ERP_Permit.pdf

PDF 509 KB Posted

Attached to
Special Events Equipment Rental
Solicitation number
26-032
Issued by
Santa Rosa County, Florida

About this file

This is a General Environmental Resource Permit issued by the Northwest Florida Water Management District to Santa Rosa County for the Oriole Beach Elementary Drainage Improvements project. The permit, designated GEN-113-328434-2 and issued March 16, 2026, authorizes stormwater retrofit activities at the elementary school located at 1260 Oriole Beach Road in Santa Rosa County, Florida. The project involves construction of a 15-foot wide swale along the eastern boundary of the school property to convey runoff to an inlet connected via an 18-inch pipe to an existing on-site pond, along with excavation of soil from the pond to increase storage capacity. The plans were prepared by Atkins Realis and submitted by Rebecca Jones, County Engineer, and John Studstill, Assistant County Engineer of Santa Rosa County. The permit is valid for five years from the issuance date, with the permittee authorized to operate and maintain the system in accordance with the approved plans and subject to all specified conditions. A separate sealed bid solicitation (26-032) for the Oriole Beach Elementary Drainage Improvements was issued by the Santa Rosa County Board of County Commissioners with a bid submission deadline of 10:00 AM on May 7, 2026, through the Santa Rosa County Procurement Portal.

The permit is granted with conditions and constitutes water quality certification under Section 401 of the Clean Water Act. Numerous operational and maintenance conditions apply, including regular fertilization and mowing of grassed areas, evaluation of pond percolation performance at least every three years, inspections by registered professionals every three years following issuance of an Operation and Maintenance Conversion Letter, and immediate reporting of any system failures or permit deviations within 30 days. Construction procedures must comply with specific design standards including swale width-to-depth ratios of 6:1 or side slopes of 3:1, implementation of erosion and sediment control best management practices, and adherence to Florida Department of Environmental Protection design manuals. The permit includes extensive environmental protections such as avoidance of impacts to listed aquatic species including manatees and marine turtles, procedures for handling prehistoric or historic artifacts, and restrictions on vegetation removal. The District has not published public notice; however, the permittee may elect to publish notice at its own expense to establish a definitive 21-day challenge period. Contact information for permit reviewers and the District is provided, with inquiries directed to the Northwest Florida Water Management District at (850) 951-4660.

View the file

Other files

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

March 16, 2026

Rebecca Jones County Engineer, Santa Rosa County 6051 Old Bagdad Hwy Ste 300 Milton, FL 32583-8036

RE: Notice of Final Agency Action - Determination of Qualification General Environmental Resource Permit Permit Number: GEN-113-328434-2 Project Name: Oriole Beach Elementary Drainage

Dear Rebecca Jones:

The District has received your notice of intent to use a General Environmental Resource Permit.

Based upon the submitted information, the proposed activity qualifies for a General Environmental Resource Permit pursuant to Chapter 62-330, Florida Administrative Code (F.A.C.). The proposed activity is subject to the general conditions in Rule 62-330.405, F.A.C. (see attached Exhibit A) and the specific conditions (see attached Exhibit B) if any. Deviations from these conditions may subject you to enforcement action and possible penalties. You are responsible for conducting construction in a manner that satisfies all criteria.

Please be advised that the District has not published a notice in the newspaper advising the public that this activity has qualified for the use of a General Environmental Resource Permit. Publication, using the District form, notifies the public of their right to challenge the issuance of this permit. If proper notice is given by publication, third parties have a 21-day time limit to file a petition opposing the issuance of the permit. If you do not publish, a party's right to challenge the issuance of the permit extends for an indefinite period of time. If you wish to have certainty that the period for filing such a challenge is closed, then you may publish, at your own expense, such a notice in a newspaper of general circulation. A copy of the form of the notice and a list of newspapers of general circulation is attached for your information. If you do publish a notice, please submit a copy of the published notice to the District for our records.

This verification of qualification to use a General Environmental Resource Permit does not eliminate the need for obtaining all necessary permits or approvals from other agencies.

