HomeMy WebLinkAbout2009 01 22 - Environmental Assessment UpdateECF
� Ecological
Q .... Iting
of Florida
WETLAND DELINEATIONS
MITIGATION PLANNING
PERMITTING SERVICES
MONITORING SERVICES
October 24, 2008
Mr. Richard Jones
Richard Jones Construction Co., Inc.
190 Congress Park Drive, Suite 180
Delray Beach, FL 33445
RE:Chesser's Gap PUD — Environmental Assessment Update
Indian River County, Florida
Mr. Jones,
This letter serves as an update to the September 18, 2007 Environmental
Assessment for the 15.88 acre parcel, known as Chesser's Gap PUD.
The subject parcel was reviewed to determine if site conditions differed
from the past environmental assessment, including the presence of listed
species.
A site inspection of the parcel was conducted on October 8, 2008.
Inspection included vehicular and pedestrian transects through the parcel
to confirm past site conditions. The site was reviewed for the presence of
listed species, including playing scrub jay vocalizations to confirm
absence/presence on site.
The site was consistent with the past assessments, with evidence of
recent mowing and upkeep of the stormwater system shoreline. No
clearing or construction has occurred on site since the past assessment.
No listed species, or evidence of listed species were identified during this
or previous reviews.
I trust this letter will assist in your City approval process, please contact
me should you have any questions or require further assistance.
Sincerely,
Ecological Consulting of Florida
David C. Sopotnick
President
LISTED SPECIES
6016.01
RECEIVED
JAN 2 2 2009
P a z,f vai mpt.
4646 SE Pompano Terrace
Stuart, FL 34997
Ph:772-220.7817
Fax: 866-230.8514
ECOLOGICAL ASSESSMENTS
WETLAND DELINEATIONS
MITIGATION PLANNING
PERMITTING SERVICES
MONITORING SERVICES
October 24, 2008
Mr. Richard Jones
Richard Jones Construction Co., Inc.
190 Congress Park Drive, Suite 180
Delray Beach, FL 33445
RE:Chesser's Gap PUD — Environmental Assessment Update
Indian River County, Florida
Mr. Jones,
This letter serves as an update to the September 18, 2007 Environmental
Assessment for the 15.88 acre parcel, known as Chesser's Gap PUD.
The subject parcel was reviewed to determine if site conditions differed
from the past environmental assessment, including the presence of listed
species.
A site inspection of the parcel was conducted on October 8, 2008.
Inspection included vehicular and pedestrian transects through the parcel
to confirm past site conditions. The site was reviewed for the presence of
listed species, including playing scrub jay vocalizations to confirm
absence/presence on site.
The site was consistent with the past assessments, with evidence of
recent mowing and upkeep of the stormwater system shoreline. No
clearing or construction has occurred on site since the past assessment.
No listed species, or evidence of listed species were identified during this
or previous reviews.
I trust this letter will assist in your City approval process, please contact
me should you have any questions or require further assistance.
Sincerely,
Ecological Consulting of Florida
David C. Sopotnick
President
LISTED SPECIES
6016.01
RECEIVED
JAN 2 2 2009
P a z,f vai mpt.
ENVIRONMENTAL IMPACT REPORT
CHESSER'S GAP 15.88 -ACRE PARCEL
INDIAN RIVER COUNTY, FLORIDA
September 18, 2007
Prepared by:
ECF
Ecological
Consulting
of Florida
4248 SE Commerce Ave
Stuart, FL 34997
772-220-7817
601600
TABLE OF CONTENTS
1.0 Introduction......................................................................................................
1
— 2.0 Site Location....................................................................................................
1
3.0 Methodology....................................................................................................
1
4.0 Topography/Hydrology...................................................................................1
5.0 Soils..............................................................................................................3
6.0 Site Conditions..............................................................................................3
7.0 Habitat/Land Use..........................................................................................3
8.0 Critical Habitat/Listed Species Observations................................................7
9.0 Wetlands and Surface Waters.....................................................................10
10.0 Conclusion..................................................................................................10
LIST OF FIGURES
Figure 1 USGS Quadrangle Map........................................................................
2
Figure2 Soils Map...............................................................................................
4
Figure 3 Land Use and Land Cover Map.............................................................
5
Figure 4 Listed Species Survey...........................................................................
8
LIST OF TABLES
Table 1 Land Use and Cover Summary .............................................................
6
Table 2 Scrub Jay Survey Field Data.................................................................
8
Table 3 FNAI Listed Species..............................................................................
9
^ PHOTOGRAPHS
Photographs............................................................................................................. 12
ATTACHMENT
Permits and Correspondence with Agencies........................................................... 15
ENVIRONMENTAL IMPACT REPORT
INDIAN RIVER COUNTY, FLORIDA
1.0 INTRODUCTION
The project involves the construction of a multifamily development and associated
stormwater system on a +15.88 -acre site. The proposed project will be constructed in
one phase with this report supporting the City of Sebastian site plan review process.
