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HomeMy WebLinkAbout2009 - City Council Contract ApprovalLetter of Transmittal Neel -Schaffer, Inc. NEEL-5CHAFFER 1705 19�h Place, Suite G-3 Vero Beach, Florida 32960 _ Solutions you can build upon Phone: (772) 770-4707 Fax: (772) 770-4640 TO Mr. AI Minner City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Date 07-06-09 Project Name George Street Ditch NS Proj. No. NS.07600.000 Client Proj. No. WE ARE SENDING YOU THE FOLLOWING: Submittal No. X Attached Separately via: Drawings Copy of Letter Original X Plans Change Order Specifications ACOE/SJRWMD Permit EShop HxOther: 0= These are transmitted as checked below: As Requested For Approval For Review & Comment x For Use/Information PC= Photocopy PR= Print R= Reproducible No. T pe Date Description 1 O 07-06-09 Signed and Sealed George Street Drainage Improvements Plans (24"x36") 1 PC 06-16-09 Department of the Army Permit 1 PC 06-25-09 St Johns River Water Management District Permit REMARKS: Copy: File NEEL-SCHAFFER, INC. By: Leslie Martinez If enclosures are not as noted, please notify us at once. River Aaffmw St. Jq�hns Water Management District IGrby e.ereen III, Executive Director • David W. Fisk, Assistant Executive Director 4049 Reid Street • P.O. Box 1429 - Palatka, FL 32178-1429 • (386) 3294500 June 25, 2009 On the Internet at www.sirwmd.com. City of Sebastian 1225 Main St Sebastian, FL 32958 SUBJECT: Permit Number 40-061-18714-4 George St. Ditch Dear Sir/Madam: Enclosed is your general permit as authorized by the staff of the St. Johns River Water Management District on June 25, 2009. 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 obtalning permits from any federal, state and/or local agencies asserting concurrent jurisdiction for this work. Please be advised that the District has not published a notice in the newspaper advising the public that it is issuing a permit for this proposed project. Publication, using the District form, notifies members of the public (third parties) of their rights to challenge the issuance of the general permit if proper notice is given by publication, third parties have a 21 -day time limit on the time they have to file a petition opposing the issuance of the permit. If you do not publish, a party's right to challenge the issuance of the general permit extends for an indefinite period of time. If you wish to have certainty that the period for filing such a challenge is closed, then you may publish, at your own expense, such a notice In a newspaper of general circulation. A copy of the form of the notice and a list of newspapers of general circulation is attached for your use. In the event you sell your property, the permit will be transferred to the new owner, If we are notified by you within thirty days of the sale and if you provide the information required by 40G 1.612, F.A.C. Please assist us in this matter so as to maintain a valid permit for the new property owner. GOVERNING BOARD Susan N.Hughas, cmFAwi W. Leenanl Wood, vwecrremwr Hersey'HerWHullman,SD,WM Hans G.Tarvter ill, mEml KxMVMAvk F WDmAHE BnEMFISE JACYSCHUM Douglas C. Bourne Michael Enal Maryam H. Ghyabl Richard G. Hamann Aden K.I mper VM0HR.Ee uvnDO OnMOnDBEA mnl FGMlk D( Thank you for your cooperation, and if this office can be of any further assistance to you, please do not hesitate to contact us. Sincerely, �_ /*d & l�hret. Martha Depalma Regulatory Information Management Specialist II Division of Regulatory Information Management Enclosures: Permit with As -built Certification Form Notice of Rights List of Newspapers for Publication cc: District Permit File ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 Palatka, Florida 32178-1429 PERMIT NO. 40-061-113714-4 PROJECT NAME: George St. Ditch A PERMIT AUTHORIZING: DATE ISSUED: June 25, 2009 Construction of roadway pipe and piping a ROW ditch for George Street, a 0.14 - acre project to be constructed as per plans received by the District on June 15, 2009. LOCATION: Section(s): 13,24 Indian River County City of Sebastian 1225 Main St Sebastian, FL 32958 Township(s): 31S Range(s): 38E 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 June 25, 2009 AUTHORIZED BY: St. Johns River Water Management District Department of Resource Management By: (Service Center Director - Palm Bay) John Juilianna "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 40-061-18714-4 CITY OF SEBASTIAN DATED JUNE 25, 2009 1. All activities shall be implemented asset 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 chapter6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988). The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 5. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased. 6. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District a Construction Commencement Notice Form No. 40C-4.900(3) indicating the actual start date and the expected completion date. 7. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an Annual Status Report Form No. 40C-4.900(4). These forms shall be submitted during June of each year. 8. For those systems which will be operated or maintained by an entity which will require an easement or deed restriction in order to provide that entity with the authority necessary to operate or maintain the system, such easement or deed restriction, together with any other final operation or maintenance documents as are required by subsections 7.1.1 through 7.1.4 of the Applicant's Handbook: Management and Storage of Surface Waters, must be submitted to the District for approval. Documents meeting the requirements set forth in these subsections of the Applicant's Handbook will be approved. Deed restrictions, easements and other operation and maintenance documents which require recordation either with the Secretary of State or the Clerk of the Circuit Court must be so recorded prior to lot or unit sales within the project served by the system, or upon completion of construction of the system, whichever occurs first. For those systems which are proposed to be maintained by county or municipal entities, final operation and maintenance documents must be received by the District when maintenance and operation of the system Is accepted by the local governmental entity, Failure to submit the appropriate final documents referenced in this paragraph will result In the permittee remaining liable for carrying out maintenance and operation of the permitted system. 9. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site Infrastructure located within the area served by the portion or phase of the system. Each phase or independent portion of the system must be completed In accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to local government or other responsible entity. 