HomeMy WebLinkAbout2004 J&S Aviation RelocateSt. lohns River
Water Management District
Kirby B. Green III, Executive Director • David W. Fisk, Assistant Executive Director
4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • (386) 329-4500
REGULATION OF STORMWATER MANAGEMENT SYSTEMS
CHAPTER 40C-42, F.A.C.
PERMIT NO. 42-061-68172-7 DATE ISSUED: March 25, 2004
A PERMIT AUTHORIZING:
Construction of a Stormwater Management System with stormwater treatment by retention for J
& S Aviation Relocation, a 1.35 -acre project to be constructed as per plans received by the
District on March 5, 2004.
LOCATION:
Section(s): 6
Indian River County
City of Sebastian
1225 Main St
Sebastian, FL 32958
Township(s): 31S Range(s): 39E
This document shall serve as the formal permit for construction and operation of stormwater
management system in accordance with Chapter 40C-42, F.A.C., issued by the staff of the St.
Johns River Water Management District on March 25, 2004. This permit is subject to the
standard limiting conditions and other special conditions approved by the staff. These
conditions are enclosed.
This permit is a legal document and should be kept with your other important records. The
permit requires the submittal of an As -built certification and may require submittal of other
documents. All information provided in compliance with permit conditions should be submitted
to the District office from which the permit was issued. An As -built certification form is attached.
Complete this form within 30 days of completion of construction of the permitted system,
including all site work.
Upon receipt of the As -built certification, staff will inspect the project site. Once the project is
found to be in compliance with all permit requirements, the permit may be converted to its
operation phase and responsibility transferred to the operation and maintenance entity in
accordance with Chapter 40C-42.028, F.A.C.
Permit issuance does not relieve you from the responsibility for obtaining permits from any
federal, state, and/or local agencies asserting concurrent jurisdiction over this work. Please
note that if dewatering is to occur during any phase of construction or thereafter and the surface
GOVERNING BOARD
Duane Ottenstroer, CHAIRMAN Ometrias D. Long, VICE CHAIRMAN R. Clay Albright, sEcRErAw David G. Graham, MEASURER
JACKSONVILLE APOPKA OCALA JACKSONVILLE
W. Michael Branch John G. Sowinski William Kerr Ann Moore Susan N. Hughes
FERNANDINASEACH ORLANDO MELBOURNE BEACH BUNNELL JACKSONVILLE
.water pump(s), wells, or facilities are capable of withdrawing one million gallons of water per
day or more, or an average of 100,000 gallons per day or more over a year, and any discharge
is to be off-site, you must apply for and obtain a Consumptive Use Permit (40C-2) from the
District prior to starting the dewatering. Please contact the District if you need additional
information or application materials.
Permittee agrees to hold and save the St. Johns River Water Management District and its
successors harmless from any and all damages, claims, or liabilities which may arise from
permit issuance. Said application, including all plans and specifications attached thereto, is by
reference made a part thereof.
This permit does not convey to Permittee any property rights nor any rights or privileges other
than those specified herein, nor relieve the Permittee from complying with any law, regulation or
requirement affecting the rights of other bodies or agencies. All structures and works installed
by Permittee hereunder shall remain the property of the Permittee.
This permit may be revoked, modified, or transferred at any time pursuant to the appropriate
provisions of Chapter 373, Florida Statutes.
In the event you sell your property, the permit will be transferred to the new owner, if we are
notified by you within thirty days of the sale. Please assist us in this matter so as to maintain a
valid permit for the new property owner.
Thank you for your cooperation, and if this office can be of any further assistance to you, please
do not hesitate to contact us.
Fariborz Zanganeh, Supervising Prof Engineer - Palm Bay
Department of Water Resources
Enclosures: As -built Certification Form
Exhibit A
cc: District Permit File
Agent: The LPA Group Incorporated
12000 Research Pkwy, Ste 152
Orlando, FL 32820
"EXHIBIT A"
CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 42-061-68172-7
CITY OF SEBASTIAN
DATED MARCH 25, 2004
1. This permit for construction will expire five years from the date of issuance unless
otherwise specified by a special condition of the permit.
2. Permittee must obtain a permit from the District prior to beginning construction of
subsequent phases or any other work associated with this project not specifically
authorized by this permit.
3. Before any offsite discharge from the stormwater management system occurs, the
retention and detention storage must be excavated to rough grade prior to building
construction or placement of impervious surface within the area served by those
systems. Adequate measures must be taken to prevent siltation of these treatment
systems and control structures during construction or siltation must be removed prior to
final grading and stabilization.