2.0 SITE LOCATION
The project is located within Section 13, Township 31 South, Range 38 East, Indian
River County, Florida (Figure 1). Specifically the project is located within the north side
of South Fleming Street at the intersection of Wave Street in the City of Sebastian.
The site is bordered to the east by surface waters and single family residences, to the
south by South Fleming Street and vacant lands, to the west by commercial uses, and
to the north by surface waters, commercial lands uses and single family residences.
3.0 METHODOLOGY
The assessment methodology consisted of the review of topographic information, soils
maps, and recent aerial photographs as City ordinances governing critical habitat and
listed species specific to the region.
_ A field reconnaissance of the subject parcel was then conducted which included
pedestrian transects through the parcel to map and identify specific habitat and land
uses and vegetative cover types. A perimeter transect was conducted to confirm
features did not extend off site. Field notes were taken and an aerial photograph was
marked with land use and cover types and any environmental findings.
4.0 TOPOGRAPHY/HYDROLOGY
According to the U.S.G.S. topographic quadrangle (Sebastian, FL), the site has an
average elevation of 20 feet NGVD (Figure 1). Field reconnaissance confirms the
quadrangle map with the property draining to the surface water features both on site
and off site.
A surface water feature is located on site near the south-central property boundary.
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5.0 SOILS
According to the Soil Survey of Indian River County, Florida (USDA -SCS, 1984), the
soils consist of EauGallie, Immokalee, Myakka, Oldsmar, and Holopaw fine sands
(Figure 2). The on site soils are characterized as follows:
1. EauGallie fine sand (3). This soil is deep, nearly level, and poorly drained. It
is found on broad flatwoods. The seasonal high water table is within a depth
of less than 10 -inches of the soil surface for 2-4 months during the wet
season and within 40 inches for more than 6 months.
2. Mvakka fine sand (5). This soil is poorly drained and found in broad areas on
flatwoods. This soil has a seasonal high water table is at a depth of 6-18
inches of the surface from June through September.
3. Oldsmar fine sand (6). This soil is deep, nearly level, and poorly drained. It is
found on broad flatwoods. The seasonal high water table is within a depth of
less than 10 -inches of the soil surface for 2-4 months during the wet season
and within 40 inches for more than 6 months.
4. Holopaw fine sand (47). This soil is nearly level and poorly drained. It is found
.. on broad, low flats and in poorly defined drainageways. The seasonal high
water table is within a depth of 10 -inches of the soil surface for 2 to 6 months
each year. It is above the surface for short periods after heavy rainfall.
On site reconnaissance indicates that the above described soils are consistent with the
.. descriptions identified in the soil survey.
6.0 SITE CONDITIONS
An assessment of the extent, distribution and composition of vegetative communities for
the 15.88 -acre site was conducted by Chris Sopotnick of Ecological Consulting of
Florida (ECF), on April 3, 2006. Subsequent recertification of the field assessment was
made September 7, 2007.
Pedestrian transects were conducted throughout the site with vegetative communities
mapped on a county blueline aerial photograph.
A description of each community type is provided in the Habitat/Land Use section of this
report.
7.0 HABITAT/LAND USE
Onsite habitats and adjacent land uses have been characterized using the Florida Land
Use Cover and Forms Classifications System (FDOT, 1985) (FLUCFCS), and are
described below and depicted on the Land Use and Cover Map (Figure 3).
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ECF LAND USE AND COVER MAP W�E FIGURE 3
Ecological CHESSERS GAP 15.88 ACRE PARCEL S GATE: s- eor
Consulting
of Florida SOURCE-. USGSSEEUUT JiPonO1W%eNiGIE PROJECT NO SO�BO]
INDIAN RIVER COUNTY FLORIDA SECTG413,TCANNSNIP31s RANCEWEa
M
0 191 — Undeveloped Land within Urban Areas: The majority of the site is classified as
undeveloped land within urban areas. This area has been previously cleared of
native vegetation, with various grasses and low cover types colonizing the area.
Typical vegetation noted includes bahiagrass (Paspalum notatum), blackberry
(Rubus trivialis), caesarweed (Urena lobata), grapevine (Vitus spp), and ragweed
(Ambrosia artemisiifolia). Scattered clusters of slash pine (Pinus elliotth), an
occasional cabbage palm (Sabal palmetto), and laurel oak (Quercus laurifolia), with
Brazilian Pepper (Schinus terebinthefolius) are present. See Photo 1
0 110 — Single Family Residence: One abandoned single family residence is located in
the north central portion of the site, as well as an additional one in the southeast
corner of the site. Vegetation is consistent with FLUCFCS 191. See Photo 2
o 524 — Surface Water: A Surface water is located in the south-central portion of the
site. This feature consists of open water with spatterdock (Nuphar spp) present. The
perimeter fringe consists of cattails (Typha domingenis), wax myrtle (Myrica
cerifera), primrose willow (Ludwigia peruviana), and torpedograss (Panicum repens).