This permit also constitutes a granted with conditions water quality certification under Section 401 of the Clean Water Act, 33 U.S.C. Section 1341. Pursuant to Rule 62-330.062, F.A.C., State Water Quality Certification is granted when an activity meets all the terms and conditions of a general permit under Rule 62-330.052, F.A.C., and the applicable Rules 62-330.401 through 62-330.635, F.A.C.

Should you have any questions regarding your permit or its conditions, please contact your permit reviewer, Joel Ealum, at (850) 951-4660 or by e-mail: Joel.Ealum@nwfwater.com, Dylan Cook, at

(850) 539-5999 or by e-mail: dylan.cook@nwfwater.com, Ashley Austin, at (850) 951-4660 or by e-mail: Ashley.Austin@nwfwater.com and Chris Shortt, P.E., at (850) 951-4660 or by e-mail:

Chris.Shortt@nwfwater.com.

Sincerely, Chris Shortt, P.E.

Chief, Bureau of Surface Water cc:

Consultant:

Catherine Earp Atkins/Realis 3522 Thomasville Rd Ste 5 Tallahassee, FL 32309-3479

Enc:

Sample Newspaper Notice Notice of Rights

NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT

GENERAL ENVIRONMENTAL RESOURCE PERMIT

PERMIT NO: GEN-113-328434-2 DATE ISSUED: March 16, 2026

PROJECT NAME: Oriole Beach Elementary Drainage

A PERMIT AUTHORIZING:

The use of Rule 62-330.451, F.A.C. for Counties, Municipalities, and other Agencies to Conduct Stormwater Retrofit Activities. The proposed project consists of the construction of a 15ft wide swale to convey water along the eastern boundary of the school property. The swale will convey runoff to an inlet which will capture the water and convey via an 18-inch pipe to an existing on-site pond. This project also proposes to excavate a mound of soil from the existing pond to increase the storage capacity of the pond. The proposed activities are in accordance with the submitted plans prepared by Atkins Realis.

Santa Rosa County

ISSUED TO:

County Engineer, Santa Rosa County 6051 Old Bagdad Hwy Ste 300 Milton, FL 32583-8036

Asst. County Engineer, Santa Rosa County 6051 Old Bagdad Hwy Ste 300 Milton, FL 32583-8036

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

The use of a General Environmental Resource permit does not convey to permittee any property rights or any rights or privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies.

All structures and works installed by permittee hereunder shall remain the property of the permittee.

This permit may be revoked, modified or transferred at any time pursuant to the appropriate provisions of Chapter 373, Florida Statutes:

This permit also constitutes a granted with conditions water quality certification under Section 401 of the Clean Water Act, 33 U.S.C. Section 1341. Pursuant to Rule 62-330.062, F.A.C., State Water Quality Certification is granted when an activity meets all the terms and conditions of a general permit under Rule 62-330.052, F.A.C., and the applicable Rules 62-330.401 through 62-330.635, F.A.C.

Activities conducted under this permit are subject to the following conditions:

See conditions on attached “Exhibit A”, dated March 16, 2026

AUTHORIZED BY: Northwest Florida Water Management District Division of Regulatory Services

By:

Starsky Harrell Division Director

"EXHIBIT A"

CONDITIONS FOR ISSUANCE OF PERMIT NUMBER GEN-113-328434-2

Oriole Beach Elementary Drainage

DATED March 16, 2026

1. Grassed areas of the retention system shall be fertilized only as needed to maintain vegetation, and shall be mowed regularly in order to be kept at a manageable length as required for system functionality, maintenance, and safety.

2. Percolation performance shall be evaluated within the pond at least every third year. If there is evidence of inadequate percolation, the pond bottom must be re-scarified or deep-raked to restore percolation characteristics. If reworking the pond bottom fails to restore adequate percolation, additional retention area restoration shall be performed as follows:

a. Remove the top layer of the retention area bottom material to a depth of 2 to 3 inches and scarify or deep-rake the excavated bottom.

b. Replace excavated bottom material with suitably permeable material and restore the pond bottom to design grade.

3. Inspections by the Permittee. All routine and custodial maintenance of the system shall be in accordance with the operation and maintenance plan reviewed and approved by the District.

4. Inspections by a Registered Professional. The stormwater management system shall be inspected by a registered professional to evaluate whether the system is functioning as designed and permitted. Percolation performance should specifically be addressed.