4. The permittee must maintain a copy of this permit complete with all conditions,
attachments, exhibits, and permit modification in good condition at the construction site.
The complete permit must be available for review upon request by District
representatives. The permittee shall require the contractor to review the complete
permit prior to commencement of the activity authorized by this permit.
5. All activities shall be implemented as set forth in the plans, specifications and
performance criteria as approved by this permit. Any deviation from the permitted
activity and the conditions for undertaking that activity shall be considered a violation of
this permit.
6. District authorized staff, upon proper identification, must be granted permission to enter,
inspect and observe the system to insure conformity with the plans and specifications
approved by the permit.
7. Prior to and during construction, the permittee shall implement and maintain all erosion
and sediment control measures (best management practices) required to retain
sediment on-site and to prevent violations of state water quality standards. All practices
must be in accordance with the guidelines and specifications in chapter 6 of the Florida
Land Development Manual: A Guide to Sound Land and Water Management (Florida
Department of Environmental Regulation 1988), which are hereby incorporated by
reference, unless a project specific erosion and sediment control plan is approved as
part of the permit, in which case the practices must be in accordance with the plan. If
site specific conditions require additional measures during any phase of construction or
operation to prevent erosion or control sediment, beyond those specified in the erosion
and sediment control plan, the permittee shall implement additional best management
practices as necessary, in accordance with the specification in chapter 6 of the Florida
Land Development Manual: A guide to Sound Land and Water Management (Florida
Department of Environmental Regulation 1988). The permittee shall correct any erosion
or shoaling that causes adverse impacts to the water resources.
8. If the permitted system was designed by a registered professional, within 30 days after
completion of the stormwater system, the permittee must submit to the District the
following: District Form No. 40C-1.181(13) (As built Certification By a Registered
Professional), signed and sealed by an appropriated professional registered in the State
of Florida, and two (2) sets of "As Built" drawings when a) required by a special
condition of this permit, b) the professional uses "As Built" drawings to support the As
Built Certification, or c) when the completed system substantially differs from permitted
plans. This submittal will serve to notify the District staff that the system is ready for
inspection and approval.
9. If the permitted system was not designed by a registered professional, within 30 days
after completion of the stormwater system, the permittee must submit to the District the
following: District Form No. 40C-1.181(14) (As built Certification), signed by the
permittee and two (2) sets of "As Built" drawings when required by a special condition of
this permit, or when the completed system substantially differs from permitted plans.
This submittal will serve to notify the District staff that the system is ready for inspection
and approval.
10. Stabilization measures shall be initiated for erosion and sediment control on disturbed
areas as soon as practicable in portions of the site where construction activities have
temporarily or permanently ceased, but in no case more than seven (7) days before the
construction activity in that portion of the site has temporarily or permanently ceased.
11. Should any other regulatory agency require changes to the permitted system, the
permittee shall provide written notification to the District of the Changes prior to
implementation so that a determination can be made whether a permit modification is
required.
12. Within thirty (30) days after sale or conveyance of the permitted stormwater
management system or the real property on which the system is located, the owner in
whose name the permit was granted shall notify the District of such change of
ownership. Transfer of the permit shall be in accordance with the provisions of section
40C-612, F.A.C. All terms and conditions of this permit shall be binding upon the
transferee. The permittee transferring the permit shall remain liable for any corrective
actions that may be required as a result of any permit violations prior to such sale,
conveyance or other transfer.
13. The stormwater management system must be completed in accordance with the
permitted plans and permit conditions prior to the initiation of the permitted use of site
infrastructure. The system must be completed in accordance with the permitted plans
and permit conditions prior to transfer of responsibility for operation and maintenance of
the stormwater management system to a local government or other responsible entity.
14. The operation phase of the permit shall not become effective until the requirements of
Condition No. 8 or 9 have been met, the district determines that the system complies
with the permitted plans, and the entity approved by the District in accordance with
section 40C-42.027, F.A.C., accepts responsibility for operation and maintenance of the
system. The permit cannot be transferred to such an approved, responsible operation
and maintenance entity until the requirements of section 40C-42.028, F.A.C., are met,
and the operation phase of the permit becomes effective. Following inspection and
approval of the permitted system by the District in accordance with section 40C-42.028,
F.A.C., the permittee shall request transfer of the permit to the responsible approved
operation and maintenance entity, if different from the permittee. Until the permit is
transferred pursuant to subsection 40C-42.028 (4) F.A.C., the permittee shall be liable
for compliance with the terms of the permit.