This surface water is permitted as part of the surface water management system for
the site by the St. Johns River Water Management District. The shoreline of this
surface water was cleared in late 2006 in compliance with the operaiton permit by
SJRWMD. See Photo 3
_ o 641 - Freshwater Marsh: An off site wetland to the south overlaps on site. This area
is vegetatively comprised of cattails, primrose willow, Brazilian pepper, wax myrtle,
with an occasional cabbage palm and red maple (Acer rubrum). Portions of this
^, wetlands were vegetatively cleared during the surface water system clearing
activities. This activity has since been addressed in the projects Environmental
Resource permit application. See Photo 4
o 511 — Upland Cut Ditch: An upland cut ditch connects the on site surface water to
the surface water management system. This ditch is shallow and vegetated mainly
,. with herbaceous species and was recently cleared along thie the surface water
management system.
^
TABLE 1 — LAND USE AND COVER SUMMARY
FLUCFCS CODE
COMMUNITY NAME
ACRES
PERCENT
110
Single Family Residence
0.19
1.1
191
Undeveloped Land within Urban Areas
14.04
88.4
511
U land Cut to
0.01
0.1
524
Surface Water
1.28
8.1
641
1 Freshwater Marsh
1 0.36
1 2.3
Total Area
1 15.88
1 100.0
9
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8.0 CRITICAL HABITAT/LISTED SPECIES OBSERVATION
The site was reviewed for the presence of habitat conducive to federal and state listed
flora and fauna. An initial review documented vegetative communities and noted areas
listed as potential habitat. An initial cursory listed species survey was performed by ECF
on April 3, 2006. A subsequent refresher survey was conducted on September 7, 2007.
The methodology included meandering vehicular and pedestrian transects throughout
the parcel as well as the surrounding perimeter.
Upon confirming habitat potential on site, subsequent surveys including a gopher
tortoise burrow and commensal species survey, and scrub jay survey were conducted.
The original scurb jay survey was conducted September 25 - 29, 2006, and was
-- recently updated September 10 - 14, 2007. A gopher tortoise survey was conducted on
Septmeber 7, 2007.
A Florida scrub jay (Aphelocoma coerulescens) survey was conducted in accordance
the guidance protocol as published by US Fish and Wildlife Service, South Florida
Ecological Services Office, August 24, 2007. Habitat was mapped and assessed to best
determine the survey field stations. After defining habitats on site, transects were
established with playback stations identified. Playback stations were placed no more
than 330 -feet (100 -meters) apart in parallel transects to provide full coverage on site.
Field surveys were then conducted for five consecutive days (Figure 4). Pedestrian
surveys were conducted from no later than one hour after sunrise to no later than mid
day. Scrub Jay vocalizations of territorial scoldings, including the female "hiccup" call
-- (recorded from Macaulay Library, Cornell Lab of Ornithology) were played at playback
stations in all four cardinal directions at each station. Field notes were taken to
document any occurrences.
Various song birds including mocking birds, blue jays, Common grackle, and Crows
were noted during the survey. No scrub jays were sighted, nor were any calls answered
during the survey.
TABLE 2 — SCRUB JAY SURVEY FIELD DATA
Date
9-10-07
9-11-07
9-12-07
9-13-07 9-14-07
Survey Time
07.00/8:45
09:30/11:00
07-05/8:45
08:30/10:05 08:15/10:00
78
82
79
82 84
—Temperature
Wind Speed/Direction
3-5 mph/SE
3-5 mph/SE
3-5 m h/E
3-5 mph/SE 3-5 m WSE
Visibility
clear
clear
clear
clear clear
Precipitation
0%
0%
0%
0%
Sightings
0
0
0
0 0
A gopher tortoise survey was conducted in accordance with Nongame Wildlife Program
Technical Report 4 as published by the Office of Environmental Services, Florida Game
_ and Fresh Water Fish Commission, December 1987. This species is listed as a species
of special concern by the Florida Fish and Wildlife Commission (FWC), and has been
,,, 7
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Eeolopicai CHESSER'S GAP 15.88 ACRE PARCEL 5 DATE. 9-1647
Consulting
of Florida
SOURCE NSGC CES/STVW ryW3)DVPGWJiGLE PROJECT NO. 881801
INDIAN RIVER COUNTY FLORIDA SECTION IG.TD SHIPGIRWNL RMlGE3EEre*
approved for up listing to threatened staus. The presence of this species is a key factor
in the determination of habitat suitability for commensal species because of the number
of other animals that utilize the gopher tortoise burrows. Listed species such as gopher
frog (Rana capito), and eastern indigo snake (Drymarchon corias couperi) often occupy
gopher tortoise burrows and may be found in association with gopher tortoises on site
(none were noted during this assessment).
One potential burrow was identified by City of Sebastian staff in the footing of the
abandoned house in the south east corner of the site (see Figure 4). This burrow was
scoped with a video camera scoping system and determined to be less than 3 -feet
deep, with a round burrow mouth of approximately 6 -inches in diameter (See Photos 5
& 6). The burrow is consistent with use by armadillo's and has since been classified as
a mammal burrow. No tortoise's or thier burrows were noted on site.
