Appendix_1-Permits.pdf

APPENDIX 1

PERMITS

Philippe Park Living Shoreline Project

P.I.D. No. 004178B

PERMIT INDEX

AGENCY PERMIT No. PERMIT FEE / OTHER

Southwest Florida Water Management District (SWFWMD)

807598 / 43002320.001

Paid by County

Army Corps of Engineers

SAJ-2019-04302 (LOP-RGH)

Florida Department of Environmental Protection (FDEP)

BOT No. 520361244, Easement # 42638

Information regarding Pinellas County’s permits:

https://library.municode.com/fl/pinellas_county/codes/code_of_ordinances?nodeId=PTIIILADECO_CH166ENNAREPR_ARTIIHAMALA_DIV2PE https://library.municode.com/fl/pinellas_county/codes/code_of_ordinances?nodeId=PTIIILADECO_CH166ENNAREPR_ARTIIHAMALA_DIV2PE

2379 Broad Street, Brooksville, Florida 34604-6899

(352) 796-7211 or 1-800-423-1476 (FL only)

SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only)

On the Internet at: WaterMatters.org

Tampa Service Office 7601 Highway 301 North

Tampa, Florida 33637-6759

(813) 985-7481 or 1-800-836-0797 (FL only)

Bartow Service Office 170 Century Boulevard

Bartow, Florida 33830-7700

(863) 534-1448 or 1-800-492-7862 (FL only)

An Equal

Opportunity

Employer

Pinellas County

Attn: Kelli Hammer Levy

April 12, 2021

Sarasota Service Office 78 Sarasota Center Boulevard

Sarasota, Florida 34240-9770

(941) 377-3722 or 1-800-320-3503 (FL only)

22211 U.S. Hwy. 19 North, Bldg. 1 Clearwater, FL 33765

Subject: Consolidated Notice of Intended Agency Action - Approval

ERP Individual Construction and State-Owned Submerged Lands

Public Easement

B.O.T. File No: N/A

SOV Record No: 40357.0

Project Name: Philippe Park Living Shoreline Project

App ID/Permit No:

County: Pinellas

807598 / 43002320.001

S35/T28S/R16ESec/Twp/Rge:

Dear Permittee(s):

The Southwest Florida Water Management District (District) has completed its review of the application for

Environmental Resource Permit. Based upon a review of the information you have submitted, the District hereby gives notice of its intended approval of the application.

The File of Record associated with this application can be viewed at http://www18.swfwmd.state.fl.us/erp/erp/search/ERPSearch.aspx and is also available for inspection Monday through Friday, except for District holidays, from 8:00 a.m. through 5:00 p.m. at the District's Tampa Service

Office, 7601 U.S. Highway 301 North, Tampa, Florida 33637.

cc: Bryan Flynn, P.E., ESA Scheda

David Kramer, P.E.

Bureau Chief

Environmental Resource Permit Bureau

Regulation Division

If you have any questions or concerns regarding the application or any other information, please contact the Environmental Resource Permit Bureau in the Tampa Service Office.

Sincerely, SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only)

On the Internet at: WaterMatters.org

An Equal

Opportunity

Employer

Bartow Service Office 170 Century Boulevard

Bartow, Florida 33830-7700

(863) 534-1448 or 1-800-492-7862 (FL only)

Sarasota Service Office 78 Sarasota Center Boulevard

Sarasota, Florida 34240-9770

(941) 377-3722 or 1-800-320-3503 (FL only)

Tampa Service Office 7601 Highway 301 North

Tampa, Florida 33637-6759

(813) 985-7481 or 1-800-836-0797 (FL only)

April 12, 2021

Pinellas County

Attn: Kelli Hammer Levy 22211 U.S. Hwy. 19 North, Bldg. 1 Clearwater, FL 33765

Subject: Consolidated Notice of Agency Action - Approval

ERP Individual Construction and State-Owned Submerged Lands

Public Easement

B.O.T. File No: N/A

SOV Record No: 40357.0

Project Name: Philippe Park Living Shoreline Project

App ID/Permit No:

County:

807598 / 43002320.001

Pinellas

Sec/Twp/Rge: S35/T28S/R16E

Dear Permittee(s):

The Southwest Florida Water Management District (District) is in receipt of your application for the Environmental Resource Permit. Based upon a review of the information you submitted, the application is approved.