15. Prior to lot or unit sales, or upon completion of construction of the system, whichever
occurs first, the District must receive the final operation and maintenance document(s)
approved by the District and recorded, if the latter is appropriate. For those systems
which are proposed to be maintained by county or municipal entities, final operation and
maintenance documents must be received by the District when maintenance and
operation of the system is accepted by the local government entity, Failure to submit the
appropriate final document will result in the permittee remaining personally liable for
carrying out maintenance and operation of the permitted system.
16. This permit does not eliminate the necessity to obtain any required federal, state, local
and special district authorizations prior to the start of any activity approved by this
permit. This permit does not convey to the permittee or create in the permittee any
property right, or any interest in real property, nor does it authorize any entrance upon or
activities on property which is not owned or controlled by the permittee, or convey any
rights or privileges other than those specified in the permit and Chapter 40C-42.028,
F.A.C.
17. The permittee shall hold and save the District harmless from any and all damages,
claims, or liabilities which may arise by reason of the activities authorized by the permit
or any use of the permitted system.
18. The permittee shall immediately notify the District in writing of any previously submitted
information that is later discovered to be inaccurate.
19. Activities approved by this permit shall be conducted in a manner which do not cause
violations of state water quality standards.
Notice Of Rights
1. A person whose substantial interests are or may be determined has the right to request
an administrative hearing by filing a written petition with the St. Johns River Water
Management District (District), or may choose to pursue mediation as an alternative
remedy under Sections 120.569 and 120.573, Florida Statutes, before the deadline for
filing a petition. Choosing mediation will not adversely affect the rights to a hearing if
mediation does not result in a settlement. The procedures for pursuing mediation are
set forth in Sections120.569 and 120.57, Florida Statutes, and Rules 28-106.111 and
28-106.401-.405, Florida Administrative Code. Pursuant to Chapter 28-106 and Rule
40C-1.1007, Florida Administrative Code, the petition must be filed at the office of the
District Clerk at District Headquarters, P. O. Box 1429, Palatka, Florida 32178-1429
(4049 Reid St., Palatka, FL 32177) within twenty-six (26) days of the District depositing
notice of District decision in the mail (for those persons to whom the District mails actual
notice) or within twenty-one (21) days of newspaper publication of the notice of District
decision (for those persons to whom the District does not mail actual notice). A petition
must comply with Chapter 28-106, Florida Administrative Code.
2. If the Governing Board takes action which substantially differs from the notice of District
decision, a person whose substantial interests are or may be determined has the right to
request an administrative hearing or may choose to pursue mediation as an alternative
remedy as described above. Pursuant to District Rule 40C-1.1007, Florida
Administrative Code, the petition must be filed at the office of the District Clerk at the
address described above, within twenty-six (26) days of the District depositing notice of
final District decision in the mail (for those persons to whom the District mails actual
notice) or within twenty-one (21) days of newspaper publication of the notice of its final
agency action (for those persons to whom the District does not mail actual notice). Such
a petition must comply with Rule Chapter 28-106, Florida Administrative Code.
3. A substantially interested person has the right to a formal administrative hearing
pursuant to Section 120.569 and 120.57(1), Florida Statutes, where there is a dispute
between the District and the party regarding an issue of material fact. A petition for
formal must comply with the requirements set forth in Rule 28-106.201, Florida
Administrative Code.
4. A substantially interested person has the right to an informal hearing pursuant to
Sections 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute.
A petition for an informal hearing must comply with the requirements set forth in Rule
28-106.301, Florida Administrative Code.
5. A petition for an administrative hearing is deemed filed upon delivery of the petition to
the District Clerk at the District headquarters in Palatka, Florida.
6. Failure to file a petition for an administrative hearing, within the requisite time frame shall
constitute a waiver of the right to an administrative hearing (Section 28-106.111, Florida
Administrative Code).
7. The right to an administrative hearing and the relevant procedures to be followed are
governed by Chapter 120, Florida Statutes, and Chapter 28-106, Florida Administrative
Code and Section 40C-1.1007, Florida Administrative Code.
Notice Of Rights
8. An applicant with a legal or equitable interest in real property who believes that a District
permitting action is unreasonable or will unfairly burden the use of his property, has the
right to, within 30 days of receipt of notice of the District's written decision regarding a
permit application, apply for a special master proceeding under Section 70.51, Florida
Statutes, by filing a written request for relief at the office of the District Clerk located at
District headquarters, P. O. Box 1429, Palatka, FL 32178-1429 (4049 Reid St., Palatka,
Florida 32177). A request for relief must contain the information listed in Subsection
70.51(6), Florida Statutes.