The Registered Professional may record his inspection on "Inspection Checklist," [Form 62-330.311(3), (Effective Date June 28, 2024)] or may provide his evaluation in any other format; however any report must be signed and sealed by the Registered Professional and must be submitted in conjunction with "Operation and Maintenance Inspection Certification," [Form 62-330.311(1), (Effective Date June 28, 2024)] and applicable updates to the listed documents within the form. Inspections, submittal of these forms and applicable updated documentation shall be made by the Registered Professional in accordance with this schedule:

o Once every 3 years after the issuance date of the Operation and Maintenance Conversion Letter.

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

6. The constructed swales shall have a top width to depth ratio of the cross-section equal to or greater than 6:1 or side slopes equal to 3:1 (horizontal to vertical) or flatter.

7. The following construction procedures shall be implemented to avoid degradation of the swale system infiltration capacity:

a. During initial construction, swales shall be constructed to rough grade by under-excavating the swale bottom and sides.

b. After the drainage area contributing to the swale system has been fully stabilized, the interior side slopes and swale bottoms shall be excavated to final design specifications. The excess soil and undesirable material must be carefully excavated and removed from the swales so that all accumulated silts, clays, organics, and other fine sediment material has been removed. The excavated material shall be disposed of in a manner that prevents re-introduction of the material into the stormwater treatment system.

c. Once the swale system has been excavated to final grade, the entire swale bottom shall be deep-raked and loosened for optimal infiltration.

d. The swale system shall be stabilized with vegetative cover suitable for soil stabilization, stormwater treatment, and nutrient uptake.

8. The swale system shall be fertilized only as needed to maintain vegetation, and shall be mowed regularly in order to be kept at a manageable length as required for system functionality, maintenance, and safety.

9. The swale system bottom shall be inspected periodically for silt accumulation.

Accumulations of silt that negatively affect the function of the system shall be removed immediately.

10. The stormwater treatment system shall be inspected periodically for accumulation of debris and trash. Accumulations of debris and trash that negatively affect the function of the system shall be removed immediately upon discovery.

11. Inspections by a Registered Professional. The stormwater management system shall as designed and permitted. Percolation performance should specifically be addressed.

The Registered Professional may record his inspection on "Inspection Checklist," [Form 62-330.311(3), (Effective Date June 28, 2024)] or may provide his evaluation in any other format; however any report must be signed and sealed by the Registered Professional and must be submitted in conjunction with "Operation and Maintenance Inspection Certification," [Form 62-330.311(1), (Effective Date June 28, 2024)] and applicable updates to the listed documents within the form. Inspections, submittal of these forms and applicable updated documentation shall be made by the Registered Professional in accordance with this schedule:

12. Reporting by a Registered Professional. Within 30 days of any failure of a stormwater

District on Form 62-330.311(1), Operation and Maintenance Inspection Certification,

13. The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit and may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S.

14. The general permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any construction, alteration, operation, maintenance, removal or abandonment authorized by this permit; and it does not authorize any violation of any other applicable federal, state, local, or special district laws (including, but not limited to, those governing the "take" of listed species).

15. The general permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the general permit.

16. The general permit does not relieve the permittee from liability and penalties when the permitted activity causes harm or injury to: human health or welfare; animal, plant or aquatic life; or property. It does not allow the permittee to cause pollution that violates state water quality standards.

17. Section 253.77, F.S., provides that a person may not commence any excavation, construction, or other activity involving the use of state-owned or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required consent, lease, easement, or other form of authorization authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on state-owned lands.

18. The authorization to conduct activities under a general permit may be modified, suspended or revoked in accordance with Chapter 120, F.S., and Section 373.429, F.S.

19. The general permit is not transferable to a new third party. To be used by a different permittee, a new notice to use a general permit must be submitted in accordance with Rule 62-330.402, F.A.C. Activities constructed in accordance with the terms and conditions of a general permit are automatically authorized to be operated and maintained by the permittee and subsequent owners in accordance with subsection 62- 330.340(1), F.A.C. Any person holding the general permit, persons working under the general permit, and owners of land while work is conducted under the general permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to sale, conveyance, or other transfer of ownership or control of the permitted project, activity, or the real property at which the permitted project or activity is located.

20. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the permitted system to ensure conformity with the plans and specifications approved by the general permit.

21. The permittee shall maintain any permitted project or activity in accordance with the plans submitted to the Agency and authorized in the general permit.

22. A permitee's right to conduct a specific activity under the general permit is authorized for a duration of five years.

23. 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 implemented and maintained immediately prior to, during, and after construction as needed to stabilize all disturbed areas, including other measures specified in the permit to prevent adverse impacts to the water resources and adjacent lands. Erosion and sediment control measures shall be installed and maintained 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 July 2013), incorporated by reference in subparagraph 62-330.050(9)(b)5.; the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual Tier I (Florida Department of Environmental Protection, Division of Environmental Assessment and Restoration, Tallahassee, Florida, October 2018), incorporated by reference in subparagraph 62-330.050(9)(b)5.; and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual Tier II (Florida Department of Environmental Protection, Division of Environmental Assessment and Restoration, Tallahassee, Florida, October 2018), incorporated by reference in subparagraph 62-330.050(9)(b)5., and available at https://www.fsesci.com/downloads/.

24. Unless otherwise specified in the general permit, temporary vehicular access within wetlands during construction shall be performed using vehicles generating minimum ground pressure to minimize rutting and other environmental impacts. Within forested wetlands, the permittee shall choose alignments that minimize the destruction of mature wetland trees to the greatest extent practicable. When needed to prevent rutting or soil compaction, access vehicles shall be operated on wooden, composite, metal, or other non-earthen construction mats. In all cases, access in wetlands shall comply with the following:

a. Access within forested wetlands shall not include the cutting or clearing of any native wetland tree having a diameter four inches or greater at breast height;

b. The maximum width of the construction access area shall be limited to 15 feet;

c. All mats shall be removed as soon as practicable after equipment has completed passage through, or work has been completed, at any location along the alignment of the project, but in no case longer than seven days after equipment has completed work or passage through that location; and

d. Areas disturbed for access shall be restored to natural grades immediately after the maintenance or repair is completed.

25. Barges or other work vessels used to conduct in-water activities shall be operated in a manner that prevents unauthorized dredging, water quality violations, and damage to submerged aquatic communities.

26. The construction, alteration, or use of the authorized project shall not adversely impede navigation or create a navigational hazard in the water body.

27. Except where specifically authorized in the general permit, activities must not:

a. Impound or obstruct existing water flow, cause adverse impacts to existing surface water storage and conveyance capabilities, or otherwise cause adverse water quantity or flooding impacts to receiving water and adjacent lands; or

b. Cause an adverse impact to the maintenance of surface or ground water levels or surface water flows established pursuant to Section 373.042, F.S., or a Works of the District established pursuant to Section 373.086, F.S.; or

28. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, stone tools, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the vicinity of the discovery.

The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance Review Section (DHR), at (850) 245-6333, as well as the appropriate permitting agency office. Project activities 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 proper authorities notified in accordance with Section 872.05, F.S.

29. The activity must be capable, based on generally accepted engineering and scientific principles, of being performed and of functioning as proposed, and must comply with any applicable District special basin and geographic area criteria.

30. The permittee shall comply with the following when performing work within waters accessible to federally- or state-listed aquatic species, such as manatees, marine turtles, smalltooth sawfish, and Gulf sturgeon:

a. All vessels associated with the project shall operate at “Idle Speed/No Wake” at all times while in the work area and where the draft of the vessels provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.

b. All deployed siltation or turbidity barriers shall be properly secured, monitored, and maintained to prevent entanglement or entrapment of listed species.

c. All in-water activities, including vessel operation, must be shut down if a listed species comes within 50 feet of the work area. Activities shall not resume until the animal(s) has moved beyond a 50-foot radius of the in-water work, or until 30 minutes elapses since the last sighting within 50 feet. Animals must not be herded away or harassed into leaving. All onsite project personnel are responsible for observing water-related activities for the presence of listed species.

d. Any listed species that is killed or injured by work associated with activities performed shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1(888)404-3922 and ImperiledSpecies@myFWC.com.

e. Whenever there is a spill or frac-out of drilling fluid into waters accessible to the above species during a directional drilling operation, the FWC shall be notified at imperiledspecies@myfwc.com with details of the event within 24 hours following detection of the spill or frac-out.

