2025.04.17-SP-Permit-Form-Final-202401041.pdf

DEPARTMENT OF THE ARMY PERMIT

Permittee: WALTON COUTNY PUBLIC WORKS, c/o CHARLES COTTON

Permit No: SAJ-2024-01041 (SP-LMF)

Issuing Office: U.S. Army Engineer District, Jacksonville

NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.

You are authorized to perform work in accordance with the terms and conditions specified below.

Project Name: Nellie Drive ROW Extension and Stormwater Infrastructure (from Chat Holly to U.S. Highway 98)

Project Description: To discharge approximately 18,600 cubic yards of clean fill material into 4.43 acres of wetland and 0.29 acre of ditch to construct a new, 1.00-mile roadway extension/alignment to the north from Nellie Road to Chat Holley Road. The new alignment would consist of a two-lane rural roadway section equipped with a curb and gutter collection system. The proposed surface water management system would consist of two hydraulically separate wet detention ponds located along the eastern portion of the roadway alignment.

The work described above is to be completed in accordance with the project impact drawing (Attachment 1) and Clean Water Act Section 401 water quality certification (Attachment 2) affixed at the end of this permit instrument.

Project Location: The project site is located at the intersection of Chat Holly Road and Nellie Drive, Section 26, Township 2 South, Range 20 West, in Walton County, Santa Rosa Beach, Florida 32459.

Directions to site: From Pensacola take I-10 East toward Tallahassee for +/- 72 miles to exit 85, turn right (south) onto US-331 South, and continue for +/- 23.7 miles. Turn right (west) onto Chat Holly Road and continue for +/- 2.25 miles. The proposed right-of-way (ROW) is on the left (south) side of the road.

Approximate Central Coordinates: Latitude: 30.3756597° North Longitude: -86.212053° West

Permit Conditions

General Conditions:

1. The time limit for completing the work authorized ends on April 7, 2030. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.

2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

4. If you sell the property associated with this permit, you must obtain the signature and the mailing address of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization.

5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions (Attachment 2).

6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.

Special Conditions:

1. Prior to commencement of work, the Permittee shall provide verification to the Corps that 3.39 palustrine forested federal mitigation bank credits have been purchased from the Nokuse Mitigation Bank (SAJ-2007-02663). The required verification shall reference this project's permit number SAJ-2024-01041 (SP–LMF).

2. The Permittee shall use only clean fill material for this project. The fill material shall be free from items such as trash, debris, automotive parts, asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance in toxic amounts, in accordance with Section 307 of the Clean Water Act.

3. Prior to the initiation of any work authorized by this permit, the Permittee shall install erosion control measures along the perimeter of all work areas to prevent the displacement of fill material outside the work area into waters of the United States. The erosion control measures shall remain in place and be maintained until all authorized work is completed and the work areas are stabilized.

4. No structure or work shall adversely affect, impact, or disturb properties listed in the National Register of Historic Places (NRHP), or those eligible for inclusion in the NRHP. If, during the ground disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with native cultures or early colonial settlement), the Permittee shall immediately stop all work and ground-disturbing activities within a 100-meter diameter of the discovery and notify the Corps at the addresses listed in the Reporting Address Special Condition within the same business day (8 hours). The Corps shall coordinate with the Florida State Historic Preservation Officer (SHPO) to assess the significance of the discovery and devise appropriate actions.

5. The action falls within the range for the tricolored bat (Perimyotis subflavus) which is proposed to be federally listed under the Endangered Species Act. To avoid potential adverse effects on this species, the permittee agrees to forego tree clearing during May 1 – July 15. If this species become federally listed and the final critical habitat is designated and the authorized work has not been completed, you are required to stop work and ask the Corps to re-evaluate the effects of the permitted action on the bat, and if needed, complete Section 7 consultation with the U.S. Fish and Wildlife Service to address potential impacts to this species.

6. Within 10 days from the date of initiating the work authorized by this permit, the

Permittee shall submit a completed “Commencement Notification” form (Attachment 3).

7. The Permittee shall have available and maintain for review a copy of this permit and approved plans at the construction site.

8. If information in the permit attachments conflict with the special conditions of this permit, the requirements of the permit special conditions shall prevail.