10. Within 30 days after completion of construction of the permitted system, or independent portion of the system, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing As Built Certification Form 40C-1.181(13) or 40C-1.181(14) supplied with this permit When the completed system differs substantially from the permitted plans, any substantial deviations shall be noted and explained and two copies of as -built drawings submitted to the District. Submittal of the completed from shall serve to notify the District that the system is ready for Inspection. The statement of completion and certification shall be based on on-site observation of construction (conducted by the registered professional engineer, or other appropriate individual as authorized by law, or under his or her direct supervision) or review of as -built drawings for the purpose of determining if the work was completed in compliance with approved plans and specifications. As -built drawings shall be the permitted drawings revised to reflect any changes made during construction. Both the original and any revised specifications must be clearly shown. The plans must be clearly labeled as "as -built" or "record" drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. The following information, at.a minimum, shall be verified on the as -built drawings: 1. Dimensions and elevations of all discharge structures including all weirs, slots, gates, pumps, pipes, and oil and grease skimmers; 2. Locations, dimensions, and elevations of all filter, exflltration, 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; B. 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 Appiicant'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 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 notrfication to the District of the changes prior Implementation so that a determination can be made whether a permit modification is required. 13. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does It authorize any entrance upon or activities on property which Is not owned or controlled by the permittee, or convey any rights or privileges other than those specified. In the permit and chapter 4OC-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 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. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. 21. This. permit for construction will expire five years from the date of issuance. 22. 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. 23. 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. 24. 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. 25. The project must be constructed and operated in accordance with the plans received by the District on June 15, 2009. 26. 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. Notice Of Rights A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P. O. Box 1429, Palatka Florida 32178-1429 (4049 Reid St, Palatka, FL 32177) or by e-mail with the District Clerk at ClerkM)sirwmd.com, within twenty-six (26) days of the District depositing notice of District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21) days of the District emailing notice of District decision (for those persons to whom the District emails actual notice), or within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. The District will not accept a petition sent by facsimile (fax), as explained in paragraph no. 5 below. Mediation pursuant to Section 120.573, Florida Statutes, is not available. 2. If the Governing Board takes action that substantially differs from the notice of District decision, a person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the District, but this: request for administrative hearing shall only address the substantial deviation. Pursuant to Chapter 28=106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) at the office of the District Clerk at the mail/street address or email address described in paragraph no. 1 above, within twenty-six (26) days of the District depositing notice of final District decision in the mall (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 maybe affected has the right to an informal administrative hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute. A petition for an informal hearing must also comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code. Notice Of Rights 5. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida. Petitions received by the District Clerk after 5:00 p.m., or on a Saturday, Sunday, or legal holiday, shall be deemed filed as of 8:00 a.m. on the next regular District business day. The District's acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at www.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). The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C-1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. A person whose substantial interests are or may be affected by the District's final action has the right to become a party to the proceeding; in accordance with the requirements set forth above. 8. A person with a legal or equitable interest In real property who believes that a District permitting action is unreasonable or will unfairly burden the use of their property, has the right to, within 30 days of receipt of the notice of District decision regarding a permit application, apply for a special magistrate proceeding under Section 70.51, Florida Statutes, by filing a written request for relief at the Office of the District Clerk located at District Headquarters, P. O. Box 1429, Palatka, FL 32178-1429 (4049 Reid St., Palatka, FL 32177). A request for relief must'contain the information listed In Subsection 70.51(6), Florida Statutes. Requests for relief received by the District Clerk after 5:00 p.m., or on a Saturday, Sunday, or legal holiday, shall be deemed filed as of 8:00 a.m. on the next regular District business day. 9. A timely filed request for relief under Section 70.51, Florida Statutes, tolls the time to request an administrative hearing under paragraph nos. 1 or 2 above. (Paragraph 70.51 (1 0)(b), Florida Statutes). However, the filing of a request for an administrative hearing under paragraph nos. 1 or 2 above waives the right to a special magistrate proceeding. (Subsection 70.51(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). Notice Of Rights 11. Any person whose substantial interests are or may be affected who claims that final action of the District constitutes an unconstitutional taking of property without just compensation may seek review of the action in circuit court pursuant to Section 373.617, Florida Statutes, and the Florida Rules of Civil Procedures, by filing -an action in circuit court within 90 days of rendering of the final District action, (Section 373.617, Florida Statutes). 12. Pursuant to Section 120.68, Florida Statutes, a party to the proceeding before the District who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, within 30 days of the rendering of the final District action. 13. A party to the proceeding before the District who claims that a District order is inconsistent with the provisions and purposes of Chapter 373, Florida Statutes, may seek review of the order pursuant to Section 373.114, Florida Statutes, by the Florida Land and Water Adjudicatory Commission, by filing a request for review with the Commission and serving a copy on the Florida Department of, Environmental Protection and any person named in the order within 20 days of the rendering of the District order. 