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HomeMy WebLinkAbout2013 09 20 SJRWMD Permit 42-061-130339-2MK.1 St. lohns River Water Management Hans G. Tanzler III, Executive Directo District 4049 Reid Street - P.O. Box 1429 • Palatka, FL 32178 -1429 - (386) 329 -4500 On the Internet at floridaswater.com. September 20, 2013 City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: President Streets Improvement Project Letter Modification Number 42- 061 - 130339 -2 (Please reference the above number on any submittal) The St. Johns River Water Management District is in receipt of your request for letter modification to Permit Number 42- 061 - 130339 -1. Based upon staff review of the information you submitted, the proposed modification qualifies for a letter modification pursuant to 40C- 4.331(1)(b), Florida Administrative Code (F.A.C.). A copy of the modified permit is enclosed for your records. Please be advised that the District has not published a notice in the newspaper to advise the public that it is issuing this letter of modification. If you do not publish a notice in the newspaper, a party's right to challenge the issuance of this letter modification extends for an indefinite period of time. If you wish to have certainty that the period of filing such a challenge is closed, then you may publish, at your own expense, such a notice in a newspaper of general circulation within the area that includes the project to which the modification applies. A copy of the form of the notice is attached for your use. If you have any questions, please contact Mark Crosby at (321) 676 -6631 or Susan Moor at (321) 676 -6626. Sincerely, -?K •, -J Margaret Daniels, Bureau Chief Bureau of Regulatory Support cc: District Permit File GOVERNING BOARD Lad Daniels, CHAIRMAN John A. Miklos, VICE CHAIRMAN Douglas C. Bournique, SECRETARY Maryam H. Ghyabi, TREASURER JACKSONVILLE ORLANDO VERO BEACH ORMOND BEACH Douglas Burnett Chuck Drake George W. Robbins Fred N. Roberts, Jr. W. Leonard Wood ST. AUGUSTINE ORLANDO JACKSONVILLE OCALA FERNANDINABEACH REGULATION OF STORMWATER MANAGEMENT SYSTEMS CHAPTER 40C -42, F.A.C. PERMIT NO. 42-061-130339-2 DATE ISSUED: September 20, 2013 A PERMIT AUTHORIZING: Construction of a Stormwater Management System with stormwater treatment by Alternative for President Streets Improvement Project, a 4.22 - acre project to be constructed as per plans received by the District on May 2, 2012, and as modified by plans received on August 30, 2013. LOCATION: Section(s): 6 Township(s): 31S Range(s): 39E Indian River County ISSUED TO: City of Sebastian 1225 Main Street Sebastian, FL 32958 This document shall serve as the formal permit for construction and operation of stormwater management system in accordance with Chapter 40C -42, F.A.C., issued by the staff of the St. Johns River Water Management District on September 20, 2013. This permit is subject to the standard limiting conditions and other special conditions approved by the staff. These conditions are enclosed. This permit is a legal document and should be kept with your other important records. The permit requires the submittal of an As -built certification and may require submittal of other documents. All information provided in compliance with permit conditions should be submitted to the District office from which the permit was issued. An As -built certification form is attached. Complete this form within 30 days of completion of construction of the permitted system, including all site work. Upon receipt of the As -built certification, staff will inspect the project site. Once the project is found to be in compliance with all permit requirements, the permit may be converted to its operation phase and responsibility transferred to the operation and maintenance entity in accordance with Chapter 40C- 42.028, F.A.C. Permit issuance does not relieve you from the responsibility for obtaining permits from any federal, state, and /or local agencies asserting concurrent jurisdiction over this work. Please note that if dewatering is to occur during any phase of construction or thereafter and the surface water pump(s), wells, or facilities are capable of withdrawing one million gallons of water per day or more, or an average of 100,000 gallons per day or more over a year, and any discharge is to be off -site, you must apply for and obtain a Consumptive Use Permit (40C -2) from the District prior to starting the dewatering. Please contact the District if you need additional information or application materials. Permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages, claims, or liabilities which may arise from permit issuance. Said application, including all plans and specifications attached thereto, is by reference made a part thereof. This permit does not convey to permittee any property rights nor any rights 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. In the event you sell your property, the permit will be transferred to the new owner, if we are notified by you within thirty days of the sale. Please assist us in this matter so as to maintain a valid permit for the new property owner. Thank you for your cooperation, and if this office can be of any further assistance to you, please do not hesitate to contact us. John Juilianna Service Center Director Enclosures: As -built Certification Form Exhibit A cc: District Permit File Agent: Frank Watanabe Neel- Schaffer, Inc. 2925 -B 20th St Vero Beach, FL 32960 "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 42- 061 - 130339 -2 City of Sebastian DATED SEPTEMBER 20, 2013 1. Permittee must obtain a permit from the District prior to beginning construction of subsequent phases or any other work associated with this project not specifically authorized by this permit. 2. Before any offsite discharge from the stormwater management system occurs, the retention and detention storage must be excavated to rough grade prior to building construction or placement of impervious surface within the area served by those systems. Adequate measures must be taken to prevent siltation of these treatment systems and control structures during construction or siltation must be removed prior to final grading and stabilization. 3. The permittee must maintain a copy of this permit complete with all conditions, attachments, exhibits, and permit modification in good condition at the construction site. The complete permit must be available for review upon request by District representatives. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 4. All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall be considered a violation of this permit. 5. District authorized staff, upon proper identification, must be granted permission to enter, inspect and observe the system to insure conformity with the plans and specifications approved by the permit. 