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

32. The permittee shall immediately notify the Agency in writing of any submitted information that is discovered to be inaccurate.

33. This permit does not convey to the permittee any property rights or privileges other than those specified herein, nor relieve the permittee from complying with any applicable local government, state, or federal law, rule, or ordinance.

NOTICING PUBLICATION INFORMATION

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

Notification of “third parties” is provided through publication of certain information in a newspaper of general circulation in accordance with Chapter 50, F.S., in the county where the proposed activities are to occur. Publication of notice informs “third parties” of their right to have a 21-day time limit in which to file a petition opposing the District’s action. However, if no notice to “third parties” is published, there is no time limit to a party’s right to challenge the District’s action. The District has not published a notice to “third parties” that it has taken final action on your application.

If you want to ensure that the period of time in which a petition opposing the District’s action regarding your application is limited to the time frame state above, you may publish, at your own expense, a notice in a newspaper of general circulation. A copy of the Notice of Agency Action the District uses for publication is attached. You may use this format or create your own, as long as the essential information is included.

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

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

Notice is given that Environmental Resource permit number GEN-113-328434-2 was issued on March 16, 2026 to County Engineer, Santa Rosa County for the construction of a surface water management system Oriole Beach Elementary Drainage. The project is located at 1260 ORIOLE BEACH RD, Santa Rosa County.

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

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

A person whose substantial interests are affected by the District permitting decision may petition for an administrative hearing in accordance with Sections 120.569 and 120.57, Florida Statutes, or may choose to pursue mediation as an alternative remedy under Section 120.573, Florida Statutes, and Rules 28-106.111 and 28-106.401-404, Florida Administrative Code. Petitions must comply with the requirements of Florida Administrative Code, Chapter 28-106 and be filed with (received by) the District Clerk located at District Headquarters, 81 Water Management Drive, Havana, FL 32333-4712. Petitions for administrative hearing on the above application must be filed within twenty-one (21) days of publication of this notice or within twenty-six (26) days of the District depositing notice of this intent in the mail for those persons to whom the District mails actual notice.

Failure to file a petition within this time period shall constitute a waiver of any right(s) such person(s) may have to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., concerning the subject permit. Petitions which are not filed in accordance with the above provisions are subject to dismissal.

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

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

NOTICE OF RIGHTS

152 Water Management Drive, Havana, FL 32333-4712

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

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

PETITION FOR FORMAL ADMINISTRATIVE PROCEEDINGS

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

DISTRICT COURT OF APPEAL

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

http://www.nwfwater.com/

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

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

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

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

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

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

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

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

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

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

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

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

CERTIFICATE OF SERVICE

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

Regulatory Specialist Date

John Studstill Asst. County Engineer, Santa Rosa County 6051 Old Bagdad Hwy Ste 300 Milton, FL 32583-8036

RE: Notice of Final Agency Action - Determination of Qualification General Environmental Resource Permit Permit Number: GEN-113-328434-2 Project Name: Oriole Beach Elementary Drainage

Dear John Studstill:

The District has received your notice of intent to use a General Environmental Resource Permit.

Based upon the submitted information, the proposed activity qualifies for a General Environmental Resource Permit pursuant to Chapter 62-330, Florida Administrative Code (F.A.C.). The proposed activity is subject to the general conditions in Rule 62-330.405, F.A.C. (see attached Exhibit A) and the specific conditions (see attached Exhibit B) if any. Deviations from these conditions may subject you to enforcement action and possible penalties. You are responsible for conducting construction in a manner that satisfies all criteria.

Please be advised that the District has not published a notice in the newspaper advising the public that this activity has qualified for the use of a General Environmental Resource Permit. Publication, using the District form, notifies the public of their right to challenge the issuance of this permit. If proper notice is given by publication, third parties have a 21-day time limit to file a petition opposing the issuance of the permit. If you do not publish, a party's right to challenge the issuance of the permit extends for an indefinite period of time. If you wish to have certainty that the period for filing such a challenge is closed, then you may publish, at your own expense, such a notice in a newspaper of general circulation. A copy of the form of the notice and a list of newspapers of general circulation is attached for your information. If you do publish a notice, please submit a copy of the published notice to the District for our records.

