HomeMy WebLinkAbout2016 - SJRWMD PermitSt. Jphns River
Water Management District
Ann B. Shortelle, Ph.D., Executive Director
4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • (386) 329-4500
On the Internet at www.sirwmd.com.
May 23, 2016
Frank Watanabe
City of Sebastian
1225 Main St
Sebastian, FL 32958-4165
SUBJECT: General Permit 144550-2
Dear Sir:
The District has received your notice to use a general permit. Based on the submitted information,
the proposed activity qualifies for a General Environmental Resource Permit pursuant to section
62-330.447, Florida Administrative Code, provided it is constructed and operated in accordance
with that general permit and the general and special conditions set forth in section 62-330.405 and
62-330.447, Florida Administrative Code (attached).
Please be advised that the St. Johns River Water Management District will not publish a notice in
the newspaper advising the public that it has determined your project qualifies for this general
permit. Newspaper publication, using the District's notice form, notifies members of the public of
their right to challenge the use of the general permit. If proper notice is given by newspaper
publication, then there is a 21 -day time limit for someone to file a petition for an administrative
hearing to challenge the use of the permit. To close the point of entry for filing a petition, you may
publish (at your own expense) a one-time notice of the District's decision in a newspaper of
general circulation within the affected area as defined in Section 50.11 of the Florida Statutes. If
you do not publish a newspaper notice to close the point of entry, the time to challenge your use of
the permit will not expire and someone could file a petition even after your project is constructed.
A copy of the notice form and a partial list of newspapers of general circulation are attached for
your convenience. However, you are not limited to those listed newspapers. If you choose to
close the point of entry and the notice is published, the newspaper will return to you an affidavit of
publication. In that event, it is important that you either submit a scanned copy of the affidavit by
emailing it to compliancesupporr c5sirwmd.com (preferred method) or send a copy of the original
affidavit to:
Margaret Daniels, Office Director
Office of Business and Administrative Services
4049 Reid Street
Palatka, FL 32177
A copy of your application was transmitted to the U.S. Army Corps of Engineers for review. This
authorization to use a general environmental resource permit does not obviate the need for
obtaining all necessary permits or approval from other agencies.
GOVERNING BOARD
John A. Miklos, cmmmm Fred N. Roberts Jr.. vicE t7MNIMAN Chuck Drake, SECRETARY Carla Yetter, TREAsuRER
ORLANDO OCALA ORLANDO FERNANDINA BEACH
Douglas C. Bournique John P Browning, Jr. Douglas Burnett Maryann H. Ghyabi Ron Howse
VERO BEACH EAST PALATNA ST. AUGUSTINE ORMOND BEACH COCOA
Sincerely,
—/P • cu
Margaret Daniels, Office Director
Office of Business and Administrative Services
Enclosures: Notice of Rights
List of Newspapers for Publication
cc: District Permit File
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
GENERAL ENVIRONMENTAL RESOURCE PERMIT
PERMIT NO: 144550-2 DATE ISSUED: May 23, 2016
PROJECT NAME: Tulip Drainage Improvement
A PERMIT AUTHORIZING:
Use of the General Permit for Tulip Drainage Improvement to construct an attenuation wet
detention pond to be constructed as per plans received by the District on May 20, 2016.
LOCATION:
Section(s): 24
Indian River County
Water
Township(s): 31S Range(s): 38E
Ilndian River Lagoon IIII AM 11A1 OFW,
ISSUED TO:
City of Sebastian
1225 Main St
Sebastian, FL 32958-4165
The District received your notice to use a General Environmental Resource Permit pursuant to
Chapter 62-330, Florida Administrative Code (F.A.C.) on October 7, 2014.
Based on the forms, design plans, and other documents submitted with your notice, it appears
that the project meets the requirements for a General Environmental Resource Permit. Any
activities performed under a General Environmental Resource Permit are subject to the general
conditions and special conditions specified in rules 62-330.405 and, , F.A.C. respectively
(attached). Any deviations from these conditions may subject you to enforcement action and
possible penalties.
Please be advised that the General Environmental Resource Permit expires 5 years from the
date on which the notice of intent to use a General Environmental Resource Permit was received
by the District.
A copy of your notice also has been sent to the U.S. Army Corps of Engineers (USACOE) for
review. The USACOE may require a separate permit. Failure to obtain this authorization prior to
construction could subject you to enforcement action and possible penalties.
