HomeMy WebLinkAbout2005 - Dewatering PermitSt. JQhns liver
Water Management District
Kirby B. Green III, Executive Director • David W. Fisk, Assistant Executive Director
4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • (386) 329-4500
On the Internet at www.sjrwmd.com.
REGULATION OF STORMWATER MANAGEMENT SYSTEMS
CHAPTER 40C-42, F.A.C.
PERMIT NO. 42-061-98241-1 DATE ISSUED: May 19, 2005
A PERMIT AUTHORIZING:
Construction of a Stormwater Management System with stormwater treatment by exfiltration
trench and retention for Daniels Contractor Trades Bldg., a .45 -acre project to be constructed as
per plans received by the District on May 11, 2005.
LOCATION:
Section(s): 6 Township(s): 31S Range(s): 39E
Indian River County
Daniels Antiques
2520 SW 30th Avenue
Hallandale, FL 33009
This document shall serve as the formal permit for construction and operation of stormwater
management system in accordance with Chapter 40C-42, F.A.C., issued by the staff of the St.
Johns River Water Management District on May 19, 2005. This permit is subject to the
standard limiting conditions and other special conditions approved by the staff. These
conditions are enclosed.
This permit is a legal document and should be kept with your other important records. The
permit requires the submittal of an As -built certification and may require submittal of other
documents. All information provided in compliance with permit conditions should be submitted
to the District office from which the permit was issued. An As -built certification form is attached.
Complete this form within 30 days of completion of construction of the permitted system,
including all site work.
Upon receipt of the As -built certification, staff will inspect the project site. Once the project is
found to be in compliance with all permit requirements, the permit may be converted to its
operation phase and responsibility transferred to the operation and maintenance entity in
accordance with Chapter 40C-42.028, F.A.C.
Permit issuance does not relieve you from the responsibility for obtaining permits from any
federal, state, and/or local agencies asserting concurrent jurisdiction over this work. Please
ERNINO BOARD
Ometrias D. Long, CHAIRMAN David G. Graham, VICE CHAIRMAN R. Clay Albright, SECRETARY Duane Ottenstmer, TREASURER
APOPKA JACKSONVILLE OCAtA - JACKSONVILLE
W. Michael Branch John G. Sowinski William Kerr Ann T. Moore Susan N. Hughes
___ . _. ._ . -__. ...-_ ,,,muni ,Aruennnm IP
note that if dewatering is to occur during any phase of construction or thereafter and the surface
water pump(s), wells, or facilities are capable of withdrawing one million gallons of water per
day or more, or an average of 100,000 gallons per day or more over a year, and any discharge
is to be off-site, you must apply for and obtain a Consumptive Use Permit (40C-2) from the
District prior to starting the dewatering. Please contact the District if you need additional
information or application materials.
Permittee agrees to hold and save the St. Johns River Water Management District and its
successors harmless from any and all damages, claims, or liabilities which may arise from
permit issuance. Said application, including all plans and specifications attached thereto, is by
reference made a part thereof.
This permit does not convey to Permittee any property rights nor any rights or privileges other
than those specified herein, nor relieve the Permittee from complying with any law, regulation or
requirement affecting the rights of other bodies or agencies. All structures and works installed
by Permittee hereunder shall remain the property of the Permittee.
This permit may be revoked, modified, or transferred at any time pursuant to the appropriate
provisions of Chapter 373, Florida Statutes.
In the event you sell your property, the permit will be transferred to the new owner, if we are
notified by you within thirty days of the sale. Please assist us in this matter so as to maintain a
valid permit for the new property owner.
Thank you for your cooperation, and if this office can be of any further assistance to you, please
do not hesitate to contact us.
Fariborz Zanganeh, Supervising Prof Engineer - Palm Bay
Department of Water Resources
Enclosures: As -built Certification Form
Exhibit A
cc: District Permit File
Agent: Schulke, Bittle and Stoddard, LLC
1717 Indian River Boulevard, Suite 301
Vero Beach, FL 32960
Consultant: Schulke, Bittle and Stoddard, LLC
1717 Indian River Boulevard, Suite 301
Vero Beach, FL 32960
"EXHIBIT A"
CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 42-061-98241-1
DANIELS ANTIQUES
DATED MAY 19, 2005
1. This permit for construction will expire five years from the date of issuance unless otherwise
specified by a special condition of the permit.
