Okaloosa County BOCC — January 21, 2014 — G - FDEP Dredge & Fill Permit — reading text

Rick Scott Florida Department of = Governor Environmental Jennifer Carroll , . Lt. Governor Protection. 160 West Government Street, Suite 308 Pensacola, Florida 32502-5794 Herschel T. Vinyard, Jr. Secretary Permittee/Authorized Entity: Mr. Fred Tolbert Destin West Marina, LLC 1500 Miracle Strip Parkway SE Fort Walton Beach, FL. 32548 Destin West Marina, LLC Authorized Agent: Mr. Michael Dombrowski MRD Associates, Inc. 543 Harbor Boulevard, Suite 204 Destin, FL 32541 Consolidated Wetland Resource Permit State-owned Submerged Lands Authorization~Pending U.S. Army Corps of Engineers Authorization - Separate Corps Authorization Required Okaloosa County Permit No.: 46-0196257-003-DF Lease File No.: 460339001 Permit Issuance Date: April 25, 2011 Consolidated Wetland Resource Permit and Intent to Grant Sovereignty Submerged Lands Authorization Permittee: Mr. Fred Tolbert Destin West Marina, LLC ' Permit No: 46-0196257-003-DF PROJECT LOCATION The activities authorized by this Permit and sovereignty submerged lands authorization are located at 1322 to 1328 US Highway 98 East, in Fort Walton Beach, Florida, 32548, in Section 00, Township 24 S, Range 24 W, in Okaloosa County, at Lat/Long: 30°23°52.84”"N/86°35’ 11.87" W. AUTHORIZATIONS Project Description The permittee is authorized to build a new 29-slip private, multi-family docking structure, without sewage pumpout facilities, and without liveaboards, preempting 25,335 square feet of sovereignty submerged lands within the landward extent of Choctawhatchee Bay, Class III Waters, Prohibited for Shellfish Harvesting, in Okaloosa County. Authorized activities are depicted on the attached exhibits. The project described above may be conducted only in accordance with the terms, conditions and attachments contained in this permit. The issuance of this permit does not infer, nor guarantee, nor imply that future permits or modifications will be granted by the Department. This Wetland Resource Permit supersedes Wetland Resource Permit Number 46-0196257- 002-DF issued on March 03, 2006. Sovereignty Submerged Lands Authorization The activity is located on 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 Sections 253.002 Florida Statutes (E.8.), 253.77, Florida Statutes (F.S.) As staff to the Board of Trustees, the Department has determined that the activity qualifies for and requires a lease, as long as the work performed is located within the boundaries as described herein and is consistent with the terms and conditions herein. The final documents required to execute the lease will be sent to the Department’s Division of State Lands. 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 above until you receive a copy of the executed lease from the Department. Destin West Marina- PERMIT Permittee: Destin West Marina, LLC Permit No: 46-196257-003-DF Page 1 of 11 Federal Authorization - SO - A copy of this permit has been sent to the U.S. Army Corps of Engineers (USACE). The USACE may require a separate permit. Failure to obtain any required federal permits prior to construction could subject you to enforcement action by that agency. Coastal Zone Management This perniit also constitutes a finding of consistency with Florida’s Coastal Zorie Management Program, as required by Section 307 of the Coastal Management Act. Water Quality Certification This permit constitutes certification of compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341. Other Authorizations You are advised that authorizations or permits for this project may be required by other federal, state or local entities including but not limited to local governments and homeowner’s associations. This permit does not relieve you from the requirements to obtain all other required permits or authorizations. In addition, you are advised that your project may require additional authorizations or permits from the municipality/county in which the project is located. Please be sure to contact the local county building and environmental department to obtain these required authorizations. PERMIT /SOVEREIGNTY SUBMERGED LANDS CONDITIONS The activities described herein 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 commencing the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings. If you are utilizing a contractor, the contractor also should read and understand these conditions and drawings prior to commencing the authorized activities. Failure to comply with these conditions, including any mitigation requirements, shall constitute grounds for revocation of the Permit and appropriate enforcement action by the Department. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit/certification/authorization and sovereignty submerged lands authorization, as specifically described above. Destin West Marina~- PERMIT Permittee: Destin West Marina, LLC Permit No: 46-196257-003-DF Page 2 of 11 SPECIFIC CONDITIONS-PRIOR TO ‘CONSTRUCTION lL. The terms, conditions, and provisions of the required lease shall be met. Construction of this activity shall not commence on sovereignty submerged lands, title to which is held by the Board of Trustees of the Internal Improvement Trust. Fund, until all required lease documents have been executed to the satisfaction of the Department. If the approved permit drawings and/or narrative conflict with the specific conditions, then thé specific conditions shall prevail. At least 48 hours prior to commencement of work authorized by this permit, the permittee shall notify the Department of Environmental Protection, Submerged Lands & Environmental Resources Program, Compliance and Enforcement Section, Suite 202, Northwest District Office, 160 West Government Street, Pensacola, Florida 32502-5794, in writing. The Department telephone number for reporting problems, malfunctions or exceedances under this permit is (850) 595-8300 during normal working hours. SPECIFIC CONDITIONS —- GENERAL CONSTRUCTION ACTIVITIES 1. This permit shall be readily available at the project site to any duly authorized representative of the Department, the U.S. Army Corps of Engineers, or any empowered law enforcement officer. A copy of this permit and associated drawings shall be clearly posted and remain on site at all times during the activities. In addition to having the permit on site, the permittee is required to have a weather resistant sign, no smaller than 8 % inches by 11 inches, which states DEP Permit No. 46-0196257-003-DF. This sign must be posted in such a location that it can be clearly seen from the road. This sign shall be posted on site for the duration of the construction authorized by this permit. 2. If during the progress of this project 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, the permitted project should cease all activities involving subsurface disturbance in the immediate vicinity of such discoveries. The permittee, or other designee, shall contact the Florida Department of State, Division of Historical Resources, Review and Compliance Section at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Project activities should not resume without verbal and/or written authorization from the Division of Historical Resources. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Section Chapter 872.05, Florida Statutes. 3. This permit does not authorize the construction of any additional structures not illustrated on the permit drawings. 4. Substances in concentrations that injure, are chronically toxic to, or produce adverse physiological or behavioral response in humans, animals, or plants shall not be present. Destin West Marina~- PERMIT Permittee: Destin West Marina, LLC Permit No: 46-196257-003-DF Page 3 of 11 10. The work authorized by this permit shall not be conducted on any property, other than that owned by the permittee, without the prior written approval of that property owner. There shall be no storage or stockpiling of tools or materials (i-e., lumber, pilings, equipment) along the shoreline within the littoral zone or elsewhere within waters of the state. 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. All cleared vegetation, excess lumber, scrap wood, trash, garbage and any other type of construction debris shall be removed from waters of the state within 14 days of completion of the work authorized in this permit. 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 exceed 29 NTUs above background levels. The following measures shall be taken by the permittee whenever turbidity levels within waters of the State surrounding the project site, exceed 29 NTUs above background: 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, Suite 202, Northwest District Office, 160 West 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. SPECIFIC CONDITIONS —- DOCK CONSTRUCTION 1, All structural support pilings and mooring pilings shall be non-CCA leaching (such as but not limited to recycled plastic, concrete, greenheart, or wrapped with impermeable plastic or PVC sleeves in such a manner as to eliminate the leaching of deleterious substances from the pilings into the water column and sediments). Pile wrapping, if used, shall extend to one-foot below the substrate and one-foot above the mean high water line. No overboard discharges of trash, human or animal waste, including fish carcasses, or fuel shall occur at the dock. Destin West Marina- PERMIT Permittee: Destin West Marina, LLC Permit No: 46-196257-003-DF Page 4 of 11 3. Fish cleaning stations shall not be allowed on structures over the water unless sufficient measures ate in place (ie., signage, sink screens, waste receptacles, etc.) to ensure that overboard discharges of trash and/or animal waste do not occur at the dock. - Rope handrails shall be