Permit_No_0282642-004-EI46.pdf
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- Attached to
- Shore at Crystal Beach Park Expansion
- Solicitation number
- ITB PW 13-26
- Issued by
- Okaloosa County, Florida
About this file
This document package comprises two environmental permits issued by the Florida Department of Environmental Protection (FDEP) for the City of Destin's Shore at Crystal Beach Park expansion project located at 2966 Scenic Highway 98 in Destin, Florida. The project involves construction of parking lots, restroom facilities, public showers, boardwalks with ADA ramps, a geogrid beach access drive, and an underground stormwater management system on approximately 1.80 acres. The Environmental Resource Permit (No. 0282642-004-EI46) was issued on August 26, 2026, with a construction phase expiration date of August 26, 2031. The Coastal Construction Control Line Permit (No. OK000570) was issued on July 14, 2026, with an expiration date of July 14, 2029. The project includes two exfiltration trenches providing nutrient reduction efficiencies of 94.8% and 87.3% for total phosphorus and nitrogen. Authorized Agent Baskerville Donovan, Inc. represents the City of Destin in these permitting matters. Preconstruction conferences are required prior to commencement of construction activities and electrical installation of exterior lighting, with specific protocols mandated for marine turtle and shorebird protection during the established nesting seasons.
The permits establish comprehensive operational and maintenance requirements applicable to both the construction and operation phases. Quarterly inspections of sediment control sumps and annual jetting and vacuuming of underground retention chambers are mandated, with inspection documentation to be maintained by the City and submitted to FDEP within 30 days of any system failures or deviations. All fill material must consist of clean sand obtained from sources landward of the coastal construction control line, free of construction debris and contamination. Special conditions address marine turtle protection, including prohibitions on construction activity in marine turtle nesting habitat (May 1 through October 31), requirements for tinted glass with maximum transmittance of 45%, installation of marine turtle lighting educational signage, and coordination with the Florida Fish and Wildlife Conservation Commission. Shorebird protection measures include buffer zones of 300 feet from active nesting sites and daily monitoring during breeding season. The permittee is responsible for all costs associated with compliance, ongoing maintenance, restoration of disturbed areas, and obtaining all required federal, state, regional, and local authorizations.
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Text version
FFLORIDAA DEPARTMENTT OF
EEnvironmentall Protection
Northwest District 160 W. Government Street, Suite 308
Pensacola, Florida 32502-5740
RRonn DeSantis Governor
JJayy Collins
Lt. Governor
AAlexiss A.. Lambert Secretary
Permittee/Authorized Entity:
City of Destin c/o: Larry Jones, City Manager 4200 Indian Bayou Trl.
Destin, FL 32541 ljones@cityofdestin.com
Shore at Crystal Beach Park
Authorized Agent:
Baskerville Donovan, Inc.
c/o: Jeffrey Petermann, P.E.
1418 W 23rd St
Panama City, FL 32405 jpetermann@baskervilledonovan.com
Environmental Resource Permit State-owned Submerged Lands Authorization – Not Applicable
U.S. Army Corps of Engineers Authorization – Not Included
Okaloosa County Permit No.: 0282642-004-EI/46
Permit Issuance Date: August 26, 2026 Permit Construction Phase Expiration Date: August 26, 2031
Permittee: City of Destin Permit Expiration: August 26, 2031 Permit No: 0282642-004-EI/46
Environmental Resource Permit
Permittee: City of Destin Permit No: 0282642-004-EI/46
PROJECT LOCATION
The activities authorized by this permit are located at 2966 Scenic Highway 98 in Destin, Florida 32541 on an approximately 1.80-acre site and is part of a larger planned development. Parcel ID No. 00-2S-22-0590-0000-00CA, 00-2S-22-0584-0000-0010, 00-2S-22-0584-0000-0030 in Section 0, Township 2 South, Range 22
PROJECT DESCRIPTION
The application and plans for this project have been reviewed and the project qualifies for an ERP pursuant to Chapter 62-330, Florida Administrative Code. The permittee is authorized to construct a park that consists of parking lots, sidewalks, a restroom facility, utilities, and stormwater management system. The stormwater management system will include two (2) exfiltration trenches. The West Park Exfiltration Trench provides a nutrients reduction efficiency of 94.8% for Total Phosphorus and Total Nitrogen. The East Park Exfiltration Trench provides a nutrients reduction efficiency of 87.3% for Total Phosphorus and Total Nitrogen. Authorized activities are depicted on the attached exhibits.