Off site within the stormwater system to the north and east of the project site an
American Alligator was noted by City staff as well as by ECF scientist. The shoreline of
this stormwater system is off site, visual observation from the subject property did not
identify any denning/nesting opportunities on the subject propoerty that would be
affected by the proposed project. No state or federal listed species were identified on
.. site during any of the noted reviews.
M
The Florida Natural Areas Inventory (FNAI) provides a matrix by county of rare and
endangered species in Florida. Based on the known distribution and preferred habitats
of certain species, the following listed wildlife has the potential to occur on site:
None of the above Isited species were noted on site.
9
TABLE 2 – FNAI LISTED SPECIES
COMMON NAME
SCIENTIFIC NAME
EVIDENCE/SIGHTING
STATUS
FWC
USFWS
Eastern Indigo snake
Drymarchon corias cou eri
Not observed
T
T
Gopher tortoise
Go herus polyphemus
Not observed
SSC'
fro
Rana capito
Not observed
SSC
—Gopher
Florida pine snake
Pituo his melanoleucus mu itus
Not observed
SSC
Bald eagle
Haliaeetus leucoce halus
Not observed
T
T
owl
Speotyto cunicularia
Not observed
SSC
—Burrowing
Scrub Jay
A helocoma coerulescens
Not observed
T
T
American Alli ator
Alligator mississiiensis
Observed"
T
Abbreviations:
SSC = Species of Special Concern, T = Threatened
USFWS = United States Fish and Wildlife Service, FWC = Florida Fish and Wildlife Conservation Commission,
' Gopher tortoise is scheduled to be uplisted to Treatened.
" Alligator was noted on adjacent property.
None of the above Isited species were noted on site.
9
9.0 WETLANDS AND SURFACE WATERS
A small portion of wetland (FLUCFCS 641) overlaps on site from an off site wetland.
Hyrdology for this wetland was augmented by an artesian well off site that was noted in
the original review free flowing and enhancing the hydrology of the wetland. This well
has since been abandoned with wetland impacts to the ons tie portion of this wetland
permitted by St. Johns River Water Management District. Additional cooridnation with
^
the US Army Corps of Enginers (ACOE) confirmed that on site wetlands do not fall
within their permitting jurisdiction
The surface water (FLUCFCS 524) is considered a jurisdictional other surface water
(OSW) by SJRWMD and is part of the originally permitted surface water management
system. This surface water has since been permitted for relocation in the recent
^ SJRWMD ERP.
Both the SJRWMD permit and the ACOE correspondence are provided as Attachment
2.
10.0 CONCLUSION
The subject property is not contiguous with any wildlife corridors, and has limited
potential for listed species (and none were noted). Listed species surveys consistent
with FWC and USFWS guidance have been conducted and noted that no listed species
are present on the subject property.
Wetlands on site have been confirmed to be under state jurisdiction only (SJRWMD),
and have been permitted through the Environmental Resource Permit process.
In accordance with the City of Sebastian Land Development Code Sec. 54-3-11.5.
Wildlife habitat preservation and protection of flora and fauna, this site does not contain
vegetative communities and wildlife habitats which are deemed environmentally
significant (listed as endangered, threatened, and species of special concern by
habitat). Preservation of habitat is not proposed for this site.
^
^
^
10
REFERENCES
Florida Department of Agriculture and Consumer Services, Division of Plant Industry.
April 2004. Preservation of Native Flora of Florida, Chapter 513-40005, Florida
Administrative Code.
Florida Department of Transportation. 1999. Florida Land Use, Cover & Forms
Classification System Handbook. Tallahassee, Florida. 91 p.
Florida Fish and Wildlife Conservation Commission. 2004. Florida's Endangered
Species, Threatened Species and Species of Special Concern, Official Lists.
Tallahassee, Florida. 9p.
U. S. Department of Agriculture, Soil Conservation Service. 1977. Soil survey of Indian
River County, Florida. 215p. + maps.
Florida Natural Areas Inventory, 2006. FNAI Tracking List, Indian River County, FL
City of Sebastian, Land Development Code, Chapter III, Articles XI. Environmental
Protection, and XIV Tree Protection and Landscaping
11
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Photo 5. Mammal Burrow
Photo 6. Scoping of mammal burrow
14
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Photo 5. Mammal Burrow
Photo 6. Scoping of mammal burrow
14
Attachment 1
Permits and Coordination
15
Ota-Z�ib
St. Jo ns River Pexm j+
., Water Management District
Kirby 8 Green III, Emculive Director • David W Rsk Assistant Executive Director
^
4049 Reid Street • P.0 Box 1429 • Palatka, FL 32178.1429 • (386) $29.4500
On the Internet at www.sJnamd com
July 31, 2007
Chesser's Gap, LLC
190 Congress Park Drive, Suite 180
Delray Beach, FL 33445
SUBJECT: Permit Number 40-061-18771-3
Chesser's Gap Multi Family
Dear Sir/Madam:
Enclosed is your general permit as authorized by the staff of the St. Johns River Water
.. 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 pernit will be transferred to the new owner, if we are
noted 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.
