Report_3_FL_DEP_ENV_Resource.pdf

Florida Department of Environmental Protection

160 W. Government Street, Suite 308 Pensacola, Florida 32502-5740

Rick Scott Governor

Carlos Lopez-Cantera Lt. Governor

Jonathan P. Steverson Secretary

Permittee/Authorized Entity:

National Park Service

Gulf Islands National Seashore c/o Daniel Brown, Superintendent

1801 Gulf Breeze Parkway Gulf Breeze, Florida 32563

Fort Pickens Road Realignment

Authorized Agent:

National Park Service

Gulf Islands National Seashore Jolene Williams, Environmental Protection Specialist

3500 Park Road Ocean Springs, Mississippi 39564

Jolene_Williams@nps.gov

Environmental Resource Permit State-owned Submerged Lands Authorization – Not Applicable

U.S. Army Corps of Engineers Authorization – Separate Corps Authorization Required

Escambia County Permit No.: 17-0316768-001-EI

Permit Issuance Date: September 24, 2015 Permit Construction Phase Expiration Date: September 24, 2020 www.dep.state.fl.us mailto:Jolene_Williams@nps.gov

Permittee: NPS, Gulf Islands National Seashore Permit No: 17-0316768-001-EI

Environmental Resource Permit

Permittee: NPS, Gulf Islands National Seashore Permit No: 17-0316768-001-EI

PROJECT LOCATION

The activities authorized by this permit are located at 1400 Fort Pickens Road, Pensacola Beach, along the west end of Santa Rosa Island, in Section 28, Township 02 South, Range 26 West, Escambia County, Latitude 30° 19’ 27.28” North / Longitude 87° 17’ 00.56” West.

PROJECT DESCRIPTION

The permittee is authorized to repave 2.79 miles and realign 1.55 miles of Fort Pickens Road.

Wetland areas were avoided to the greatest extent practicable; however, the project comprises 0.136 acres of direct impact and 0.082 acres of secondary impact to saltwater marsh habitat (FLUCCS Code 642). Uniform Mitigation Assessment Method (UMAM) calculations produced a functional loss of -0.14 units. All activities will occur along Santa Rosa Island, adjacent to Pensacola Bay, a Class III Florida Waterbody and part of the Fort Pickens State Park Aquatic Preserve. Authorized activities, including mitigation, are depicted on the attached exhibits.

Stormwater treatment for the impervious area created by the road realignment was reviewed as an alternative criteria submission. The calculations provided, which utilize the adjacent sand as a linear infiltration area, provided reasonable assurance that the alternative design is appropriate for the specific site conditions and meets the requirements of Applicants Handbook Vol II, Section 4.13.

To offset unavoidable impacts that will occur from these authorized activities, the permittee shall chemically treat 0.483 acres of saltwater marsh habitat (FLUCCS Code 642) within Gulf Islands National Seashore for the eradication of Panicum repens (torpedo grass). Calculated UMAM values for mitigation by invasive plant removal constitutes a functional gain of +0.17 units.

AUTHORIZATIONS

Fort Pickens Road Realignment Environmental Resource Permit The Department has determined that the activity qualifies for an Environmental Resource Permit.

Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of Chapter 373, Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.).

Sovereignty Submerged Lands Authorization As staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), the Department has determined the activity is not on submerged lands owned by the State of Florida.

Therefore, your project is not subject to the requirements of Chapter 253, F.S., or Rule 18-21, F.A.C.

Federal Authorization A copy of this permit has been sent to the U.S. Army Corps of Engineers (USACE). The USACE may require a separate permit. Failure to obtain any required federal permits prior to construction could subject you to enforcement action by that agency.

Coastal Zone Management 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.

Water Quality Certification This permit also constitutes a water quality certification under Section 401 of the Clean Water Act, 33 U.S.C. 1341

Other Authorizations You are advised that authorizations or permits for this activity may be required by other federal, state, regional, or local entities including but not limited to local governments or municipalities.

This permit does not relieve you from the requirements to obtain all other required permits or authorizations.

The activity described may be conducted only in accordance with the terms, conditions and attachments contained in this document. Issuance and granting of the permit and authorizations herein do not infer, nor guarantee, nor imply that future permits, authorizations, or modifications will be granted by the Department.