AUTHORIZATIONS
Shore at Crystal Beach Park Environmental Resource Permit The Department has determined that the activity qualifies for an Environmental Resource Permit.
Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of Chapter 373, Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.).
Sovereignty Submerged Lands Authorization As staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), the Department has determined the activity is not on submerged lands owned by the State of Florida. Therefore, your project is not subject to the requirements of Chapter 253, F.S., or Rule 18-21 F.A.C.
Federal Authorization 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.
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 CONDITIONS
The activities described must be conducted in accordance with:
The Specific Conditions The General Conditions The limits, conditions and locations of work shown in the attached drawings The term limits of this authorization
You are advised to read and understand these conditions and drawings prior to beginning the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings herein. If you are using a contractor, the contractor also should read and understand these conditions and drawings prior to beginning any activity. Failure to comply with these conditions, including any mitigation requirements, shall be grounds for the Department to revoke the permit and authorization and to take appropriate enforcement action.
Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit as described.
SPECIFIC CONDITIONS – ADMINISTRATIVE/EMERGENCIES
1. The permittee shall be responsible for keeping records documenting that relevant permit conditions are met. This documentation shall include, at a minimum, the date of each inspection, the name and qualifications of the inspector, any maintenance actions taken, and a determination by the inspector as to whether the system is operating as intended. Inspection documentation must be readily available and shall be provided at the Department's request. Submittal of the inspection documentation to the Department is not required.
2. Within 30 days of any failure of a stormwater management system or deviation from the permit, a report shall be submitted to the Department on Form 62-330.311(1), Operation and Maintenance Inspection Certification, describing the remedial actions taken to resolve the failure of deviation. This report shall be signed and sealed by a registered professional.
3. 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.
4. 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.
SPECIFIC CONDITIONS – PRIOR TO ANY CONSTRUCTION
5. This permit does not authorize the construction of any additional structures not illustrated on the permit drawings.
6. Best management practices for erosion control shall be implemented prior to construction activities and maintained at all times during construction to prevent siltation and turbid discharges into adjacent wetlands. 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. Erosion control methods shall be implemented as described and shown in the attached permit drawings. The permittee shall be responsible for ensuring that erosion control devices/procedures are inspected and maintained daily during all stages of construction authorized by this permit until all areas that were disturbed during construction are sufficiently stabilized to prevent erosion, siltation, and turbid discharges.
SPECIFIC CONDITIONS – CONSTRUCTION ACTIVITIES
7. The construction phase expires at 11:59 p.m. on the date indicated on the cover page of this permit, unless an application for extension is received and approved pursuant to Rule 62-330.320, F.A.C. If construction of the stormwater management system authorized by this environmental resource permit has not been completed and continued use of the system formally transferred to the operating phase before the expiration date of the permit, or an authorized extension, then at least 60 days before such expiration date, the permittee shall apply for another individual stormwater permit, using the forms and accompanied by the fee required by rules in effect at that time.
8. Erosion controls shall remain in place until the filled area has sufficient vegetative coverage to ensure stability and prevent erosion into the surrounding wetlands or surface waters. Grass seed and mulch or sod shall be installed and maintained on all exposed slopes and disturbed soil areas within 48 hours of completing final grade, and at any other time as necessary, to prevent erosion, sedimentation, or turbid discharges into adjacent wetlands. A vegetative cover that stabilizes and prevents erosion of the fill material shall be established within 60 days of sodding or seeding.
Upon establishment of a substantial vegetative cover, all erosion control devices shall be removed.
9. All material used as fill shall be clean sand/fill dirt/shell material and shall not be contaminated with vegetation, garbage, trash, tires, hazardous waste, and deleterious materials.
10. The permittee shall be responsible for ensuring that erosion control devices/procedures are inspected and maintained daily during all phases of construction authorized by this permit until all areas that were disturbed during construction are sufficiently stabilized to prevent erosion, siltation, and turbid discharges.
11. If any construction de-watering is required which results in an offsite discharge of groundwater, the permittee and/or the contractor shall ensure that the requirements of pertinent portions of Chapter 62-621, F.A.C. are met. Please contact the FDEP Wastewater Department at 850-595-8300, for more information.
12. Construction equipment shall not be repaired or refueled in wetlands or elsewhere within waters of the state.
13. 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.
14. This permit does not authorize impacts to wetlands or surface waters. Any proposed impacts shall be reviewed and approved by the Department prior to commencement.
SPECIFIC CONDITIONS – OPERATION AND MAINTENANCE ACTIVITIES
15. The authorized stormwater management system shall be completed prior to or simultaneously with associated upland development.
16. Once project construction has been deemed complete, including the re-stabilization of all side slopes, embankments, and other disturbed areas, and before the transfer to the Operation and Maintenance phase, all obsolete erosion control materials shall be removed.
17. The permittee shall be responsible for keeping records documenting that relevant permit conditions are met. This documentation shall include, at a minimum, the date of each inspection, the name and qualifications of the inspector, any maintenance actions taken, and a determination by the inspector as to whether the system is operating as intended. Inspection documentation must be readily available and shall be provided at the Department’s request.
18. In addition to these conditions, the Permittee shall comply with all maintenance and inspection requirements prescribed in the Maintenance and Operation Plan developed by the registered professional who designed the system.
19. All structures authorized by this permit shall remain in operable condition and shall not be allowed to deteriorate or otherwise contribute to a water quality violation for the life of the facility. All stormwater structures identified by this permit shall be maintained in proper working order for the life of the facility.
20. On a quarterly frequency, each sediment control sump (or equivalent) and each clean-out shall be inspected on at least a quarterly basis. Permittee shall remove any deposited sediment or debris within the sump. Any clean-out that is damaged shall be repaired. If applicable, permittee shall verify that any grate on each sediment sump is in place. If applicable, inspect each overflow weir and baffle and confirm that it is free-flowing and clear of debris.
21. The stormwater management system shall be inspected by a registered professional or qualified registered inspector to evaluate whether the system is functioning as designed and permitted. Percolation performance should specifically be addressed. The registered professional or qualified registered inspector shall record his inspection on Form No. 62-330.311(1), Operation and Maintenance Inspection Certification. Within 30 days of their inspection, the registered professional or qualified registered inspection shall submit Form No. 62-330.311(1) along with, as applicable, Form No. 62-330.311(3) “Inspection Checklists”, updated operation and maintenance cost estimates, updated operation and maintenance plan, and any monitoring reports required by a specific permit condition. Inspections shall be made by the registered professional in accordance with this schedule:
a. On the first anniversary of the date of conversion to Operation and Maintenance Phase.
b. Every second year on the anniversary of conversion to Operation and Maintenance phase, after the first year of successful operation.
22. Within 30 days of any failure of a stormwater management system or deviation from the permit, a report shall be submitted to the Department 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.
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 Activities
Associated With a Private Single-Family Dwelling Unit” [Form 62-330.310(3)]; or
b. -Built Certification and Request for Conversion to Operational
Phase” [Form 62-330.310(1)].
c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form.
7. If the final operation and maintenance entity is a third party:
a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru
12.3.3 of Volume I) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located.
b. Within 30 days of submittal of the as- built certification, the permittee shall submit “Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity” [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form.
8. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes.
9. This permit does not:
a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.;
b. Convey to the permittee or create in the permittee any interest in real property;
c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or
d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee.
10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S.
Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed.
11. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit.
12. The permittee shall notify the Agency in writing:
a. Immediately if any previously submitted information is discovered to be inaccurate; and
b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase.
13. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit.
14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or
(800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S.
15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62- 330.201, F.A.C., provides otherwise.
16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards.
17. This permit is issued based on the applicant’s submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts.
18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property.
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.
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 a subsequent order of the Department. Because the administrative hearing process is designed to formulate final agency action, the subsequent order may modify or take a different position than this action.
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, and telephone number of the petitioner; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests are or will be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000, or via electronic correspondence at Agency_Clerk@FloridaDEP.gov. 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 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. 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 to 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@FloridaDEP.gov, 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.
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.
Thank you for applying to the Submerged Lands and Environmental Resource Permit Program.
If you have any questions regarding this matter, please contact Alyssa Tessier at the letterhead address, at (850)595-0685, or at Alyssa.Tessier@FloridaDEP.gov
EXECUTION AND CLERKING
Executed in Pensacola, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Kimberly R. Allen Permitting Program Administrator
KRA:at
Attachments:
Exhibit 1, Project Drawings and Design Specs., 23 pages Exhibit 2, Operation and Maintenance Plan, 2 pages
Copies of 62-330 forms may be obtained at: https://floridadep.gov/water/submerged-lands-environmental-resources-coordination/content/forms-environmental-resource
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this document and all attachments were sent on the filing date below to the following listed persons:
Kimberly R. Allen, FDEP, Kim.Allen@FloridaDEP.gov Russell Sullivan, FDEP, Russell.Sullivan@FloridaDEP.gov Una Cole, FDEP, Una.Cole@FloridaDEP.gov Alyssa Tessier, FDEP, Alyssa.Tessier@FloridaDEP.gov Savannah Cowen, P.E., FDEP, Savannah.Cowen@FloridaDEP.gov Dr. Larry Jones, City of Destin, ljones@cityofdestin.com Jeffrey Petermann, P.E., Donovan-Hill Group, Inc., jpetermann@dhgroup.inc Gabe MacAfee, Donovan-Hill Group, Inc., gmcafee@dhgroup.inc Luke Kimmel, Environmental Consultant, Donovan Hill Group Inc, lkimmel@dhgroup.inc Michelle Gartman, Okaloosa County, County Engineer, mgartman@myokaloosa.com Michael Burgess, Public Works Director, City of Destin, mburgess@cityofdestin.com Okaloosa County, mmartinez@myokaloosa.com, jautrey@myokaloosa.com, sbitterman@myokaloosa.com, propertyappraiser@okaloosapa.com, planning@cityofdestin.com
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, F.S., with the designated Department Clerk, receipt of which is hereby acknowledged.
August 26, 2026 Clerk Date
6"
6"
OPERATIONS & MAINTENANCE INSTRUCTIONS
FOR THE
CRYSTAL BEACH PARK
STORMWATER MANAGEMENT SYSTEM
I. GENERAL:
Stormwater Management Systems require periodic maintenance to ensure that the facilities function as designed.
II. FACILITY OPERATION
This facility is located within the MS4 limits of the City of Destin and was confirmed to fall under their responsibility by City Engineer Robert Tomasek, PE. Stormwater systems normally do not require any kind of operational tasks. Most systems function by the force of gravity. The facility for this site consists of two infiltration basins with appurtenant inlets and piping for stormwater runoff collection and conveyance. Based on the expected land use, it is possible that fats, oils, and greases (FOG) maybe collected by the stormwater system. These shall be trapped by the ADS baffle/”flamp” and cleaned during inspection as part of regular maintenance.
III. FACILITY COMPONENTS & MAINTENANCE
A full component list is included at the end of this O&M Plan. Facilities within this project which will require maintenance include the following:
1. Underground storm retention chambers
2. Inlets and piping systems
A. Underground Storm Detention Chambers
1. Inspection and Maintenance for all isolator plus rows
a. Remove cover from structure at upstream end of isolator row plus.
b. Using a flashlight, inspect down the isolator row plus for visual inspection of sediment levels.
i. Mirrors on poles and cameras may be used to avoid confined space entry.
ii. Follow all OSHA regulations for confined space entry into the manhole.
iii. Inspector to inspect for (FOG) buildup in the ADS baffle/”flamp”
c. If sediment buildup is at, or above 3”, cleanout the isolator row plus using the jetvac process.
i. Use a fixed culvert cleaning nozzle with rear facing spread of 45” or more.
ii. Apply multiple passes of the jetvac until backflush water is clean.
iii. Vacuum the structure sump as required to remove sediment.
d. Replace manhole lid and record observations and actions performed.
B. Inlets and Piping Systems
1. Regular Maintenance
a. Keep inlets and the surrounding drainage area clean and free of any trash and debris which may degrade the system.
b. Following rainfall events, inspect drainage structures and note any standing water inside structures which may indicate a blockage within the drainage system.
2. Restoration
a. When a blockage within the drainage system is apparent, inspect the pipes and structures by visual inspection, snaking or video camera, whichever is appropriate.
b. Remove any blockage using a pressure water system.
c. Remove all soil and debris from the bottom of inlets.
d. Repair failures in the drainage structures or pipe network. Depressed areas in the ground above the pipe network or adjacent to drainage structures may indicate possible failures in the drainage system.
IV. INSPECTION
A. Reporting
Regular inspection of the stormwater management system shall be performed by a registered professional as outlined in these instructions and required by the rules and permit governing the operation of the stormwater management facility. A report describing the results of inspections and certifying that the system is operating as designed and permitted, must be filed with the FDEP within 30 days after the inspection. In the event of a system failure, a report shall be submitted to the FDEP within 30 days of the failure. The results of all inspections shall be filed with the FDEP using Form “Operation and Maintenance Inspection Certification”.
B. Frequency
1. Underground Storm Retention Chambers: Inspect every 6 months for the first year of operation. Adjust the inspection interval based on previous observations of sediment accumulation and high-water elevation. Conduct jetting and vactoring annually or as often as inspection shows that maintenance is necessary.
2. Periodic replacements of the Stormtech Systems shall be conducted every 5 to 10 years, as required in ERP A.H. Vol II Section 5.1.1.
3. Other routine inspections shall be performed as required by table 12-1 in Section 12.5 of the FDEP Applicant’s Handbook Volume I to ensure the proper operation of the stormwater management system and in accordance with the conditions of the stormwater permit. Underground retention systems are required to be inspected once every 2 years.
C. Periodic replacement of exfiltration systems may be required every five to ten years per Section 5.1.1 of the ERP A.H. Vol II and is considered routine maintenance.
PERMIT NUMBER: OK000570
PERMITTEE
City of Destin c/o Jeffrey C. Petermann, P. E.
Baskerville-Donovan, Inc.
1418 West 23rd Street, Suite 200 Panama City, Florida 32405
NOTICE TO PROCEED AND PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES
PURSUANT TO SECTION 161.053, FLORIDA STATUTES
FINDINGS OF FACT: An application for authorization to conduct the activities seaward of the coastal construction control line that are indicated in the project description, was filed by the applicant/permittee named herein on December 10, 2024 and was determined to be complete pursuant to rule on April 16, 2026. The proposed major structures are to be located landward of the 30-year erosion projection and landward of the existing line of construction established by major structures in the immediate area.
CONCLUSIONS OF LAW: After considering the merits of the proposal and any written objections from affected persons, the Department finds that upon compliance with the permit conditions, the activities indicated in the project description of this permit are of such a nature that they will result in no significant adverse impacts to the beach/dune areas or to adjacent properties; that the work is not expected to adversely impact nesting sea turtles, their hatchlings, or their habitat; that the work is expendable in nature and/or is appropriately designed in accordance with Section 62B-33.005, Florida Administrative Code. Based on the foregoing considerations, the Department approves the application; authorizes construction and/or activities at the location indicated below in strict accordance with the project description, the approved plans (if any) and the General Permit Conditions which are by this reference incorporated herein, and any additional conditions shown below, pursuant to Section 161.053(4), Florida Statutes.
EXPIRATION DATE: July 14, 2029
LOCATION: Between approximately 305 feet and 560 feet east of the Department of Environmental Protection's reference monument R-41, in Okaloosa County. Project address: 2942, 2966, and 2970 Scenic Highway 98, Destin.
PROJECT DESCRIPTION:
Restroom Facility
1. Location relative to control line: A maximum of 77.0 feet seaward.
2. Exterior dimensions: A maximum of 24.6 feet in the shore-normal direction by a maximum of 29.3 feet in the shore-parallel direction.
3. Type of foundation: Pile.
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Office of Resilience and Coastal Protection Coastal Construction Control Line Program 2600 Blair Stone Road - Mail Station 3522
Tallahassee, Florida 32399-2400
(850) 245-8570
PERMITTEE: City of Destin
West Asphalt Parking Lot
1. Location relative to control line: Approximately 57.0 feet seaward.
2. Exterior dimensions: Approximately 106.1 feet in the shore-normal direction by approximately 97.0 feet in the shore-parallel direction.
East Asphalt Parking Lot
1. Location relative to control line: Approximately 73.0 feet seaward.
2. Exterior dimensions: Approximately 121.8 feet in the shore-normal direction by approximately 45.0 feet in the shore-parallel direction.