2. Permittee must obtain a permit from the District prior to beginning construction of
subsequent phases or any other work associated with this project not specifically authorized
by this permit.
3. Before any offsite discharge from the stormwater management system occurs, the retention
and detention storage must be excavated to rough grade prior to building construction or
placement of impervious surface within the area served by those systems. Adequate
measures must be taken to prevent siltation of these treatment systems and control
structures during construction or siltation must be removed prior to final grading and
stabilization.
4. The permittee must maintain a copy of this permit complete with all conditions, attachments,
exhibits, and permit modification in good condition at the construction site. The complete
permit must be available for review upon request by District representatives. The permittee
shall require the contractor to review the complete permit prior to commencement of the
activity authorized by this permit.
5. All activities shall be implemented as set forth in the plans, specifications and performance
criteria as approved by this permit. Any deviation from the permitted activity and the
conditions for undertaking that activity shall be considered a violation of this permit.
6. District authorized staff, upon proper identification, must be granted permission to enter,
inspect and observe the system to insure conformity with the plans and specifications
approved by the permit.
7. Prior to and during construction, the permittee shall implement and maintain all erosion and
sediment control measures (best management practices) required to retain sediment on-site
and to prevent violations of state water quality standards. All practices must be in
accordance with the guidelines and specifications in chapter 6 of the Florida Land
Development Manual: A Guide to Sound Land and Water Management (Florida Department
of Environmental Regulation 1988), which are hereby incorporated by reference, unless a
project specific erosion and sediment control plan is approved as part of the permit, in which
case the practices must be in accordance with the plan. If site specific conditions require
additional measures during any phase of construction or operation to prevent erosion or
control sediment, beyond those specified in the erosion and sediment control plan, the
permittee shall implement additional best management practices as necessary, in
accordance with the specification in chapter 6 of the Florida Land Development Manual: A
guide to Sound Land and Water Management (Florida Department of Environmental
Regulation 1988). The permittee shall correct any erosion or shoaling that causes adverse
impacts to the water resources.
8. If the permitted system was designed by a registered professional, within 30 days after
completion of the stormwater system, the permittee must submit to the District the following:
District Form No. 40C-1.181(13) (As built Certification By a Registered Professional),
signed and sealed by an appropriated professional registered in the State of Florida, and
two (2) sets of "As Built' drawings when a) required by a special condition of this permit, b)
the professional uses "As Built' drawings to support the As Built Certification, or c) when the
completed system substantially differs from permitted plans. This submittal will serve to
notify the District staff that the system is ready for inspection and approval.
9. If the permitted system was not designed by a registered professional, within 30 days after
completion of the stormwater system, the permittee must submit to the District the following:
District Form No. 40C-1.181(14) (As built Certification), signed by the permittee and two (2)
sets of "As Built" drawings when required by a special condition of this permit, or when the
completed system substantially differs from permitted plans. This submittal will serve to
notify the District staff that the system is ready for inspection and approval.
10. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas
as soon as practicable in portions of the site where construction activities have temporarily
or permanently ceased, but in no case more than seven (7) days before the construction
activity in that portion of the site has temporarily or permanently ceased.
11. Should any other regulatory agency require changes to the permitted system, the permittee
shall provide written notification to the District of the Changes prior to implementation so that
a determination can be made whether a permit modification is required.
12. Within thirty (30) days after sale or conveyance of the permitted stormwater management
system or the real property on which the system is located, the owner in whose name the
permit was granted shall notify the District of such change of ownership. Transfer of the
permit shall be in accordance with the provisions of section 40C-612, F.A.C. All terms and
conditions of this permit shall be binding upon the transferee. The permittee transferring the
permit shall remain liable for any corrective actions that may be required as a result of any
permit violations prior to such sale, conveyance or other transfer.