Please refer to the attached Notice of Rights to determine any legal rights you may have concerning the District's agency action on the permit application described in this letter.

The District has requested that the Department of Environmental Protection's Recurring Revenue Section of the Bureau of Public Land Administration prepare the Standard Lease instrument. A permit condition prohibits construction on the sovereign submerged lands until this instrument has been fully executed.

If approved construction plans are part of the permit, construction must be in accordance with these plans.

These drawings are available for viewing or downloading through the District's Application and Permit Search Tools located at www.WaterMatters.org/permits.

The District's action in this matter only becomes closed to future legal challenges from members of the public if such persons have been properly notified of the District's action and no person objects to the District's action within the prescribed period of time following the notification. The District does not publish notices of agency action. If you wish to limit the time within which a person who does not receive actual written notice from the District may request an administrative hearing regarding this action, you are strongly encouraged to publish, at your own expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation in the county or counties where the activity will occur. Publishing notice of agency action will close the window for filing a petition for hearing. Legal requirements and instructions for publishing notices of agency action, as well as a noticing form that can be used, are available from the District's website at www.WaterMatters.org/permits/noticing. If you publish notice of agency action, a copy of the affidavit of publication provided by the newspaper should be sent to the District's Tampa Service Office for retention in this permit's File of Record.

Page 2 App ID/Permit No:807598 / 43002320.001 April 12, 2021

If you have any questions or concerns regarding your permit or any other information, please contact the

Environmental Resource Permit Bureau in the Tampa Service Office.

Sincerely, David Kramer, P.E.

Bureau Chief

Environmental Resource Permit Bureau

Regulation Division

Approved Permit w/Conditions AttachedEnclosures:

As-Built Certification and Request for Conversion to Operation Phase

Notice of Authorization to Commence Construction

Notice of Rights cc: Bryan Flynn, P.E., ESA Scheda http://www.swfwmd.state.fl.us/files/database/site_file_sets/2476/62-330_310_1_-_As-Built_Certification%5b1%5d.pdf

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

CONSOLIDATED ENVIRONMENTAL RESOURCE PERMIT (ERP) AND

STATE-OWNED SUBMERGED LAND AUTHORIZATION (SL)

PERMIT NO. 43002320.001

EXPIRATION DATE: April 12, 2026 PERMIT ISSUE DATE: April 12, 2021

This permit is issued under the provisions of Chapter 373, Florida Statutes, (F.S.), and the Rules contained in

Chapter 62-330, Florida Administrative Code, (F.A.C.). The permit authorizes the Permittee to proceed with the construction of a surface water management system in accordance with the information outlined herein and shown by the application, approved drawings, plans, specifications, and other documents, attached hereto and kept on file at the Southwest Florida Water Management District (District). Unless otherwise stated by permit specific condition, permit issuance constitutes certification of compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341. All construction, operation and maintenance of the surface water management system authorized by this permit shall occur in compliance with Florida Statutes and

Administrative Code and the conditions of this permit.

Authorization is granted to use state-owned submerged lands as outlined herein and shown by the application, approved drawings, plans, and other documents attached hereto and kept on file at the District under the provisions of Chapters 253 and 258, F.S., and Chapters 18-20 and 18-21, F.A.C., as well as the policies of the

Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees). This approval does not disclaim any title interests that the Board of Trustees may have in the project site. Any subsequent authorizations by the Board of Trustees or its designated agents may contain conditions necessary to satisfy the fiduciary responsibilities of the Board of Trustees as well as other applicable statutory or rule requirements implemented by the Department of Environmental Protection's Division of State Lands or other governmental agencies authorized by Florida Statutes.

INDIVIDUAL CONSTRUCTION

AND

STATE-OWNED SUBMERGED LANDS PUBLIC EASEMENT

SL EXPIRATION DATE:

PROJECT NAME: Philippe Park Living Shoreline Project

Pinellas CountyGRANTED TO:

Attn: Kelli Hammer Levy

22211 U.S. Hwy. 19 North, Bldg. 1 Clearwater, FL 33765

N/AOTHER PERMITTEES:

ABSTRACT: This permit authorizes the creation of a 1.47-acre living shoreline consisting of 0.29 acre of planted marsh, 620 linear feet of oyster bags, 0.32 acre of rip rap breakwaters, 0.08 acre of concrete breakwater, and a

0.64 acre oyster shell mound. The project is located along approximately 370 lineal feet of shoreline along Safety

Harbor adjacent to Phillippe Park, in Pinellas County.