9. Within 60 days of completion of the work authorized by this permit, the Permittee shall submit as-built drawings of the authorized work and a completed “As-Built Certification by Professional Engineer or Surveyor” form (Attachment 5) to the Corps.

The as-built drawings shall be signed and sealed by a registered professional engineer or surveyor and include the following:

a. A plan view drawing of the location of the authorized work footprint, as shown on the permit drawings, with an overlay of the work as constructed. The plan view drawing should show all existing water management structures and the completed structures, dredge/fill activities, and wetland impacts.

b. A list of any deviations between the work authorized by this permit and the work as constructed. In the event that the completed work deviates, in any manner, from the authorized work, describe on the attached “As-Built Certification by Professional Engineer” form the deviations between the work authorized by this permit and the work as constructed. Clearly indicate on the as-built drawings any deviations that have been listed. Please note that the depiction and/or description of any deviations on the drawings and/or “As-Built Certification by Professional Engineer” form does not constitute approval of any deviations by the Corps.

c. The Department of the Army permit number on all sheets submitted.

10. The Permittee shall submit all reports, notifications, documentation, and correspondence required by the special conditions of this permit to either (not both) of the following addresses:

a. For electronic mail (preferred): SAJ-RD-Enforcement@usace.army.mil (not to exceed 15 MB).

b. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019.

The Permittee shall reference this permit number, SAJ-2024-01041 (SP-LMF), on all submittals.

Further Information:

1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:

( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)

(X) Section 404 of the Clean Water Act (33 U.S.C. 1344)

( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413)

( ) Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. 408)

2. Limits of this authorization.

a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law.

b. This permit does not grant any property rights or exclusive privileges.

c. This permit does not authorize any injury to the property or rights of others.

d. This permit does not authorize interference with any existing or proposed Federal projects.

3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:

a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.

b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest.

c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit.

d. Design or construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this permit.

4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided.

5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:

a. You fail to comply with the terms and conditions of this permit.

17 April 2025

When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.

(TRANSFEREE-SIGNATURE) (DATE)

(NAME-PRINTED)

(ADDRESS)

(CITY, STATE, AND ZIP CODE)

Attachments to Department of the Army Permit Number SAJ-2024-01041

1. PERMIT DRAWINGS: Old Town Santa Rosa, Foreman Property, Nellie Drive Extension, Walton County, Wetland Impacts Key Sheet, 1 page, dated July 10, 2024

2. WATER QUALITY CERTIFICATION: Northwest Florida Water Management District, Individual Environmental Resource Permit, Permit Number: IND-131-317438-1, Project Name: Walton County- Nellie Drive Extension, 14 pages, dated October 3, 2024

3. COMMENCEMENT NOTIFICAITON FORM: 1 page

4. SELF-CERTIFICATION FORM (ENG FORM 6285): 1 page

5. AS-BUILT CERTIFICATION FORM: 2 pages

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PRELIMINARY

LICENSE NO.

7/11/2024

THESE DOCUMENTS ARE FOR INTERIM

REVIEW AND NOT INTENDED FOR

REGULATORY APPROVAL, PERMIT, BIDDING

OR CONSTRUCTION PURPOSES. THEY

WERE PREPARED BY OR UNDER THE

SUPERVISION OF:

NAME

FOR INTERIM REVIEW ONLY

DATE

FIRM / BUSINESS NO. STATE

AUSTIN D. CUSHING 94521

LB 8348 FL

SCALE IN FEET

50 100 200

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BEGIN PROJECT

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END PROJECT

℄ CONST. NELLIE DRIVE EXT.

STA. 50+26.32

PROPOSED R/W LINE

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NOTES:

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IMPACT

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DITCH IMPACTS

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October 03, 2024

Charles Cotton Walton County Public Works 117 Montgomery Cir DeFuniak Springs, FL 32435-4730

RE: Notice of Final Agency Action - Approval Individual Environmental Resource Permit Permit Number: IND-131-317438-1 Project Name: Walton County- Nellie Drive Extension

Dear Sir/Madam:

Enclosed is the approved individual Environmental Resource Permit (ERP) for the above referenced project as authorized on October 03, 2024 by the Northwest Florida Water Management District.

Please be sure to read the enclosed permit and all exhibits in their entirety, paying close attention to the permit conditions in Exhibit A that require you to perform maintenance activities on your stormwater system and to have inspections performed by a Registered Professional at specified times throughout the life of the stormwater system.