13. The stormwater management system must be completed in accordance with the permitted
plans and permit conditions prior to the initiation of the permitted use of site infrastructure.
The system must be completed in accordance with the permitted plans and permit
conditions prior to transfer of responsibility for operation and maintenance of the stormwater
management system to a local government or other responsible entity.
14. The operation phase of the permit shall not become effective until the requirements of
Condition No..8 or 9 have been met, the district determines that the system complies with
the permitted plans, and the entity approved by the District in accordance with section 40C-
42.027, F.A.C., accepts responsibility for operation and maintenance of the system. The
permit cannot be transferred to such an approved, responsible operation and maintenance
entity until the requirements of section 40C-42.028, F.A.C., are met, and the operation
phase of the permit becomes effective. Following inspection and approval of the permitted
system by the District in accordance with section 40C-42.028, F.A.C., the permittee shall
request transfer of the permit to the responsible approved operation and maintenance entity,
if different from the permittee. Until the permit is transferred pursuant to subsection 40C-
42.028 (4) F.A.C., the permittee shall be liable for compliance with the terms of the permit.
15. Prior to lot or unit sales, or upon completion of construction of the system, whichever occurs
first, the District must receive the final operation and maintenance document(s) approved by
the District and recorded, if the latter is appropriate. For those systems which are proposed
to be maintained by county or municipal entities, final operation and maintenance
documents must be received by the District when maintenance and operation of the system
is accepted by the local government entity, Failure to submit the appropriate final document
will result in the permittee remaining personally liable for carrying out maintenance and
operation of the permitted system.
16. This permit does not eliminate the necessity to obtain any required federal, state, local and
special district authorizations prior to the start of any activity approved by this permit. This
permit does not convey to the permittee or create in the permittee any property right, or any
interest in real property, nor does it authorize any entrance upon or activities on property
which is not owned or controlled by the permittee, or convey any rights or privileges other
than those specified in the permit and Chapter 40C-42.028, F.A.C.
17. The permittee shall hold and save the District harmless from any and all damages, claims,
or liabilities which may arise by reason of the activities authorized by the permit or any use
of the permitted system.
18. The permittee shall immediately notify the District in writing of any previously submitted
information that is later discovered to be inaccurate.
19. Activities approved by this permit shall be conducted in a manner which do not cause
violations of state water quality standards.
20. 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.
21. 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.
22. 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 shall submit an Exceptions Report on form number 400-
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.
Notice Of Rights
A person whose substantial interests are or may be determined has the right to request
an administrative hearing by filing a written petition with the St. Johns River Water
Management District (District), or may choose to pursue mediation as an alternative
remedy under Sections 120.569 and 120.573, Florida Statutes, before the deadline for
filing a petition. Choosing mediation will not adversely affect the rights to a hearing if
mediation does not result in a settlement. The procedures for pursuing mediation are
set forth in Sections120.569 and 120.57, Florida Statutes, and Rules 28-106.111 and
28-106.401-.405, Florida Administrative Code. Pursuant to Chapter 28-106 and Rule
40C-1.1007, Florida Administrative Code, the petition must be filed at the office of the
District Clerk at District Headquarters, P. O. Box 1429, Palatka, Florida 32178-1429
(4049 Reid St., Palatka, FL 32177) within twenty-six (26) days of the District depositing
notice of District decision in the mail (for those persons to whom the District mails actual
notice) or within twenty-one (21) days of newspaper publication of the notice of District
decision (for those persons to whom the District does not mail actual notice). A petition
must comply with Chapter 28-106, Florida Administrative Code.
2. If the Governing Board takes action which substantially differs from the notice of District
decision, a person whose substantial interests are or may be determined has the right to
request an administrative hearing or may choose to pursue mediation as an alternative
remedy as described above. Pursuant to District Rule 40C-1.1007, Florida
Administrative Code, the petition must be filed at the office of the District Clerk at the
address described above, within twenty-six (26) days of the District depositing notice of
final District decision in the mail (for those persons to whom the District mails actual
notice) or within twenty-one (21) days of newspaper publication of the notice of its final
agency action (for those persons to whom the District does not mail actual notice). Such
a petition must comply with Rule Chapter 28-106, Florida Administrative Code.
