HomeMy WebLinkAbout2007 - Permit from SJRWMDRiver
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Water Management District
IQrby e. Green III, Executive Director • David W Fisk Assistant Executive Director
4049 Reid Street • P.0 Box 1429 • Palatka, FL 32178-1429 • (386) 329.4500
On the Internet at www.sjnvmd com
July 31, 2007
Chesser's Gap, LLC
190 Congress Park Drive, Suite 180
Delray Beach, FL 33445 %
'INAN
SUBJECT: Permit Number 40-061-18771-3
Chesser's Gap Multi Family B
Dear Sir/Madam:
Enclosed is your general permit as authorized by the staff of the St. Johns River Water ZL
Management District on July 31, 2007.
This permit is a legal document and should be kept with your other important documents.. The
attached MSSW/Stormwater As -Built Certification Form should be filled in and returned to the
Palatka office within thirty days after the work is completed. By so doing, you will enable us to
schedule a prompt inspection of the permitted activity.
In addition to the MSSW/Stormwater As -Built Certification Form, your permit also contains
conditions which require submittal of additional information. All information submitted as
compliance to permit conditions must be submitted to the Palatka office address.
Permit issuance does not relieve you from the responsibility of obtaining permits from any
federal, state and/or local agencies asserting concurrent jurisdiction for this work.
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
general 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the time they have to file a petition opposing the issuance of the permit_ If you do not publish, a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. A copy
of the form of the notice and a list of newspapers of general circulation is attached for your use.
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 and if you provide the information required by 40C-
1.612, F.A.C. Please assist us in this matter so as to maintain a valid permit for the new
property owner.
EXHIBIT I
13OVERNING BOARD
David G. Graham, CHAIRMAN John G SoWnskl. v¢EcHAuuuw AnnT Moore, sEORETAw Duane L. Ottenseoer,TREmRen
WACNA E ORl.AN00 BUNNEJI JACKSONVILLE
R Clay Albright Susan N. Hughes William W Ken Omehlas D. Long W. Leonard Wood
I.,A .v 11v oh uAR r Iaecace An WA c NANMNA AWN
Thank you for your cooperation, and K this office can be of any further assistance to you, please
do not hesitate to contact us.
Sincerely,
To Ann Fuqua
Jo Ann Fuqua
Service Center Data Mgt Supervisor
Division of Permit Data Services
Enclosures: Permit with As -built Certification Form
Notice of Rights
List of Newspapers for Publication
cc: District Permit File
Agent: MBV Engineering Inc
2455 14th Ave
Vero Beach, FL 32960
Consultant: MBV Engineering Inc
245514th Ave
Vero Beach, FL 32960
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
Post Office Box 1429
Palatka, Florida 32178-1429
PERMIT NO. 40-061-18771-3 DATE ISSUED: July 31, 2007
PROJECT NAME: Chesser's Gap Multi Family
A PERMIT AUTHORIZING:
Modification of a Surface Water Management System with stormwater treatment by wet
detention for Chesser's Gap Multi Family, a 15.78 -acre project to be constructed as per plans
received by the District on May 24, 2007.,
LOCATION:
Section(s): 13 Township(s): -31 Range(s): 38
13 31S 38E
Indian River County
Chesser's Gap, LLC
190 Congress Park Drive, Suite 180
Delray Beach, FL 33445
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 hereof..
This permit does not convey to permittee any property rights nor any rights of 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:
PERMIT IS CONDITIONED UPON:
See conditions on attached "Exhibit A", dated July 31, 2007
AUTHORIZED BY: St. Johns River Water Management District
Department of Resource Management
By:
(Service Center Director - Palm Bay)
John Juilianna
"EXHIBIT A"
CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 40-061-18771-3
CHESSER'S GAP, LLC
DATED JULY 31, 2007
1.. 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 constitute a violation of this permit.
2.. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and
modifications, shall be kept at the work site of the permitted activity.. The complete permit
shall be available for review at the work site upon request by District staff.. The permittee
shall require the contractor to review the complete permit prior to commencement of the
activity authorized by this permit.,
3. Activities approved by this permit shall be conducted in a manner which do not cause
violations of state water quality standards..
4. 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 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 specifications 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.
5. 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 7 days after the construction activity in
that portion of the site has temporarily or permanently ceased.
6. At least 48 hours prior to commencement of activity authorized by this permit, the permittee
shall submit to the District a Construction Commencement Notice Form No. 40C-4.900(3)
indicating the actual start date and the expected completion date..
