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HomeMy WebLinkAbout2001 08 07 - Permit(FuSt. Jo ns River Water Management District Kirby B. Green III, Executive Director • John R. Wehle, Assistant Executive Director Post Office Box 1429 • Palatka, FL 32178-1429 • (386) 329-4500 August 7, 2001 Indian River County Board of County Commissioners Christopher J. Kafer Jr P.E. 1840 25th Street Gifford, FL 32960 SUBJECT: Permit Number 4-061-56415-1 CR 512 Corridor Imprments Phase I and II Dear Sir/Madam: 9p FN��F� AGI Enclosed is your permit as authorized by the Governing Board of the St. Johns River Water Management District on August 7, 2001. 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. In the event you sell your property, the permit can 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 hestitate to contact us. Sincer y C I l lre Permit Data Se ces Division Enclosures: Permit with EN Form(s), if applicable cc: District Permit File Consultant: Masteller & Moler, Inc. 2205 14th Avenue Vero Beach, FL 32960 GOVERNING BOARD William Kerr, cHgq Ometrias D.Long, vICEGWRMAN Jeff K. Jennings, sEcrrua Duane OKenstroer,TRIMUnal MU=MNEBEACH APOPKA MAmANO JAONgowviu Ann L Moore Michael Branch Catherine A. Walker Clay Albright David G. Graham SUMELL FERNANDMSEACH ALTW=ESPRINGe BAS MEWBR JACKGMILLE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 Palatka, Florida 32178-1429 PERMIT NO. 4-061-56415-1 DATE ISSUED:Auqust 7, 2001 PROJECT NAME: CR 512 Corridor Imorments Phase I and II A PERMIT AUTHORIZING: the construction of a surface water management system to serve the widening of the existing two-lane County Road 512 to four lanes. LOCATION: Section(s): 14, 20, 21, 22, 23 Township(s): 31S Range(s): 38E Indian River County ISSUED TO: Indian River County Board of County Commissioners 1840 25th Street Gifford, FL 32960 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 therein, 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 August 7, 2001 AUTHORIZED BY: St. Johns River Water Management District Department of Water Resources By: (Director) Jeff Elledge Governing Board � 1 By: (Assistant Secretary) Kirby B. Green III "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 4-061-56415-1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DATED AUGUST 7, 2001 All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications, shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which do not cause violations of state water quality standards. 4. Prior to and during construction, the permittee shall implement and maintain all erosion and sediment control measures (best management practices) required to retain sediment on-site and to prevent violations of state water quality standards. All practices must be in accordance with the guidelines and specifications in chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988), which are incorporated by reference, unless a project specific erosion and sediment control plan is approved as part of the permit, in which case the practices must be in accordance with the plan. If site specific conditions require additional measures during any phase of construction or operation to prevent erosion or control sediment, beyond those specified in the erosion and sediment control plan, the permittee shall implement additional best management practices as necessary, in accordance with the specifications in chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental 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. 50C-4.900(4). These forms shall be submitted during June of each year. 8. For those systems which will be operated or maintained by an entity which will require an easement or deed restriction in order to provide that entity with the authority necessary to operate or maintain the system, such easement or deed restriction, together with any other final operation or maintenance documents as are required by subsections 7. 1.1 through 7.1.4 of the Applicant's Handbook: Management and Storage of Surface Waters, must be submitted to the District for approval. Documents meeting the requirements set forth in these subsections of the Applicant's Handbook will be approved. Deed restrictions, easements and other operation and maintenance documents which require recordation either with the Secretary of State or the Clerk of the Circuit Court must be so recorded prior to lot or unit sales within the project served by the system, or upon completion of construction of the system, whichever occurs first. For those systems which are proposed to be maintained by county or municipal entities, final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local governmental entity. Failure to submit the appropriate final documents referenced in this paragraph will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system. 9. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by the portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to local government or other responsible entity. 10. Within 30 days after completion of construction of the permitted system, or independent portion of the system, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing As Built Certification Form 40C-1.181(13) or 40C-1.181(14) supplied with this permit. When the completed system differs substantially from the permitted plans, any substantial deviations shall be noted and explained and two copies of as -built drawings submitted to the District. Submittal of the completed from shall serve to notify the District that the system is ready for inspection. The statement of completion and certification shall be based on on-site observation of construction (conducted by the registered professional engineer, or other appropriate individual as authorized by law, or under his or her direct supervision) or review of as -built drawings for the purpose of determining if the work was completed in compliance with approved plans and specifications. As -built drawings shall be the permitted drawings revised to reflect any changes made during construction. Both the original and any revised specifications must be clearly shown. The plans must be clearly labeled as "as -built" or "record" drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. The following information, at a minimum, shall be verified on the as -built drawings: 1. Dimensions and elevations of all discharge structures including all weirs, slots, gates, pumps, pipes, and oil and grease skimmers; 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. 