3. A substantially interested person has the right to a formal administrative hearing
pursuant to Section 120.569 and 120.57(1), Florida Statutes, where there is a dispute
between the District and the party regarding an issue of material fact. A petition for
formal must comply with the requirements set forth in Rule 28-106.201, Florida
Administrative Code.
4. A substantially interested person has the right to an informal hearing pursuant to
Sections 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute.
A petition for an informal hearing must comply with the requirements set forth in Rule
28-106.301, Florida Administrative Code.
5. A petition for an administrative hearing is deemed filed upon delivery of the petition to
the District Clerk at the District headquarters in Palatka, Florida.
6. Failure to file a petition for an administrative hearing, within the requisite time frame shall
constitute a waiver of the right to an administrative hearing (Section 28-106.111, Florida
Administrative Code).
7. The right to an administrative hearing and the relevant procedures to be followed are
governed by Chapter 120, Florida Statutes, and Chapter 28-106, Florida Administrative
Code and Section 40C-1.1007, Florida Administrative Code.
Notice Of Rights
8. An applicant with a legal or equitable interest in real property who believes that a District
permitting action is unreasonable or will unfairly burden the use of his property, has the
right to, within 30 days of receipt of notice of the District's written decision regarding a
permit application, apply for a special master proceeding under Section 70.51, Florida
Statutes, by filing a written request for relief at the office of the District Clerk located at
District headquarters, P. O. Box 1429, Palatka, FL 32178-1429 (4049 Reid St., Palatka,
Florida 32177). A request for relief must contain the information listed in Subsection
70.51(6), Florida Statutes.
9. A timely filed request for relief under Section 70.51, Florida Statutes, tolls the time to
request an administrative hearing under paragraph no. 1 or 2 above (Paragraph
70.51(10)(b), Florida Statutes). However, the filing of a request for an administrative
hearing under paragraph no. 1 or 2 above waives the right to a special master
proceeding (Subsection 70.51 (1 0)(b), Florida Statutes).
10. Failure to file a request for relief within the requisite time frame shall constitute a waiver
of the right to a special master proceeding (Subsection 70.51(3), Florida Statutes).
11. Any substantially affected person who claims that final action of the District constitutes
an unconstitutional taking of property without just compensation may seek review of the
action in circuit court pursuant to Section 373.617, Florida Statutes, and the Florida
Rules of Civil Procedures, by filing an action in circuit court within 90 days of the
rendering of the final District action, (Section 373.617, Florida Statutes).
12. Pursuant to Section 120.68, Florida Statutes, a person who is adversely affected by final
District action may seek review of the action in the District Court of Appeal by filing a
notice of appeal pursuant to the Florida Rules of Appellate Procedure within 30 days of
the rendering of the final District action.
13. A party to the proceeding before the District who claims that a District order is
inconsistent with the provisions and purposes of Chapter 373, Florida Statutes, may
seek review of the order pursuant to Section 373.114, Florida Statutes, by the Florida
Land and Water Adjudicatory Commission, by filing a request for review with the
Commission and serving a copy on the Department of Environmental Protection and any
person named in the order within 20 days of adoption of a rule or the rendering of the
District order.
14. For appeals to the District Court of Appeal, a District action is considered rendered after
it is signed on behalf of the District, and is filed by the District Clerk.
15. Failure to observe the relevant time frames for filing a petition for judicial review
described in paragraphs #11 and #12, or for Commission review as described in
paragraph #13, will result in waiver of that right to review.
Notice Of Rights
Certificate of Service
I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent by U.S.
Mail to:
Daniels Antiques
2520 SW 30th Avenue
Hallandale, FL 33009
At 4:00 p.m. this 19th day of May 2005.
Division of Permit Vata S rvices
Gloria Lewis, Yect
St. Johns River Water Management District
Post Office Box 1429
Palatka, FL 32178-1429
(386) 329-4152
Permit Number: 42-061-98241-1