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HomeMy WebLinkAbout2011 SJRWMD Consumptive Use Permits� St.Johns River Water Management District Kirby B. Green III, Director • David W. Fisk, Assistant Executive Director 4049 Reid Street a P.O. Box 1429 • Palatka, FL 32178-1429 • (386) 329-4500 On the Internet at floridaswater.com. July 29, 2011 City of Sebastian 1225 Main St Sebastian, FL 32958 SUBJECT: Consumptive Use Permit Number 2075 City of Sebastian Golf Course Dear Sir/Madam: Enclosed is your permit as authorized by the Executive Director of St. Johns River Water Management District on July 24, 2011. Please be advised that the period of time within which a third party may request an administrative hearing on this permit may not have expired by the date of issuance. A potential petitioner has twenty-six (26) days from the date on which the actual notice is deposited in the mail, or twenty-one (21) days from publication of this notice when actual notice is not provided, within which to file a petition for an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes. Receipt of such a petition by the District may result in this permit becoming null and void. Permit issuance does not relieve you from the responsibility of obtaining permits from any federal, state and/or local agencies asserting concurrent jurisdiction over this work. The enclosed permit is a legal document and should be kept with your other important records. Please read the permit and conditions carefully since the referenced conditions may require submittal of additional information. All information submitted as compliance with permit conditions must be submitted to the nearest District Service Center and should include the above referenced permit number. Sincerely, Victor Castro, Division Director Division of Regulatory Support Enclosures: Permit, Conditions for Issuance, Compliance Forms, Map, Well Tags cc: District Permit File Agent: City of Sebastian 1225 Main St Sebastian, FL 32958 W. Leonard Wood, CHAIRMAN FERNANDINAeEACR Douglas C. Bournique Lad Daniels VENO BEACH JACKSONVILLE GOVERNING BOARD Maryann H. Ghyabi, TREASURER ORMOND BEACH John A. Miklos, SECRETARY ORLANDO Chuck Drake Richard G. Hamann Arlen N. Jumper ORLANDO GAINESVILLE FORT MCCOY PERMIT NO. 2075 DATE ISSUED: July 24, 2011 PROJECT NAME: City of Sebastian Golf Course A PERMIT AUTHORIZING: The District authorizes, as limited by the attached permit conditions, the use of 77.2 million gallons per year (MGY) (0.21 mgd average) of surface water from the stormwater management system, and 56.5 MGY (0.15 mgd average) of groundwater from the Floridan aquifer to irrigate 133 acres of golf course. LOCATION: Site: City of Sebastian Golf Course Indian River County Section(s): 29 Township(s): 31S Range(s): 38E ISSUED TO: City of Sebastian 1225 Main St Sebastian, FL 32958 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 maps and specifications attached thereto, is by reference made a part hereof. 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 and 40C-1, Florida Administrative Code. PERMIT IS CONDITIONED UPON: See conditions on attached "Exhibit A", dated July 24, 2011 AUTHORIZED BY: St. Johns River Water Management District Department of Resource Management By: (�� djja _ Catherine Walker, PE MBA Division Director "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 2075 CITY OF SEBASTIAN DATED JULY 24, 2011 District authorized staff, upon proper identification, will have permission to enter, inspect, and observe permitted and related facilities in order to determine compliance with the approved plans, specifications, and conditions of this permit. 2. Nothing in this permit should be construed to limit the authority of the St. Johns River Water Management District to declare a water shortage and issue orders pursuant to Section 373.175, Florida Statutes, or to formulate a plan for implementation during periods of water shortage, pursuant to Section 373.246, Florida Statutes. In the event a water shortage is declared by the District Governing Board, the permittee must adhere to the water shortage restrictions as specified by the District, even though the specified water shortage restrictions may be inconsistent with the terms and conditions of this permit. 3. Prior to the construction, modification, or abandonment of a well, the permittee must obtain a Water Well Construction Permit from the St. Johns River Water Management District, or the appropriate local government pursuant to Chapter 40C-3, Florida Administrative Code. Construction, modification, or abandonment of a well will require modification of the consumptive use permit when such construction, modification, or abandonment is other than that specified and described on the consumptive use permit application form. 4. Leaking or inoperative well casings, valves, or controls must be repaired or replaced as required to eliminate the leak or make the system fully operational. 5. Legal uses of water existing at the time of permit application may not be significantly adversely impacted by the consumptive use. If unanticipated significant adverse impacts occur, the District shall revoke the permit in whole or in part to curtail or abate the adverse impacts, unless the impacts can be mitigated by the permittee. 6. Off-site land uses existing at the time of permit application may not be significantly adversely impacted as a result of the consumptive use. If unanticipated significant adverse impacts occur, the District shall revoke the permit in whole or in part to curtail or abate the adverse impacts, unless the impacts can be mitigated by the permittee. 7. The District must be notified, in writing, within 30 days of any sale, conveyance, or other transfer of a well or facility from which the permitted consumptive use is made or with in 30 days of any transfer of ownership or control of the real property at which the permitted consumptive use is located. All transfers of ownership or transfers of permits are subject to the provisions of section 40C-1.612. 8. A District issued identification tag shall be prominently displayed at each withdrawal site by permanently affixing such tag to the pump, headgate, valve, or other withdrawal facility as provided by Section 40C-2.401, Florida Administrative Code. Permittee shall notify the District in the event that a replacement tag is needed. 9. The permittee's use of water as authorized by this permit shall not cause an interference with an existing legal use of water as defined in District rules. If interference occurs, the District may revoke the permit in whole or in part to abate the adverse impact unless otherwise mitigated by the permittee. In those cases where other permit holders are identified by the District as also contributing to the interference, the permittee may choose to mitigate in a cooperative effort with these other permittees. The permittee shall submit a mitigation plan to the District, and obtain District approval, prior to implementing any mitigation. 