PERMIT CONDITIONS

The activities described must be conducted in accordance with:

• The Specific Conditions

• The General Conditions

• The limits, conditions and locations of work shown in the attached drawings

• The term limits of this authorization

You are advised to read and understand these conditions and drawings prior to beginning the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings herein. If you are using a contractor, the contractor also should read and understand these conditions and drawings prior to beginning any activity. Failure to comply with these conditions, including any mitigation requirements, shall be grounds for the Department to revoke the permit and authorization and to take appropriate enforcement action.

Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit, as described.

SPECIFIC CONDITIONS - PRIOR TO ANY CONSTRUCTION

1. Prior to construction, the limits of the proposed fill areas shall be clearly flagged and staked by the agent and/or the contractor. All construction personnel shall be shown the location(s) of all wetland areas outside of the construction area to prevent encroachment from heavy equipment or unauthorized fill into these areas.

2. All wetland areas or waterbodies which are adjacent to the specific limits of construction authorized by this permit shall be protected from erosion, sedimentation, siltation, scouring, excess turbidity or dewatering. Best management practices for erosion and turbidity control shall be implemented and maintained at all times during construction and operation of the permitted activity to prevent siltation and turbid discharges in excess of State water standards pursuant to Chapter 62-

302, F.A.C. The permittee shall be responsible for ensuring that erosion and turbidity control devices and procedures are inspected and maintained daily during all phases of construction authorized by this permit until all areas that were disturbed during construction are sufficiently stabilized to prevent erosion, siltation, and turbid discharges.

3. This permit does not authorize the construction of any additional structures within wetlands or the creation of additional impervious areas which are not illustrated on the permit drawings.

4. The construction phase expires at 11:59 p.m. on the date indicated on the cover page of this permit.

5. If the approved drawings conflict with the specific conditions, then the specific conditions shall prevail.

SPECIFIC CONDITIONS – CONSTRUCTION ACTIVITIES

6. For emergencies involving a serious threat to the public health, safety, welfare, or environment, the emergency telephone contact number is 800-320-0519 (State Warning Point). The Department telephone number for reporting nonthreatening problems or system malfunctions is

(850) 595-0580, day or night.

7. There shall be no storage or stockpiling of tools, materials (i.e., lumber, pilings, debris.)

within wetlands, along the shoreline within the littoral zone or elsewhere within waters of the state, unless specifically approved in the permit. All cleared vegetation, excess lumber, scrap wood, trash, garbage and any other type of debris shall be removed from wetlands within 14 days of completion of the work authorized in this permit.

8. All fill areas, fill slopes, and disturbed upland areas shall be stabilized at all times during and after construction so as to prevent any erosion, sedimentation, siltation, or scouring.

9. Unauthorized impacts to wetlands or the littoral zone as a result of construction shall be reported immediately to the Department.

10. Construction equipment shall not be repaired or refueled in wetlands.

11. The mailing address for submittal of forms for the “Construction Commencement Notice”, “As-Built Certification”, “Request for Conversion of Stormwater Management Permit Construction Phase to Operation and Maintenance Phase”, or other correspondence is FDEP, SLERP, 160 W.

Government Street, Pensacola, Florida, 32502.

12. If any construction de-watering is required, which results in an off-site discharge of ground water, the permittee and/or the contractor shall ensure that the requirements of pertinent portions of Chapter 62-621, F.A.C. are met. Please contact Bill Armstrong, P.E., at 850-595-0554, for more information.

SPECIFIC CONDITIONS – MITIGATION AND MONITORING REQUIREMENTS

13. To offset unavoidable impacts that will occur from these authorized activities, the permittee shall chemically treat 0.483 acres of saltwater marsh habitat (FLUCCS Code 642) within Gulf

Islands National Seashore for the eradication of Panicum repens (torpedo grass). Designated treatment timeframes and areas can be found within the attached mitigation plan (Exhibit 1).

Calculated UMAM values for mitigation by invasive plant removal constitutes a functional gain of +0.17 units.

14. The Department's approval of the mitigation plan pursuant to this permit does not constitute a finding by the Department the mitigation will meet the required success criteria. The permittee acknowledges its obligation to meet the intent of the permit regarding the mitigation objective until the mitigation is determined by the Department to be successful.

