STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

IN RE: FLORIDA POWER &LIGHT )

COMPANY PORT EVERGLADES ENERGY )

CENTER, APPLICANT NO. PA12-57 )

)

OGC CASE NO. 12-0710

DOAH CASE NO. 12-0422-EPP

FINAL ORDER APPROVING CERTIFICATION

This matter is before the Secretary of the Department of Environmental

Protection ("DEP" or "Department") for the purpose of entering a Final Order under

Sections 403.508(6), 403.509(1 )(a), and 403.509(3), Florida Statutes.

BACKGROUND

On September 24,2012, the Administrative Law Judge ("ALJ") assigned by the

Division of Administrative Hearings ("DOAH") issued an "Order Closing File and

Relinquishing Jurisdiction" (the "Order"). The Order granted the parties' request to

cancel the site certification hearing ("Certification Hearing") and relinquish jurisdiction to

the Department in accordance with Section 403.508(6), Florida Statutes. The Order

was issued pursuant to a Joint Stipulation and Motion of the Parties to Cancel

Certification Hearing and to Relinquish Jurisdiction to the Department of Environmental

Protection for Entry of Final Certification Order ("Joint Stipulation"). The Joint

Stipulation stated that no disputed issues of fact or law remain to be raised at the

Certification Hearing. The Joint Stipulation also stated that the parties requested

cancelation of the Certification Hearing originally scheduled to begin on October 15,

2012, and did not object to entry of a Final Order by the Department. Notice of

cancelation of the certification hearing was published, as required by Section
403.5115(1 )(g) and (4)(h), Florida Statutes, by FPL in the Sun-Sentinel on October 4,

2012, and by DEP in the Florida Administrative Register on October 1,2012.

In light of the above, under Section 403.509(1 )(a), Florida Statutes, the

Department is required to prepare and enter a Final Order.

PARTIES

The following are the parties to this site certification proceeding, under Section

403.508(3), Florida Statutes: Florida Power & Light Company ("FPL"), DEP, the South

Florida Water Management District ("SFWMD"), Broward County ("County"), and the

Florida Fish and Wildlife Conservation Commission ("FWC"). SFWMD, the County, and

the FWC each timely filed a notice of intent to be a party to this proceeding under

Section 403.508(3)(b), Florida Statutes. No other agency identified in Section

403.508(3)(a), Florida Statutes, filed a notice of intent to be a party before the 90th day

prior to the scheduled certification hearing. No agency, corporation, or other entity filed

a notice of intent to be a party to this proceeding under Section 403.508(3)(c), Florida

Statutes. Further, no person, corporation, or other entity filed a petition to intervene in

this proceeding under Section 403.508(3)(e), Florida Statutes, as of September 14,

2012, which is the latest day on which intervention could be granted. In addition to the

agencies identified above, the following agencies submitted Agency Reports regarding

the Project: the City of Hollywood, the Florida Department of Transportation ("DOT"),

the South Florida Regional Planning Council ("SFRPC"), and the Department of

Economic Opportunity ("DEO").

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STATEMENT OF THE ISSUE

The issue to be decided in this proceeding is whether the Department, acting in

lieu of the Siting Board, should approve certification in accordance with the Florida

Electrical Power Plant Siting Act, Sections 403.501, et. seq., Florida Statutes ("F.S."),

authorizing the Port Everglades Next Generation Clean Energy Center ("PEEC" or

"Project") in Broward County, Florida, subject to the attached Conditions of Certification

set forth in the DEP Project Analysis Report dated September 12, 2012.

PRELIMINARY STATEMENT

In the Joint Stipulation, each agency stipulated to the Findings of Fact ("FOF") in

the Joint Stipulation that addressed matters within their respective subject matter

jurisdictions and they took no position concerning the other FOFs and the proposed

Conclusions of law ("COls") in the Joint Stipulation. FPl stipulated to all of the FOFs

and proposed COls in the Joint Stipulation. Accordingly, the parties stipulated to, or did

not object to, all of the factual findings set forth in the Joint Stipulation. These factual

findings are supported by citations to: the Site Certification Application, FPl's

Responses to Completeness Comments, and the DEP's Project Analysis Report

("PAR") dated September 4,2012, and attachments thereto. These findings are also

supported by other evidence of record in this proceeding.

FINDINGS OF FACT

Procedural History

1. FPl filed with DEP on January 24,2012, a site certification application

("SCA") for the PEEC Project.

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2. DEP filed on March 5, 2012, a determination of incompleteness for the

Project application.

3. FPL submitted responses on April 4,2012, to the determination of

incompleteness issued by DEP.

4. DEP determined the application to be complete, on April 26, 2012.

5. DEP issued its Project Analysis Report ("PAR") on September 4,2012,

with recommended Conditions of Certification based on DEP's analysis and the reports

of the various reviewing agencies. The recommended Conditions of Certification are

attached as Exhibit A.

6. A site certification hearing was scheduled to be held in the City of

Hollywood, beginning on October 15, 2012, in accordance with Section 403.508(2)(a),

F.S. In accordance with Section 403.5115(1)(e) and (4)(f), F.S., notice of that hearing

was timely published by FPL in the Sun-Sentinel in Broward County and by DEP in the

Florida Administrative Weekly.

The Applicant & Proposed Project

7. FPL, a subsidiary of NextEra Energy, Inc., is the largest electric utility in

the State of Florida. FPL serves approximately 4.5 million customer accounts, and

approximately 8.7 million customers, in all or parts of 35 Florida counties.

The EXisting Port Everglades Plant

8. The existing Port Everglades Plant Site is located within the City of

Hollywood on approximately 92.5 acres within the jurisdictional area of Port Everglades

(mid-port section).

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9. FPL has operated a power plant at the Site since 1960. Units 1 and 2

went into service in 1960 and 1961, respectively. The commercial in-service dates for

Units 3 and 4 were 1964 and 1965. All four units have remained in service since those

dates.

The Port Everglades Energy Center Project

10. FPL proposes to modernize the existing Port Everglades Plant [Le., two

nominal 200-megawatt ("MW") and two nominal 400-MW conventional residual oil and

natural gas-fired generating units and support facilities] into a modern, efficient, loweremission clean energy center using combined cycle technology. The modernized Plant

will be located wholly within the existing Plant Site boundaries. The modernization will

result in increased power generation without using additional land and water resources.

The modernized Plant will be more energy efficient than the existing Plant and will

provide cleaner energy to FPL's customers. The modernized Plant will use

approximately 35 percent less fuel than the existing Plant, for an equivalent amount of

electricity production. The modernized Plant, to be renamed the Port Everglades Next

Generation Clean Energy Center ("PEEC"), has a projected in-service date for the

modernized Plant of June 2016.

11. PEEC will be a 3-on-1 combined cycle unit, which will consist of three new

advanced technology combustion turbines ("CTs"), three new heat recovery steam

generators ("HRSGs"), and one new steam turbine/electric generator. The CTs are

similar to, but much larger and more efficient than traditional jet engines. The CTs

produce electrical energy by combusting fuel that causes a turbine to spin a direct

connection to an electric generator. The exhaust heat from the CTs, which would

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otherwise be wasted energy released to the atmosphere, will be routed through the

HRSGs that act as boilers to produce steam for the new steam turbine generator to

produce additional electricity.

12. Natural gas will be the primary fuel for PEEC. Ultra low-sulfur light oil will

be used as a backup fuel for the CTs. By using natural gas as a primary fuel and stateof-the art air pollution technology, PEEC will minimize air emissions and will be among

the cleanest and most efficient fossil fuel-fired electric power generating plants of its

type in the State of Florida.

13. The Intracoastal Waterway will continue to provide once-through cooling

water for the PEEC. The existing municipal water supply from the City of Fort

Lauderdale will continue to be used for process and potable water for the PEEC.

14. Decommissioning and dismantling of the existing generating units will be

part of the Project and will be required prior to the construction of PEEC. Certain

support facilities, such as the cooling water intake and discharge infrastructures, will be

refurbished and reused for the modernized plant. PEEC will interconnect with FPL's

transmission network through the existing adjacent system substation.

15. PEEC includes linear associated facilities for Ultra Low Sulfur Distillate

("ULSD") fuel lines and an Aquatic Organism Return System ("AORS") associated with

the cooling water intake facilities. These facilities will be constructed within the

identified corridors on property owned by Broward County. The ultimate right-of-way for

these facilities within the approved corridors and the terms and conditions for use of

Port property will be negotiated with Broward County Port Everglades Department.

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Architectural or Historical Sites

16. Based on a cultural resource survey of the Site, conducted in September,

2011, by Archeological and Historical Conservancy ("ACH"), there are no previously

recorded archaeological sites or historic standing structures within the Port Everglades

Plant property, and there is low probability for archeological sites and features. No sites

listed or eligible for listing, in the National Register of Historic Places are located in

close proximity to the existing site. The Florida Department of State's Division of

Historical Resources ("DHR") reviewed the survey and concurred with ACH's

conclusions. DHR requested that additional inventory and evaluation of any bUildings or

structures associated with the existing Port Everglades Plant, be identified and

documented on a Florida Master Site File Resource Group form and submitted to the

DHR for determination of historical significance. DHR concluded on April 19, 2012, that

no adverse impacts to significant historical resources are expected from the

development of the PEEC.

Construction

17. Onsite dismantlement and construction activities are anticipated to begin

in early 2013 and conclude in the summer of 2016. During the dismantlement of the

existing Plant, workers will be employed that are specialized in removing recyclable

materials, dismantling equipment, removing insulation, preparing structures for

demolition, dismantlement, and material removal. The peak construction workforce

(mid-2015) is estimated to be approximately 650 people, with an average construction

workforce estimated at 290 people from 2014 to 2016.

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Determination of Need

18. The Florida Public Service Commission ("PSC") issued an affirmative

need determination order on April 9, 2012 for the modernization of the Port Everglades

Plant. See Order No. PSC-12-0187-FOF-EI.

Broward County

Land Use

19. Broward County submitted its Agency Report to the DEP, on August 6,

2012.

20. Under Section 403.5175(3), F.S., a land use and zoning consistency

determination for the site is not required for an application under the PPSA if the

applicant does not propose to expand the boundaries of the existing site or to add

additional offsite facilities. A land use and zoning consistency determination from the

County was not required for the PEEC Project because FPL is not proposing to expand

the existing Port Everglades Plant Site. Although no land use consistency

determination was needed, the County confirmed that the County's Comprehensive

Plan is the effective plan for the Site. Broward County further confirmed that the PEEC

is consistent with the County's land use and zoning designations, and no amendments

were needed to the County's Comprehensive Plan. The PEEC Project is consistent

with the County's Comprehensive Plan and Zoning regulations. The County

recommended approval of the PEEC subject to proposed conditions.

Port Everglades Department

21. The PEEC Site is located within the jurisdiction of the mid-port section of

Port Everglades. Therefore, the Broward County Port Everglades Department

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evaluated the proposed Project to ensure that it is compatible with current and future

Port operations. The Port Everglades Department concluded that, 1) the PEEC Project

as proposed will be compatible with present Port Everglades operations, and 2) the

PEEC Project facilities can be accommodated on Broward County land in the Port as

proposed, with License Agreements between FPL and the Broward County Board of

County Commissioners being executed prior to construction of the facilities. The Port

Everglades Department of Broward County recommended approval of the PEEC

subject to the proposed conditions.

Environmental Protection Department

22. Broward County reviewed the PEEC Project for consistency with their

Natural Resources Protection Code, Chapter 27 of the Broward County Code of

Ordinances, and other relevant polices adopted by the County regarding the protection

and conservation of water supplies. In its review, the County requested information

regarding the potential use of reclaimed water for non-potable purposes, and other

natural resources issues. After full review of FPL's responses, Broward County's

Environmental Protection Department concluded that all of its natural resources issues

had been addressed and the County recommended approval of the PEEC Project,

subject to the proposed conditions.

City of Hollywood

Land Use

23. The Department received an agency report from the City of Hollywood on

August 3,2012. Under Section 403.5175(3), F.S., a land use and zoning consistency

determination for the site is not required for an application under the PPSA if the

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applicant does not propose to expand the boundaries of the existing site or to add

additional offsite facilities. A land use and zoning consistency determination is not

required for the PEEC Project because FPL does not propose to expand the existing

Port Everglades Plant Site. Although no land use consistency determination was made,

according to the City, the proposed use of the property described in the SCA is located

within the City's Transportation Land Use Future Land Use category and the Port

Everglades Development District zoning district. The PEEC Project is consistent with

the City's Comprehensive Plan and Zoning regulations. The City recommended

approval of the PEEC subject to proposed conditions.

Noise

24. Computerized noise modeling analyses were conducted for the PEEC site

for both construction and operation. Based on the results of the analyses, FPL

concluded that the maximum sound levels predicted during construction of the PEEC

will not be unreasonably loud as prohibited by the City of Hollywood noise ordinance;

and will be less than the maximum allowable sound levels for properties that are

governmental facilities, community service facilities, or commercial/business facilities in

the Broward County noise ordinance. The potential use of explosives during the

deconstruction phase will result in elevated noise levels but only for very short

durations. FPL stated that such activities will be performed in accordance with all

applicable regulations, and prior notice to nearby residences and businesses will be

given. The noise resulting from operation of the PEEC is expected to be equivalent to,

or less than, the existing plant and comply with applicable noise ordinances.

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Florida Fish and Wildlife Conservation Commission

West Indian Manatee

25. Manatees, which are protected under the Endangered Species Act and

the Marine Mammal Protection Act, have regularly been observed in the vicinity of the

existing Plant. The modernized PEEC will continue to provide a wintertime thermal

refuge for manatees.

26. Operation of the existing Plant will cease prior to dismantlement and

construction activities associated with the modernization Project. Consequently, there

will be a 3-year period until operation of PEEC commences, during which the normal

warm water discharge will not occur. FPL has developed a plan, pursuant to the

requirement of the DEP Industrial Wastewater Permit for the Plant, the PPSA and the

FWC's authority, to avoid potential cold water impacts to manatees during this 3-year

period. Specifically, FPL will install an electric heater to act as a temporary "manatee

heating system" to discharge warm water when necessary while the Plant is offline for

modernization. Warm water will be discharged from December 1 to March 31 (to

coincide with the time of greatest anticipated manatee abundance), if the ambient water

temperature falls below a specified trigger temperature and other criteria. Under the

FWC's final recommended Conditions of Certification, which have been included in

Exhibit A, the manatee protection ambient water trigger temperature and operational

details shall be agreed upon by FWC in consultation with the U.S. Fish and Wildlife

Service ("USFWS") and FPL, and included in the Environmental Monitoring Plan. The

interim heating system shall be maintained and operated to achieve the results

specified in the Environmental Monitoring Plan in accordance with Best Management

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Practices. FPL is required to develop and implement a Best Management Plan

applicable to the interim heating system, and also meet new environmental and

biological monitoring requirements during the interim period.

Terrestrial Species

27. The existing Plant site itself was disturbed for construction of the prior and

existing power generation facilities and has been used continuously for the past 50

years for power plant operation. No adverse impacts to federal or state-listed species

or long-term change in populations of non-aquatic threatened or endangered species

are expected during dismantlement, construction and operation of the PEEC because of

the existing developed nature of the Site. Additionally, noise and lighting impacts

between the new PEEC plant and the existing Port Everglades Plant will be similar.

The FWC's recommended conditions include survey requirements to address the

potential presence of threatened terrestrial species.

DEP

Separate Air Construction Permitting

28. DEP's Division of Air Resource Management regulates major air pollution

sources in accordance with Florida's Prevention of Significant Deterioration (UPSDn

)

program, as defined in Rule 62-212.400, F.A.C. For new major facilities, or for

modifications to existing facilities, each registered air pollutant is reviewed for PSD

applicability based on emissions thresholds known as Significant Emission Rates

("SERs"). When emissions from the new PEEC unit are considered and offset by

reductions from the shut down and dismantlement of the existing residual oil and natural

gas-fueled Units 1 to 4, there will not be a significant net emission increase in any PSD

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pollutant. For all regulated pollutants, with the exception of Greenhouse Gases

("GHG"), a PSD review is not required. A PSD review is required, however, for PEEC

for GHGs.

29. Best Available Control Technology ("BACT") review is required under DEP

and U.S. Environmental Protection Agency ("EPA") regulations pertaining to PSD.

BACT review is required only for those pollutants that trigger PSD review. PSD review

is only required for the GHG emissions from the Project, and is currently being

processed by EPA Region IV.

30. On May 9,2012, DEP issued a separate Air Construction Permit for the

PEEC Project. DEP has made a determination that the proposed PEEC Project will

comply with all applicable state and federal air pollution regulations as conditioned by

the final Air Construction Permit. This determination is based on a technical review of

the complete application, reasonable assurances provided by the applicant, the

emissions standards determinations, review of the air quality impact analysis, and the

conditions specified in the permit.

Air Emission Controls & Impact Analysis

31. The use of clean fuels (i.e., natural gas and ultra low-sulfur light oil),

combustion controls, and air pollution control equipment will minimize air emissions and

ensure compliance with applicable emission-limiting standards. Using clean fuels will

minimize emissions of sulfur dioxide (liSO2"), particulate matter ("PM/PM1O") and other

fuel-bound contaminants. Combustion controls will minimize the formation of nitrogen

oxides (liNOx") and the formation of carbon monoxide ("CO") and volatile organic

compounds ("VOCs") by combustor design. Further NOx reduction will be achieved by

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installation and operation of selective catalytic reduction ("SCR"). The combination of

these techniques has been determined to represent BACT on previous projects based

on an evaluation of economic, energy, and environmental impacts. In general, the

PEEC Project will reduce actual emissions of criteria air pollutants by more than 14,000

tons per year ("TPY") from the existing operation or more than a 90 percent reduction.

32. An air quality impact analysis is not required by New Source Review

("NSR") under DEP air regulations because the net emissions changes resulting from

the Project will be less than the PSD significant emission rates. As a supplement to the

Air Construction Permit Application included with the SCA, however, air quality impacts

were estimated for the existing Plant and PEEC in the vicinity of the Site for comparison

to state ambient air quality standards ("AAQS"). Based on these air quality modeling

analyses, the maximum pollutant concentrations due to PEEC are predicted to be less

than the AAQS and will comply with all applicable MQS. The modeling results

demonstrate that Florida's air quality will be protected and be improved with the

modernized Plant.

Carbon Dioxide Emissions

33. Emissions of carbon dioxide ("C02") directly correlate to the quantity of

combusted fossil fuel. The more fuel consumed, the more C02 released into the

atmosphere. As combustion technologies improve, electric generating facilities of all

types are constructed with greater and greater efficiencies. More efficient units require

less fuel for equal amounts of energy production than lower efficient units. This

translates to fewer overall carbon emissions from the more efficient units.

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34. The maximum C02 emission rate after the modernization of the Port

Everglades Plant will be about one-half the maximum C02 emission rate for the existing

Plant. The PEEC should also displace generation that would otherwise be produced by

less efficient units in FPL's system, thereby reducing system C02 emissions. From the

years 2016 to 2047, the C02 emissions reduction in FPL's system with PEEC

operational is projected to be 22 million tons.

Cooling Water Intake and Discharge Considerations

35. The modernized PEEC will continue to use portions of the existing Plant's

once-through cooling water system intake and discharge structures and canals

withdrawing surface water from Port Slip NO.3 and discharging it to the Intracoastal

Waterway. The PEEC once-through cooling water system intake and discharge

structures will be operated in accordance with the conditions of NPDES permit number

FL0001538.

36. The existing Port Everglades Plant thermal discharge existed on July 1,

1972. Modernization of the existing Plant is expected to decrease the potential thermal

loading to the Intracoastal Waterway approximately 50 percent compared to the

potential thermal loading, as of August 1972, from the existing Plant. FPL performed a

comparative thermal analysis which demonstrates that the extent of the thermal plume

is similar for both summer and winter. The potential for impacts on aquatic life from the

modernized Plant's offshore thermal discharge is expected to decrease by

approximately 50 percent because the size of the modernized Plant's offshore thermal

plume will be similar both in summer and winter. The PEEC thermal discharge may

commence, in accordance with the conditions of NPDES Permit No.FL0001538, upon

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the date of the approval for the separately reviewed NPDES permit revision application,

submitted with the SCA, to modernize the plant. The NPDES permitting conditions and

associated effluent limits are subject to revision if the surface water standards in the

applicable rules are revised or new information becomes available.

37. The existing once-through cooling water system for Units 1 to 4 has been

in operation for over 45 years. During this time, there has been no documented

adverse impact to the biological values outside the discharge canal from the operation

of the once-through cooling water system, so as to cause harm to the abundance and

diversity of fish, wildlife and listed species, or their habitat. Therefore, significant

adverse impacts to aquatic life from impingement or entrainment are not expected from

continued operation of the once-through cooling water system, at the same location and

with a portion of the refurbished intake structures and reduced intake flow rate. The

PEEC once-through cooling water system intake structure will be subject to the

conditions of NPDES Permit No. FL0001538.

Wastewater

38. FPL will continue to use a reverse osmosis/mixed bed ("RO/MB")

demineralizer system for process water treatment using water from the City of Fort

Lauderdale. The demineralized water will be pumped into a new onsite storage tank.

RO reject water (average flow 54 gpm) will be mixed with the cooling water flow used

for condenser cooling before discharge to the Intracoastal Waterway.

39. Sanitary wastewater from the PEEC will be routed to the City of Fort

Lauderdale wastewater system for treatment and disposal using the existing

connection.

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40. The HRSG and feedwater piping will be chemically cleaned initially during

commissioning of the PEEC and also periodically during the life of the modernized

Plant. The chemicals used will not be permanently stored onsite but will be delivered to

the Site by a licensed contractor at the time of the scheduled periodic cleanings.

Chemical cleaning is an infrequent maintenance operation; it does not contribute to the

liquid wastes produced by the normal operation of PEEC. Chemical cleaning wastes

will be maintained onsite, tested and disposed of in accordance with DEP requirements.

Final conditions related to wastewater discharges will be implemented pursuant to

revisions to DEP NPDES Permit No. FL0001538. Hazardous wastes will be managed

according to applicable local, State, and federal rules and regulations.

Stormwater Management

41. Stormwater runoff from the PEEC site will be collected and controlled by a

stormwater drainage system consisting of a series of catch basins, pipes, channels,

swales and culverts located around the PEEC site that will convey runoff to stormwater

detention ponds. Runoff from the power block and equipment areas, and from other

potentially oil-contaminated areas, will be routed through an oil/water separator and

then to the stormwater ponds.

42. Existing stormwater is managed under DEP Permit No. FL0001538.

During construction FPL will seek coverage under DEP's Generic Permit for Stormwater

Discharge from Large and Small Construction Activities. At completion of construction,

FPL will submit a Notice of Intent for the modernized Plant to be covered under the

Multi-Sector Generic Permit ("MSGP") for Stormwater Discharge Associated with

Industrial Activity.

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Solid Waste & Hazardous Substances

43. Any non-hazardous and hazardous wastes associated with the operation

of PEEC will be managed according to federal, State, and local regulations and FPL's

Waste Guidelines. The PEEC may periodically generate hazardous waste [less than

100 kilograms per month], including spent solvents, boiler chemical cleaning wastes,

and other wastes. These wastes will be collected and managed as hazardous waste

until tested to determine their characteristics.

44. Solid wastes will be generated by the operation of PEEC, but generally in

small quantities. Such solid wastes will be limited to municipal solid waste, infrequent

replacement of inlet air filters, and solids from the water pretreatment process. An

approved solid waste disposal contractor will dispose of all solid wastes. There will be

no facilities requiring a permit under DEP Rule 62-701.300(2), F.A.C., for the

modernized Plant.

Socioeconomic Impacts

45. The Project will provide economic benefits to the City of Hollywood,

Broward County, and Florida. During construction, the average annual construction

payroll will be $33.3 million. During operation, the total direct and indirect economic

benefits are projected to be $27 million per year from 2017 to 2046.

46. The PEEC Project will result in environmental benefits. The PEEC Project

allows for the beneficial reuse of an existing power plant site. This modernization

Project will result in increased power generation without using additional land, water

resources, or transmission line rights-of-way. The modernized PEEC will have a much

lower visual profile, with the height of the tallest structure (Le., stacks) being less than

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50 percent of the height of the existing stacks. The modernized PEEC will reduce

actual air emissions by more than 90 percent and will reduce the rate of C02 emissions

at the facility by about 50 percent. During the operation of PEEC, from years 2016 to

2047, the CO2 reduction in FPL's system with PEEC is projected to be 22 million tons.

During both construction and normal operation of PEEC, the Site will continue to serve

as a refuge for the endangered manatee into the future.

47. As stated earlier, surface water for the Port Everglades Plant is currently

withdrawn from the Intracoastal Waterway via the cooling water intake canal and

structures. FPL is proposing to refurbish and reuse portions of the same intake system

for the PEEC.

48. FPL also owns fuel oil pipelines located on Port property pursuant to

license agreements with Broward County. FPL is removing the NO.6 fuel oil pipelines

associated with the existing Port Everglades Plant Units 1 through 4. FPL will be

entering into new agreements with Broward County authorizing use of Port property for

the proposed ultra low-sulfur distillate fuel oil pipeline for PEEC.