Pinellas CountyOP. & MAIN. ENTITY:

OTHER OP. & MAIN. ENTITY: N/A

COUNTY: Pinellas

WATERBODY NAME:

AQUATIC PRESERVE:

SAFETY HARBOR

Pinellas County Aquatic Preserve

S35/T28S/R16ESEC/TWP/RGE:

TOTAL ACRES OWNED

OR UNDER CONTROL:

PROJECT SIZE:

LAND USE:

DATE APPLICATION FILED:

AMENDED DATE:

Environmental

July 17, 2020

1.47 Acres

1.47

N/A

I. Water Quantity/Quality

Water Quantity/Quality Comments: The project does not propose impervious surfaces and water quantity attenuation and water quality treatment are not required.

A mixing zone is required.

A variance is not required.

Encroachment

(Acre-Feet of fill)

Compensation

(Acre-Feet of excavation)

Compensation

Type Encroachment

Result* (feet)

No Encroachment 0.00 0.00 N/A

*Depth of change in flood stage (level) over existing receiving water stage resulting from floodplain encroachment caused by a project that claims Minimal Impact type of compensation.

II. 100-Year Floodplain

III. Environmental Considerations

Wetland/Other Surface Water Information

Wetland/Other

Surface

Water Name

Total

Acres

Not

Impacted

Acres Acres

Functional

Loss*

Functional

Loss* Acres

Permanent Impacts Temporary Impacts

Safety Harbor 1.35 0.00 0.29 1.06 0.00 0.00

1.35 0.00

* For impacts that do not require mitigation, their functional loss is not included.

Total: 1.06 0.00 0.29 0.00

Wetland/Other Surface Water Comments:

Wetlands are not located within the project area for this ERP; however, there is 1.35 acres of other surface water features, consisting of 1.35 acre of bay (FLUCCS 540), located within the project area.

Permanent filling impacts to 1.06 acre of the project surface waters will occur for placement of oyster bags, an oyster shell mound, rip rap breakwaters and a concrete breakwater. Temporary impacts will occur to 0.29 acre of the project surface waters for installation of planted marsh.

Mitigation Information Mitigation Comments:

Wetland mitigation will not be required for permanent filling/dredging impacts to 1.06 acres of surface waters pursuant to Subsection 10.2.2 of the ERP Applicant’s Handbook Vol. I. Under this Section, wetland mitigation is not required for impacts that have been determined to be de minimis to fish, wildlife and listed species.

IV. State-Owned Submerged Lands

Activity Preempted Area

(Square Feet)

Dredged

(Cubic Yards)

Shoreline Length

(Linear Feet)

Public Easement 115763

Totals: 115763

Comments: The project is located on sovereign submerged lands and requires an easement (BOT No. 290359943) pursuant to 18-21.005, F.A.C. The Permittee shall not commence construction in, on or over sovereign submerged lands until the easement has been executed.

Total Slips:

Specific Conditions

1. If the ownership of the project area covered by the subject permit is divided, with someone other than the

Permittee becoming the owner of part of the project area, this permit may be terminated, unless the terms of the permit are modified by the District or the permit is transferred pursuant to Rule 40D-1.6105, F.A.C. In such situations, each land owner shall obtain a permit (which may be a modification of this permit) for the land owned by that person. This condition shall not apply to the division and sale of lots or units in residential subdivisions or condominiums.

2. The Permittee shall retain the design professional registered or licensed in Florida, to conduct on-site observations of construction and assist with the as-built certification requirements of this project. The Permittee shall inform the District in writing of the name, address and phone number of the design professional so employed. This information shall be submitted prior to construction.

3. The following boundaries, as shown on the approved construction drawings, shall be clearly delineated on the site prior to initial clearing or grading activities:

a. surface water areas

b. limits of approved surface water impacts

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

District personnel.

4. If limestone bedrock is encountered during construction of the stormwater management system, the District must be notified and construction in the affected area shall cease.

5. The Permittee shall notify the District of any sinkhole development in the stormwater management system within

48 hours of discovery and must submit a detailed sinkhole evaluation and repair plan for approval by the District within 30 days of discovery.

