Final_Permit_FDEP_0361132-004.pdf

FLORIDA DEPARTMENT OF

Environmental Protection

Northwest District

160 W. Government Street, Suite 308 Pensacola, Florida 32502-5794

Ron DeSantis Governor

Alexis A. Lambert

Secretary

Permittee/Authorized Entity:

Escambia County Board of Commissioners, Applicant c/o Robert Turpin

221 Palafox Pl Pensacola, FL 32502 rkturpin@myescambia.com

PBBR Kayak Launch Escambia County

Authorized Agent:

Zacc James 3308 Gulf Beach Hwy

Pensacola, Florida 32507 zacc@wetlandsciences.com

Environmental Resource Permit State-owned Submerged Lands Authorization – Granted

U.S. Army Corps of Engineers Authorization –Not Included

Escambia County

Permit No.: 0361132-004-EI/17

Permit Issuance Date: June 19, 2025 Permit Construction Phase Expiration Date: June 19, 2030 mailto:rkturpin@myescambia.com mailto:zacc@wetlandsciences.com

Permittee: Robert Turpin Permit Expiration: June 19, 2030 Permit No: 0361132-004-EI/17

Consolidated Environmental Resource Permit and Sovereignty Submerged Lands Authorization

Permittee: Robert Turpin

PROJECT LOCATION

The activities authorized by this permit and sovereignty submerged lands authorization are located at 10808 Lillian Hwy Pensacola, Florida 32506, in Section 16, Township 2 South, Range 31 in Escambia County, at 30° 24' 30.3305"/87° 22' 26.7974".

PROJECT DESCRIPTION

The permittee is authorized to install a 4' x 20' gangway leading to a 16' x 20' kayak launch platform at the Perdido Bay Boat Ramp. The preempted area of the proposed kayak launch and gangway totals 388 square feet. A total of six (6) four-inch metal pilings will be used to hold the floating structure and gangway in place, within the landward extent of Perdido Bay, a Class III, Florida Waterbody. Authorized activities are depicted on the attached exhibits.

AUTHORIZATIONS

PBBR Kayak Launch 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 The activity is located on sovereignty submerged lands owned by the State of Florida. It therefore also requires authorization from the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), pursuant to Article X, Section 11 of the Florida Constitution, and Section 253.77, F.S., and Chapter 258, F.S. As staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) under Sections 253.002, F.S., the Department has determined that the activity qualifies for and requires a Letter of Consent, as long as the work performed is located within the boundaries as described and is consistent with the terms and conditions herein.

During the term of this Letter of Consent you shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code. If such interest is terminated or the Board of Trustees determines that such interest did not exist on the date of issuance of this Letter of Consent, this Letter of Consent may be terminated by the Board of Trustees at its sole option. If the Board of Trustees terminates this Letter of Consent, you agree not to assert a claim or defense against the Board of Trustees arising out of this Letter of Consent.

Federal Authorization Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization may be required from the Corps. You must apply separately to the Corps using the Application for Department of the Army Permit (ENG 4345) or alternative as allowed by Corps regulations. More information on Corps permitting may be found online in the Jacksonville District Regulatory Division Sourcebook:

(https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/).

Authority for review - an agreement with the USACOE entitled “Coordination Agreement Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection (or Duly Authorized Designee), State Programmatic General Permit”, Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act.

Coastal Zone Management Consistent 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 Granted This permit also constitutes a grant of 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. issuance of the individual or conceptual approval permit under this chapter shall constitute certification of compliance with water quality standards.

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/SOVEREIGNTY SUBMERGED LANDS CONDITIONS

The activities described must be conducted in accordance with:

• The Specific Conditions

• The General Conditions

• The Special Consent Conditions

• The General Conditions for Sovereignty Submerged Lands Authorization

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

• The term limits of this authorization https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/

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 and sovereignty submerged lands authorization, as described.

SPECIFIC CONDITIONS - PRIOR TO ANY CONSTRUCTION

1. Prior to the initiation of any work authorized by this permit, floating turbidity curtains shall be installed around the construction area and will remain in place until pilings have been installed and turbidity levels within the work area have returned to background levels prior to construction of the dock

2. Best management practices for erosion control shall be implemented prior to construction commencement and shall be maintained during construction to prevent siltation and turbid discharges in excess of State water quality standards pursuant to Rule 62-302, F.A.C.