SFWMD

Water Usage

49. The Intracoastal Waterway will continue to be the source of once-through

cooling water for condenser and auxiliary cooling for the PEEC. The ICW will also be

the source of intake screen wash water. This source is exempt from the requirements

of Chapter 40E-2, F.A.C., since the chloride concentration is greater than the SFWMD's

regulatory threshold for seawater (19,000 mgll). The proposed source of process and

service water for combustion turbine inlet air cooling, nitrogen oxide injection, steam

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cycle makeup, and fire protection, as well as potable water for employee use and

irrigation, will continue to be the City of Fort Lauderdale Utilities Department. The

recommended conditions require FPL to evaluate the economic, environmental, and

technical feasibility of potential use of reclaimed water for irrigation and process

demands.

DOT

Traffic

50. The construction workforce for the PEEC Project is expected to average

approximately 290 workers from 2013 to 2016 with a peak workforce of about 650

workers in mid-2015. FPL performed intersection capacity/level of service analyses for

critical signalized intersections. The additional traffic created by the peak construction

workforce will not degrade the operating conditions of the roadway system, although

during the peak construction, level of service deficiencies may be experienced on

several movements of the Eller Drive/SE 14th Avenue intersection during the morning

and evening peak hours. A traffic management plan will be developed to minimize the

duration of any level of service deficiencies resulting from construction traffic. The

number of employees at the modernized plant will be similar to current conditions.

Therefore, it is anticipated that the main signalized access driveway intersection will

continue to operate at an acceptable level of service during operation of the PEEC.

Agency Reports &Proposed Conditions of Certification

51. As noted above, DOT, DEO, FWC, SFWMD, City of Hollywood, SFRPC

and Broward County submitted Agency Reports. Each of these agencies

recommended approval, some subject to recommended conditions of certification.

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52. As noted above, on September 4 2012, DEP issued its written PAR

pursuant to Section 403.507, F.S. The PAR contained a compiled set of proposed

Conditions of Certification for the Project, including conditions recommended by the

following agencies: DEP, DOT, FWC, DHR, SFWMD, City of Hollywood and Broward

County. In its PAR, DEP recommended approval of the PEEC Project provided that

FPL complies with the Conditions of Certification in DEP's PAR and attached hereto as

Exhibit "A"

53. FPL agreed to the Conditions of Certification attached hereto as Exhibit

"A."

CONCLUSIONS OF LAW

1. All parties identified above had standing to participate in this proceeding.

2. The Division of Administrative Hearings had jurisdiction of the parties and

of the subject matter of this proceeding. This proceeding was conducted in accordance

with the PPSA

3. The Administrative Law Judge had the authority pursuant to Section

403.508(6)(a), F.S., to cancel the scheduled site certification hearing, when all the

parties to the proceeding stipulated that there were no disputed issues of fact or law to

be raised at the certification hearing.

4. The Department is authorized to issue a final order in accordance with

Section 403.509(1)(a), F.S., when the Administrative Law Judge cancels the hearing

and relinquishes jurisdiction to the Department

5. In accordance with Section 403.5115, F.S. and Chapter 62-17, F.AC.,

proper notice was provided to all persons, entities and parties entitled to such notice, as

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well as to the general public. No third party intervened by the deadline of September

14,2012.

6. Under Section 403.5175(3), F.S., the local governments are not required

to conduct land use and consistency determinations for the PEEC Project. The City of

Hollywood and Broward County, both represent that, for the portion of the Site within the

City and County limits, the use of the PEEC as an electricity producing power plant is

consistent with their respective current land use and zoning designations. The City and

County recommended approval of the Project subject to recommended conditions of

certification. The Project is consistent with the Comprehensive Plans of both the City of

Hollywood and Broward County.

7. All the necessary and reqUired state and local governmental agencies

participated in the certification process.

8. No agency identified any nonprocedural requirements not specifically

listed in the Application from which a variance, waiver, exemption or other relief is

necessary in order for the proposed site and associated facilities to be certified.

9. The PSC determined the need for the electric power to be supplied by the

PEEC as required by Section 403.519, F.S. The PSC is the sole forum for the

determination of the need for the PEEC Project, pursuant to Section 403.519, F.S.

10. Considering the criteria set forth in Section 403.509(3), F.S., and

balancing the various factors set forth therein, the PEEC Project is eligible for final

certification subject to the Conditions of Certification attached hereto as Exhibit "A."

This conclusion is based on the information provided by FPL in the site certification

22
application and completeness responses and the information provided by DEP in its

September 4,2012, PAR.

11. Under Section 403.509(3)(a), F.S., and so long as the Conditions of

Certification are implemented and complied with, FPL has provided reasonable

assurances that operational safeguards for the PEEC Project are technically sufficient

for the public welfare and protection.

12. Under Section 403.509(3)(b), F.S., and so long as the Conditions of

Certification are implemented and complied with, the PEEC Project complies with

applicable nonprocedural requirements of agencies. The DEP's analysis concluded that

the PEEC Project is not reasonably expected to cause or contribute to a violation of

ambient air quality standards, or water quality standards or criteria. No variances,

waivers, or exemptions from any applicable nonprocedural requirements of agencies,

are proposed for the PEEC Project.

13. Through the use of an already developed site, the PEEC Project will

minimize the adverse effects on human health, the environment and the ecology of land

and its wildlife and the ecology of state waters and their aquatic life, in accordance with

Section 403.509(3)(f), F.S. Compliance with the agencies' nonprocedural standards at

the PEEC Project will minimize and avoid adverse effects on human health as well as

on the environment.

14. Certification of the Project in accordance with the Conditions of

Certification effects a reasonable balance between the need for the facility, as

determined by the PSC, and the minimal impacts on air and water quality, fish and

wildlife, water resources and other natural resources of the State that would result from

23
the construction and operation of the PEEC Project. See § 403.509(3)(e), Fla. Stat.

(2011).

15. The foregoing considerations provide reasonable assurance that the

PEEC Project will meet all of the other criteria for certification under the PPSA.

Therefore, the Department concludes that, the PEEC Project will serve and protect the

broad interests of the public, so long as the Project is implemented in compliance with

the attached Conditions of Certification.

CONCLUSION

Having reviewed the matters of record and being otherwise duly advised, the

Department concludes that, if constructed and operated in accordance with the

evidence presented in the record and the attached Conditions of Certification, the PEEC

Project will serve and protect the broad interest of the public and should be approved.

It is therefore ORDERED that:

A. Site certification of FPL's PEEC Project, as described in the Site

Certification Application and the record as a whole, is hereby APPROVED.

B. The PEEC Project is subject to and FPL shall comply with the Conditions

of Certification that are attached as Exhibit "A" and are incorporated by reference

herein.

JUDICIAL REVIEW

Any party to this proceeding has the right to seek judicial review of the Final

Order pursuant to Section 120.68, Florida Statutes, by the filing of a Notice of Appeal

pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the clerk

of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard,

24
M.S. 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 this Final Order is filed

with the clerk of the Department. _ItDONE AND ORDERED thiSff.!:.... day of October, 2012, in Tallahassee, Florida.

STATE OF FLORIDA DEPARTMENT

OF ENVIRONMENTAL PROTECTION

ERSCHEL T.

Secretary

JR.

Marjory Stoneman Douglas Building

3900 Commonwealth Boulevard

Tallahassee, Florida 32399-3000

FILED ON THIS DATE PURSUANT TO § 120.52,

FLORIDA STATUTES, WITH THE DESIGNATED

DEPARTMENT CLERK, RECEIPT OF WHICH IS

HEREBY ACKNOWLEDGED.

~f1t.rM ~~kqf}:;.

25
CERTIFICATE OF SERVICE

I CERTIFY that a copy of the foregoing Final Order was sent by electronic mail to

the following persons on this9th day of October, 2012.

Toni Sturtevant, Asst. Gen. Counsel

STATE OF FLORIDA DEPARTMENT

OF ENVIRONMENTAL PROTECTION

3900 Commonwealth Boulevard, M.S. 35

Tallahassee, Florida 32399-3000

(850) 245-2257/ FAX 245 - 2302

toni.sturtevant@dep.state.fl.us

Luna Phillips, Esq.

Gunster, Yoakley & Stewart, P.A.

Las Olas Centre

450 East Las Olas Blvd., Suite 1400

Fort Lauderdale, FL 33301

Iphillips@gunster.com

cc: mmcleod@gunster.com

Michael Tammaro, Senior Attorney

Florida Power & Light Company

700 Universe Boulevard LAW/JB

Juno Beach, FL 33408

Michael.Tammaro@FPL.com

Charles Murphy, Senior Attorney

Florida Public Service Commission

Office of General Counsel

2450 Shumard Oak Blvd.

Tallahassee, FL 32399-0850

cmurphy@psc.state.f1.us

David Jordan, Asst. Gen. Cns!.

Department of Economic Opportunity

107 East Madison Street

Caldwell Building

Tallahassee, Florida 32399

David.Jordan@deo.myflorida.com

Anthony Pinzino, Asst. Gen. Cnsl.

Fish and Wildlife Conservation Commission

Farris Bryant Building

620 South Meridian Street, Mailbox 5B5

Tallahassee, FL 32399-1600

anthony.pinzino@myfwc.com

26

Kimberly Menchion, Asst. Gen. Cnsl.

Department of Transportation

605 Suwannee Street, MS 58

Tallahassee, FL 32399-0450

Kimberly.Menchion@dot.state.fl.us

Ruth Holmes, Asst. Gen. Cnsl.

South Florida Water Mgt. District

3301 Gun Club Road

West Palm Beach, FL 33406

rholmes@sfwmd.gov

Samuel S. Goren, Esquire

Goren, Cherof, Doody and Ezrol

South Florida Regional Planning Counsel

3099 East Commercial Blvd., Suite 200

Fort Lauderdale, FL 33308

sgoren@cityatty.com

Michael C. Owens, Asst. County Attorney

Broward County

115 South Andrews Ave., Suite 423

Fort Lauderdale, FI 33301

mowens@broward.org

cc: blane@broward.org

Jeffrey Sheffel, City Attorney

City of Hollywood

2712 Van Buren Street

Hollywood, FL 33023

jsheffel@hollywoodfl.org

cc: shirsch@hollywoodfl.org

STATE OF FLORIDA DEPARTMENT

OF ENVIRONMENTAL PROTECTION

M.FFOLKES

ative Law Counsel
STATE OF FLORIDA

DEPARTMENT

OF

ENVIRONMENTAL PROTECTION

Conditions of Certification

Florida Power & Light Company

Port Everglades Next Generation Clean Energy Center

PA 12-57

September _, 2012

EXHIBIT "A"
Table ofContents

SECTION A: GENERAL CONDITIONS 1

I. SCOPE 1

II. APPLICABLE DEPARTMENT RULES 2

III. REVISIONS TO DEPARTMENT STATUTES AND RULES 4

IV. DEFINITIONS 4

V. DEPARTMENT PERMITS UNDER FEDERAL PROGRAMS 6

A. Air 6

B. Water 6

VI. DESIGN AND PERFORMANCE CRITERIA................•........................... 7

VII. NOTIFICATION •••••••••....••••••...••••••••••••.•••............•...••.......•••..••..•..••.•.••.•••..•... 8

VIII. REPLACEMENT FOR RESTORATION OF SYSTEM INTEGRITY 8

IX. CONSTRUCTION PRACTICES 9

A. Local Building Codes 9

B. Open Burning 9

C. Flood Control Protection 9

D. Sanitary Wastes 9

E. Vegetation 9

F. Existing Underground Utilities 9

G. Electric and Magnetic Fields (EMF) 10

H. Existing Wells 10

I. Abandonment ofExisting Septic Tanks 10

X. RIGHT OF ENTRY...................•.................................................................. 10

XI. DISPUTE RESOLUTION•.•••...•••.•••••••••.•••............•••••••....••••••••.•..•••.•......••... 10

A. General 10

B. Modifications 11

C. Post-Certification Submittals 11

XII. SEVERABILITY •••.••••••••••••••••.••••........•....•...•••...•........................................• 11

XIll. ENFORCEMENT 11

XIV. REVOCATION OR SUSPENSION 12

XV. REGULATORY COMPLIANCE 12

Florida Department ofEnvironmental Protection

Conditions ofCertification

091 12012

Port Everglades Next Generation Clean Energy Center

PA 12-57
XVI. CIVIL AND CRIMINAL LIABILITY 12

XVII. USE OF STATE LANDS ....•...............................•........................................ 12

XVIII. PROCEDURAL RIGHTS 13

XIX. AGENCY ADDRESSES FOR POST-CERTIFICATION SUBMITTALS

AND NOTICES ..............................................................•............................. 13

XX. PROCEDURES FOR POST-CERTIFICATION SUBMITTALS 15

A. Purpose ofSubmittals 15

B. Filings , 15

C. Completeness 15

D. Interagency Meetings 15

E. Determination ofCompliance 16

F. Commencement ofConstruction 16

G. Revisions to Design Previously Reviewed for Compliance 16

H. Variation to Submittal Requirements 16

XXI. POST-CERTIFICATION SUBMITTAL REQUIREMENTS SUMMARY

.................................................•...............................•....................................... 16

XXII.

XXIII.

XXIV.

xxv.

XXVI.

XXVII.

xxvrn.

XXIX.

POST CERTIFICATION AMENDMENTS 17

MODIFICATION OF CERTIFICATION 17

INCORPORATION OF EXISTING STATE AND LOCAL

PERMITS~ICENSES 18

COASTAL ZONE CONSISTENCy 18

FINANCIAL RESPONSIBILITY 18

TRANSFER OF CERTIFICATION 19

LABORATORIES AND QUALITY ASSURANCE 19

ENVIRONMENTAL RESOURCES 19

A. General 19

B. Surface Water Management. 20

C. Wetland and Other Surface Water Impacts 22

.xxx. THIR.D PARTY IMPACTS .................................................................•....... 23

XXXI. FACILITY OPERATION 23

XXXII. RECORDS MAINTAINED AT THE FACILITy 23

.xxxIII. WATER DISCHARGES ............................•..............................•.................. 24

A. Discharges 24

Florida Department ofEnvironmental Protection

Conditions ofCertification

09/ /2012

ii

Port Everglades Next Generation Clean Energy Center

PA 12-57
XXXIV. SOLID AND HAZARDOUS WASTE 24

A. Solid Waste 24

B. Hazardous Waste and Used Oil 24

C. Hazardous Substance Release Notification 25

D. Used Oil, Petroleum Contact Water and Spent Mercury 25

E. Contaminated Site Cleanup 25

XXXV. STORAGE TANK SySTEMS 25

A. Incident Notification Requirements 25

B. Discharge Reporting Requirements 26

C. Discharge Cleanup 26

D. Out ofService and Closure Requirements 26

SECTION B. SPECIFIC CONDITIONS 27

I. DEPARTMENT OF ENVIRONMENTAL PROTECTION 27

A. Waste Cleanup 27

II. SOUTH FLORIDA WATER MANAGEMENT DISTRICT 27

A. Legal/Administrative Conditions 27

B. Water Use Conditions 30

III. FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION33

A. West Indian Manatee 33

B. Terrestrial Wildlife 40

C. Marine Turtles 41

IV. DEPARTMENT OF STATE - DIVISION OF HISTORICAL

RESOURCES 41

V. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES 41

VI. BROWARD COUNTY 41

A. Legal/Administrative Conditions 41

B. Port Everglades Department Conditions 42

C. Environmental Protection & Growth Management Department

Conditions 43

VII. CITY OF BOLLYWOOD 44

Florida Department ofEnvironmental Protection

Conditions ofCertification

09/ /2012

iii

Port Everglades Next Generation Clean Energy Center

PA 12-57
ATTACHMENTS & APPENDICES

Attachment A Maps ofCertified Site/Facilities

Attachment B Stormwater Management System Plans

Attachment C Mitigation Plans

Attachment D License Agreement for Bulk: Petroleum Product Pipelines

Attachment E License Agreement for ULSD Pipeline(s)

Attachment F License Agreement for Aquatic Organism Return System

Appendix I NPDES Permit FLO001538

Florida Department ofEnvironmental Protection

Conditions ofCertification

091 12012

iv

Port Everglades Next Generation Clean Energy Center

PA 12-57
SECTION A: GENERAL CONDITIONS

SECTION A: GENERAL CONDITIONS

I. SCOPE

A. Pursuant to the Florida Electrical Power Plant Siting Act (PPSA), Sections

403.501-518, Florida Statutes (F.S.), and Chapter 62-17, Florida Administrative Code (F.A.C.),

this Certification is issued to Florida Power & Light Company (FPL) as owner/operator and

Licensee ofthe Port Everglades Next Generation Clean Energy Center (PEEC). Subject to the

requirements contained in these Conditions ofCertification (Conditions), FPL will operate a

nominal 1250 megawatt (MW) natural gas-fired combine cycle unit (Unit 5), and associated

facilities as described in the Site Certification application (SCA). The electric generating unit and

associated facilities are located on approximately 67 acres within the existing 92.5-acre Port

Everglades Plant site at 8100 Eisenhower Boulevard in Ft. Lauderdale, Broward County, Florida.

The UTM coordinates are: Zone 17,587.38 km East, 2885.25 km North; and the

latitude/longitude coordinates are: 26°05'08" North/8000T31'' West.

B. The Certified Facility includes but is not limited to the following major

associated facilities;

1. Cooling system intake and discharge structures

2. Aquatic Organism Return System

3. ULSD fuel oil pipeline

4. 7 million gallon fuel oil storage tank

5. De-mineralized water storage tank

6. Natural gas compressor station

C. These Conditions, unless specifically amended or modified, are binding upon

the Licensee and shall apply to the construction, operation and maintenance ofthe certified

facility. If a conflict should occur between the design criteria ofthis certified facility and the

Conditions, the Conditions shall prevail unless amended or modified. In any conflict between

any ofthese Conditions, the more specific Condition governs.

D. Within 60 days after completion ofconstruction ofthe electrical power plant as

defined by 403.503(14), F.S., but excluding off-site linear and non-linear associated facilities,

the Licensee shall provide to the Department in .pdfformat: a survey map signed by a

professional land surveyor, or acceptable equivalent documentation such as an official legal

description, delineating the boundaries ofthe site as defined by Section 403.503(28), F.S., and an

aerial photograph delineating the boundaries ofthe site. The survey map and aerial photograph

shall be identified as the Site Delineation and attached hereto as part ofAttachment A (Maps).

The Licensee shall notify the Department of any change to the site boundary

depicted in the Site Delineation in Attachment A (Maps). The notification shall be accompanied

by an updated land survey map (or legal description) and aerial photograph delineating the new

boundaries ofthe site for review by the Department. Absent the above description/delineation of

the site, the Department will consider the perimeter fence line ofthe property on which the

electrical power plant's generating facility and on-site support facilities are located to be the

boundaries ofthe site.

Florida Department ofEnvironmental Protection

Conditions ofCertification

9/_,2012

I

Port Everglades Next Generation Clean Energy Center

PA 12-57
SECTION A: GENERAL CONDITIONS

E. Ifboth certified and uncertified facilities lie within the boundaries ofthe site,

the Licensee shall also comply with the requirements ofthis paragraph. Within 60 days after

completion of construction ofthe plant and on-site associated facilities, but excluding off-site

linear and non-linear associated facilities, the Licensee shall provide to the Department in .pdf

fonnat: a survey map signed by a professional land surveyor, or acceptable equivalent

documentation such as an official legal description, delineating the boundaries ofthe certified

areas within the site; and an aerial photograph delineating the boundaries ofthe certified areas

within the site. The boundaries ofthe certified areas within the site shall include both the

certified electrical power plant's generating facilities as defmed in Section 403.503(28), F.S. and

its on-site certified associated facilities (including on-site linear facilities) as defined by Section

403.503(7), F.S. The survey map and the aerial photograph shall be known as the Delineation of

the Certified Area and attached hereto as part ofAttachment A (Maps).

F. Within 120 days after completion of construction of any off-site associated nonlinear facilities, the Licensee shall provide to the Department in .pdffonnat; a survey map signed

by a professional land surveyor, or acceptable equivalent documentation such as an official legal

description, delineating the boundaries ofthe certified area for each off-site non-linear facility.

The survey map(s) and aerial photographs shall be known as Delineation ofCertified Off-Site

Non-linear Facilities and attached hereto as part ofAttachment A (Maps).

G. Within 180 days after completion of construction of any new associated off-site

linear facilities, as defined by Section 403.503(7), F.S., the Licensee shall provide; an aerial

photograph(s)/map(s) at a scale of at least 1:400, or acceptable equivalent documentation such as

an official legal description or survey map(s) signed by a professional land surveyor, delineating

the boundaries ofthe certified area for the linear facilities, following acquisition of all necessary

property interests and the corridor narrowing as described in Section 403.503(11), F.S., which

shall be known as the Delineation ofCertified Off-Site Linear Facilities and attached as part of

Attachment A (Maps).

Following any post-certification approvals that require a change to the

boundaries ofthe certified area(s) depicted in the Delineation ofCertified Off-Site Linear

Facilities in Attachment A (Maps), the Licensee shall submit an updated aerial photograph/map,

survey map or legal description.

[Sections 403.511,403.5113, F.S.; subsections 62-4.160(1-2) and 62-17.205(2), F.A.C.]

II. APPLICABLE DEPARTMENT RULES

The construction, operation and maintenance ofthe certified facility shall be in

accordance with all applicable non-procedural provisions ofFlorida Statutes and Florida

Administrative Codes, including, but not limited to, the applicable non-procedural portions ofthe

following regulations, except to the extent a variance, exception, exemption or other reliefis

granted in the final order ofCertification or in a subsequent modification to the Conditions,

under any federal permit or as otherwise provided under Chapter 403:

Florida Statutes:

Chapter 120 (Administrative Procedure Act)

Chapter 163 (Intergovernmental Programs)

Chapter 252 (Emergency Management)

Chapter 253 (State Lands)

Florida Department ofEnvironmental Protection

Conditions ofCertification

9:_12012

2

Port Everglades Next Generation Clean Energy Center

PA 12-57
SECTION A: GENERAL CONDITIONS

Chapter 258 (State Parks & Preserves)

Chapter 267 (Historical Resources)

Chapter 373 (Water Resources)

Chapter 376 (pollutant Discharge Prevention and Removal)

Chapter 379 (Fish and Wildlife Conservation)

Chapter 380 (Land & Water Management)

Chapter 469 (Asbestos Abatement)

Chapter 403 (Environmental Control)

Chapter 487 (pesticide Regulation and Safety)

Chapter 556 (Underground Facility Damage Prevention and Safety)

Florida Administrative Codes:

18-2 (Management ofUplands Vested in the Board ofTrustees)

18-14 (Administrative Fines for Damaging State Lands)

18-20 (Aquatic Preserves)

18-21 (Sovereign Submerged Lands Management)

62-4 (Permits)

62-17 (Electrical Power Plant Siting)

62-25 (Regulation ofStormwater Discharge)

62-40 (Water Resource Implementation Rule)

62-150 (Hazardous Substance Release Notification)

62-160 (Quality Assurance)

62-204 (Air Pollution Control-General Provisions)

62-210 (Stationary Sources-General Requirements)

62-212 (Stationary Sources-Preconstruction Review)

62-213 (Operation Permits for Major Sources ofAir Pollution)

62-214 (Requirements for Sources Subject to the Federal Acid Rain Program)

62-256 (Open Burning)

62-296 (Stationary Sources-Emission Standards)

62-297 (Stationary Sources-Emission Monitoring)

62-301 (Surface Waters ofthe State)

62-302 (Surface Water Quality Standards)

62-304 (Total Maximum Daily Loads)

62-312 (Dredge and Fill Activities)

62-330 (Environmental Resource Permitting)

62-340 (Delineation ofthe Landward Extent ofWetlands and Surface Waters)

62-341 (Noticed General Environmental Resource Permits)

62-343 (Environmental Resource Permit Procedures)

62-345 (Uniform Mitigation Assessment Method)

62-520 (Groundwater Classes, Standards and Exemptions)

62-528 (Underground Injection Control)

62-531 (Water Well Contractor Licensing Requirements)

62-532 (Water Well Permitting and Construction Requirements)

62-550 (Drinking Water Standards, Monitoring and Reporting)

62-555 (permitting, Construction, Operation, and Maintenance ofPublic Water

Systems)

62-560 (Requirements for Public Water Systems That Are Out ofCompliance)

Florida Department ofEnvironmental Protection

Conditions ofCertification

9/_,'2012

3

Port Everglades Next Generation Clean Energy Center

PA 12-57
SECTION A: GENERAL CONDITIONS

62-600 (Domestic Wastewater Facilities)

62-601 (Domestic Wastewater Treatment Plant Monitoring)

62-604 (Collection Systems and Transmission Facilities)

62-610 (Reuse ofReclaimed Water and Land Application)

62-620 (Wastewater Facility and Activities Permitting)

62-621 (Generic Permits)

62-650 (Water Quality Based Efiluent Limitations)

62-660 (Industrial Wastewater Facilities)

62-699 (Classification and Staffmg ofWater or Domestic Wastewater Treatment

Plants and Water Distribution Systems)

62-701 (Solid Waste Management Facilities)

62-702 (Solid Waste Combustor Ash Management)

62-710 (Used Oil Management)

62-730 (Hazardous Waste)

62-737 (Management of Spent Mercury-Containing Lamps and Devices Destined For

Recycling)

62-740 (Petroleum Contact Water)

62-761 (Underground Storage Tank Systems)

62-762 (Aboveground Storage Tank Systems)

62-769 (Florida Petroleum Liability and Restoration Insurance Program)

62-770 (Petroleum Contamination Site Clean-Up Criteria)

62-780 (Contaminated Site Clean-Up Criteria)

62-807 (Natural Gas Transmission Pipeline)

62-814 (Electric and Magnetic Fields)

64E-6 (Standards for Onsite Sewage Treatment and Disposal Systems)

40E-4 (Surface Water Management)

40E-40 (General Surface Water Management Permits)

40E-4l (Surface water Management Basin and Related Criteria)

Basis ofReview for ERP Applications

III. REVISIONS TO DEPARTMENT STATUTES AND RULES

A. The Licensee shall comply with rules adopted by the Department subsequent to

the issuance ofthe Certification under the PPSA which prescribe new or stricter criteria, to the

extent that the rules are applicable to electrical power plants. Except when express variances,

exceptions, exemptions, or other relief have been granted, subsequently adopted Department

rules which prescribe new or stricter criteria shall operate as automatic modifications to the

Certification.