Please be advised that you are required to fully execute and submit the following documents:

“Construction Commencement Notice” [Form 62-330.350(1)] - Submitted to the District no later than 48 hours prior to commencement of any part of the activity authorized by the enclosed permit.

“As-Built Certification and Request for Conversion to Operational Phase" [Form 62-

330.310(1)] Submitted to the District no later than 30 days after the activity has been completed.

Copies of these and other ERP forms are available for download on the District website at http://www.nwfwater.com/Permits/Environmental-Resource-Permits/Application-Forms

Please be advised that the District has not published a notice in the newspaper of local circulation advising the public that a permit has been issued for this activity. Publication, using the District form, notifies the public of their rights to challenge the issuance of this permit. If proper notice is given by publication, third parties have a 21-day time limit to file a petition opposing the issuance of the permit. If you do not publish, a party's right to challenge the issuance of the permit may extend indefinitely. If you wish to have certainty that the period for filing such a challenge is closed, then

L2RDNLMF

Typewritten Text (Attachment 2)

Walton County- Nellie Drive Extension IND-131-317438-1 you may publish, at your expense, such a notice in a newspaper of general circulation. A sample notice form is attached for your information. If you choose to publish such a notice, please submit a copy to the District for our records.

The issuance of an Environmental Resource Permit for this activity does not eliminate the need to obtain all necessary permits or approvals from other agencies.

Should you have any questions regarding your permit or its conditions, please contact your permit reviewer, Dana Palermo, P.E., at (850) 951-4660 or by e-mail: Dana.Palermo@nwfwater.com, Erica Roberts, at (850) 951-4660 or by e-mail: Erica.Roberts@nwfwater.com and Dylan Ryals- Hamilton, CWE, at (850) 539-5999 or by e-mail: Dylan.Ryals-Hamilton@nwfwater.com

Sincerely, Dana Palermo, P.E.

Chief, Bureau of Environmental Resource Permitting cc:

Consultant:

Austin Cushing Halff 130 N Richard Jackson Blvd Ste 103 P C Beach, FL 32407-2668

Rayne Mattson Biome Consulting Group 3298 Summit Blvd Ste 44 Pensacola, FL 32503-4350

Enc:

Environmental Resource Permit Number: IND-131-317438-1 Sample Newspaper Notice Notice of Rights

NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT

INDIVIDUAL ENVIRONMENTAL RESOURCE PERMIT

PERMIT NO: IND-131-317438-1 DATE ISSUED: October 03, 2024 PROJECT NAME: Walton County- Nellie Drive Extension CONSTRUCTION PHASE EXPIRATION DATE: October 03, 2029

A PERMIT AUTHORIZING:

The construction of a surface water management system to serve an approximately 7.47-acre project located between U.S. Highway 98 and Chat Holley Road, at the current terminus of Nellie Drive, in southern Walton County. The proposed project consists of a new, 1.00-mile, roadway extension/alignment to the north from Nellie Road to Chat Holley Road. The new alignment will consist of a two-lane rural roadway section equipped with a curb and gutter collection system. The proposed surface water management system consists of two hydraulically separate wet detention ponds located along the eastern portion of the roadway alignment. The ponds have been designed to discharge toward either a mosquito control ditch or toward the northern right-of-way of U.S.

Highway 98. The project includes direct impacts to approximately 4.43 acres of wetlands and 0.29 acres of wet ditches for the construction of the roadway and surface water management system, with approximately 3.52 acres of associated secondary impacts. Impacts to wetlands will be offset through the purchase of credits from Nokuse Plantation Mitigation Bank. The surface water management system is in accordance with the approved plans prepared by Halff and Associates.

LOCATION:

Section(s):

25, 26

Township(s):

2S

Range(s):

20W

Walton County

ISSUED TO:

Walton County Public Works 117 Montgomery Cir DeFuniak Springs, FL 32435-4730

Permittee agrees to hold and save the Northwest Florida Water Management District and its successors harmless from any and all damages, claims, or liabilities which may arise from permit issuance. Said application, including all plans and specifications attached thereto, is by reference made a part hereof.

This permit does not convey to any permittee any property rights nor any rights or privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee.

