Fax: 561/681-6780 Fax: 772/398-2815 Its requested that Department Permit No,__ authorizing the construction and operation ofa surface water management system forthe below mentioned project be transferred from the construction phase permittee to the operation phase operating entity. State ‘The surface water management facilities are hearby accepted for operation and maintenance in accordance with the ‘engineers certification and as outlined in the restrictive covenants and articles of incorporation forthe operating entity. Enclosed is a copy of the document transfering tile of the operating entity forthe common areas on which the surface ‘watet management system is located. Note that if the operating entity has not been previously approved, the applicant should contact the Department staff prior to filing for a permit transfer. “The undersigned hereby agrees that all terms and conditions ofthe permit and subsequent modifications, if any, have been reviewed, are understood and are hereby accepted. Any proposed modifications shal be applied for and obtained prior to ‘such modification. Operating Entity Name Title Telephone. Enclosure: () Copy of recorded transfer of ttle surface water management system () Copy of plat(s) () Copy of recorded restrictive covenants, articles of incorporation, and certificate of incorporation‘STANDARD MANATEE CONDITIONS FOR IN-WATER WORK 2005 ‘The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. _Allpersonnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or kiling manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle ‘Speed/No Wake” at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. ¢. __Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be property sécured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement, 4. Allon-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must bbe shutdown if a manatee(s) comes within 60 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 mints elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. @. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-232-2580) for north Florida or Vero Beach (1-561-562-3909) for south Florida. {Temporary signs conceming manatees shall be posted prior to and during all in- water project activities. All signs are to be removed by the permittee upon completion of the project. Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used. One sign measuring at least 3 ft. by 4 ft. which reads Caution: Manatee Area must be posted. A second sign measuring at least 81/2" by 11” explaining the requirements for “Idle Speed/No Wake" and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities.Florida Department of more Environmental Protection fethoanp Southeast District Office pci 400 Nort Congess Avenue Sut 200 sea West Pain Bach For 33401292 Secor DEC 1 2.2008 CERTIFIED MAIL No: 7007 O710 0001 2424 2333 RETURN RECIEPT REQUESTED — Seafarer Exploration, Inc. clo Kyle Kennedy 100 2™ Avenue South, Suite 104 N St. Petersburg, FL 33701 RE: Permit Number: 50-0138662-004 Permittee: Tuleo Resources! Seafarer Treasure Salvage Beach ida Dear Mr. Kennedy This will advise you that confirmation of compliance with the conditions and requirements ofthe above-referenced permit (Issued December 10, 2008), is the responsibility of the Compliance and Enforcement Section and the case manager of this permit is signed below. To eneure ompliance with the general and specific conditions of the permit we recommend thit you varefully read the permit and all conditions AS issued, the permit requires specific activities or actions, some to be conducted within a Gesignated timeframe. For example, the permit requires: Permit, shall attend a pre-construction conference with a representative of the \ |. The permittee and the contractor, prior to the initiation of any work authorized by this if” Department. ‘The permittee shall contact Katv Collins of the Department by phone at (561) 681-6645 or in writing to the letterhead address to schedule a conference 2 The permittee shall submit to the Department at least 48 hours prior to construction the {Environmental Resource Permit Construction Commencement” notice (Form No 62. 343:900(3), F.C) indicating the actual star date and the expected completion date To Schedule a pre-construction meeting, please contact this office at your convenience >The permite shall submit the “Environmental Resource Permit as-Built Cettiation by a Registered Professional” (Form No. 62-343.900(5), F.A.C.) within 30 dave. of Completion of the project. If, after commencement of activity, the project is expected to last several years, the permitiee shall submit the “Annual Status Report” (Eon No. 62. 343.900(4), F.A.C.) to update the Department on the progress of the project ‘Mure Protection, Lens PaesPermittee: Tulco Resources/ Seafarer Treasure Salvage ‘No.: 50-0138662-004 Page 2 4 The permittee shall submit the “Request for Transfer of Enviconmental Resource Permit Construction Phase to Operation Phase” (Form No, 62-343.900(7), F.A.C,) 5. DEP forms: 62-343.900(3), (4), (5), and (7) FAC, may be downloaded @ hitpil/wow.dep state fLus/water/wetlands/erp/torms,htm. If the applicant does not have access {0 the Internet, the applicant shall call (561) 681-6649 to request the aforementioned forms and/or document. Our goal is to coordinate with you and your agents to construct and conduct the activity without jncuring any problems or complications with the permit requirements or conditions. In an effort ic offer assistance and to avoid misunderstandings that may result in unnecessary costs or legal efforts for the permittee, we would be willing to meet with you to disease the permit requirements and conditions, Please note that i is a violation of Section 403.161(1)(b), Florida Statutes (F:S,) to fail to comply with any rule, regul or certification issued by the Department. Violations of State Statutes or Rules may result in liability for damages and restoration, and the judicial Foe nl eng civil Penalties up to $10,000 per violation per day pursuant to Sections 253.04, 403.141 and 403.161, F.S. Please contact Katy Collins at ($61) 681-6645, at the lettoheci address or electronically at katy.collins@dep,state,fLus within 30 days so the Department may assist you in resolving these issues. Additionally, please be aware that your case with the Department remains open until all of the Permit requirements are met. Thanks in advance for your support in this matter Sincerely, hay bablor lafrajoe Katy Collins oa Compliance & Enforcement Submerged Lands and Environmental Resources Program