B. Upon written notification to the Department, the Licensee may choose to

operate the certified electrical power plant in compliance with any rule subsequently adopted by

the Department which prescribes criteria more lenient than the criteria required by the terms and

Conditions in the Certification which are not site-specific.

[Section 403.511(5)(a) and (b), F.S; subsection 62-4.160(10), F.A.C.]

IV. DEFINITIONS

The meaning ofterms used herein shall be governed by the applicable definitions

contained in Chapters 373 and 403, F.S., and any regulation adopted pursuant thereto. In the

Florida Department ofEnvironmental Protection

Conditions ofCertification

4

Port Everglades Next GeneraJion Clean Energy Center

PA 12-57
SECTION A: GENERAL CONDITIONS

event of any dispute over the meaning of a term used in these Conditions which is not defined in

such statutes or regulations, such dispute shall be resolved by reference to the most relevant

defmitions contained in any other state or federal statute or regulation or, in the alternative by the

use ofthe commonly accepted meaning. As used herein, the following shall apply:

A. "Application" means the documents required by the Depamnent to be filed to

initiate a certification review and evaluation, including the initial document filing, amendments,

and responses to requests from the Department for additional data and information. For purposes

ofthis license, the Site Certification application shall also include materials submitted for postcertification amendments and petitions for modification to the Conditions ofCertification, as

well as supplemental applications.

B. "Associated Facilities" is defmed by Section 403.503(7), F.S.

C. "Certified Area" means the area within the site in which the certified facilities

are located. For linear facilities this tenn shall mean the area encompassed by the boundaries of

the certified easements and/or ROWs.

D. "Certified Facility" or "Certified Facilities" means the certified electrical power

generation facilities and all on- or off-site associated structures including but not limited to:

steam generating units, transformers, substations, fuel and water storage tanks, air and water

pollution control equipment, storm water control ponds and facilities, cooling towers, and related

structures. This term shall also mean linear and associated facilities, including but not limited to:

transmission lines, natural gas pipelines, and compressor stations.

E. "DEO" means the Florida Department ofEconomic Opportunity.

F. "DEM" shall mean the Florida Division ofEmergency Management.

G. "DEP" or "Department" means the Florida Department ofEnvironmental

Protection.

H. "DHR" means the Florida Department of State, Division ofHistorical

Resources.

I. "DOT' means the Florida Department ofTransportation.

J. "Emergency conditions" or "Emergency reporting" means urgent circumstances

involving potential adverse consequences to human life or property as a result ofweather

conditions or other calamity.

K. "Feasible" or "Practical" means reasonably achievable considering a balance of

land use impacts, environmental impacts, engineering constraints, and costs.

L. "FWC" means the Florida Fish and Wildlife Conservation Commission.

M. "Licensee" means an applicant that has obtained a Certification order for the

subject project.

N. "NPDES permit" means a federal National Pollutant Discharge Permit System

permit issued by DEP in accordance with the federal Clean Water Act.

O. "Port Everglades" means the FPL Port Everglades Plant in Broward County,

Florida.

P. "PEEC" means the FPL Port Everglades Next Generation Clean Energy Center.

Florida Department ofEnviromnental Protection

Conditions ofCertification

9/_,'2012

5

Port Everglades Next Generation Clean Energy Center

PA 12·57
SECTION A: GENERAL CONDITIONS

Q. "PSD permit" means a federal Prevention of Significant Deterioration air

emissions permit issued by DEP in accordance with the federal Clean Air Act.

R "ROW" means the right-of-way to be selected by the Licensee within the

certified corridor in accordance with the Conditions ofCertification and as defined in Section

403.503(27), F.S.

S. "Site" means any proposed location within which will be located an electrical

power plant's generating facility and onsite support facilities, or an alteration or addition of

electrical generating facilities and onsite support facilities resulting in an increase in generating

capacity, including offshore sites within state jurisdiction.

T. "SFWMD" means the South Florida Water Management District.

U. "Surface Water Management System" or "System" means a stormwater

management system, dam, impoundment, reservoir, appurtenant work, or works, or any

combination thereof. The terms "surface water management system" or "system" include areas

of dredging or filling, as those terms are defmed in Sections 373.403(13) and (14), F.S.

V. "Title V permit" means a federal permit issued by DEP in accordance with Title

V provisions ofthe federal Clean Air Act.

V. DEPARTMENTPERNUTSUNDERFEDERALPROGRAMS

This Certification is not a waiver of any other Department approval that may be

required under federally delegated or approved programs. The provisions ofthe following

federal permits shall be Conditions ofthis Certification to the extent the provisions ofthose

permits apply to the certified facility(ies). The Licensee shall comply with the applicable

provisions and limitations set forth in the permits listed below, and as those provisions may be

modified, amended, or renewed in the future by the Department. The Department may consider

a violation of any ofthese permits as a violation ofthis license.

A. Air

All Air Construction Permits and Title V Air Operation Permits in force for the

certified parts offacility ID 0110036 are incorporated by reference herein as part ofthese

Conditions. The Air Construction and Title V Air Operation Permits can be found at this web

link using the facility ill number listed above:

http://appprod.dep.state.fl.us/air/emissionlapds/default.asp.

[Chapters 62-4, 62-204, 62-210, 62-212, 62-213, 62-214, 62-296, and 62-297,

F.A.C.]

B. Water

1. NPDES Industrial Wastewater Discharge

Licensee shall comply with all applicable provisions ofNPDES permit

No. FL0001538 (attached as Appendix I) as well as any subsequent modifications, amendments

and/or renewals.

[Chapter 62-620, F.A.C.]

2. NPDES Generic Permit for Stormwater Discharge from Large and Small

Construction Activities (CGP)

Florida Department ofEnvironmental Protection

Conditions ofCertification

9:_.'2012

6

Port Everglades Next Genera/ion Clean Energy Center

PA 12-57
SECTION A: GENERAL CONDITIONS

Any stonn water discharges associated with construction activities on the

site shall be in accordance with all applicable provisions ofChapter 62-621, F.A.C. Prior to

commencing construction activities on the site that:

• contribute to stonnwater discharges to surface waters ofthe State or

into a municipal separate stonn sewer system (MS4); and

• disturb one or more acres ofland (less than one acre ifthe activity is

part of a larger common plan of development);

a Generic Permit for Stonnwater Discharge from Large and Small

Construction Activities (CGP) must be obtained as applicable.

[Section 403.0885, F.S.; Rule 62-621.300, F.A.C.]

3. NPDES Multi-Sector Generic Permit for Stonnwater Discharge Associated

with Industrial Activity.

Any stonn water discharges associated with industrial activity on the site

shall be in accordance with all applicable provisions ofChapter 62-621, F.A.C. For industrial

activities at the site that result in a discharge ofstonnwater to surface waters ofthe State or into a

municipal separate stonn sewer system (MS4), and fall under anyone ofthe 11 categories of

industrial activities identified in 40 CPR 122.26(b)(14), a Multi-Sector Generic Pennit for

Stonnwater Discharge Associated with Industrial Activity (MSGP) shall be obtained as

applicable.

[Section 403.0885, F.S.; Rule 62-621.300, F.A.C.]

4. NPDES Generic Pennit for Discharge ofProduced Ground Water from any

Non-Contaminated Site Activity

Prior to discharge ofproduced ground water from any non-contaminated

site activity which discharges by a point source to surface waters ofthe State, as defined in

Chapter 62-620, F.A.C., the Licensee must first obtain coverage under the Generic Permit for

Discharge ofProduced Ground Water From any Non-Contaminated Site Activity. Similarly, if

the activity involves a point source discharge of ground water from a petroleum contaminated

site, the Licensee must obtain coverage under the Generic Permit for discharge from petroleum

contaminated sites. Before discharge ofground water can occur from such sites, analytical tests

on samples ofthe proposed untreated discharge water shall be perfonned as required by Rule 62-

621.300, F.A.C., to determine ifthe activity can be covered by either permit.

Ifthe activity cannot be covered by either generic permit, the Licensee

shall apply for an individual wastewater permit at least ninety (90) days prior to the date

discharge to surface waters ofthe State is expected. No discharge to surface water is pennissible

without an effective pennit.

[Section 403.0885, F.s.; Rule 62-621.300, F.A.C.]

VI. DESIGN AND PERFORMANCE CRITERIA

Certification, including these Conditions, is predicated upon preliminary designs,

concepts, and perfonnance criteria described in the SCA or in testimony and exhibits in support

ofCertification. Final engineering design will be consistent and in substantial compliance with

the preliminary infonnation described in the SCA or as explained at the Certification hearing (if

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any). Conformance to those criteria, unless specifically modified in accordance with Sections

403.516,403.5315,403.9418, F.S., and Rule 62-17.211, F.A.C., is binding upon the Licensee in

the design, construction, operation and maintenance ofthe certified facility.

[Sections 403.511 (2)(a) and 403.516, F.S.; Rules 62-4.160(2) and 62-17.211, F.A.C.]

VII. NOTIFICATION

A. If, for any reason, the Licensee does not comply with or will be unable to

comply with any Condition or limitation specified in this license, the Licensee shall immediately

provide the appropriate DEP District and/or Branch Office with the following information:

1. A description of and cause ofnoncompliance; and

2. The period ofnoncompliance, including dates and times; or, ifnot

corrected, the anticipated time the noncompliance is expected to continue, and steps being taken

to reduce, eliminate, and prevent recurrence ofthe noncompliance. The Licensee shall be

responsible for any and all damages which may result and may be subject to enforcement action

by the Department for penalties or for revocation ofthis Certification.

All notifications which are made in writing shall additionally be immediately

provided to the Siting Coordination Office (SCO) via email toSCO@dep.state.fl.us.

[subsection 62-4.160(8), F.A.C.]

B. The Licensee shall promptly notify the SCO in writing of any previously

submitted information concerning the certified facility that is later discovered to be inaccurate.

[subsection 62-4.160(15), F.A. C.]

C. Within 60 days after Certification of any associated linear facility the Licensee

shall file a notice ofthe certified route with the Department and the clerk ofthe circuit court for

each county through which the corridor will pass.

The notice shall consist ofmaps or aerial photographs in the scale of 1:24,000

which clearly show the location ofthe certified route and shall state that the Certification ofthe

corridor will result in the acquisition ofrights-of-way within the corridor. The Licensee shall

certify to the Department and clerk that all lands required for the transmission line rights-of-way

within the corridor have been acquired within such county.

[Section 403.5112, F.S.]

VIII. REPLACEMENT FOR RESTORATION OF SYSTEM INTEGRITY

A. The Department will use its enforcement discretion when evaluating violations

that result from operating the certified facility under emergency conditions. During and after the

emergency conditions, the Licensee must use due diligence to bring the facility back into

compliance as soon as possible. In addition, the Licensee must use its best efforts and best

management practices to minimize adverse environmental impacts. The Licensee shall notify

the SCO and the appropriate DEP District Office when the emergency condition has ended.

Furthermore, the Licensee must include all monitoring data, which would otherwise be required

under normal operating circumstances, recorded during emergency conditions when submitting

reports as required by these Conditions. Any exceedances and/or violations recorded during

emergency conditions shall be reported as such, but the Department acknowledges that it intends

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to use its enforcement discretion during this timeframe. This acknowledgement by the

Department does not constitute a waiver or variance from any requirements of any federal

permit. Relieffrom any federal agency must be separately sought.

[Sections 403.511,403.531, and 403.9416, F.S.]

IX. CONSTRUCTION PRACTICES

A. Local Building Codes

Subject to the Conditions set forth herein, this certification constitutes the sole

license ofthe state and any agency as to the approval ofthe location ofthe site and any

associated facility and the construction and operation of any certified facility. The Licensee is

not required to obtain building permits for certified facilities. However, this certification shall

not affect in any way the right of any local government to charge appropriate fees or require that

construction ofinstallations used by the electric utility that are not an integral part of a

generating plant. substation, or control center (such as office buildings, warehouses, garages,

machine shops, and recreational buildings) be in compliance with applicable building

construction codes. Such fees and compliance with such construction codes are outside ofthe

scope ofthis certification.

[Section 403.511(4), F.S.]

B. Open Burning

Prior to open burning in connection with land clearing, the Licensee shall seek

authorization from the Florida Forest Service in accordance with the requirements ofChapters

62-256 and 51-2, F.A.C.

[Chapters 51-2 and 62-256, F.A.C.]

C. Flood Control Protection

The certified facilities shall be constructed in a manner that complies with any

applicable non-procedural County flood protection requirements.

D. Sanitary Wastes

Disposal ofsanitary wastes from construction toilet facilities shall be in

accordance with applicable regulations ofthe DEP and Broward County health agency.

E. Vegetation

For areas located in any Florida Department ofTransportation (DOT) ROW,

Chapter 7 ofthe Florida DOT Utility Accommodation Manual available on the DOT website

(http://www2.dot.state.fl.us/proceduraldocuments/procedures/bin/71002000I/Chapter-7.pdf)

shall serve as guidelines for best management practices.

F. Existing Underground Utilities

The Licensee must follow all applicable portions ofthe Underground Facility

Damage Prevention and Safety Act, Chapter 556, F.S. The Licensee shall provide the affected

local government and the SCO with copies ofvalid tickets obtained from Sunshine State One

Call ofFlorida upon request. Tickets shall be available for request until the underground work is

completed for the affected area.

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{Chapter 556, F.S.j

G. Electric and Magnetic Fields (EMF)

Any transmission lines and electrical substations shall comply with the

applicable requirements ofChapter 62-814, F.A.C.

(Chapter 62-814, F.A.C.j

H. Existing Wells

Any existing wells to be impacted in the path of construction that will no longer

be used shall be abandoned by a licensed well contractor. All abandoned wells shall be filled

and sealed in accordance with subsection 62-532.500(5), F.A.C., or with the rules ofthe

authorizing agency, or consistent with these Conditions.

(Rules 62-532.400 and 62-532.500(5), F.A.C.j

L Abandonment ofExisting Septic Tanks

Any existing septic tanks to be impacted by construction and that will no longer

be used shall be abandoned in accordance with Ru1e 64E-6.011, F.A.C., unless these Conditions

provide otherwise.

{Chapter 64E-6, F.A.C.]

X. RIGHT OF ENTRY

A. Upon presentation of credentials or other documents as may be required by law

the Licensee shall allow authorized representatives ofthe Department or other agencies with

jurisdiction over a portion ofthe certified facility and any authorized off-site

mitigation/compensation or otherwise associated areas:

1. At reasonable times, to enter upon the certified facility in order to monitor

activities within their respective jurisdictions for purposes of assessing compliance with this

Certification; or

2. During business hours, to enter the Licensee's premises in which records

are required to be kept under this Certification; and to have access to and copy any records

required to be kept under this Certification.

B. When requested by the Department, on its own behalfor on behalfof another

agency with regulatory jurisdiction, the Licensee shall within 10 working days, or such longer

period as may be mutually agreed upon by the Department and the Licensee, furnish any

information required by law, which is needed to determine compliance with the Certification. If

the Licensee becomes aware that relevant facts were not submitted or were incorrect in the SCA

or in any report to the Department or other agencies, such facts or information shall be promptly

corrected and submitted.

(paragraph 62-4. 160(7)(a) and subsection 62-4.160(15), F.A. C.j

XI. DISPUTE RESOLUTION

A. General

Ifa situation arises in which mutual agreement between either the Department and the

Licensee, or the Department and an agency with substantive regulatory jurisdiction over a matter

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cannot be reached, the Department shall act as a facilitator in an attempt to resolve the issue. If

the dispute is not resolved in this initial informal meeting, Licensee may request a second

informal meeting in which both Licensee and the agency with substantive regulatory jurisdiction

over the matter at issue can participate in an attempt to resolve the issue. If, after such meetings,

a mutual agreement cannot be reached between the parties, then the matter shall be referred to

the Division ofAdministrative Hearings (DOAH) for disposition in accordance with the

provisions ofChapter 120, F.S. The Licensee or the Department may request DOAH to establish

an expedited schedule for the processing ofsuch a dispute. Any filing with DOAH shall state

with particularity the specific project and geographic location to which the dispute relates. Work

unrelated to the specific project and in areas other than the location to which the dispute relates

will not be affected by the dispute.

B. Modifications

Ifwritten objections are filed regarding a modification, and the objections address

only a portion of a requested modification, then the department shall issue a Final Order

approving the portion ofthe modification to which no objections were filed, unless that portion

ofthe requested modification is substantially related to or necessary to implement the portion to

which written objections are filed.

e. Post-Certification Submittals

Ifit is determined, after assessment of a post-certification submittal, that

compliance with the Conditions will not be achieved for a particular portion of a submittal, the

Department may make a separate assessment ofother portions ofthe submittal, unless those

portions ofthe submittal are substantially related to or necessary to implement that portion for

which it has been determined that compliance with the Conditions will not be achieved.

[Sections 120.57, F.S. and Rule 62-17.211, F.A.C.]

XII. SEVERABILITY

The provisions ofthis Certification are severable, and if any provision ofthis

Certification or the application of any provision ofthis Certification to any circumstance is held

invalid, the remainder ofthe Certification or the application ofsuch provision to other

circumstances shall not be affected thereby.

XIII. ENFORCEMENT

A. The terms, conditions, requirements, limitations and restrictions set forth in

these Conditions are binding and enforceable pursuant to Sections 403.141, 403.161, 403.514,

403.727, and 403.859 through 403.861, F.S., as applicable. Any noncompliance by the Licensee

with these Conditions constitutes a violation ofChapter 403, F.S., and is grounds for

enforcement action, license termination, license revocation, or license revision. The Licensee is

placed on notice that the Department may review this Certification periodically and may initiate

enforcement action for any violation ofthese Conditions.

B. All records, notes, monitoring data and other information relating to the

construction or operation ofthe certified facility which are submitted to the Department may be

used by the Department as evidence in any enforcement case involving the certified facility and

arising under the Florida Statutes or Department rules, subject to the restrictions in Sections

403.111 and 403.73, F.S. During enforcement actions, the retention period for all records will be

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extended automatically unless othelWise stipulated by the Department. Such evidence shall only

be used to the extent it is consistent with the Florida Rules ofCivil Procedure and appropriate

evidentiary rules.

[Sections 403.121,403.131,403.141, 403.151, 403.161, and 403.514, F.S.; subsections 62-

4.160(1) and 62-4.160(9), F.A.C.]

XIV. REVOCATION OR SUSPENSION

The Certification shall be final unless revised, revoked or suspended pursuant to law.

This Certification may be suspended or revoked pursuant to Sections 403.512, F.S, or for

violations of any ofthese Conditions. This Certification is valid only for the specific processes

and operations identified in the SCA, or approved in the final order ofCertification, indicated in

the testimony and exhibits in support ofCertification, indicated in a post-certification submittal,

or approved in a subsequent amendment or modification ofthe Certification. Any unauthorized

deviation from the approved drawings, exhibits, specifications, or conditions ofthis approval

may constitute grounds for revocation and enforcement action by the Department. Any

enforcement action, including suspension and revocation, shall only affect the portion(s) ofthe

certified facility that are the cause ofsuch action, and other portions ofthe certified facility shall

remain unaffected by such action.

[Sections 403.512, F.S.; subsection 62-4.160(2), F.A.G.]

XV. REGULATORY COMPLIANCE

As provided in Sections 403.087(7) and 403.722(5), F.S., the issuance ofthis license

does not convey any vested rights or any exclusive privileges. Neither does it authorize any

injury to public or private property or any invasion ofpersonal rights, nor any infringement of

federal, state, or local laws or regulations. This license is not a waiver of or approval of any

other Department license/permit that may be required for other aspects ofthe certified facility

which are not addressed in this license. This license does not relieve the Licensee from liability

for harm or injury to human health or welfare, animal, or plant life, or public or private property

caused by the construction or operation ofthis certified facility, or from penalties therefore.

[subsections 62-4.160(3) and 62-4.160(5), F.A.G.}

XVI. CIVIL AND CRIMINAL LIABILITY

Except to the extent a variance, exception, exemption or other reliefis granted in the

final order ofCertification, in a subsequent modification to these Conditions, or as othelWise

provided under Chapter 403, F.S, this Certification does not relieve the Licensee from civil or

criminal penalties for noncompliance with any Condition ofCertification, applicable rules or

regulations ofthe Department, or any other state statutes or regulations which may apply.

[Sections 403.141,403.161,403.511, F.S.]

XVII. USE OF STATE LANDS

A. The issuance ofthis license conveys no title to land or water, does not constitute

State recognition or aclmowledgment oftitle, and does not constitute authority for the use of

submerged lands unless the necessary title or leasehold interests have been obtained from the

State. Only the Trustees ofthe Internal Improvement Trust Fund may express State opinion as to

title.

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B. If any portion ofthe certified facility is located on sovereign submerged lands,

state-owned uplands, or within an aquatic preserve, then the Licensee must comply with the

applicable portions ofChapters 18-2, 18-20, and 18-21, F.A.C., and Chapters 253 and 258, F.S.

If any portion ofthe certified facility is located on sovereign submerged lands, the Licensee must

submit section G ofthe Joint Application for Environmental Resource Permits to the Department

prior to construction. Ifany portion ofthe certified facility is located on state-owned uplands,

the Licensee must submit an Upland Easement Application to the Department prior to

construction.

C. If a portion ofthe certified facility is located on sovereign submerged lands or

state-owned uplands owned by the Board ofTrustees ofthe Internal Improvement Trust Fund,

pursuant to Article X, Section 11 ofthe Florida Constitution, then the proposed activity on such

lands requires a proprietary authorization. Under such circumstances, the proposed activity is

not exempt from the need to obtain a proprietary authorization. The Department has the

responsibility to review and take action on requests for proprietary authorization in accordance

with Rules 18-2.018 or 18-21.0051, F.A.C.

D. The Licensee is hereby advised that Florida law states: "No person shall

commence any excavation. construction, or other activity involving the use ofsovereign or other

state lands ofthe state, title to which is vested in the Board ofTrustees ofthe Internal

Improvement Trust Fund or the Department ofEnvironmental Protection under Chapter 253,

F.S., until such person has received from the Board ofTrustees ofthe Internal Improvement

Trust Fund the required lease, license, easement, or other form of consent authorizing the

proposed use." Pursuant to Chapter 18-14, F.A.C., ifsuch work is done without consent, or if a

person otherwise damages state land or products ofstate land, the Board ofTrustees may levy

administrative fines ofup to $10,000 per offense.

E. The terms, conditions, and provisions of any required lease or easement issued

by the State shall be met. Any construction activity associated with the certified facility shall not

commence on sovereign submerged lands or state owned uplands, title to which is held by the

Board ofTrustees ofthe Internal Improvement Trust Fund, until all required lease or easement

documents have been executed.

(Chapters 253 and 258, and Section 403.511, F.S.; Chapter 3.1.1. ofthe B.o.R.; Chapters 18-2,

18-14, 18-21, 62-340, and subsections 62-343.900(1) and 62-4.160(4), F.A.C.; Upland Easement

Application and Section G ofthe Environmental Resource PermitApplication Form.]

XVIll. PROCEDURAL RIGHTS

Except as specified in Chapter 403, F.S., or Chapter 62-17, F.A.C., no term or

Condition ofCertification shall be interpreted to preclude the post-certification exercise by any

party ofwhatever procedural rights it may have under Chapter 120, F.S., including those related

to rule-making proceedings.

(Section 403.511(5)(c), F.S.]