This permit is issued pursuant to Part IV of Chapter 373, Florida Statutes (F.S.), and Chapter 62- 330, Florida Administrative Code, (F.A.C.), and may be revoked, modified or transferred at any time pursuant to the appropriate provisions of Chapter 373, Florida Statutes.

This permit also constitutes certification compliance with water quality standards under Section 401 of the Clean Water Act, 33 U.S. Code 1341.

PERMIT IS CONDITIONED UPON:

See conditions on attached “Exhibit A”, dated October 03, 2024

AUTHORIZED BY: Northwest Florida Water Management District Division of Resource Regulation

By:

Dana Palermo, P.E.

Chief, Bureau of Environmental Resource Permitting

"EXHIBIT A"

CONDITIONS FOR ISSUANCE OF PERMIT NUMBER IND-131-317438-1

Walton County- Nellie Drive Extension DATED October 03, 2024

1. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S.

2. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction.

3. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project-specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit.

4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), “Construction Commencement Notice,” [October 1, 2013], incorporated by reference herein (http://www.flrules.org/Gateway/reference.asp?No=Ref-02505), indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. If available, an Agency website that fulfills this notification requirement may be used in lieu of the form.

5. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity.

6. Within 30 days prior to completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable:

1. “As-Built Certification and Request for Conversion to Operational Phase” [Form 62- 330.310(1), (Effective Date June 28, 2024)]

2. "Financial Capability Certification" [Form 62-330.301(26), (Effective Date June 28, 2024)]

3. "Transfer to Operation and Maintenance Entity" [Form 62-330.311(2), (Effective Date June 28, 2024)]

7. If the final operation and maintenance entity is a third party:

1. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as-built certification, whichever comes first, the http://www.flrules.org/Gateway/reference.asp?No=Ref-02505 permittee shall submit, as applicable, a copy of the operation and maintenance documents (see Section 12.3 of ERP Applicant's Handbook Volume I, Effective Date June 28, 2024) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located.

2. Demonstration of Financial Capability for Operation and Maintenance by submitting “Certification of Financial Capability for Perpetual Operations and Maintenance Entities” [Form 62-330.301(26), (Effective Date June 28, 2024)] This form is to include documentation demonstrating the reservation of funds have been made for the third party.

3. Within 30 days of submittal of the as-built certification, the permittee shall submit “Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity” [Form 62-330.310(2), (Effective Date June 28, 2024)] to transfer the permit to the operation and maintenance entity, along with all applicable the documentation listed in the form.

8. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes.

9. This permit does not:

1. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.;

2. Convey to the permittee or create in the permittee any interest in real property;

3. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or

4. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee

10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed.

11. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit.

12. The permittee shall notify the Agency in writing:

1. Immediately if any previously submitted information is discovered to be inaccurate;

and

2. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase

13. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit.

14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S.

15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise.

16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards.

17. This permit is issued based on the applicant’s submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts.

18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property.

19. Record-keeping. The permittee shall be responsible for keeping records documenting that relevant permit conditions are met. This documentation shall include, at a minimum, the date of each inspection, the name and qualifications of the inspector, any maintenance actions taken, and a determination by the inspector as to whether the system is operating as intended. Inspection documentation must be readily available and shall be provided at the District's request. Submittal of inspection documentation to the District is to be in accordance with the criteria listed under Section 12.5 of ERP Applicant's Handbook Volume I.

20. Once project construction has been deemed complete, including the re-stabilization of all side slopes, embankments, and other disturbed areas, and before the transfer to the Operation and Maintenance phase, all obsolete erosion control materials shall be removed.

21. The wet detention area shall be inspected periodically for debris and trash built up around the discharge structures. Accumulations of debris and trash that negatively affect the function of the system shall be removed upon discovery.

22. Inspections by a Registered Professional. The stormwater management system shall be inspected by a registered professional to evaluate whether the system is functioning as designed and permitted. The Registered Professional may record his inspection on Form No 62-330.311(1), Operation and Maintenance Inspection Certification or may provide his evaluation in any other format; however any report must be signed and sealed by the Registered Professional. The reports are to be kept on file and made available upon request. Inspections shall be made by the Registered Professional in accordance with this schedule:

o On the first anniversary of the date of conversion to Operation and Maintenance Phase.

o Every fifth year on the anniversary of conversion to Operation and Maintenance phase, after the first year of successful operation.