AUTHORIZED BY: St. Johns River Water Management District
Division of Regulatory Engineering and Environmental Services
David Miracle
Regulatory Coordinator
"EXHIBIT A"
CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 144550-2
Tulip Drainage Improvement
DATED May 23, 2016
1. The general permit is valid only for the specific activity indicated. Any deviation from the
specified activity and the conditions for undertaking that activity shall constitute a violation
of the permit and may subject the permittee to enforcement action and revocation of the
permit under Chapter 373, F.S.
2. This general permit does not eliminate the necessity to obtain any required federal, state,
local and special district authorizations prior to the start of any construction, alteration,
operation, maintenance, removal or abandonment authorized by this permit.
3. This general 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 general permit.
4. The general permit does not relieve the permittee from liability and penalties when the
permitted activity causes harm or injury to: human health or welfare; animal, plant or
aquatic life; or property. It does not allow the permittee to cause pollution that violates state
water quality standards.
5. Section 253.77, F.S., provides that a person may not commence any excavation,
construction, or other activity involving the use of state-owned or other lands of the state,
the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund
without obtaining the required consent, lease, easement, or other form of authorization
authorizing the proposed use. Therefore, the permittee is responsible for obtaining any
necessary authorizations from the Board of Trustees prior to commencing activity on state-
owned lands.
6. The authorization to conduct activities under a general permit may be modified, suspended
or revoked in accordance with Chapter 120, F.S., and Section 373.429, F.S.
7. This permit shall not be transferred to a third parry except pursuant to Rule 62-330.340,
F.A.C. The permittee transferring the general permit shall remain liable for any corrective
actions that may be required as a result of any permit violations prior to sale, conveyance,
or other transfer of ownership or control of the permitted project, activity, or the real
property at which the permitted project or activity is located.
8. Upon reasonable notice to the permittee, Agency staff with proper identification shall have
permission to enter, inspect, sample and test the permitted system to ensure conformity
with the plans and specifications approved by the permit.
9. The permittee shall maintain any permitted project or activity in accordance with the plans
submitted to the Agency and authorized in this general permit.
10. A permittee's right to conduct a specific activity under this general permit is authorized for a
duration of five years.
11. Activities shall be conducted in a manner that does not cause or contribute to violations of
state water quality standards. Performance-based erosion and sediment control best
management practices shall be implemented and maintained immediately prior to, during,
and after construction as needed to stabilize all disturbed areas, including other measures
specified in the permit to prevent adverse impacts to the water resources and adjacent
lands. Erosion and sediment control measures shall be installed and maintained in
accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer
Manual (Florida Department of Environmental Protection and Florida Department of
Transportation June 2007), available at
www.dei).state.fl.us/water/wetlands/docs/erp/FLErosionSedimentManual 6 07.1)df, and
the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida
Department of Environmental Protection, Nonpoint Source Management Section,
Tallahassee, Florida, July 2008), available at
www.dep.state.fl.us/water/nonpoint/docs/erosion/erosion-inspectors-manual.pdf.
12. Unless otherwise specified in the general permit, temporary vehicular access within
wetlands during construction shall be performed using vehicles generating minimum
ground pressure to minimize rutting and other environmental impacts. Within forested
wetlands, the permittee shall choose alignments that minimize the destruction of mature
wetland trees to the greatest extent practicable. When needed to prevent rutting or soil
compaction, access vehicles shall be operated on wooden, composite, metal, or other non -
earthen construction mats. In all cases, access in wetlands shall comply with the following:
(a) Access within forested wetlands shall not include the cutting or clearing of any native
wetland tree having a diameter 4 inches or greater at breast height;
(b) The maximum width of the construction access area shall be limited to 15 feet;
(c) All mats shall be removed within 72 hours after the work commences; and
(d) Areas disturbed for access shall be restored to natural grades immediately after the
maintenance or repair is completed.
13. Barges or other work vessels used to conduct in -water activities shall be operated in a
manner that prevents unauthorized dredging, water quality violations, and damage to
submerged aquatic communities.
14. The construction, alteration, or use of the authorized project shall not adversely impede
navigation or create a navigational hazard in the water body.
15. Except where specifically authorized in a general permit, activities must not:
(a) Impound or obstruct existing water flow, cause adverse impacts to existing surface
water storage and conveyance capabilities, or otherwise cause adverse water quantity or
flooding impacts to receiving water and adjacent lands;
(b) Cause an adverse impact to the maintenance of surface or ground water levels or
surface water flows established pursuant to Section 373.042, F.S., or a Works of the
District established pursuant to Section 373.086, F.S.; or
16. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal
implements, dugout canoes, or any other physical remains that could be associated with
Native American cultures, or early colonial or American settlement are encountered at any
time within the project site area, work involving subsurface disturbance in the immediate
vicinity of such discoveries shall cease. The permittee or other designee shall contact the
Florida Department of State, Division of Historical Resources, Compliance and Review
Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency
office. Such subsurface work shall not resume without verbal or written authorization from
the Division of Historical Resources. If unmarked human remains are encountered, all work
shall stop immediately and notification shall be provided in accordance with Section
872.05, F.S.
