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HomeMy WebLinkAbout1997 - SJRWMD AgreementContract #97W278 COST SHARE AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND THE CITY OF SEBASTIAN FOR THE MAIN STREET BASIN BAFFLE BOX AND FILTRATION SYSTEM THIS COST SHARE AGREEMENT is entered into by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ("DISTRICT"), whose address is Post Office Box 1429, Palatka, Florida 32178-1429, and the CITY OF SEBASTIAN ("CTTY"), whose address is 1225 South Main Street, Sebastian, Florida 32958. WITNESSETH THAT: WHEREAS, DISTRICT is a special taxing district created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Fla. Stat., whose geographical boundaries encompass Indian River Lagoon; and WHEREAS, DISTRICT has determined that its needs will be best served by entering into a COST SHARE AGREEMENT for services that can be provided by CITY. NOW THEREFORE, in consideration of the payments here specified and which DISTRICT agrees to make, CITY agrees to furnish and deliver all materials, to do and perform all work and labor required to be furnished and delivered, done and performed for the Main Street Basin Baffle Box and Filtration System, Contract #97W278. CITY agrees to complete the Work in conformity with the Contract Documents and all attachments as defined herein and on file at the St. Johns River Water Management District. The Contract Documents consist of the following items, including all modifications thereof incorporated in the Documents before their execution: AGREEMENT; EXHIBIT "A" - Scope of Work; and all attachments hereto. All attachments and Contract documents are part of this AGREEMENT as fully and with the same effect as if they had been set forth at length in the body of this AGREEMENT. ARTICLE I - SCOPE OF WORK All Work will be performed in accordance with EXHIBIT "A", SCOPE OF WORK, entitled, "Proposal for Initial Baffle Box Installation; Sebastian Stormwater Management Program," attached hereto and by reference made a part of this AGREEMENT. ARTICLE II - A. The effective date of this AGREEMENT shall be this � day of , 1997. B. CITY will be required to commence work under the Contract within fifteen (15) calendar days after the effective date of the AGREEMENT, to prosecute the Work diligently, and to complete the entire Work for use within three hundred sixty-five (365) days of the Pagel of 8 Contract #97W278 Effective Date of the AGREEMENT, unless the date is extended by mutual agreement of the parties hereto. Time is of the essence. ARTICLE III - TERM This AGREEMENT shall expire at 12:00 midnight on the sixtieth day after the completion of the Work in accordance with the date established under ARTICLE II above. ARTICLE IV - LIABILITY AND INSURANCE A. Each party to the AGREEMENT is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. In addition, each party is subject to the provisions of Section 768.28, Fla. Stat. (1995). B. If CITY fails to comply with any of the terms, conditions, provisions, or stipulations of this Contract, DISTRICT may avail itself of any or all remedies provided in the Contract and shall have the right and power to proceed in accordance with its provisions. C. Each party shall also acquire and maintain throughout the term of this AGREEMENT such general liability, automobile insurance, and workers' compensation insurance as required by their current rules and regulations. D. CITY hereby certifies to DISTRICT that the Work to be performed pursuant to this AGREEMENT does not and will not infringe on any patent rights. ARTICLE V - RESPONSIBILITIES OF CITY A. CITY's Project Manager shall be Thomas Frame, City Manager, or his designee. B. CITY shall follow the verbal and written direction of DISTRICT's Project Manager assigned to the work. All work authorized may be stopped by DISTRICT's Project Manager at any point, which shall not result in loss of payment to CITY for services performed up to the time the Work has ceased in accordance with this Contract. If CITY fails to perform under terms of this Contract, DISTRICT may elect to have CITY cease work until corrections are made at no additional cost to DISTRICT and with no allowance for extension of time or to terminate if CITY fails or refuses to comply with the terms of this AGREEMENT. C. CITY certifies it is an independent contractor and not DISTRICT's employee, nor are any of CITY's employees performing work under this AGREEMENT, DISTRICT employees. Page 2 of 8 Contract #97W278 ARTICLE VI - RESPONSIBILITIES OF DISTRICT A. DISTRICT's Executive Director designates Martin (Marty) Smithson as Project Manager for purposes of directing CITY and maintaining coordination and review of the work. The Project Manager shall have sole and complete responsibility to transmit instructions, receive