15. Narrative progress reports shall be submitted every 6 months to Kenneth Dickey with the Department’s Compliance Assurance Program via email at Kenneth.Dickey@dep.state.fl.us indicating the status of the project. The cover page shall include the permit number, project name and the permittee name. The first semi-annual progress report shall be submitted six months from the date of permit issuance, and reports shall continue to be submitted until all work authorized by the permit, including successful establishment (greater than 60% cover) of native vegetation within authorized mitigation areas, has been completed. The report shall include the following information:

a. Date permitted activity was begun; if work has not begun on-site, please so indicate.

b. Brief description of extent of work completed since the previous report or since the permit was issued. Show on copies of the permit drawings those areas where work has been completed.

c. Brief description and extent of work (i.e. dredge, fill, monitoring, mitigation, management, maintenance) anticipated in the next six months. Indicate on copies of the permit drawings those areas where it is anticipated that work will be done.

d. The reports shall include; colored photographs taken from a minimum of 10 permanent stations within invasive eradication areas, a description of problems encountered, solutions undertaken, and anticipated work for the next six months.

e. Detailed description of statistical methods used which must include the following:

i. Subsample method and map of sampling locations.

ii. Method used to determine percent cover and growth.

iii. Statistical analyses used.

f. Photocopy of the field notes depicting the raw data collected.

g. This report shall include on the first page, just below the title, the certification of the following statement by the individual who supervised preparation of the report: "This report represents a true and accurate description of the activities conducted during the six month period covered by this report."

mailto:Kenneth.Dickey@dep.state.fl.us

16. Mitigation success criteria is as follows:

a. The mitigation area shall have greater than 60% cover of appropriate native vegetation.

b. Cover of Panicum repens (torpedo grass) shall not exceed 5 percent cover.

17. Permittee shall meet the mitigation success criteria, as defined in permit specific condition No. 16, if the permit has expired or if the Department fails to require the permittee to develop an alternative mitigation program as provided below.

18. The responsibility to assess if the mitigation is meeting the permit-specified success criteria shall not fall solely on the Department. In the event the permittee becomes aware mitigation is not meeting the success criteria (based on either site observations or review of monitoring reports), the permittee, no later than 6 months before the permit construction phase expiration date, shall be responsible to submit an alternative mitigation plan to the Department for review and approval. The permittee shall implement the alternative restoration plan no later than 60 days after receiving Department approval.

19. Failure of the Department to notify the permittee of mitigation failure does not prevent the Department from requiring the permittee to meet mitigation success criteria as defined in permit specific condition No. 16.

SPECIFIC CONDITIONS - OTHER LISTED SPECIES

20. Construction, operation, transportation or storage of material/equipment is to be avoided during the marine turtle nesting season (1 May through 31 October) and shorebird nesting season (15 February through 1 September). If construction must occur within these timeframes, the applicant should contact Theodore Hoehn at (850) 488-8792 or by email at Ted.Hoehn@myfwc.com to schedule a consultation with FFWCC prior to any construction.

21. The attached Shorebird Action Plan (Exhibit 2) is required by FFWCC and shall be followed for the mitigation of potential impacts to shorebird habitat associated with the Fort Pickens Road realignment.

22. Any work that may occur during the marine turtle nesting season also requires consultation with the U.S. Fish and Wildlife Service in order to conduct pre-construction surveys of turtle nesting areas.

GENERAL CONDITIONS FOR INDIVIDUAL PERMITS

The following general conditions are binding on all individual permits issued under chapter 62-330, F.A.C., except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate project-specific conditions.

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 mailto:Ted.Hoehn@myfwc.com

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], which is incorporated by reference in paragraph 62-330.350(1)(d), F.A.C., 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 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:

a. 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

b. For all other activities ‒ “As-Built Certification and Request for Conversion to Operational Phase” [Form 62-330.310(1)].

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

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

a. 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 12.3.3 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.

b. 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)] 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.

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:

a. 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.;

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

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

d. 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:

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

b. 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.

NOTICE OF RIGHTS

This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application.

Petition for Administrative Hearing A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28- 106.201, F.A.C., a petition for an administrative hearing must contain the following information:

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

(b) The name, address, any email address, any facsimile number, and telephone number of the petitioner; 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 are or 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 that the petitioner contends warrant reversal or modification of the agency’s proposed action;

(f) A statement of the specific rules or statutes that 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 that the petitioner wishes the agency to take with respect to the agency’s proposed action.

The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.

Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.

Time Period for Filing a Petition In accordance with subsection 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.

Extension of Time Under subsection 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time.

Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.

Mediation Mediation is not available in this proceeding.

FLAWAC Review The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department.

http://web2.westlaw.com/find/default.wl?ordoc=I0C7293C0912311DB8F8F8100D79B57CF&rp=%2ffind%2fdefault.wl&DB=1000006&DocName=FLSTS120%2E569&FindType=L&AP=&rs=WLW9.08&ifm=NotSet&fn=_top&sv=Split&mt=Florida&utid=4&vr=2.0&pbc=38B33E51

Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department.

If you have any questions regarding the wetland impact portion of this permit, please contact Ashlynn Smith at the letterhead address, at (850) 595-0628, or at Ashlynn.N.Smith@dep.state.fl.us.

If you have any questions regarding the stormwater portion of this permit, please contact Leona Lewis at the letterhead address, at (850) 595-0581, or at Leona.E.Lewis@dep.state.fl.us.

Executed in Escambia, Florida

STATE OF FLORIDA DEPARTMENT

OF ENVIRONMENTAL PROTECTION

For Elizabeth Mullins Orr Permitting Program Administrator

Attachments:

Project Drawings, 83 pages Stormwater Infiltration Areas, 5 pages Mitigation Plan – Exhibit 1, 10 pages Shorebird Action Plan – Exhibit 2, 3 pages

Copies of 62-330 forms can be obtained at:

http://www.dep.state.fl.us/water/wetlands/erp/forms.htm cc:

DEP, Office of General Counsel U.S. Army Corps of Engineers Theodore Hoehn, Florida Fish and Wildlife Conservation Commission, ted.hoehn@myfwc.com Escambia County Lisa Landers, U.S. Department of Transportation, Lisa.Landers@dot.gov mailto:Ashlynn.N.Smith@dep.state.fl.us mailto:Leona.E.Lewis@dep.state.fl.us http://www.dep.state.fl.us/water/wetlands/erp/forms.htm mailto:ted.hoehn@myfwc.com mailto:Lisa.Landers@dot.gov mchale_t Signature

CERTIFICATE OF SERVICE

The undersigned hereby certifies that this permit, including all copies, were mailed/emailed before the close of business on ____________________________, to the above listed persons.

FILING AND ACKNOWLEDGMENT

FILED, on this date, under 120.52(7), F.S., with the designated Department Clerk, receipt of which is hereby acknowledged.

Clerk Date

September 24, 2015

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Lisa.Landers MC PE Signature

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Infiltration Area- 2500 sq ft Sta 144+00 to 146+50

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Infiltration Area- 750 sg ft Sta 149+50 to 150+25

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National Park Service

Florida/Caribbean EPMT

Project Application

FY2016-2017

Name of project: Fort Pickens Road Realignment Wetlands Mitigation / Exotics Treatment Plan (FDEP

Application_17-0316768-001-EI_ Fort Pickens Road Realignment – GUIS)

Site Manager: Mark Nicholas

Address: Gulf Islands National Seashore

1801 Gulf Breeze Parkway

Gulf Breeze, FL 32563

Phone, fax, & E-mail: (850) 934-2617, (850) 932-4961, mark_nicholas@nps.gov

Plan POC: Jolene Williams, 228-230-4132, jolene_williams@nps.gov

Project size: 23 locations totaling 0.483 acres within approximately 134 acres

Habitat description and information:

Fort Pickens Road is a segment of NPS-owned and –maintained road on Santa Rosa Island, Escambia

County, Florida. Santa Rosa Island is a barrier island bound on the north by Pensacola Bay and on the south by the Gulf of Mexico. The Fort Pickens road extends approximately 9 miles between Pensacola

Beach and Fort Pickens, with approximately 7 miles of road within the NPS boundary. The Fort Pickens

Road Realignment project includes a proposed road realignment of approximately 1.55 mile portion of the road. The existing road will be removed and the area allowed to restore through natural processes including recolonization of native plant species.

Per the wetlands delineation conducted by EA, Inc. whose findings are incorporated into the Wetlands

Statement of Findings (WSOF 2014), wetland 6 is characterized as an E2EM1P wetland, located along the eastern portion of the proposed roadway and partially within the 100-foot wetland survey boundary, and within the proposed roadway. The proposed roadway would bisect a southern portion of Wetland 6.