7. When the duration of construction will exceed one year, the permittee shall submit
construction status reports to the District on an annual basis utilizing an Annual Status
Report Form No. 40C-4.900(4). These forms shall be submitted during June of each year.
8.. For those systems which will be operated or maintained by an entity which will require an
easement or deed restriction in order to provide that entity with the authority necessary to
operate or maintain the system, such easement or deed restriction, together with any other
final operation or maintenance documents as are required by subsections 7.1.1 through
7.1.4 of the Applicant's Handbook: Management and Storage of Surface Waters, must be
submitted to the District for approval. Documents meeting the requirements set forth in
these subsections of the Applicant's Handbook will be approved. Deed restrictions,
easements and other operation and maintenance documents which require recordation
either with the Secretary of State or the Clerk of the Circuit Court must be so recorded prior
to lot or unit sales within the project served by the system, or upon completion of
construction of the system, whichever occurs first. 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 governmental entity.. Failure to submit the appropriate final documents
referenced in this paragraph will result in the permittee remaining liable for carrying out
maintenance and operation of the permitted system..
9.. Each phase or independent portion of the permitted system must be completed in
accordance with the permitted plans and permit conditions prior to the initiation of the
permitted use of site infrastructure located within the area served by the portion or phase of
the system. Each phase or independent portion of the system must be completed in
accordance with the permitted plans and permit conditions prior to transfer of responsibility
for operation and maintenance of that phase or portion of the system to local government or
other responsible entity.
10. Within 30 days after completion of construction of the permitted system, or independent
portion of the system, the permittee shall submit a written statement of completion and
certification by a registered professional engineer or other appropriate individual as
authorized by law, utilizing As Built Certification Form 40C-1.181(13) or 40C-1.181(14)
supplied with this permit. When the completed system differs substantially from the
permitted plans, any substantial deviations shall be noted and explained and two copies of
as -built drawings submitted to the District. Submittal of the completed from shall serve to
notify the District that the system is ready for inspection. The statement of completion and
certification shall be based on on-site observation of construction (conducted by the
registered professional engineer, or other appropriate individual as authorized by law, or
under his or her direct supervision) or review of as -built drawings for the purpose of
determining if the work was completed in compliance with approved plans and
specifications. As -built drawings shall be the permitted drawings revised to reflect any
changes made during construction. Both the original and any revised specifications must be
clearly shown. The plans must be clearly labeled as "as -built" or "record" drawing. All
surveyed dimensions and elevations shall be certified by a registered surveyor.. The
following information, at a minimum, shall be verified on the as -built drawings:
1. Dimensions and elevations of all discharge structures including all weirs, slots, gates,
pumps, pipes, and oil and grease skimmers;
Z. Locations, dimensions, and elevations of all filter, exfiltration, or underdrain systems
including cleanouts, pipes, connections to control structures, and points of discharge to the
receiving waters;
3. Dimensions, elevations, contours, or cross-sections of all treatment storage areas
sufficient to determine state -storage relationships of the storage area and the permanent
pool depth and volume below the control elevation for normally wet systems, when
appropriate;
4. Dimensions, elevations, contours, final grades, or cross-sections of the system to
determine flow directions and conveyance of runoff to the treatment system;
5. Dimensions, elevations, contours, final grades, or cross-sections of all conveyance
systems utilized to convey off-site runoff around the system;
6. Existing water elevation(s) and the date determined; and Elevation and location of
benchmark(s) for the survey.
11. The operation phase of this permit shall not become effective until the permittee has
complied with the requirements of general condition 9 above, the District determines the
system to be in compliance with the permitted plans, and the entity approved by the District
in accordance with subsections 7.1.1 through 7.1.4 of the Applicant's Handbook:
Management and Storage of Surface Waters, accepts responsibility for operation and
maintenance of the system.. The permit may not be transferred to such an approved
operation and maintenance entity until the operation phase of the permit becomes effective..
Following inspection and approval of the permitted system by the District, 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 section 7.1 of the
Applicant's Handbook: Management and Storage of Surface Waters, the permittee shall be
liable for compliance with the terms of the permit..
12. Should any other regulatory agency require changes to the permitted system, the permittee
shall provide written notification to the District of the changes prior implementation so that a
determination can be made whether a permit modification is required.
13. 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 40G4 or chapter 40C-40, F..A.C.,
14.. 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.
15. Any delineation of the extent of a wetland or other surface water submitted as part of the
permit application, including plans or other supporting documentation, shall not be
considered specifically approved unless a specific condition of this permit or a formal
determination under rule 40C-1.1006, F.A.C., provides otherwise.