14. A District action is considered rendered, as referred to in paragraph nos. 11, 12, and 13 above, after it is signed on behalf of the District, and is filed by the District Clerk, 15. Failure to observe the relevant time frames for filing a petition forjudiciai review as described in paragraph nos. 11 and 12 above, or for Commission review as described in paragraph no. 13 above, will result in waiver of that right to review. Notice Of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent by U.S. Mail to: City of Sebastian 1225 Main St Sebastian, FL 32958 At 4:00 p.m. this 25th day of June, 2009. Division of Regulatory Information Management Gloria Lewis, Director St. Johns River Water Management District Post Office Box 1429 Palatka, FL 32178-1429 (386) 329-4152 Permit Number: 40-061-18714-4 St. ® Over 931VJ�� YWater Management District Kilby B. Green III, Execulive Direclor • 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. Holder of Standard General Permit Dear Permittee: 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 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. To confirm the period for filing such a challenge is closed, you may publish (at your own expense) a notice in a newspaper of general circulation within the affected area. if you do not publish, a person's right to challenge the issuance of the standard general permit extends for an Indefinite period of time. A copy of the form of the notice and a list of newspapers of general circulation commonly used by the District is attached for your use. However, you do not have to use only those newspapers listed and this publication need only appear once. When the notice is published, the newspaper will return to you an affidavit as proof of publication. To complete your file with the District, submit this original affidavit of publication to: Gloria Lewis; Director Division of Regulatory Information Management P. O. Box 1429 Palatka, FL 32178-1429 (386)329-4235 Enclosed is a sample package used for newspaper noticing by the District Particular attention should be given to Pages 2 and 3 for successful completion of the newspaper noticing process. If we can be of further assistance, please contact Shannon Barican at (386) 329-4266 or Quenteria Johnson at (386) 329-4349. Sincerely, Gloria Lewis, Director Division of Regulatory Information Management GOVERNING BOAR David G. Graham, OUEnwrl Ann T. Moore, secamity Duane L 011enslmerTREAsunEa Susan N. Hughes JACKSCIMLLE BmacILL JAWSOIIVILLE FOIREVEBRA Michael Ertel Hemay"Herky Huliman Arlen N.Jumper William W. Kerr WLeerlard Wood MEM EMERMSE FORT IACCM MELEmIm1EBEACH FEHIM69NABEACH 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 The file containing the application for the above listed permit is available for inspection Monday through Friday except for legal holidays, 8:00 a.m. to 5:00 p.m. at the St. Johns River Water Management District (District) Headquarters, 4049 Reid Street, Palatka, FL 32178-1429. A person whose substantial interests are affected by the District permitting decision may petition for an administrative hearing in accordance with sections 120.569 and 120.57, Florida Statutes, or may choose to pursue mediation as an alternative remedy under section 120.573, Florida Statutes, before the deadline for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth in section 120.573, Florida Statutes, and rules 28-106.111 and 28-106.401-.404 Florida Administrative Code. Petitions must comply with the requirements of Florida Administrative Code Chapter 28-106 and be filed with (received by) the District Clerk located at District Headquarters, Highway 100 West, Palatka, FL 32177. Petitions for administrative hearing on the above application must be filed within twenty-one (21) days of publication of this notice. Failure to file a petition within this time period shall constitute a waiver of any right(s) such person(s) may have to request an administrative determination (hearing) under sections 120.569 and 120.57, Florida Statutes, concerning the subject permit. Petitions that are not filed in accordance with the above provisions are subject to dismissal. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the District's final action may be different from the position taken by it in this notice of intent. Persons whose substantial interests will be affected by any such final decision of the District on the applicant have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. Reviscd May 19.2009 7 HJpds/dataMoldem of Smndard Geneml Permits WNEWSP.A'P.ER AOVERrISlNG I ALACHUA The Alachua County Record Legal Advertising P. O. Box 806 Gainesville, FL 32602 352-377-2444/fax 352-338-1986 BAKER Baker County Press Legal Advertising P. O. Box 598 Maclenny, FL 32063 004-259-2400/fax 004-259.6502 BRADFORD Bradford County Telegraph Legal Advertising P.O. Drawer Starke, FL 32901 gD4-984.6305/Fax 904-964-8628 BREVARD Florida Today, Legal Advertising . P. 0. Box 419000 Melbourne, FL 32941-9000 321-242-3500/Fax 321-242-6618 CLAY Clay Today, Legal Advertising 1560 Klnsley Ave., Suite 1 Orange Park, FL 32073 904-264-3200/fax 904269-6956 DUVAL Florida Times Union Legal Advertising 1 Riverside Avenue Jacksonville, FL 32202 904-359.4321/fax 804359.4180 FLAGLER Flagler Tribune, clo News Journal . P. O. Box 2831 Daytona Beach, FL 3212D-2831 Revised May 19, 2009 H•JpdsfdaldHolders or Standard General Permits (386) 740-0503 /fax (386) 736-8972 INDIAN RIVER Vero Beach Press Journal Legal Advertising P. O. Box 1268 Vero Beach, FL 32961-1268 772-978.2214/fax 772-97&2340 LAKE Daily Commercial Legal Advertising P. O. Drawer 490007 Leesburg, FL 34749 352-365-6230/fax 352-365.1951 MARION Ocala Star Banner, Legal Advertising 2121 SW 19hAvenue Road Ocala, FL 34474 352-867-0010/fax 352-667-4126 NASSAU News -Leader, Legal Advertising P. O. Box 766 Fernandina Beach, FL 32035 904-261-3696/fax 904-261-3698 OKEECHOBEE Okeechobee News Legal Advertising P. O. Box 639 Okeechobee, FL 34973.0639 863-763-3134/fax 863-763-5901 ORANGE Sentinel Communications Legal Advertising 633 N. Orange Avenue Orlando, FL 32801 407-420.51601fax 407420.5011 OSCEOLA Lilts Sentinel Legal Advertising 633 N. Orange Avenue W Odando, FL 32801 407-020.5160/fax 407-420-5011 POLK Lakeland Ledger Publishing Co. Legal Advertising P. 0. Box 408 Lakeland, FL 33802 863.802-7355/fax 863-802-7814 PU7NAM Palatka Daily News Legal Advertising P.O. Bax 777 Palatka, FL 32178 386-312-5200/fax 386-312-6664 Sr. JOHNS SL Augustine Recons Legal Advertising P. O. Box 1630 SL Augustine, FL 32085 904-829.6562/Fax g04-819.3559 SEMINOLE Seminole Herald Legal Advertising 300 North French Avenue Sanford, FL 32771 407-322-2611/fax 407-323-9408 VOLUS/A News Journal Corporation Legal Advertising P. O. Box 2831 Daytona Beach, FL 32120-2831 (386) 740-4503 /Fax (386) 73&8972 t DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS COCOA REGULATORY FIELD OFFICE 409 HIGH POINT DRIVE, SUITE 660 REPLYATTEP 7a COCOA, FLORIDA 32926 ATTENTION OF Regulatory Division JUN 16 2009 North Permits Branch Cocoa Section SAS-2009-200(NW-MAM) City of Sebastian c/o. Dave Fisher 1225 Main Street Sebastian, FL 