XIX. AGENCY ADDRESSES FOR POST-CERTIFICATION SUBMITTALS AND

NOTICES

Where a Condition requires post-certification submittals and/or notices to be sent to a

specific agency, the following agency addresses shall be used unless the Conditions specify

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otherwise or unless the Licensee and the Department are notified in writing of an agency's

change in address for such submittals and notices:

Florida Department ofEnvironmental Protection

Siting Coordination Office, MS 48

3900 Commonwealth Blvd.

Tallahassee, FL 32399-3900

Florida Department ofEnvironmental Protection

Southeast District Office

400 North Congress Ave., Ste. 200

West Palm Beach, FL 33401-2913

Florida Department ofEconomic Opportunity

Office ofthe Secretary

2555 Shumard Oak Blvd.

Tallahassee, FL 32399-2100

Florida Fish & Wildlife Conservation Commission

Office ofPolicy and Stakeholder Coordination

620 South Meridian Street

Tallahassee, FL 32399-1600

Florida Department ofTransportation

District Administration

605 Suwannee Street

Tallahassee, FL 32399-0450

Florida Department ofAgriculture and Consumer Services

Division of Forestry

3125 Conner Boulevard

Tallahassee, FL 32399-1650

South Florida Water Management District

Office ofGeneral Counsel

3301 GunClub Road

West Palm Beach, FL 33406

Florida Department of State

Division ofHistorical Resources

500 S. Bronough Street

Tallahassee, FL 32399-0250

City of Hollywood

Planning and Development Services

2600 Hollywood Boulevard, Rm. 315

Hollywood, FL 33022-9045

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Broward County

Office ofGeneral Counsel

115 S. Andrews Ave.

Ft. Lauderdale, FL 33301

(Section 403.511, F.S.]

XX. PROCEDURES FOR POST-CERTIFICATION SUBMITTALS

A. Purpose ofSubmittals

Conditions which provide for the post-certification submittal ofinformation to

DEP or other agencies by the Licensee are for the purpose offacilitating the agencies'

monitoring ofthe effects arising from the location ofthe certified facility and the construction

and maintenance ofthe certified facility. This monitoring is for DEP to assure, in consultation

with other agencies with applicable regulatory jurisdiction, continued compliance with these

Conditions, without further agency action. A submittal ofinformation or determination of

compliance pursuant to a post-certification submittal under this Condition does not provide a

point of entry for a third party.

B. Filings

All post-certification submittals ofinformation by Licensee are to be filed with

the SCO, the DEP District Office(s), and any other agency that is entitled to receive a submittal

pursuant to these Conditions. All filings with the SCQ shall be submitted in electronic .pdf

format only, unless otherwise requested. Each submittal shall clearly identify the certified

facility name, PA#, and the Condition number/s (i.e. Section X, Condition XX.y.(z» requiring

the submittal. As required by Section 403.5113(2), F.S., each post-certification submittal will be

reviewed by each agency with regulatory authority over the matters addressed in the submittal on

an expedited and priority basis.

(Section 403.5113, F.S., subsection 62-17.191(3), F.A.C.]

C. Completeness

DEP shall review each post-certification submittal for completeness. This

review may include consultation with the other agency/ies receiving the post-certification

submittal with regulatory jurisdiction over the matter addressed in the submittal. DEP's finding

of completeness shall specify the area ofthe certified facility affected, and shall not delay further

processing ofthe post-certification submittal for non-affected areas.

If any portion of a post-certification submittal is found to be incomplete, the

Licensee shall be so notified. Failure to issue such a notice within 30 days after filing ofthe

submittal shall constitute a finding of completeness. Subsequent fmdings ofincompleteness, if

any, shall address only the newly filed information.

(subparagraph 62-17.191(1)(c) 2, F.A.C.]

D. Interagency Meetings

DEP may conduct an interagency meeting with other agencies that received a

post-certification submittal. The purpose ofsuch an interagency meeting shall be for the

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agencies with regulatory jurisdiction over the matters addressed in the post-certification

submittal to discuss whether compliance with these Conditions has been provided. Failure of

DEP to conduct an interagency meeting or failure of any agency to attend an interagency

meeting shall not be grounds for DEP to withhold a determination of compliance with these

Conditions nor to delay the timeframes for review established by these Conditions. At DEP's

request, a field inspection shall be conducted with the Licensee and the agency representative in

conjunction with the interagency meeting.

E. Determination ofCompliance

DEP shall give written notification within 90 days, to the Licensee and the other

agency/ies to which the post-certification information was submitted ofDEP's determination of

whether there is demonstration of compliance with these Conditions. Ifit is determined that

compliance with the Conditions has not been provided, the Licensee shall be notified with

particularity ofthe deficiencies and possible corrective measures suggested. Failure to notify

Licensee in writing within 90 days ofreceipt of a complete post-certification submittal shall

constitute a determination of compliance. A post-certification compliance review may be the

basis for initiating modifications to the relevant Condition or to other related Conditions.

F. Commencement ofConstruction

IfDEP does not object within the time period specified in paragraph E. above,

Licensee may begin construction pursuant to the terms ofthese Conditions and the subsequently

submitted construction details.

G. Revisions to Design Previously Reviewedfor Compliance

Ifrevisions to site-specific designs occur after submittal, the Licensee shall

submit revised plans prior to construction for review in accordance with the post-certification

process specified in this Condition.

H. Variation to Submittal Requirements

DEP, in consultation with the appropriate agencies that have regulatory

authority over a matter to be addressed in a post-certification submittal, and Licensee may jointly

agree to vary any ofthe post-certification submittal requirements, provided the information

submitted is sufficient to provide reasonable assurances of compliance with these Conditions.

(Sections 120.569,373.413,373.416, and 403.511, F.S.; Rules 62-17.191 and 62-17.205,

F.A.C.]

XXI. POST-CERTIFICATION SUBMITTAL REQUIREMENTS SUMMARY

Within 90 days after Certification, and within 90 days after any subsequent

modification or Certification, the Licensee shall provide the Department a complete summary of

those post-certification submittals that are identified in these Conditions when due-dates for the

information required ofthe Licensee have been identified. A summary shall be provided as a

separate document for each transmission line, if any. Such submittals shall include, but are not

limited to, monitoring reports, management plans, wildlife surveys, etc. The summary shall be

provided to the SCO, in a sortable spreadsheet, electronically, in the format shown below or

equivalent. For subsequent modifications and certifications, a Post-Certification Submittal

Requirements Summary shall be required for only those resulting in new or altered postcertification requirements.

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Condition Number Requirement and Due Date Name ofAgency or

Timeframe Agency Subunit to

whom the submittal

is required to be

provided

[Section 403.5113, F.S.; Subsection 62-17.191(3), F.A.C.]

XXD. POST CERTIFICATION AMENDMENTS

If, subsequent to Certification, the Licensee proposes any material change to the SCA

and revisions or amendments thereto, as certified, the Licensee shall submit a written request for

amendment and a description ofthe proposed change to the SCA to the Department. Within 30

days after the receipt of a complete request for an amendment, the Department shall determine

whether the proposed change to the application requires a modification to the Conditions.

A. Ifthe Department concludes that the change would not require a modification to

the Conditions, the Department shall provide written notification ofthe approval ofthe proposed

amendment to the Licensee, all agencies, and all other parties to the Certification.

B. Ifthe Department concludes that the change would require a modification to the

Conditions, the Department shall provide written notification to the Licensee that the proposed

change to the SCA requires a request for modification pursuant to Sections 403.516, F.S.

[Section 403.5113, F.SJ

XXIII. MODIFICATION OF CERTIFICATION

A. Pursuant to Sections 403.516(1)(a), F.s., and Rule 62-17.211, F.A.C., the Siting

Board hereby delegates the authority to the Department to modify any Condition which would

not otherwise require approval by the Siting Board, after notice and receipt ofno objection by a

party to the Certification within 45 days after notice by mail to the party's last address ofrecord,

and ifno other person whose substantial interests will be affected by the modification objects in

writing within 30 days ofpublic notice.

B. The Department may modify Conditions, in accordance with Section

403.516(1)(b), F.S., which are inconsistent with the terms of any subsequent and separately

DEP-issued permits, permit amendments, permit modifications, or permit renewals under a

federally delegated or federally approved permit program. Such modification may be made

without further notice ifthe matter has been previously noticed under the requirements for any

federally delegated or approved permit program.

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C. In accordance with Section 403.5l6(l)(c), F.S., the Licensee may file a petition

for modification with the Department, or the Department may initiate the modification upon its

own initiative.

D. Any anticipated facility expansions, production increases, or process

modifications which may result in new, different or increased discharge or emission of

pollutants, change in fuel, or expansion in generating capacity must be reported by submission of

an appropriate request for an amendment, modification, or certification.

E. Any anticipated facility change that results in a change to the Site Delineation or

the Delineation ofthe Certified Area, attached hereto as part of Attachment A (Maps), must be

accompanied by a map or aerial photo showing the proposed new boundaries ofthe site and/or

certified area. Within 120 days after completion of construction ofthe approved facility change,

the Licensee shall provide the information required by Section A. General Conditions, Condition

I. Scope, paragraphs D, E, F, or G, as appropriate.

[Sections 120.569(2)(n), 403.511(5)(a), and 403.516, F.S.; Rule 62-17.211, F.A.G.]

XXIV. INCORPORATION OF EXISTING STATE AND LOCAL

PERMITSILICENSES

The operation ofthe certified facility shall be in accordance with all applicable

provisions of any state or local government regulation. All state and locally issued permits are

intended to be incorporated herein, such that the Licensee shall comply with the substantive

provisions and limitations set forth in those permits. The inadvertent omission of any state or

locally issued permit/approval from these Conditions can be remedied by a modification ofthe

Conditions to include provisions from the state or locally issued permit/approval.

At any time following certification, should the Licensee become aware of any state or

locally issued permit/approval not included herein, the Licensee shall promptly notify the SCQ

for incorporation into these Conditions. Likewise, when the Department is made aware of any

separately issued permits/approvals that were inadvertently not included in the Conditions, the

Conditions will be modified to incorporate the substantive provisions and limitations of any such

permit/approval.

XXV. COASTAL ZONE CONSISTENCY

Pursuant to Sections 373.428 and 403.511, F.S., certification ofthe facility constitutes

the State's concurrence that the licensed activity or use is consistent with the federally approved

program under the Florida Coastal Management Act.

[Sections 373.428,380.23 and 403.511(7), F.S.]

XXVI. FINANCIAL RESPONSIBILITY

The Department may require the Licensee to submit proofoffinancial responsibility

and may require the Licensee to post an appropriate bond in those instances where the

Department is authorized to require proofoffmancial responsibility or a bond pursuant to a law

or Department rule that is applicable to the certified facility.

[Rule 62-4.110, F.A.C.]

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XXVII. TRANSFER OF CERTIFICATION

A. This Certification is transferable in whole or in part, upon Department approval,

to an entity determined to be able to comply with these Conditions. A transfer ofCertification of

all or part ofthe certified facility may be initiated by the Licensee's filing of a Notice ofIntent to

Transfer Certification with the Department and the parties. The notice ofintent shall identify the

intended new Certification holder or Licensee and the identity ofthe entity responsible for

compliance with the Certification. Parties shall have 30 days to file in writing with the

Department any objections to transfer ofthe certification. Upon the filing with the Department of

a written agreement from the intended new Licensee to abide by all the Conditions of

Certification and applicable laws and regulations, the transfer shall be approved unless the

Department objects to the transfer on the grounds ofthe inability ofthe new Licensee to comply

with the Conditions ofCertification, specifies in writing its reasons therefore, and gives notice

and opportunity to petition for a Section 120.57, F.S., administrative hearing. Upon approval,

the Department will initiate a modification to the Conditions to reflect the change in ownership

in accordance with Rule 62-17.211, F.A.C.

B. In the event ofthe dissolution ofthe Licensee, the Department may transfer

Certification to successor entities which are determined to be competent to construct, operate and

maintain the certified facility in accordance with the Conditions ofCertification and which are

proper applicants as defined by the PPSA. Upon determination that such a successor entity

complies with the requirements for transfer ofCertification, the Department will initiate a

modification to the Conditions to reflect the change in ownership in accordance with Rule 62-

17.211, F.A.C.

[Rule 62-17.211, F.A.C}

XXVIII. LABORATORIES AND QUALITY ASSURANCE

Chemical, physical, biological, microbiological and toxicological data collected as a

requirement ofthese Conditions must be reliable, and collected and analyzed by scientifically

sound procedures. Unless otherwise specified in these Conditions, the Licensee shall adhere to

the minimum field and laboratory quality assurance, methodological and reporting requirements

ofthe Department as set forth in Chapter 62-160, F.A.C. Standard Operating Procedures can be

downloaded from the following website: http://www.dep.state.fl.us/labs/ga/sops.htm.

[Rule 62-160, F.A.C.}

XXIX. ENVIRONMENTAL RESOURCES

A. General

1. Submittals for Construction Activities

a. Prior to the commencement of construction ofnew facilities and/or

associated facilities the Licensee shall provide to the appropriate DEP District's Environmental

Resource Permitting Section(s) for review, all information necessary for a complete Joint

Applicationfor Environmental Resource Permit (ERP), DEP Form 62-343.900(1), F.A.C.

This form may: a) have been submitted concurrently with a SCA;

b) be submitted as part of an amendment request or a petition for modification; or c) be

submitted as a post-certification submittal following approval of a project through certification,

modification or amendment. Such ERP submittals, once received, shall be reviewed in

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accordance with the non-procedural standards and criteria for issuance of an ERP, including all

the provisions related to reduction and elimination ofimpacts, conditions for issuance, additional

conditions for issuance, and mitigation contained in Chapters 62-330, 62-341, and 62-343,

F.AC., as applicable unless otherwise stated in these Conditions.

Those forms submitted as part of a SCA, an amendment, or

modification, shall be processed concurrently with, and under the respective certification,

amendment, or modification procedures. Those forms submitted as a post-certification submittal

(after certification, modification, or amendment and prior to construction) shall be processed in

accordance with Section A Condition XX. Procedures for Post-Certification Submittals.

No construction shall commence on a Project feature, or in a

particular segment for a linear facility, until the Department has determined that there is a

demonstration of compliance with these Conditions. For post-certification submittal reviews, the

Department's detennination is governed by Section A, Condition XX. Procedures for PostCertification Submittals.

b. Concurrent with submittal ofthe DEP form required in

Subparagraph Al.a., above, the Licensee shall submit, as applicable, a survey ofwetland and

surface water areas as delineated in accordance with Chapter 62-340, F.AC., and verified by

appropriate agency stafffor Department approval. Available DEP-approved wetland and surface

water delineations within the boundaries of a certified site or a portion thereofmay be used and

reproduced for this delineation submittal and verification.

[Chapter 62-340, FA. C.]

[Section 373.416, F.S.; subsections 62-343.070(2) and 62-346.070(2),

paragraph 62-343.090(2)(b), and Form 62-343.900(1), FA.C.]

2 Construction, operation and maintenance ofthe proposed project

(including any access roads and structures constructed within wetlands and other surface waters,

and/or associated facilities) shall satisfy any applicable non-procedural requirements in the

Department rules.

[Section 373.414(1)(a), FS.}

3. Any delineation ofthe extent of a wetland or other surface water

submitted as part ofthe DEP ERP Application Form required by Subparagraph A1.a. above,

including plans or other supporting documentation, shall not be considered binding on the

Department unless a specific Condition ofthis Certification or a formal wetlands jurisdictional

determination under Section 373.421(2), F.S., provides otherwise.

[Sections 373.421, 403.504, and 403.523, F.S.}

B. Surface Water Management

1. Information regarding surface water management systems (SWMS) will

be reviewed for consistency with the applicable non-procedural requirements of Part IV of

Chapter 373, F.AC. following submittal of Form 62-343.900(1) to the appropriate office ofthe

Department.

2. All construction, operation, and maintenance ofthe surface water

management system(s) for the certified facilities shall be as set forth in the plans, specifications and

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perfonnance criteria contained in the Application and other materials presented during the

certification proceeding, post-certification submittals, and as otherwise approved. Ifspecific

requirements are necessary for construction, operation and/or maintenance ofan approved SWMS,

those requirements shall be incorporated into a SWMS Plan for that system and included in

Attachment B, as well as any subsequent alterations, amendments, and/or modifications thereto.

Any alteration or modification to the SWMS Plan or the surface water management system as

certified shall require prior approval from the Department.

3. To allow for stabilization of all disturbed areas, immediately prior to

construction, during construction, and for the period oftime after construction ofthe SWMS, the

Licensee shall implement and maintain erosion and sediment control best management practices,

such as silt fences, erosion control blankets, mulch, sediment traps, polyacrylamide (PAM),

temporary grass seed, permanent sod, and floating turbidity screens to retain sediment on-site

and to prevent violations ofstate water quality standards. These devices shall be installed, used,

and maintained at all locations where the possibility exists oftransferring suspended solids into

the receiving waterbody due to the licensed work, and shall remain in place at all locations until

construction in that location is completed and soils are pennanently stabilized. All best

management practices shall be in accordance with the guidelines and specifications described in

the State ofFlorida Erosion and Sediment Control Designer and Reviewer Manual (Florida

Department ofTransportation and Florida Department ofEnvironmental Protection, by

HydroDynamics Incorporated in cooperation with Stonnwater Management Academy, June

2007) unless a project-specific erosion and sediment control plan is approved as part ofthis

License. Ifproject-specific Conditions require additional measures during any phase of

construction or operation to prevent erosion or control sediments beyond those specified in the

approved erosion and sediment control plan, the Licensee shall implement additional best

management practices as necessary, in accordance with the guidelines and specifications in the

State ofFlorida Erosion and Sediment Control Designer and Reviewer Manual. The Licensee

shall correct any erosion or shoaling that causes adverse impacts to the water resources as soon

as feasible. Once project construction is complete in an area, including the re-stabilization of all

side slopes, embankments and other disturbed areas, and before conversion to the operation and

maintenance phase, all silt screens and fences, temporary baffles, and other materials that are no

longer required for erosion and sediment control shall be removed.

4. The Licensee shall complete construction ofall aspects ofthe surface

water management system described in the ERP Application Fonn, submitted as part of a postcertification submittal, amendment, modification, or certification application including water

quality treatment features, and discharge control facilities prior to use ofthe portion ofthe

certified facility being served by the surface water management system.

5. At least 48 hours prior to the commencement of construction of any new

surface water management system authorized by this Certification, the Licensee shall submit to

the Department a written notification of commencement using an "Environmental Resource

Pennit Construction Commencement Notice" (DEP Fonn 62-343.900(3), F.A.C.), indicating the

actual start date and the expected completion date. When the duration of construction will

exceed one year, the Licensee shall submit construction status reports to the Department on an

annual basis utilizing an "Annual Status Report Fonn" (DEP Fonn No. 62-343.900(4), F.A.C.).

Status Report Fonns shall be submitted the following June of each year.

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6 Each phase or independent portion ofthe approved system must be

completed in accordance with the submitted DEP Form prior to the operation ofthe portion of

the certified facility being served by that portion or phase ofthe system.

7. Within 30 days after completion of construction of any new portions ofthe

surface water management system, the Licensee shall submit to the SCO and DEP District Office

a written statement of completion and certification by a registered professional engineer (p.E.),

or other appropriate registered professional, as authorized by law, utilizing the required "AsBuilt Certification by a Registered Professional" (DEP Form 62-343.900(5), F.AC).

Additionally, ifdeviations from the approved drawings are discovered, the As-Built Certification

must be accompanied by a copy ofthe approved drawings with deviations noted.

8. Any substantial deviation from the approved drawings, exhibits,

specifications or Conditions, may constitute grounds for revocation or enforcement action by the

Department. Examples ofsubstantial deviations may include excavation ofponds, ditches or

sump areas deeper than shown on the approved plans.

9. Prior to converting a construction phase surface water management system

to an operation phase surface water management system, the Licensee shall submit to the

Department a "Request for Transfer ofEnvironmental Resource Pennit Construction Phase to

Operation Phase" (DEP Fonn 62-343.900(7), F.AC). The operation phase of any new surface

water management system approved by the Department shall not become effective until the

Licensee has complied with the requirements ofthe Conditions herein, the Department

determines the system to be in compliance with the approved plans, and the entity approved by

the Department accepts responsibility for operation and maintenance ofthe system.

10. The DEP District ERP Section must be notified in advance of any proposed

construction dewatering. Ifthe dewatering activity is likely to result in offsite discharge or sediment

transport into wetlands or surface waters, a written dewatering plan must be submitted to and

approved by the Department prior to the dewatering event. Additional authorizations may be

required for certain dewatering discharges.

[Section 373.414, F.S.; Chapters 62-25, 62-302, 62-330, 62-343, and Rule 62-4.242,

F.A.C.]

C Wetland and Other Surface Water Impacts

1. All certified facilities shall be constructed in a manner which will

eliminate or reduce adverse impacts to on-site and/or adjacent wetlands or other surface waters to

the extent practicable or otherwise comply with substantive criteria for elimination or reduction.

When impacts to wetlands will occur as a result of a future amendment, modification, or

certification, and cannot be practicably eliminated or reduced, the Licensee may propose and the

Department or Board shall consider mitigation to offset otherwise unpermittable activities under

the Environmental Resource Permit review process pursuant to Condition AI. above.

2. Proposed mitigation plans submitted with the DEP ERP Application form

required in Condition AI.a. above, or submitted and approved as part of an amendment,

modification, or certification, and that are deemed acceptable by DEP, shall include applicable

construction conditions, success criteria and monitoring plans, and shall be incorporated into

these Conditions as Attachment C (Mitigation Plans).

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[Sections 373.413,373.414, 373.4145, 403.511, 403.531, and 403.814(6), F.S.;

Chapters 62-330, 62-341 62-342, 62-343, and 62-345, F.A.C.}

XXX. THIRD PARTY IMPACTS

The Licensee is responsible for maintaining compliance with these Conditions even

when third party activities authorized by the Licensee occur in or on the certified area. Such

third party activities authorized by the Licensee may include but are not limited to mining,

hunting, and timbering.

[Sections 403.506(1) and 403.524(1), F.S.}

XXXI. FACILITY OPERATION

The Licensee shall properly operate and maintain the certified facility and systems of

treatment and control (and related appurtenances) that are installed and used by the Licensee to

achieve compliance with these Conditions, as required by the fmal order ofCertification, these

Conditions, or a post-certification amendment or modification. This provision includes the

operation ofbackup or auxiliary facilities or similar systems when necessary to achieve

compliance with the fmal order ofCertification, these Conditions, or a post-certification

amendment or modification. Further, the Licensee shall take all reasonable steps to minimize any

adverse impact resulting from noncompliance with any limitation specified in this Certification,

including such accelerated or additional monitoring as necessary to determine the nature and

impact ofthe noncomplying event.

[subsection 62-4.160(6), F.A.C.}

XXXII. RECORDS MAINTAINED AT THE FACILITY

A. These Conditions or a copy thereofshall be kept at the site.

B. Upon request, the Licensee shall furnish all records and plans required under

Department rules. During enforcement actions, the retention period for all records will be

extended automatically unless otherwise stipulated by the Department.

C. The Licensee shall hold at the site, or other location designated by these

Conditions, records of all monitoring information, including all calibration and maintenance

records and all original strip chart recordings for continuous monitoring instrumentation required

by these Conditions, copies of all reports required by these Conditions, and records ofall data

used to complete the SCA for this approval. These materials shall be retained at least three (3)

years from the date ofthe sample, measurement, report, or application unless otherwise specified

by Department rule.

D. Records ofmonitoring information shall include:

1. the date, exact place, and time ofsampling or measurements;

2. the person responsible for performing the sampling or measurements;

3. the dates analyses were performed;

4. the person responsible for performing the analyses;

5. the analytical techniques or methods used; and,

6. the results ofsuch analyses.

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SECTION A: GENERAL CONDITIONS

[subsection 62-4.160(12) andparagraph 62-4.160(14)(b), F.A.C]

XXXIII. WATER DISCHARGES

A. Discharges

1. The Licensee shall not discharge to surface waters wastes which are

acutely toxic, or present in concentrations which are carcinogenic, mutagenic, or teratogenic to

human beings or to significant locally occurring wildlife or aquatic species. The Licensee shall

not discharge to ground waters wastes in concentrations which, alone or in combination with

other substances, or components ofdischarges (whether thermal or non-thermal) are

carcinogenic, mutagenic, teratogenic, or toxic to human beings (unless specific criteria are

established for such components in Rule 62-520.400, F.A.C.) or are acutely toxic to indigenous

species ofsignificance to the aquatic community within surface waters affected by the ground

water at the point of contact with surface waters.

2. All discharges and activities must be conducted so as to not cause a

yiolation ofthe water quality standards set forth in Chapters 62-4, 62-302, 62-520, and 62-550,62-

620, F.A.C., including the provisions ofRules 62-4.243, 62-4.244, and 62-4.246, F.A.C., the

antidegradation provisions ofparagraphs 62-4.242(1)(a) and (b), F.A.C., subsections 62-4.242(2)

and (3), F.A.C., and Rule 62-302.300, F.A.C., and any special standards for Outstanding Florida

Waters and Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3),

F.A.C.;

3. All dewatering discharges must be in compliance with Rule 62-621.300,

F.A.C.

[Chapters 62-4,62-302, 62-520, 62-550, and 62-620, F.A.C., and Rule 62-621.300,

F.A.C.]