17. The activity must be capable, based on generally accepted engineering and scientific
principles, of being performed and of functioning as proposed, and must comply with any
applicable District special basin and geographic area criteria.
18. The permittee shall comply with the following when performing work within waters
accessible to federally- or state -listed aquatic species, such as manatees, marine turtles,
smalltooth sawfish, and Gulf sturgeon:
(a) All vessels associated with the project shall operate at "Idle Speed/No Wake" at all
times while in the work area and where the draft of the vessels provides less than a four -
foot clearance from the bottom. All vessels will follow routes of deep water whenever
possible.
(b) All deployed siltation or turbidity barriers shall be properly secured, monitored, and
maintained to prevent entanglement or entrapment of listed species.
(c) All in -water activities, including vessel operation, must be shutdown if a listed species
comes within 50 feet of the work area. Activities shall not resume until the animal(s) has
moved beyond a 50 -foot radius of the in -water work, or until 30 minutes elapses since the
last sighting within 50 feet. Animals must not be herded away or harassed into leaving. All
on-site project personnel are responsible for observing water -related activities for the
presence of listed species.
(d) Any listed species that is killed or injured by work associated with activities performed
shall be reported immediately to the Florida Fish and Wildlife Conservation Commission
(FWC) Hotline at 1(888)404-3922 and ImperiledSpeciesOmvFWC.com.
(e) Whenever there is a spill or frac-out of drilling fluid into waters accessible to the above
species during a directional drilling operation, the FWC shall be notified at
imperiledspecies@myfwc.com with details of the event within 24 hours following detection
of the spill or frac-out.
19. The permittee shall hold and save the Agency harmless from any and all damages, claims,
or liabilities which may arise by reason of the construction, alteration, operation,
maintenance, removal, abandonment or use of any activity authorized by the general
permit.
20. The permittee shall immediately notify the Agency in writing of any submitted information
that is discovered to be inaccurate.
21. Within 30 days after completion of construction, a registered professional shall submit
certification that construction was completed in substantial conformance with the plans and
calculations that were submitted in the notice to use this general permit.
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
Clerkftsirwmd.com, within twenty-six (26) days of the District depositing the 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 the 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. 4 below.
2. Please be advised that if you wish to dispute this District decision, mediation may be
available and that choosing mediation does not affect your right to an administrative
hearing. If you wish to request mediation, you must do so in a timely -filed petition. If all
parties, including the District, agree to the details of the mediation procedure, in writing,
within 10 days after the time period stated in the announcement for election of an
administrative remedy under Sections 120.569 and 120.57, Florida Statutes, the time
limitations imposed by Sections 120.569 and 120.57, Florida Statutes, shall be tolled to
allow mediation of the disputed District decision. The mediation must be concluded within
60 days of the date of the parties' written agreement, or such other timeframe agreed to
by the parties in writing. Any mediation agreement must include provisions for selecting a
mediator, a statement that each party shall be responsible for paying its pro -rata share of
the costs and fees associated with mediation, and the mediating parties' understanding
regarding the confidentiality of discussions and documents introduced during mediation.
If mediation results in settlement of the administrative dispute, the District will enter a final
order consistent with the settlement agreement. If mediation terminates without
settlement of the dispute, the District will notify all the parties in writing that the
administrative hearing process under Sections 120.569 and 120.57, Florida Statutes, is
resumed. Even if a parry chooses not to engage in formal mediation, or if formal
mediation does not result in a settlement agreement, the District will remain willing to
engage in informal settlement discussions.
3. 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
4. A petition for an administrative hearing is deemed filed upon receipt of the complete
petition by the District Clerk at the District Headquarters in Palatka, Florida during the
District's regular business hours. The District's regular business hours are 8:00 a.m. —
5:00 p.m., excluding weekends and District holidays. Petitions received by the District
Clerk after the District's regular business hours shall be deemed filed as of 8:00 a.m. on
the District's next regular business day. The District's acceptance of petitions filed by e-
mail is subject to certain conditions set forth in the District's Statement of Agency
Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative
Code), which is available for viewing at floridaswater.com. These conditions include, but
are not limited to, the petition being in the form of a PDF or TIFF file and being capable of
being stored and printed by the District. Further, pursuant to the District's Statement of
Agency Organization and Operation, attempting to file a petition by facsimile is prohibited
and shall not constitute filing.
