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HomeMy WebLinkAbout1995 Department of Environmental Protection Law~.on Chiles CentrM District 3319 Maguire Boulevard, Suite 232 Orlando, Florida 32B03-37(~7 Permittee: City of Sebastian/ Riverview Park c/o Marry Smithson St. Johns River Water Management District '1900 S. Harbor City Blvd., S-107 Melbourne, FL 32901 Virgini:~ B. Wetherell Secretary I. D. Number: Permit Number: 31-264858-4 Expiration Date: August 1'6, 2000 County: 31-264858-4 Latitude/Longitude 27° 48' 30"/80° 27' 50" Section/Township/Range: 06/30S/39 E Project: See below This permit is issued under the provisions of Chapters 373 and/or 403, Florida Statutes, and Title 62 Florida Administrative Code. The above named permittee is hereby authorized to perform the work or operate the facility shown on the application and approved drawing(s), plans, and other documents attached hereto or on file with the department and made a part hereof and specifically described as follows: PROJECT: To install 500 linear feet of coquina rock rip rap along the Indian River. To install 150 foot long experimental oyster bar in the Indian River. To constr'uct a public elevated fishing/observation pier 60 feet long by 8 with with a "T" shaped 10 foot long by 12 foot wide terminus in the Indian River. feet LOCATION: 1-95 South, turn east onto S.R. 512, pass over U.S. 1; project is located at intersection of S.R. 512 and Indian River Drive in Section 6, Township 30 South, Range 39 East, in Indian River County, Florida. DEP FORM 62-1.201(5) Effective November 30, 1982 Page 1 of 6 "Pro[ecL Conserve ond Manage Florida's ,environment and Iqa[urol Resource? Prinled an recycled paper. Attachment B Page 9 of 22 Pages SSLE No. 29459 Pe.'-mittee: City of Sebastian/Riverview Park Permit Number: 31-264858-4 GENERAL CONDITIONS: 1. The terms, conditions, 'requirements, limitations and restrictions set forth in this permit, are "permit conditions" and are binding and enforceable purs?~t t9 Section? 403.14%, 402.727, or 403.859 throuoh 403.861, F.S. The perml~ee is placeo on notice that the Department will review this permit periodically and may initiate enforcement action for any violation of these conditions. 2. This per,it is vali~ only for the~specific processes and operations applied for and ~ndicated an the approves drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of thzs permit may constitute grounds for revocation and enforcement action by the Department. 3. As provided in subsections 403.087(6) and 403.722(5), F.S., the issuance of this permit does not convey any vested rights of.public or private pro err or any invasion of peraonal rights nor any infrlnoement of f~a~=~ -~ ~ y or local laws or regulations. Th~s permit is not a waiver of or a~proval of any other Department permit that may be reouired for other aspec{s of this total project which are not addressed in thi~ permit. . 4. T 'his permit' conveys no title to land or water, does not constitute State recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title. 8. This permit does not relieve the permittee from liability for harm or injury to human health or welfare, animal, or plant life, on property caused by the construction or Operation of this permitted source, ~r from penalties therefore; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by an order from the Department. 6. The permittee shall properly operate and maintain the facility and systems of treatment and control (and related appurtenances) that are installed and used by the permittee to achieve compliance with the conditions of this permit, as re~uire~ by the Department rules. 'This provision includes the operation of ba6kup or auxiliar~ facilities or similar s stems when ..... Y nec~ssa_ to achieve compliance w~th the conditions of the permit and when required ~y Department rules. 7. The p~rmittee, by accepting this permit, specifically agrees to allow authorized Department personnel, upon presentation of credentials or other documents as may be required by law and at reasonable times a re ' ~ . . . , ccees to the p m~ses where the perm,=ted act~vtty Ks located or conducted to: (a) Have access to and cody any records that must be kept under conditions of the permit; ' (b) Inspect the facility, equipment, practices, or operations regulated or required under this permit~ and (c) Sample or monitor any substances or parameter~ at any location reasonable necessary to assure compliance with %his permit or D~partment rules. Reasonable time may depend on the nature of the concern being inveatigated. 8. If, for any reason, the permittee does not comely with or will be unable to comply wit~ any conditions or limitation specified in this permit, the parmittee shall immediately provide the D~partment with the following information: (a) a description of and cause pf noncompliance; and (b) The period of non-compliance, including dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps b~ing taken to reduce,'e!iminate, a~d prevent recurrence of the'noncompliance. The permittee shall be responsible for any and all damages which may result and may be subject to e~forcement action by the Department for penalties or for revocation of this permit. DEP Form 62-1.20!(5) Effective November §0, 1982 Page 2 of 6 Attachment B Page 10 of 22 Pages SSLE No. 29459 Permittee: City of Sebastian/Riverview Park Permit Number: 31-264858-4 GENERAL CONDITIONS: 9. In accepting this permit, the permittee understands and aorees th records, notes, monitoring data and other information ~ ~. at all re~a~ng to the construction or operation of this permitted source which are submztted Depa.rtment may be used by the Department as evidence ~ ....... to the lnvo£vlng the permltte~ source arising under .the Florida Statutes ore Department rules, except where such use is prescribed by Section 403.111 and 403.73, F.S. Such evidence shall only be used to the extent it is consistent with the Florida Rule of civil Procedure and approoriate evidentiary rules. 