32958 Dear Mr. Fisher: Your application for a Department of the Army permit received on January 20, 2009, has been assigned number SAJ-2009-200(NW- MAM). A review of the information and drawings provided shows the proposed work is to replace an existing culvert and headwalls under George Street and pipe and fill 120 linear feet (0.08 - acres) of surface waters as depicted in the attached drawings. The project site is located at the surface water north of the intersection of George Street and Seaside Terrace from George Street to the Elkcam waterway, Sebastian, (Sections 13 and 24; Township 31 South; Range 38 East), in Indian River County, Florida. Your project, as depicted on the enclosed drawings, is authorized by Nationwide Permit (NWP) Number 43. In addition, project specific conditions have been enclosed. This verification is valid until June 16, 2011. Please access the U.S. Army Corps of Engineers' Jacksonville District's Regulatory web address at http://www.saj.usace.army.mil/regulatory/permitting_nwp.htm to access web links to view the Final Nationwide Permits, Federal Register Vol. 72, dated March 12, 2007, the Corrections to the Final Nationwide Permits, Federal Register 72, May 8, 2007, and the List of Regional Conditions. These files contain the description of the Nationwide Permit authorization, the Nationwide Permit general conditions, and the regional conditions, which apply specifically to this verification for NWP 43. Additionally, enclosed is a list of the six General Conditions, which apply to all Department of the Army authorizations. You must comply with all of the special and general conditions and any project specific condition of this authorization or you may be subject to enforcement action. In the event you have not completed construction of your project -2 - within the specified time limit, a separate application or re - verification may be required. The following special conditions are included with this verification: 1. Within 60 days of completion of the work authorized, the attached "Self -Certification Statement of Compliance" must be completed and submitted to the U.S. Army Corps of Engineers. Mail the completed form to the Regulatory Division, Enforcement Section, Post Office Box 4970, Jacksonville, Florida 32232-0019. 2. Prior to the initiation of any work authorized by this permit, the Permittee shall install erosion control measures along the perimeter of all work areas to prevent the displacement of fill material. Immediately after completion of the final grading of the land surface, all slopes, land surfaces, and filled areas adjacent to wetlands shall be stabilized using sod, degradable mats, barriers, or a combination of similar stabilizing materials to prevent erosion. The erosion control measures shall remain in place and be maintained until all authorized work has been completed and the site has been stabilized. 3. The Permittee shall use only clean fill material for this project. The fill material shall be free from items such as trash, debris, automotive parts, asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance, in toxic amounts in accordance with Section 307 of the Clean Water Act. 4. The Permittee shall comply with U.S. Fish and Wildlife Service's "Standard Protection Measures for the Eastern Indigo Snake" dated February 12, 2004 and provided in Attachment 1 of this permit." 5. No structure or work shall adversely affect or disturb properties listed in the National Register of Historic Places or those eligible for inclusion in the National Register. Prior to the start of work, the Permittee or other party on the Permittee's behalf, shall conduct a search in the National Register Information System (NRIS). Information can be found at; http://www.cr.nps.gov/nr/research/nris.htm. Information on properties eligible for inclusion in the National Register can be -3 - identified by contacting the Florida Master File Office by email at fmsfile@dos.state.fl.us or by telephone at 850-245-6440. If unexpected cultural resources are encountered at any time within the project area that was not the subject of a previous cultural resource assessment survey, work should cease in the immediate vicinity of such discoveries. The permittee, or other party, should notify the SHPO immediately, as well as the appropriate Army Corps of Engineers office. After such notifications, project activities should not resume without verbal and/or written authorization from the SHPO. If unmarked human remains are encountered, all work shall stop immediately, and the proper authorities notified in accordance with Section 872.05, Florida Statutes, unless on Federal lands. After such notifications, project activities on non -Federal lands shall not resume without verbal and/or written authorization from the Florida State Archaeologist for finds under his or her jurisdiction. This letter of authorization does not obviate the necessity to obtain any other Federal, State, or local permits, which may be required. In Florida, projects qualifying for this NWP must be authorized under Part IV of Chapter 373 by the Department of Environmental Protection, a water management district under §. 373.069, F.S., or a local government with delegated authority under S. 373.441, F.S., and receive Water Quality Certification (WQC) and Coastal Zone Consistency Concurrence (CZCC) (or a waiver), as well as any authorizations required by the State for the use of sovereignty submerged lands. You should check State - permitting requirements with the Florida Department of Environmental Protection or the appropriate water management district. This letter does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood -prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. -4 - If you are unable to access the internet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced NWP, please contact Miguel Mozdzen by telephone at 321-504-3771 ext. 26, or by e-mail at Miguel.A.Mozdzen@usace.army.mil. Thank you for your cooperation with our permit program. The Corps Jacksonville District Regulatory Division is committed to improving service to our customers. We strive to perform our duty 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://regulatory.usacesurvey.com/. Your input is appreciated - favorable or otherwise. Sincerely, Miguel Mozdzen Project Manager Copy Furnished: Neel -Schaffer, Inc. c/o. Frank Watanabe 1201 19th Place, Suite A-100 Vero Beach, FL 32960 CESAJ-RD-PE GENERAL CONDITIONS 33 CFR PART 320-330 PUBLISHED FEDERAL REGISTER DATED 13 NOVEMBER 1966 1. The time limit for completing the work authorized ends on date identified in the letter. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort of if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow a representative from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. SELF -CERTIFICATION STATEMENT OF COMPLIANCE Permit Number: NW -43 Application Number: SAJ-2009-200(NW-MAM) Permittee's Name & Address (please print or type): Telephone Number: Location of the Work: Date Work Started: Date Work Completed: Description of the Work (e.g., bank stabilization, residential or commercial filling, docks, dredging, etc.): Acreage or Square Feet of Impacts to Waters of the United States: Describe Mitigation completed (if applicable): Describe any Deviations from Permit (attach drawing(s) depicting the deviations): ++++++++++++++++++++ I certify that all work, and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). Signature of Permittee Date DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST Permit Number: NW -43 Application Number: SAJ-2009-200(NW-MAH) when the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Section, Post Office Box 4970, Jacksonville, FL 32232- 0019. (TRANSFEREE -SIGNATURE) (DATE) (NAME -PRINTED) (MAILING ADDRESS) CITY, STATE, ZIP SUBDIVISION) (LOT) (BLOCK) (STREET ADDRESS) PROJECT LOCATION mU.S. Army Carps I of Engineers U Appl.# 6A?- LOo9 - 007 A0 Date 6 / 6 O ,n Drawing# of 4y Initials /`EA;: LOCATION MAP RL NEEL-SCHAFFER NS.07554.002 eouuno,ue wu uneuau orae GEORGE STREET DITCH SCALE 1201 lath Place, Sults A-100 Vero Beach, SEBASTIAN, INDIAN RIVER COUNTY, FL Florida 32060 PH: (772) 77.4707 04 N.T.S. FAX: (772) P04840 CA00008556 n.m AppL# 5A`J-Z0a9-6o.Zo6 i ® �n�,;."o"m«;E�o�%m•P.... Date G /'t G / 05 i Drawing{l__,?_ofIt Initials MAia - Lro.R>,.a sA,a.m,vencewrnmulro,aavArmmou EXISTING CONDITIONS AND PROPOSED IMPROVEMENTS PLAN VIEW N!. NEEI.-SCRAPPER NS,07554:0a >L- GEORGE STREET DITCH SCALE 1201 19th Place, Suite A-100 Vero Beach, SEBASTIAN, INDIAN RIVER COUNTY, FL Florida 32960 PH: (772) 770-4701 01 1"=20' FAX: (772) 770.4640 CAUBOOB556 02 ,:; _ 1 North GRAPHIC SCALE .. .• .. u 10 m � .� '...a...; (IN FEET) , - MRORYI.VFYNfNS w+memma nl, mje .iii ._.. 1 ev r. v. .••. .. ........._._.._ .._...___.. • I .._... 'I Inch 20 ft PA .,. .-.,......' WY.IS]I ]i - �SiA 1.mCFMQ1LI.EGEGI1GEHf•' 6TA l-mcavruLu�n A _ ( r r y. � i nrw•mo�Wa m•n.LY V V.mI1P wmxmreimi —� KWNQA � assn' .ia,,mmcrWoaunermi I. r I,� era>•eisyr•n mel>w , - emewm l>oryiWmA� r � - �mrnmuer �: am. .^ 1 1•F pAV.i FYO[Q'JJm STA Y.4AR RAVGAI':."-.• _' - - - - - ,ru. m-wrwa w.mWmr ��'wm•xummnAu USTfPO(MOI MIFA. � - � ..... ••.•. 6.IW 6RiAYFLFHT / � .I M U.S. Army Corps 10rN li4rfl awa r, a �.�ei of Engineers U 'I I '. � nrnv.ermunrm.-:.wW n.m AppL# 5A`J-Z0a9-6o.Zo6 i ® �n�,;."o"m«;E�o�%m•P.... Date G /'t G / 05 i Drawing{l__,?_ofIt Initials MAia - Lro.R>,.a sA,a.m,vencewrnmulro,aavArmmou EXISTING CONDITIONS AND PROPOSED IMPROVEMENTS PLAN VIEW N!. NEEI.-SCRAPPER NS,07554:0a >L- GEORGE STREET DITCH SCALE 1201 19th Place, Suite A-100 Vero Beach, SEBASTIAN, INDIAN RIVER COUNTY, FL Florida 32960 PH: (772) 770-4701 01 1"=20' FAX: (772) 770.4640 CAUBOOB556 02 IM 35 30 RE -SOD ALL PROPOSED DISTURBED AREAS FILL 25 EXISTING 20 j�--- GROUND PROPOSED GROUND 15 ��, ' - STABILIZED SUB- GRADE 98% 10 COMPACTION 0 5 10 15 20 25 30 35 40 CROSS-SECTION A -A Scale: 1" =10' I I mU.S. Army Corps of Engineers U Appl.# SA'S—Loo9 -oo.�On Date Drawing# Of� Initials AAAr. CROSS SECTION A -A N� NEEL-SCHAFFER NS.075S4.002 90LunoN! fDU/'.0 eulLD UPON GEORGE STREET DITCH SCALE 120119th Place, Suits A-100 Vero Beach, SEBASTIAN, INDIAN RIVER COUNTY, FLFlorida 32960 PH: (772) 770-4707 03 Fax: (n2) n0-4640 cA0000e555 David S. Hobbie Page 13 STANDARD PROTECTION MEASURES FOR THE EASTERN INDIGO SNAKE An eastern indigo snake protectionleducation plan shall be developed by the applicant or requestor for all construction personnel to follow. The plan shall be provided to the Service for review and approval at least 30 days prior to any clearing activities. The educational materials for the plan may consist of a combination of posters, videos, pamphlets, and lectures (e.g., an observer trained to identify eastern indigo snakes could use the protection/education plan to instruct construction personnel before any clearing activities occur). Informational signs should be posted throughout the construction site and along any proposed access road to contain the following information: a. a description of the eastern indigo snake, its habits, and protection under Federal Law; b. instructions not to injure, harm, harass or kill this species; C. directions to cease clearing activities and allow the eastern indigo snake sufficient time to move away from the site on its own before resuming cleating; and, d. telephone numbers of pertinent agencies to be contacted if a dead eastern indigo snake is encountered. The dead specimen should be thoroughly soaked in water and then frozen. 2. If not currently authorized through an Incidental Take Statement in association with a Biological Opinion, only individuals who have been either authorized by a section 10(a)(1)(A) permit issued by the Service, or by the State of Florida through the Florida Fish Wildlife Conservation Commission (FWC) for such activities, are permitted to come in contact with an eastern indigo snake. 3. An eastern indigo snake monitoring report must be submitted to the appropriate Florida Field Office within 60 days of the conclusion of clearing phases. The report should be submitted whether or not eastern indigo snakes are observed. The report should contain the following information: a. any sightings of eastern indigo snakes and b. other obligations required by the Florida Fish and Wildlife Conservation Commission, as stipulated in the permit. Revised February 12, 2004 MU.S. Army Corps ofEngineers r Appl.N_ Sar, zoo 9 -ons Ome_ 6/J 610 Amcament U 7 of f Initials HgN WATCH OUT FOR THE EASTERN INDIGO SNAKE The Eastern Indigo Snake is the largest nonpoisonous snake in North America, growing up to 2.4 meters (8 feet) in length. The color of both adults and young is shiny bluish -black with some red or cream coloring on the chin or sides of the head. The indigo snake is usually found in high, dry, well -drained sandy soils, in the same habitat preferred by the gopher tortoise. Indigo snakes may also be found in hammocks, swamps, and flatwoods habitats in south Florida. Gopher tortoise burrows are used by many prey animals that are easily captured by the indigo snake in the burrow. indigo snakes also use the burrows as dens for cover, and laying eggs. Other potential dens are stumps of trees, cavities in the soil, and under piles of debris. The decline in the population of indigo snakes is attributed to habitat loss due to development and overcollecting for the pet trade. Fragmentation of habitat by roads results in many indigo snakes killed by vehicle traffic. Every effort should be undertaken to avoid harming any snake observed during work on this construction site. Any indigo snakes encountered during construction activity should be allowed to crawl off before continuing activities. If it appears that the construction activities will cause harm to the snake, construction must be stopped until the proper action can be determined. These rare snakes are protected by the Endangered Species Act (ESA) of 9973 makes it a violation to "harass, harm, pursue, hunt, shoot, wound, kill, capture, or collect endangered or threatened species." Violations can result in fines of up to $20,000 and/or up to one year in prison. Only permitted personnel are allowed to handle the snakes. Contact the