6. The Permitted Plan Set for this project includes the set received by the District on November 3, 2020.

7. District staff must be notified in advance of any proposed construction dewatering. If the dewatering activity is likely to result in offsite discharge or sediment transport into wetlands or surface waters, a written dewatering plan must either have been submitted and approved with the permit application or submitted to the District as a permit prior to the dewatering event as a permit modification. A water use permit may be required prior to any use exceeding the thresholds in Chapter 40D-2, F.A.C.

8. Off-site discharges during construction and development shall be made only through the facilities authorized by this permit. Water discharged from the project shall be through structures having a mechanism suitable for regulating upstream stages. Stages may be subject to operating schedules satisfactory to the District.

9. The permittee shall complete construction of all aspects of the stormwater management system, including wetland compensation (grading, mulching, planting), water quality treatment features, and discharge control facilities prior to beneficial occupancy or use of the development being served by this system.

10. The following shall be properly abandoned and/or removed in accordance with the applicable regulations:

a. Any existing wells in the path of construction shall be properly plugged and abandoned by a licensed well contractor.

b. Any existing septic tanks on site shall be abandoned at the beginning of construction.

c. Any existing fuel storage tanks and fuel pumps shall be removed at the beginning of construction.

11. All stormwater management systems shall be operated to conserve water in order to maintain environmental quality and resource protection; to increase the efficiency of transport, application and use; to decrease waste; to minimize unnatural runoff from the property and to minimize dewatering of offsite property.

12. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the occupation of the site or operation of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to a local government or other responsible entity.

13. This permit is valid only for the specific processes, operations and designs indicated on the approved drawings or exhibits submitted in support of the permit application. Any substantial deviation from the approved drawings, exhibits, specifications or permit conditions, including construction within the total land area but outside the approved project area(s), may constitute grounds for revocation or enforcement action by the District, unless a modification has been applied for and approved. Examples of substantial deviations include excavation of ponds, ditches or sump areas deeper than shown on the approved plans.

14. Water quality monitoring for turbidity shall be conducted within Old Tampa Bay and Pinellas County Aquatic

Preserve for the duration of the project.

15. A mixing zone for turbidity is granted with the following size and configuration constraint(s):

a. The mixing zone shall extend no further than the limits of turbidity curtains as shown on the permitted plans, pursuant to rule 62-4.244(5), F.A.C.

16. The restricted mixing zone approved by the District is located within "Outstanding Florida Waters" and existing ambient water quality may be degraded for a period not to exceed 30 days, and natural background for turbidity must be achieved at the mixing zone boundary pursuant to rules 62-4.242(2)(a) and (b), F.A.C.

17. The mixing zone is granted exclusively for the duration of the construction activities, not to exceed 30 days.

18. Monitoring for turbidity shall be conducted for the duration of the project. Sampling will commence prior to initiation of any dredging or filling activities. Samples shall be taken every 4 hours during construction activities as described below.

A sampling site shall be established down-current of the turbidity source within the most visible plume. This site will be used to collect the Compliance Samples (CS); a second site shall also be located at the mixing zone boundary up current from the turbidity source so that samples may be collected during each tidal cycle.

Samples shall be collected from surface, mid-depth and one foot above bottom. Mid-depth samples are sufficient in water that is less than five feet deep. Sampling will be restricted to the axis of the visible plume. Samples will be collected at the intersection of the mixing zone boundary and a line parallel with the water current and extending from the source of turbidity if a plume is not visible.

Background samples shall be collected at two sites that shall be maintained for the duration of the sampling program and marked by temporary buoys. These samples will be collected at surface, mid-depth, and one-foot above bottom.

Samples shall be collected with a Kemmerer, Van Dorn or a similar sampler that is designed to collect in situ water samples. Samples shall be analyzed immediately after collection with a turbidimeter that produces results in

Nephelometric measurements. The field sample results shall be accurately recorded to the precision capabilities

(decimal place) of the instrument. Field turbidimeter results shall be rounded to the next whole number (ex. 15.23

NTUs shall be recorded; however the results shall be interpreted as 16.00 NTUs).

19. The permittee shall comply with the following Quality Assurance/ Quality Control (QA/QC) requirements:

a. The instrument shall be calibrated each morning and each time the instrument is turned on, and recalibrated every four hours thereafter.

b. Calibrations shall be performed against a blank, and at least one formazin or gel-type standard. The standard value shall be in the same range as the sample readings.

c. Calibration procedures shall be recorded in a permanent QA/QC logbook, and copies shall be submitted with the data.