..
GOVERNING BOA
David 0 Graham, c"ARwn John G Sowhskl, vice CHAIRMAN Ann T Moore, s20R wy Duane L CUensnoer, TwJaRER
UCKSONM E OR Moo 9"ELL JACKEONVUE
R Clay Albright Susan N. Hughes Warn W Kerr Omeaias a Long W. Leonard Wood
^ OCALA POMEVEOPA MEAWAP4E6EAC4 APOPKA FEFNARDINF eFACH
Thank you for your cooperation, and 'rf this office can be of any further assistance to you, please
do not hesitate to contact us.
Sincerely,
Jo 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
2455 14th 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:
i AI
(Service Center Director - Palm Bay)
John Juilianna
.. "EXHIBITA"
CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 40-061.187714
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
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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 speck 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
7.1A 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.
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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 verged 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;
2. 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.
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,., 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 Applicants 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
Applicants 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.
o. 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 40C-4 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 4004.612, 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
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.
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.
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Notice Of Rights
1. 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
Clerkasirwmd.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 mall/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.
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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.sirwmd.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(10)(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(10)(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).
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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 371617, 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.
r 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
r 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
r 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,
on
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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
vo, ni[oul 11:28 FAX 5812744211 RICHARD JONES CONST CO
REPLYTO
ATTENTION OF
DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
400 HIGH POINT DRIVE, SUITE 600
COCOA, FL 32929
Regulatory Division
North Permits Branch
Cocoa Regulatory office
SAJ-2006-7980 (NPR -TSD)
Chesser's Gap, LLC
C/o Mr. Richard Jones, Jr.
190 Congress Park Drive, Suite 180
Delray Beach, FL 33445
Dear Mr. Jones:
April 3, 2007
Reference is made to the application received by the U.S.
Army Corps of Engineers (Corps) on December 15, 2006, and
additional information supplied on March 7, 2007, for a
Department of the Army permit to discharge fill material into
waters of the United States. The proposed project site is a
15.78 -acre parcel located east of CR 512, on the north side of
Fleming Street, north of Wave Street, Sebastian, in Section 13,
Township 31 South, Range 38 East, Indian River County, Florida.
The application has been assigned number SAJ-2006-7980 (NPR -
TSD). The information submitted on March 7, 2007 to the
application depicts two wetlands and one surface water area
within the boundary of the project site.
The Supreme Court decision, Solid Waste Agency of Northern
Cook CountV v. U.S. Army Corps of Engineers, 531 U.S. 159 ('200
(SWANCC) involved the scope of the Corps' regulatory autho ity
under Section 404 of the Clean Water Act. The court held that
"non -navigable, isolated, intrastate" waters, based solely on
the use of such waters by migratory birds, are not considered
waters of the United States under the Clean Water Act.
The Corps has determined there is no apparent connection
between two wetlands, and one surface water on the subject
parcel and navigable waters of the United States either
physically or through an interstate commerce connection other
than through use by migratory birds. Therefore, in accordance
with SWANCC, the wetlands (Wetland 1 - 0.07 acre, Wetland 2 =
0.49 acre and the surface water adjacent to wetland 2) as
20021010
O8/21/2007 11:26 FAX 5812744211 RICHARD JONES CONST CO
.003/010
am
\� -2-
depicted on the enclosed drawing are considered isolated and
will not be regulated by the Corps.
A Corps' "Basis for Jurisdiction" form is enclosed for your
.. information and file. You are hereby advised that you have
certain options available to you. These are outlined in ti.e
attached "Notification of Administrative Appeal Options anc.
,., Process and Request for Appeal" form. It is vary important that
you read and understand the options provided. Failure to r,.otify
the Corps within 60 days of the date of this letter means that
r you dccept this approved jurisdictional determination in its
entirety, and waive all rights to the appeal and approved
jurisdictional determination. Instructions are provided fcr you
.. in part D on the enclosed form. Your appeal should be directed
to Commander, South Atlantic Division, U.Q. Army Corps of
Engineers, Attention: Appeals Review Officer, CESAD-CM-CO-F.,
Room 9M15, 60 Forsyth St., SW., Atlanta, Georgia 30303-88C1.
This delineation/determination has been conducted to
identify the limits of the Corps Clean Water Act jurisdiction
\� for the particular site identified in this request. This
delih,a Liori/determination may not be valid for the wetland
conservation provisions of the Food Security Act of 1985, as
amended. If you or your tenant are U.S. Department of
Agriculture (USDA) program participants, or anticipate
participation in USDA programs, you should request a certified
wetland determination from the local office of the Natural
Resources Conservation Service prior to starting work.