The three parameters indicating a wetland (soils, hydrology, and vegetation) were met at this site. The southern portion of Wetland 6 has some but not all of the plants seen in the northern portion of Wetland 6 which was dominated by saltmeadow cordgrass, saltgrass, marsh fimbry, black needlerush (Juncus roemerianus), largeleaf pennywort, and panic grass (Panicum amarum). Primary hydrology indicators observed in this wetland included saturation, drift deposits, and an algal crust (or aufwuchs). Soil samples exhibited redox features in sandy soils as the primary hydric soil indicator. The primary function included

Sediment/Shoreline Stabilization due to close proximity of this wetland to a large waterbody (Pensacola

Bay) and location along the shoreline of Santa Rosa Island, a barrier island in the Gulf of Mexico. The secondary function present included Flood Attenuation/Alteration due to the ability of this wetland to stabilize the shoreline against erosion and due to the wetland existing in a relatively flat area that has flood storage potential. The primary value at this wetland included Wildlife Habitat, and the secondary value included Recreation/Tourism and Visual Quality/Aesthetic due to presence within a National

Seashore. Since wetland views have no signs of disturbance, the wetland is considered a valuable wildlife habitat, and low noise levels are present at primary viewing locations. (WSOF 2014)

EXHIBIT 1

mailto:mark_nicholas@nps.gov

The portion of wetland 6 that lies within the project area totals 0.065 acre within the proposed road realignment with 0.069 acres isolated due to the roadway construction, for a total of approximately 0.134 acres impacted by this project. Federal Highways (FHWA) estimates the direct impact area at 5915.27 sqft or 0.135795914 acre. An adjacent 3552.53 sqft, (0.081554867) was identified as a buffer for indirect secondary impacts.

Per FDEP, the UMAM functional loss for direct impact area is -0.12, and the UMAM functional loss for the indirect secondary impact area is -0.02. Following discussions with the FDEP, wetland mitigation for this project is proposed to offset the functional loss of the direct and indirect impacts of -0.14. The mitigation corresponding to invasive species treatment totals 0.483acre has a functional gain of +0.17.

Within the national seashore, invasive plant species are treated and include torpedo grass (Panicum repens) andChinese tallow tree or popcorn tree (Triadica sebifera) . Torpedo grass was mapped in May

2015 within the invasive species treatment area, and is proposed to be the target species treated post construction, with incidental treatment of popcorn trees (Triadica sebifera) when found within the treatment area.

Invasive plant species management would be completed following construction to ensure encroachment does not occur following the soil and wetland disturbance. This work would take place during the appropriate time of year to maximize the potential treatment of the invasive plant species. Any pesticides or other treatment types used would have to be approved in advance by the NPS.

The wetland types and functions of the areas proposed for invasive species treatment are the same as those previously described in wetland 6 in the attached Wetlands Statement of Findings (WSOF).

Invasive species management would be conducted similarly to efforts that are currently occurring in the park. Treatment would be conducted by experienced persons and efforts would be made to avoid impacting adjacent plant species. Monitoring would be conducted every year to determine the efficacy of treatment events. The goal is for complete 100% eradication of torpedo grass within the treated areas. The anticipated time-frame for the full functioning of the wetlands treated for invasive plants would be one year. If these goals are not met, maintenance would occur through adaptive management.

Exotic species to treat:

The exotic pest plant species to be targeted is in the national seashore’s wetland areas and include torpedo grass (Panicum repens) and andChinese tallow tree or popcorn tree (Triadica sebifera) . As mitigation for this project, invasive treatment would take place for these species that occur within the area surveyed for the project. This work would take place during the appropriate time of year to maximize the potential treatment of the invasive plant species. Any pesticides or other treatment types used would have to be approved in advance by the NPS. The paragraphs below describe in detail the biography and rationale for choosing invasive species removal as compensation for wetland impacts.

Torpedo grass is characterized as a Category I plant on the Florida Exotic Pest Plant Council's (FLEPPC)

2013 List of Invasive Plant Species with a hydrophytic status of FACW (usually occur in wetlands, but may occur in non-wetlands) (FLEPPC 2013; USDA NRCS 2014). Plants are termed Category I invasives when they are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives. Torpedo grass is native to Africa and/or

Asia, and it was introduced to the United States before 1876, primarily through seed used for forage crops. In the early 1900’s, the United States Department of Agriculture imported and distributed torpedo grass seed for planting in pasturelands; providing forage for cattle. Torpedo grass grows in or near shallow waters, forming monocultures where it can quickly displace native vegetation (UF IFAS 2008).