Methods shall include, but are not limited to the use of staked hay bales, staked filter cloth, sodding, seeding, staged construction and the installation of turbidity screens around the immediate project site.

SPECIFIC CONDITIONS – CONSTRUCTION ACTIVITIES

3. All wetland areas or water bodies 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.

4. Any damage to wetlands outside of the authorized impact areas as a result of construction shall be immediately reported to the Department at (850)595-8300 and repaired by reestablishing the pre-construction elevations and replanting vegetation of the same species, size, and density as that in the adjacent areas. The restoration shall be completed within 30 days of completion of construction, and the Department shall be notified of its completion within that same 30-day period

5. The following measures shall be taken immediately by the permittee when turbidity levels within waters of the State surrounding the project site exceed 29 NTUs above background:

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

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

c. Notify the Department of Environmental Protection, Submerged Lands & Environmental Resources Program, Compliance and Enforcement Section, Northwest District Office, 160 W Government Street, Pensacola, Florida 32502- 5794, in writing or by telephone at (850)595-8300 within 24 hours of the time the violation is first detected

6. There shall be no stock piling of tools, materials, (i.e., lumber, pilings, riprap, and debris) within wetlands, along the shoreline within the littoral zone, or elsewhere within waters/waters of the state.

7. Construction equipment shall not be repaired or refueled in wetlands or elsewhere within waters of the state.

8. All cleared vegetation, excess lumber, scrap wood, trash, garbage and any other type of debris shall be removed from wetlands/waters of the state within 14 days of completion of the work authorized in this permit.

9. All watercraft associated with the construction of the permitted structure shall only operatewithin waters of sufficient depth to preclude bottom scouring and prop dredging.

10. This permit does not authorize the construction of additional structures not illustrated on the permit drawings. Examples of additional structures, which are not authorized by this permit include but are not limited to: walkways, doors, awnings, and decking around or under the bottom of the pile-supported structures. Storage of equipment, pesticides, herbicides, construction material, trash receptacles, or part of a septic tank system beneath the pile supported structure is prohibited.

SPECIFIC CONDITIONS - MANATEE

11. The Permittee shall install permanent manatee educational signs, which shall be maintained for the life of the facility, no later than 60 days after construction commencement. The number and types of signs, as well as the on-site locations shall be approved by the Florida Fish and Wildlife Conservation Commission (FWC) prior to installation. A proposal for FWC sign approval shall be submitted to ImperiledSpecies@myfwc.com in accordance with information provided at FWC’s website:

http://www.myfwc.com/wildlifehabitats/managed/manatee/education-formarinas/. Signs shall be replaced in accordance with FWC guidance by the Permittee if outdated, damaged or faded.

12. The Permittee shall implement a manatee educational plan, which shall be maintained for the life of the facility, no later than 60 days after construction commencement. This educational plan must be approved by the Florida Fish and Wildlife Conservation Commission (FWC) prior to implementation. FWC can be contacted at ImperiledSpecies@myfwc.com. The plan shall include, but not limited to, permanent manatee educational signs and educational brochures which must be available to patrons within a centralized location. A proposal for an educational plan shall be submitted to ImperiledSpecies@myfwc.com in accordance with information provided at FWC’s website:

http://www.myfwc.com/wildlifehabitats/managed/manatee/education-formarinas/. Signs, brochures or other materials shall be replaced in accordance with FWC guidance by the Permittee if outdated, damaged or faded.

http://www.myfwc.com/wildlifehabitats/managed/manatee/education-formarinas/ http://www.myfwc.com/wildlifehabitats/managed/manatee/education-formarinas/

SPECIFIC CONDITIONS - OTHER LISTED SPECIES

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

14. If new information (e.g. listing of new species, new critical habitat, etc.) shows that the magnitude of impacts to federally listed species has the potential for adverse effects, the U.S.

Fish and Wildlife Service (USFWS) will notify the Department. The Department will initiate coordination with the permittee and with the USFWS to determine what adverse impacts are likely and if additional minimization measures, reporting, or monitoring are required in order to be consistent with the Endangered Species Act, as deemed necessary by USFWS.

15. The Permittee shall report any injured, sick, or dead federally or state listed animal(s) discovered onsite to the Florida Fish and Wildlife Conservation Commission Wildlife Alert number at 888-404-FWCC (3922).

