Okaloosa County BOCC — March 15, 2016 — Permit # 46-0326112-003-EL approved 021816 — reading text

Florida Department of Rick Scott Governor Environmental Protection Carlos Lopez-Cantera 160 W. Government Street, Suite 308 Lt. Governor Pensacola, Florida 32502-5740 Jonathan P. Steverson Secretary Permittee/Authorized Entity: Okaloosa County Board of County Commissioners c/o Amy Allen 302 N Wilson Street, Suite 302 Crestview, FL 32536, Okaloosa County, aallen@co.okaloosa.fl.us Longwood Park living shoreline Authorized Agent: Rachel Gwin 109 Greenway Trail Santa Rosa Beach, FL, 32459 gwinr@nwfsc.edu Environmental Resource Permit State-owned Submerged Lands Authorization – Granted U.S. Army Corps of Engineers Authorization – Separate Corps Authorization Required Okaloosa County Permit No.: 46-0326112-003-EI Permit Issuance Date: February 18, 2016 Permit Construction Phase Expiration Date: February 18, 2121 www.dep.state.fl.us  Consolidated Environmental Resource Permit and Sovereignty Submerged Lands Authorization Permittee: Okaloosa County BOCC Permit No: 46-0326112-003-EI PROJECT LOCATION The activities authorized by this permit and sovereignty submerged lands authorization are located at 4 Bay Street, Shalimar, Florida 32579, in Section 31, Township 01 South, Range 23 West, in Okaloosa County, at Latitude 30°27’20.40” North and Longitude 86°35’15.36” West. PROJECT DESCRIPTION The permittee is authorized to install a living shoreline along 130 feet of shoreline. The project includes the planting of Spartina alterniflora in 18-inch by 12-inch burlap sand bags filled with site-appropriate sand, extending 3-feet from the mean high water. The bags will be partially buried with approximately 2 inches of the bag remaining uncovered and above grade. Six 10- foot long coir logs will be installed along the waterward side of the burlap bags in 2-inch trenches. The proposed project is in Garnier Bayou, Class III Waters of the State, Prohibited for Shellfish Harvesting, associated with Choctawatchee Bay, at 4 Bay Street, Shalimar, FL 32579, Section 31, Township 01 South, Range 23 West, Okaloosa County, Latitude 30°27’20.40” North / Longitude 86°35’15.36” West. Authorized activities are depicted on the attached exhibits. AUTHORIZATIONS Longwood Park living shoreline Environmental Resource Permit The Department has determined that the activity qualifies for an Environmental Resource Permit. Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of Chapter 373, Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.). Sovereignty Submerged Lands Authorization The activity is located on sovereignty submerged lands owned by the State of Florida. It therefore also requires authorization from the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), pursuant to Article X, Section 11 of the Florida Constitution, and Section 253.77, F.S. As staff to the 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. Permittee: Okaloosa County BOCC Permit Expiration: February 18, 2021 Permit No: 46-0326112-003-EI Page 2 of 12 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 U.S. Army Corps of Engineers (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 at the Pensacola Regulatory office at (850)433-8160 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 Corps 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 SOVEREIGNTY SUBMERGED LANDS CONDITIONS The activities described must be conducted in accordance with: • The Specific Conditions • The General Conditions • The General Conditions for Sovereignty Submerged Lands Authorization • The limits, conditions and locations of work shown in the attached drawings • The term limits of this authorization 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, Permittee: Okaloosa County BOCC Permit Expiration: February 18, 2021 Permit No: 46-0326112-003-EI Page 3 of 12 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 X and sovereignty submerged lands authorization, as described. SPECIFIC CONDITIONS – PRIOR TO ANY CONSTRUCTION 1. The boundaries of the coir logs shall be marked using PVC pipes. 2. This permit does not authorize the construction of any additional structures not illustrated on the permit drawings. 3. There shall be no stock piling of tools, materials (i.e. lumber, pilings, riprap, and debris) within wetlands, along the shoreline within the littoral zone, or elsewhere within waters/waters of the state within 14 days of completion of work authorized by this permit. SPECIFIC CONDITIONS – CONSTRUCTION ACTIVITIES 4. If the approved permit drawings and/or narrative conflict with the specific conditions, then the specific conditions shall prevail. 5. Restoration/shoreline activities shall only occur at the locations identified on the enclosed drawings. 6. No fill other than the burlap bags and coir logs shall be added to submerged lands or to the littoral zone. 7. All burlap bags shall be filled with site-appropriate sand. 8. All wetland areas or water bodies which are adjacent to the specific limits of construction authorized by this permit shall be protected from erosion, sedimentation, siltation, scouring, excess turbidity, or dewatering. 9. Prior to the initiation of any work authorized by this permit, floating turbidity screens with weighted skirts shall be placed around the project area. 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 exceed 29 NTU’s above background levels. 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. 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. Permittee: Okaloosa County BOCC Permit Expiration: February 18, 2021 Permit No: 46-0326112-003-EI Page 4 of 12 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