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HomeMy WebLinkAbout2014 04 16 SJRWMD Permit GEN-061-130339-3St. Johns River * " Water Management District Flans G. Tanzler Ill. ExemnW Dirmor 4049 Reid Street • P.O. Box 1429 • Palatka, FL 3217 8-1429 • (386) 329 -4500 On the Internet at tbridaswater com. April 16, 2014 City of Sebastian RECEi ✓&-�' 1225 Main St City Managers afc c, Sebastian, FL 32958 APR 2 12014 SUBJECT: General Permit GEN -061- 130339 -3 Dear Sir /Madam: The District has received your notice to use a general permit. Based on the submitted information, the proposed activity qualifies for a General Environmental Resource Permit pursuant to section 62- 330.447, Florida Administrative Code, provided it is constructed and operated in accordance with that general permit and the general conditions set forth in section 62- 330.405, Florida Administrative Code (attached). 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 If you do not publish, a party's right to challenge the issuance of the general permit extends for an indefinite period of time.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. If you do publish a notice, please submit a copy of the published notice to the District for our records. A copy of your application was transmitted to the U.S. Army Corps of Engineers for review. This authorization to use a general environmental resource permit does not obviate the need for obtaining all necessary permits or approval from other agencies. Sincerely, Margaret Daniels, Bureau Chief Bureau of Regulatory Support Enclosures: Notice of Rights List of Newspapers for Publication cc: District Permit File GOVERNING BOARD Jahn k Miklos, CHA1RMM Maryam H. Ghyabi, vxt CH iaum Fred N. Roberts Jr., sCCRm" George W. Robbins, TRfAS( m ORLANDO ORLOM SIACH OCALA .lACKSOPAMLE Dauatas C_ &Wrniaua Doualis Hurnett lad Daniels Chuck Drake Carta Yetter ST. JOHNS RIVER WATER MANAGEMENT DISTRICT GENERAL ENVIRONMENTAL RESOURCE PERMIT PERMIT NO. GEN- 061 - 130339 -3 DATE ISSUED: April 16, 2014 PROJECT NAME: Presidential Street Design - Washington Outfall -City of Sebastian A PERMIT AUTHORIZING: Construction of an outfall pipe extension for Presidential Street Design - Washington Outfall - City of Sebastian, a ±0.01 -acre project to be constructed as per plans received by the District on March 25, 2014. LOCATION: SECTION(S): 6 TOWNSHIP(S): 31S RANGE(S): 39E Indian River County City of Sebastian 1225 Main St Sebastian, FL 32958 The District received your notice to use a General Environmental Resource Permit pursuant to Chapter 62 -330, F.A.C. on March 26, 2014. Based on the forms, design plans, and other documents submitted with your notice, it appears that the project meets the requirements for a General Environmental Resource Permit. Any activities performed under a General Environmental Resource Permit are subject to the general conditions as specified in Section 62- 330.405, F.A.C. (attached). Any deviations from these conditions may subject you to enforcement action and possible penalties. Please be advised that the General Environmental Resource Permit expires 5 years from the date on which the notice of intent to use a General Environmental Resource Permit was received by the District. A copy of your notice also has been sent to the U.S. Army Corps of Engineers ( USACOE) for review. The USACOE may require a separate permit. Failure to obtain this authorization prior to construction could subject you to enforcement action and possible penalties. AUTHORIZED BY: St. Johns River Water Management District Division of Regulatory Engineering and Environmental Services By: John Juilianna Service Center Director "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER GEN- 061 - 130339 -3 City of SebastianJoe Griffin DATED April 16, 2014 The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit and may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. 2. This general permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any construction, alteration, operation, maintenance, removal or abandonment authorized by this permit. 3. This general permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the general permit. 4. The general permit does not relieve the permittee from liability and penalties when the permitted activity causes harm or injury to: human health or welfare; animal, plant or aquatic life; or property. It does not allow the permittee to cause pollution that violates state water quality standards. 5. Section 253.77, F.S., provides that a person may not commence any excavation, construction, or other activity involving the use of state -owned or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required consent, lease, easement, or other form of authorization authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on state - owned lands. 6. The authorization to conduct activities under a general permit may be modified, suspended or revoked in accordance with Chapter 120, F.S., and Section 373.429, F.S. 7. This permit shall not be transferred to a third party except pursuant to Rule 62- 330.340, F.A.C. The permittee transferring the general permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to sale, conveyance, or other transfer of ownership or control of the permitted project, activity, or the real property at which the permitted project or activity is located. 8. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the permitted system to ensure conformity with the plans and specifications approved by the permit. 9. The permittee shall maintain any permitted project or activity in accordance with the plans submitted to the Agency and authorized in this general permit. 10.A permitee's right to conduct a specific activity under this general permit is authorized for a duration of five years. 11. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance -based erosion and sediment control best management practices shall be implemented and maintained immediately prior to, during, and after construction as needed to stabilize all disturbed areas, including other measures specified in the permit to prevent adverse impacts to the water resources and adjacent lands. Erosion and sediment control measures shall be installed and maintained in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), available at www.dep.state.fl.us / water / wetlands / docs /erp /FLErosionSedimentManual 6 07.pdf, and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), available at www.dep.state.fl.us/ water /nonpoint/docs/ erosion /erosion - inspectors- manua1.pdf. 12. Unless otherwise specified in the general permit, temporary vehicular access within wetlands during construction shall be performed using vehicles generating minimum ground pressure to minimize rutting and other environmental impacts. Within forested wetlands, the permittee shall choose alignments that minimize the destruction of mature wetland trees to the greatest extent practicable. When needed to prevent rutting or soil compaction, access vehicles shall be operated on wooden, composite, metal, or other non - earthen construction mats. In all cases, access in wetlands shall comply with the following: (a) Access within forested wetlands shall not include the cutting or clearing of any native wetland tree having a diameter 4 inches or greater at breast height; (b) The maximum width of the construction access area shall be limited to 15 feet; (c) All mats shall be removed within 72 hours after the work commences; and (d) Areas disturbed for access shall be restored to natural grades immediately after the maintenance or repair is completed. 13. Barges or other work vessels used to conduct in -water activities shall be operated in a manner that prevents unauthorized dredging, water quality violations, and damage to submerged aquatic communities. 14. The construction, alteration, or use of the authorized project shall not adversely impede navigation or create a navigational hazard in the water body. 15. Except where specifically authorized in a general permit, activities must not: (a) Impound or obstruct existing water flow, cause adverse impacts to existing surface water storage and conveyance capabilities, or otherwise cause adverse water quantity or flooding impacts to receiving water and adjacent lands; (b) Cause an adverse impact to the maintenance of surface or ground water levels or surface water flows established pursuant to Section 373.042, F.S., or a Works of the District established pursuant to Section 373.086, F.S.; or 16. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245 -6333 or (800) 847 -7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. 17. The activity must be capable, based on generally accepted engineering and scientific principles, of being performed and of functioning as proposed, and must comply with any applicable District special basin and geographic area criteria. 18. The permittee shall comply with the following when performing work within waters accessible to federally- or state - listed aquatic species, such as manatees, marine turtles, smalltooth sawfish, and Gulf sturgeon: (a) All vessels associated with the project shall operate at "Idle Speed /No Wake" at all times while in the work area and where the draft of the vessels provides less than a four - foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. (b) All deployed siltation or turbidity barriers shall be properly secured, monitored, and maintained to prevent entanglement or entrapment of listed species. (c) All in -water activities, including vessel operation, must be shutdown if a listed species comes within 50 feet of the work area. Activities shall not resume until the animal(s) has moved beyond a 50 -foot radius of the in -water work, or until 30 minutes elapses since the last sighting within 50 feet. Animals must not be herded away or harassed into leaving. All on -site project personnel are responsible for observing water - related activities for the presence of listed species. (d) Any listed species that is killed or injured by work associated with activities performed shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1(888)404 -3922 and ImperiledSpecies(aD-myFWC.com. (e) Whenever there is a spill or frac -out of drilling fluid into waters accessible to the above species during a directional drilling operation, the FWC shall be notified at imperiledspecies(a)myfwc.com with details of the event within 24 hours following detection of the spill or frac -out. 19. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any activity authorized by the general permit. 20. The permittee shall immediately notify the Agency in writing of any submitted information that is discovered to be inaccurate. 21. The permittee shall limit stream channel relocation to streams which have an average discharge of 10 cubic feet per second or less. The length of relocated channels or those significantly altered shall be limited to 200 feet per stream. A stream channel shall be altered only when such a measure will reduce the long term adverse water quality impacts and will maintain or restore the stream's natural hydraulic capability; and 22. This general permit shall not apply to ditch construction in Class I or Class II surface waters, Outstanding National Resource Waters or waters designated as Outstanding Florida Waters. 23. Activities under this general permit must not diminish existing stormwater treatment, attenuation, or conveyance capacity. 24. This general permit does not authorize the construction of additional traffic lanes. Activities that require additional traffic lanes must first obtain an individual environmental resource permit under this chapter, as applicable, before the start of construction. 25. The proposed project must be constructed and operated in accordance with the plans received by the District on March 25, 2014. 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 Clerk(@sjrwmd.com, within twenty -six (26) days of the District depositing the notice of District decision in the mail (for those persons to whom the District mails actual notice), within twenty -one (21) days of the District emailing the notice of District decision (for those persons to whom the District emails actual notice), or within twenty -one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28 -106, Florida Administrative Code. The District will not accept a petition sent by facsimile (fax), as explained in paragraph no. 4 below. 2. Please be advised that if you wish to dispute this District decision, mediation may be available and that choosing mediation does not affect your right to an administrative hearing. If you wish to request mediation, you must do so in a timely -filed petition. If all parties, including the District, agree to the details of the mediation procedure, in writing, within 10 days after the time period stated in the announcement for election of an administrative remedy under Sections 120.569 and 120.57, Florida Statutes, the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, shall be tolled to allow mediation of the disputed District decision. The mediation must be concluded within 60 days of the date of the parties' written agreement, or such other timeframe agreed to by the parties in writing. Any mediation agreement must include provisions for selecting a mediator, a statement that each party shall be responsible for paying its pro -rata share of the costs and fees associated with mediation, and the mediating parties' understanding regarding the confidentiality of discussions and documents introduced during mediation. If mediation results in settlement of the administrative dispute, the District will enter a final order consistent with the settlement agreement. If mediation terminates without settlement of the dispute, the District will notify all the parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Florida Statutes, is resumed. Even if a party chooses not to engage in formal mediation, or if formal mediation does not result in a settlement agreement, the District will remain willing to engage in informal settlement discussions. 3. A person whose substantial interests are or may be affected has the right to an informal administrative hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute. A petition for an informal hearing must also comply with the requirements set forth in Rule 28- 106.301, Florida Administrative Code. Notice Of Rights 4. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District's regular business hours. The District's regular business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8:00 a.m. on the District's next regular business day. The District's acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28- 101.001, Florida Administrative Code), which is available for viewing at floridaswater.com. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile is prohibited and shall not constitute filing. 5. Failure to file a petition for an administrative hearing within the requisite timeframe shall constitute a waiver of the right to an administrative hearing. (Rule 28- 106.111, Florida Administrative Code). 6. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28 -106, Florida Administrative Code, and Rule 40C- 1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. A person whose substantial interests are or may be affected by the District's final action has the right to become a party to the proceeding, in accordance with the requirements set forth above. 7. Pursuant to Section 120.68, Florida Statutes, a party to the proceeding before the District who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, within 30 days of the rendering of the final District action. 