FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 160 W. GOVERNMENT STREET, SUITE 308 PENSACOLA, FLORIDA 32502-5740 RICK SCOTT GOVERNOR CARLOS LOPEZ-CANTERA LT. GOVERNOR CLIFFORD D. WILSON III INTERIM SECRETARY December 4, 2014 Bayou Chico Management, LLC Attn: Charles Higdon 104 Cypress Point East Pensacola, FL 32514 rickhigdon@cox.net Project Name: Bayou Chico Management, LLC File No.: 17-0266268-003-DF/M1, modification of File No.s: 17-0266268-001-DF and 17-0266268-002-DF/M1 Dear Mr. Higdon: Your request to modify this permit has been received and reviewed by Department staff. The modifications are to extend the permit expiration date by two years; eliminate all activities on or within the riparian rights area of Parcel ID number 000S009091004015 (northern parcel); and eliminate dredging, except at the old trestle bridge site. These modifications will result in a reduction of authorized slips from 63 slips to 47 slips, reduction of sovereignty submerged lands preempted area from 77,996 square feet to 45,246 square feet, and reduction of authorized dredging from 2,386 cubic yards to 908 cubic yards. The new permit expiration date shall be August 17, 2016. The original permit drawings shall be replaced with the attached drawings (Exhibit A). The above changes are not expected to adversely affect water quality and will not be contrary to the public interest provided the following permit conditions are amended/added to the permit as issued. Specific Condition 18 shall be amended to read: The spoil from the old railroad trestle shall be placed in a lined spoil cell, on property zoned industrial located on FDC Holdings, Inc. property. There shall be no return flow from the spoil cell into Bayou Chico. Once the spoil has dried sufficiently to be moved, the spoil material shall be trucked to a lined landfill. Specific Condition 24 shall be removed. Specific Conditions 25 and 26 shall be added:
25. There shall be at least 1 foot between the bottom of the vessels moored at the marina and the bottom of the waterbody at all times. 26. The Standard Manatee Conditions for In-Water Work (2011) (Exhibit B) shall be followed during construction activities and any subsequent maintenance or repair work at the facility. Since the proposed modification with the above permit conditions is not expected to result in any adverse environmental impact or water quality degradation, the permit is hereby modified as requested. By copy of this letter and the attached drawings, we are notifying all necessary parties of the modification(s). This letter of approval does not alter the Specific or General Conditions except as noted above, or monitoring requirements of the permit. This letter and accompanying drawings must be attached to the original permit. A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) in accordance with Section 120.57, Florida Statutes. The petition must contain the information set forth below and must be file (received) in the Office of General Counsel of the Department at 3900 Commonwealth Blvd., Tallahassee, Florida 32399-3000. Petitions filed by the permittee and the parties listed below must be filed within fourteen (14) days of receipt of this letter. Petitioner shall mail a copy of the petition to the permittee at the address indicated above at the time of filing. Failure to file a petition within this time period shall constitute a waiver of any right such person may have to request an administrative determination (hearing) under Section 120.57, F.S. The Petition shall contain the following information: (a) The name, address, and telephone number of each petitioner, the permittee's name and address, the Department Permit File Number and the county in which the project is proposed; (b) A statement of how and when each petitioner received notice of the Department's action or proposed action; (c) A statement of how each petitioner's substantial interests are affected by the Department s action; or proposed action; (d) A statement of the material facts disputed by petitioner, if any; (e) A statement of facts which petitioner contends warrant reversal or modification of the Department's action or 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 petitioner, stating precisely the action petitioner wants the Department to take with respect to the Department's action or proposed action. If a petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly, the Department's final action may be different from the position taken by it in this letter. Persons whose substantial interest will be affected by any decision of the Department with regard to the permit have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed (received) within fourteen (14) days of receipt of this notice in the Office of General Counsel at the above address of the Department. Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Section 120.57, F.S., and to participate as a party to this proceeding. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28-5.207, F.A.C. This notice constitutes final agency action unless a petition is filed in accordance with the above paragraphs or unless a request for extension of time in which to file a petition is filed with the time specified for filing a petition and conforms to Rule 62-103.070, F.A.C. Upon timely filing of a petition or a request for an extension of time this Notice will not be effective until further order of the Department. Any party to this letter has the right to seek judicial review of the order pursuant to Section 120.68, Florida Statutes, by filing a Notice of Appeal pursuant to Rule 9.110, Florida Statute of Appellate Procedure, with the Clerk of the Department in the Office of the General Counsel, MS 35, 3900 Commonwealth Blvd., Tallahassee, Florida 32399-3000; and by filing a copy with the appropriate District Court of Appeal. The Notice of Appeal must be filed within thirty (30) days from the date the Notice of Permit Modification is filed with the Clerk of the Department.
If you have any questions about this modification, please contact Heather Mason at the letterhead address, by phone at (850) 595-0608, or by email at Heather.Mason@dep.state.fl.us. Sincerely, For Emile D. Hamilton Director EDH:hm Attachments: Exhibit A Permit Drawings, (18 pages) Exhibit B Standard Manatee Conditions for In-Water Work (2011), (2 pages) cc: U.S. Army Corps of Engineers Escambia County Rayne Mattson, Edmisten & Associates, Inc. Agent (rayne@edmisten.com) CERTIFICATE OF SERVICE The undersigned hereby certifies that this modification, including all copies, were mailed/emailed before the close of business on, December 04, 2014 to the above listed persons. FILING AND ACKNOWLEDGMENT FILED, on this date, under 120.52(7), F.S., with the designated Department Clerk, receipt of which is hereby acknowledged. December 04, 2014 Clerk Date
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STANDARD MANATEE CONDITIONS FOR IN-WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-562-3909) for south Florida, and to FWC at ImperiledSpecies@myFWC.com f. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 ½ by 11" explaining the requirements for Idle Speed/No Wake and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above.
CAUTION: MANATEE HABITAT All project vessels IDLE SPEED / NO WAKE When a manatee is within 50 feet of work all in-water activities must SHUT DOWN Report any collision with or injury to a manatee: Wildlife Alert: 1-888-404-FWCC(3922) cell * FWC or #FWC