following agencies if indigo snakes are observed: U.S. Fish & Wildlife Service 772-562-3909 Florida Fish & Wildlife Conservation Commission 800-282-8002 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM Work Authorization No: #CSA -1 Project Identification: George Street Drainage - Construction Administration and Engineering Inspections IT IS AGREED to undertake the following work in accordance with the provisions of the Neel -Schaffer, Inc. Master Agreement entitled NON-EXCLUSIVE CONTINUING PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING dated May 27, 2009. Description of Assignment: The project is to provide construction administration and engineering inspection for the George Street Drainage. The project includes: • Prepare the bid package and notification to contractors $1,050 • Prepare specifications for construction $1,050 • Produce signed and sealed plans for distribution $525 • Attend Pre-bid meeting/Bid Opening $0 • Handle bid comments $300 • Assist in the bid award $300 • Construction administration support $525 • Construction engineering inspections $2,400 • Review shop drawing and as -built $300 • Final punch list inspection $300 Work will include the preparation of engineering specification with assistance from the city for the George Street Drainage Bid Package and coordination with staff on the as -needed inspections and administration. Basis of Compensation/Period of Services: The above referenced Professional Engineering Services will be performed for the lump sum fee amount of $6,750. AGREED: ENjVArJEERING CO ASULTANT: Date: Frank Watanabe, P.E. Neel -Schaffer, Inc. Attest: Sally A. Maio, CMC, City Clerk CITY OF SEBASTIAN: Date: Al Minner City Manager Approved as to Form and Content for Reliance by the City of Sebastian Only: Robert A. Ginsburg, City Attorney CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM Work Authorization No: #CSA -1 Project Identification: George Street Drainage - Construction Administration and Engineering Inspections IT IS AGREED to undertake the following work in accordance with the provisions of the Neel -Schaffer, Inc. Master Agreement entitled NON-EXCLUSIVE CONTINUING PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING dated May 27, 2009. Description of Assignment: The project is to provide construction administration and engineering inspection for the George Street Drainage. The project includes: • Prepare the bid package and notification to contractors $1,050 • Prepare specifications for construction $1,050 • Produce signed and sealed plans for distribution $525 • Attend Pre-bid meeting/Bid Opening $0 • Handle bid comments $300 • Assist in the bid award $300 • Construction administration support $525 • Construction engineering inspections $2,400 • Review shop drawing and as -built $300 • Final punch list inspection $300 Work will include the preparation of engineering specification with assistance from the city for the George Street Drainage Bid Package and coordination with staff on the as -needed inspections and administration. Basis of Compensation/Period of Services: The above referenced Professional Engineering Services will be performed for the lump sum fee amount of $6,750. AGREED: ENG TEERING C N ANT: Date:%/z Frank Watanabe, P.E. Neel -Schaffer, Inc. Attest: Sally A. Maio, CMC, City Clerk CITY OF SEBASTIAN: Date: Al Minner City Manager Approved as to Form and Content for Reliance by the City of Sebastian Only: Robert A. Ginsburg, City Attorney Page 1 of 1 David Fisher From: Frank Watanabe [frank.watanabe@neel-schaffer.com] Sent: Friday, May 22, 2009 9:02 AM To: David Fisher Subject: Project status report David, Good morning and hope all is well for your Friday. Attached is a summary of our project status. Basically, all is ok and we are working on the two St John's RAI comments for the George St and Potomac Drainage. We anticipate to resubmit the plans back to St John's in two weeks after we meet with them on the latest comments. Let me know if you have any questions. Frank Watanabe Neel -Schaffer, Inc. (772)770-4707 5/22/2009 Neel-Sch1 19 thaffer, Inc. NEEL-SCHAFFER VeroBeah',FL 2960A10° (772) 770-4707 fax: (772) 770-4640 MEMORANDUM TO: David Fisher, City Engineer FROM: Frank Watanabe, Neel -Schaffer Project Manager DATE: May 22, 2009 SUBJECT: Project Status The following is a project status summary: 1. Sebastian Pedestrian Bridges a. Submitted review of final revised shop drawings — ok for approval b. Need final revised quantity and cost difference from Gregori Const c. Status of the solar power at the airport 2. Potomac Drainage Pipe a. Received 2nd RAI comments from St John's dated 5/15 b. Two weeks to respond back to St John's comments c. Anticipate resubmit plans to SJRWMD the week of June 8th d. Indian River County is ok for permit 3. George St Drainage a. Received 1 st RAI comments from St John's dated May 6th b. Need to respond back to St John's RAI comments by 5/28 c. Also need to submit plans to Army Corp on comments by 5/28 4. Schumann Tennis/Basketball Court a. Available to assist on any construction questions 5. Barber St Drainage —DEP funding a. Work with Margie on possible DEP funding application engineers . planners . ecologists 9 landscape architects . surveyors CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM Work Authorization No: #CSA -1 Project Identification: George Street Drainage —Construction Engineering Services IT IS AGREED to undertake the following work in accordance with the provisions of the Neel -Schaffer, Inc. Master Agreement entitled NON-EXCLUSIVE CONTINUING PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING dated May 27, 2009. Description of Assignment: The project is to provide construction engineering service for the construction of the George Street Drainage project. The service includes: • Prepare the bid package and notification to contractor • Prepare specifications for construction • Produce signed and sealed plans for distribution • Review shop drawings Work will include the preparation of bid package, engineering specifications and review of shop drawings for the George Street Drainage Construction. Basis of Compensation/Period of Services: The above referenced Professional Engineering Services will be performed for the lump sum fee amount of $2,400. AGREED: ENG ERING CO 1S Date: Z/9 07 Frank Watanabe, P.E. Neel -Schaffer, Inc. CI Y O BASTIAN: Date: e Ci anager Attest 1\ Approved as to Form and Content for Reliance by the City of Sebastian Only: t _Sally A. M ' , CMC, City Clerk Robert A. Ginsburg, City Arrfomey CF[YOF SEBASTIAN HOME OF PELICAN ISLAND Growth Management Department City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 (- FAX (772) 388-8248 June 30, 2009 ,a,dndrahan LAP Administrator Florida Department of Transportation District 4 3400 West Commercial Blvd. Fort Lauderdale, FI 33309-3421 Subject: FM 418031-1-58-01 Dear Barbara, Attached is part of the Initial Phase documentation way forms and draft bid documents next week Sincerely, Rebecca Grohall, AICP Director C: Al Minner, City Manager The City will forward you the right of CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM Work Authorization No: #CSA -1 Project Identification: George Street Drainage - Construction Administration and Engineering Inspections IT IS AGREED to undertake the following work in accordance with the provisions of the Neel -Schaffer, Inc. Master Agreement entitled NON-EXCLUSIVE CONTINUING PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING dated May 27, 2009. Description of Assignment: The project is to provide construction administration and engineering inspection for the George Street Drainage. The project includes: Prepare the bid package and notification to contractors $1,050 n Prepare specifications for construction $1,050 Q Produce signed and sealed plans for distribution $525 • Attend Pre-bid meeting/Bid Opening $0 o0 • Handle bid comments • Assist in the bid award • Construction administration support • Construction engineering inspections �• Review shop drawing and as -built • Final punch list inspection $300 2 4 $300 $525-1 $2,400 f- $300 $300 Work will include the preparation of engineering specification with assistance from the city for the George Street Drainage Bid Package and coordination with staff on the as -needed inspections and administration. Basis of Compensation/Period of Services: The above referenced Professional Engineering Services will be performed for the lump sum fee amount of $6,750. AGREED: 7EISGMERING C ANT: i / Date: �2LOZy Frank Watanabe, P.E. Neel -Schaffer, Inc. Attest: Sally A. Maio, CMC, City Clerk CITY OF SEBASTIAN: Date: Al Minner City Manager Approved as to Form and Content for Reliance by the City of Sebastian Only: Robert A. Ginsburg, City Attorney Alfred Minner From: Kenneth Killgore Sent: Tuesday, July 07, 2009 12:23 PM To: Alfred Minner Subject: George Street George Street Project #C0962 Total Budgeted = $90,000 12/23/08 $500 Has been paid for permit 06/04/09 $7,530 Has been paid to date to Neel -Schaffer 02/26/09 $5,470 Unpaid balance of PO to Neel -Schaffer $76,500 Uncommitted Project Balance 7/7/2009 Page 1 of 1 Page 3 of 3 From: David Fisher Sent: Friday, December 19, 2008 11:47 AM To: Engineering Interns Subject: RE: George St. Ditch Update Please advise back the exact type of permit we are applying for. — Dave -----Original Message ----- From: Engineering Interns Sent: Friday, December 19, 2008 11:45 AM To: David Fisher; Alfred Minner Cc: Ginny Sieferd; Phillip Patnode Subject: George St. Ditch Update I am currently in the process of finalizing the design of the new culvert pipes so that the permit application can be submitted to St. Johns. I had a pre -application meeting with St. Johns yesterday afternoon. The permit fee will be $500. The estimated construction cost is in the $80-$90k range. In summary the project consists of replacing the existing road crossing under George St (54" equivalent) and filling in the ditch adjacent to the Houston residence. The new road crossing pipes will be dual 54" equivalents which feed into catch basins. The catch basins outfall into twin 60" pipes that drain to the Elkham waterway. My plan is to get everything ready for submission immediately following the holidays. To submit I will need assistance in obtaining the $500 check for St. Johns. Joe Morrissey, EI Engineering Intern City of Sebastian interns@cityofsebastian.org 1/8/2009 Page 2 of 3 Joe Morrissey, EI Engineering Intern City of Sebastian interns@cityofsebastian.org From: David Fisher Sent: Monday, December 29, 2008 9:05 AM To: Engineering Interns Cc: Alfred Minner Subject: FW: George St. Ditch Update Joe — Please get with me and Al Minner about this. Make sure Al knows the money requirements. — Dave -----Original Message ----- From: Alfred Minner Sent: Monday, December 29, 2008 8:59 AM To: David Fisher Subject: RE: George St. Ditch Update Dave - Did you send this off? And when do you expect it OKed? AI Minner City Manager City of Sebastian -----Original Message ----- From: David Fisher Sent: Friday, December 26, 2008 11:19 AM To: Engineering Interns Cc: Alfred Minner Subject: RE: George St. Ditch Update Joe — I have the SJRWMD permit application check in hand. It is with me in my office. Let me know how / when you want to combine that with the application submittal. — Dave -----Original Message ----- From: Engineering Interns Sent: Friday, December 19, 2008 12:39 PM To: David Fisher Subject: RE: George St. Ditch Update Standard General Environmental Resource Permit Joe Morrissey, EI Engineering Intern City of Sebastian intems@cityofsebastian.org 1/8/2009 ��////lIIIII r • y,r� r:j�i . ;r 'r' n: ,Jifcl•L �' r^ •1 ���, �l , � 7- r L. .`' ,�:• � it I � }. n k} .1 r �1 ^ x'. 1 �'� '.>;:A.f,..' 1 kM'- l �1 r\]�r�l tr ,1 _ L f•t );ivM ~ ��r .Y �.�.• � •.�' i � � OA,\�}j/',�`�•711��r1 r.;' KJ��}}�'/!r �Ij�/(5�j( �y r w'�N(i.� i - � + .�.�t }r All Ji 441 NL .. A1' cm Y f �e r k r ��" t t 'r f M 4► r� .�'��t t 5 V 1 1 •Y %�� ram 1 1- rr`r-. _ l 1.,,� rl ri _ �, -, .. .1, .. •.� ��r ... S�Fe..l rY��t'i �'�'J4"�.,. .-. .,v. .—\''�r9A`L�7.Y .. 4.. :,�.Y �, 5;,.. �iJi /z _ 5 .. .,' i. ., ,_ AA m Y w" �'(, �: t �'t•J ?t :; ��:. � Y.. r ..f moi` ... r { v ✓a n I \ i:.l r J . 'r ♦.,�+\ rG { �"rC'�-•. _ { ?t J 0 z i y•�\�i+�'�i1t.'T `^t^�{ t' ..� s'�{': \ \ ..'(� c . c.. z ,y {.a h� r ✓. t{ s l:lr t r rC Page 1 of 3 Alfred Minner From: David Fisher Sent: Monday, December 29, 2008 9:40 AM To: Alfred Minner Cc: Engineering Interns Subject: RE: George St. Ditch Update AI — Yes, construction of the project will need to be bid. We can finalize the bid package after we finalize the drainage calculations and the SJRWMD permit application has been submitted. Right now we plan to submit the SJRWMD permit application this coming Friday (2 Jan 09) or shortly thereafter pending final / workable drainage calculations that are approvable by SJRWMD. Joe is working on that exclusively now. We can give you a more definitive answer on the schedule for this perhaps as early as tomorrow (Tuesday, 30 Dec 08). Permit approval is expected to take at least 30 days following submittal of the application. We would go out to bid after receiving the permit which means the earliest out -to -bid date is early to mid-February 2009. — Dave -----Original Message ----- From: Alfred Minner Sent: Monday, December 29, 2008 9:22 AM To: Engineering Interns; David Fisher Subject: RE: George St. Ditch Update I am assuming that the project will need to be bid and will be ready to bid/construct once the permit is in? So please advise the following: 1. Let me know when the permit is in.... 2. Has anyone done anything to bid this project? Number two needs response immediately to plan..... Al Minner City Manager City of Sebastian -----Original Message ----- From: Engineering Interns Sent: Monday, December 29, 2008 9:06 AM To: David Fisher Cc: Alfred Minner Subject: RE: George St. Ditch Update Dave - I will be submitting this to St. Johns by Friday afternoon. 