16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or
other transfer of ownership or control of the permitted system or the real property at which
the permitted system is located. All transfers of ownership or transfers of a permit are
subject to the requirements of rule 40C-1.612, F.A..C. 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.
17.. Upon reasonable notice to the permittee, District authorized staff with proper identification
shall have permission to enter, inspect, sample and test the system to insure conformity with
the plans and specifications approved by the permit.
18. The permittee shall immediately notify the District in writing of any previously submitted
information that is later discovered to be inaccurate.
19. This permit for construction will expire five years from the date of issuance.
20. At a minimum, all retention and detention storage areas must be excavated to rough grade
prior to building construction or placement of impervious surface within the area to be
served by those facilities.. To prevent reduction in storage volume and percolation rates, all
accumulated sediment must be removed from the storage area prior to final grading and
stabilization.
21. All wetland areas or water bodies that are outside the specific limits of construction
authorized by this permit must be protected from erosion, siltation, scouring or excess
turbidity, and dewatering.
22. Prior to construction, the permittee must clearly designate the limits of construction on-site.
The permittee must advise the contractor that any work outside the limits of construction,
including clearing, may be a violation of this permit.
23. The stormwater management system must be constructed and operated according to plans
received by the District on May 24, 2007.
24. The stormwater management system must be inspected by the operation and maintenance
entity once within two years after the completion of construction and every two years
thereafter to insure that the system Is functioning as designed and permitted.. If a required
inspection reveals that the system is not functioning as designed and permitted, then within
14 days of that inspection the entity must submit an Exceptions Report on form number
40642..900(6), Exceptions Report for Stormwater Management System Out of Compliance.
The operation and maintenance entity must maintain a record of each required inspection,
including the date of inspection, the name, address, and telephone number of the inspector,
and whether the system was functioning as designed and permitted, and make such record
available for inspection upon request by the District during normal business hours.
25. If historical or archaeological artifacts are discovered at any time on the project site, the
Permittee shall cease all activities in the immediate vicinity of such discoveries and shall
immediately notify the District and the Florida Department of State, Division of Historical
Resources, Review and Compliance Section at (850) 245-6333 or (800) 847-7278.
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. G. Box 1429, Palatka Florida
32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at
Clerk cnsirwmd.com, 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),
within twenty-one (21) days of the District emailing notice of 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 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 Governing Board takes action that substantially differs from the notice of 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 maybe 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. Petitions
received by the District Clerk after 5:00 p.m., or on a Saturday, Sunday, or legal holiday,
shall be deemed filed as of 8:00 a,m, on the next regular District 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
www.sorwmd.com. These conditions include, but are not limited to, the petition being in
the form of a PDF 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).
7. 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. A person 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 their property, has the
right to, within 30 days of receipt of the notice of District decision regarding a permit
application, apply for a special magistrate 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,
FL 32177)_ A request for relief must contain the information listed in Subsection
70..51(6), Florida Statutes. Requests for relief received by the District Clerk after 5:00
p.m., or on a Saturday, Sunday, or legal holiday, shall be deemed filed as of 8:00 a.m.
on the next regular District business day.
9- A timely filed request for relief under Section 70.51, Florida Statutes, tolls the time to
request an administrative hearing under paragraph nos. 1 or 2 above. (Paragraph
70.51 (1 0)(b), Florida Statutes). However, the filing of a request for an administrative
hearing under paragraph nos. 1 or 2 above waives the right to a special magistrate
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 magistrate proceeding. (Subsection 70.51(3), Florida Statutes).
Notice Of Rights
11. Any person whose substantial interests are or may be affected 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 rendering of the final District action, (Section 373..617, Florida
Statutes).
12. 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.
13.. A party 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 Florida Department of Environmental Protection
and any person named in the order within 20 days of the rendering of the District order.
14. A District action is considered rendered, as referred to in paragraph nos. 11, 12, and 13
above, 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 as
described in paragraph nos. 11 and 12 above, or for Commission review as described in
paragraph no. 13 above, 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:
Chesser's Gap, LLC
190 Congress Park Drive, Suite 180
Delray Beach, FL 33445
At 4:00 p.m. this 1st day of August, 2007.
Division of Permit Data Services
Gloria Lewis, Director
St.. Johns River Water Management District
Post Office Box 1429
Palatka, FL 32178-1429
(386) 329-4152
Permit Number: 40-061-18771-3
STANDARD GENERAL ENVIRONMENTAL RESOURCE PERMIT
TECHNICAL STAFF REPORT
July 24, 2007
APPLICATION #: 40-061-18771-3
DATE RECEIVED: DATE 21ST DAY: 28TH DAY:
COMPLETED:
June 28, 2006 July 02, 2007 July 23, 2007 July 30, 2007
Applicant: Chesser's Gap, LLC
C/O Mr. Richard S. Jones, Jr.