5. Failure to file a petition for an administrative hearing within the requisite timeframe shall
constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, Florida
Administrative Code).
6. 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.
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.
8. A District action is considered rendered, as referred to in paragraph no. 7 above, after it is
signed on behalf of the District and filed by the District Clerk.
9. Failure to observe the relevant timeframes for filing a petition for judicial review as
described in paragraph no. 7 above will result in waiver of that right to review.
NOR . Decisi on. DOC.001
Revised 12.7.11
Notice of Rights
Certificate of Service
I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent to the
permittee:
City of Sebastian
1225 Main St
Sebastian, FL 32958-4165
This 23rd day of May, 2016.
Margaret Daniels, Office Director
Office of Business and Administrative Services
St. Johns River Water Management District
4049 Reid Street
Palatka, FL 32177-2529
(386) 329-4570
Permit Number: 144550-2
NOTICING INFORMATION
Dear Permittee:
Please be advised that the St. Johns River Water Management District will not publish a notice
in the newspaper advising the public that it has issued a permit for this project.
Newspaper publication, using the District's notice form, notifies members of the public of their
right to challenge the issuance of the permit. If proper notice is given by newspaper
publication, then there is a 21 -day time limit for someone to file a petition for an administrative
hearing to challenge the issuance of the permit.
To close the point of entry for filing a petition, you may publish (at your own expense) a one-
time notice of the District's decision in a newspaper of general circulation within the affected
area as defined in Section 50.011 of the Florida Statutes. If you do not publish a newspaper
notice to close the point of entry, the time to challenge the issuance of your permit will not
expire and someone could file a petition even after your project is constructed.
A copy of the notice form and a partial list of newspapers of general circulation are attached for
your convenience. However, you are not limited to those listed newspapers. If you choose to
close the point of entry and the notice is published, the newspaper will return to you an affidavit
of publication. In that event, it is important that you either submit a scanned copy of the
affidavit by emailing it to compliancesupport@sjrwmd.com (preferred method) or send a copy
of the original affidavit to:
Margaret Daniels, Office Director
Office of Business and Administrative Services
4049 Reid Street
Palatka, FL 32177
If you have any questions, please contact the Office of Business and Administrative Services
at (386) 329-4570.
Sincerely,
Margaret Daniels, Office Director
Office of Business and Administrative Services
NOTICE OF AGENCY ACTION TAKEN BY THE
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
Notice is given that the following permit was issued on
(Name and address of applicant)
permit# . The project is located in County, Section
, Township South, Range East. The permit authorizes a surface
water management system on acres for
known as
The receiving water body is
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 (F.A.C.), the petition must be filed (received) either by delivery at the office of the District
Clerk at District Headquarters, P.O. Box 1429, Palatka FL 32178-1429 (4049 Reid St, Palatka,
FL 32177) or by e-mail with the District Clerk at Clerk@sjrwmd.com, 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 (F.S.), and Chapter 28-106, F.A.C. The
District will not accept a petition sent by facsimile (fax). Mediation pursuant to Section 120.573,
F.S., may be available and choosing mediation does not affect your right to an administrative
hearing.
A petition for an administrative hearing is deemed filed upon receipt of the complete petition by
the District Clerk at the District Headquarters in Palatka, Florida during the District's regular
business hours. The District's regular business hours are 8 a.m. — 5 p.m., excluding weekends
and District holidays. Petitions received by the District Clerk after the District's regular business
hours shall be deemed filed as of 8 a.m. on the District's next regular business day. The
District's acceptance of petitions filed by e-mail is subject to certain conditions set forth in the
District's Statement of Agency Organization and Operation (issued pursuant to Rule 28-
101.001, Florida Administrative Code), which is available for viewing at floridaswater.com.
These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF
file and being capable of being stored and printed by the District. Further, pursuant to the
District's Statement of Agency Organization and Operation, attempting to file a petition by
facsimile (fax) is prohibited and shall not constitute filing.
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. 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, F.A.C.).
If you wish to do so, please visit http://floridaswater.com/nor_dec/ to read the complete Notice of
Rights to determine any legal rights you may have concerning the District's decision(s) on the
permit application(s) described above. You can also request the Notice of Rights by contacting
the Director of Regulatory Support, 4049 Reid St., Palatka, FL 32177-2529, tele. no. (386)329-
4570.
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