9. A timely filed request for relief under Section 70.51, Florida Statutes, tolls the time to
request an administrative hearing under paragraph no. 1 or 2 above (Paragraph
70.51(10)(b), Florida Statutes). However, the filing of a request for an administrative
hearing under paragraph no. 1 or 2 above waives the right to a special master
proceeding (Subsection 70.51 (1 0)(b), Florida Statutes).
10. Failure to file a request for relief within the requisite time frame shall constitute a waiver
of the right to a special master proceeding (Subsection 70.51(3), Florida Statutes).
11. Any substantially affected person who claims that final action of the District constitutes
an unconstitutional taking of property without just compensation may seek review of the
action in circuit court pursuant to Section 373.617, Florida Statutes, and the Florida
Rules of Civil Procedures, by filing an action in circuit court within 90 days of the
rendering of the final District action, (Section 373.617, Florida Statutes).
12. Pursuant to Section 120.68, Florida Statutes, a person who is adversely affected by final
District action may seek review of the action in the District Court of Appeal by filing a
notice of appeal pursuant to the Florida Rules of Appellate Procedure within 30 days of
the rendering of the final District action.
13. A parry to the proceeding before the District who claims that a District order is
inconsistent with the provisions and purposes of Chapter 373, Florida Statutes, may
seek review of the order pursuant to Section 373.114, Florida Statutes, by the Florida
Land and Water Adjudicatory Commission, by filing a request for review with the
Commission and serving a copy on the Department of Environmental Protection and any
person named in the order within 20 days of adoption of a rule or the rendering of the
District order.
14. For appeals to the District Court of Appeal, a District action is considered rendered after
it is signed on behalf of the District, and is filed by the District Clerk.
15. Failure to observe the relevant time frames for filing a petition for judicial review
described in paragraphs #11 and #12, or for Commission review as described in
paragraph #13, will result in waiver of that right to review.
Notice Of Rights
Certificate of Service
I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent by U.S.
Mail to:
City of Sebastian
1225 Main St
Sebastian, FL 32958
At 4:00 p.m. this 25th day of March, 2004.
Division of Permit Data
Gloria Lewis, Director
St. Johns River Water Management District
Post Office Box 1429
Palatka, FL 32178-1429
(386) 329-4152
Permit Number: 42-061-68172-7
St. ®ns River
Water Management District
Kirby B. Green III, Executive Director - John R. Wehle, Assistant Executive Director
Post Office Box 1429 • Palatka, FL 32178-1429 a (386) 329-4500
Holders of General Permits
Dear Permittee:
Please be advised that the District has not published a notice in the newspaper advising the
public that it is issuing a permit for this proposed project. Publication, using the District form,
notifies members of the public (third parties) of their rights to challenge the issuance of the permit.
If proper notice is given by publication, third parties have a 21 -day time limit on the time they have
to file a petition opposing the issuance of the permit. If you do not publish, a party's right to
challenge the issuance of the general permit extends for an indefinite period of time. If you wish
to have certainty that the period for filing such a challenge is closed, then you may publish, at
your own expense, such a notice in a newspaper of general circulation within the affected area.
A copy of the form of the notice and a list of newspapers of general circulation, usually used by
the District, is attached for your use, however, you do not have to use only those newspapers
listed. This publication need only occur once. Once the notice is published, the newspaper will
return to you an affidavit as proof of publication. To complete your file with the District, submit
this original affidavit of publication to:
Gloria Lewis, Director
Division of Permit Data Services
P. O. Box 1429
Palatka, FL 32178-1429
Enclosed is a sample package used for newspaper noticing by the District. The package
includes:
*Page 2 - A copy of an example notice that District staff uses is included to
provide guidance on the language to be used in the notice. This
language satisfies the legal requirements for noticing.
*Page 3 - A copy of a sample notice to be published is also included. Complete
this form with your permit information and submit to a newspaper of
general circulation.
*Page 4 - The name, address, telephone number and facsimile for newspapers
of general circulation are provided. This is the newspaper typically
used by the District to advertise permits that are issued by the
Governing Board.
If I can be of further assistance, please contact me at (386) 329-4235 or Mary McKinney at (386)
329-4400.