23. Reporting by a Registered Professional. Within 30 days of any failure of the stormwater management system or deviation from the permit, a report shall be submitted to the District on Form 62-330.311(1), Operation and Maintenance Inspection Certification, describing the remedial actions taken to resolve the failure or deviation. This report shall be signed and sealed by a Registered Professional.

24. All storage or stockpiling of tools or materials (i.e. lumber, pilings, etc.) shall be limited to uplands or within the impact areas authorized by this project. In addition, all equipment being utilized shall be limited to operation and storage in uplands or within the impact areas authorized by this permit.

25. Prior to construction, the limits of the proposed construction shall be demarcated (clearly flagged and/or staked): particularly in areas adjacent to remaining natural wetlands. All construction personnel shall be shown the location(s) of all wetland areas outside of the construction area so as to prevent encroachment form heavy equipment into these areas.

26. The denitrification wall that is to be installed in the NE Pond is to be constructed in accordance with the notes provided on Plan Sheet 35 of the approved plans and is to be operated and maintained in accordance with the approved Operation and Maintenance Plan provided on October 1, 2024.

27. This permit does not authorize the permittee to cause any adverse impact to or “take” of state listed species and other regulated species of fish and wildlife. Compliance with state laws regulating the take of fish and wildlife is the responsibility of the owner or applicant associated with this project. Please refer to Chapter 68A-27 of the Florida Administrative Code for definitions of “take” and a list of fish and wildlife species. If listed species are observed onsite, FWC staff are available to provide decision support information or assist in obtaining the appropriate FWC permits. Most marine endangered and threatened species are statutorily protected and a “take” permit cannot be issued. Requests for further information or review can be sent to FWCConservationPlanningServices@MyFWC.com.

28. Negative impacts to wetlands or other surface waters outside of the approved impact areas shall be reported immediately to the Northwest Florida Water Management District, 152 Water Management Drive, Havana, FL 32333-4712 Phone: (850) 539-5999. Corrective action shall be taken as soon as practicable to restore the impacted areas

29. Wetland buffers shall remain in an undisturbed condition except within the approved buffer impact areas. The wetland buffer boundaries, as shown on the approved construction drawings, shall be clearly delineated on the site prior to initial clearing or grading activities.

The delineation shall endure throughout the construction period and be readily discernible to construction and District personnel.

30. Construction is prohibited until the District has received proof of final purchase and sale of no less than 3.09 freshwater wet flatwoods / wet prairie credits from the Nokuse Plantation Mitigation Bank. In the event the proposed mitigation credit purchase cannot be completed, the applicant shall submit an application for a modification to this permit to address impacts to wetlands and other surface waters for which no mitigation has been provided. This application shall be submitted to the appropriate Water Management District office.

31. Within 30 days of the final sale of credits from the Nokuse Plantation Mitigation Bank, the permittee shall provide written documentation to the Northwest Florida Water Management District, 152 Water Management Drive, Havana, FL 32333 and Dylan.Ryals- Hamilton@nwfwater.com that the Banker has been provided with the information necessary to submit a ledger debit request to FDEP for the Mitigation Bank Permit, No. 283695. The information provided to the Banker shall include but is not limited to the Environmental Resource Permit (ERP) number, issue date, permittee name, and reviewer contact information.

NOTICING PUBLICATION INFORMATION

The District’s action regarding the issuance or denial of a permit, a petition or qualification for an exemption only becomes closed to future legal challenges from members of the public (“third parties”), if 1) “third parties” have been properly notified of the District’s action regarding the permit or exemption, and 2) no “third party” objects to the District’s action within a specific period of time following the notification.

Notification of “third parties” is provided through publication of certain information in a newspaper of general circulation in the county where the proposed activities are to occur. Publication of notice informs “third parties” of their right to have a 21-day time limit in which to file a petition opposing the District’s action. However, if no notice to “third parties” is published, there is no time limit to a party’s right to challenge the District’s action. The District has not published a notice to “third parties” that it has taken final action on your application. If you want to ensure that the period of time in which a petition opposing the District’s action regarding your application is limited to the time frame stated above, you may publish, at your own expense, a notice in a newspaper of general circulation. A copy of the Notice of Agency Action the District uses for publication is attached. You may use this format or create your own, as long as the essential information is included.

