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HomeMy WebLinkAbout2002 - General PermitSt. Dana River .. Water Management District Kirby B: Green Ill, Executive Director • John R. Wehle, Assistant Executive Director Post Office Box 1429 . Palatka, FL 32178 -1429 • (386) 329 -4500 October 23, 2002 City of Sebastian 1225 Main St Sebastian, FL 32958 SUBJECT: Permit Number 40- 061 - 88172 -3 T- Hangar Develop ment/Access Roads Dear Sir /Madam: Enclosed is your general permit as authorized by the staff of the St. Johns River Water Management District on October 23, 2002. This permit is a legal document and should be kept with your other important documents. The attached MSSW /Stormwater As -Built Certification Form should be filled in and returned to the Palatka office within thirty days after the work is completed. By so doing, you will enable us to schedule a prompt inspection of the permitted activity. In addition to the MSSW /Stormwater As -Built Certification Form, your permit also contains conditions which require submittal of additional information. All information submitted as compliance to permit conditions must be submitted to the Palatka office address. Permit issuance does not relieve you from the responsibility of obtaining permits from any federal, state and /or local agencies asserting concurrent jurisdiction for this work. 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- daytime 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 If you do not publish, a party's right to challenge the issuance of the general permit extends for an indefinite period of time.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 40C- 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 Duane Ottenstroer, cHAIRMAN Ometrias D. Long, vlcs CHAIRMAN R. Clay Albright, swFir —r RY David G. Graham, TREASuRER JACKSONQ..E APOPKA EAST WE WEIR JACKSONNUF W. Michael Branch Jeff K. Jennings William Kerr Ann T. Moore Catherine A. Walker FERNANDINA BEACH MArrLAND MELBOURNE BEACH BUNNELL ALTAMONTE SPRINGS 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, &J fi� Ja et White Sr.Permit Data Technician Division of Permit Data Services Enclosures: Permit with As -built Certification Form Notice of Rights List of Newspapers for Publication cc: District Permit File Agent: The LPA Group Incorporated 12000 Research Pkwy Apt. 152 Sebastian, FL 32958 Consultant: The LPA Group incorporated 12000 Research Pkwy Apt. 152 Sebastian, FL 32958 ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 Palatka, Florida 32178 -1429 PERMIT NO. 40- 061 - 68172 -3 DATE ISSUED: October 23. 2002 PROJECT NAME: T- Hanaar Develooment/Access Roads A PERMIT AUTHORIZING: Construction of a surface water management system with stormwater treatment by dry detention with underdrain for T- Hangar Development/Access Roads, an 11.56 -acre project to be constructed as per plans received by the District on September 25, 2002 and amended by sheets C2.1, C4.1 and C5.5 received by the District on September 30, 2002. LOCATION: Section(s); 28,29 Township(s): 31S Range(s): 38E Indian River County City of Sebastian 1225 Main St Sebastian, FL 32958 Permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages, claims, or liabilities which may arise from permit issuance. Said application, including all plans and specifications attached thereto, is by reference made a part hereof. This permit does not convey to permittee any property rights nor any rights of privileges other than those specified therein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit may be revoked, modified or transferred at any time pursuant to the appropriate provisions of Chapter 373, Florida Statutes: PERMIT IS CONDITIONED UPON: See conditions on attached "Exhibit A ", dated October 23, 20102 AUTHORIZED BY: St. Johns River Water Management District Department of Resource Management By: Servic Center Director - Palm Say) John Juilianna "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 4D- D61- 68172 -3 CITY OF SEBASTIAN DATED OCTOBER 23, 2002 1. All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications, shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted in a manner which do not cause violations of state water quality standards. 4. Prior to and during construction, the permittee shall implement and maintain all erosion and sediment control measures (best management practices) required to retain sediment on -site and to prevent violations of state water quality standards. All practices must be in accordance with the guidelines and specifications in chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988), which are incorporated by reference, unless a project specific erosion and sediment control plan is approved as part of the permit, in which case the practices must be in accordance with the plan. If site specific conditions require additional measures during any phase of construction or operation to prevent erosion or control sediment, beyond those specified in the erosion and sediment control plan, the permittee shall implement additional best management practices as necessary, in accordance with the specifications in chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988). The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. S. 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- 4.9001(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- 4.90D(4). These forms shall be submitted during June of each year. 8. For those systems which will be operated or maintained by an entity which will require an easement or deed restriction in order to provide that entity with the authority necessary to operate or maintain the system, such easement or deed restriction, together with any other final operation or maintenance documents as are required by subsections 7.1.1 through 7.1.4 of the Applicant's Handbook: Management and Storage of Surface Waters, must be submitted to the District for approval. Documents meeting the requirements set forth in these subsections of the Applicant's Handbook will be approved. Deed restrictions, easements and other operation and maintenance documents which require recordation either with the Secretary of State or the Clerk of the Circuit Court must be so recorded prior to lot or unit sales within the project served by the system, or upon completion of construction of the system, whichever occurs first. For those systems which are proposed to be maintained by county or municipal entities, final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local governmental entity. Failure to submit the appropriate final documents referenced in this paragraph will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system. 9. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by the portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to local government or other responsible entity. 10. Within 30 days after completion of construction of the permitted system, or independent portion of the system, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing As Built Certification Form 40C- 1.181(13) or 40C- 1.181(14) supplied with this permit. When the completed system differs substantially from the permitted plans, any substantial deviations shall be noted and explained and two copies of as -built drawings submitted to the District. Submittal of the completed from shall serve to notify the District that the system is ready for inspection. The statement of completion and certification shall be based on on -site observation of construction (conducted by the registered professional engineer, or other appropriate individual as authorized by law, or under his or her direct supervision) or review of as -built drawings for the purpose of determining if the work was completed in compliance with approved plans and specifications. As -built drawings shall be the permitted drawings revised to reflect any changes made during construction. Both the original and any revised specifications must be clearly shown. The plans must be clearly labeled as "as- built" or "record" drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. The following information, at a minimum, shall be verified on the as -built drawings: 1. Dimensions and elevations of all discharge structures including all weirs, slots, gates, pumps, pipes, and oil and grease skimmers; 2. Locations, dimensions, and elevations of all filter, exfiltration, or underdrain systems including cleanouts, pipes, connections to control structures, and points of discharge to the receiving waters; 3. Dimensions, elevations, contours, or cross - sections of all treatment storage areas sufficient to determine state- storage relationships of the storage area and the permanent pool depth and volume below the control elevation for normally wet systems, when appropriate; 4. Dimensions, elevations, contours, final grades, or c rose - sections of the system, tc. determine flow directions and conveyance of runoff to the treatment system; 5. Dimensions, elevations, contours, final grades, or cross - sections of all conveyance systems utilized to convey off -site runoff around the system; 6. Existing water elevation(s) and the date determined; and Elevation and location of benchmark(s) for the survey. 11. The operation phase of this permit shall not become effective until the permittee has complied with the requirements of general condition 9 above, the District determines the system to be in compliance with the permitted plans, and the entity approved by the District in accordance with subsections 7.1.1 through 7.1.4 of the Applicants 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 responsibie approved operation and maintenance entity, if different from the permittee. Until the permit is transferred pursuant to section 7.1 of the Applicant's Handbook: Management and Storage of Surface Waters, the permittee shall be liable for compliance with the terms of the permit. 12. Should any other regulatory agency require changes to the permitted system, the permittee shall provide written notification to the District of the changes prior implementation so that a determination can be made whether a permit modification is required. 13. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in 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 -4 or chapter 40C -40, F.A.G. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered specifically approved unless a specific condition of this permit or a formal determination under section 373.421(2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of section 40C- 1.612, F.A.C. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the District. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. 20. This permit for construction will expire five years from the date of issuance. 21. 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. 22. 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. 23. Prior to construction, the permittee must clearly designate the limits of construction on -site. The permittee must advise the contractor that any work outside the limits of construction, including clearing, may be a violation of this permit. 23. The surface water management must be constructed and operated as per plans received by the District on September 25, 2002 and amended by sheets C2. 1, C4.1 and C5.5 received by the District on September 30, 2002. 