information, approve invoices, interpret and communicate DISTRICT policies and decisions with respect to all matters pertinent to CITY's services. The Project Manager and, as appropriate, other DISTRICT employees shall meet with CITY as necessary to provide decisions for the duration of the Work, as well as to review and comment on interim reports. No actions outside the Scope of Work shall be initiated by CITY without prior written authorization of the project manager; however emergency situations requiring action within less than twenty-four (24) hours may be granted verbally by the Project Manager and followed up in writing within seventy-two (72) hours. B. DISTRICT shall be available to CITY to respond to questions regarding the project. C. As is further specified in this AGREEMENT, DISTRICT shall Frovide timely reviews of any and all invoices and deliverables related to this AGREEMENT submitted by CITY. D. Upon the satisfactory completion of the Work, DISTRICT will provide a written statement to CITY accepting all deliverables. ARTICLE VII - DELIVERABLES A. Deliverables: CITY shall deliver all services, products, and deliverables as stated in the Contract. B. REPORTS:` CITY shall submit quarterly reports to DISTRICT's Project Manager in a form approved by the Project Manager. In addition to hard copies, all written deliverables (reports, papers, analyses, etc.) shall be submitted in machine readable form in formats consistent with DISTRICT's standard software products. DISTRICT's standard office automation products include the Microsoft® Office Suite (WORD, EXCEL, ACCESS, and POWERPOINT). Other formats may be accepted, if mutually agreed upon by DISTRICT's Project Manager and Chief Information Officer. ARTICLE VIII - COMPENSATION A. Amount.of Funding: 'For satisfactory performance of the Work outlined in the Contract, DISTRICT agrees to pay CITY a sum in the amount not to exceed $35,000 Y' B. Invoicing Procedures' All invoices shall reference the Contract Number provided on the first page of this AGREEMENT and shall be submitted to Director, Office of Financial Management, P. O. Box 1429, Palatka, Florida, 32178-1429. CITY shall submit itemized Page 3 of 8 Contract #97W278 quarterly invoices based upon the actual work performed and shall bill as per the Project Budget included in EXHIBIT "A". Invoices which do not correspond to the Project Budget will be returned to CITY without action. C. Payment: DISTRICT shall pay CITY ninety percent (90%) of each invoice within thirty (30) days of approval. DISTRICT shall retain ten percent (10%) of each approved invoice amount until the completion of all work and final acceptance of the Final Report by DISTRICT's Project Manager. Payments due and unpaid under this AGREEMENT shall not bear interest. If CITY fails to complete the Work in a timely manner, and deliver all materials as provided for in the Contract Documents, DISTRICT may elect to withhold the retainage to offset costs incurred by DISTRICT because of CITY's failure to complete the Work on time. D. Travel: Travel expenses must be submitted on DISTRICT or State of Florida Travel Forms. DISTRICT shall pay CITY all travel expenses pursuant to DISTRICT Travel Policy, attached hereto, and by reference made a part hereof. Travel expenses shall not be considered additional compensation, but shall be drawn from the amount provided in the Project Budget. E. Release: CITY agrees that acceptance of the payment, shall be considered as a release in full of all claims against DISTRICT or any of its members, agents, and employees, arising out of, or by reason of, the Work done and materials furnished under this AGREEMENT. Prior to, or in conjunction with final payment, DISTRICT shall review and determine that CITY has fully and satisfactorily completed the required Work under this AGREEMENT. If DISTRICT determines that CITY has complied with the terms and conditions of this AGREEMENT, then acceptance of final payment by CITY shall be considered as a release in full of all claims by DISTRICT against CITY, or any of its members, agents and employees, arising out of, or by any reason of, the Work to be done and materials furnished under this AGREEMENT ARTICLE IX - OWNERSHIP OF DOCUMENTS Ownership and copyright to all reports and all accompanying data (in all formats) produced pursuant to this AGREEMENT shall be vested in DISTRICT and CITY. CITY shall include language in all subcontracts which clearly indicates that Ownership and Copyright to all materials produced pursuant to this AGREEMENT shall remain with DISTRICT and CITY. ARTICLE X - SUBCONTRACTING A. CITY shall not sublet, assign, or transfer any work under this AGREEMENT without the written consent of DISTRICT. When applicable, and upon receipt of such consent in writing, CITY shall cause the