If you do decide to publish a Notice of Final Agency Action, please provide the District a copy of the Proof of Publication when you receive it. That will provide us notice that action on this permit application is closed after the 21 days following publication.

Notice of Final Agency Action Taken by the Northwest Florida Water Management District

Notice is given that Environmental Resource permit number IND-131-317438-1 was issued on October 03, 2024, to Walton County Public Works for the construction of a new surface water management system for Walton County- Nellie Drive Extension. The project is designed to provide treatment and attenuation for an approximately 7.47-acre project located between U.S. Highway 98 and Chat Holley Road, at the current terminus of Nellie Drive, in southern Walton County. The proposed project consists of a new, 1.00-mile, roadway extension/alignment to the north from Nellie Road to Chat Holley Road. The new alignment will consist of a two-lane rural roadway section equipped with a curb and gutter collection system. The proposed surface water management system consists of two hydraulically separate wet detention ponds located along the eastern portion of the roadway alignment. The ponds have been designed to discharge toward either a mosquito control ditch or toward the northern right-of-way of U.S. Highway 98.

The project includes direct impacts to approximately 4.43 acres of wetlands and 0.29 acres of wet ditches, with approximately 3.52 acres of associated secondary impacts.

Impacts to wetlands will be offset through the purchase of credits from Nokuse Plantation Mitigation Bank.

The application file is available online and can be accessed through the District’s e-Permitting Portal at:

https://permitting.sjrwmd.com/nwepermitting/jsp/Search.do?theAction=PermitNumSearch. If you have any questions or are experiencing difficulty viewing the electronic application, please contact us at (850) 951-4660.

A person whose substantial interests are affected by the District permitting decision may petition for an administrative hearing in accordance with Sections 120.569 and 120.57, Florida Statutes, or may choose to pursue mediation as an alternative remedy under Section 120.573, Florida Statutes, and Rules 28-106.111 and 28-106.401-404, Florida Administrative Code. Petitions must comply with the requirements of Florida Administrative Code, Chapter 28-106 and be filed with (received by) the District Clerk located at District Headquarters, 81 Water Management Drive, Havana, FL 32333-4712. Petitions for administrative hearing on the above application must be filed within twenty-one (21) days of publication of this notice or within twenty-six (26) days of the District depositing notice of this intent in the mail for those persons to whom the District mails actual notice. Failure to file a petition within this time period shall constitute a waiver of any right(s) such person(s) may have to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., concerning the subject permit. Petitions which are not filed in accordance with the above provisions are subject to dismissal.

Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the District's final action may be different from the position taken by it in this notice. Persons whose substantial interests will be affected by any such final decision of the District on the application have the right to petition to become a party to the proceedings, in accordance with the requirements set forth above.

https://permitting.sjrwmd.com/nwepermitting/jsp/Search.do?theAction=PermitNumSearch

NOTICE OF RIGHTS

Northwest Florida Water Management District 152 Water Management Drive, Havana, FL 32333-4712

(850) 539-5999 Fax (850) 539-2693 www.nwfwater.com

The following information addresses procedures to be followed if you desire an administrative hearing or other review of agency action.

PETITION FOR FORMAL ADMINISTRATIVE PROCEEDINGS

Any person whose substantial interests are or may be affected by the action described in the enclosed Notice of Agency Action, may petition for an administrative hearing in accordance with the requirements of section 28-106.201, Florida Administrative Code, or may choose to pursue mediation as an alternative remedy under section 120.573, Florida Statutes, before the deadline for filing a petition. Pursuit of mediation will not adversely affect the right to administrative proceedings in the event mediation does not result in a settlement. Petitions for an administrative hearing must be filed with the Agency Clerk of the Northwest Florida Water Management District, 81 Water Management Drive, Havana, Florida 32333-9700 by the deadline specified in the attached cover letter. Failure to file a petition within this time period shall constitute a waiver of any rights such person may have to request an administrative determination (hearing) under section 120.57, Florida Statutes, concerning the subject permit application. Petitions which are not filed in accordance with the above provisions are subject to dismissal.

