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

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. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application. Petition for Administrative Hearing A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57, Florida Statutes. Pursuant to rule 28-106.201, Florida Administrative Code, a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency’s file or identification number, if known; (b) The name, address, any email address, any facsimile number, 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 at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Permittee: Okaloosa County BOCC Permit Expiration: February 18, 2021 Permit No: 46-0326112-003-EI Page 9 of 12 Time Period for Filing a Petition In accordance with rule 62-110.106(3), Florida Administrative Code, petitions for an administrative hearing by the applicant must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under section 120.60(3), Florida Statutes, must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. Under section 120.60(3), Florida Statutes, however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication. 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, Florida Statutes, 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, Florida Administrative Code. Extension of Time Under rule 62-110.106(4), Florida Administrative Code, 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, before the applicable 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 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. Permittee: Okaloosa County BOCC Permit Expiration: February 18, 2021 Permit No: 46-0326112-003-EI Page 10 of 12 Thank you for applying to the Submerged Lands and Environmental Resource Permit Program. If you have any questions regarding this matter, please contact Ryan Heffernan at the letterhead address, at (850)595-0568, or at Ryan.Heffernan@dep.state.fl.us. Executed in Escambia County, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION __________________________________ For Andrew Joslyn Permitting Program Administrator Attachments: Exhibit 1, Project Drawings and Design Specs., 5 pages Copies furnished to: Edward Sarfert, U.S. Army Corps of Engineers, Edward.P.Sarfert@usace.army.mil Steve Andrews, U.S. Army Corps of Engineers. Stephen.W.Andrews@usace.army.mil Mia Zarbo. U.S. Army Corps of Engineers, Maria.D.Zarbo@usace.army.mil Rachel Gwin, Agent, gwinr@nwfsc.edu File Permittee: Okaloosa County BOCC Permit Expiration: February 18, 2021 Permit No: 46-0326112-003-EI Page 11 of 12  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 February 18, 2016 ____________________________, 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. ____________________________________________ February 18, 2016 Clerk Date Permittee: Okaloosa County BOCC Permit Expiration: February 18, 2021 Permit No: 46-0326112-003-EI Page 12 of 12  Longwood Park shoreline restoration: Locator map Project area 1/5 46-0326112-003-EI Longwood Park Shoreline Restoration: Plan View, aerial photo w/o project area overlay NTS Project Hand site Cove 2/5 46-0326112-003-EI  Longwood Park Shoreline Restoration: Plan View, aerial photo NTS No existing seagrasses in project area Proposed Spartina alterniflora—planting area 130’ x 3’ Hand Cove Proposed coir logs 35’ protecting about half of the shoreline near the dead trees (6 10’ logs to protect 60 feet of shoreline) 3/5 46-0326112-003-EI N  Longwood Park Shoreline Restoration: Typical Plan view Each burlap sand bag is 18’ x 12”, and planted with NTS three 4 inch Spartina alterniflora Hand Cove Proposed Spartina Proposed coir logs alterniflora 3 ft. 3 ft.. 4/5 46-0326112-003-EI County-owned parcel N  Longwood Park Shoreline Restoration: Typical Profile NTS Most of the bag will be buried, with about 2 inches left above grade. Proposed coir logs will be installed in shallow trenches (about 2 inches deep) to help stabilize the logs. MHWL