HomeMy WebLinkAbout2004 Construction Operation Permit06/29/2004 07:19 321722-5357 SJRWMD PALM BAY PAGE 02
•
Johns R�ve:r
st,
Water Management District
HlrtryB,Groan tll,E.CullveDirectof • David W,Fek,AsslstentEzeallvaDlryfor
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4049 Reid Street P.O. Box 1429 F� Palatka, FL 3217B-1429
On the Internet at wwwsjnvmd.com.
(386) 329.4500
RMWATER MANAGEMENT SYSTEMS
REGULATION 01= STO
CHAPTER 400-42, F.A.C.
DATE ISSUED: June 28 2004
PERMIT NO, 42-0� 6l �!`=8
A PERMIT AU7NORIZING:
Construction of a St Management System with stormwater treatment by retention for
25, 2004 and amended sheet C-4 received by the
Sebastian Admin. Bldg &Police Evidence Compound, a 2.83 -acre project to be constructe as
per plans received by the District on MaY
District on June 25, 2004.
LOCATION:
Township(s): 31S Rangs(s): 38E
Section(s):
Indian River County
Cityof Sebastian
1225 Mafn St
Sebastian, FL 32958-8697
truction d operation of stormwater
This document sem n accordance wmal th permit
rmitfo const,, F.A.0 n issued by the staff of the St.
management sy
roved by the staff. These
Johns River Water Management District on June 28, 2004• This permit is subject to e
standard limiting conditions and other special conditions app
conditions are enclosed, important records. The
permit requires the submittal of an As -built certification and may condrequitions
submittal of other
This permit is a legal document and should be kept with your other
h permit
ld be
bmitted
documents. All information providedin compliance
issued, An As.built certificationuform is attached.
ttached•
to the District office from Which the permit
struction of the permitted system,
Complete this form within 30 days of completion of con
including all site work. is
Upon receipt of the As -built cert ication, staff will inspect the project site. Once the project
found to be In compliance with all permit requirements, the permit maybe converted to its
operation phase and responsibility transferred to the operation and maintenance entity in
accordance with Chapter 4013-42.028,
__.. r.0VERNrNG OOARO D'Jen6 Oj12f1elrner,TREnaeHER
�J~ NCE ClU�RGAN R. clay Aiblight,seumIUAW ucK,c+R�'aue
oNeiFMnN David G. Graham, OMA Susan N. Hughes
Oroaries 0. Long, , SCNVRLE AnnT.MeOIa
APOW William Hart awNM 1M1CKaVNVhLE
John G. Sowinskl If,RW911F PEPV " -
06!29/2004 07:19 321722-5357 SJRWMD PALM BAY PAGE 03
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 10o,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 or 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 Pe rmittee 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.
Fariborz Zanganeh, Supervising Prof Engineer - Palm Bay
Department of Water Resources
Enclosures: As -built Certification Form
Exhibit A
cc: District Permit File
Agent: Mosby & Associates Inc
2455 14th Ave
Vero Beach, FL 32960
Consultant: Mosby & Associates Inc
2455 14th Ave
Vero Beach, FL 32960
06/29/2004 07:19 321722-5357 SJRWMD PALM BAY PAGE 04
"EXHIBIT A"
CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 42-061-68172.8
CITY OF SEBASTIAN
DATED JUNE 28, 2004
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 speeifled 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.
5. Stabilization measures shall be initiated for erosion and sediment control on disturbed
areas as soon as practicable in portions of the site where construction activities have
temporarily or permanently ceased, but in no case more than 7 days after the
construction activity in that portion of the site has temporarily or permanently ceased.
6. At least 48 hours prior to commencement of activity authorized by this permit, the
permittee shall submit to the District a Construction Commencement Notice Form No.
400-4.900(3) indicating the actual start date and the expected completion date.
7. When the duration of construction will exceed one year, the permittee shall submit
construction status reports to the District on an annual basis utilizing an Annual Status
Report Form No. 40C-4.900(4). These forms shall be submitted during June of each
year.
8. For those systems which will be operated or maintained by an entity which will require
an easement or deed restriction in order to provide that entity with the authority
necessary to operate or maintain the system, such easement or deed restriction,
together with any other final operation or maintenance documents as are required by
subsections 7.1.1 through 7-1.4 of the Applicant's Handbook: Management and Storage
of Surface Waters, must be submitted to the District for approval. Documents meeting
the requirements set forth in these subsections of the Applicant's Handbook will be
06/29/2004 07:19 321722-5357 SJRWMD PALM BAY PAGE 05
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 underdraln systems
-including cleanouts, pipes, connections to control structures; and,pointsrof discharge to
the receiving waters;
3. Dimensions, elevations, contours, or cross-sections of all treatment storage areas
sufficient to determine state -storage relationships of the storage area and the permanent
pool depth and volume below the control elevation for normally wet systems, when
appropriate;
4. Dimensions, elevations, contours, final grades, or cross-sections of the system to
determine flow directions and conveyance of runoff to the treatment system;
5. Dimensions, elevations, contours, final grades, or cross-sections of all conveyance
systems utilized to convey off-site runoff around the system;
06/29/2004 07:19 321722-5357 SJRWMD PALM BAY PAGE 06
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 Applicant's Handbook:
Management and Storage of Surface Waters, accepts responsibility for operation and
maintenance of the system. The permit may not be transferred to such an approved
operation and maintenance entity until the operation phase of the permit becomes
effective. Following inspection and approval of the permitted system by the District, the
permittee shall request transfer of the permit to the responsible approved operation and
maintenance entity, if different from the permittee. Until the permit is transferred
pursuant to section 7.1 of the 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.C.