SincereI
e
Gloria Lewis Pirector
Division of Permit Data Services
GOVERNING BOARD
Duane Ottenstroer, CHAIRMAN Ometrias D. Long, VICE CHAIRMAN R. Clay Aibdght, SECRETARY David G. Graham, TREASURER
JACKSONVILLE APOPKA EAST LAKE WEER JACKSONVILLE
W. Michael Branch John SoWnski William Kerr Ann T. Moore Catherine A. Walker
FERNANDINA BEACH ORLANDO MELBOURNE BEACH BUNNELL ALTAMONTE SPRINGS
- EXAMPLE FORM -
NOTICE OF AGENCY ACTION TAKEN BY THE
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
Notice is given that the following permit was issued on 11/27/95:
ACME HOMES CO., INC., 1201 W. 15th Street, Palatka, FL 32177, permit # 42-107-0001. The
project is located in Putnam County Section 23, Township 07 South, Range 34 East. The
permit authorizes A SURFACE MANAGEMENT SYSTEM ON 20 ACRES TO SERVE A
SINGLE-FAMILY RESIDENTIAL SUBDIVISION known as Blue Meadows. The receiving
waterbody is ST. JOHNS RIVER.
The file(s) containing the application for the above listed permit is available for inspection
Monday through Friday except for legal holidays, 8:00 a.m. to 5:00 p.m. at the St. Johns River
Water Management District (District) Headquarters, 4049 Reid Street, Palatka, FL 32178-1429.
A person whose substantial interests are affected by the District permitting decision may
petition for an administrative hearing in accordance with sections 120.569 and 120.57, Florida
Statutes, or may choose to pursue mediation as an alternative remedy under section 120.573,
Florida Statutes, before the deadline for filing a petition. Choosing mediation will not adversely
affect the right to a hearing if mediation does not result in a settlement. The procedures for
pursuing mediation are set forth in section 120.573, Florida Statutes, and rules 28-106.111 and
28-106.401-.404 Florida Administrative Code. Petitions must comply with the requirements of
Florida Administrative Code Chapter 28-106 and be filed with (received by) the District Clerk
located at District Headquarters, Highway 100 West, Palatka, FL 32177. Petitions for
administrative hearing on the above application(s) must be filed within twenty-one (21) days of
publication of this notice or within twenty-six (26) days of the District depositing notice of this
intent in the mail for those persons to whom the District mails actual notice. Failure to file a
petition within this time period shall constitute a waiver of any right(s) such person(s) may have
to request an administrative determination (hearing) under sections 120.569 and 120.57, F.S.,
concerning the subject permit. Petitions that are not filed in accordance with the above
provisions are subject to dismissal.
Because the administrative hearing process is designed to formulate final agency action, the
filing of a petition means that the District's final action may be different from the position taken
by it in this notice of intent. Persons whose substantial interests will be affected by any such
final decision of the District on the applicant have the right to petition to become a party to the
proceeding, in accordance with the requirements set forth above.
NOTICE OF AGENCY ACTION TAKEN BY THE
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
Notice is given that the following permit was issued on
(Name and address of applicant) permit
# . The project is located in County, Section , Township
South, Range East. The permit authorizes A SURFACE WATER MANAGEMENT
SYSTEM ON ACRES TO SERVE
known as
. The receiving water body is
The file(s) containing the application for the above listed permit is available for inspection
Monday through Friday except for legal holidays, 8:00 a.m. to 5:00 p.m. at the St. Johns River
Water Management District (District) Headquarters, 4049 Reid Street, Palatka, FL 32178-1429.
A person whose substantial interests are affected by the District permitting decision may
petition for an administrative hearing in accordance with sections 120.569 and 120.57, Florida
Statutes, or may choose to pursue mediation as an alternative remedy under section 120.573,
Florida Statutes, before the deadline for filing a petition. Choosing mediation will not adversely
affect the right to a hearing if mediation does not result in, a settlement. The procedures for
pursuing mediation are set forth in section 120.573, Florida Statutes, and rules 28-106.111 and
28-106.401-.404 Florida Administrative Code. Petitions must comply with the requirements of
Florida Administrative Code Chapter 28-106 and be filed with (received by) the District Clerk
located at District Headquarters, Highway 100 West, Palatka, FL 32177.: Petitions for
administrative hearing on the above application(s) must be filed within twenty-one (21) days of
publication of this notice or within twenty-six (26) days of the District depositing notice of this
intent in the mail for those persons to whom the District mails actual notice. Failure to file a
petition within this time period shall constitute a waiver of any right(s) such person(s) may have
to request an administrative determination (hearing) under sections 120.569 and 120.57, F.S.,
concerning the subject permit. Petitions that are not filed in accordance with the above
provisions are subject to dismissal.
Because the administrative hearing process is designed to formulate final agency action, the
filing of a petition means that the District's final action may be different from the position taken
by it in this notice of intent. Persons whose substantial interests will be affected by any such
final decision of the District on the applicant have the right to petition to become a party to the
proceeding, in accordance with the requirements set forth above.
I
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