This verification of qualification to use a General Environmental Resource Permit does not eliminate the need for obtaining all necessary permits or approvals from other agencies.

This permit also constitutes a granted with conditions water quality certification under Section 401 of the Clean Water Act, 33 U.S.C. Section 1341. Pursuant to Rule 62-330.062, F.A.C., State Water Quality Certification is granted when an activity meets all the terms and conditions of a general permit under Rule 62-330.052, F.A.C., and the applicable Rules 62-330.401 through 62-330.635, F.A.C.

Should you have any questions regarding your permit or its conditions, please contact your permit reviewer, Joel Ealum, at (850) 951-4660 or by e-mail: Joel.Ealum@nwfwater.com, Dylan Cook, at

(850) 539-5999 or by e-mail: dylan.cook@nwfwater.com, Ashley Austin, at (850) 951-4660 or by e-mail: Ashley.Austin@nwfwater.com and Chris Shortt, P.E., at (850) 951-4660 or by e-mail:

Chris.Shortt@nwfwater.com.

Sincerely, Chris Shortt, P.E.

Chief, Bureau of Surface Water cc:

Consultant:

Catherine Earp Atkins/Realis 3522 Thomasville Rd Ste 5 Tallahassee, FL 32309-3479

Enc:

Sample Newspaper Notice Notice of Rights

NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT

GENERAL ENVIRONMENTAL RESOURCE PERMIT

PERMIT NO: GEN-113-328434-2 DATE ISSUED: March 16, 2026

PROJECT NAME: Oriole Beach Elementary Drainage

A PERMIT AUTHORIZING:

The use of Rule 62-330.451, F.A.C. for Counties, Municipalities, and other Agencies to Conduct Stormwater Retrofit Activities. The proposed project consists of the construction of a 15ft wide swale to convey water along the eastern boundary of the school property. The swale will convey runoff to an inlet which will capture the water and convey via an 18-inch pipe to an existing on-site pond. This project also proposes to excavate a mound of soil from the existing pond to increase the storage capacity of the pond. The proposed activities are in accordance with the submitted plans prepared by Atkins Realis.

Santa Rosa County

ISSUED TO:

County Engineer, Santa Rosa County 6051 Old Bagdad Hwy Ste 300 Milton, FL 32583-8036

Asst. County Engineer, Santa Rosa County 6051 Old Bagdad Hwy Ste 300 Milton, FL 32583-8036

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

The use of a General Environmental Resource permit does not convey to permittee any property rights or any rights or privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies.

All structures and works installed by permittee hereunder shall remain the property of the permittee.

This permit may be revoked, modified or transferred at any time pursuant to the appropriate provisions of Chapter 373, Florida Statutes:

This permit also constitutes a granted with conditions water quality certification under Section 401 of the Clean Water Act, 33 U.S.C. Section 1341. Pursuant to Rule 62-330.062, F.A.C., State Water Quality Certification is granted when an activity meets all the terms and conditions of a general permit under Rule 62-330.052, F.A.C., and the applicable Rules 62-330.401 through 62-330.635, F.A.C.

Activities conducted under this permit are subject to the following conditions:

See conditions on attached “Exhibit A”, dated March 16, 2026

AUTHORIZED BY: Northwest Florida Water Management District Division of Regulatory Services

By:

Starsky Harrell Division Director

"EXHIBIT A"

CONDITIONS FOR ISSUANCE OF PERMIT NUMBER GEN-113-328434-2

Oriole Beach Elementary Drainage

DATED March 16, 2026

1. Grassed areas of the retention system shall be fertilized only as needed to maintain vegetation, and shall be mowed regularly in order to be kept at a manageable length as required for system functionality, maintenance, and safety.