8. A District action is considered rendered, as referred to in paragraph no. 7 above, after it is signed on behalf of the District and filed by the District Clerk. 9. Failure to observe the relevant timeframes for filing a petition for judicial review as described in paragraph no. 7 above will result in waiver of that right to review. NOR. Decision. DOC.001 Revised 12.7.11 Notice Of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent to the permittee: City of Sebastian 1225 Main St Sebastian, FL 32958 This 16th day of April, 2014. 7X -DZ4Va-J Margaret Daniels, Bureau Chief Bureau of Regulatory Support St. Johns River Water Management District 4049 Reid Street Palatka, FL 32177 -2529 (386) 329 -4570 Permit Number: GEN- 061 - 130339 -3 NOTICING INFORMATION Dear Permittee: Please be advised that the St. Johns River Water Management District has not published a notice in the newspaper advising the public that it has issued a permit for this project. Newspaper publication, using the District's form, notifies members of the public of their right to challenge the issuance of the permit. If proper notice is given by newspaper publication, then there is a 21 -day time limit to file a petition challenging the issuance of the permit. To close the point of entry for filing a petition, you may publish (at your own expense) a one- time notice of the District's decision in a newspaper of general circulation within the affected area as defined in Section 50.011 of the Florida Statutes. If you do not publish a newspaper notice, the time to challenge the issuance of your permit will not expire. A copy of the notice and a partial list of newspapers of general circulation are attached for your convenience. However, you are not limited to those listed newspapers. If you choose to close the point of entry and the notice is published, the newspaper will return to you an affidavit as proof of publication. Please submit a scanned copy of the affidavit by emailing compliancesupport@sjrwmd.com (preferred method) or send the original affidavit of publication to: Margaret Daniels, Bureau Chief Bureau of Regulatory Support 4049 Reid Street Palatka, FL 32177 If you have any questions, please contact the Bureau of Regulatory Support at (386) 329- 4570. Sincerely, Margaret Daniels, Bureau Chief Bureau of Regulatory Support NOTICE OF AGENCY ACTION TAKEN BY THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Notice is given that the following permit was issued on (Name and address of applicant) permit# . The project is located in County, Section , Township South, Range East. The permit authorizes a surface water management system on acres for known as The receiving water body is A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28 -106 and Rule 40C- 1.1007, Florida Administrative Code (F.A.C.), the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P.O. Box 1429, Palatka FL 32178 -1429 (4049 Reid St, Palatka, FL 32177) or by e-mail with the District Clerk at Cleric @sjrwmd.com, within twenty six (26) days of the District depositing the notice of intended 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 intended 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 intended District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes (F.S.), and Chapter 28- 106, F.A.C. The District will not accept a petition sent by facsimile (fax). Mediation pursuant to Section 120.573, F.S., is not available. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District's regular business hours. The District's regular business hours are 8 a.m. — 5 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8 a.m. on the 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 floridaswater.com. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile (fax) is prohibited and shall not constitute filing. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28 -106, Florida Administrative Code, and Rule 40C- 1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. Failure to file a petition for an administrative hearing within the requisite time frame shall constitute a waiver of the right to an administrative hearing. (Rule 28- 106.111, F.A.C.). If you wish to do so, please visit http:// floridaswater .com /noticeofrights/ to read the complete Notice of Rights to determine any legal rights you may have concerning the District's intended decision(s) on the permit application(s) described above. You can also request the Notice of Rights by contacting the Bureau Chief, Bureau of Regulatory Support (RS), 4049 Reid St., Palatka, FL 32177 -2529, tele. no. (386)329 -4570. NEWSPAPER ADVERTISING ALACHUA The Alachua County Record, Legal Advertising P. 0. Box 806 Gainesville, FL 32602 352 - 377 -2444/ fax 352 - 338 -1986 BRAFORD Bradford County Telegraph, Legal Advertising P. 0. Drawer A Starke, FL 32901 904 - 964 -63051 fax 904- 964 -8628 CLAY Clay Today, Legal Advertising 1560 Kinsley Ave., Suite 1 Orange Park, FL 32073 904- 264 -3200/ fax 904- 264 -3285 FLAGLER Flagler Tribune, c/o News Journal P. 0. Box 2831 Daytona Beach, FL 32120 -2831 386- 681 -2322 LAKE Daily Commercial, Legal Advertising P. 0. 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