Please be advised this determination reflects current policy
and regulations and is valid for a period of no longer the
5 years from the date of this letter unless new information
warzants a revision of the determination before the expiration
date. If after the 5 -year period, the Corps has not
specifically revalidated this determination, it shall
automatically expire. Any reliance upon this determination
beyond the expiration date may lead to possible violation of
current Federal laws and/or regulations.
Additionally, your project site may contain species
protected by the Endangered Species Act (ESA) of 1972, as
., amended. You should contact your local U.S. Fish and Wildlife
Service (FWS) office to determine if Federally listed species or
- Lheir habitat are present on your project site. FWS offices can
0"
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`W 111 LVVI Il cr r8A b612744211 RICHARD JONES CONST CO
_ 9004/010
-3-
be contacted by the following telephone numbers: Jacksonville
at 904-232-2580, Panama City at 805-763-2177, St. Petersburg at
727-570-5398, or Vero Beach at 772-562-3909.
This letter does not obviate the requirement to obtain any
other Federal, State, or local permits, which may be necessary
for your project. Should you have any questions, please contact
Tamy Dabu at the letterhead address or by telephone at 321-504-
3771 extension 11.
Thank you for your cooperation with our regulatory program.
The Corps Jacksonville District Regulatory Division is comr.itted
_ to improving service to our customers. We strive to perform our
fluty in a friendly and timely manner while working to preserve
^ our environment. We invite you to take a few minutes to visit
the following link and complete our automated Customer Service
Survey:
http://www,saj.usace.army.mil/permit/forms/customer service.htm.
Your input is appreciated - favorable or otherwise.
Enclosures
Copies Furnished:
EPA, Georgia
.. FWS, Vero
sincerely,
vid S. Hob ie
hie t'
Regulatory Division
vererleuu( 11:27 FAX 5612744211 RICHARD JONES CONST CO
w. R005/010
L.
W
licant Chessers's Gap, LLGChesser'sGa Multi -Porn)/ File Number:SAJ•2006-7480 Dact:04/03/2007
Attached is:
INITIAL PROFFERED PERMIT (Standard Permit or Letter of scion See Section below
PROFFI:KW PERMIT Standard Permit or Letter of ermission A
PERMIT DENIAL B
X APPROVEDJURISDICTIONAL DETERMINATION C
PRELIMINARY JURISDICTIONAL DETER.vIINATION D
E
rtia tna be%.'• d , { r;j Iu{r
•CU
Ire ti011S 8t.3 GEB.IJ' 3^.�°:l �ri"�' (IS I.ai�`�.".r i�'e .:'i �! .h�"�I 'F .�i' ', �il.�k� v ,II
A: INITIAL PROFFERED P£RMTr: You may accept or object to the permit.
• ACCEPT., If' ynu received a Standard Permit, you may sign the permit document and return it to the district engineer for ftnal
authorization. Ifyou received a Letter of Permission (LOP), you may accept the LOP and your work is autha^/zed. Your
Signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, raid waive alt rights
to appeal the permit, including its terms and conditions, and approvedjurisdicrional determinations associated with the permit.
• OBJECT: if you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objection and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section E below.
E: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT, ff you received a Standard Permit, you may sign tha permit document and return it to the district eagineerfor final
authorization. lfyou received a Letterof Permission (LOP), you may accept the LOP and your work is autho-/zed. Your
signalure on the Standard Permit or acceptance of the LOP means that you accept the permir in irs entirety, aid waive ail rights
to appeal the permit, including its terns and conditions, and approved Jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section lI of this
form and sending the form to the division engineer, This form trust be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENTAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Apprtal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
0: APPROVED IURISDICIIONAL DETERMINATION: You may accept or appeal the approved JD or providlr new information.
• ACCEPT. You do not need to notify the Corps to accept an approved JD. Failure to notib the Corps within $0 days of the date
00I notice, means rhar you accept the approved JD In tis entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal ibe approved JD under the Corps of Eagi el'as Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary
JD. The Preliminary JD is not appealable. If you wish, you tray request an approved JD (which may be appealed), by contacting
the Corps district for further instruction. Also you may provide new infoeentetion for further consideration by the Carps to reevaluate
the JD.
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08/21/2007 11:29 FAX 5612744211 RICHARD JONES CONST CO
WCSCrIbe (Objections
permit in clear concise statements. You may attach additional ourreasons finformation to this me foam to alar*
lobjections are addressed in the administrative record.)
@1006/010
ons to an initial
pour reasons or
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memons— m for the
record of the appeal conference or meeting, and any supplolomtel information that the review officer has determin sd is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may rovide additional information to clarify the location of information that is *elkdv is the administrative rorord.
If you have questions regarding this decision and/or the appeal If you only have questions regard ng the appe l process you may
.. process you may contact: also contact:
Tamy Dabu Michael F. Hell
321-504-3171 extension 11 404-562-5137
RIGHT OF ENTRY: Your signature below &ants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of The appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to artici ate in all site investigations.