2. Percolation performance shall be evaluated within the pond at least every third year. If there is evidence of inadequate percolation, the pond bottom must be re-scarified or deep-raked to restore percolation characteristics. If reworking the pond bottom fails to restore adequate percolation, additional retention area restoration shall be performed as follows:

a. Remove the top layer of the retention area bottom material to a depth of 2 to 3 inches and scarify or deep-rake the excavated bottom.

b. Replace excavated bottom material with suitably permeable material and restore the pond bottom to design grade.

3. Inspections by the Permittee. All routine and custodial maintenance of the system shall be in accordance with the operation and maintenance plan reviewed and approved by the District.

4. Inspections by a Registered Professional. The stormwater management system shall as designed and permitted. Percolation performance should specifically be addressed.

The Registered Professional may record his inspection on "Inspection Checklist," [Form 62-330.311(3), (Effective Date June 28, 2024)] or may provide his evaluation in any other format; however any report must be signed and sealed by the Registered Professional and must be submitted in conjunction with "Operation and Maintenance Inspection Certification," [Form 62-330.311(1), (Effective Date June 28, 2024)] and applicable updates to the listed documents within the form. Inspections, submittal of these forms and applicable updated documentation shall be made by the Registered Professional in accordance with this schedule:

5. Reporting by a Registered Professional. Within 30 days of any failure of a stormwater

District on Form 62-330.311(1), Operation and Maintenance Inspection Certification,

6. The constructed swales shall have a top width to depth ratio of the cross-section equal to or greater than 6:1 or side slopes equal to 3:1 (horizontal to vertical) or flatter.

7. The following construction procedures shall be implemented to avoid degradation of the swale system infiltration capacity:

a. During initial construction, swales shall be constructed to rough grade by under-excavating the swale bottom and sides.

b. After the drainage area contributing to the swale system has been fully stabilized, the interior side slopes and swale bottoms shall be excavated to final design specifications. The excess soil and undesirable material must be carefully excavated and removed from the swales so that all accumulated silts, clays, organics, and other fine sediment material has been removed. The excavated material shall be disposed of in a manner that prevents re-introduction of the material into the stormwater treatment system.

c. Once the swale system has been excavated to final grade, the entire swale bottom shall be deep-raked and loosened for optimal infiltration.

d. The swale system shall be stabilized with vegetative cover suitable for soil stabilization, stormwater treatment, and nutrient uptake.

8. The swale system shall be fertilized only as needed to maintain vegetation, and shall be mowed regularly in order to be kept at a manageable length as required for system functionality, maintenance, and safety.

9. The swale system bottom shall be inspected periodically for silt accumulation.

Accumulations of silt that negatively affect the function of the system shall be removed immediately.

10. The stormwater treatment system shall be inspected periodically for accumulation of debris and trash. Accumulations of debris and trash that negatively affect the function of the system shall be removed immediately upon discovery.

11. Inspections by a Registered Professional. The stormwater management system shall as designed and permitted. Percolation performance should specifically be addressed.

The Registered Professional may record his inspection on "Inspection Checklist," [Form 62-330.311(3), (Effective Date June 28, 2024)] or may provide his evaluation in any other format; however any report must be signed and sealed by the Registered Professional and must be submitted in conjunction with "Operation and Maintenance Inspection Certification," [Form 62-330.311(1), (Effective Date June 28, 2024)] and applicable updates to the listed documents within the form. Inspections, submittal of these forms and applicable updated documentation shall be made by the Registered Professional in accordance with this schedule:

12. Reporting by a Registered Professional. Within 30 days of any failure of a stormwater

District on Form 62-330.311(1), Operation and Maintenance Inspection Certification,

13. The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit and may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S.

14. The general permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any construction, alteration, operation, maintenance, removal or abandonment authorized by this permit; and it does not authorize any violation of any other applicable federal, state, local, or special district laws (including, but not limited to, those governing the "take" of listed species).

15. The general permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the general permit.

16. The general permit does not relieve the permittee from liability and penalties when the permitted activity causes harm or injury to: human health or welfare; animal, plant or aquatic life; or property. It does not allow the permittee to cause pollution that violates state water quality standards.

17. Section 253.77, F.S., provides that a person may not commence any excavation, construction, or other activity involving the use of state-owned or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required consent, lease, easement, or other form of authorization authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on state-owned lands.