XXXIV. SOLID AND HAZARDOUS WASTE

A. Solid Waste

The Licensee shall comply with all applicable provisions ofChapters 62-701

and 62-702, F.A.C., for any solid waste generated within the certified facility during

construction, operation, and maintenance.

[Chapters 62-701 and 62-702, F.A.C.]

B. Hazardous Waste and Used Oil

The Licensee shall comply with all applicable non-procedural provisions of

DEP Chapter 62-730, F.A.C., for any hazardous waste generated within the certified facility. An

EPA identification number must be obtained before beginning hazardous waste activities unless

the facility is a Conditionally Exempt Small Quantity Generators (CESQGs). CESQGs generate

no more than 100 kg (220 lbs) ofhazardous waste in any month.

The Licensee shall comply with all applicable provisions ofDEP Chapter 62-710,

F.A.C., for any used oil and used oil filters generated within the certified facility.

The Licensee shall comply with all applicable provisions ofDEP Chapter 62-737,

F.A.C., for any spent mercury-containing lamps and devices generated within the certified

facility.

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SECTION A: GENERAL CONDITIONS

[Chapters 62-710, 62-730 and 62-737, F.A.G.]

C. Hazardous Substance Release Notification

1. Any owner or operator of a facility who has knowledge of any release of a

hazardous substance from a certified facility in a quantity equal to or exceeding the reportable

quantity in any 24-hour period shall notify the Department by calling the STATE WARNING

POINT NUMBER, (800) 320-0519, as soon as possible, but not later than one working day of

discovery ofthe release.

2. Releases ofmixtures and solutions are subject to these notification

requirements only where a component hazardous substance ofthe mixture or solution is released

in a quantity equal to or greater than its reportable quantity.

3. Notification ofthe release of a reportable quantity ofsolid particles of

antimony, arsenic, beryllium, cadmium, chromium, copper, lead, nickel, selenium, silver,

thallium, or zinc is not required ifthe mean diameter ofthe particles released is larger than 100

micrometers (0.004 inches).

[Chapter 62-150, F.A.G.]

D. Used Oil, Petroleum Contact Water and Spent Mercury

The Licensee shall comply with all applicable provisions ofChapter 62-710,

F.A.C., for any used oil including oil filters, Chapter 62-740, F.A.C., for any petroleum contact

water, and Chapter 62-737, F.A.C., for any spent mercury containing lamps and devices

generated within certified facility during construction and operation.

[Chapters 62-710 and 62-737, F.A.C.]

E. Contaminated Site Cleanup

1. The Licensee shall comply with all applicable provisions ofDEP Chapter

62-780, F.A.C., for any violations ofrelevant provisions ofChapter 376 or 403, F.S., that result

in legal responsibility for site rehabilitation pursuant to those chapters. This responsibility for

site rehabilitation does not affect any activity or discharge permitted or exempted pursuant to

Chapter 376 or 403, F.S., or rules promulgated pursuant to Chapter 376 or 403, F.S.

[Chapter 62-780, F.A.C.]

[Rules 62-160.110, 62-160.240, 62-160.340, 62-701.510(9)(a), 62-710, 62-730.22562-737, 62-

740, and 62-780, F.A.G.]

XXXV. STORAGE TANK SYSTEMS

Registration, construction, installation, operation, maintenance, repair, closure, and

disposal ofstorage tank systems that store regulated substances shall be in accordance with

Chapters 62-710, 62-761 and 62-762, F.A.C., in order to minimize the occurrence and

environmental risks ofreleases and discharges. Mineral acid storage tank systems are subject

only to Rule 62-762.891, F.A.C.

A. Incident Notification Requirements

Notification ofthe discovery ofthe loss of a regulated substance from a storage

tank system exceeding 100 gallons on impervious surfaces, other than secondary containment,

such as driveways, airport runways, or other similar asphalt or concrete surfaces, provided that

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SECTION A: GENERAL CONDITIONS

the loss does not come in contact with pervious surfaces; or ofthe discovery of any other

incident listed in subsections 62-761.450(2) or 62-762.451(2), F.A.C., shall be made to the

County on Incident Notification Form 62-761.900(6) within 24 hours or before the close ofthe

County's next business day.

B. Discharge Reporting Requirements

Upon discovery of an unreported discharge of a regulated substance, the

Licensee shall report to the County on Discharge Report Form 62-761.900(1) within 24 hours or

before the close ofthe County's next business day those items listed in paragraph 62-

761.450(3)(a), F.A.C., including a spill or overfill event of a regulated substance to soil or

another pervious surface, equal to or exceeding 25 gallons, unless the regulated substance has a

more stringent reporting requirement specified in C.F.R. Title 40, Part 302.

C. Discharge Cleanup

If a discharge of a regulated substance occurs at a certified facility, actions shall

be taken immediately to contain, remove, and abate the discharge under all applicable

Department rules (for example, Chapter 62-770, F.A.C., Petroleum Contamination Site Cleanup

Criteria). The Licensees is advised that other federal, state, or local requirements may apply to

these activities. Ifthe contamination present is subject to the provisions ofChapter 62-770,

F.A.C., corrective action, including free product recovery, shall be performed in accordance with

that Chapter.

D. Out ofService and Closure Requirements

Storage tank systems shall be taken out-of-service and/or closed as necessary in

accordance with Rules 62-761.800 and 62-762.801, F.A.C., as applicable.

[Chapters 62-710, 62-761 and 62-762, F.A.C.]

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SECTION B: SPECIFIC CONDITIONS

SECTION B. SPECIFIC CONDITIONS

I. DEPARTMENT OF ENVIRONMENTAL PROTECTION

A. Waste Cleanup

1. Licensee shall provide the DEP Southeast District Office (SED) with the

proposed Port Everglades Plant Site Assessment and Remediation Plan ("Interim Source

Removal Plan"), for review and approval. The Site Assessment and Remediation Plan will

include elements such as a soil and debris management plan, soil and groundwater assessment

and remediation strategies and closure options based upon historical activities in specific site

sub-areas, tank and pipeline closures via implementation ofthe FPL Heavy Fuel Oil Protocol,

universal and hazardous waste management.

2. The Licensee shall provide an alternate Site Assessment and Remediation

Report ("Site Assessment Report") Time Schedule in lieu ofthe 270 day deadline contained in

62-780, F.A.C., Table A, within six months ofcertification.

3. The Site Assessment Report shall meet the objectives and the

requirements ofChapter 62-780.600, F.A.C. Licensee shall provide the DEP SED with update

reports within sixty (60) days ofinitiating interim source removal activities and every 60 days

thereafter for the duration ofsoil and groundwater site assessment, dewatering and remediation

activities incorporated into the Port Everglades Plant Site Assessment and Remediation Plan

"Interim Source Removal Plan." Licensee shall provide the DEP SED with the Site Assessment

and Remediation Report "Interim Source Removal Report" within sixty (60) days of completion

ofinterim source removal activities.

4. The Licensee may submit a Combined Document meeting the

requirements ofChapter 62-780.450, F.A.C.

5. A Remedial Action Plan shall be submitted to the DEP SED within 90

days of approval of a Site Assessment Report or Remedial Action Report.

[Chapters 62-770 and 62-780, F.A.C.]

II. SOUTH FLORIDA WATER MANAGEMENT DISTRICT

A. LegaVAdministrative Conditions

1. General

a. Responsible Entity

The Licensee shall be responsible for compliance with the

Certification Conditions. If contractual rights, duties, or obligations are transferred under this

Certification, notice ofsuch transfer or assignment, including the identification ofthe entity

responsible for compliance with the Certification, shall immediately be submitted to the Florida

Department ofEnvironmental Protection and the SFWMD by the previous certification holder

(Licensee) and the Assignee. Any assignment or transfer shall carry with it the full responsibility

for the limitations and conditions ofthis Certification. The previous Licensee shall be

responsible for informing the Assignee of all authorized facilities and uses and the conditions

under which they were authorized. The previous Licensee shall remain liable for corrective

actions that may be required as a result of any violations prior to transfer or assignment of any

contractual rights, duties, or obligations under this Certification.

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[Sections 373.044, 373.113,373.223, and 373.342, FS.; Rules 40E-2.091,

40E-2.301, 40E-2.381, 40E-3.101(1), and 40E-6.351, F.A.C.]

b. Minimum Standards

This Certification is based on the Licensee's submitted infonnation

to the SFWMD which reasonably demonstrates that harm to the site water resources will not be

caused by the authorized activities. The plans, drawings and design specifications submitted by

the Licensee shall be considered the minimum standards for compliance.

[Sections 373.219, 373.223, 373.229, 373.308, and 373.316, F.S.; Rules

40E-2.091, 40E-2.301, 40E-2.381, and 40E-3.500-531, F.A.C.]

c. Compliance Requirements

This project must be constructed, operated and maintained in

compliance with and meet all applicable non-procedural requirements set forth in Chapter 373,

F.S., and Chapters 40E-2 (Consumptive Use), 40E-3 (Water Wells), and 40E-20 (General Water

Use Permits), F.A.C.

d. Off-site Impacts

It is the responsibility ofthe Licensee to ensure that harm to the

water resources does not occur during the construction, operation, and maintenance ofthe

project.

[Sections 373.223 and 373.309, F.S.; Rules 40E-2.091, 40E-2.381, 40£-

3.301(3), and 40E-3.301(4), FA.C.]

e. Liability

The Licensee shall hold and save the SFWMD harmless from any

and all damages, claims, or liabilities which may arise by reason ofthe construction, alteration,

operation, maintenance, removal, abandonment and/or use of any system authorized by this

Certification, to the extent allowed under Florida law.

[Section 373.223, FS.; Rules 40E-2.091 and 40E-2.381, F.A.C.]

f. Construction, Operation, and Maintenance Responsibilities

The Licensee shall be responsible for the construction, operation,

and maintenance of all facilities installed for the proposed project.

[Section 373.309, FS.; Rule 40E-3.301, F.A.C.]

g. Access

SFWMD representatives shall be allowed reasonable escorted

access to the power plant site, the water withdrawal facilities and any associated facilities to

inspect and observe any activities associated with the construction ofthe proposed project in

order to detennine compliance with the Conditions ofthis Certification. The Licensee shall not

refuse entry or access to any SFWMD representative who, upon reasonable notice, requests entry

for the purpose ofthe above noted inspection and presents appropriate credentials.

[Sections 373.223 and 373.319, F.S.; Rules 40E-2.091, 40E-2.301, 40E2.381, and 40£-3.461, F.A.C.]

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h. Enforcement

The SFWMD may confer with DEP to request DEP to take any

and all lawful actions that are necessary to enforce any condition ofthis Certification based on

the authorizing statutes and rules ofthe SFWMD.

[Sections 373.223,373.319,373.603, and 403.514, F.S.; Rules 40E-2.091,

40E-2.301, 40E-2.381, and 40E-3.461, F.A.C.}

2. Processing ofInformational Requests

a. Completeness and Sufficiency Review

At least ninety (90) days prior to the commencement of

construction of any portion ofthe project, the Licensee shall submit to SFWMD staff, for a

completeness and sufficiency review, any pertinent additional information required under the

SFWMD's Conditions ofCertification for that portion proposed for construction. If SFWMD

staff does not issue a written request for additional infonuation within thirty (30) days, the

information shall be presumed to be complete and sufficient.

[Sections 373.219 and 373.342, F.S.}

b. Compliance Review and Confinuation

Within sixty (60) days ofthe determination by SFWMD staffthat

the additional information is complete and sufficient, the SFWMD shall determine and notify the

Licensee in writing whether the proposed activities conform to SFWMD rules, as required by

Chapters 40E-2, 40E-3, and 40E-20, F.A.C., and the Conditions. Ifnecessary, the SFWMD shall

identify what items remain to be addressed. No construction activities shall begin until the

SFWMD has determined either in writing, or by failure to notify the Licensee in writing, that the

activities are in compliance with the applicable SFWMD criteria.

[Sections 373.219 and 373.342, F.S.}

c. Revisions to Site Specific Design Authorizations

The Licensee shall submit, consistent with the provisions of

SFWMD Specific Condition A.2., any proposed revisions to the site specific design

authorizations specified in this Certification to the SFWMD for review and approval prior to

implementation. The submittal shall include all the information necessary to support the

proposed request, including detailed drawings, calculations and/or any other applicable data.

Such requests may be included as part ofthe appropriate additional information submittals

required by this Certification provided they are clearly identified as a requested amendment or

modification to the previously authorized design.

[Sections 373.085,373.219,373.223,373.313, and 373.342, F.S.; Rules

40E-2.091, 40E-2.301, and 40E-3.461, F.A.C.]

d. Dispute Resolution

Since this Certification is the only fonn ofpermit required from

any agency, it is understood that the Licensee and the SFWMD shall strive to resolve disputes by

mutual agreement.

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[Sections 373.044,373.085,373.113, and 373.129, F.S.; Rule 40E-1.601,

F.A.C.]

e. Objections

Objections to modifications ofthe terms and conditions ofthis

Certification shall be resolved through the process established in Section 403.516, F.S.

B. Water Use Conditions

1. General

a. Water Shortage Compliance

In the event of a declared water shortage, the Licensee must

comply with any water withdrawal reductions ordered by the SFWMD in accordance with the

Water Shortage Plan, Chapter 40E-21, F.A.C.

[Section 373.246, F.S.; Rule 40E-2.381, F.A.C.]

b. Interference with Existing Legal Uses

The Licensee shall mitigate interference with existing legal uses, in

existence at the time ofissuance ofthe Certification Order, caused in whole or in part by the

Licensee's withdrawals, consistent with the approved mitigation plan. As necessary to offset the

interference, mitigation may include pumpage reduction, replacement ofthe impacted

individual's equipment, relocation ofwells, change in withdrawal source, or other means.

Interference to an existing legal use is defmed as animpact that occurs under hydrologic

conditions equal to or less severe than a 1 in 10 year drought event that results in the:

(1) Inability to draw water consistent with the provisions ofthe

permit, such as when remedial structural or operational actions not materially authorized by

existing permits must be taken to address the interference;

(2) Change in the quality ofwater pursuant to primary State

Drinking Water Standards to the extent that the water can no longer be used for its authorized

purpose, or such change is imminent; or

(3) Inability of an existing legal user to meet its

permitted demands without exceeding the permitted allocation.

[Section 373.223, F.S.; Rules 40E-2.091, 40E-2.301, and 40E-2.381,

F.A.C.}

c. Harm to Existing Off-Site Land Uses

The Licensee shall mitigate harm to existing off-site land uses

caused by the Licensee's withdrawals, as determined through reference to the conditions for

permit issuance. When harm occurs, or is imminent, the SFWMD will require the Licensee to

modify withdrawal rates or mitigate the harm. Harm, as determined through reference to these

Conditions includes:

(1) Significant reduction in water levels on the property to the

extent that the designed fimction ofthe water body and related surface water management

improvements are damaged, not including aesthetic values. The designed function of a water body

is identified in the original permit or other government authorization issued for the construction of

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the water body. In cases where a pennit was not required, the designed function shall pe

detennined based on the purpose for the original construction ofthe water body (e.g., fill for

construction, mining, drainage canal, etc.);

(2) Damage to agriculture, including damage resulting from

reduction in soil moisture resulting from consumptive use;

(3) Land collapse or subsidence caused by reduction in water

levels associated with consumptive use.

[Sections 373.223, F.s.; Rules 40E-2.091, 40E-2.301, and 40E-2.381,

F.A.C}

d. Harm to Natural Resources

The Licensee shall mitigate harm to natural resources caused by

the Licensee's withdrawals, as determined through reference to the Conditions for pennit

issuance. When harm occurs, or is imminent, the SFWMD will require the Licensee to modify

withdrawal rates or mitigate the harm. Harm, as determined through reference to these

Conditions includes:

(1) Reduction in ground orsurface water levels that results in

harmful lateral movement ofthe fresh water/salt water interface;

(2) Reduction in water levels that harm the hydroperiod of

wetlands;

(3) Significant reduction in water levels or hydroperiod in a

naturally occurring water body such as a lake or pond;

(4) Harmful movement ofcontaminants in violation ofstate

water quality standards; or

(5) Harm to the natural system including damage to habitat for

rare or endangered species.

[Sections 373.223, F.S.; Rules 40E-2.091, 40E-2.301, and 40E-2.381,

F.A.C}

2. Site Specific Design AuthorizationslRequirements

a. Dewatering Activities

Prior to commencement of construction ofthose portions ofthe

project that involve dewatering activities, the Licensee shall submit a detailed plan for any such

activities to the SFWMD for a detennination of compliance with the non-procedural

requirements ofChapters 40E-2, 40E-3 and 40E-20, F.A.C., in effect at the time of certification.

The following information, referenced to NGVD where appropriate, shall be submitted:

(1) A detailed site plan which shows the location(s) for each

proposed dewatering area;

(2)

(3)

Florida Department ofEnvironmental Protection

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The methodes) used for each dewatering operation;

The maximum depth for each dewatering operation;

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SECTION B: SPECIFIC CONDITIONS

(4) The location and specifications for all proposed wells and/or

pumps associated with each dewatering operation;

(5) The duration of each dewatering operation;

(6) The discharge method, route, and location ofreceiving

waters generated by each dewatering operation, including the measures (Best Management

Practices) that will be taken to prevent water quality problems in the receIving water(s);

(7) An analysis ofthe impacts ofthe proposed dewatering

operations on any existing on and/or off-site legal users, wetlands, or existing groundwater

contamination plumes;

(8) The location of any infiltration trench(es) and/or recharge

barriers; and

(9) All plans must be signed and sealed by a Professional

Engineer or a Professional Geologist registered in the State ofFlorida.

[Sections 373.229 and 373.308, F.S.; Rules 40E-2.091, 40E-2.301, and

40E-3.500-531, F.A.C.]

b. Alternative Water Supplies

If a reliable source ofreclaimed water becomes available at the

project site to provide water for non-cooling uses, the Licensee shall conduct a feasibility

evaluation in accordance with Section 3.2.3.2 ofthe Basis ofReview For Water Use Permit

Applications in the SFWMD, in effect at the time of certification, to determine the

environmental, technical, and economic feasibility ofutilizing reclaimed water. Ifthe feasibility

evaluation demonstrates that the use ofreclaimed water is feasible, the Licensee shall provide the

SFWMD with a schedule for implementation ofreclaimed water use, for the SFWMD's review

and approval, within 90 days ofsuch notification.

c. Water Conservation Plan

The Licensee shall comply with the Water Conservation Plan

submitted as Appendix 10.10 and amended April 2012 in the Site Certification Application,

including:

(1) Conducting an audit ofthe amount ofwater needed in the

Licensee's operational processes. The following measures shall be implemented within one year

of audit completion iffound to be cost effective in the audit:

1. hnplementation of a leak detection and repair

program;

ii. Implementation of a recovery/recycling or other

program providing for technological, procedural or programmatic improvements to the Licensee's

facilities; and

111. Use ofprocesses to decrease water consumption.

(2) Development and implementation of an employee

awareness program concerning water conservation.

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F.A.C.]

III.

SECTION B: SPECIFIC CONDITIONS

[Sections 373.223, F.S.; Rules 40E-2.091, 40E-2.301, and 40E-2.381,

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION

A. West Indian Manatee

1. Interim Warm-Water Refuge Heating System

In order to prevent an increased risk ofmanatee cold stress death during

the PEEC modernization construction period, adaptive management protocols for the interim

warm-water refuge heating system shall be included in the Environmental and Biological

Monitoring Plans and the following provisions:

a. Testing, monitoring, and evaluation ofthe interim heating system

shall take place pursuant to the Conditions found in Sections 2 Environmental Monitoring and

Section 3 Biological Monitoring.

b. The trigger temperature and operational details shall be agreed

upon by Florida Fish and Wildlife Conservation Commission (FWC) in consultation with U.S.

Fish and Wildlife Service (USFWS) and FPL and included in the Environmental Monitoring

Plan. The interim heating system shall be maintained and operated to achieve the results

specified in the Environmental Monitoring Plan in accordance with best management practices

(BMP) established by Licensee, unless otherwise authorized by FWC and USFWS, or unless the

safety of employees or reliability ofthe electric power system would be compromised. The

Licensee shall develop a BMP manual for the interim heating system that shall include details

related to maintenance, operations, agency notifications, logbooks requirements and

troubleshooting plans.

c. The Licensee shall submit its BMP manual to FWC for review and

comment. Except for those specific details described herein which must be reviewed and

approved by FWC, Licensee will review, consider, and incorporate ifpracticable, all other

comments from FWC. An approved BMP manual will be in place prior to the operation ofthe

interim heating system and prior to cessation of operations ofthe existing Port Everglades Plant

and discontinuation ofthe current warm-water discharge and PEEC conversion commences. A

copy ofthe Licensee's BMP manual for the interim heating system shall be maintained at all

times at the PEEC site and shall be made available upon request to authorized representatives of

FWC andDEP.

d. Ifthrough the biological monitoring or daily visual assessments of

manatee health, or scientific data it is indicated, that the interim heating system's operational

trigger protocol should be modified to maintain a sufficient warm-water refuge, then FWC will

consult with DEP, USFWS, and FPL to assess the infOImation and develop a new strategy that

can be agreed upon by the Licensee, FWC, DEP and USFWS and amended in the Environmental

Monitoring Plan.

e. The interim warm-water refuge will consist of a segment ofthe

current warm-water refuge that is created by the plant's thermal discharge. The location,

configuration and dimensions ofthe interim warm-water refuge will be illustrated in the

Environmental Monitoring Plan.

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f. The Licensee may request modification of applicable FWC

Conditions upon issuance by the DEP, in consultation with the FWC, offinal NPDES permit

modification No. FL0001538 ifsuch requested modifications to the Conditions herein have been

adopted into the final NPDES permit.

g. The Licensee anticipates taking the Port Everglades Plant offline

on January 31,2013. The Licensee will notify FWC seven days in advance ofthe plant ceasing

operations for the duration ofthe modernization, before, or on this anticipated date. In addition,

FWC will be notified 24 hours in advance of any operation ofthe interim heater before January

31,2013.

[Section 403.507, F.S.; Section 379.1025, F.S.; Section 379.2291, FS.; Section

379.2431 (2), F.S.; Section 20.331, FS.j

2. Environmental Monitoring

The following monitoring requirements are applicable to the operation of

the interim heating system during the modernization ofthe PEEC.

a. The evaluation ofthe interim heating system which is intended to

determine its ability to provide a sufficient manatee warm-water refuge as described in

Environmental Monitoring Plan during the winter months shall take place prior to the

discontinuation ofoperations at the existing Port Everglades Plant and use ofthe current warmwater discharge system. Additional evaluation ofthe system shall include empirical temperature

data that will be collected and compared to the thermal modeling results to evaluate the

performance ofthe interim heating system prior to February 15, 2013, ifit cannot be completed

before January 31,2013, due to continued use ofthe Port Everglades Plant's existing power

generating units.

(1) Prior to cessation ofoperations ofthe existing Port

Everglades Plant and discontinuation ofthe current warm-water discharge, the interim heating

system must be operational. After the initial monitoring tests ofthe interim warm-water heating

system have been conducted at the Port Everglades Plant, the Licensee will contact FWC to

provide and discuss the results. At that time, FWC, in consultation with the DEP, USFWS, and

the Licensee, will determine what, if any, modifications need to be made to the operation ofthe

interim heating systems. Ifnecessary, FWC will require a revision to the Environmental

Monitoring Plan.

b. Prior to cessation of operations ofthe existing Port Everglades

Plant and discontinuation ofthe current warm-water discharge, an approved Environmental

Monitoring Plan shall be in place. The Licensee shall submit to the FWC and DEP Siting Office,

and the final Environmental Monitoring Plan. The fmal Environmental Monitoring Plan shall

include, at a minimum, the following components:

(1) Monitoring ofthe interim heating system and warm-water

refuge during the modernization process (as described in Interim Heating System and

Environmental Monitoring conditions. and the Licensee's thermal modeling study) shall take

place during the winter months of 1 December through 31 March.

(2) Monitoring ofthe PEEC's interim warm-water refuge

during the modernization shall consist of ambient air and water temperatures measured at

multiple locations within the interim warm-water refuge. The number and configuration of

Florida Department ofEnviromnental Prorection

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SECTION B: SPECIFIC CONDITIONS

temperature monitoring stations must be sufficient to provide a three~dimensional view, over

time, ofthe thermal refuge. Temperature monitoring stations will be deployed in the interim

refuge prior to the modernization phase ofthe Port Everglades Plant.

(3) As part ofthis Environmental Monitoring Plan the Licensee

shall include a plan to convey the data from the temperature monitoring stations to the

appropriate agencies on a daily basis when the trigger is on and the heaters are running, and on a

weekly basis when the trigger protocols have not been met.

(4) Specific locations for the temperature monitoring station(s),

sampling frequencies, station depths, data collection methods, and reporting frequencies must be

identified and may be subject to further revision depending on receipt of any required permits,

licenses and approvals.

c. The Licensee will prepare an Environmental Monitoring Report

that includes all data (made available in electronic form) and statistical analyses completed as a

result ofthe requirements set forth in the Environmental Monitoring Plan. This report will be

submitted yearly by the date designated in the Environmental Monitoring Plan, while the interim

warm-water system is in operation during the construction period ofthe PEEC. A summary

report including information collected throughout the modernization process shall be completed

and submitted to the FWC and DEP Siting Office for review. All annual reports shall be

submitted as directed in the Environmental Monitoring Plan.