names of the firms responsible for such portions of the work to appear on the work. Page 4 of 8 Contract #97W278 B. CITY agrees to notify DISTRICT of all subcontracts no less than ten (10) calendar days prior to the effective date of the subcontracts for the purpose of approval. CITY agrees to provide DISTRICT with an executed copy of all subcontracts within ten (10) calendar days after the effective date of the subcontract. C. CITY agrees to be responsible for the fulfillment of all work elements included in the subcontracts and agrees to be responsible for the payment of all monies due under any subcontract and hold DISTRICT harmless from any liability or damages arising under or from any subcontract to the extent allowed by law. Nothing in this AGREEMENT shall create any contractual relationship between any subcontractor and DISTRICT. ARTICLE XI - CHANGES IN SERVICE REQUIREMENTS DISTRICT and CITY may at any time, by mutual written agreement in the form of an amendment to this AGREEMENT, make changes within the general scope of this AGREEMENT in the services or work to be provided. Neither party to this AGREEMENT shall unreasonably withhold consent to any written amendment to this AGREEMENT. ARTICLE XII - INTEREST OF CITY Unless otherwise declared in an addendum, CITY certifies that no officer, agent, or employee of DISTRICT has any material interest (as defined in Chapter 112, Fla. Stat., as amended) either directly or indirectly, in the business of CITY to be conducted here, and that no such person shall have any such interest at any time during the term of this AGREEMENT. ARTICLE XIII - ASSIGNMENT CITY shall not assign the Contract or sublet it as a whole without the written consent of DISTRICT nor shall CITY assign any moneys due or to become due to it hereunder, without the previous written consent of DISTRICT. ARTICLE XIV _ - AUDIT: ACCESS TO RECORDS A. CITY agrees that DISTRICT or its duly authorized repres-_ntatives shall, until the expiration of three (3) years after expenditure of funds under this AGREEMENT, have access to examine any of CITY's books, documents, papers, and records involving transactions related to this AGREEMENT. CITY agrees that payment(s) made under this AGREEMENT shall be subject to reduction for amounts charged which are found on the basis of audit examination not to constitute allowable costs. B. CITY shall refund by check, payable to DISTRICT, the amount of any reduction of payments. All required records shall be maintained until an audit has been completed and Page 5 of 8 Contract #97W278 all questions arising from it are resolved or until three (3) years after completion of the Work and submission of a final invoice, whichever is sooner. CITY will provide proper facilities for access to and inspection of all required records. ARTICLE XV -.CANCELLATION Each party to this AGREEMENT reserves the right to unilaterally cancel this AGREEMENT for refusal by the other party to allow public access to all documents, papers, letters, or other material related to this AGREEMENT and subject to the provisions of Chapter 119, Fla. Stat., as amended. ARTICLE XVI - CIVIL RIGHTS Pursuant to Chapter 760, Fla. Stat., CITY shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, age, handicap or marital status. ARTICLE XVII - CONFLICTING EMPLOYMENT CITY agrees that, at the time of execution of this Contract it has no retainer or employment AGREEMENT, oral or written, with any third party relating to any matters which adversely affect any interest or position of DISTRICT. CITY shall not accept during the terms of this Contract any retainer or employment from a third party whose interests appear to be conflicting or inconsistent with those of DISTRICT. Notwithstanding the foregoing paragraph, CITY may accept retainers from or be employed by third parties whose interests appear conflicting or inconsistent with those of DISTRICT if, after full written disclosure of the facts to DISTRICT, DISTRICT determines that the apparent conflict shall not interfere with the performance of the Work by CITY. ARTICLE XVIII - NON -LOBBYING Pursuant to Section 216.347, Fla. Stat., CITY hereby agrees that monies received from DISTRICT on this Contract will not be used for the purpose of lobbying the Legislature or any other state agency. ARTICLE XIX - TERMINATIONS A. Termination for Default: This AGREEMENT may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this AGREEMENT through no fault of the terminating party, provided Page 6 of 8 Contract #97W278 that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days written notice delivered by certified mail, return receipt requested, and (2) an opportunity for consultation with the other party prior to termination. B. Termination for Convenience: This AGREEMENT may be terminated in whole or in part in writing by either party provided that the other party is given: (1) not less than thirty (30) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate, and (2) an opportunity for consultation prior to termination. C. If termination for CITY's default is effected by DISTRICT, an equitable adjustment in the price provided for in this AGREEMENT shall be made, but (1) no amount shall be allowed for unperformed services, and (2) any payment due to CITY at the time of termination shall be adjusted to cover any additional costs to DISTRICT because of CITY's default. If termination for DISTRICT's default is effected by CITY, or if termination for convenience is effected by DISTRICT, the equitable adjustment shall provide for payment of all services, materials, and costs, including prior commitment incurred by CITY up to the termination date. D. Upon receipt of a termination action under paragraphs "A" or `B" above, CITY shall: (1) Promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by CITY in performing this AGREEMENT, whether completed or in process. E. Upon termination under Paragraphs "A" or `B" above, DISTRICT may take over the work or may award another party a contract to complete the work. F. If, after termination for failure of CITY to fulfill contractual obligations, it is determined that CITY had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of DISTRICT. In such event, the adjustment of compensation shall be made as provided in Paragraph "C" of this section. ARTICLE XX -,GOVERNING LAW/ATTORNEYS' FEES This AGREEMENT shall be construed and interpreted according to the laws of the State of Florida. In the event of litigation between the parties arising from or pertaining to this AGREEMENT, the prevailing party shall be entitled to recover from the other, reasonable trial and appellate attorneys' fees and costs. Page 7 of 8 r Proposal for Initial Baffle Box Installation Sebastian Stormwater Management Program Pilot Program for Riverfront District Main Street Basin February, 1997 City of Sebastian in cooperation with: The St. John's River Water Management District Indian River Lagoon National Estuary Program CX/ -//6>1-r 'A 11 Craven Thompson & Associates. Inc. Engineers A"MAINST.DOC 7/21197 1033 AM Proposal for Iridal i., 4ffle Box Installation: Sebastian Stormwater Management Program Ibil.t; 'Program for R.iverfront District: Main Street Basin February, 1997 Index to the Proposal Intr®d, 1 :ion: Backgl and for the Main Street Site: Objecsl of this Pilot Program for the Riverfront District: Desc: t tion of the Main. Street Project: Deter of the Scope of Work for the Main Street Project: Fund g Proposal for the Main Street Project: Schf1L .e for the Main Street Project: Craven Thomp 1Ini A.WAINST.DOCici, zs. inc. f . ginccrs ' _ %M Proposal for Baffle Box Installation : Sebastian Stormwatcr Management Program Pilot Program for the Riverfront District : Main Street Basin Introduction: The City of Sebastian is a suburban community on the northern border of Indian River County of some 9,000 acres situated in one of the State's most unique environmental settings. The City lies between the Indian River Lagoon (Class II Aquatic Preserve) and the i South Prong of the St. Sebastian River. To the City's southeast lies PelicanIsland, the Nation's First Wildlife Refuge. To the west and northwest of the City lie some 18,000 acres of 1 preservation lands, controlled and managed by the Florida Department of Environmental Protection (the Coraci tract) and St. John's River Water Management District (the Corrigan tract). The National Estuary Program Comprehensive Conservation and Management Plan (CCMP) and the Surface Water Improvement and Management Plan (SWIM) have identified sediments and t excess freshwater as the major problems plaguing this area of the Indian River Lagoon. fSediments cover seagrass beds and cloud the water, endangering the continuation of native (at>fd endangered g d ) seagrasses which serve as foraging areas for the Manatee and habitat for fin -fish. Excess freshwater further impacts the seagrasses, as well as limiting the viability for hard-shell fisheries. Sebastian was principally developed by General Development Corporation in the 50's, 60's and 70's; over 13,000 lots laid out and developed on 5,5000 acres of wet prairies west of the Coastal Ridge; this area drains westward to the South Prong of the St. Sebastian. This area, known as Sebastian Highlands, is about 50% built -out, and houses some 90% of the City's population base of 14,000. (see figure 2) { The older areas of the City are just along the west bank of the Lagoon, on the east side of the 1 Coastal Ridge; this area drains straight into the Lagoon without benefit of any retention or treatment. This area has been fully developed for years, and is currently the beneficiary of the first stages of redevelopment studies and grants programs to revitalize and upgrade the t Riverfront area. Craven Thompson & Associatcs,Inc.Enginecrs A WAINST DOC 4/2!97 2 27 PM mow:... ..�>..• -�: jim •:��/�i�:;::••+ _ •'- _ `'IY' %4�'., •\ \'y:��:.,`•,':`�)3a`ri�'-' _ '_'• •. ti1i1i1fi�1�•` a _ - ,:i.lf mss!` •h, r �. • 1. .•} �:'.•..:.:L.'.:..-• 66 _.tier '� i.,r.; r:Cic:' :1• .,i lU _.x El •d5l .ins a�` Y,., ,+�'••: .';�i��.,,.��. Kff- ' t}► CRAVEN v .1 '1 %/ N•PIRN . /u i././.1.. .. NOsdr�DHt • N3AVk,� . JN •S3IVOOSSV 4 I• �+ + 1 �� jranr.• � I I• � •! I � 11 �• — _�— j • 1 `'.... r4 • • �r^�'�t9 ... ;. '9 Ir ii u IDIN .11 ieiEAitrt�:iit.•�!!!f}If�l'!!!!!'.. ••:.;..••.:�:�'��'a. ^.. • .1.�. _ � tft( -1�i• AS :.I®R'.., a 0• is Q ,� ' •, .moi 'K"' 1'{ .::"���%.r, �//, MM 1 : ! P ` CD CD GD Cb G_ _ i ` �•d— ��. `••` `4y,, CRAVEN .T O PSON 8 ASSOUATE9 NC. .x /� CRA -THOYP90N•r:-..R^ ... t Proposal for Baffle Box Installation : Sebastian Stormwater Management Program Pilot Program for the Riverfront District : Main Street Basin t In 1996, the City Council of the City of Sebastian entered into an agreement with the St. John's It River Water Management District to develop a comprehensive plan for improving the City's drainage systems for the equally vital purposes of flood protection and environmental preservation. Because of the size and impact of the Highlands drainage basins, most of the joint efforts have been aimed at remedial management efforts there, including a major stormwater i park -treatment facility of 550 acres. Although the Riverfront District is somewhat smaller, it is does have an immediate and direct impact on the Lagoon. The most urbanized parts of the City, including highly traveled US Highway 1, drain straight into the Lagoon, carrying all the urban pollutants straight into the Lagoon without any treatment. Inasmuch as the City is beginning its efforts on the Riverfront, this is the time for a pilot project for stormwater management efforts there. l � Background for the Main Street Site: The location proposed for the pilot project is the historical center of the `old City' of Sebastian; Main Street at the River. (see figure 3). Since the turn of the century, Main Street has run down from the top of the Coastal Ridge into the River. Decades ago, Main Street was paved and improved with underground drainage; inlets and (� culverts that drain Main Street straight into the Lagoon. US Highway 1 drains into this system as well. It is an old system, without any retention or treatment. The pipe network has cracks and f i leaks, as evidenced by surface subsidence and the exceptionally high volume of sand and i sediments at the outfall. j The outfall of the Main Street system has built up an exceptionally large sediment delta at the 1 4 a western shore of the Lagoon. Not only does this delta directly cover adjacent submerged grasses, j but in periods of high wave action, the nearby waters are clouded by the erosion of the built-up ! t sedimentary delta. Craven Thompson & Associates. Inc. Engineers AWAINST.DOC 20.1/9710 33 AM Proposal for Baffle Box Installation : Sebastian Stormwater Management Program Pilot Program for the Riverfront District: Main Street Basin Thus, from a need standpoint, the Main Street location is perhaps the primary location in the Riverfront District. In addition, this is one of the most visible locations in the City. The Main Street launching ramp and fishing pier is a high traffic area for both visitors and residents. In addition, the City has recently arranged for the Chamber of Commerce and the Historical Society to be housed at Main Street and US Highway 1. Placement of the Riverfront pilot project there will assure high visibility, and the ability to demonstrate the program benefits to the public. As the Riverfront redevelops, this pilot project will be the basis for recommended and/or required drainage improvements in the redevelopment area. Objective of this Pilot Program for the Riverfront District: The Main Street location is typical of all the Sebastian River&ont drainage outfalls; there is no land available for development of detention basins for sediment control. In almost every case, the land is fully developed on the east side of US Highway 1. The only available solution for sediment control is the installation of in-line sediment traps, "baffle boxes". The baffle box is a well tested solution in the St. John's District; they are in relatively common use in the Melbourne area, and have demonstrated good results. The normal expected reduction for suspended solids is 40% to 70%, with design removal rates having been predicted as high as 90%. In addition, the removal of sediments also removes the attendant phosphorous and biochemical oxygen demand (P and BOD) are removed. Studies indicate that the stormwater stream level of Total Phosphorous and Nitrogen can be reduced by as much as 35%. Preliminary Benefits Estimates of the Pilot Program and Entire Basin are predicted as follows: Basin Area Total Suspended Total Phosphorous, Total Nitrogen, Name (Ac) Matter, Lbs/yr Lbs/yr Lbs/yr Present 70% Present 35% Present 35% Reduction Reduction Reduction Pilot Project 14 6,600 -4,600 11 -4 228 -80 Entire Riverfront, 260 124,000 -87,000 200 -70 4,300 -1,500 if installed Cravcn Thompson K Associatcs, Inc. Enginccrs A.WAINST DOC V21/97 10-)1 AM `r Proposal for Baffle Box Installation : Sebastian Stormwater Management Program g g Pilot Program for the Riverfront District : Main Street Basin In addition to these physical pollution elimination objectives, the Demonstration Project has the ` following major objectives: I • Provide the database for evaluation of the effectiveness of the baffle box in the reduction of sediments and attendant pollutants, particularly with respect to the fine particulates which are native to the Sebastian Coastal Ridge area soils • Provide evaluation criteria for baffle box design, particularly with the `bleed -off design anticipated to be installed in the Main Street location, and thus facilitate more effective designs for future installations • Provide broad-based public awareness and education by virtue of the prominent and well - visited location • Provide a local, hands-on installation as prototype for recommendations and/or requirements for redevelopment in the Sebastian Riverfront area. 1 i Description of the Main -Street Project The Main Street Pilot Project includes the following major components for physical installations: (please see figure 5) I. Replacement of upstream drainage culverts for the basin to eliminate infiltration of sediments at leaking joints and broken pipe sections (this work may be accomplished in stages concurrent with FDOT repairs for the US Highway 1 intersection with Main Street 2. Installation of a baffle box at the west side of Indian River Drive 3. Installation of exfiltration trenches extending to the north and south from the box to: -take `first- flush' waters and divert them to the exfiltration trench rather than straight to the Lagoon - reduce the freshwater loading into the Lagoon by recharging the shallow freshwater aquifer adjacent to the shoreline 4. Replacement of the outfall and erosion protection 5. Removal of the sediment delta at the existing outfall Craven'rhompson & Associates, Inc. Engineers A %MAIN$T D(H'?f?1/97 10 ]l AM O I MAIN Si. St Basin Drain acement by FDOT, City) Sedimentation Trap / (Baffle Box) Remove sediment delta Install erosion protection Exfiltration Areas CRAVEN - THOmPSON a AssoctATjM W, (ITY I'd liula 7)-ap u I / / / � | , | Main St. Basin Drain (replacement by FDOT, City |k/�, |H S Proposal for Baffle Box Installation : Sebastian Stormwater Management Program Pilot Program for the Riverfront District: Main Street Basin Details of the Scope of Work for the Main Street Project: A. Site Survey and Soil Testing..........................................................................................$6,000 B. Engineering Design and Permits..................................................................................$10,000 C. Furnish and Install Replacement Upstream Drainage Culvert System .................... ($100,000)* D. Furnish and Install Replacement Culverts adjacent to Baffle Box System ...................$8,000 E. Furnish and Install Baffle Box.....................................................................................$12,000 F. Furnish and Install Exfiltration System.......................................................................$10,000 G. Furnish and Install Outfall from Baffle Box to Lagoon ................................................$7,000 H. Removal of Sediment Delta at Existing Outfall............................................................$2,000 I. Furnish and Install Shoreline Erosion Protection at New Outfall..................................$5,000 J. Clean Up and Landscaping........................................................................... ...$5,000 K. Signage.................................................................................................................. .$3,000 L. On-going Testing...........................................................................................................$1,500 Total .....................$169,500 Testing after the installation is expected to be part of the on-going testing program already being '. carried out by the City, SJRWMD, and Brevard Testing and Research Labs. Craven Thompson & Associates.inc.Engineers A WAINST.DOC CIM 2:27 PM r Proposal for Baffle Box Installation : Sebastian Stormwater Management Program Pilot Program for the Riverfront District : Main Street Basin Details of the Scope of Work for the Main Street Project: ....................................................._........._......................................_.._................................................. Funding Proposal for the Main Street Project. ............ :Total Cost ....-•••••......---•-- City of SJRWMD Sebastian' .............. ------------_..........__....... _ _....... -... ........................... A. Site Survey and Soil Testing :-................................... $6,000 ................................. € $3,000 $3,000 ........_..---_.............................._................_...............------......................._.........._......................................................-----.••••••......••-•----................. B. Engineering Design and Permits $10,000 $7,000 - $3,000 ....................................................... ----............................... _..... ......................................... :_............................ 2.. C. Furnish and Install Replacement Upstream Drainage ($100,000) ($100,000) ................••-••....... Culvert System __........._..... _.__.. _�. _ _ .__ _. __ _.................:._._ ........... D. Furnish and Install Replacement Culverts adjacent to $8,000 _ $8,000 _ µ - Baffle Box System :_.... _..... E.Furnish and Install Baffle Box .........._..__._........ $12 000 . .-__......_...._.......: ..................._........ $12,000 :_....._...._............_......... ....... _..._._ ..... F. Furnish and Install Exfiltration System :_.......................... $10,000 �.............................. .. $10,000 :.........._..................................._..._.._......_... .............................. ................................................................................ G. Furnish and Install Outfall from Baffle Box to Lagoon $7,000 :................ $7,000 H. Removal of Sediment Delta at Existing Outfall $2,000 $2,000 I. Furnish and Install Shoreline Erosion Protection at $5,000 $5,000 New Outfall .............. ....... ... _...._.-.................... .................. _......... •-.............................. J. Clean Up and Landscaping ------ - �....................:-...$. $5 000 ..... 5,000 .............. _............... _.._........ _-.-._...._.._.._......... _.......... ............. _...._....... .................... ...................................... K. Signage $3,000 :................................. $3,000 ........................... -•-; L. On-going Testing $1,500 $1,500 Total..................................................................................... $169,500 $134,500' $35,000 Testing after the installation is expected to be part of the on-going testing program already being carried out by the City, SJRWMD, and Brevard Testing and Research Labs. ' Funding by City of Sebastian in connection with EPA 319(h) program ' Preliminary Estimate: Level of Expenditure dependent on participation by FDOT Craven Thompson & Associates.lnc-Engineers AWA1NST.DOC 4ru97 2:53 PM I Proposal for Baffle Box Installation : Sebastian Stormwater Management Program Pilot Program for the Riverfront District : Main Street Basin Schedule for the Main Street Prpject: All times given in calendar days from start-up of program f Activity and Completion Date: A. Site Survey and Soil Testing: ......... 60 days B. Engineering Design and Permits: ............... 150 days C. Furnish and Install Replacement Upstream Drainage Culvert System: ............... on-going ............ (dependent on FDO) D. Furnish and Install Replacement Culverts Adjacent' to Baffle Box System: ........................ 210 days E. Furnish and Install Baffle Box: ......................... 210 days F. Furnish and Install Exfiltration System: .......................... 240 days G. Fumish and Install Outfall from Baffle Box to Lagoon: ...... 240 days H. Removal of Sediment Delta at Existing Outfall: ......................... 2 70 days I. Furnish and Install Shoreline Erosion Protection at New Outfall: ............... 300 days J. Clean Up and Landscaping: ....................................................................... 330 days # K. Signage..............................................................................................330 days Craven Thompson & Associalcs, Inc. Enginecrs A WAINST.DOC '_41/97 10.]7 AM FOLINDIn'e-8. rt,,-!;AqNL.A`FAC WHINU ECIFICATIONS CAST IRON CONSTRUCTION Casting nidiefial shall uontorrp to sjAecliif ASTM—A48 Class 30, Gray Cast p e C. i f 1 e d E'. Castings 3Aiall be free fron) bi.vh- ;--the" in-1peffections U.. 4 — I Nui: 'Gas inns Shall be f1januiactured W!-%,:-� conforming to those spe6fit.