24. Prior to wetland impacts, the permittee must submit documentation to the District demonstrating that the three approved parcels have been successfully donated to Brevard County - Environmentally Endangered Lands ,program. Notice Of Rights 1. A person whose substantial interests are or may be determined has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District), or may choose to pursue mediation as an alternative remedy under Sections 120.569 and 120.573, Florida Statutes, before the deadline for filing a petition. Choosing mediation will not adversely affect the rights to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth in Sections120.569 and 120.57, Florida Statutes, and Rules 28- 106.111 and 28- 106.401 -.405, Florida Administrative Code. Pursuant to Chapter 28 -106 and Rule 40C- 1.1007, Florida Administrative Code, the petition must be filed at the office of the District Clerk at District Headquarters, P. O. Box 1429, Palatka, Florida 32178 -1429 (4049 Reid St., Palatka, FL 32177) 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) 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 actual notice). A petition must comply with Chapter 28 -106, Florida Administrative Code. 2. If the Governing Board takes action which substantially differs from the notice of District decision, a person whose substantial interests are or may be determined has the right to request an administrative hearing or may choose to pursue mediation as an alternative remedy as described above. Pursuant to District Rule 40C- 1.1007, Florida Administrative Code, the petition must be filed at the office of the District Clerk at the address described above, within twenty -six (26) days of the District depositing notice of final District decision in the mail (for those persons to whom the District mails actual notice) or within twenty -one (21) days of newspaper publication of the notice of its final agency action (for those persons to whom the District does not mail actual notice). Such a petition must comply with Rule Chapter 28 -106, Florida Administrative Code. 3. A substantially interested person has the right to a formal administrative hearing pursuant to Section 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 must comply with the requirements set forth in Rule 28- 106.201, Florida Administrative Code. 4. A substantially interested person has the right to an informal 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 comply with the requirements set forth in Rule 28- 106.301, Florida Administrative Code. 5. A petition for an administrative hearing is deemed filed upon delivery of the petition to the District Clerk at the District headquarters in Palatka, Florida. 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 (Section 28- 106.111, Florida Administrative Code). 7. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, and Chapter 28 -106, Florida Administrative Code and Section 40C- 1.1007, Florida Administrative Code. Notice Of Rights 8. An applicant 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 his property, has the right to, within 30 days of receipt of notice of the District's written decision regarding a permit application, apply for a special master 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. C. Box 1429, Palatka, FL 32178 -1429 (4049 Reid St., Palatka, Florida 32177). A request for relief must contain the information listed in Subsection 70.51(6), Florida Statutes. 9. A timely filed request for relief under Section 70.51, Florida Statutes, tolls the time to request an administrative hearing under paragraph no. 1 or 2 above (Paragraph 70.51(10) (b), Florida Statutes). However, the filing of a request for an administrative hearing under paragraph no. 1 or 2 above waives the right to a special master 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 master proceeding (Subsection 70.51 (3), Florida Statutes). 11. Any substantially affected person 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 the rendering of the final District action, (Section 373.617, Florida Statutes). 12. Pursuant to Section 120.68, Florida Statutes, a person 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 the 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 Department of Environmental Protection and any person named in the order within 20 days of adoption of a rule or the rendering of the District order. 14. For appeals to the District Court of Appeal, a District action is considered rendered 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 for judicial review described in paragraphs #11 and #12, or for Commission review as described in paragraph #13, 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 23rd day of October, 2002. "4z , ('C�- ')�p Division of Permit Data(Services Gloria Lewis. Director St. Johns River Water Management District Post Office Box 1429 Palatka, FL 32178 -1429 (386) 329 -4152 Permit Number: 40- 061 - 68172 -3 St. + ns River Water Management District Kirby B. Green Ill, Executive Director - John R. Wehle, Assistant Executive Director - Mike Slayton, Deputy Executive Director John Juifianna, Palm Bay Service Center Director, Regulatory 525 Community College Parkway S.E. - Palm Bay, FL 32909 - (321) 984 -4940 Dear Permittee: The District recently issued the enclosed permit. We would like to offer our assistance to insure that your project is constructed in accordance with the District permit. We will be glad to arrange for a representative from this office to attend any preconstruction meeting that you may schedule for this project. For planning purposes, we ask that you give us at least 10 days notice prior to the scheduled meeting. This will enable us to gather all necessary information regarding your permit. If no other preconstruction meeting is scheduled, you may arrange a separate meeting with only District staff. On permits where mitigation is proposed, the permittee is required by condition to schedule a meeting with District staff. Therefore, please check your permit conditions to determine whether or not a preconstruction meeting is required. Please feel free to call Karen Boles at (321) 676 -6616 to notify us of your preconstruction meetings, or to arrange a meeting with District staff. cc: file copy Consultant PDS -CI GOVERNING BOARS Duane ohenstroer, CHAIRLw4 ©metrics D. Long, VICECHAIR" R. Clay Albright, SECRETARY David G. Graham, TREASURER JACKSONVILLE APGPKA EAST LAKE WEIR JACKSONVILLE W. Michael Branch Jeff K. Jenninas William Kerr Ann r. Moore Catherine A. Walker FERNANDINA BEACH MAITIA0 MELBOURNE BEACH BUNNELL ALTAMONTE SPRINGS