11. The operation phase of this permit shall not become effective until the permittee has complied with the requirements of general condition 9 above, the District determines the system to be in compliance with the permitted plans, and the entity approved by the District in accordance with subsections 7.1.1 through 7.1.4 of the Applicant's Handbook: Management and Storage of Surface Waters, accepts responsibility for operation and maintenance of the system. The permit may not be transferred to such an approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall request transfer of the permit to the responsible approved operation and maintenance entity, if different from the permittee. Until the permit is transferred pursuant to section 7.1 of the Applicant's Handbook: Management and Storage of Surface Waters, the permittee shall be liable for compliance with the terms of the permit. 12. Should any other regulatory agency require changes to the permitted system, the permittee shall provide written notification to the District of the changes prior implementation so that a determination can be made whether a permit modification is required. 13. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in thapermittee 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 section 373.421(2), F.S., 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 section 40C-1.612, F.A.C. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the District. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. 20. This permit for construction will expire five years from the date of issuance. 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 Permittee must furnish the District with two copies of an annual monitoring report in the month of August on District form EN -55, for the time period stated in this permit's success criteria condition. 24. Successful establishment of the wetland mitigation will have occurred when: a. At least 80 percent of the planted individuals in each stratum have survived throughout the monitoring period and are showing signs of normal growth, based upon standard growth parameters such as height and base diameter, or canopy circumference; and, b. At least 80 percent cover by appropriate wetland herbaceous species has been obtained; and, c. Hydrologic conditions generally conform to those specified in the mitigation plan; and, d. The above criteria have been achieved by the end of a 5 -year period following initial planting. 25. If successful establishment has not occurred as stated above, the permittee must apply to the District for a permit modification no later than 30 days following the termination of the monitoring period. The application must include a narrative describing the type and causes of failure and contain a complete set of plans for the redesign and/or replacement planting of the wetland mitigation area so that the success criteria will be achieved. Within 30 days of District approval and issuance of the permit modification, the permittee must implement the redesign and/or replacement planting. Following completion of such work, success criteria as stated above or modified by subsequent permit must again be achieved. In addition, the monitoring required by these conditions must be conducted. 26. In the event that 50% or greater mortality of planted wetland species in any stratum within the mitigation area occurs, the Permittee must undertake a remediation program approved by District staff. Mitigation and monitoring must be in accordance with Sheet 31 of 89 received by the District on September 7, 2000, and with the responses received by the District on August 7, 2000, February 3, 2000, and November 4, 1999. 28. The Denton parcel must be purchased and preserved by a conservation easement approved by the District prior to commencement of any work under this permit. 29. The Denton parcel must be maintained free of exotic and nuisance vegetation in perpetuity. 30. Myrtle eradication in Mitigation Area 3, and all ditch filling, must be conducted under the guidance and approval of the Buffer Preserve manager. 31. Mitigation ditch filling must be completed prior to impacting any of the wetlands for which mitigation is required. 32. Vegetative enhancement (exotic and nuisance species removal and native vegetation planting) on the Denton parcel must be in accordance with Item 5 of the Masteller and Molar letter received by the District on August 7, 2000, and be completed prior to bridge construction. 33. Locations for hydrologic and vegetative monitoring of the Buffer Preserve enhancement areas must be approved in the field by the District. 34. Baseline hydrologic and vegetative monitoring of the Buffer Preserve enhancement areas must commence within 45 days of permit issuance. 35. For activities on sovereign submerged lands that require a lease, easement, management agreement, or use agreement, construction must not commence until the sovereign submerged lands instrument has been fully executed. 36. The project must be constructed as per plans received by the District on December 4, 1998.