Signature of appellant or agent.
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•�,�i, cvvi ii.ca ran Ob 12 (44211 RICHARD JONES CONST CO
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JURISDICTIONAL DETERMINATION Revised a/13/04
"e U -S, "Corps y rps of Engineers
DISTRICT OFFICE; Jacksonville District, Cocoa Regulatory Office
X NUMBER; SAJ-2006-7980
PROJECT LOCATION INFORMATION:
_. State: Florida
County: Indian River
Center coordinates of site (18 itude/longitude): 27.7907/80.48239
Approximate size of area (parcel) reviewed, including uplands: f5.78 acres.
Name of nearest waterway: Sebastian River
Name of watershed: Indian River
JURISDICTIONAL DETERMINATION
Completed; Desktop determination X Date: 04/03/07
Sllc visit($) Datc(s):
e�
Jurisdictional Determination (JD):
�- ❑ Preliminary JD -Based on available information, ❑ there appear to be (or) a there appear to be no "waters of the Uni ed States" and/or
"navigable waters of the United States" on the project Sim. A preliminary, JD is not appealable (Reference 33 CFR part 331).
X❑ Approved JD — An approved JD is an appealable action (Reference 33 CFR part 331),
Check all that apply:
❑ There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within thu reviewed area.
Approximate size ofjurisdictional area:
❑ There are, "Waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the taviewal aces Approximate size
.. ofjurisdictional area
X❑ There ore "isolated, non -navigable, intrastare waters or wetlands" within the reviewed area.
,\❑ Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No A risdiction.
:_..SIS OF JURISDICTIONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States";
❑ The presence of waters that am subject to the ebb and flow of the tide and/or are presently used, or have been used in
the past, or maybe susceptible for use to rranaoort interstate or foreign commence.
B. Waters dented under 33 CFR part 328.3(a) as "waters of the United States":
❑ (1) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are so ect to the ebb and flow of the tide.
❑ (2) The presence of interstate waters including interstate wetlands .
❑ (3) The presence of other waters such as Intrastate lakes, rivers, streams (including intermittent streams), mudflats, sendflats, wetlands. sloughs,
prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate commerce
including any such waters (check all that apply):
❑ (i) which ore or could be used by interstate or foreign travelers for recreational or other purposes.
❑ (u) from which fish or shellfish are or could be token and sold in interstate or foreign commerce.
❑ (iii) which arc or could be used for industrial purposes -by -industries in interstate continence.
❑ (4) Impoundments of waters othcrwiae defined as waters of the US.
❑ (5) The presence of a tributary to a water identified in (1) — (4) above.
❑ (6) The presence of territorial seas.
❑ (7) The presence of wetlands adjacent' ro other waters of the US, except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above), Ifthe jurisdictional water or wetland is not ltselfa
navigable water of the United Stater, describe connections) to the downstream navigable waters. #B(l) or 8(3) is used as the Basis of✓itrisdictlon,
document navigability and/or interstate commerce connection O.e., discuss site conditions, including why the waterbody is navigable and/or how the
r• deslivrtron of The walerhady could affect interstate or foreign commerce). IfB(2, 4, J or 6) is used as the Basis of✓ur/sdiction, document the rationale
used to make the determination. (/'B(7) is used at the Basis of✓urisdiction, documeni the rationale used to make adjacency determinarlow Wetland 1,
Wel lend 2, and the surface water arc all greater than 200 feet of waters of the United States. There is no nexus to Interstate commerce.
08/21/2007 11:30 FAX 5812744211 RICHARD JONES CONST CO
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Lateral Extent of Jurisdiction: (Reference: 33 CFR pmts 328 and 329)
❑ Ordinary High Water Mark indicated by: EZ High Tide Line indicated by:
❑ clear, natural line impressed an the bank ❑ oil or scum line along shote objects
❑ the presence of litter and debris ❑ fine shell or debris deposits (foreshore)
❑ changes in the character of soil ❑ physical markings/oharseserismes
❑ destruction of terrestrial vegetation ❑ tidal gages
❑ shelving
❑ other, ❑ other:
❑ Mcuc High Water Mork indicated by;
00 ❑ survey to available datum; ❑ physical markings; ❑ vegetation lines/changes in vegetation types.
X❑ Wetland boundaries, as shown on the attached wetland delineation map atid/or in a delineation report prepared by. Ecological Consulting of Florida
*� Basis For Not Asserting Jurisdiction:
❑ The reviewed arca consists entirely of uplands.
- ❑ Unable to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7).
❑ Headquarters declined to approve jurisdiction on the basis of 33 CFR part 32B.3(a)(3).
x ❑ The Corps has made a case -specific determination that the [allowing waters present on the site are not W
Waste treatment systema, including treatment ponds or aters of the Uni�ed States:
❑ lagoons, pursuant to 33 CFR part 328.3.
❑ Artificially irrigated areas, which would revert to upland if the Irrigation ceased.