18. The authorization to conduct activities under a general permit may be modified, suspended or revoked in accordance with Chapter 120, F.S., and Section 373.429, F.S.

19. The general permit is not transferable to a new third party. To be used by a different permittee, a new notice to use a general permit must be submitted in accordance with Rule 62-330.402, F.A.C. Activities constructed in accordance with the terms and conditions of a general permit are automatically authorized to be operated and maintained by the permittee and subsequent owners in accordance with subsection 62- 330.340(1), F.A.C. Any person holding the general permit, persons working under the general permit, and owners of land while work is conducted under the general permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to sale, conveyance, or other transfer of ownership or control of the permitted project, activity, or the real property at which the permitted project or activity is located.

20. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the permitted system to ensure conformity with the plans and specifications approved by the general permit.

21. The permittee shall maintain any permitted project or activity in accordance with the plans submitted to the Agency and authorized in the general permit.

22. A permitee's right to conduct a specific activity under the general permit is authorized for a duration of five years.

23. 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 implemented and maintained immediately prior to, during, and after construction as needed to stabilize all disturbed areas, including other measures specified in the permit to prevent adverse impacts to the water resources and adjacent lands. Erosion and sediment control measures shall be installed and maintained 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 July 2013), incorporated by reference in subparagraph 62-330.050(9)(b)5.; the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual Tier I (Florida Department of Environmental Protection, Division of Environmental Assessment and Restoration, Tallahassee, Florida, October 2018), incorporated by reference in subparagraph 62-330.050(9)(b)5.; and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual Tier II (Florida Department of Environmental Protection, Division of Environmental Assessment and Restoration, Tallahassee, Florida, October 2018), incorporated by reference in subparagraph 62-330.050(9)(b)5., and available at https://www.fsesci.com/downloads/.

24. Unless otherwise specified in the general permit, temporary vehicular access within wetlands during construction shall be performed using vehicles generating minimum ground pressure to minimize rutting and other environmental impacts. Within forested wetlands, the permittee shall choose alignments that minimize the destruction of mature wetland trees to the greatest extent practicable. When needed to prevent rutting or soil compaction, access vehicles shall be operated on wooden, composite, metal, or other non-earthen construction mats. In all cases, access in wetlands shall comply with the following:

a. Access within forested wetlands shall not include the cutting or clearing of any native wetland tree having a diameter four inches or greater at breast height;

b. The maximum width of the construction access area shall be limited to 15 feet;

c. All mats shall be removed as soon as practicable after equipment has completed passage through, or work has been completed, at any location along the alignment of the project, but in no case longer than seven days after equipment has completed work or passage through that location; and

d. Areas disturbed for access shall be restored to natural grades immediately after the maintenance or repair is completed.

25. Barges or other work vessels used to conduct in-water activities shall be operated in a manner that prevents unauthorized dredging, water quality violations, and damage to submerged aquatic communities.

26. The construction, alteration, or use of the authorized project shall not adversely impede navigation or create a navigational hazard in the water body.

27. Except where specifically authorized in the general permit, activities must not:

a. Impound or obstruct existing water flow, cause adverse impacts to existing surface water storage and conveyance capabilities, or otherwise cause adverse water quantity or flooding impacts to receiving water and adjacent lands; or

b. Cause an adverse impact to the maintenance of surface or ground water levels or surface water flows established pursuant to Section 373.042, F.S., or a Works of the District established pursuant to Section 373.086, F.S.; or

28. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, stone tools, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the vicinity of the discovery.

The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance Review Section (DHR), at (850) 245-6333, as well as the appropriate permitting agency office. Project activities 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 proper authorities notified in accordance with Section 872.05, F.S.

29. The activity must be capable, based on generally accepted engineering and scientific principles, of being performed and of functioning as proposed, and must comply with any applicable District special basin and geographic area criteria.

30. The permittee shall comply with the following when performing work within waters accessible to federally- or state-listed aquatic species, such as manatees, marine turtles, smalltooth sawfish, and Gulf sturgeon:

a. All vessels associated with the project shall operate at “Idle Speed/No Wake” at all times while in the work area and where the draft of the vessels provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.

b. All deployed siltation or turbidity barriers shall be properly secured, monitored, and…

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated .