Okaloosa County BOCC — May 19, 2015 — Longwood Park Shoreline Planting with highlights — reading text

RICK SCOTT FLORIDA DEPARTMENT OF GOVERNOR ENVIRONMENTAL PROTECTION CARLOS LOPEZ-CANTERA LT. GOVERNOR 160 W. GOVERNMENT STREET, SUITE 308 PENSACOLA, FLORIDA 32502-5740 HERSCHEL T. VINYARD JR. SECRETARY May 15, 2014 BY ELECTRONIC MAIL: mcdowel2@nwfsc.edu Alison McDowell 109 Greenway Trail Santa Rosa Beach, FL 32459 Project Name: Longwood Park Shoreline Restoration File No.: 49-326112-001-EE Okaloosa County Dear Ms. McDowell: On May 01, 2014, we received your request for verification of exemption to perform the following activities: Restore a shoreline through fortified plantings consisting of 3 evenly-spaced 4 inch Spartina alterniflora plants planted in biodegradable burlap bags containing site appropriate sand. The bags will be partially buried with approximately 2 inches of the bag remaining uncovered and above grade. The plantings will occur along 130 linear feet of shoreline in Longwood Park in Hand Cove, Choctawhatchee Bay, Class II Waters of the State-Prohibited Shellfish Harvesting Area at 4 Bay Street, Shalimar, FL, Section 31, Township 1 South, Range 23 West in Okaloosa County. Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal approval that may be necessary for work in wetlands or waters of the United States. Your project did not qualify for the federal review portion of this verification request. Additional authorization must be obtained prior to commencement of the proposed activity. This letter does not relieve you from the responsibility of obtaining other federal, state, or local authorizations that may be required for the activity. Please refer to the specific section(s) dealing with that portion of the review below for advice on how to proceed. 1. Regulatory Review – Verified Based on the information submitted, the Department has verified that the activity as proposed is exempt under Chapter 62-330.051(12)(e), Florida Administrative Code, from the need to obtain a regulatory permit under part IV of Chapter 373 of the Florida Statutes. www.dep.state.fl.us This exemption verification is based on the information you provided the Department and the statutes and rules in effect when the information was submitted. This verification will expire after one year, and will not be valid at any other time if site conditions materially change, the project design is modified, or the statutes or rules governing the exempt activity are amended. However, the activity may still be conducted without further notification to or verification from the Department after the one-year expiration of this verification, provided: 1) the project design does not change; 2) site conditions do not materially change; and 3) there are no changes to the statutes or rules governing the exempt activity. In the event you need to re-verify the exempt status for the activity after the one-year expiration of this verification, a new application and verification fee will be required. Any substantial modifications to the project design should be submitted to the Department for review, as changes may result in a permit being required. General Conditions for Exemptions The following apply when specified in an exemption in Rule 62-330.051, F.A.C.: 1. Activities shall not exceed a permitting threshold in section 1.2 of the applicable Volume II; 2. Construction, alteration, and operation shall not: a. Adversely impound or obstruct existing water flow, cause adverse impacts to existing surface water storage and conveyance capabilities, or otherwise cause adverse water quantity or flooding impacts to receiving water and adjacent lands; b. Cause an adverse impact to the minimum flows and levels established pursuant to Section 373.042, F.S. c. Cause adverse impacts to a Work of the District established pursuant to Section 373.086, F.S.; d. Adversely impede navigation or create a navigational hazard; e. Cause or contribute to a violation of state water quality standards. Turbidity, sedimentation, and erosion shall be controlled during and after construction to prevent violations of state water quality standards, including any antidegradation provisions of paragraphs 62-4.242(1)(a) and (b), subsections 62-4.242(2) and (3) and Rule 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters due to construction-related activities. Erosion and sediment control best management practices shall be installed and maintained in accordance with the guidelines and specifications described in the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation, June 2007), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-02530), and the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-02531). 3. When performed in waters accessible to federally- or state-listed aquatic species, such as manatees, marine turtles, smalltooth sawfish, and Gulf sturgeon, all in-water work shall comply with the following. File Name: Longwood Park Shoreline Restoration File No.: 46-0326112-001-EE Page 2 of 8  a. All vessels associated with the project shall operate at “Idle Speed/No Wake” at all times while in the work area and where the draft of the vessels provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. b. All deployed siltation or turbidity barriers shall be properly secured, monitored, and maintained to prevent entanglement or entrapment of listed species. c. All in-water activities, including vessel operation, must be shutdown if a listed species comes within 50 feet of the work area. Activities shall not resume until the animal(s) has moved beyond a 50-foot radius of the in-water work, or until 30 minutes elapses since the last sighting within 50 feet. Animals must not be herded away or harassed into leaving. All on-site project personnel are responsible for observing water-related activities for the presence of listed species. d. Any listed species that is killed or injured by work associated with activities performed shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1(888)404-3922 and ImperiledSpecies@myFWC.com. Copies of incorporated materials identified above may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. 2. Proprietary Review – Granted The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) and issues certain authorizations for the use of sovereign submerged lands. The Department has the authority to review activities on sovereign submerged lands under Chapters 253 and 258 of the Florida Statutes, and Chapters 18-20 and 18-21 of the Florida Administrative Code. The activity appears to be located on sovereign submerged lands owned by the Board of Trustees. The activity is not exempt from the need to obtain the applicable proprietary authorization. As staff to the Board of Trustees, the Department has reviewed the activity described above, and has determined that the activity qualifies for qualifies for a Letter of Consent under section 253.77, Florida Statutes, to construct and use the activity on the specified sovereign submerged lands, as long as the work performed is located within the boundaries as described herein 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. General Conditions for State-Owned Submerged Land Authorizations: (a) Authorizations are valid 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 shall File Name: Longwood Park Shoreline Restoration File No.: 46-0326112-001-EE Page 3 of 8 constitute a violation. Violation of the authorization shall result in suspension or revocation of the grantee’s use of the sovereignty submerged land unless cured to the satisfaction of the Board. (b) Authorizations convey no title to sovereignty submerged land or water column, nor do they constitute recognition or acknowledgment of any other person’s title to such land or water. (c) Authorizations may be modified, suspended or revoked in accordance with their terms or the remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18-14, F.A.C. (d) Structures or activities shall be constructed and used to avoid or minimize adverse impacts to sovereignty submerged lands and resources. (e) Construction, use, or operation of the structure or activity shall 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. (f) Structures or activities shall not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity shall be modified in accordance with the court’s decision. (g) Structures or activities shall not create a navigational hazard. (h) Structures shall be maintained in a functional condition and shall be repaired or removed if they become dilapidated to such an extent that they are no longer functional. This shall not be construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005, F.A.C., within one year, of a structure damaged in a discrete event such as a storm, flood, accident, or fire. (i) Structures or activities shall be constructed, operated, and maintained solely for water dependent purposes, or for non-water dependent activities authorized under Paragraph 18- 21.004(1)(f), F.A.C., or any other applicable law. 3. Federal Review - SPGP Approved Your proposed activity as outlined on your application and attached drawings qualifies for Federal authorization pursuant to the State Programmatic General Permit IV-R1, and a SEPARATE permit or authorization will not be required from the Corps. Please note that the Federal authorization expires on July 25, 2016. You, as permittee, are required to adhere to all General Conditions and Special conditions that may apply to your project." A copy of the SPGP IV-R1 with all