Torpedo grass is found within the wetlands at Fort Pickens, including within wetland areas located adjacent to the proposed roadway (wetlands 2, 3, and 4 near the ponds). Although extensive treatment of these areas was completed in 2011, retreatment is necessary due to the persistent nature of this species.

Additionally, treatment is needed for new or adjacent wetland areas not treated in 2011.

In Florida, Chinese tallow tree is considered a noxious weed with a hydrophytic status of facultative

(FAC) (plant occurs in both wetlands and non-wetland areas) (USDA NRCS 2014). This plant is native to

China and Japan and was introduced as an ornamental to be cultivated for seed oil. Chinese tallow is an aggressive woody invader of wetland, coastal, and disturbed habitats and has been shown to reduce native species diversity and richness, and alter ecosystem structure and function in Florida’s natural areas

(FLEPPC 2005). In the national seashore, Chinese tallow has invaded several areas of the park, including wetland areas. Eradication efforts in the late 1990s and early 2000s eliminated the majority of “seed” trees in the national seashore, and follow-up treatments have eliminated seed-bearing trees on neighboring properties. These efforts have helped to reduce the spread of this species. Areas for treatment at Fort

Pickens are sparsely impacted, and contain small trees that can be hand-pulled, or treated with herbicides.

The infested sites are 23 small pockets with an average of 90% coverage of torpedo grass in each pocket.

Because of their small size (44 sqft to 2220 sqft), the treated areas will not require restoration or replanting. The native vegetation in the area will be able to fill in and naturally recruit individuals after treatment. Native species from adjacent areas are expected to move into the treated areas as well.

Targeted areas:

Fort Pickens. The invasive species treatment consist of 23 pockets of torpedo grass, with sizes ranging from 44 sqft (.001 acre) to 2220 sqft (.05 acre) and total 0.483 acres (21039.48 sqft). The UMAM functional loss at Wetland 6 is -0.14. Wetland mitigation for this project is proposed to offset the functional loss of the impacts, corresponding to invasive species treatment of totaling 0.483acre with a functional gain of +0.17. See attached maps and UMAM worksheets.

Scope of work:

Torpedo grasses:

1. Systematically locate and chemically treat all identified non-native plants by mid spring following construction, using appropriate and approved herbicides based on protocols developed by the State of

Florida.

2. Map all treated/identified areas to facilitate additional treatments.

Chinese Tallow:

1. Systematically locate, remove, and/or chemically treat all identified popcorn trees within the project area.

2. Seedlings are to be pulled and piled.

3. Saplings and small trees are to be cut and treated with an appropriate herbicide.

4. Large trees will be girdled and chemically treated

It is felt that a maximum effort is necessary in the spring to gain control of these invasive species.

Treatment protocols developed by the State of Florida will be employed for all targeted species and State of Florida contractors will be utilized.

The contractor is to obtain location and treatment information for all treatment sites. Location information is preferable using Global Positioning System (GPS) with location coordinates in Universal

Transverse Mercator coordinate system (UTM-16) using the NAD 83 datum. WGS-84 datum is also acceptable. All information will be recorded on provided treatment sheets and supplied to the site manager upon completion of the project.

NEPA compliance for this project has been completed.

NPS estimates to remove and treat all exotics:

Estimates were derived from previous project costs and estimates from private contractors.

Area Avg % Cover Exotic Acres Cost/Acre Total Cost

Fort Pickens 90 0.483

Attachments:

UMAM Worksheet Mitigation Wetland 6 of FP Road Realignment 4-1-2015 ASmith FDEP

UMAM Worksheet Mitigation All Torpedo Grass 8-13-2015 v3 MFord JWilliams NPS

Map FP 1 Exotics Treatment Plan FDEP FP Road Realignment Combo

Plan Sheet Wetland Impacts from GUIS 12(2) Plans_Adv_FHWA

WSOF GUIS - Ft. Pickens Road - Wetlands SOF - Final SIGNED- 11-15-14

Wetland 6

1 3 4 5 6 7 8 9 10 11 12 13 14

15 16 17

19 20 22

Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community

FILE: F:/GIS/Maps/FP Road Realignment2.mxd August 2015Jolene Williams, Science and Resources Stewardship

