ITB-PW-41-26_FDEP_Permit.pdf

Florida Department of

Environmental Protection

Northwest District

160 W. Government Street, Suite 308

Pensacola, Florida 32502-5740

Rick Scott Governor

Carlos Lopez-Cantera

Lt. Governor

Ryan E. Matthews

Interim Secretary www.dep.state.fl.us

Permittee/Authorized Entity:

Okaloosa County Board of County Commissioners c/o John Hofstad – County Administrator

1540 Miracle Strip Parkway, SE

Fort Walton Beach, Florida 32548, Okaloosa County jtrifilio@co.okaloosa.fl.us

Okaloosa Baywalk Project

Authorized Agent:

Matthew Trammell

1221 Airport Road, Suite 210

Destin, Florida 32541 mtrammell@taylorengineering.com

Environmental Resource Permit

State-owned Submerged Lands Authorization – Granted Pending Document

Execution

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

Required

Okaloosa County

Permit No.: 0210188-004-EI/46

Lease File No.: 460033321

Permit Issuance Date: June 1, 2017

Permit Construction Phase Expiration Date: May 31, 2027 mailto:jtrifilio@co.okaloosa.fl.us mailto:mtrammell@taylorengineering.com

Permittee: Okaloosa County Board of County Commissioners

Permit No: 0210188-004-EI/46

Consolidated Environmental Resource Permit and Sovereignty Submerged

Lands Authorization

Permittee / Grantee: Okaloosa County Board of County Commissioners

PROJECT LOCATION

The activities authorized by this permit and sovereignty submerged lands authorization are located at 1275 Santa Rosa Boulevard, Fort Walton Beach, FL 32548, Parcel IDs 00-2S-24-

2185-0012-0180, 00-2S-24-2185-0018-0020, 00-2S-24-2185-0018-0000 in Section 00, Township 02 South, Range 24 West in Okaloosa County, at 30.400305 Degrees North Latitude,

86.592577 Degrees West Longitude.

PROJECT DESCRIPTION

The permittee is authorized to construct a network of elevated boardwalks across privately owned wetlands and uplands, a 22 slip public docking facility for daytime use with 520 linear feet of 12 foot wide transient mooring area, 590 linear feet of wave attenuation fence beneath the access pier of the marina, a floating kayak launching dock, access piers associated with an existing boat ramp, off-shore breakwater & oyster habitat structures, 1.03 acres of saltmarsh creation area with fill below MHWL, 0.24 acres of freshwater wetland enhancement and 0.58 acres of shoreline saltmarsh restoration & enhancement. The project is located within

Choctawhatchee Bay, a Class III Outstanding Florida Waterbody, Prohibited Shellfish

Harvesting Area. Those activities include the preemption 48,503 square feet of state-owned sovereignty submerged lands. Authorized activities are depicted on the attached exhibits.

To offset unavoidable impacts that will occur from these authorized activities, the permittee shall enhance 0.58 acres of existing shoreline saltmarsh area by removing exotic vegetation & planting of native species, enhance 0.24 acres of existing freshwater wetland area by removing exotic vegetation & planting native species and create 1.03 acres of living shoreline/saltmarsh area by planting native species.

In order to satisfy public interest requirements, the permittee is required to provide monofilament line recycling bins, educational signage regarding the dangers associated with fishing line & bird entanglement, and remove a derelict vessel from within the project area.

AUTHORIZATIONS

Okaloosa Baywalk Project

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(FS), and Chapter 62-330, Florida Administrative Code(FAC).