SPECIFIC CONDITIONS – OPERATION AND MAINTENANCE ACTIVITIES

16. . Overboard discharges of trash, human or animal waste, or fuel shall not occur at the dock.

17. There shall be a minimum 12-inch clearance between the deepest draft of the vessel (with the motor in the down position) and the top of submerged resources or the bottom of the waterbody at mean low so as to preclude scouring or prop dredging.

18. The installation of any regulatory or informational signs will require a Florida Uniform Waterway Marker Permit from FWC’s Boating and Waterways Section (Specifically the Waterway Management Unit) to ensure compliance with Chapter 68D-23, Florida Administrative Code, and Section 327.40, F.S. All waterway signs must be permitted and approved through the FWC Boating and Waterways Section, which can be contacted at Waterway.Management@MyFWC.com or (850) 488-5600

GENERAL CONDITIONS FOR INDIVIDUAL PERMITS

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

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.

mailto:FWCConservationPlanningServices@MyFWC.com mailto:Waterway.Management@MyFWC.com

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

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

4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), “Construction Commencement Notice,” (October 1, 2013), (http://www.flrules.org/Gateway/reference.asp?No=Ref-02505), incorporated by reference herein, 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., and shall be submitted electronically or by mail to the Agency. However, for activities involving more than one acre of construction that also require a NPDES stormwater construction general permit, submittal of the Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities, DEP Form 62-621.300(4)(b), shall also serve as notice of commencement of construction under this chapter and, in such a case, submittal of Form 62- 330.350(1) is not required.

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 Operation 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.

http://www.flrules.org/Gateway/reference.asp?No=Ref-02505

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

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 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 the proper authorities notified in accordance with section 872.05, F.S. For project activities subject to prior consultation with the DHR and as an alternative to the above requirements, the permittee may follow procedures for unanticipated discoveries as set forth within a cultural resources assessment survey determined complete and sufficient by DHR and included as a specific permit condition herein.

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

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

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

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

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

SPECIAL CONSENT CONDITIONS

1. The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty submerged lands or the applicant’s use and construction of structures on sovereignty submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization.

2. Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of Trustees of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure to enforce or a waiver prevent the Board of Trustees from enforcing the unenforced or waived provision in the event of a violation of that provision.

3. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty

(30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization.

4. All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the authorization. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before the change becomes effective.

5. This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant that prohibits the activity.

GENERAL CONDITIONS FOR SOVEREIGNTY SUBMERGED LANDS

AUTHORIZATION

Any use of sovereignty submerged lands is subject to the following general conditions are binding upon the applicant and are enforceable under Chapter 253, F.S. and Chapter 258, F.S.

1. Sovereignty submerged lands may be used only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use will constitute a violation. Violation of the authorization will result in suspension or revocation of the applicant’s use of the sovereignty submerged lands unless cured to the satisfaction of the Board of Trustees.

2. Authorization under Rule 18-21.005, F.A.C., conveys no title to sovereignty submerged lands or water column, nor does it constitute recognition or acknowledgment of any other person’s title to such land or water.

3. Authorizations under Rule 18-21.005, F.A.C., may be modified, suspended or revoked in accordance with its terms or the remedies provided in Sections 253.04, F.S. and Chapter 18-14, F.A.C.

4. Structures or activities will be constructed and used to avoid or minimize adverse impacts to resources.

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

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

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

8. Activities shall not interfere with the public easement for traditional uses of the sandy beaches provided in section 161.141, F.S.

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

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

11. The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty submerged lands or the applicant’s use and construction of structures on sovereignty submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization.

12. Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of Trustees of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure to enforce or a waiver prevent the Board of

Trustees from enforcing the unenforced or waived provision in the event of a violation of that provision.

13. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty

(30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization.

14. All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the authorization. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before the change becomes effective.

15. This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant that prohibits the activity.

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 Rules 28-106.201 and 28-106.301, 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 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 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, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. 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 Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 14 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 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. You cannot justifiably rely on the finality of this decision unless notice of this decision and the right of substantially affected persons to challenge this decision has been duly published or otherwise provided to all persons substantially affected by the decision. While you are not required to publish notice of this action, you may elect to do so pursuant Rule 62- 110.106(10)(a).