20. Turbidity monitoring reports shall be submitted to the District each Monday following project commencement . The reports shall include the permittee’s name and permit number, and a cover page that states: “This information is being provided in partial fulfillment of the monitoring requirements in Permit No. 43002320.001.” Failure to submit reports in a timely manner shall constitute a violation of the permit and shall be grounds for revocation.

Monitoring data shall contain the following information:

a. Permit number

b. Dates of sampling and analysis

c. A statement describing the methods used in collection and analysis of the samples

d. A map showing the sampling locations, along with the latitude and longitude of the sampling locations

e. Copies of the QA/QC log, and

f. A statement by the individual responsible for implementation of the sampling program certifying the authenticity , precision and accuracy of the data

Monitoring reports shall also include the following information for each sample that is taken:

a. Time of day samples were taken

b. Depth of water body

c. Depth of sample

d. Tidal stage and direction of flow, and

e. Antecedent weather conditions, including wind direction and velocity at the time the sample was taken

21. Turbidity levels outside the mixing zone described in specific condition ambient background (for OFW’s). If monitoring reveals turbidity levels outside of the mixing zone are greater than or equal to ambient background (for

OFW’s), the permittee shall take the following measures:

a. Immediately cease all work contributing to the water quality violation.

b. Stabilize exposed soils contributing to the violation. Modify work procedures responsible for the violation, install additional turbidity containment devices, repair non-functioning turbidity containment devices; and

c. Increase monitoring frequency to every two hours until turbidity levels no longer exceed ambient background

(for OFW’s). Interim samples collected following the violation(s) shall be collected in the same manner and locations as the routine monitoring. Construction activities may not resume until the turbidity levels meet the above water quality standards.

d. Immediately report turbidity violations to the District. The report shall include the description of the corrective actions being taken or proposed to be taken. The report shall be made to the Department as soon as normal business hours resume if violation(s) are noted after normal business hours, on holidays, or on weekends. A copy of the monitoring data sheets, which indicate violation(s), shall be forwarded immediately to the Department.

Failure to report violation(s) or to follow corrective procedures before resuming work shall constitute grounds for permit revocation and may subject the permittee to formal enforcement action.

22. Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal Zone Management

Program, as required by Section 307 of the Coastal Zone Management Act.

23. 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.

24. Construction of the proposed work shall not commence on sovereign submerged lands, title to which is held by the Board of Trustees of the Internal Improvement Trust Fund, until all required lease modification documents

(BOT No: 290359943) have been executed to the satisfaction of the District. A copy of the approved lease modification shall be forwarded to the Tampa Office, Attention: Environmental Manager.

25. Locations of breakwaters may be adjusted to avoid submerged grassbeds and/or emergent marsh vegetation, so long as there is at least one opening measuring at least five feet in length every 75 linear feet along the breakwater.

GENERAL CONDITIONS

1. The general conditions attached hereto as Exhibit "A” are hereby incorporated into this permit by reference and the Permittee shall comply with them.

PROPRIETARY GENERAL CONDITIONS

1. The general conditions attached hereto as Exhibit "B" are hereby incorporated by reference and the Permittee shall comply with them.

David Kramer, P.E.

Authorized Signature

EXHIBIT A

GENERAL CONDITIONS:

1 The following general conditions are binding on all individual permits issued under this chapter, except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate, project-specific conditions.

a. 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., or the permit may be revoked and the permittee may be subject to enforcement action.

b. 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.

c. 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(8)(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.

d. 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,”[effective date], 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. However, for activities involving more than one acre of construction that also require a NPDES stormwater construction general permit, submittal of the Notice of Intent to Use

Generic Permit for Stormwater Discharge from Large and Small Construction Activities, DEP Form 62-

621.300(4)(b), shall also serve as notice of commencement of construction under this chapter and, in such a case, submittal of Form 62-330.350(1) is not required.

e. 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.

f. Within 30 days after 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. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex -

"Construction Completion and Inspection Certification for Activities Associated with a Private

Single-Family Dwelling Unit” [Form 62-330.310(3)]; or

2. For all other activities - “As-Built Certification and Request for Conversion to Operation Phase”

[Form 62-330.310(1)].

3. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form.

g. 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 permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.4 of Volume I) 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. 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 and Maintenance Entity”

[Form 62-330.310 (2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form.

h. 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.

i. 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.

j. 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.

k. 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.

l. 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.

m. 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.

n. 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. (2012).

o. 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.

p. 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.

q. 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.

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

2. In addition to those general conditions in subsection (1) above, the Agency shall impose any additional project-specific special conditions necessary to assure the permitted activities will not be harmful to the water resources, as set forth in Rules 62-330.301 and 62-330.302, F.A.C., Volumes I and II, as applicable, and the rules incorporated by reference in this chapter.

EXHIBIT B

PROPRIETARY GENERAL CONDITIONS

1. Authorizations are valid only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use shall constitute a violation. Violation of the authorization shall result in suspension or revocation of the grantee's use of the state-owned submerged land unless cured to the satisfaction of the Board.

2. Authorizations convey no title to state-owned submerged land or water column, nor do they constitute recognition or acknowledgment of any other person's title to such land or water.

3. Authorizations may be modified, suspended or revoked in accordance with their terms or the remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18-14, FAC.

4. Structures or activities shall be constructed and used to avoid or minimize adverse impacts to state-owned submerged lands and resources.

5. Construction, use, or operation of the structure or activity shall not adversely affect any species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004, and 68A-27.005, FAC.

6. Structures or activities shall not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity shall be modified in accordance with the court's decision.

7. Structures or activities shall not create a navigational hazard.

8. Structures shall be maintained in a functional condition and shall be repaired or removed if they become dilapidated to such an extent that they are no longer functional. This shall not be construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005, FAC., within one year, of a structure damaged in a discrete event such as a storm, flood, accident, or fire.

9. Structures or activities shall be constructed, operated, and maintained solely for water dependent purposes, or for non-water dependent activities authorized under paragraph 18-21.004 (1)(f), F.A.C., or any other applicable law.

SOUTHWEST FLORIDA

NOTICE OF

WATER MANAGEMENT DISTRICT

AUTHORIZATION

TO COMMENCE CONSTRUCTION

Philippe Park Living Shoreline Project

PROJECT NAME

PROJECT TYPE

COUNTY

Pinellas

Environmental

S35/T28S/R16E

THIS NOTICE SHOULD BE CONSPICUOUSLY

DISPLAYED AT THE SITE OF THE WORK

Issuing Authority

April 12, 2021DATE ISSUED:

807598 / 43002320.001APPLICATION ID/PERMIT NO:

PERMITTEE

SEC(S)/TWP(S)/RGE(S)

Pinellas County

David Kramer, P.E.

Notice of Rights

ADMINISTRATIVE HEARING

1. You or any person whose substantial interests are or may be affected by the District's intended or proposed action may request an administrative hearing on that action by filing a written petition in accordance with

Sections 120.569 and 120.57, Florida Statutes (F.S.), Uniform Rules of Procedure Chapter 28-106, Florida

Administrative Code (F.A.C.) and District Rule 40D-1.1010, F.A.C. Unless otherwise provided by law, a petition for administrative hearing must be filed with (received by) the District within 21 days of receipt of written notice of agency action. "Written notice" means either actual written notice, or newspaper publication of notice, that the

District has taken or intends to take agency action. "Receipt of written notice" is deemed to be the fifth day after the date on which actual notice is deposited in the United States mail, if notice is mailed to you, or the date that actual notice is issued, if sent to you by electronic mail or delivered to you, or the date that notice is published in a newspaper, for those persons to whom the District does not provide actual notice.

2. Pursuant to Subsection 373.427(2)(c), F.S., for notices of intended or proposed agency action on a consolidated application for an environmental resource permit and use of state-owned submerged lands concurrently reviewed by the District, a petition for administrative hearing must be filed with (received by) the

District within 14 days of receipt of written notice.

3. Pursuant to Rule 62-532.430, F.A.C., for notices of intent to deny a well construction permit, a petition for administrative hearing must be filed with (received by) the District within 30 days of receipt of written notice of intent to deny.

4. Any person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days of receipt or other period as required by law waives the right to request a hearing on such matters.

5. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding District intended or proposed action is not available prior to the filing of a petition for hearing.