DISTRICT COURT OF APPEAL

A party who is adversely affected by final agency action on the permit application and who has exhausted available administrative remedies is entitled to judicial review in the District Court of Appeal pursuant to section 120.68, Florida Statutes. Review under section 120.68, Florida Statutes, is initiated by filing a Notice of Appeal in the appropriate District Court of Appeal in accordance with Florida Rule of Appellate Procedure 9.110.

http://upload.wikimedia.org/wikipedia/commons/2/2b/Seal_of_Florida.svg http://www.nwfwater.com

SECTION 28-106.201, FLORIDA ADMINISTRATIVE CODE, INITIATION OF PROCEEDINGS

(1) Unless otherwise provided by statute, and except for agency enforcement and disciplinary actions that shall be initiated under Rule 28-106.2015, F.A.C., initiation of proceedings shall be made by written petition to the agency responsible for rendering final agency action. The term “petition” includes any document that requests an evidentiary proceeding and asserts the existence of a disputed issue of material fact. Each petition shall be legible and on 8 1/2 by 11 inch white paper. Unless printed, the impression shall be on one side of the paper only and lines shall be double-spaced.

(2) All petitions filed under these rules shall contain:

(a) The name and address of each agency affected and each agency’s file or identification number, if known;

(b) The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests will be affected by the agency determination;

(c) A statement of when and how the petitioner received notice of the agency decision;

(d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate;

(e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency’s proposed action;

(f) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and

(g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency’s proposed action.

(3) Upon receipt of a petition involving disputed issues of material fact, the agency shall grant or deny the petition, and if granted shall, unless otherwise provided by law, refer the matter to the Division of Administrative Hearings with a request that an administrative law judge be assigned to conduct the hearing. The request shall be accompanied by a copy of the petition and a copy of the notice of agency action.

Rulemaking Authority 14.202, 120.54(3), (5) FS. Law Implemented 120.54(3) FS. History–New 4-1-97, Amended 9-17-98, 1-15-07, 2-5-13.

CERTIFICATE OF SERVICE

I hereby certify that on the below date, a true and correct copy of the foregoing document and all attachments were sent to the applicant and/or their representative(s), and any party having made a written request for notice of agency action, and that section 120.60(3), Florida Statutes has been satisfied.

October 03, 2024 Support Specialist II Date

(Attachment 3)

COMMENCEMENT NOTIFICATION

Within ten (10) days of initiating the authorized work, submit this form to via electronic mail to saj-rd-enforcement@usace.army.mil (preferred, not to exceed 15 MB) or by standard mail to U.S. Army Corps of Engineers, Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019.

1. Department of the Army Permit Number: SAJ-2024-01041(SP-LMF)

2. Permittee Information:

Name: __________________________________________

Email: __________________________________________

Address: __________________________________________

Phone: __________________________________________

3. Construction Start Date: ______________________

4. Contact to Schedule Inspection:

Name: __________________________________________

Email: __________________________________________

Phone: __________________________________________

Signature of Permittee

Printed Name of Permittee

Date mailto:saj-rd-enforcement@usace.army.mil

ENG FORM 6285, OCT 2024 PREVIOUS EDITIONS ARE OBSOLETE.

U.S. Army Corps of Engineers (USACE)

CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT

For use of this form, see Section 404 of the Clean Water Act, Section 10 of the Rivers and Harbors Act of 1899, and

Section 103 of the Marine Protection, Research, and Sanctuaries Act; the proponent agency is CECW-COR.

Form Approved -

OMB No. 0710-0003

Expires 2027-10-31

The Agency Disclosure Notice (ADN)

The Public reporting burden for this collection of information, 0710-0003, is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.

Send comments regarding the burden estimate or burden reduction suggestions to the Department of Defense, Washington Headquarters Services, at whs.mc-alex.esd.mbx.dd-dod-information-collections@mail.mil. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.

PURPOSE: This form is used by recipients of U.S. Army Corps of Engineer Regulatory permits to certify compliance with the permit terms and conditions.

Your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with this permit, you are subject to permit suspension, modification, or revocation.

Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the U.S. Army

Corps of Engineers, ______________________ District, Regulatory Office.

The certification can be submitted by email at ____________________@usace.army.mil or by mail at the below address:

Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the U.S. Army

Corps of Engineers, ______________________ District, Regulatory Office.

U.S. Army Corps of Engineers

District Office

Street Address:

City: State: Zip Code:

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