Excavation/Fill
1. Total volume of excavation seaward of the control line: Approximately 232 cubic yards.
2. Location of excavation: Within the footprint of the proposed development to an approximate distance of 57 feet seaward of the control line.
3. Maximum depth of excavation: To foundation installation depths.
4. Volume of fill to be placed: Approximately 415 cubic yards.
5. Location of fill to be placed: Predominantly within the footprint of the proposed development to an approximate distance of 110 feet seaward of the control line.
Other Structures and Activities
1. A 6-foot-wide wooden dune walkover on the east parcel, as shown on the approved plans.
2. A geogrid emergency vehicle beach access drive on the west parcel, as shown on the approved plans.
3. Concrete sidewalks are to be located adjacent to the parking lots, as shown on the approved plans.
4. A wooden ramp and stairs are to be located landward of the existing covered pavilion on the west parcel, as shown on the approved plans.
5. Landscape plantings, to include native salt-tolerant vegetation.
6. Exterior lighting.
SPECIAL PERMIT CONDITIONS:
1. Prior to commencement of construction activity authorized by this permit, a preconstruction conference shall be held at the site among the contractor, the owner or authorized agent, and a staff representative of the Department to establish an understanding among the parties as to the items specified in the special and general conditions of the permit. The proposed locations of the structures shall be staked out for the conference. Contact Marina Foote at (850) 519-0954 or email at marina.foote@floridadep.gov to schedule a conference.
2. Prior to commencement of construction activity authorized by this permit, a temporary construction fence shall be erected along the perimeter of the permitted activity. The fence shall remain in place until the construction authorized by this permit is complete. The optimum siting of the construction fence shall be determined during the preconstruction conference by the staff representative so as to provide maximum protection to the existing native vegetation and dune features located on the site.
3. All sandy material excavated seaward of the control line shall be maintained on site seaward of the control line.
4. Any imported fill material shall be obtained from a source landward of the control line. All fill material
(both excavated from the site and imported) shall consist of sand which is similar to that already on the site in both grain size and coloration and shall meet the requirements of Rule 62B-33.005(7), F.A.C.
This fill material shall be free of construction debris, rocks, or other foreign matter. A sample of the sand shall be provided to the staff representative during the preconstruction conference.
5. Plantings shall conform to the approved planting plan. Removal of invasive plant species and landscape and dune enhancement plant installation shall not cause the removal of existing salt-tolerant native vegetation.
6. No construction, operation, transportation, or storage of equipment or materials is authorized during May 1 through October 31 on any part of the sandy beach or on or seaward of the frontal dune.
7. All activity shall be confined to daylight hours. No temporary lighting of the construction area is authorized at any time during the marine turtle nesting season.
8. All activities shall avoid marked marine turtle nests including those that may be on the beach before or after the marine turtle nesting season. Any impacts to nests that may have inadvertently occurred or if a marine turtle nest is exposed, or a dead, injured, or sick marine turtle is discovered, the Permittee shall ensure that the Marine Turtle Permit Holder be notified immediately such that appropriate conservation measures can be taken. Within 24 hours of any such occurrence, the Permittee shall submit a report detailing the incident (e.g., date, time, permit number, location, photos, contact information, incident and response descriptions) to the FWC at MarineTurtle@MyFWC.com.
9. All debris (including rocks, sandbags, construction materials, etc.) shall be removed and disposed of in a location landward of the Coastal Construction Control Line. All temporary disturbances in the sand (including, but not limited to, ruts, depressions, mounds, etc.) resulting from work activities shall be filled in and raked smooth after project completion.
10. The dune walkover shall be set at a minimum elevation for stringers and cross members to be installed without requiring excavation of existing dune topography. Width of the walkover deck shall not exceed 6 feet. Posts for the walkover structure shall not be greater than 6 inches wide or 6 inches in diameter, must be embedded a minimum of 5 feet and shall not be encased in concrete. The structure shall be designed to minimize debris generation from pickets and other non-structural members. Walkovers shall extend at least up to the existing line of vegetation but not farther than 10 feet seaward of the vegetation.
The optimum siting of the walkover structure shall be determined by the staff representative during the preconstruction conference to provide maximum protection to the existing dune topography and vegetation located on the site.