10. The permittee agrees to comply with changes in Department rulee and Florida Statutes after a reasonable time for compliance; provided, however, the permittee does not waive any other rights granted by Florida Statutes or Department rules. A reasonable time for compliance with a new or amended surface water quality standard, other than those standards addressed in Rule 62-302.500, shall include a reaeonable time to obtain or be denied a mixing zone for the new or amended standard. 11. This permit is transferable only upon Department 'approval in accordance with Rule ~2-4.120 and 62-730.300, F.A.C., as applicable. The permittee shall be liable for an~ non-compliance of the permitted activity until the t approved by {~e Department. ~ ransfer is 12. This permit or a copy thereof shall be kept a the wor'k site of the permitted activity. 13. This permit also constitutes certification of compliance With State Water Quality Standards (Section 401, PL-92-500). 14. The permittee shall comply with the following: a. upon request, the permittee shall furnish all records and · under Department rules. During enforcement actions, the rePtl~nn~iorne~elrr~odd for all records will be extended automatically unless otherwise stipulated by the Department. b. The permi%tee shall hold at the facility or other location desi na ' y this permit records of all monitoring information (including al~ tea b calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation) required by the permit, cooies of all reports required by this pe-mit, and records data used ~o complete th~ aDnlication fort~ .... 2-~ _. .o~ all shall be r~talned at least t~ree years from the date of the ~m~o Department rule. . c. Records of monitoring information shall include: 1. the date, exact place, and time of sampling or measurements; 2. the person responsible for performing the sampling or measurements; 3. the dates analyses were performed; 4. the person responsible for performing the analyses; 5. the analytical techniques or methods used; 6. the results of such analyses. 15. W~en requested by the Department, the permittee shall wit tzme furnish anu inform~: ..... . ...... h~n a reasonable compliance with ~he ne~mit ~- ~ ..... .~ ~ - oete_mine facts were not submitted or were incoJ~ :- ~=- ~ .... the. re_event any reoort to the Department, such facts or information sh~ll be corrected prompt Iy .' DEP Form 62-1.201(5) Effective November ~0, 1982 Page 3 of 6 Attachment B Page 11 of 22 Pages SSLE No. 29459 Permittee: City of Sebastian/ Permit Number: 31-264858-4 Riverview Park: Expiration Date: August 16, 2000 SPECIFIC CONDITIONS: 1. Turbidity must be controlled to prevent violations of water quality pursuant to Rule 62-302.510(5)(r), Florida Administrative Code. Turbidity shall not exceed 29 Nephelometric Turbidity Units above natural background conditions. 2. Prior to construction of work authorized by this permit, the permittee shall provide written notification of the date of commencement of construction to the Central District Office of the Department of Environmental Protection, 3319 Maguire Boulevard, Suite 232, Orlando, Florida 32803-3767. 3. Within 30 days of completion of work authorized by this permit, the permittee shall provide written notification of the date of completion of construction to the Central District Office of the Department of Environmental Protection, 3319 Maguire Boulevard, Suite 232, Orlando, Florida 32803-3767. 4. The permittee is hereby advised that Florida law states: "No person shall commence any excavation, construction, or other activity involving the use of sovereign or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund or the Department of Environmental Protection under Chapter 253, until such person has received from the Board of Trustees of the Internal Improvement Trust Fund the required lease, license, easement, or other form of consent authorizing the proposed use." Pursuant to Florida Administrative Code Rule 16Q-14, if such work is done without consent, or if a person otherwise damages state land or products of state land, the Board of Trustees may level administrative fines of up to ~10,000 per offense. 5. !f historic and/or archaeological cultural materials are discovered at any time within the project site, the permittee shall immediately stop all operations and notify the DEP district office and James Miller, State Archaeologist, Division of Historical Resources, Bureau of Archaeological Research, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250. 6. The project shall comply with applicable state water quality standards, including: A. 62-302.500 . minimum criteria for all surface waters at all places and at all times, B. 62-302.510 - Surface waters: oeneral criteria, and C. 62-302.560 - Class III Waters~- Recreation - Fropagation and maintenance of a healthy, well-balanced population of Fish and Wildlife. DEP FORM 62-1,201(5) Effective November 30, 1982 Page 4 of 6 Attachment B Page 12 of 22 Pages SSLE No. 29459 Permittee: City of Sebastian/ Riverview Park SPECIFIC CONDITIONS Permit Number: 31-264858-4 Expiration Date: August 16, 2000 :10. 11. 12. 13. 