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. If you do not publish notice of this action, this waiver will not apply to persons who have not received written notice of this action.

Extension of Time Under Rule 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, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the 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.

mailto:Agency_Clerk@dep.state.fl.us 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 mailto:Agency_Clerk@dep.state.fl.us

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.

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 Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, 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 must be filed within 30 days from the date this action is filed with the Clerk of the Department.

EXECUTION AND CLERKING

Executed in (Pensacola), Florida.

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

Kimberly R. Allen Permitting Program Administrator

KRA:cb

Attachments:

Exhibit 1, Project Drawings and Design Specs.

Standard Manatee Construction Conditions 2011 Construction Commencement Notice/Form 62-330.350(1)

Copies furnished to:

Kimberly R. Allen, DEP, Kim.Allen@FloridaDEP.gov Russell Sullivan, DEP, Russell.Sullivan@FloridaDEP.gov Blake Chapman, DEP, Blake.A.Chapman@FloridaDEP.gov Chris Bickham, DEP, Chris.Bickham@FloridaDEP.gov FWC, Imperiled Species Management Section, Imperiled@MyFWC.com Escambia County, jtkirsche@myescambia.com, bdschneider@myescambia.com, trday@myescambia.com Robert Turpin, Escambia County Board of Trustees, rkturpin@myescambia.com Zacc James, Agent, zacc@wetlandsciences.com

CERTIFICATE OF SERVICE

s, were mailed before the close of business on June 19, 2025, to the above listed persons.

FILING AND ACKNOWLEDGMENT

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

____________________ June 19, 2025 Clerk Date mailto:Kim.Allen@FloridaDEP.gov mailto:Russell.Sullivan@FloridaDEP.gov mailto:Blake.A.Chapman@FloridaDEP.gov mailto:Chris.Bickham@FloridaDEP.gov mailto:Imperiled@MyFWC.com mailto:jtkirsche@myescambia.com mailto:bdschneider@myescambia.com mailto:trday@myescambia.com mailto:rkturpin@myescambia.com mailto:zacc@wetlandsciences.com Welch_P PW signature

DRAWN BY: DATE:

SHEET:

PROJECT NO.:

PROJECT NAME:

PENSACOLA, FLORIDA 32507

CRAIG@WETLANDSCIENCES.COM

3308 GULF BEACH HIGHWAY

TEL: 850.453.4700

SUBJECT PROPERTY

PARCEL ID#

16-2S-31-4002-000-000

PROPERTY OWNER

Escambia County

Board of County Commissioners 221 Palafox Pl STE 420 Pensacola, FL 32502

PROJECT LOCATION

10808 Lillian Highway, Pensacola, FL 32507

LAT: 30.408287°

LONG: -87.374361°

INDEX OF SHEETS

SHEET NO. DESCRIPTION

1 SITE LOCATION MAP

2 EXISTING SITE CONDITIONS

3 OVERALL SITE PLAN

4 CLOSE UP PLAN VIEW

5 KAYAK LAUNCH PROFILE

Directions to the site from downtown Pensacola: Head north on S Spring Street. Turn left onto W Garden Street. In 1.5 miles continue onto W Navy Blvd. In 1.9 miles take a slight right onto Chief's Way. In .2 miles turn right onto N New Warrington Road. In .8 miles turn left onto W Jackson St. In 2.5 miles turn right onto N Fairfield Drive. In .3 miles turn left onto FL-298 W. In

3.6 miles the destination will be on your right with an address of 10808 Lillian Highway. Please call 850-453-4700 with any questions.

Perdido Bay Kayak Launch

SITE LOCATION MAP

2012-184

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SUBJECT PROPERTY

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ENVIRONMENTAL CONSULTANTS

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PROJECT NO.:

PROJECT NAME:

PENSACOLA, FLORIDA 32507

3308 GULF BEACH HIGHWAY

TEL: 850.453.4700

Perdido Bay Kayak Launch

Existing Site Conditions

2012-184

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Existing Dock Structure GPS Located

Permitted Location of Adjacent Structure

MHWL

Limits of Emergent Vegetation

Bayou Garcon

Existing Boat Ramp

Wetland Boundary

NOTE: Conceptual DraYing for EnXironmental Permit ReXieY Only. Not for Construction. All data Yithin this draYing are supplied as is, Yithout Yarranty. This product has not Deen prepared for legal, engineering, or surXey purposes. Users of this information should reXieY or consult the primary data sources to ascertain the usaDility of the information .