[Section 403.507, FS.; Section 379.1025, F.S.; Section 379.2291, F.S.; Section

379.2431 (2), F.S.; Section 20.331, F.S.]

3. Biological Monitoring

The following monitoring requirements for manatee distribution and

abundance are applicable to the operation ofthe interim heating system during the modernization

ofthePEEC.

a. Prior to cessation ofoperations ofthe existing Port Everglades

Plant and discontinuation ofthe current warm-water discharge the Licensee shall submit to FWC

a Biological Monitoring Plan. The Biological Monitoring Plan shall be reviewed and approved

by FWC and the Licensee shall submit the final Biological Monitoring Plan to FWC and the

DEP Siting Office. The Biological Monitoring Plan shall include at a minimum the following

components:

(l) Monitor the winter months of 1 December through 31

March distribution and abundance ofmanatees during the time frame that includes the operation

ofthe interim warm-water heating system.

(2) Biological monitoring shall be conducted through aerial

surveys during the winter months of 1 December through 31 March beginning the first winter of

the plant's modernization and continuing through the completion ofthe PEEC modernization

process and 2 years post-commercial operation ofPEEC. After the first year ofpost

modernization aerial survey monitoring, FWC will discuss the results with the Licensee and the

parties will determine ifthe second year's monitoring can be eliminated. FPL will consult with

FWC to determine the status of other aerial survey data collection efforts to determine ifFPL

will need to conduct any ofthe surveys (i.e., either during or post-modernization).

Florida Department ofEnvironmental Protection

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SECTION B: SPECIFIC CONDITIONS

(3) Specific aerial survey paths, sampling frequencies, and

methodologies for aerial surveys must be identified and described in the Biological Monitoring

Plan. Aerial survey flight paths will be consistent with those established by the Broward County

Environmental Resource Management Office and shall encompass the winter months as

establish~din the Biological Monitoring Plan.

(4) Aerial survey data shall be analyzed and summarized after

each winter season to provide an evaluation ofmanatee abundance and distributional changes

within the survey area.

(5) The Licensee shall provide one or more manatee observers

who have been trained by an approved FWC trainer so they can detect indications of cold stress

in manatees. The monitoring protocols and information requirements will be described in the

Biological Monitoring Plan.

(6) The manatee observer will be required to conduct a daily

visual assessment ofthe condition and general distribution ofmanatees using the interim warmwater refuge during the winter months of I December through 31 March. The visual assessments

shall be conducted for a sufficient length oftime to assess most ofthe manatees present at the

plant and accessible to the observer on that day.

(7) Telemetry monitoring shall be accomplished by the

Licensee through the use of an entity with experience in manatee telemetry tracking, and data

analysis in Florida. This condition will coincide with the use ofthe interim heating system and 2

years post-commercial operation ofPEEC. After the first year ofpost modernization telemetry

monitoring, FWC will discuss the results with the Licensee and the parties will determine ifthe

second year's monitoring can be eliminated. The tags will be attached to manatees captured at,

or near the PEEC site to document their movements to alternative secondary warm-water sites,

their general health, habitat use, behavioral response to changes in the operation ofthe interim

refuge and thermal regime experienced by manatees during the modernization ofPEEC. The

details ofthe telemetry effort and required reports will be provided in the Biological Monitoring

Plan.

(8) The Licensee will prepare a Biological Monitoring Report

that includes all data (made available in electronic form) and statistical analyses completed as a

result ofthe requirements set forth in the Biological Monitoring Plan. lIDs report will be

submitted yearly by the date designated in the Biological Monitoring Plan. A summary report

including information collected throughout the modernization process shall be completed and

submitted to the FWC and DEP Siting Office for review. All annual reports shall be submitted

as directed in the Biological Monitoring Plan.

[Section 403.507, F.S.; Section 379.1025, F.S.; Section 379.2291, F.S.; Section

379.2431 (2), F.S.; Section 20.331, F.S.]

4. Standard Environmental and Biological Monitoring Plan Conditions

a. The Biological and Environmental Monitoring Plans, including the

proposed monitoring techniques and monitoring locations that will be used to assess manatee

health, distribution and habitat during the modernization process, shall be approved by FWC

prior to implementation and prior to cessation of operations ofthe existing Port Everglades Plant

and discontinuation ofthe current warm-water discharge. Final Biological and Environmental

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SECTION B: SPECIFIC CONDITIONS

monitoring plans shall be in place at least 90 days prior to cessation of operations ofthe existing

Port Everglades Plant and discontinuation ofthe current warm-water discharge and PEEC

modernization commences.

b. If, in the review ofthe annual biological or environmental

monitoring reports, FWC, in consultation with the DEP and USFWS, determines the need to

modify the Biological or Environmental Monitoring Plans, FWC will notify the Licensee to

discuss the findings. At that time, FWC, in consultation with the DEP, USFWS and the

Licensee, will determine what, if any, modifications need to be made to the Biological or

Environmental Monitoring Plans.

c. Ifthe Licensee determines the Biological or Environmental

Monitoring Plans are in need ofmodifications during the operation ofthe interim heating system,

the Licensee will contact the agencies to discuss the proposed modifications. At that time, FWC,

in consultation with the DEP, USFWS and the Licensee, will determine what if any

modifications need to be made.

d. The Licensee will provide personnel from the FWC, USFWS,

USGS Sirenia Project, or a designee ofthese agencies, access to the PEEC property to conduct

manatee monitoring activities. Reasonable notice shall be given to the Licensee by the agencies.

Access would be limited to normal weekday business hours (8:00 a.m. - 5:00 p.m.) unless

arrangements are made in advance with the Licensee.

e. All visitors to PEEC will be required to comply with FPL's safety

and security requirements. Personnel will receive an orientation from FPL or its contractor prior

to commencing observations or other activities.

[Section 403.507, F.S.; Section 379.1025, F.S.; Section 379.2291, F.s.; Section

379.2431 (2), F.S.; Section 20.331, F.S.]

5. Contingency Plan

FWC and USFWS' Letter ofAuthorization (LOA) network responders

will be responsible for all efforts related to manatee rescues, rehabilitation activities, and carcass

recovery during the PEEC modernization. In order to effectively implement contingency plans

during the plant modernization and to address manatee health-related issues, the following

conditions are required:

a. Ifthe observer (pursuant to Biological Monitoring Plan) identifies

manatees with apparent signs of cold stress disease, digital photographs should be taken ofthe

animal(s) and the FWC shall be called as soon as possible on the day ofthe observations through

the protocols described in the Biological Monitoring Plan

b. The Licensee will notify FWC and USFWS immediately ifthere is

a mechanical failure ofthe interim heating system, or if, for any other reason the interim heating

system is not operating in a manner that will provide warm-water sufficient to keep the warmwater refuge at a temperature of 68° F or greater.

c. The Licensee shall provide in-kind senices and financial

assistance, not to exceed $100,000 in total value, to FWC for manatee rescue or recovery in the

event that there is a failure ofthe interim heating system resulting from Licensee's failure to

comply with Final Order # PA12-57 that causes death or identifiable cold stress to manatees in

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Broward County. This condition would apply during the winter months of 1 December through

31 March. The in-kind assistance and funds would only be used to address manatee-related cold

stress issues in the area that the interim system affects.

[Sections 403.507 F.S., Section 379.1025 F.S., Section 379.2291 F.S., Section

3792431 (2) F.S., Section 20.331 F.S.}

6. Development of a Long-Term Manatee Strategy

It is expected that at some point in the future the warm-water habitat

created by the PEEC will diminish or be terminated; in that event the FWC and USFWS believes

it is in the best interest ofthe Licensee, FWC, USFWS, DEP, and the Florida manatee population

to begin strategic long term planning to reduce the adverse effects to the Florida manatee

population before this occurs.

a. Within two years ofthe formal approval by FWC and USFWS of a

Warm-Water Action Plan (Plan), inclusive of a future-oriented Management Policy for WarmWater Manatee Habitat, the Licensee shall host and chair a workshop designed to: (a) articulate a

strategy for achieving the goals ofthat Plan, (b) develop a timetable for implementing the

strategy, (c) review progress to date in achieving the strategy, and (d) identify impediments and

solutions.

b. Within one year ofthe workshop held pursuant to Final Order #

PA 12-57, the Licensee shall provide the FWC with a formal report ofthe workshop, including

findings, conclusions, and recommendations.

c. Over the course ofthe operating life span ofthe PEEC, the

Licensee shall develop an exit strategy for the PEEC that prevents significant losses to the

manatee population when the Licensee determines to reduce or eliminate the PEEC's thermal

discharge to the extent that a dependable warm-water refuge is no longer present. The

Licensee's strategy shall consider FWC and USFWS's statewide Warm-Water Action Plan

approved by FWC and USFWS.

d. The Licensee shall work closely with the FWC and USFWS to

evaluate progress toward achieving the vision and goals ofthe Warm-Water Action Plan and to

develop adaptive changes to the Plan as needed to promote manatee recovery through

participation in periodic workshops and/or conferences designed to accomplish such evaluation

and adaptive changes.

e. The FWC must be notified, in writing, within 30 days of any sale,

conveyance, or other transfer ofthe facility.

[Section 403.507, F.S.; Section 379.1025, F.S.; Section 379.2291, F.S.; Section

379.2431 (2), F.S.; Section 20.331, F.S.}

7. Manatee Conditions for In-Water Work

a. The current Standard Manatee Conditions for In-Water Work are

required for all in-water work in waters accessible to manatees. Ifthe Licensee is unsure if a

certain activity qualifies as in-water work, it will contact the FWC to discuss and determine

applicability ofthese Conditions for the proposed activity. The FWC will consider approval of

reoccurring activities that result in negligible impacts to manatees or manatee habitat. Blasting

or pile hammering activities to break rock shall be prohibited in waters accessible to manatees.

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Ifno other alternative exists, a modification ofthese conservation measures can be requested.

An adequate Blast and Protected Species Watch Plan must be submitted to and approved by the

Imperiled Species Management Section ofthe FWC prior to these methodologies being used.

b. To reduce the possibility ofinjuring or killing a manatee during

construction, in-water work shall not be performed between November 15 and March 31 unless

essential to support the PEEC project's schedule or the safety of employees or reliability ofthe

electric power system would be compromised. Ifin-water work during the winter cannot be

avoided the Licensee will contact the agencies to determine alternative conditions that will be

implemented to address the proposed activity.

c. At least one person shall be designated as a manatee observer

when in-water work is being performed. That person shall have experience in manatee

observation be equipped with polarized sunglasses to aid in observation. The manatee observer

must be on site during all in-water construction activities and will advise personnel to cease

operation upon sighting a manatee within 50 feet of any in-water construction activity.

Movement of a work barge, other associated vessels, or any in-water work shall not be

performed after sunset, when the possibility ofspotting manatees is negligible.

d. The Licensee will include as part ofits safety orientation manatee

awareness training for full-time permanent construction personnel at the PEEC site. This

training will be designed to educate the construction work force about the legal requirements to

avoid manatees and to provide them with contact information ifthey should spot an injured

manatee.

e. To reduce the risk of entrapment and drowning ofmanatees,

grating or an approved alternative) shall be installed over any proposed pipes or culverts greater

than 8 inches, but smaller than 8 feet in diameter that are submerged or partially submerged and

reasonably accessible to manatees. Bars or grates no more than 8 inches apart shall be placed on

the accessible end(s) during all phases ofthe construction process and as a final design element

to restrict manatee access.

[Section 403.507, FS.; Section 379.1025, F.S.; Section 379.2291, FS.; Section

379.2431 (2), FS.; Section 20.331, FS.]

8. Force Majeure

Ifthere is an act ofGod, terrorism, or war that prevents Licensee from

providing the requisite warm water conditions, Licensee will notify FWC expeditiously and

coordinate efforts to resume compliance with the Conditions.

[Sections 403.507, FS.; Article IV, Sec. 9, Fla. Const.; Section 20.331, FS.]

9. Access to Manatee Protection Zones

For all activities necessary to perform essential operations, including inwater maintenance and inspection of equipment, emergency operations, and environmental

monitoring within a No Entry or Motorboats Prohibited Manatee Protection Zone as defined by

68C-22, F.A.C., the following requirements are applicable. These requirements supplant the need

for Licensee to obtain a permit to access these zones pursuant to 68C-22.003, F.A.C.

a. Vessels used to access the zone should be ofthe smallest size and

horsepower needed to accomplish the required tasks, and all vessels should be clearly marked as

Florida Deparunent ofEnvironmental Protection

Conditions ofCertification

9/_12012

39

Port Everglades Next Generation Clean Energy Center

PA 12-57
SECTION B: SPECIFIC CONDITIONS

belonging to the Licensee or authorized contractor performing the work on behalfofthe

Licensee. Whenever practicable, vessels should be equipped with a propeller guard. Vessel

operation within the zone must be at no greater than Idle Speed.

b. At least one person on each vessel must be designated as a manatee

observer. Said observer must have experience in manatee observation and be equipped with

polarized sunglasses to aid in observation. The observer must be on the vessel at all times,

maintain a vigilant watch, and advise all personnel as to the presence and location ofnearby

manatees.

c. Except in emergency situations, no in-water activity may be

performed within 50 feet of a manatee. Manatees may not be approached, pursued, fed, watered,

touched, or otherwise interacted with in any manner that causes disruption oftheir normal

behavior. Ifone or more manatees are observed within 50 feet, all in-water activities must be

stopped and may only be resumed after all manatees have moved away oftheir own volition.

d. Except in emergency situations, no in-water work may be

performed before sunrise or after sunset (when the ability to see manatees is minimal).

e. All personnel entering the zone must be informed ofthe possible

presence ofmanatees, the characteristics used to identify the presence ofmanatees, and the

conditions and requirements set forth herein. All personnel must be advised that there are civil

and criminal penalties for harming, harassing, or killing manatees, which are protected under the

Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and the Florida

Manatee Sanctuary Act.

f. Any collision with and/or injury to a manatee must be reported

immediately to the FWC Division ofLaw Enforcement (888-404-3922) and the FWC Imperiled

Species Management Section (850-922-4330; fax: 850-922-4338).

g. The Licensee maintain records onsite detailing the nature and

scope of all activities conducted within the restricted area during the previous year, including

dates of activity and the number ofvessels involved as well as the type and configuration ofthe

vessels, by date. These records will be made available to FWC upon request.

[Section 403.507, F.S.; Rule 68C-22.003, F.A.C.; Section 20.331, FS.j

B. Terrestrial Wildlife

1. All undeveloped habitat onsite shall be surveyed for the presence ofstateand federally listed species no more than six months before land clearing and the results shall be

reported to the FWC. We recommend that the report includes methodology, results, discussion,

and references to all survey protocols and documents used. Ifthere is evidence that any statelisted species are present, then the Licensee must report the fmdings to the FWC at least 60 days

prior to the commencement of clearing. Ifimpacts to those species cannot be avoided, then the

Licensee must contact the FWC before taking any action that might result in an impact to those

species.

[Section 403.507, F.S.; Article IV, Sec. 9, Fla. Const.; Chapter 68A-27, F.A.C.;

Section 20.331, F.S.j

Florida Dcparlment ofEnvironmental Protection

Conditions ofCertification

9/_.'2012

40

Port Everglades Nat Generation Clean Energy Center

PA 12-57
SECTION B: SPECIFIC CONDITIONS

C. Marine Turtles

1. FPL shall consult with the FWC hnperiled Species Management Section

on the development ofa Light Management Plan to reduce the adverse effects ofPEEC's

exterior lighting on nesting marine turtles and their hatchlings. The plan should evaluate the use

oflighting management methods that include shielding, lowering mounting heights, and use of

long wavelength fixtures.

[Section 403.507, F.S.; Section 379.2431(1), F.S., Section 379.2431(1) (g), F.S.;

Section 20.331, F.S.}

IV. DEPARTMENT OF STATE - DIVISION OF mSTORICAL RESOURCES

A. Ifhistorical or archaeological artifacts or features are discovered at any time

within the certified facility, the Licensee shall notify the appropriate DEP District office (s) and

the Division ofHistorical Resources, R.A. Gray Building, 500 S. Bronough Street, Rm 423,

Tallahassee, Florida 32399-0250, telephone number (850) 487-6333, and the Licensee shall

consult with the Division ofHistorical Resources to determine appropriate action.

[Sections 267.061,403.531, and 872.02, F.S.}

V. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Only herbicides registered by the U.S. Environmental Protection Agency and the

Florida Department ofAgriculture and Consumer Services shall be used at certified facilities.

Herbicide applications will be in accordance with label directions and will be carried out by a

licensed applicator, in compliance with all federal, state and local regulations. Herbicide

applications shall be selectively applied to targeted vegetation. Broadcast application of

herbicide shall not be used unless effects on non-targeted vegetation are minimized.

[Chapter 487, F.S.}

VI. BROWARD COUNTY

A. LegaVAdministrative Conditions

1. General

a. Responsible Entity

The Licensee shall be responsible for compliance with the

Certification Conditions, the applicable nonprocedural requirements ofChapter 27 ofthe

Broward County Code ofOrdinances (BCe), the applicable provisions ofChapters 32 and 42 of

the Broward County Administrative Code (BCAC), and any agreements entered into between the

Licensee and Broward County pursuant to this Certification.

b. Minimum Standards

This Certification is based on the Licensee's SCA and infonnation

submitted to the County which reasonably demonstrates that harm to natural resources will not

be caused by the authorized activities. The plans, drawings and design specifications submitted

by the Licensee shall be considered the minimum standards for compliance.

[Sections 27-56 and 27-58, BCC}

c. Compliance Requirements

Florida Department ofEnvironmental Protection

Conditions ofCertification

9/_,'2012

41

Port Everglades Next Generation Clean Energy Center

PA 12·57
SECTION B: SPECIFIC CONDITIONS

The PEEC project must be constructed, operated and maintained in

compliance with and meet all applicable non-procedural requirements set forth in Chapter 27,

BCC, and Chapters 32 and 42, BCAC.

d. . Off-site Impacts

It is the responsibility ofthe Licensee to ensure that pollution or

harm to natural resources does not occur during the construction, operation, and maintenance of

the project, other than as authorized herein.

[Sections 27-53, 27-55, BCC, and Section 32.7, BCAC]

e. Liability

The Licensee shall hold and save the County harmless from any

and all damages, claims, or liabilities which may arise by reason ofthe use ofthe facilities or

property ofBroward County's Port Everglades Department, to the extent required by applicable

regulations ofBroward County.

[Port Everglades TariffNo. 12, and Chapter 42, Exhibit 42.A, Item 405,

BCAC]

f. Access

County representatives shall be allowed reasonable access to the

power plant site, the water withdrawal facilities, and any associated facilities to enter, inspect,

and observe any activities associated with the construction, operation, maintenance, or

modification ofthe PEEC project in order to determine compliance with the conditions ofthis

Certification. The Licensee shall not refuse entry or access to any County representative who,

upon reasonable notice, requests entry for the purpose ofthe above noted inspection and presents

appropriate credentials.

[Section 27-8, BCC]

g. Enforcement

The County may confer with DEP to request DEP to take any and

all lawful actions that are necessary to enforce any condition ofthis Certification based on the

authorizing statutes and rules ofDEP and the County, as incorporated into this Certification.

[Sections 403.514, F.S., Chapter 27, BCC, and Chapters 32 and 42,

BCAC]

B. Port Everglades Department Conditions

1. Any de-commissioning and removal ofexisting FPL-owned No.6 heavy

fuel oil pipelines and associated facilities from Broward County Land shall be done in

accordance with the terms and conditions ofthe License Agreement between Broward County

and FPL for Bulk Petroleum Product Pipelines effective June 24, 2008, attached herein as

Attachment D.

2. FPL shall obtain a Petroleum Pipeline License Agreement with Broward

County for the installation, operation, and maintenance ofthe ULSD pipeline and submit an

executed copy to the DEP Siting Coordination Office prior to initiating construction ofthe

Florida Department ofEnvironmental Protection

Conditions ofCertification

9_12012

42

Port Everglades Next Generation Clean Energy Center

PA 12-57
SECTION B: SPECIFIC CONDITIONS

pipeline on County land. The License Agreement for the ULSD pipeline shall be incorporated

herein as Attachment E.

3. FPL shall obtain a License Agreement with Broward County for the

installation, operation, and maintenance ofthe Aquatic Organism Return System (AORS) and

submit an executed copy to the DEP Siting Coordination Office prior to initiating construction of

the AORS on County land. The License Agreement for the AORS shall be incorporated herein

as Attachment F.

4. FPL shall perform an inspection of and develop a maintenance plan

(consistent with the September 30, 1957 Intake and Discharge Easement, included in the SCA)

for the intake and discharge canals and ducts offFPL's property. FPL shall submit the results of

the inspection and a proposed maintenance plan to the Port Everglades Department for review

prior to operation ofthe PEEC.

[Applicant agreement]

C. Environmental Protection & Growth Management Department Conditions

I. Alternative Water Supplies

FPL shall coordinate with local agencies and governments to seek to

eliminate the use ofpotable water for non-potable uses such as irrigation and process demands at

the PEEC. The final site design will not preclude the potential use ofreclaimed water for these

purposes.

[Applicant agreement]

2. Discharges to surface water from the PEEC shall comply with the

applicable Broward County Water Quality Standards.

a. Compliance with the applicable Broward County Water Quality

Standards shall be demonstrated through submittal ofthe once-through non-contact cooling

water outfall D-OOI Discharge Monitoring Report form required under FDEP-issued NPDES

Permit No. FLOOOI538.

(I) Licensee shall submit the monthly outfall D-OOI Discharge

Monitoring Report to the Broward County Planning and Environmental Regulation Division on a

semi-annual basis.

(2) Water quality monitoring will be performed in accordance

with the applicable FDEP sampling protocols.

(3) A National Environmental Laboratory Accreditation

Program certified laboratory shall analyze the water quality samples reported on the Discharge

Monitoring Report.

[Sections 27-193 through 27-197, BCCl

3. Any dewatering performed within areas relative to the SCA and PEEC

project requires a post-certification submittal by the Licensee to the County of a certified

dewatering plan, as these areas are either contaminated or are located within one-quarter mile of

contamination, in accordance with the Pollution Prevention and Remediation Division's

Dewatering Standard Operating Procedure. DEP may coordinate review ofany dewatering plans

Florida Deparunent ofEnviromnental Protection

Conditions ofCertification

9/_,2012

43

Port Everglades Next Generation Clean Energy Center

PA 12-57
SECTION B: SPECIFIC CONDITIONS

submitted by the Licensee to multiple agencies to ensure compliance with the Conditions and

Certification and applicable non-procedural requirements ofthose affected agencies.

[Subsections 27-353(i) and 27-355(e), BeC]

VII. CITY OF ROLLYWOOD

A. The approved use shall be vested for development upon the receipt of a Final

Order granting Certification pursuant to the Florida Electric Power Plant Siting Act (PPSA).

FPL shall record a copy ofthe Certification in the public records ofBroward County prior to

commencement ofdevelopment. Immediately following recordation a copy shall be provided to

the City of Hollywood.

B. The applicable building permit and impact fees for the construction project shall

be paid by FPL within thirty (30) days of commencing construction ofthose project features.

FPL shall comply with the applicable provisions ofthe Florida Building Code.

C. FPL shall submit construction coordination plans to the City to address issues

such as emergency services and traffic coordination and inspections (30) days prior to

commencement ofthe demolition and construction phases of Project development.

D. FPL shall complete required landscaping within ninety (90) days ofthe

commercial operation date ofthe Port EYerglades Energy Center.

E. All future advertising which identifies the location ofthe Project must state that

the development is in the City ofHollywood.

[Applicant agreement}

Florida Department ofEnvironmental Protection

Conditions ofCertification

9.:_12012

44

Port Everglades Next Generation Clean Energy Center

PA 12-57
Attachment A

Maps (to be attached)
Attachment B

Stormwater Management System Plans (to be attached)
Attachment C

Mitigation Plans (to be attached, as applicable)
Attachment D

License Agreement for Bulk Petroleum Product Pipelines
: '. . . .; . .. ~. . .,

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: ..

LICENSE AGREEMENT

Between

BROWARD COUNTY

and

FLORIDA POWER & LIGHT COMPANY

for

Bulk Petroleum Product Pipelines

at

PORT EVERGLAQES

IN BROWARD qOUNTY, FLORIDA

..; . . : .'