11. To reduce the risk of marine turtle entrapment, walkover structures shall have three (3) feet of vertical clearance beneath them and at least five (5) feet of horizontal clearance where they meet the beach. The vertical clearances include support bracing, as well as stairs and ramps. The horizontal clearances include between support pilings, and between stair blocking and pilings. Where these clearances cannot be met (such as under the stairs or ramp), blocking with appropriate materials shall be used to preclude marine turtle, including hatchling, access. The blocking material shall be buried a minimum of one foot into the sand and be properly secured to the bottom of the walkover and support posts. These clearances shall be maintained if the elevation of the beach rises or lowers after construction.
12. A preconstruction conference shall be held prior to the electrical rough-in for installation of exterior lights, and include the electrician or electrical contractor, the owner or authorized agent and staff representatives of the Department and the FWC. The permittee shall contact the FWC at MarineTurtle@MyFWC.com for scheduling the conference, providing at least five (5) business days advance notice prior to the conference. A copy of the permitted exterior lighting plan shall be made available on site for the meeting and shall remain on site for consultation during the electrical installation. Requests to modify the permitted exterior lighting plan will not be approved during or after the preconstruction meeting except as specified in the special conditions of this permit. Provisions shall be made for FWC staff to attend virtually or by phone. If the electrician or electrical contractor responsible for the installation of exterior lights is not available for the initial preconstruction conference, a construction conference shall be held at the site among the parties identified above prior to commencement of construction for any exterior lighting authorized by this permit.
13. All permanent exterior lighting shall be installed and maintained as depicted on the Department approved lighting drawings, tables and cut sheets additionally stamped by FWC staff, signed, and dated November 12, 2025. No substitutions, alterations, or modifications to the approved lighting plan are allowed. Additional exterior lighting (permanent or temporary, including, but not limited to, construction, special event lighting, etc.) is prohibited on any structure or in the landscape of the project area unless otherwise authorized in an approved lighting plan. If during construction, an approved fixture or lamp needs to be changed to a different type, manufacturer or catalog number for any reason, or if the location of any approved fixture needs to be changed, it shall be submitted for review and approval by the Department prior to installation. There may be a decrease in the wattage of an approved lamp and/or a decrease in the total number of each approved fixture without submitting a modified lighting plan for review and approval.
14. The permit holder shall arrange for a site inspection by Department and FWC staff within thirty (30) days of the completion of all construction activities, including the installation of all exterior lights, by sending notification to MarineTurtle@MyFWC.com. The permit holder agrees to allow access to the site for the FWC representatives to conduct day and nighttime exterior light site inspections upon 48-hour notice of the intent to inspect. If any of the lights become visible from the nesting beach at any time during the duration of this permit, they may be required to be modified.
15. Within thirty (30) business days after FWC has verified to the Department and the permittee that lighting is installed as indicated on approved plans and is not visible from the nesting beach, the permittee shall install marine turtle lighting educational sign(s) at each permitted major coastal structure with an approved lighting plan for exterior lights. A copy of the Department and the FWC approved sign can be obtained at https://myfwc.com/media/18008/seaturtle_lightingsign.jpg. The sign(s) must be a minimum size of 11 inches by 14 inches and made of durable weatherproof material. The sign(s) must be located near or on each permitted major structure, in centralized areas of high foot traffic visible to most occupants or guests, and should be replaced if they become faded, damaged, or outdated.
16. In accordance with F.A.C. 62B-33.0155(1)(n), the use of tinted glass or window film with a maximum transmittance value of 45% or less must be used for all non-opaque doors, windows, walls, balconies, deck railings, and windows visible from the any point on the beach, including seaward and lateral sides of the structure.
17. Permittee shall submit compliance reports as specified in Special and General Permit Conditions of this permit. General Permit Condition 1(r) pertains to a written report which must be submitted to the Department of Environmental Protection at a specified time. The form for the report: 1(r) Final Certification (DEP Form 73-115B) is available at the website: https://floridadep.gov/rcp/coastal-construction-control-line/content/coastal-construction-control-line-cccl-forms. The form may be submitted electronically to the CCCL mailbox at CCCL@dep.state.fl.us. The final certification report (DEP Form No.
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