6. Prior to and during construction, the permittee shall implement and maintain all erosion and sediment control measures (best management practices) required to retain sediment on -site and to prevent violations of state water quality standards. All practices must be in accordance with the guidelines and specifications in chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988), which are hereby incorporated by reference, unless a project specific erosion and sediment control plan is approved as part of the permit, in which case the practices must be in accordance with the plan. If site specific conditions require additional measures during any phase of construction or operation to prevent erosion or control sediment, beyond those specified in the erosion and sediment control plan, the permittee shall implement additional best management practices as necessary, in accordance with the specification in chapter 6 of the Florida Land Development Manual: A guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988). The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 7. If the permitted system was designed by a registered professional, within 30 days after completion of the stormwater system, the permittee must submit to the District the following: District Form No. 40C- 1.181(13) (As built Certification By a Registered Professional), signed and sealed by an appropriated professional registered in the State of Florida, and one (1) set of "As Built" drawings when a) required by a special condition of this permit, b) the professional uses "As Built' drawings to support the As Built Certification, or c) when the completed system substantially differs from permitted plans. This submittal will serve to notify the District staff that the system is ready for inspection and approval. 8. If the permitted system was not designed by a registered professional, within 30 days after completion of the stormwater system, the permittee must submit to the District the following: District Form No. 40C- 1.181(14) (As built Certification), signed by the permittee and one (1) set of "As Built" drawings when required by a special condition of this permit, or when the completed system substantially differs from permitted plans. This submittal will serve to notify the District staff that the system is ready for inspection and approval. 9. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than seven (7) days before the construction activity in that portion of the site has temporarily or permanently ceased. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall provide written notification to the District of the Changes prior to implementation so that a determination can be made whether a permit modification is required. 11. Within thirty (30) days after sale or conveyance of the permitted stormwater management system or the real property on which the system is located, the owner in whose name the permit was granted shall notify the District of such change of ownership. Transfer of the permit shall be in accordance with the provisions of section 40C- 1.612, F.A.C. All terms and conditions of this permit shall be binding upon the transferee. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer. 12. The stormwater management system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure. The system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the stormwater management system to a local government or other responsible entity. 13. The operation phase of the permit shall not become effective until the permittee has submitted the appropriate As -Built Certification Form, the District determines that the system complies with the permitted plans, and the entity approved by the District in accordance with section 40C- 42.027, F.A.C., accepts responsibility for operation and maintenance of the system. The permit cannot be transferred to such an approved, responsible operation and maintenance entity until the requirements of section 40C- 42.028, F.A.C., are met, and the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District in accordance with section 40C- 42.028, F.A.C., the permittee shall request transfer of the permit to the responsible approved operation and maintenance entity, if different from the permittee. Until the permit is transferred pursuant to subsection 40C- 42.028 (4) F.A.C., the permittee shall be liable for compliance with the terms of the permit. 14. Prior to lot or unit sales, or upon completion of construction of the system, whichever occurs first, the District must receive the final operation and maintenance document(s) approved by the District and recorded, if the latter is appropriate. For those systems which are proposed to be maintained by county or municipal entities, final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity, Failure to submit the appropriate final document will result in the permittee remaining personally liable for carrying out maintenance and operation of the permitted system. 15. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40C- 42.028, F.A.C. 16. 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. 17. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. 18. Activities approved by this permit shall be conducted in a manner which do not cause violations of state water quality standards. 19. 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. 20. 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. 21. The operation and maintenance entity shall inspect the stormwater or surface water management system once within two years after the completion of construction and every two years thereafter to determine if the system is functioning as designed and permitted. The operation and maintenance entity must maintain a record of each required inspection, including the date of the 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. If at any time the system is not functioning as designed and permitted, then within 14 days the entity shall submit an Exceptions Report to the District, on form number 40C- 42.900(6), Exceptions Report for Stormwater Management Systems Out of Compliance. 22. The proposed stormwater management system shall be constructed and operated in accordance with plans received by the District on May 2, 2012, and additional plans received August 30, 2013. 23. This permit, and associated conditions, supersedes permit number 42- 061 - 130339 -1. Notice Of Rights 1. 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 ClerkO-sirwmd.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. 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 floddaswater.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 by U.S. Mail to: City of Sebastian 1225 Main Street Sebastian, FL 32958 At 4:00 p.m. this 20th day of September, 2013. 7 Margaret Daniels, Bureau Chief Bureau of Regulatory Support St. Johns River Water Management District 4049 Reid Street Palatka, FL 32177 (386) 329 -4570 Permit Number: 42 -061- 130339 -2