Sovereignty Submerged Lands Authorization

Breakwater/Riprap Structures, Shoreline Restoration and Stabilization

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 http://qpublic6.qpublic.net/fl_display_dw.php?county=fl_okaloosa&KEY=00-2S-24-2185-0012-0180 http://qpublic6.qpublic.net/fl_display_dw.php?county=fl_okaloosa&KEY=00-2S-24-2185-0012-0180 http://qpublic6.qpublic.net/fl_display_dw.php?county=fl_okaloosa&KEY=00-2S-24-2185-0018-0020 http://qpublic6.qpublic.net/fl_display_dw.php?county=fl_okaloosa&KEY=00-2S-24-2185-0018-0000

Trust Fund (Board of Trustees), pursuant to Article X, Section 11 of the Florida Constitution, and Section 253.77, 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.

Docking Facilities

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. As staff to the Board of Trustees, the Department has reviewed the activity described above, and has determined that the appropriate form of proprietary authorization is a lease. Based on the information submitted, we have begun processing your application to use sovereign submerged lands (BOT # 460033321). Please contact Wade

Dandridge at 850-595-0655 for additional information.

The final documents required to execute the lease will be sent to the permittee/lessee by the

Department’s Division of State Lands for execution. The Department intends to issue the lease, upon satisfactory execution of those documents, including payment of required fees and compliance with the conditions in the previously issued Consolidated Intent to Issue. You may not begin construction of the activities described until you receive a copy of the executed lease from the Department.

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 Shall be required from the Corps. A copy of your permit application has been forwarded to the Corps for their review. The Corps will issue their authorization directly to you or contact you if additional information is needed. If you have not heard from the

Corps within 30 days from the date your application was received at the local FDEP Office, contact the Corps for status and further information. Failure to obtain Corps authorization prior to construction could subject you to federal enforcement action by that agency.

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

Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal

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

Water Quality Certification

This permit also constitutes a water quality certification under Section 401 of the Clean Water

Act, 33 U.S.C. 1341.

Other Authorizations

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

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

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

PERMIT CONDITIONS

The activities described must be conducted in accordance with:

• The Specific Conditions

• The General Conditions

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

• The term limits of this authorization

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

Department to revoke the permit and authorization and to take appropriate enforcement action.

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

SPECIFIC CONDITIONS - PRIOR TO ANY CONSTRUCTION

1. All contractors involved in this permitted activity shall be provided copies of this permit in its entirety. A copy shall remain onsite at all times during the activities.

2. Prior to the initiation of any work authorized by this permit, floating turbidity screens with weighted skirts that extend to within 1 ft. of the bottom shall be placed around the active construction areas of the site. The screens shall be maintained and shall remain in place for the duration of the project construction to ensure that turbidity levels outside the construction area do not degrade the ambient water quality of Outstanding Florida Waters. The permittee shall be responsible for ensuring that turbidity control devices are inspected daily and maintained in good working order so that there are no violations of state water quality standards outside of the turbidity screens.

SPECIFIC CONDITIONS – ADMINISTRATIVE/EMERGENCIES

3. The following measures shall be taken by the permittee whenever turbidity levels within waters of the State surrounding the project site exceed the ambient water quality levels of the

Outstanding Florida Waters:

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

b. Modify the work procedures that were responsible for the violation, and install more turbidity containment devices and repair any 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.

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

5. For emergencies involving a serious threat to the public health, safety, welfare, or environment, the emergency telephone contact number is (800) 320-0519 (State Warning Point).

The Department telephone number for reporting nonthreatening problems or system malfunctions is (850) 595-0663, day or night.

6. The mailing address for submittal of forms for the “Construction Commencement Notice”, “As-Built Certification …”, “Request for Conversion of Stormwater Management Permit

Construction Phase to Operation and Maintenance Phase”, or other correspondence is FDEP, SLERP, 160 W. Government Street, Pensacola, Florida, 32502-0574.

SPECIFIC CONDITIONS – CONSTRUCTION ACTIVITIES

7. "Riprap" shall consist of unconsolidated boulders, rocks, or clean concrete rubble with no exposed reinforcing rods or similar protrusions. The riprap shall be free of sediment, debris and toxins or otherwise deleterious substances. Riprap shall have a diameter of at least 12 inches to 3 feet.