1/8/2009 TCPALM.COM CLASSIFIED NOTICE NOTICE NOTICE OF AGENCY diation as an alterna- ACTION TAKEN BY tive remedy under THE ST. JOHNS section 120.573, Flori- RIVER WATER da Statutes, before MANAGEMENT thedeadline forfilinga DISTRICT petition. Choosing DavidGunter mediation will not ad - Notice is given that the versely affect the right following permit was to a hearing if media - issued on June 25, tion does not result in 2009: a settlement. The 2030957 procedures for pursu- Cily of Sebastian, ;225 ing mediation are set Main Street, Sebas- forth in section Van, FL 32958 permit 120.573, Florida Stat - k40 -061-18714-4. ides, and rules 28 - The project is located 10 6.1 1 1 and 28 in Indian River Coun- 106.401-.404 Florida. ty, Section 13, 24, Administrative Code.i Township 31 South,I Pat tions must comply) Range 36 East. The with the requirements permit authorizes a of Florida Administra-, surface water man- iive Code Chapter 28 - agement system on 106 and be filed with 0.14 acres to replace (received by) the Dis- existing culvert and trio Clerk located at headwalls under District Headquarters, George Street pipe Highway 100 West, and fill 20 feet known Palatka, FL 32777. as George Street. Petitions for adminis- The receiving water trative hearing on the body is Elkcam Wa- above application terway. must be filed within twenty-one (21) days The file containing the of publication of this application for the notice. Failuretofilea above listed permit is petition within this time available for inspec- period shall constitute tion Monday through a waiver of any Friday except for legal rights) such personls) holidays, 8:00 a.m. to may have to request 5:00 p.m, at the St. an administrative de - Johns River Water termination (hearing) Management District under sections (District). Headquar- 120.569 and 120.57, ters, 4049 Reid Street, Florida Statutes, con - Palatka, FL 32178- cerning the subject 1429. A person permit. Petitions that whose substantial in- are not filed in accord. Zests are affected by ante with the above District permitting provisions are subject decision may petitionto dismissal, for an administrative.Because the adminis- hearing in accordance trative hearing pro - with sections. 120.569 cess is designed to and 120.57, Florida I formulate final agency Statutes; or may action, the filing of a choose to pursue me- petition means that Notice and Public Explanation of a Proposed Activity in the 100 -Year Floodplain and Wetland To: All interested Agencies, Groups and Indi. viduals This into give notice that Indian River County has conducted an evaluation, as required by Executive .Orders 11998 and 11990 in accordance with U.S. Department of Housing and Urban Development (HUD) regulations at 24 CFR 55.20, to determine the potential ef. fect that its proposed activity in the floodplairr and wetland will have on the environment. Indian River County intends to undertake a project to be funded by a Florida Small Cities 11 INSP) grant from HUD, under the Housir and Economic Recovery Act of 2008. A pc tion of the single family housing units pc chased, rehabilitated and sold or rented Part of the pr0ject may be located within 100 year floodplain. Housing snits will be is leered from the NSP target areas which ii elude the communities of Fellsmere, Floric Ridge, Gifford, Roseland, Sebastian, Vet Beach, Vero Beach South, Wahasso, We Vero corridor, and Winter Beach. The sped is project activities are as follows: AcJiviry Ot Acfwistedon anted A�jiyly �4�i R¢IJi NOTICE the District's final ac- tion may be 'different from the position tak- en by it in this notice of intent. Persons whose substantial in- terests will be affected by any such final deci- sion of the District on the applicant have the right to petition to be- come a party to the proceeding, in accord- ance with the require- ments set forth above. July 17, 2009 NOTICE_ 1 NOTICE OF ACTION trict will be spraying) IN THE CIRCUIT canals within the Dls COURT FOR THE trict beginning April NINETEENTH 3, 2009 through De- JUDICIAL CIRCUIT II cember 31, 2009. AND FOR INDIAN ..FB.W@F_1453_!Ca!L1.20-yv3L9Ceq_Medlarl.l¢x I_ RIVER COUNTY, DavidGunter FLORIDA Secretary Treasurer CASE NO. 31-2009 CA -010577, Pub: July 3, 10, 17, 24,31,2009 RSC EQUIPMEN 2030957 RENTAL, INC., OF ACTION NOTICE Indian River Farms Water Control Dis- .NOTICE CONCURRENT NOTICE NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS Date: July 17, 2009 Name of Responsible Entity: Indian Rivet County Address: 1801 27th Street Vero Beach, FL 32960-3388 Telephone Number: (772) 226-1243 These notices shall satisfy two separate but related procedural requirements for Com munity Development Block Grant (CDBG), Neighborhood Stabilization Program (NSP) funded activities to be undertaken by Indian River County. REQUEST FOR RE or about August mty will submit a brant tunds under Title I of the Housinc and Community Development Act, as amended, to purchase foreclosed single family housing units, rehabilitate those housing units, and sell/rent those housing units to very low income (50% Area Medi an Income (AM11L low income (80% AMI) and moderate income (120% AMI) house holds. Housing units will be selected from the NSP target area, which includes the u, and Winter activities are as The purchase often (10) foreclosed •family housing units. The housing acquired are to be rehabilitated and to households who have incomes than 120% of Area Median Income; Thn nnrrham of findm fn... —.1. tamily ,housing units. The housing units are to be rehabilitated and rented to households who have incomes up to 120% of Area Median Income and family he using units. The he us are to be rehabilitated and r households whose total househol is at or below 50% of Area Median Activity 13, Homeownership As ($160,000.001 - The County will p ten (10) of the households porch rehabilitated (tomes with closing sistance. MARSHALL M. ELL d/leta K&ht OUTION, Defendants. NOTICE OF ACTION TO: MARSHALL M. ELL dlbla K&M OUTION You are notified the an action for cruse of contract has bee, .filed against you an you are required ti serve a copy of you written defenses, -i any, to it on Heaths, A. DeGrave, thyI' Plaintiff's attorney whose address it 601 Bayshore Blvd( Suite 720, Tampa, Florida 33606 on.n, before JULY 27, 200 and file the original with the Clerk of thtll Court either beforl service on the Plain lift's attorney or imp mediately thereafter; otherwise a defauP will be enters, against you for thi relief demanded it the Complaint. Dated this 18th day o June, 2009. Jeffrey K. Behar As Clerk of the Cour, By: sl Brianne Bulm�� Deputy Clerl If you are apersot with a disability wh{ needs any accommga dation in order t{ participate in this Proceeding, you art entitled, at no cost td you, to the provision of certain assistance Please contact Pegg) Ward, 2000 160 Avenue, Vero Beach FL 32960 (772) 226 3182 within 2 work) ing days ofyour rel ceipt of this notice of action. If you art hearing impaired o voice impaired, cal 1.800-955-8771 Pub: June 26, July 3� 10, 17, 2009 IN THE CIRCUIT Unmet Needs: COURT OF THE Activit 01, Acquisition - The Y q purchase NINETEENTH twenty (201 additional foreclosed single le JUDICIAL CIRCUIT family housing units. The housing, units FLORIDA IN AND Fi are to be sold to households who have In- INDIAN RIVER ..FB.W@F_1453_!Ca!L1.20-yv3L9Ceq_Medlarl.l¢x I_ COUNTY. -