❑ Artificial lakes and ponds created by excavating and/or diking dry land to collect and
.. retain water and which are used exclusively for such purposes as stock watering, Irrigation, settling basins, or rice growing.
❑
Artificial reflecting or swimming pools or other small ornamental bodies of water created
by uxcuvating and/or diking dry land to retain water for primarily aesthetic reasons.
❑ Water -filled depressions crested in dry land incidental to construction activity and pits excavated in dry land for the purpose of obtaining
• rill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the
definition of waters of the United States found at 33 CFR 328.3(a).
X Isolated, intrastate wetland with no nexus to interstate commerce.
❑ Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale:
❑❑ Non-ddnl drainage or irrigation ditches excavated on dry land. Explain rationale:
Other (explain):
DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply):
X Maps, plans, plots or plat submitted by or on behalf of the applicant.
X Data sheets prepared/submined by or on behalf of the applicanL
X❑ This office concurs with the delineation report, dated 11806 prepared by (company): Ecological Consulting of Florida
❑ This office does not concur with the delineation report, dated , prepared by (company);
., ❑ Data sheets prepared by the Corps.
❑ Corps' navigable waters' studies;
U.S. Geological Survey Hydrologic Atlas;
❑ U.S. Geological Survey 7.5 Minute Topographic maps:
.. ❑ U.S. Geological Survey 7.5 Minute Historic quadrangles:
❑ U.S. Geological Survey 15 Minute Historic quadrangles:
❑ USDA Natural Resources Conservation Service Soil Survey:
❑. National wetlands inventory maps:
i. ❑ Stiie/Uncal weiland'iFi entory maps: _
❑ FEMAIFIRM maps (Map Name & Date);
❑ 100 -year Floodplain Elevation is: (NGVD)
X Auriul Photographs (Name & Date)!
❑ Other photographs (Date):
❑ Advanced Identification Wetland maps:
❑ Site visit/dererminadon conducted on:
-- ❑ Applicable/supporting case law:
❑ Other information (please specify):
- Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of
hydrophytic vegetation, hydric soils and wetland hydrology).
[The rerm "adjacent" means bordering, contiguous. ornei hborin . Wetlands sc
J 8 8 e 8 Petered from other canters of the U.S. by man -mad.- dikes or barriers, natural
'r berms, beach dunes, and the like are also adjacent.
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United States Army Corps of Engineers
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DELINEATION1
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SWANCC ISOLATET
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United States Army Corps of Engineers
DELINEATION OF JURISDICTIONAL
WATERS OF THE UNITED STATES
Verified By
C-1h�`�Q�,��
Date: LY/2Project # SAI -2006 Zit&)
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WETLANDS MAP
CHESSER'S GAP 15.88 ACRE PARCEL
INDIAN RIVER COUNTY FLORIDA
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BEDTION f!, iMx11MIY a. tlavm, nµq y 4yi
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DATE: 10-13-W
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FLORIDA DEPARTMENT OF STATE
Sue M. Cobb
Secretary of State
DIVISION OF HISTORICAL RESOURCES
Mr. David Sopotnick July 7, 2006
Ecological Consulting of Florida
4646 SE Pompano Terrace
Stuart, Florida 34997
Re: DHR No. 2006-4997 / Received by DHR: May 23, 2006
Project: Chessers Gap 15.88 Acre Parcel
ECF Project No.: 6016
Indian River County
Dear Mr. Sopotnick:
Our office received and reviewed the referenced project in accordance with Chapters 267 and
373, Florida Statutes, Florida's Coastal Management Program, and implementing state
regulations, for possible impact to historic properties listed, or eligible for listing, in the National
Register of Historic Places, or otherwise of historical, architectural or archaeological value. The
State Historic Preservation Officer is to advise and assist state and federal agencies when
identifying historic properties, assessing effects upon them, and considering alternatives to avoid
.. or minimize adverse effects.
A review of the Florida Master Site File data indicates that no significant archaeological or
historical resources are recorded within the project area. Furthermore, due to the nature and/or
location of the project it is unlikely that any such sites will be affected.
For any questions concerning our comments, please contact April Westerman, Historic Sites
Specialist, by phone at (850) 245-6333, or by electronic mail at amwestennan(a dos.state.fl.us.
We appreciate your continued interest in protecting Florida's historic properties.
Sincerely,
Frederick P. Gaske, Director, and
State Historic Preservation Officer
.,
500 S. Bronough Street • Tallahassee, FL 32399-0250 . http://w-ww.tlheritage.com
O Director's Office O Archaeological Research to Historic Preservation O Historical Museums
(850) 245-6300 • FAX: 245-6435 (850) 245-6444 • FAX: 245-6452 (850) 245-6333 • FAX: 245-6437 (850) 245-6400 • FAX: 245-6433
Q Palm Beach Regional Office 13 St. Augustine Regional Office O Tampa Regional Office
(561) 279-1475 • FAX: 279-1476 (904) 825-5045 • FAX: 8255044 (813) 272-3843 • FAX: 272-2340
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