14. The permittee shall hold and save the District harmless from any and all damages,
claims, or liabilities which may arise by reason of the activities Authorized by the permit
or any use, of the permitted system.
15, Any delineation of the extent of a wetland or other surface water submitted as part of the
permit application, including plans or other supporting documentation, shall not be
considered specifically approved unless a specific condition of this permit or a formai
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 400-1.612, 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.
06/29/2004 07:19 321722-5357 SJP.WMD PALM BAY PAGE 07
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 co (District), or may choose to pursue mediation as River
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 resuft 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 Chapter28-106 and Rule
40C-1.1007, Florida Administrative Code, the petition must be filed at the office of the
District Clerk at District Headquarters, P. 0, Box 1429, Palatka, Florlda 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 Rufe 40C-1.1007, Florida
Administrative Code, the petition must be filed at the office of the Ofstrict Clerk at the
address described above, within twenty-six (26) days of the District depositing notice of
final District decision to 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
a petit on roust on comply wor those ith Rues to whom the Chapter 28.10e, Florida Administrative ct does not uCodeice). Such
3. A substantially interested person has the right -to a formal administrative hearing
Pursuant to Section 120.589 and 120.57(1), Florlda 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 Flute 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.
Failure to
e a
ion for an
6 constitute fa waivverrtof the right to an administrative
administrative hearing (Section . within the uisite time 28-106.111, frame
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.
06/29(2004 07:19 321722-5357 SJRWMD PALM BAY PAGE 08
91
-03
Notice Of Flights
An applicant with a legal or equitable interest in real grope
Permitting action is unreasonable or will unfairly burden the use of his property, right itt within 30 d property who believes that a District
days of receipt of notice of the Districts written decision rem, has he
Permit application, apply for a special master pro ceedin
Statutes, by filing a written request for relief at the under regarding a
District headquarters P. office of he D strict Clerk located at
Florida 32177. ' O. 8Ox 1429, Palatka, FL 32178.1429 (4043 Reid St., p
A request for relief must contain the information listed in Subsection
70.51(63 Florida Statutes. Palatka,
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
70.5100)(b), Florida Statutes). However, he filing of a re
hearing under paragraph no. 1 or 2 weave waives the right specie a s (Paragraph
0)(b , Florida Statutesj, request for an administrative
Proceeding (Subsection 7o. 51(1
P master
10. Failure to file a request tar relief within the requisite time frame shall constitute a waiver
of the
Any substantially affected person who claims that final action of the right to a special master proceeding (Subsection 70.51(3), Florida Statutes).
11 • District constitutes
an unconstitutional taking of property without just compensation
action in circuit court pursuant to Section 373.617, Florida Statutemay seek s, and the Florida
Rules of Civil Procedures, by filing an action in circuit court within 9 days of the
of the
rendering of the final District action, (Section 373.617, Florida Statson who is utesj.
12. Pursuant to Section 120.66, Florida Statutes,
District action may seek review of the action in theadverselystr ct Cou of Appeal
notice of appeal pursuant to the Florida Rules of A affected by final
the rendering of the final DIS Appellate Proceduriitn3f da a
strict action. 0 days of
13. In party to the proceeding before the District who claims that a District order Inconsistent with the provisions and purposes of Cha ter
seek review of the order P 373, Florida Statutes, may
Land and Water gdjudlcators ant to sato b 373 114, Florida Statutes, b
Commission and serving a cu y tiling a request for review with thelorida
person named in the order within 20tdays eof adoption oartment of f rule or thelrendecn°nand any
District order.
g t the
14. For appeals to the District Court of Appeal, a District action is considered render
it is signed on behalf of the District, and is filed by the District Clerk,
ed after
15. Failure to observe the relevant time frames for filing a petition forjudicial review
described in paragraphs #11 and #12, or for Commission review as described in
Paragraph 413, will result in waiver of that right to review.
06/29/2004 07:19 321722-5357 SJRWMD PALM BAY PAGE 09
Notice Of Rights
Certificate of Service
I HEREBY CERTIFY that a
Mail to: copy of the foregoing Notice of
Rights has been sent by U.S.
City of Sebastian
1225 Main St
Sebastian, FL 32958-8697
At 4:00 p.m. this 28th day of June, 2004.
�Divii�.nitData Sery —��
Gloria Lewis e;l
Director ��4
St. Johns River Water Management District
Post Office Box 1429
Palatka, FL 32178-1429
(386) 329-4152
Permit Number: 42-061-68172_,