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'-'. :
ARTICLE

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

INDEX

.PAGE

RECITALS 2

DEFINITIONS AND IDENTIFiCATIONS 2

GRANT/RELOCATION BY LICENSEE : 3

TITLE/RESERVATION OF Tln.:E............................................................ 4

RECITAlS : 4

BULK PETROLEUM PRODUCT PIPELINE INSTALLATIONSI

RESERVATION OF RIGHT TO USE SURFACE 4

LICENSEE'S CONFORMANCE TO RULES AND REGULATIONS OF

COUNTy 6

NOTICE 7

NON-EXCLUSiVE 8

TIME OF ESSENCE - PARTIES RIGHTS CUMULATIVE 9

TERMS BINDING ON SUCCESSORS AND ASSiGNS 9

INDEMNIFiCATION 9

LICENSEE'S RIGHT TO ENTER; REQUIRED CONSTRUCTION

PERMITS 10

WHARFAGE AND OTHER PORT CHARGES; SHORE

TANK MEASUREMENTS; COMPLIANCE WITH TARIFF 10

COVENANTS OF PARTIES 11

INSURANCE REQUiREMENTS : 12

COMPLIANCE WITH LAWS : : 13

LICENSES, PERMITS, TAXES 13

ASSIGNMENT 13

DEFAULT - REMEDIES.................................................... 14

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ARTICLE PAGE

21 TERMINATION/NON"USE " 14

22 FORCE MAJEURE : 15

23 MISCELLANEOUS 15

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LICENSE AGREEMENT

Between

BROWARD COUNTY

and

FLORIDA POWER &LIGHT COMPANY

for

Bulk Petroleum Product Pipelines

at

PORT EVERGLADES

IN BROWARD COUNTY, FLORIDA

This is a License Agreement between: BROWARD COUNTY, a political subdivision

of the state of Florida, its successors and assigns, hereinafter referred to as "COUNTY,"

through its Board of COunty COmmissioners,

AND

FLORIDA POWER & LIGHT COMPANY, a Florida corporation, authorized to

transact business in the state of Florida, its successors and assigns, hereinafterreferred to

as "LICENSEE."

WHEREAS, the COUNTY owns and operates Port Everglades (the aport"), a

deep-water port, located in Broward County, Florida, having facilities for the receipt and

handling of product(s), including lands suitable for the installation, use and maintenance of

Pipellne(s). '

, WHEREAS, the COUNTY has in'curred and hereafter will continue to incur

~ubstantiar costs for construction, maintenance, replacement and repair of facilities

,essential to accommodate Product(s) receipt, handling and storage at the Port. Included in

th~ facilities fu~nished by COUNTY and contributing to the substantial costs to be borne by

It ar~: deep water petroleum ~erths: 'tlie turning basin and entrance channel; bulkheads;

',wharves; r:oads; lighting, etc: Additionally, COUNTY, in providing land for the purposes

expressed herein, has committed itselfto the long term availability offacilities and larid to

accommodate petroleum terminal u~ers at the Port. . :

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Based upon the foregoing, COUNTY has determined that the covenants of this

License Agreement are essential in orderto justify the expenditures associated with its role

in opera~ng the Port. .

WHEREAS, the LICENSEE operates a business at the Port, Involving the storage

and transportation of Product(s) arriving at the Port primarily by water-borne commerce.

lICE;NSEE is in need of and has requested COUNTY to provide access to land owned by

COUNTY for the Installation, maintenance, operation. repair, removal, and replacement of

Pipeline(s) to transport such Product(s) at the Port. The parties acknowledge that

LICENSEEcurrently has Pipeline(s) and necessary appurtenances forthe transportation of

Product(s} at the Port; including associated cathodic protectiQn .equipment on adjacent

COUNTY rands. as defined herein. Collectively referred to hereinafter as "Plpeline(s)."

WHEREAS, this License Agreement ("Agreement") establishes the terms and

conditions relating to the LICENSEE installing and maintaining Pipellne(s) and necessary

appurtenances for the transportation of Product(s) within the Port; NOW, THEREFORE,

IN C{)NSIDERATION ofthe premises, the mutual agreements herein contained and

other good and valuable consideration, the receipt and sufficiency of which are hereby

acknowledged, the COUNTY and LICENSEE, intending to be legally bound hereby agree

as follows:

ARTICLE 1

RECITALS

1.1 The foregoing recitals are true and correct and are hereby incorporated herein by

reference.

1.2 For purposes of this License Agreement, the Sroward County Administrator, or

designee. shall serve as Contract Administrator.

ARTICLE 2

DEFINITIONS AND IDENTIFICATIONS

Agreement This License Agreement, the Whereas clauses, Recitals and Articles 1

through 23, inclusive. Otherterms and conditions are included in the attached exhibits and

documents that ·are expressly incorporated by reference.

Contrac~ Admlnlstl:'ator The Sreward County Administrator or designee whose primary

responsibili~es ·are to coordinate and communicate with the LICENSEE and to manage and

superyise execution and completion of the privileges and obligations ofthe 1ICENSEE and

the terms arid conditions of this License Agreement as set forth herein. In the

administration of this Ucense Agreement. as contrasted with matters of policy, all parties

may rely on th~ Instructions or determinations made by the Contract Administrator.

2

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COUNTY - Broward County, a political subdivision of the State of Florida, through its

governing body, the Broward County Board of County Commissioners.

County Administrator - The administrative head of the COUNTY pursuant to Sections

3.02 and 3.03 of the Broward County Charter.

County Attorney - The chief legal counsel for the COUNTY who directs and supervises

the Offi.ce ofthe County Attorney pursuant to Section ~.1 0 of the Broward County Charter.

Indemnified Matters - Any and all suits, claims, causes of action of any nature

whatsoeverresulting from injuries or damages sustained by any person or prop~rty,losses.

liabilities, obligations, penalties and expenditures ofany kind including, attorney fees, court

costs, and expenses. .

License Agreement- This document, the Whereas clauses, recitals and Articles 1through

23, inclusive. Other terms and conditions are included in the attached exhibits and

documents that are expressly incorporated by reference.

LICENSEE - FLORIDA POWER &LIGHT COMPANY.

Plpellne(s) - On~slte Integral pipIng owned by LICENSEE conveying Product(s), including

all valves, elboWS, joints, flanges, pumps, flexible connectors, manifolds, valve pits, and

associated cathodic protection equipment located within or adjacent to the Premises

described in Exhibit "A."

Port Director- The duly appointed Directorofthe PortEverglades Department ofBroward

County.

Premises - The land described in Exhibit "A"

Product(s) - Petroleum prodUCts, alternate fuels, and fuel blending components.

ARTICLE 3

GRANTI RELOCATION BY LICENSEE

COUNTY hereby grants to LICENSEEthe privilege and non-excluslve rightto install,

maintain, operate, repair, replace and remove one or more Pipeline(s) forthe t~nsportation

of Product(s) under the lands owned by COUNTY within the Port and more.particularly

described on ExhibitIIAII attached hereto and made a part hereof, subject to the terms and

conditions herein. COUNTY agrees that it will not unreasonably interfere With the rights

and uses granted to LICENSEE hereunder. COUNTY stlall not be liable ~r any costs

associated with or resulting from LICENSEE's failure to' co·mply with the terms of this

Agreement or for any Indemnified Matters as more fully. described in Article 12.

INDEMNIFICATION of this Agreement. Should. it become necessary to relocate the

Pipeline{s) for reasons determined by federal, state, or local agencies having jurisdiction

3

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over the Pipeline(s) or at the request of LICENSEE, all expenses of deactivation, and/or

relocation of"the Pipeline(s), including costs for associated environmental remediation, shall

be borne ~y LICENSEE. LICENSEE may exercise any administrative, jUdicial, or appellate

rights available to it to challenge the determination by a federal, state, or local agency that

the Pipeline(s) be relocated; provided, however, that LICENSEE covenants and agrees to

Indemnify and save harmless the COUNTY, its commissioners, officers, agents, and

erllployees, their successors and assigns, individually and collectively, from and against all

Iiabflity rqr any expenses, fines, damages, claims, suits, demands, or causes of action of

any kind or natu're in any way aris.ing out ofor resulting from LICENSEE's exercise of such

rights.

ARTICLE 4

TITLE/RESERVATION OF TITLE

This Agreement shall vest in LICENSEE no right, title nor Interest in and to the

Premises, described In Exhibit"A," otherthan the privilege of using same forthe expressed

. purposes and on the tenns and conditions herein set forth. It is expressly understoOd that

the tee ownership to said Premises shall remain in COUNTY for such use and occupation

as COUNTY, its successors or assigns may desire to make ofthe Premises, subject only to

the license rights hereby given to LICENSEE to install, maintain, operate, repair, replace

and remove its Pipeline(s).

ARTICLE 5

TERM

This Agreement shall be effective on the date it is fully executed by all parties and

shall continue for a period of ten (10) years unless sooner terminated as provided herein.

ARTICLE 6

BULK PETROLEUM PRODUCT PIPELINE INSTALLATIONSJ RESERVATION OF

RIGHT TO USE SURFACE.

6.1 Th~ existing Plpeline(s) shall be maintained in a good state of repair and at

their original design depths. Any new or replacement Pipeline(s) shall be laid underground

so that there will be not less than thirty-six (36) covered inches between the top of the

Pipeline(s) and the surface of the land and thereafter maintained in a good state ofrepair.

Such installation shall be in accordance with all laws, ordinances and regulations now or

.hereafter imposed by all governmental bodies, agencies or regulatory entities having

jurisdiction over such activities, including the reasonable requirements ofCOUNTYand the

operator ofthe railroad facilities at the Port.

6.2 COUNTY shall insure that, once installed, the depths ofthe Pipeline{s) sliall

not be disturbed by oth~rs in the Port by surface removal or otherwise. Should any

4

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p~vement, railroad trackage, or other improvement be damaged or removed during the

insts.llation, maintenance, repair, replacement or removal ofthe Pipeline(s) herein provided

for; or should any such pavement, railroad trackage, or other improvement subside or

otherwise deteriorate after such installation or repair for reasons caused by work or

installatlon by LICENSEE or its operation, maintenance, or removal of the Pipeline(s),

LICENSEE shall at its own expense replace, restore, or repair same to the condition at

least equal to that existing immediately prior to such damage or removal.

. 6.3 This license is subjectto the understanding ofthe parties that the Plpeline(s)

will be Installed and maintained below ground. COUNTY expressly reserves the right to

continue to use orto alloYi third parties to use the surface ofthe Premises accommodating

the IJcense hereby granted, including the right to store cargo thereon: prOVided, that such

C()ntlnued use will not unreasonably interfere with the rights and uses granted LICENSEE

hereunder. COUNTY agrees that It will not build, or allow to be built, any permanent

structures on the Premises during the term hereof.

6.4 If it should become necessary for LICENSEE to temporarily use the surface

area ofthe Premises for repair or replacement ofthe Pipeline(s), LICENSEE and COUNTY

shall work together to minimize the cost of removal and replacement of any cargo or other

materials sto~d thereon. The cost ofsuch removal and replacement ofsaid cargo or other

materials shall be borne by LICENSEE.

6.5 LICENSEE shall repair any damage or injury to the Premises caused by its

exercise ofthe privileges granted in this Agreement, inclUding all buildings and structures,

promptly restoring the same to the condition at least equal to that existing immediately prior

to such damage or injury, at no cost whatsoever to COUNTY. The obligation of the

LICENSEE in this respect shall not only surviv~ the original installation ofthe Pipeline(s) or

damage or injury, but shall be applicable to further replacements required because of the

settlementofearth or other cover materials or otherwise unless such damage is caused by

others.

6.6 Except as otherwise prOVided herein, all brush, trimmings and other growth

cut by LICENSEE and all earth and other material removed by LICENSEE shall be

removed and disposed of by LICENSEE at Its own cost and expense and at no cost or

expense whatsoever to COUNTY.

6.7· COUNTY shall have the right, at any time during the term of this Agreement,

to Install, develop or re-develop utilities, cables, roads, parking areas, pavements, piers,

docks, deep water slip areas, railroad tracks, or other Port related infrastructure under,

over, and within the Premises covered by this Agreement COUNTYand LICENSEE shall

take such steps as are necessary in order to protect LICENSEE's Pipeline(s) and not

I.Jnreasonably interfere with. LICENSEE's operations. If relocation of Pipeline(s) is

necessary as determined by COUNTY, LICENSEE shall completely remove such

Pipeline(s) and restore the Premises to grade level, all at the sale cost and expense of

LICENSEE. A notice in writing of its intention to install andlordevelop such improvements

shall be glveri by COUNTY to LICENSEE one (1) year before same shall be made. Any

5

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required changes, relocation, or removal of the Pipeline(s) as necessary shall be made by

LICENSEE within said time period stated above. COUNTY shall provide LICENSEE

adequate alternative licenses thatwill enable LICENSEE to Install or relocate its Pipeline(s)

in order to continue to transport the same amount of Product(s) as before the required

relocation or removal of the Pipeline(s). During any installation, maintenance, repair,

removal, or relocation of the Pipeline(s), both LICENSEE and COUNTY will ensure that

each others operations shall not be unreasonably interrupted. LICENSEE is aware thatthe

Port Master Plan, as currently written, envisions the re-development of existing roads and

petroleum piers, which would require relocation or removal of the Pipeline(s) by the

L1CEN.SEE at its expense.

ARTICLE 7

LICENSEE'S CONFORMANCE TO RULES AND REGULATIONS OF COUNTY

7.1 LICENSEE agrees to conform to and abide by such written rules, regUlations,

and policies as may from time to time be adopted and imposed by COUNTY with reference

to Installing, maintaining, operating, repairing, replacing, abandoning or removing of its

Pipeline(s). COUNTY agrees that such rules, regUlations and policies shall operate in a

uniform way with res·pect to all persons and entities engaged at the Port in the same or a

similar class of business and handling the same commodities or materials, as that agreed

to be conducted or handled by LICENSEE herein. Such rules, regulations and policies

shall be reasonable. COUNTY shall furnish LICENSEE a copy of such written rules,

regulations and policies upon request of LICENSEE.

7.2 LICENSEE, upon written request by COUNTY, shall provide COUNTYa copy

of its PIpellne{s) preventative maintenance, testing and inspection records. All

maintenance tests shall be performed in accordance with the latest provisions of Chapter

62-762, F.AC' J and other applicable state and federal regulations.

7.3 COUNTY, at its own expense, may conduct site Inspections ofthe Premises

and Pipeline(s) as reqUired, upon reasonable notice to LICENSEE.

7.4 LICENSEE shalf comply with all applicable federal, state and local statutes

and administrative rules and shall follow industry standards as criteria to operate, maintain,

and repair the Pipeline(s) to ensure an adequate level of competence.

7.5 It is a reqUirement ofthe COUNTY that it enter into contracts only with firms

that certify the establishment ofa drug free work place in accordance with Chapter 21.31 (a)

ofthe J3roward Coun~ Procurement Code. Execution ofthisAgreement by the LICENSEE

shall.serve as the liCENSEE'S reqUired certificatIon that they either have or that they will

establish a drug free work place in accordance with Chapter 21.31{a) of the Broward

County Procurement Code~

7.6 LICENSEE shall demonstrate the adequacy of the corrosion protection of

Pl"peline(s) by ,either. (1) providing the COUNTY with quarterly written reports detailing

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cathodic protection current readings of their equipment; or (2) actively participating in the

Port Everglades Corrosion Coordinating Committee, Inc., or its successor organization

which the COUNTY monitors regularly and which provides the COUNTY with an annual

Cathodic Protection Survey.

7.7 To facilitate effective cathodic protection of Pipeline(s) and insure

compatibility ofthe cathodic protection system(s), as applied to numerous other pipes and

eqUipment, in close proxlm"ity to the .Pipeline(s) but owned by different companies, the

COUNTY recognizes and supports the activities of the Port Everglades Corrosion

Coordinating Committee, Inc., or its successor organization SUbject to written rules,

regulations, gu'!delines and policies as may be imposed by the COUNTY with reference to

, placement of cathodic protection systems on COUNTY owned land Within the Port.

7.8 LICENSEE shall provide the COUNTY with immediate notification of all

failures or incidents involving suspected failures of Pipellne(s) followed by a copy of

Ineident Notification Form and/or Discharge Report Form concurrentwith the State required

filing. LICENSEE shall provide the COUNTY with copies of all follow~up correspondence

witli State aoo COUNTY environmental officials regardi,ng reported failures or incidents and

any resulting clischarge.

7.9 In the eventastructural failure of aPipeline(s) occurs, LICENSEE agrees that

in addition to,standard testing requirements currently in place for hydrostatic testing, it shall

also contract with an independent inspection and testing company to provide an in depth

analysis of the condition of the Pipellne(s) utilizing a current method of Inspection

acceptable to the COUNTY and LICENSEE.

7.10 At a minimum such analysis will Include a review of previous API 570

inspecti,on reports, an assessment ofthe effectiveness ofthe cathodic protection, cause of

ineidentlfailure, and a repair or replacement plan designed to avoid a re-occurrence.

7.11 Information regarding bulk prodUct piping incidents or failures will be analyzed

internally by the COUNTY, and if necessary, referred to a consultant for further

consideration at LICENSEE's expense. Any such consultant shall be approved by

LICENSEE and COUNTY before being engaged, and the approval of the consultant by

LICENSEE and COUNTY shall not be unreasonably withheld. .

ARTICLE 8

NOTICE

Any notice required or intended to be sentto the parties with reference to the subject

matter of this Agreement shall be sufficient jf posted by registered or certified mail

addressed as ·follows: '

Notice to the COUNTY shall be addressed to:

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County Administrator

Governmental center, Room 409

115 So'uth Andrews Avenue

Fort Lauderdale, FL 33301

With acopy mailed to:

PORT EVERGLADES:

Attention: Port Director

1850 Eller Drive

Fort'Lauderdale, FL 33316

Notice to the LICENSEE shall be addressed to:

FLORIDA POWER & LIGHT COMPANY

Attn: Tim Corson

Right 'of Way Representative

PO Box 8248

Fort Lauderdale, FL 33340

With copies mailed to:

FLORIDA POWER &LIGHT COMPANY

Attn: General Counsel

PO Box 14000

Juno Beach, FL 33408

FLORIDA POWER & LIGHT COMPANY

Attn: EMT Fuel Oil Manager

700 Universe Boulevard [EMT/JB]

Juno Beach, FL 33408

FLORIDA POWER & LIGHT COMPANY

Attn: EMT ContractAdministration

700 Univetse Boulevard [EMT/JB]

Juno Beach, FL 33408

ARTICLE 9

NON-EXCLYSIVE

The privilege provided to LICENSEE In this Agreement shall not.be construed as

precluding COUNTY from granting like or simila~ privileges to others, including the right of

COUNTY. its grantees or assignees in Implemei"nting the use of any such additional

licenses, to cross over or underthe Pipellne(s) Installed bY.L1CENS·EE hereunder provided

that no such grant shall interfere with th.e rights and use~ granted to LICENSEE herevnder. . . . .. . .'

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ARTICLE 10

TIME OF ESSENCE - PARTIES' RIGHTS CUMULATIVE

Time ofperformance by the parties ofeach and every provision. covenant and term

hereofIs and shall be forever construed to be ofthe essence ofthis Agreemenl The rights

ofthe parties hereunder shall be cumulative and In addition to rights otherwise provided by

the statutes and laws of tne State of Florida. Failure on the part of a party to promptly

.exercise any such available right shall not operate nor be construed to operate as awaiver

or forfeiture ,of any such right.

ARTICLE 11

TERMS BINDING ON SUCCESSORS AND ASSIGNS

The provisions and terms hereof shall extend to and be binding upon the parties

hereto their successors and assigns.

ARTICLE 12

INDEMNIFICATION

12.1 LICENSEE covenants and agrees at its sole cost and expense, to indemnify,

defend and hold COUNTY, its officers, agents, servants and employees harmless from and

against Indemnified Matters, which may at any time be imposed upon, incurred by or

asserted or awarded against COUNTY and arising from or out of the past. present, or

future installation, operation, maintenance, replacement. repair, abandonment or removal

of the Pipeline(s) or other use of the Premises (whether legal or illegal) by LICENSEE, its

predecessors, successors, assigns, servants, agents, or employees, except to the extent

such Indemnified Matters arise directly from the negligence of COUNTY or willful

misconduct of COUNTY, its predecessor, servants, agents, or employees.

. 12.2 Promptly after the receipt by COUNTY of written notice of any demand or

claim or the commencement of any action, suit or proceeding in respect of any of the

Indemnified ~atters, COUNTY shall notify LICENSEE thereof in writing; but the failure by

COUNTY promptly to give such notice shall not relieve LICENSEE of any liability which it

,may have to COUNTY hereunder.

12.3 It Is expressly understood and agreed that failure by COUNTY to object to any

actions taken by LICENSEE or' LICENSEE's failure to take any action shall not be

construed to be an approval by COUNTY of such actions orfailure to act.

12.4 LICENSEE's inder:nn!ty obligations underthisAgreement are exclusive of, and

in addition to. any and all insurance obligations which LICENSEE has underthisAgreement

af)d shall survive the term of t~ls Agreement.

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Matters.

ARTICLE 13

LICENSEE'S RIGHT TO ENTER: REQUIRED CONSTRUCTION PERMITS

13.1 It is expressly understood and agreed that LICENSEE shall have and

COUNTY grants to LICENSEE, the rights of ingress and egress upon, the Premises (as

well as the COUNTY's adjacent property, as reasonably required) at all times, for the

purpose of operating, installing, repairing, replacing, maintaining and removing the

Pipeline(s).

13.2 LICENSEE agrees that it shall not undertake any work, except under

emergency circumstances, involving installing, repairing, replacing or removing of any

Pipeline(s) on the Premises without and until the written approval of COUNTY for such

.planned work has been given. Such written approval by COUNTY shall not be

unreasonably withheld.

13.3 LICENSEE shall obtain all required governmental approvals for such work

and shall comply with such other rules and regulations as may be reasonably prescribed by

COUNTY, and shall take such steps as may be reasonably necessary or directed by

COUNTYto ensure that LICENSEE's sublessees, employees, invitees and guests observe

these requirements. All reasonable costs associated with the construction and repair of

any Pipeline(s), security fence, barrier, access control and monitoring system, inclUding, but

not limited to gates, signs or locks (keying and re-keying), which are currently installed orin

the future installed at the Premises by LICENSEE shall be borne by LICENSEE. COUNTY

reserves the right to take whatever action is necessary to rectify any security deficiency or

other deficiency and charge such costs and expenses to LICENSEE in the event

LICENSEE fails to act within a reasonable time frame after being notified by COUNTY of

any such deficiency. The provisions hereof shall survive the expiration or any other

termination of this Agreement as long as Pipeline(s) exist on the Premises.

ARTICLE 14

WHARFAGE AND OTHER PORT CHARGES; SHORE TANK MEASUREMENTS;

COMPLIANCE WITH TARIFF

14.1 ·L1CENSEE shall payor cause to be paid Wharfage on the Producl(s) offloaded by it from vessel~ or loaded by It on vessels at the Port and transported through the

Pipeline(s) as well as additional chs.rges for LICENSEE's use of other available services,

faC!lities:or equ.ipment at the Port as provided for in Port Everglades Tariff No. 12, any

amendments thereto or reissues thereof.

. 14.2: ,. No.· wharfage charges shall be assessed on Product(s) passing through

Pipeline(s) within·the license provided for herein, where such Product(s) have arrived at the

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Port by water and upon which wharfage charges have already been paid to COUNTY.

14.3 All wharfage charges imposed by COUNTY and paid by LICENSEE shall be

determined by shore tank measurements taken before and after delivery to sixty (60)

degrees Fahrenheit. Such measurements shall be based on a U.S. gallon oftwo hundred

thirty-one (23~) cubic Inches. with forty~two (42) gallons to the barrel. All measurements

shall be corrected to volume equivalents at sixty (60) degrees Fahrenheit in accordance

with ASTMnP Petroleum Measurement Table 7 (abridged) as amended or revised at the

time the gauge Is taken. Representatives of the COUNTY may be present when said

measurements are taken. LICENSEE agrees to furnish, each time Product(s) Is

,discharged at the Port, a sworn statement which will disclose the volume in barrels and

tYpe of Product(s) received or loaded by LICENSEE. 'LICENSEE agrees to furnish

COUNrY with a cOpy of the Ship's Manifest and related inspector's report for each cargo

unloaded or loaded over the wharf of the Port and such other records and data as might

reasonably be requested by COUNTY. LICENSEE also hereby gives COUNTY the right,

upon not I~ than three (3) business days' prior notice and during normal business hours,

to inspect LICENSEE's books and all other appropriate records in connection with such

deliveries from time to time and at such reasonable times as may be agreed upon between

the parties. The wharfage charges to be paid by LICENSEEto COUNTY shall be promptly

paid and be SUbject to the account receivable policy of the COUNTY, uniformly imposed.

14.4 In making use of the Premises. Port facilities, equipment or services,

LICENSEE agrees to be bound by the terms and provisions of Port Everglades Tariff No.

12, any amendments thereto or reissues thereof.

ARTICLE 15

COVENANTS OF PARTIES

15.1 COUNTY covenants and agrees with LICENSEE that throughout the term

hereof, it will provide, maintain and make available for use by LICENSEE, deep~water port

facilities that will provide efficient, safe and useable means forthe importation of Product(s)

by water. Any delay or failure to proVide such facilities that result from an Act. of God, an

Act of War, or through no fault or act of COUNTY, shall not be considered a violation or

breach by COUNTY of its obligations hereunder.

15.2 Facilities having specifications substantially the same as those which exist at

the time of the execution of this Agreement are acknowledged as fulfilling COUNTY's

obligation with regard to the terms of this section.