National Park Service U.S. Department of the Interior

Fort Pickens Road Realignment Exotics Treatment as Wetlands Mitigation

Gulf Islands National Seashore Florida and Mississippi Districts

0 1,000 2,000 3,000 4,000500 Feet

1:8,000

Legend Seashore Boundary Wetlands Mitigation Project Area 2015 Torpedo Grass 3 Ponds FP road existing FP_Road_Realignment_95%

Wetlands_Impacted Direct Indirect

Area_ID Comment 1 0.051 ac 2 -0.027 ac 3 0.033 ac 4 0.014 ac 5 0.032 ac 6 0.005 ac 7 0.028 ac 8 0.030 ac 9 0.046 ac

10 0.013 ac 11 0.028 ac 12 0.008 ac 13 0.003 ac 14 0.007 ac 15 0.034 ac 16 0.013 ac 17 0.007 ac 18 0.006 ac 19 0.052 ac 20 0.013 ac 21 -0.020 ac 22 0.012 ac 23 0.001 ac

Text

Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community

6 7 8 9

Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community

FILE: F:/GIS/Maps/FP Road Realignment2.mxd August 2015Jolene Williams, Science and Resources Stewardship

National Park Service U.S. Department of the Interior

Fort Pickens Road Realignment Exotics Treatment as Wetlands Mitigation

Gulf Islands National Seashore Florida and Mississippi Districts

0 190 380 570 76095 Feet

1:1,500

Legend Seashore Boundary Wetlands Mitigation Project Area 2015 Torpedo Grass 3 Ponds FP road existing FP_Road_Realignment_95%

Wetlands_Impacted Direct Indirect

Area_ID Comment 1 0.051 ac 2 -0.027 ac 3 0.033 ac 4 0.014 ac 5 0.032 ac 6 0.005 ac 7 0.028 ac 8 0.030 ac 9 0.046 ac

10 0.013 ac 11 0.028 ac 12 0.008 ac 13 0.003 ac 14 0.007 ac 15 0.034 ac 16 0.013 ac 17 0.007 ac 18 0.006 ac 19 0.052 ac 20 0.013 ac 21 -0.020 ac 22 0.012 ac 23 0.001 ac

Wetland 6

10 11 12 13 14

Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community

FILE: F:/GIS/Maps/FP Road Realignment2.mxd August 2015Jolene Williams, Science and Resources Stewardship

National Park Service U.S. Department of the Interior

Fort Pickens Road Realignment Exotics Treatment as Wetlands Mitigation

Gulf Islands National Seashore Florida and Mississippi Districts

0 190 380 570 76095 Feet

1:1,500

Legend Seashore Boundary Wetlands Mitigation Project Area 2015 Torpedo Grass 3 Ponds FP road existing FP_Road_Realignment_95%

Wetlands_Impacted Direct Indirect

Area_ID Comment 1 0.051 ac 2 -0.027 ac 3 0.033 ac 4 0.014 ac 5 0.032 ac 6 0.005 ac 7 0.028 ac 8 0.030 ac 9 0.046 ac

10 0.013 ac 11 0.028 ac 12 0.008 ac 13 0.003 ac 14 0.007 ac 15 0.034 ac 16 0.013 ac 17 0.007 ac 18 0.006 ac 19 0.052 ac 20 0.013 ac 21 -0.020 ac 22 0.012 ac

Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community

FILE: F:/GIS/Maps/FP Road Realignment2.mxd August 2015Jolene Williams, Science and Resources Stewardship

National Park Service U.S. Department of the Interior

Fort Pickens Road Realignment Exotics Treatment as Wetlands Mitigation

Gulf Islands National Seashore Florida and Mississippi Districts

0 190 380 570 76095 Feet

1:1,500

Legend Seashore Boundary Wetlands Mitigation Project Area 2015 Torpedo Grass 3 Ponds FP road existing FP_Road_Realignment_95%

Wetlands_Impacted Direct Indirect

Area_ID Comment 1 0.051 ac 2 -0.027 ac 3 0.033 ac 4 0.014 ac 5 0.032 ac 6 0.005 ac 7 0.028 ac 8 0.030 ac 9 0.046 ac

10 0.013 ac 11 0.028 ac 12 0.008 ac 13 0.003 ac 14 0.007 ac 15 0.034 ac 16 0.013 ac 17 0.007 ac 18 0.006 ac 19 0.052 ac 20…