14. Turbidity barriers shall be installed around the entire work area prior to any construction commencement, remain installed until all work is complete, all disturbed areas have been fully stabilized and background conditions return. Turbidity barriers shall be inspected throughout the day to insure their proper installation and that they are functioning properly to control turbidity. Any upland area disturbed by the project shall be sodded within 72 hours of completion of the shoreline stabilization portion of the project to prevent erosion and siltation into the Indian River Aquatic Preserve. The 500 linear foot rock revetment shall be installed desirable vegetation found along the shoreline. The revetment shall be installed with a minimum (2 Horizontal:l Vertical). to avoid impacting of a 2:1 slope The rip rap material shall consist of clean coquina rocks ranging from six inches to two feet in diameter. There shall be a filter cloth installed between the rip rap material and the existing ground. Any material used as fill behind the revetment shall be clean fill and free of trash, garbage, vegetative matter, toxic or hazardous waste or any other material the Department considers as unsuitable. 15. The rip rap revetment shall be installed so that it is tied into the existing seawall to the north of the project and ties into the embankment behind the desirable vegetation at the southern end of the project site. 16. The experimental oyster bar shall be located in a sandy substrate, not on top of or within 10 feet of any submergent resources (oyster bar, seagrasses). 17. The entire 60 foot long by 8 foot wide structure including'the "T" 10 foot long by 12 foot wide terminus shall be used for fishing and observational purposes only. 18. The entire access structure shall be elevated a minimum of 5.0 feet above ordinary/mean high water and have a minimum of 1/2 inch spacing between the planks. DEP FORM 62-1.201(5) Effective November 30, 1982 Page 5 of 6 Attachment B Page 13 of 22 Pages SSLE No. 29459 Permittee: City of Sebastian/ Permit Number: 31-264858-4 Riverview Park.. Expiration Date: August 16, 2000 SPECIFIC CONDITIONS 19. 20. Handrails shall be installed along (both sides of the access pier) and around the entire structure as the structure is constructed. The handrails shall be installed between or through the pilings, not on top of them. 21. No mooring is authorized along any portion of the. entire structure at any time. "No Mooring" signs shall be posted on both sides of the access pier and on the terminus. There shall be no fish cleaning stations, boat repair facilities or equipment and fueling facilities on the structure. There shall be no bait houses, storage shelters, sun decks, gazebos, screen porches, wet bars, living quarters, or other non-water-dependent structures over waters of the State or on the pier/structure. Prior to construction of the structure, a floating turbidity apron/curtain shall be installed and remain in place until all pilings have been installed or until turbidity levels within the work area return to background levels. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION '¢i'vian F. G-~rfein" ' Director of District Management Date: ,~ ~ ~ ,, ~ I DEP FORM 62-1.201(5) Effective November 30, 1982 Page 6 of 6 Attachment B Page 14 of 22 Pages SSLE No. 29459 _PROJF~T DESCRIPTION The western shoreline of the Indian River which fronts the City of Sebastian's Riverview Park, along Indian River Drive, has been plagued for years with avulsion and erosion due to its exposure to northeasterly storms, which create damaging high energy waves. Attempts to harden the shore with concrete rubble and inappropriate f'di, without the use of f'flter cloth, have failed to protect the shoreline. The St. Jolms River Water Management District's SWIM program, working jointly with the City of Sebastian, is proposing a shoreline restoration project to reduce or eliminate the persistent source of sefllment loading into the lagoon. These sediments are causing negative impacts to adjacent seagrass'and oyster beds. The proposed project addresses 500 linear feet of shoreline. To stabilize and protect the shoreline, existing concrete rubble will be removed and replaced with a consistent f'dl material to attain a minimum 2:1 slope. An erosion control filter fabric will be installed and covered with 3 ft. size coq,ina boulders. In addition to the coquina rock, other measures will be taken to further the control of erosion while providing some ecological habitat value. Native ground cover grasses will be planted at the top of slope to reduce erosion due to stormwater runoff. Salt tolerant marsh grass (Sparfina alterniflora) will be planted at the toe of the hardened slope to buffer wave energy and provide habitat. Along the northernmost 100 ft., red mangroves will be planted in wooden planters set in the coquina rock, near the bottom of the slope. Mangroves will provide habitat and resource value, as well as aesthetics and educational opportunities. Along the southernmost 150 ft. of shoreline, 6 inch coquina rip rap will be placed 5-10 ft. offshore in a row approximately 4 ft. wide and 1.5 ft. high. The rock is intended to serxe as a substrate for oyster spat colonization and se~'e as a submerged wave break. At the project mid-point, a 60 ft. x 8 ft. wooden observation/fishing deck is proposed for public access. This feature will also provide additional environmental education and public awareness opportunities regarding seagrasses, oyster bars~ shoreline protection, etc. Attachment B Page 15 of 22 Pages SSLE No. 29459 BREVARI~ COUNTY Ce) C`-) Attachment B Page 16 of 22 Pages SSLE No. 29459 Attachment B Page 17 of 22 Pages SSLE No. 29459 Attachment B Pag~ 18 of 22 Pages SSLE No. 29459 0 Attachment B Page 22 of 22 Pages SSLE No. 29459