15.3 Notwithstanding any language contained herein to the contrary, LICENSEE

shall have no liability or obligation,to indemnify COUNTY for any pre-existlng environmenta'

impairments, liabilities, or conditions or any other environmental impairments, liabilities or

conditions not caused by LICENSEE, its predecessors, employees, agents, invitees or

contra,*,rs.

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15.4 In consideration of the foregoing, LICENSEE covenants and agrees with

COUNlY tha~ during the term of this Agreement or any extension thereof:

15.4.1 L1CENS!=E, its parent, and affiliated or related c9mpanies will not

import Product(s) into the Port Everglades Jurisdictional Area by any

means other than by water, rail or truck.

15.4.2 In the event LICENSEE brings into the Port, Product(s) by means

otherthan by water, rail ortruck this Agreement shall become null and

void arid LICENSEE shall remove any Pipellne(s) within the license

.g(anted hereunder and perform corrective action in accordance with

Article 21, TERMINATION/NON-USE, herein.

ARTICLE 16

INSURANCE REQUIREMENTS

16.1 LICENSEE shall maintain for the term of this Agreement, Commercial

General Uability, wC?r~ers Compensation, Business Automobile Uability and Environmental

Impairment Liability in the amounts as follows: .

16.1.1 Commercial General Liability in the amount of $25,000,000.00

combined single limit bodily injuryand property damage liability. Such

policy will indude premises/operations, independent contractors and

name Broward County Board of Commissioners as an additional

insured.

. . 16.1.2 Environmental Impairment Liability in the minimum amount of

$10,OqO,OOO.00 per occurrence.

16.1.3 Business Auto Liability in the minimum amount of $50,000.00 per

person, and $100,000.00 per incident as to Bodily injury and

$20,000.00 per incident as to Property Damage, with no deductible.

Such policy shall insure owned, non-owned and hired vehicles.

16.1.4 Wo~!<ers' compensation in compliance with Florida Statutes Chapter

440.as well as any applicable federal workers' compensation laws.

16.2 .Any policies..of insurance obtained hereunder shall be evidenced by

" .c~rtiflcate(s) ofirisurance which provide COUNTY with thirty (30) days' priorwritten notice

'. of Cancellation and/or non-renewal. LICENSEE may elect to self-insure these insurance

requi'rements in lieL! 'of obtaining policies for the types and at the limits provided herein.

16.3 LICENSEE has'be.e.n informed that COUNTY periodically reviews the required

minimum insurance limits set forth herein. LICENSEE may request in writing, at least sixty

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(60) days prior to the Agreement anniversary date, a review of insurance requirements In

this Agreement. Such request will receive written response, at conclusion ofreview within

sixty (60) days of request. .

ARTICLE 17

COMPLIANCE WITH LAWS

17.1 LicENSEE agrees that it will at all times comply with and abide by Port

Everglades Tariff No. 12 and all federal, stgte and local laws, ordinances, rules and

regulations of all governmental entities and agencies having jUrisdiction overthe activities

of LICENSEE underthisAgreement, expressly including those dealingwith environmental

protection, at the ~Ie expense of LICENSEE.

17.2 LICENSEE further agrees that it shall take all steps necessary to comply with

applicable provisions of federal, state or local law requiring a demonstration of financial

responsibility for petroleum terminal facilities, including, but not limited to, the following

options: it)surance~ guarante~, surety bond, letter of credit, or qualification as a selfinsurer. LICENSEE shall provide to COUNTY written evidence of Its compliance with such

financial responsibility requirements or evidence that it is notSUbject to such req~irements.

17.3 .COUNTY, as owner of the Premises, agrees that it will at all times comply

with and abide by all applicable laws, rules and regUlations and keep active, any permits

and/or licenses as required to meet its obligations hereunder.

ARTICLE 18

LICENSE, PERMITS. TAXES

18.1 LICENSEE agrees that It will obtain and keep in full force and effect all

licenses, permits, and authorizations required by any governmental authority, body, or

agency having jurisdiction or regUlatory power overthe business conducted by LICENSEE

at Terminal(s) in the Port.

. . 18.~ LICENSEE agrees that It will pay any and all taxes that may be levied on

rights or InterestS.granted to It hereunder and on any of its improvements. This obligation

. shall survive the ·term of this Agreement.

ARTICLE 19

ASSIGNMENT

Neithe'r t~is Agreement nor any rights or privileges emanating therefrom shall be

, assigned,. transferred or sub-let without the prior written conSent of COUNTY, which

consent shall.not.be unreasonably withheld.

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ARTICLE 2.Q

DEFAULT - REMEDIES

20.1 In the event that one of the parties should default in the performance of its

obligations hereunder and such default shall continue to exist or a cure has not been

Initiated for thirty (30) days after written notice of such default is given (as provided for in

Article 8. NOTICE herein), the nondefaulting party, at its option, may terminate this

Ag·reement. .

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20.2 In the event that one of the parties should default in the performance of its

. ,obligations hereunder and no termination ofthisAgreement is claimed by the nondefaulting

party, the nondefaulting party may pursue appropriate remedies arising from the default as

are provided for by law.

ARTICLE 21

TERMINATION/NON-USE

21.1 In addition to termination by COUNTY or LICENSEE in accordance with

Article 20. DEFAULT- REMEDIES herein, this Agreement may be terminated by COUNTY

upon non-use of the Pipeline(s) by LICENSEE for a continuous period of three (3) years.

21.2 Atthe end ofthe term or any extension thereof, or ifthis Agreement is sooner

terminated, LICENSEE, at Its expense and at the sole option of COUNTY shall either:

21.2.1 Remove the Pipeline(s) that are the subject of thi.s Agreement; or

21.2.2 Deactivate and/or abandon Pipeline(s) or segments thereof, in

accordance with specifications approved in writing by COUNTY and in

accordance with all applicable federal, state or local statutes or

regulations.

. 21.3'Such removal, abandonmentor deactivation shall commence within sixtY (60)

days from the end, of the term or extensions or sooner termination and shall proceed

uninterruptedly to' completion. In conjunction with the removal, abandonment or

deactivation, LICENSEE shall conduct, at its sole expense, an environmental assessment

using 'th~ services of competent and professional consultants with !Bxpertise in the

erivironmemtal assessment process. to assure that its installation or operation of the

Pipeline(s)' have not caused contamination of the environment in Coritravention of any

applicable fed~ral, state and/or local statutes or regulations. If the environmental

assessment indicates that the LICENSEE's use' and operation of the Pipeline(s) has

caused environmental,co'1~amination above the regulatory limits requiring corrective action,

LICENSEE will take complete financial and managerial responsibility for the required

. corrective action.

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ARTICLE 22

FORCE MAJEURE

In the event that either party Is delayed or prevented from fulfilling Its obligations

hereunder py acts of God, fires, hurricanes, floods, governmental action, acts of war,

strikes or any other cause beyond its control, such failure shall not be deemed to be a

breach of this Agreement and the time within which it must perform any such requirement

shall be extended by a period of time equal to the period of delay arising from any of said

causes.

ARTICLE 23

MISCELLANEOUS

23.1 This Agreement, and all provisions hereof, is subject and subordinate to any

written ordinances, rules or regulations which have been, or may hereafter be, adopted by

COUNTY pertaining to the Port. In addition, this Agreement is subordinate and SUbject to

the provisions 'of all written resolutions heretofore and hereafter adopted by COUNTY in

connection with any revenue bonds issued by COUNTY with respect to the operations of

the Port, or any improvements to the Port or any ofits facilities, and to the provisions of all

documents executed in connection with any such bonds, inclUding without limitation, any

pledge, transfer, hypothecation or assignment made at any time by COUNTY to secure any

such bonds.

23.2 Within eighteen (18) months afterthe commencementdate ofthis Agreement,

LICENSEE shall, at its expense, provide the COUNTY with a complete set of "as builf

plans and locations (using the Florida State Plane Coordinate Grid System and

signed/sealed by aState of Florida registered land surveyor) ofPipeline(s), both active and

inactive, at the Premises Including one set of machine readable disks containing electronic

data in an AUTOCAD format or other format acceptable to the COUNTY. Plans will be

updated to reflect completion of any additional installation and any alteration of said

Pipellne(s). All Improvements on the Premises shall be, and remain, free and clear of all

.liens, claims and encumbrances whatsoever. During any Installation, maintenance and

repair ofthe Pipeline(s), L1CENSEEshall.fumish COUNTY with two sets of"a8 built" plans.

23.3 . It is agreed by and between the parties hereto that this Agreement replaces

and supersedes all prior agreements, easements and rights ofway (and any amendments

theret~) relate~ to the s~bject matter hereof between LICENSEE and the COUNTY.

23.4 LICENSEE acknowledges that COUNTY Is subject to Development Orders

issued pursuantto Chapter ~,'Florida Statutes,'by the City ofFort Lauderda!e, the City of

Dania, .and Sroward COUNTY (collectively, "Development Orders"). COUNTY has

- completed its 1994 Fort Laude~ale-Hollywood International Airport Master Plan Update

. ("MasterPlan Update") and Its 1994 Fort laUderdale-Hollywood International Airport FAR

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Part 150 Program Update ("Part 150 Updatell). Accordingly, COUNTY will be seeking

regulatory approvals (collectively, "RegulatoryApprovalsll) consistentwith such plans and

the impl~mentation of such plans. which may include the following: (1) amendment ofthe

existing Dev~lopment Order~ consistent with Chapter 380, Florida Statutes. as may be

amended~ (2) 'Preliminary DevelopmentAgreement(s} from the Department ofCommunity

Affairs consistent with Chapter 380, Florida Statutes, as may be amended; (3) land use

snd 'zoning amendments pursuant to Chapter 163, Part II, Florida Statutes. as may be

amended;. (4) federal requirements; (5) such environmental permitting as may be required

by federal,' state. or !ocal regulations; and (6) any other regulatory approvals as may be

required by anygovernmental authority having jurisdiction overthe issuance of permits for

the approval and implementation of the Master Plan Update and,the Part 150 Update.

23.4.1 ~ICENSEE agrees to cooperate with COUNTY in connection with

COUNTY·s efforts to obtain the RegulatoryApprovals. From and after

the date ofexecution ofthis Agreement. LICENSEE agrees to support

COUNTY's efforts to obtain the Regulatory Approvals by executing

any document(s) or instrument(s) reasonably requested by COUNTY

in order to assist COUNTY in obtaining the Regulatory Approvals,

provided that LICENSEE shall not be reqUired to bear any expense In

connection therewith or execute any documentwhich is in conflict with

the rights granted LICENSEE herein.

23.5 LIMITATION ON EXPANSION OF LIABILITY OR INDEMNITY. Neitherparty

hereto shall take any action (whether by virtue of entering into any contract with any third

party or otherwise) to extend. Increase, or otherwise expand any liability or indemnity

obligation of the other party as applicable under the terms and conditions of this

Agreement.

23.6 AMENDMENTS. No modification, amendment. or alteration in the terms or

conditions contained herein shall be effective unless contained In a written document

prepared and executed by both parties with the same formality as this Agreement.

23.7 SEVERABILITY. In the eventthis Agreement ora portion thereof is found by

a court of competentjurisdiction to be invalid, the remaining provisions shall continue to be

.effective unless COUNTY or LICENSEE elects to terminate this Agreement. The election '

to terminate thisAgreement based upon this provision shall be made within seven (7) days

after the finding I;>y the court becomes final. " ....

23.8 JOINT PREPARATION. The parties hereto acknowledge that they have

sought and received whatever competent advice and counsel as was necessary forthem to

form a full and 'Complete understanding of all rights and obligations herein and that the

preparation ofthis.Agreement has:been ajoint effort ofthe parties, the language has been

agreed to by"the·parties.to express their mutual intent and the.resulting document shall not.

, .sol~ly as"s rns.tter ofjudiqial construction, be construed more severely against one of the

p~rtle~ tli:a~ :the other. . '. : .. ". .

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23.9 THIRD PARTY BENEFICIARIES. NeitherCOUNTY norLICENSEE Intends

to directly or sUbstantially benefit a third party by this Agreement Therefore, the parties

liereto agree that there are no third party beneficiaries to this Agreement and that no third

party shall be entitled to assert a claim against either of them based upon ttais Agreement.

23.10 NO WAIVER. Nowaiver by COUNTYor LICENSEE ofanydefaultcommitted

on the part of the other party In performance of any of the terms, covenants or conditions

hereofto be performed. kept o~ observed shall constitute a waiver or be construed to be a

waiver by COUNTY or LICENSEE ofany prioror subsequent default committed hereunder.

23.11 CAPTIONS AND HEADINGS. The section headings in this Agreement are

Inserted only as, a matter of convenience and for reference, and In no way define, limit or

describe the scope or infent of any provision hereof.

23.12 CUMULATIVE RIGHTS. All rights and remedies ofCOUNTYand LICENSEE

hereunder or at law or in equity are cumulative and shall be in addition to any other rights

and remedies available. The exercise of any right or remedy shall not be taken to exclude

or waive the right to the exercise of any other. Failure by COUNTY or LICENSEE to

,promptly exercise any of its rights shall not operate to forfeit or be treated as a waiver of

any such rights.

23.13 CHOICE OF LAW AND VENUE. Any controversies or legal cause of action

arising out of this Agreement and any action Involving the enforcement or Interpretation of

any rights hereunder shall be prosecuted in the state courts of Broward COUNTY, Florida

the venue situs, and shall be governed by the laws of the State of Florida.

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23.16 The LICENSEE shall not engage In or commit any discriminatory practice in

violation'ofthe Broward County Human Rights Act (Broward CoLinty Code, Chapter 16-112)

in performing any services pursuant to this Agreement

'23.1'7 AUDIT RIGHT AND RETENTION OF RECORDS.

23.17.1 CpUNTY shall have the right to audit the books, records, and

accou,nts of LICENSEE that are related to this Agreement.

LICENSEE shall keep such books, records, and accounts as may

be ,necessary in order to record complete and correct entries

related ,to t~e Agreement.

23.17.2 LICENSEE shall preserve and make available, at reasonable times

for ex~.mination and audit by COUNTY, all financial records,

supporting documents, statistical records, and any other

documents pertinent to this Agreement for the required retention

pe~od of the Florida Public Records Act (Chapter 119, Fla. Stat.),

ifapplicable, or, ifthe Florida Public Records Act is notapplicable,

for a minimum period of three (3) years after termination of this

Agreement. Ifany audit has been initiated and audit findings have

not been resolved at the end of the retention period or three (3)

years, whicheveris longer, the books, records, and accounts shall

be retained until resolution of the audit findings. If the Florida

Public Records Act is determined by COUNTY to be applicable to

L1CENSEE's records, LICENSEE shall comply with all

requirements thereof; however, no confidentiality or noooisclosure

requirement of either federal or state law shall be violated by

LICENSEE. Any inpomple~, or incorrect entry in such books,

records, and accounts shall be a basis for COUNTY's

disallowance and recovery of any payment upon such entry.

23.18 SECURITY.

23.18.1 To the extent applicable to the Premises, and while on the

Premises and otherland SUbject to Section 311.12, F.S., within the

Port, LICENSEE, a~ Its sole cost, shall comply with Section 311.12,

·ES.,' Seaport security standards, and Section '311.125, ES.,

Unif~.rm 'Port Acce~ Credential System, as same may be

amended from time to time, relating to security regUlations for

ports, arid shall obtain all necessary security clearances, including

crimin~1 'background checks for the LICENSEE's employees,

contractors. or subcontractors, that may be required pursuant to

the COUNTY's security plan for the Port '

23.18.2 '(n ~ddition, LICENSEE arid COUNTY acknowledge that security

measureS at Port Everglades may be increased and that such

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eff9rts will likely Impact the Premises. In this regard, LICENSEE

agrees to cooperate with COUNTY's efforts to Increase security

and.agrees to comply with all security rules and regulations.

whether impose(j by federal agencies. including but not limited to

tti~ U.nlted States Custom Service. the United States Coa~t Guard.

the SUilte' of Florida. or COUNTY. LICENSEE. at its Sole cost,

shall be responsible for complying with all security-related

m~.asures· that impact the Premises. LICENSEE and/or its

~mpI9yees. r~presentatives. contractors, guests. and Invitees.

23.1'9. MULTiPLE ORIGiNALS. This' Agreement may be executed in four (4)

c~unterparts. each of which shall be deemed to be an original. .

(THIS SPACE INTENTIONALLY LEFT BLANK)

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IN WITNESS WHEREOF, the· parties have made and executed this Ucense

Agreement on the respective ~ates under each signature: BROWARD COUNTY through

its BOARD OF COUNTY COMMISSIONERS, signing b~d through Its ,

authorized to execute same by Board action on the #f;f,Jay of ) (M...(... . , 2008,

and FLORIDA POWER & LIGHT COMPANY.. signing by and through its

j'f\:\9). . , duly authorized to execute same.

COUNTY

______ ~u.-L. , 2008

LICENSEE

WITNESSES: & LIGHT COMPANY

BY~Dw;r f/ Joa~h .'Hagan

(pRINT;::)... /

BV#9-

:7..H L~q 1/ day of.' .::;v", c- , 2008

(PRINT NAME) v . . G:\PORT\LEGAL\WPD0CS\200lnEaaemenla & P1pe1lnas.o8\FPL Plpellne.doc

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POINT, HI!IU!INAPT2IlTO BIUtNOWf( A8ll1lPRRI!NCB POINT "I." BEING THE Pmtn' 01' TERMINATION.

TOGnflER Wn'H:(A 'UlI POOT wmEPlrWNI: IASEMENTl

"STRIP OF v.ND 1.YI1(O ,",0FarrON EAOI'Sm.e: 01'AS MBltSUIUltl AT RlOHTANGUS TO f'HI!: I'OLLOWINO

DI!SClU8ED C'BNTJlRLIN8:

BEGINNING A151110 .£FElt!NCE POINT !'JI":THENCB NORTH 1l1"34'J2"W ADISTANCE OF 26.7' FEETTO A

POINT ON THB SOUTH LINE OF AN EA8BM2N1',aa AN ISOLATION PIT, SAID POINT BIlING THE POINTOJ'

TOMIMTION.

TOGETIRft WITH:(A '.10 mar WIDE PIPELINE EAIEIIfEHT)

AmuI" OF LAND I.Yn«J 30$0 f'III!TON eACH SIDEOF AS MEASURED AT RJOHT ANGLes TO THE1OLLOWlHO

DI!SC1WlED CENTERLINE:

..wiNNING ATSAID RmRENC& POINT "J": TfIENC2 SOUTH 0'00'00" BAST ADISTANCE Of 72.14 PIlBT TO

11IE NOJl11l L/llE OJ: THE LOADINO ARM ARBA LBAIII! TOaJFFBBQV. AS SHOWN ON POlT BVERGLAOBS

DRAWINO NO. ISP 337S AS R2VISEI) 1011191, BEINO THR POM Of1'OMIMATIOJIl

TOGB11fBK WITB, (A. VALW.IT EAsum:'lT o\TBlRTIIIJ)

COMM!:l'fCJMG AT SAID unaENC£POWI'-H": 'IlIIlNCB SOUTK 1IZ"J41U" EurIi. OIR1'ANC!i OF ....04 JI8In)

ntENCB NOllnf 81" 25'28" RAST It. DlSTANCB OP UO FBBTTOTHE pOIJlfT or 1ICOINI'lINC:TIWlCENOJmI

02"14'lr' WHIT ADIBrANC8OP 4.0 FI!~ THENC6 NOllm 8l'2''2S-11A.ST Ablm"ANCE Ol' 14.0 FUl\ TH1!NC8

SOUTH 03"34'12- MST ADISTANCE DJ'11.5 FEET; THENCE SOUTH 17'25'18" WEST ADISTANCE OF 14.0 I'U-f;

mENCENORTH OZOl4'32" WIst'A DISTANC!!: OF7.5 lIEET TO TH!! POINTOFBEeINNING:

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8~1I'iGAt SIJD REPEUHCI POINT"L": THIlNCR SOlmtI'" 54'41" WEST ADIlITANCE Of' 2.60 FEBT;

11IEl'lCI! NORTH 01'05'19" WBST" DISTANC£ Of II.II': THENCI! \II0R11II1'S4,.I" £AS ADISTANCE OF 17.0

F88T:THENCB SOUTII oaVI9" EASTII DIITI\NCBOF 11.0 P8BT; THI!)lClSOllTH 87"5 41" WIlST ADISTANCE

Dr 14.01 J'6ETTO mE POINTorBEGINNINC.

EXTENDI),'Q AND SHORTI!NING S1DIiL1NEll OF STlIP DJlSCRIIITIONS so AS TO IHTERSECTnm SIDl!UNIlS.

THESE I,JKJAI, DSSClUPTIO'NS AJ.E INTBNDllD TO COVER ALL UHDEll<moUND PBTROLBUM PACILITIU

CURUN11.VOWNBD BY FLORIDA POWBRANDLIGHTCOMPANY, .

IlAID LAMlS !lmJATRA\IID BEIHO IH THaCITY OF HOU.YWOOD. BIlOWARO COUNTY FLOlUDA.

film:tHE 81!:1WNGS JlE1IIlIUlNCBD HIlft£JN ARB BASED O1tA !WIRINGOF SOUTH 02'01"0' lAST ON 'IlIf;

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nmREOF AS RECORDED IN PLATBOOK, 155. PAGE Il OPSAID PUBLIC RECOJU)& 01' BaoWAllDCOUNTV.

'LOlUPA,

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31121911
C£RTIFICATE:

IHBRIBY CERTIFY 11IATnDS Dl!SClUP'I10N ANO SJCBTaI CONfOAMS 1'0 lHBMINJMtJM 'JECHNJCAL

STANDARDS FOR I.AND SWLYBYINO IN 'I1lH stATEOF f101WJA, AI OUlUNED IN CHAPTBl.II1017.f

(PI.()RIIM, ADMINISTRAllVE CODE). AS AOOml> 8Y "J1Oj;DEI'AAn.tHHTOP BUSlNBSS AND PI.OFBSSfONAL

RB01JJ.A11ON. BOARD OPPlWPESSroNAL 8UllVEVORSANO MAPPEIlS iNSI!I"I'l!MDI!R 1911. AS AMENDED,

PUK$U,uft'TO<:HA!"l'M471027 Of nmPLOlUDA STATUTES, AND IS TRUe: AND OOIUlBCrTOTHB REST OF

MY JtMOWLBOOB AND B£LIBfl. .

IIHEET40Pg

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SKETCH TO ACCOMPANY DESCRIPTION

fP\. OIL EASEMENT NO.1 SHEET 5 OF' 9

~EASTUNE t

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EASEMENTS TO FPL

FUR PETROlfUM fACIUTIES

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SKETCH 1"0 ACCOMPANY DESCRIPTION

FPL. OIL EASEMENT NO,1 SHEEr S OF D

'''[

EASf.:lotENlS TO FPL.

FOR PETML£~101 FACIUTIES

flOC-POINT OF COMMENCEMENT

POB-POIHT OF SRINNINO

POJ'·PQlfolT OF TflNI"'TION

RP-REFER£NCE POINf

SKETCH TO ACCOMPANY DESCRIPTION , ..PORT __EVERGUDFS or _ cetIIn'

50nO'UI"£

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SKETCH TO ACCOMPANY DESCRIPTION

FPL OIL EASEMENT NO.1 SHEET 7 or 9

.~ SI<£TCH TO ACCOMPANY DESCRIPTION

PORT EVERGLADES ,......,..--~

EASENENTS TO t"P\.

F'Ott PETROLElJU FACtUTJES
,...---------- -----------... SKETCH TO ACCOMPANY DESCRIPTION

FPl. OIL tASEMENT NO.2 SHEET 8 OF' 9

1.1' ,/

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NO. 1~" PARCEL "A"

pe 1~5 PG. 12

SKETCH TO /tX0Mf'Nf( OESCRlPTCOfII

POR'l' ~VERGUDES _1II'IlIDIt or _ GDlIl/IY

POC-POINT or. COUL4£NCtUENT

POR-POINT 0' IlmlNNrMO

POT-POlijT OF 'l'ERIiIIN.*otlON

RP-RILF'E1t£tolC£ POINT

EASEMENTS TO FPL ~o~ Ol~ UNES _.. !III' IX'
St<ETCH '1 J ACCOMPANY DESCRIF- ,ON

FPl. OIL fASfMENT NO.2 SHEET 9 OF 9

WEST UNE "P0Rf EVEftOW)E'S t NO. IJ- PARCEL ..... PlA7 &QCt( ," MGE 12 8.C.P.R.

SI<tTCH TO ACCOUPAHV DESCRIPTION

PORr EVSRGUI>ES I. ..__GfIIIln'

POO-POINr OF CC»64ENClUENT

POI-POINT OF BEOINNlNQ POI'-PCIINf OF' TERlIlUiTlON

RP-RE1"ERrNct POINT

EASEMEHTS TO fPL

FOR PETROLEU~ FACILITIES

"- ... -329

t
Attachment E

License Agreement for ULSD Oil Pipeline (to be attached)
Attachment F

License Agreement for Aquatic Organism Return System (to be attached)
Appendix I

NPDES Permit FL0001538 (to be attached)