8. Dredging within waters of the State for the purpose of providing backfill is prohibited.

9. The boardwalk shall be elevated at least 2.5 feet above wetland grade.

10. If the approved permit drawings and/or narrative conflict with the specific conditions, then the specific conditions shall prevail.

11. All CCA-treated pilings associated with the permitted activity shall be wrapped with impermeable plastic or PVC sleeves with a minimum of 30 mil thickness. The sleeves shall be installed concurrently with the installation of the pilings, shall extend from at least 6 inches below the level of the substrate to at least 2 feet above the mean high water line. Pilings which have to be replaced during the life of the facility shall meet the requirements of this condition.

12. Best management practices for erosion control shall be implemented and maintained at all times 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, and mulching; staged construction; and the installation of turbidity screens around the immediate project site.

13. 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 of the state.

14. 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.

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

16. All watercraft associated with the construction of the permitted structure shall only operate within waters of sufficient depth so as to preclude bottom scouring and prop dredging.

17. Any damage to wetlands, seagrasses or the littoral zone outside of the authorized impact area 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.

18. This permit does not authorize the construction of any additional structures not illustrated on the permit drawings. Examples of additional structures include but are not limited to walkways, awnings, enclosed sides and covers over slip areas, finger piers, step-down stairs, storage closets and decking.

SPECIFIC CONDITIONS – PUBLIC INTEREST

19. Prior to opening the facility to the public, the permittee shall install educational displays informing the general public on the dangers associated with fishing line and bird entanglement.

The educational display shall be approved by the State of Florida Department of Environmental

Protection, Northwest District, Submerged Lands and Environmental Resources, 160 West

Government Street, Suite 308, Pensacola, FL 32502, (850-595-8300). The permittee shall maintain the display for the life of the facility and shall be required to replace the display in the event it becomes faded, damaged or outdated. The permittee shall ensure that the view of the display is not obstructed by vegetation or structures.

20. Prior to opening the facility to the public, the applicant shall remove the derelict vessel, as depicted on the project drawings, from within the project area.

21. Prior to opening the facility to the public, the applicant shall install monofilament recycling bins at the facility. The monofilament recycling bins will be maintained for the life of the facility.

22. The docking facility shall be for the sole use of the general public and government agencies.

Any fee charged for use of the approved facility shall be nominal and used exclusively for maintenance of the facility. Prior to any change in use of the approved facility to a revenue-generating/income-related activity as defined in Section 18-21.003(44), F.A.C., the grantee and/or successor will be required to obtain a submerged land lease modification and be assessed a fee for the use of the sovereignty submerged land. Failure to notify the Department could result in assessment of lease fees in arrears and an administrative fine.

SPECIFIC MANATEE CONDITIONS

23. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with, and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal

Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.

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

25. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers shall not impede manatee movement.

26. All on-site project personnel are responsible for observing water-related activities for the presence of manatees. All in-water operations, including vessels, shall be shutdown if a manatee comes within 50 feet of the operation. Activities shall not resume until every manatee has moved beyond the 50-foot radius of the project operation, or until 30 minutes has elapsed wherein a manatee has not reappeared within 50 feet of the operation. Animals shall not be herded away or harassed into leaving.

27. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and

Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-

3909) for south Florida.

28. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project.

Awareness signs that have already been approved for this use by the Florida Fish and Wildlife

Conservation Commission (FWC) must be used. One sign measuring at least 3 ft. by 4 ft. which reads Caution: Manatee Area must be posted. A second sign measuring at least 8 1/2" by 11" explaining the requirements for “Idle Speed/No Wake” and the shutdown of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. Please see the Florida Fish and Wildlife Conservation Commission website for information on how to obtain appropriate signs:

http://www.myfwc.com/docs/WildlifeHabitats/Manatee_EducationalSign.pdf http://www.myfwc.com/docs/WildlifeHabitats/Manatee_EducationalSign.pdf