190 Congress Park Drive, Suite 180
Delray Beach, FL 33445
(561)274-4210
Agent: MBV Engineering Inc
C/O Aaron J. Bowles, P.E.
2455 14th Ave
Vero Beach, FL 32960
(772)569-0035
Project Name:
Project Acreage:
Planning Unit:
Special Basin Criteria:
Receiving Water Body:
County:
Correct Fee Submitted
Authority:
Chesser's Gap Multi Family
15.780
10E (Basin 22)
N/A
Collier Waterway
Indian River
Class: III Marine.
Yes Amount Received: $1,000.00
40C -4.041(2)(b)8
Type of Treatment: Wet Detention
Type of Development: Residential Multi -Family
Type of System: N/A
Final O&M Entity: Chesser's Gap Subdivision Property Owner's Association, Inc.
Pre/Post Peak Rate Attenuation Provided:
Yes
Pre/Post Volume Attenuation Provided:
N/A
Mean Annual Storm Attenuation Provided:
Yes
Recovery of Water Quality Vol. Within Req. Time:
Yes
Recovery of Peak Attenuation Vol. Within Req. Time:
Yes
Interested Parties: No
Objectors: No
Authorization Statement
A Permit Authorizing:
Modification of a Surface Water Management System with stormwater treatment by wet
detention for Chesser's Gap Multi Family, a 15.78 -acre project to be constructed as per
plans received by the District on May 24, 2007.
Staff Comments:
This application is for the modification of a stormwater management system serving
several multi -family townhomes and associated parking area known as Chesser's Gap
Multi Family. This project is located within the limits of Chesser's Gap Subdivision,
previously permitted under permit number 40-061-18771-2, along Fleming Street in
Sebastian. This application modifies Permit No. 40-061-18771-2 by re -configuring one of
the wet detention ponds and modifying the bleed -down orifice to meets the District's
current design criteria (one-half of the required treatment volume discharged within 24-30
hours). Additionally, the layout and configuration of buildings is revised to include multi-
family townhomes. The overall stormwater management system consists of three inter-
connected wet detention ponds, but this application only involves revisions to Lake 1.
The proposed modification to the overall stormwater management system provides for
attenuation of the mean annual and 25 -year storm events (24-hour duration) and
provides the required treatment volume. The outfall structure for the overall system
involves two modified Type 'E' inlet with one 10 -inch circular orifice at invert El. 19.00, rim
elevations at invert EI. 20.50 (NGVD) and an aluminum skimmer. Stormwater discharge
enters Collier Waterway and eventually drains to the Sebastian River. As proposed, the
design meets all applicable District criteria pursuant to Chapters 40C-4, 40C-40, and
40C-42, F.A.C.
Site Description:
The project site is composed of open grassy land with scattered groups of pine and live
oaks. Also present are a wet prairie and freshwater marsh wetlands. The wet prairie is
isolated and is vegetated with some Bahia grass and various sedges and rushes such as
spikerush. The freshwater marsh is vegetated with swamp fern, wax myrtle, primrose
willow, Brazilian pepper, cattails and a few Red maples. There is flowing well that is
located within this wetland that supports wetland hydrology. As result of this well, the
wetland does overflow into an existing stormwater pond during larger storm events but
remains essentially an isolated system. Both wetlands have been historically disturbed
from previously permitted activities that have reduced wetland quality.
IMPACTS:
12.2.2 states that an applicant "must provide reasonable assurances that a regulated
activity will not impact the values of wetland and other surface water functions so as to
cause adverse impacts to: (a) the abundance and diversity of fish, wildlife and listed
species, and (b) the habitat of fish, wildlife and listed species.
The applicant proposes to fill the 0.07 -acre wet prairie and the 0.45 -acre freshwater
marsh wetlands to construct the multi -family development. The disturbed wetlands are
less than %-acre in total size and do not provide significant habitat for fish and wildlife
and listed species. Therefore, the proposed project is not expected to cause adverse
impacts to the abundance and diversity of fish, wildlife and listed species or their habitat.
SECONDARY IMPACTS:
Section 12.2.7 A.H. contains a four part criterion which addresses additional impacts that
may be caused by a project. (a) impacts to wetland functions that may result from the
intended use of a project, (b) impacts to the upland nesting habitat of listed species that
are aquatic or wetland dependent; (c) impacts to significant historical and archaeological
resources that are closely linked and causally related to any proposed dredging or filing
of wetlands or other surface waters; and (d) wetland impacts that may be caused by
future phases of the project or activities that are closely linked and causally related to the
project.