10. All submittals made to demonstrate compliance with this permit must include the permit number 2075 plainly labeled on the submittal. 11. This permit will expire on July 24, 2020. 12. Maximum annual combined withdrawals of groundwater and surface water for golf course irrigation must not exceed 133.7 million gallons (0.37 MGD average). 13. Maximum annual groundwater withdrawals from the Floridan aquifer to supplement Lake A (Pond 3) for golf course irrigation shall not exceed 56.5 million gallons (0.15 MGD average). All available stormwater and surface water must be utilized prior to using groundwater. 14. The annual surface water allocation from Lake A (Pond 3) for golf course irrigation is 77.2 million gallons (0.21 MGD average). Additional surface water may be used when it is available and does not cause harm. 15. Augmentation of Lake A (Pond 3) must cease when the water level reaches an elevation of 14.1 feet NAVD. 16. The permittee must continue to measure the quantity of water withdrawn from well A (District ID 7466), and ganged pumps 1 (District ID 1641), 2 (District ID 1642), and 3 (District ID 1643), as listed on the application, by totalizing flow meters. The totalizing flow meters must maintain 95% accuracy, be verifiable, and be installed according to manufacturer specifications. 17. Total withdrawal from well A (District ID 7466) and ganged pumps 1 (District ID 1641), 2 (District ID 1642), and 3 (District ID 1643), as listed on the application, must be recorded continuously, totaled monthly, and reported to the District every six months for the duration of the permit using District Form No. EN -50. The reporting dates each year will be as follows: Reporting Period Report Due Date January - June July 31 July - December January 31 18. The Permittee must maintain the meters. In case of failure or breakdown of any meter, the District must be notified in writing within 5 days of its discovery. The defective meter must be repaired or replaced within 30 days of its discovery. 19. The Permittee must have the flow meters calibrated once within one year prior to the permit expiration date, and recalibrated if the difference between the actual flow and the meter reading is greater than 5%. District Form No. EN -51 must be submitted to the District within 10 days of the inspection/ calibration. 20. The permittee's consumptive use shall not adversely impact wetlands, lakes, and spring flows or contribute to a violation of minimum flows and levels adopted in Chapter 40C-8, F.A.C., except as authorized by a SJRWMD-approved minimum flow or level (MFL) recovery strategy. If unanticipated significant adverse impacts occur, the SJRWMD shall revoke the permit in whole or in part to curtail or abate the adverse impacts, unless the impacts are mitigated by the permittee pursuant to a District -approved plan. 21. The lowest quality water source, such as reclaimed water, must be used as irrigation water in place of groundwater when available and deemed feasible pursuant to District rules and applicable state law. Notice Of Rights A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P. O. Box 1429, Palatka Florida 32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at Clerk(a)sirwmd.com, within twenty-six (26) days of the District depositing the notice of intended District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21) days of the District emailing the notice of intended District decision (for those persons to whom the District emails actual notice), or within twenty- one (21) days of newspaper publication of the notice of intended District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. The District will not accept a petition sent by facsimile (fax), as explained in paragraph no. 5 below. Mediation pursuant to Section 120.573, Florida Statutes, is not available. 2. If the District takes action that substantially differs from the notice of intended District decision, a person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the District, but this request for administrative hearing shall only address the substantial deviation. Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) at the office of the District Clerk at the mail/street address or email address described in paragraph no. 1 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), within twenty-one (21) days of the District emailing the notice of final District decision (for those persons to whom the District emails actual notice), or within twenty-one (21) days of newspaper publication of the notice of final District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. Mediation pursuant to Section 120.573, Florida Statutes, is not available. 3. A person whose substantial interests are or may be affected has the right to a formal administrative hearing pursuant to Sections 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 hearing must also comply with the requirements set forth in Rule 28-106.201, Florida Administrative Code. 4. A person whose substantial interests are or may be affected has the right to an informal administrative 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 also comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code. Notice Of Rights 5. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District's regular business hours. The District's regular business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8:00 a.m. on the District's next regular business day. The District's acceptance of petitions filed by e- mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at floridaswater.com. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile is prohibited and shall not constitute filing. 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. (Rule 28-106.111, Florida Administrative Code). The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C-1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. A person whose substantial interests are or may be affected by the District's final action has the right to become a party to the proceeding, in accordance with the requirements set forth above. 8. Pursuant to Section 120.68, Florida Statutes, a party to the proceeding before the District 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 Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, within 30 days of the rendering of the final District action. 9. A District action is considered rendered, as referred to in paragraph no. 8 above, after it is signed on behalf of the District, and is filed by the District Clerk. 10. Failure to observe the relevant time frames for filing a petition for judicial review as described in paragraph no. 8 above will result in waiver of that right to review. NOR.DOC.001 Revised 7/27/09 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. this3 day of August, 2011. �4 Division of Regulatory Support Victor Castro, Division Director St. Johns River Water Management District Post Office Box 1429 Palatka, FL 32178-1429 (386)329-4570 Permit Number: 2075