SPECIFIC CONDITIONS FOR OTHER LISTED SPECIES

Marine Turtles

29. In order to minimize impacts to nearby marine turtle nesting beaches, all permanent exterior lighting fixtures associated with the development should minimize light contribution to urban sky glow which could be visible from the marine turtle nesting beach. Possible recommendations include use of full-cutoff (well shielded) fixtures that allow no emission of light above the horizontal plane of the fixture. FWC staff is available to assist in the selection of acceptable fixtures and lamps based on the FWC Approved Sea Turtle Lighting guidelines. FWC certified wildlife friendly lighting fixtures may be found at http://myfwc.com/wildlifehabitats/managed/sea-turtles/.

Migratory Bird Species

30. Construction activities should be conducted outside of the breeding season (generally March through August), if feasible. Clear the site only when ready to build, avoid leaving cleared areas with little to no activity for an extended amount of time, and monitor daily during the nesting season any cleared sites to ensure no active nests of ground nesting birds are present prior to the commencement of construction activities. If nesting is observed during the construction phase, we recommend contacting FWC staff to discuss necessary nest buffers and potential permitting alternatives. For additional information, please refer to FWC’s Florida Shorebird Alliance located at the following web address: http://www.flshorebirdalliance.org/.

SPECIFIC CONDITIONS – OPERATION AND MAINTENANCE ACTIVITIES

31. All vessels that moor, dock, or otherwise use the permitted docking facility shall be maintained in a fully operational condition.

32. Waterborne craft moored over sovereign submerged lands at the docking facility, on either a temporary or permanent basis, shall not extend beyond the limits of the sovereignty submerged land lease. The slip sizes shown on the attached permit drawings and on the survey to be attached to the sovereignty submerged land lease indicate a length over all (LOA) for the slips designated.

A permanent sign shall be installed within the slips to notify boat owners of boat size restrictions.

33. Temporary daytime mooring shall be allowed at the facility. Overnight mooring is strictly prohibited.

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

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

36. The slips shall not be occupied by liveaboards. A liveaboard is defined as a vessel docked at a facility and inhabited by a person or persons for any five (5) consecutive days or a total of ten

(10) days within any thirty (30) day period.

http://myfwc.com/wildlifehabitats/managed/sea-turtles/

37. The waterward corners of the docks shall be marked by a sufficient number of reflectors so as to be visible from the water at night by reflected light. The reflectors shall not be green or red in color.

38. The dock structures shall be inspected by the permittee at least once per year and shall be maintained in a functional condition for the life of the structures.

39. All future replacement pilings for navigational aids, support of the docking structures, and for boat mooring shall be non-CCA-leaching (recycled plastic, concrete, greenheart, or wrapped with impermeable or PVC sleeves).

40. After the project moves into an operational phase, state-listed seabirds and shorebirds could still potentially utilize the coastal scrub habitat to overwinter and nest in the vicinity of the proposed project. Minimization of species and habitat disturbance during nesting and overwintering is recommended. Such minimization measures may include avoidance of visitor foot traffic and discouraging access by cats and dogs to this habitat, which should decrease predation on shorebirds during nesting or overwintering. It is recommended to identify and post nesting areas, and to include appropriate signage to avoid nesting areas. Florida Fish and

Wildlife Conservation Commission (FWC) typically recommends avoiding nesting areas by a minimum distance of 300 feet. FWC staff also recommends providing informational material and educational signage about seabirds and shorebirds that may use the site. FWC staff is available to assist with planning to incorporate the information above and additional information about seabirds and shorebirds can be found on-line at http://myfwc.com/Shorebirds.

GENERAL CONDITIONS FOR INDIVIDUAL PERMITS

The following general conditions are binding on all individual permits issued under chapter 62-

330, F.A.C., except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate project-specific conditions.

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

2. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the

Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction.

3. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and

Reviewer Manual (Florida Department of Environmental Protection and Florida Department of

Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control

Inspector’s Manual (Florida Department of Environmental Protection, Nonpoint Source

Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project-specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit.

4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the

Agency a fully executed Form 62-330.350(1), “Construction Commencement Notice,” [October

1, 2013], which is incorporated by reference in paragraph 62-330.350(1)(d), F.A.C., indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. If available, an Agency website that fulfills this notification requirement may be used in lieu of the form.

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

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

a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex

‒ “Construction Completion and Inspection Certification for Activities Associated With a

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

b. For all other activities ‒ “As-Built Certification and Request for Conversion to Operational

Phase” [Form 62-330.310(1)].

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

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

a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru

12.3.3 of Volume I) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located.

b. Within 30 days of submittal of the as- built certification, the permittee shall submit

“Request for Transfer of Environmental Resource Permit to the Perpetual Operation

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

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

9. This permit does not:

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

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

file:///C:/Users/minick_a/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/IZVK7T5J/in

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

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

10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S.

Written authorization that requires formal execution by the Board of Trustees of the Internal

Improvement Trust Fund shall not be considered received until it has been fully executed.

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

12. The permittee shall notify the Agency in writing:

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

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

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

14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native

American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of

State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or

(800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S.

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

330.201, F.A.C., provides otherwise.

16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under

Chapter 62-330, F.A.C., or cause violations of state water quality standards.

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

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

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.

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. Structures will be maintained in a functional condition and will be repaired or removed if they become dilapidated to such an extent that they are no longer functional.

9. Structures or activities will be constructed, operated, and maintained solely for water dependent purposes.

10. 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.

11. 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.

12. 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.

13. 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.

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

Judicial Review

Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General

Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department.

Thank you for applying to the Submerged Lands and Environmental Resource Permit Program.

If you have any questions regarding this matter, please contact Wade Dandridge at the letterhead address, at 850-595-0655, or at Wade.Dandridge@dep.state.fl.us

Executed in Orlando, Florida. STATE OF FLORIDA DEPARTMENT

OF ENVIRONMENTAL PROTECTION

For Emile D. Hamilton

Director

EDH:wtd

Attachments:

Project Drawings and Design Specs., 28 pages

Copies furnished to:

Lea Crandall, DEP Office of General Counsel, lea.crandall@dep.state.fl.us

Kathy Griffin, DEP Division of State Lands, Kathy.griffin@dep.state.fl.us

Clif Payne, U.S. Army Corps of Engineers, lyal.c.payne@usace.army.mil

Okaloosa County, mmartinez@co.okaloosa.fl.us, jautrey@co.okaloosa.fl.us, sbitterman@co.okaloosa.fl.us, psmith@okaloosapa.com

Department of Community Affairs, Ray.Eubanks@deo.myflorida.com, DCPPermits@deo.myflorida.com

Christopher Ellis, Consultant, cellis@taylorengineering.com cinderella-rn@hotmail.com, malcolmmarkswan@gmail.com, CERTIFICATE OF SERVICE

The undersigned hereby certifies that this permit and authorization to use sovereignty submerged lands, including all copies, were mailed before the close of business on June 1, 2017, 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 1, 2017

Clerk Date mailto:Wade.Dandridge@dep.state.fl.us mailto:lea.crandall@dep.state.fl.us mailto:Kathy.griffin@dep.state.fl.us mailto:lyal.c.payne@usace.army.mil mailto:mmartinez@co.okaloosa.fl.us mailto:jautrey@co.okaloosa.fl.us mailto:sbitterman@co.okaloosa.fl.us mailto:psmith@okaloosapa.com mailto:Ray.Eubanks@deo.myflorida.com mailto:DCPPermits@deo.myflorida.com mailto:cellis@taylorengineering.com mailto:cinderella-rn@hotmail.com mailto:malcolmmarkswan@gmail.com

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