(a) impacts to wetland functions that may result from the intended use of a project;
Pursuant to Section 12.2.2.1, A.H., secondary impacts are not applied to isolated
wetlands less than Y2 -acre in total size that do not provide significant habitat to listed
species. The on-site wetlands meet these criteria.
(b) impacts to the upland nesting habitat of listed species that are aquatic or wetland
dependent;
No listed species have been found utilizing the project area for upland nesting sites.
(c) impacts to significant historical and archaeological resources that are closely
linked and causally related to any proposed dredging or filling of wetlands or other
surface waters;
District staff have determined that this project will cause no such impacts. Comments
received from the Division of Historical Resources indicated that there are no
archaeological or historical resources on-site.
(d) wetland impacts that may be caused by future phases of the project or activities that
are closely linked and causally related to the project.
There are no future phases as the permit authorizes development of the entire applicant -
owned property.
ELIMINATION/REDUCTION OF IMPACTS:
Pursuant to Section 12.2.1 A.H. the applicant must consider practicable design
modifications, which would reduce or eliminate adverse impacts to wetlands and other
surface waters. A proposed modification which is not technically capable of being done,
is not economically viable, or which adversely affects public safety through
endangerment of lives or property is not considered `practicable" Section 12.2.1
The proposed impacts are to disturbed wetlands <1/2 -acre in size that do not appear to
provide significant habitat to listed species or other fish and wildlife. Therefore,
elimination and reduction of wetland impacts was not required.
MITIGATION:
No mitigation is required for the loss of the wetland pursuant to Section 12.2.2.1 of the
Applicant's Handbook, as the wetlands are isolated, less than one half acre in size, and
are not believed to provide habitat for any endangered or threatened species.
CUMULATIVE IMPACTS:
Section 12.2.8 A. H. requires applicants to provide reasonable assurances that their
projects will not cause unacceptable cumulative impacts upon wetlands and other surface
waters within the same drainage basin as the project for which a permit is sought. This
analysis considers past, present, and likely future similar impacts and assumes that
reasonably expected future applications with like impacts will be sought, thus
necessitating equitable distribution of acceptable impacts among future applications.
Mitigation, which offsets a projects adverse impacts within the same basin as the project
for which a permit is sought is presumed to not cause unacceptable cumulative impacts.
No cumulative impacts are anticipated as a result of the proposed project. In addition, the
wetland is both isolated and less than''/2-acre in total size, therefore is not subject to this
criterion.
Staff has determined that there will be no cumulative or secondary wetland impacts as a
result of this proposal and that the project is consistent with the wetland review criteria in
sections 12.2-12.3.8, A.H. The proposed project meets all applicable conditions for permit
issuance pursuant to sections 40C-4.301 and 40C-4.302, F.A.C.
Wetland Summary Table
Chesser's Gap Multi Family Residential Multi -Family
Total Wetlands On-site
Acres
0.520
Total Surface Waters On-site 0.000
Impacts that Require Mitigation 0.000
Impacts that Require No Mitigation 0.520
(Wetlands less than ''/z acre: W1 = 0.07 acres and W2 = 0.45 acres)
Mitigation 0.000
Conditions for Application Number 40-061-18771-3:
ERP General Conditions by Rule (October 03, 1995):
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19
ERP/MSSW/Stormwater Special Conditions (November 09,1995):
1,4,10,13
Other Conditions:
1. The stormwater management system must be constructed and operated according to
plans received by the District on May 24, 2007.
2. The stormwater management system must be inspected by the operation and
maintenance entity once within two years after the completion of construction and
every two years thereafter to insure that the system is functioning as designed and
permitted. If a required inspection reveals that the system is not functioning as
designed and permitted, then within 14 days of that inspection the entity must submit
an Exceptions Report on form number 40C-42.900(6), Exceptions Report for
Stormwater Management System Out of Compliance. The operation and maintenance
entity must maintain a record of each required inspection, including the date of
inspection, the name, address, and telephone number of the inspector, and whether
the system was functioning as designed and permitted, and make such record
available for inspection upon request by the District during normal business hours.
3. If historical or archaeological artifacts are discovered at any time on the project site,
the Permittee shall cease all activities in the immediate vicinity of such discoveries
and shall immediately notify the District and the Florida Department of State, Division
of Historical Resources, Review and Compliance Section at (850) 245-6333 or (800)
847-7278.
Reviewers: Karen Garrett -Kraus
Nathan Ottoson