SAV Boundary Limits of Emergent Vegetation

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ENVIRONMENTAL CONSULTANTS

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A

DRAWN BY: DATE:

SHEET:

PROJECT NO.:

PROJECT NAME:

PENSACOLA, FLORIDA 32507

3308 GULF BEACH HIGHWAY

TEL: 850.453.4700

Perdido Bay Kayak Launch

Overall Site Plan

2012-184

ZMJ 9-26-2024

3 of 5KEITH@WETLANDSCIENCES.COM

Existing Dock Structure GPS Located

Permitted Location of Adjacent Structure

MHWL

Bayou Garcon

Existing Boat Ramp

Wetland Boundary

NOTE: Conceptual DraYing for Environmental Permit RevieY Only. Not for Construction. All data Yithin this draYing are supplied as is, Yithout Yarranty. This product has not Deen prepared for legal, engineering, or survey purposes. Users of this information should revieY or consult the primary data sources to ascertain the usaDility of the information .

Proposed Kayak Launch

Limits of Emergent Vegetation

SAV Boundary Limits of Emergent Vegetation

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ENVIRONMENTAL CONSULTANTS

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DRAWN BY: DATE:

SHEET:

PROJECT NO.:

PROJECT NAME:

PENSACOLA, FLORIDA 32507

3308 GULF BEACH HIGHWAY

TEL: 850.453.4700

Perdido Bay Kayak Launch

Overall Site Plan

2012-184

ZMJ 9-26-2024

3 of 5KEITH@WETLANDSCIENCES.COM

Existing Dock Structure GPS Located

Permitted Location of Adjacent Structure

MHWL

Bayou Garcon

Existing Boat Ramp

Wetland Boundary

NOTE: Conceptual DraYing for Environmental Permit RevieY Only. Not for Construction. All data Yithin this draYing are supplied as is, Yithout Yarranty. This product has not been prepared for legal, engineering, or survey purposes. Users of this information should revieY or consult the primary data sources to ascertain the usability of the information .

Proposed Kayak Launch

Limits of Emergent Vegetation

SAV Boundary Limits of Emergent Vegetation

Approximate Location of Weighted

Turbidity Curtain

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ENVIRONMENTAL CONSULTANTS

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PROJECT NO.:

PROJECT NAME:

PENSACOLA, FLORIDA 32507

3308 GULF BEACH HIGHWAY

TEL: 850.453.4700

Perdido Bay Kayak Launch

Profile

2012-184

ZMJ 11-1-2024

5 of 5KEITH@WETLANDSCIENCES.COM

NOTE: ConceRVual DraYinI for EnXironOenVal PerOiV ReXieY Only. NoV for ConUVrucVion. All daVa YiVhin VhiU draYinI are UuRRlied aU iU, YiVhouV YarranVy. ThiU RroducV haU noV Deen RreRared for leIal, enIineerinI, or UurXey RurRoUeU. UUerU of VhiU inforOaVion Uhould reXieY or conUulV Vhe RriOary daVa UourceU Vo aUcerVain Vhe uUaDiliVy of Vhe inforOaVion .

8.0' Existing Dock 20.0' Gangway

16.0' Floating Kayak Launch

MHWL

MLWL

3.

5'

2.

5'

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ENVIRONMENTAL CONSULTANTS

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CONSTRUCTION COMMENCEMENT NOTICE

Instructions: In accordance with Chapter 62-330.350(1)(d), F.A.C., complete and submit this form at least 48 hours prior to commencement of activity authorized by permit.

Permit No. Application No.

Project Name Phase

Construction of the system authorized by the above referenced Environmental Resource Permit and Application, is expected to commence on , 20 and will have an estimated completion date of , 20

PLEASE NOTE: If the actual construction commencement date is not known within 30 days of issuance of the permit, District staff should be so notified in writing. As soon as a construction commencement date is known, the permittee shall submit a completed construction commencement notice form.

Permittee’s or Authorized Agent’s Signature Company

Print Name Title Date

E-mail Phone Number

Form 62-330.350(1) Construction Commencement Notice Incorporated by reference in subsection 62-330.350(1), F.A.C. (October 1, 2013) Page 1 of 1