6. A request or petition for administrative hearing must comply with the requirements set forth in Chapter 28-106, F.A.C. A request or petition for a hearing must: (1) explain how the substantial interests of each person requesting the hearing will be affected by the District's intended action or proposed action, (2) state all material facts disputed by the person requesting the hearing or state that there are no material facts in dispute, and (3) otherwise comply with Rules 28-106.201 and 28-106.301, F.A.C. Chapter 28-106, F.A.C. can be viewed at www.flrules.org or at the District's website at www.WaterMatters.org/permits/rules.

7. A petition for administrative hearing is deemed filed upon receipt of the complete petition by the District Agency

Clerk at the District's Tampa Service Office during normal business hours, which are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding District holidays. Filings with the District Agency Clerk may be made by mail, hand-delivery or facsimile transfer (fax). The District does not accept petitions for administrative hearing by electronic mail. Mailed filings must be addressed to, and hand-delivered filings must be delivered to, the Agency

Clerk, Southwest Florida Water Management District, 7601 Highway 301 North,Tampa,FL 33637-6759. Faxed filings must be transmitted to the District Agency Clerk at (813) 367-9776. Any petition not received during normal business hours shall be filed as of 8:00 a.m. on the next business day. The District's acceptance of faxed petitions for filing is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation, available for viewing at www.WaterMatters.org/about.

JUDICIAL REVIEW

1. Pursuant to Sections 120.60(3) and 120.68, F.S., a party who is adversely affected by District action may seek judicial review of the District's action. Judicial review shall be sought in the Fifth District Court of Appeal or in the appellate district where a party resides or as otherwise provided by law.

2. All proceedings shall be instituted by filing an original notice of appeal with the District Agency Clerk within 30 days after the rendition of the order being appealed, and a copy of the notice of appeal, accompanied by any filing fees prescribed by law, with the clerk of the court, in accordance with Rules 9. 110 and 9.190 of the Florida

Rules of Appellate Procedure (Fla. R. App. P.). Pursuant to Fla. R. App. P. 9.020(h), an order is rendered when a signed written order is filed with the clerk of the lower tribunal.

Regulatory Division West Branch Tampa Permits Section

Kelly Hammer-Levy Pinellas County 22211 U.S. Highway 19N., Building 1 Clearwater, Florida 33765 klevy@pinellascounty.org

Dear Ms. Hammer-Levy:

This is in reference to your request for a Department of the Army (DA) permit to perform work in or affecting waters of the United States. If you determine the permit provided is acceptable in its entirety and you have chosen to proceed with the authorized activity, then upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344), you are authorized under a Letter of Permission to use a combination of living shoreline elements including rip rap breakwaters, oyster domes, oyster bag pyramids and oyster shell to create habitat and dissipate wave energy while protecting the planting areas which will work with the natural sediment transport regime in the area to retain sediment and protect the shoreline.

Breakwater segments have been designed to be 60 feet long by 36 feet wide with 40-foot gaps in between breakwaters; with the expectation that sand may be naturally retained behind the breakwater segments. This project will place 1,350 cubic yards of rip-rap (consisting of 1-foot median diameter limestone) and 1,260 cubic yards of oyster shell bags. The combined materials will impact 1.47 acres of submerged shoreline.

Oyster bag pyramids will be created to protect the plantings while they mature. The construction of the oyster bag pyramids and plantings will occur from land. These will be placed by hand. The offshore breakwaters will likely be placed via barge for access with the least amount of disturbance to the bay bottom. An excavator will place a marine mattress 6-inch to 12-inch thick composed of geotextile and of limestone bedding (3-inch to 5-inch in diameter) and then limestone rip rap (1.5-foot to 2-foot in diameter) in a segmented breakwater to allow for flushing. The breakwater units will have a crest elevation of +3.2 ft NAVD 88, with 3 stone crest width (6 ft) and a 2 stone toe width (4 feet). Oyster domes made of prefabricated concrete units 6 feet in diameter and 4 feet tall may be used in the place of the rip rap in areas where there is less soil stability. The oyster bag ring and oyster shell placement will occur from a barge. The habitat is suitable for a larger area of oysters to colonize, and by creating the oyster bag ring and laying the oyster shell substrate a larger subtidal area will be available for oyster spat recruitment similar to the peninsula on the east side of Safety Harbor near the old power plant. The project is located at 2525 Philippe Pkwy., in Section 35, Township 28 South, DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, JACKSONVILLE DISTRICT

10117 PRINCESS PALM AVE, SUITE 120

TAMPA, FLORIDA 33610-8302

May 14, 2021

REPLY TO

ATTENTION OF

mailto:klevy@pinellascounty.org

-2-

Range 16 East, Safety Harbor, Pinellas County, Florida. Project is along the shoreline of Philippe Park on the west shore of Old Tampa Bay.

Geographic Position: Latitude 28.006464° Longitude -82.675221°

The project must be completed in accordance with the enclosed construction drawings, and the general and special conditions which are incorporated in, and made a part of, the permit.

Special Conditions:

1. Reporting Addresses: The Permittee shall submit all reports, notifications, documentation and correspondence required by the general and special conditions of this permit to the following address:

a. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Special

Projects & Enforcement Branch, P.O. Box 4970, Jacksonville, FL 32232-0019.

b. For electronic mail: SAJ-RD-Enforcement@usace.army.mil (not to exceed 15 MB). Files over 15MB can be uploaded to our web application at https://safe.apps.mil/. Permittee shall reference this permit number, SAJ-2019- 04302 (LOP-RGH), on all submittals.

2. Commencement Notification: Within 10 days from the date of initiating the work authorized by this permit the Permittee shall submit a completed “Commencement Notification” Form (Attachment F).

3. As-Built Certification: 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” form (Attachment E) to the Corps. The as-built drawings shall be signed and sealed by a registered professional engineer and include the following:

Within 60 days of completion or cessation of a period of 1 year or more of authorized work within each phase, the Permittee shall submit as-built drawings of the authorized work within that phase and complete “As-Built Certification By Professional Engineer” form (Attachment E) to the Corps. Upon expiration of the construction window identified in General Condition 1, the Permittee shall submit a final as-built drawing and certification for all phases. The as-built drawings for each phase and the final submittal shall be signed and sealed by a registered professional engineer and include the following:

mailto:SAJ-RD-Enforcement@usace.army.mil

-3-

4. Erosion Control: 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. Immediately after completion of the final grading of the land surface, all slopes, land surfaces, and filled areas shall be stabilized using sod, degradable mats, barriers, or a combination of similar stabilizing materials to prevent erosion. The erosion control measures shall remain in place and be maintained until all authorized work is completed and the work areas are stabilized.

5. Turbidity Barriers: Prior to the initiation of any of the work authorized by this permit, the Permittee shall install floating turbidity barriers with weighted skirts that extend to within 1-foot of the bottom around all work areas that are in, or adjacent to, surface waters. The turbidity barriers shall remain in place and be maintained until the authorized work has been completed and all suspended and erodible materials have been stabilized. Turbidity barriers shall be removed upon stabilization of the work area.

6. Fill Material: 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.

7. Manatee Conditions: The Permittee shall comply with the 2011 “Standard Manatee Conditions for In-Water Work” provided as an attachment to this permit.

8. Jacksonville District Programmatic Biological Opinion (JAXBO), November 2017, Project Design Criteria (PDCs): Structures authorized under this permit must comply with all applicable PDCs, based on the permitted activity, as required by JAXBO. Please note that failure to comply with the applicable PDCs, where a take of listed species occurs, would constitute an unauthorized take, and noncompliance with this permit. The NMFS is the appropriate authority to enforce the terms and conditions of JAXBO. The most current version of JAXBO can be accessed at the Jacksonville District Regulatory Division internet webpage in the Endangered Species section of the Sourcebook located at:

http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx

Note - JAXBO may be subject to revision at any time. The most recent version of these conditions must be utilized during the design and construction of the permitted work. In accordance with the Endangered Species Act, and for those http://www.saj.usace.army.mil/Missions/Regulatory/SourceBook.aspx

-4-projects which do not comply with JAXBO, the Corps will seek individual consultation with the NMFS.

Note - some authorized activities may deviate from the PDCs. In cases, where the activity (i.e., structure dimensions, length, etc.) deviates from the PDCs, the permit drawings shall supersede the PDCs.

For each of the following authorized activities subject of this permit, the permittee shall adhere to the following PDCs, which are attached to (Attachment D), and made part of, this authorization/verification letter:

Activity 7 - Aquatic Habitat Enhancement: (AP.1-14; A7.1-31)

9. Agency Changes/Approvals: Should any other agency require and/or…