-Li uil i i and drawings. Ci Itica. di!; ie; HTV ,:it, 11 which affect the load beamly Gapaui,.". and drainage opening where apiA,,aule, NI dimensions may change slightly W. rnuiding and casting leGhnique. %lye '11 1-1, T'It to diese i_.>.-IIAI'ii.t a:Gashily loiiefaflCa6l Linlu-08 PiLIS Of fftii)US 1116 in,,. -Ah. arl -iu,"Ji!!v, iilb 1!)(;i,l p-21 0(-)[ uf ail tranies. coversif,s )qdln.ai shall bi� r!:,-41 (4 V': bea1-ino SUf [Wd--eS Of 01'Wiaf I a n I IC I IFIL r Lasting weights are cv:l, ii,.!i of Jf soppiled ut F,6i appik-atioris. contaci ouf LOAD C AD i L IS* .UUt K) i b I S I Lj fiuf 111111ut@ rul sptV*,i&. loaO fequireinents culsulloul uilkje ut I i-,Presewa live. P. 01 July 7, 1999 Ms. Martha Campbell City of Sebastian 1225 Main Street Sebastian, FL 32953 Hen John FL Wehle. POST OFFICE BOX 1429 PALATKA, FL TELEPHONE 904-328-4500 SUNCOM 804.8844500 TDD 904-328.4450 TDD SUNCOM 8604450 FAX (Emcud") 32D-4125 (La94 328-4485 (Poem ttlnM 328.4315 (Admin) 613 E. South SMM SERVICE 7775 saynxubm way CENTERS PERMn'TtNO: OPERATI : Orbndo, Fonda 32801 Sift 102 305 East Me 2133 N. VNdQrn Road 407-897.4300 Jadaotwft. Fodde 32298 McEame, Florlde 32904 MaOousm, Fbrfde 32936.8109 TDD 407-89741980 904.730 270 4074MM 4940 407-7523100 TDD 804.148.7800 TDD 407-7224388 TDD 407-762-3102 RE: Main Street Outfall, Permit #40 -061 -0155G -ERP (Please reference permit number on all submittals.) Dear Ms. Campbell: An inspection determined that the above -referenced permitted project is completed. Please submit District Form EN -45 (As Built Certification by a Registered Professional), signed and sealed by an appropriate professional registered in the State of Florida, and/or two (2) sets of as -built drawings that depict the baffle box system as actually constructed. Be reminded that the maintenance entity must submit District Form EN -46 beginning in the year 2001 and every two years thereafter to ensure that the stormwater management system continues to function as permitted. A copy of EN -46 is enclosed. Thank you for your immediate attention to this matter and if you have any questions, please contact me at 407/984-4940. S' erely, Janice V. Unger Compliance Manager Department of Resource Mgmt JVU:EC:ec Enclosures: Form EN -45 Form EN -46 cc: John Juiliann4 PDS -VPC -98 Eddie Carr Dan Roach, cHA1RMAN Duane Ottenstroer, TREASURER Otis Mason, SECRETARY William Kerr FERNAND!NA CH SWITZERLAND ST. AUGUSTINE MELBOURNE BEACH Jeff K. Jennings William M. Segal Ometrias D. Long Clay Albright Reid Hughes MAITLAND MAITLAND APOPKA EAST LAKE WEIR DAYTONA BEACH FORM EN -JS 40C4, F.A.C. 40CA2, F-A.C. MSSW/STORMWATER AS -BUILT CERTIFICATION BY A REGISTERED PROFESSIONAL* PERMIT NUMBER: "1< - d(Dt - O t S (j G -P PROJECT NAME: Ma, !\\ JAG/ INSPECTION DATE(S): _01)4 /q I HEREBY CERTIFY THAT ALL COMPONENTS OF THIS STORMWATER MANAGEMENT SYSTEM HAVE BEEN BUILT SUBSTANTIALLY IN ACCORDANCE WITH THE APPROVED PLANS AND SPECIFICATIONS AND IS READY FOR INSPECTION, ANY SUBSTANTIAL DEVIATIONS (NOTED BELOW) FROM THE APPROVED PLANS AND SPECIFICATIONS WILL NOT PREVENT THE SYSTEM FROM FUNCTIONING IN COMPLIANCE WITH THE REQUIREMENTS OF CHAPTERS 400-4, 40C-41, OR 40C-42, F.A.C. (AS APPLICABLE), WHEN PROPERLY MAINTAINED AND OPERATED. THESE DETERMINATIONS HAVE BEEN BASED UPON ON-SITE OBSERVATION OF THE SYSTEM CONDUCTED BY ME OR BY MY DESIGNEE UNDER MY DIRECT SUPERVISION AND/OR MY REVIEW OF AS -BUILT PLANS CERTIFIED BY A REGISTERED PROFESSIONAL OR LAND SURVEYOR LICENSED IN THE S FATE OF FLORIDA. clk Cc Ni ck-,r 11-1 1< " r L-NDb C&_ L--�\ox NAME (please print) 0,c�6 0} &- COMPANY NAME Ibis NA Q." r, 51 - COMPANY ADDRESS aleba_s Fia n, FL. 3245 CITY, STATE, ZIP CODE 56 ( `-5gq - rSZZI TELEPHONE NUMBER SIGNA URE OF PROFESSIONAL FLORIpA REGISTRATION NUMBER L L 7 DATE (Affix Seal) SUBSTANTIAL DEVIATIONS FROM THE APPROVED PLANS AND SPECIFICATIONS: (NOTE: ATTACH TWO COPIES OF AS -BUILT PLANS WHEN THERE ARE SUBSTANTIAL DEVIATIONS) WITHIN 30 DAYS OF INSPECTION OF THE SYSTEM. SUBMIT TWO COPIES OF THIS FORM TO: DIVISION OF PERMIT DATA SERVICES ST. JOHNS RIVER WATER MANAGEMENT DISTRICT P.O. BOX 1429 PALATKA. FL 32178-1429 * A REGISTERED PROFESSIONAL IS DEFINED IN SUBSECTION 40C•42.021(I) AS "A PROFESSIONAL REGISTERED IN FLORIDA WITH THE NECESSARY EXPERTISE IN THE FIELDS OR HYDROLOGY. DRAINAGE. FLOOD CONTROL. EROSION AND SEDIMENT CONTROL. AND STORMWATER POLLUTION CONTROL TO DESIGN AND CERTIFY STORMWATER MANAGEMENT SYSTEMS". EXAMPLES OF REGISTERED PROFESSIONALS MAY INCLUDE PROFESSIONAL ENGINEERS LICENSED UNDER CHAPTER 471. F.S.. PROFESSIONAL LANDSCAPE ARCHITECTS LICENSED UNDER CHAPTER 481. F.S.. AND PROFESSIONAL GEOLOGISTS LICENSED UNDER CHAPTER 492. F.S.. WHO HAVE THE REFERENCED SKILLS. MRM40C-1.181(13) - EFFECTIVEW1193 C April 10, 1998 Henry Dean, Executive Director John R. Wattle, Assistant Executive Director POST OFFICE BOX 1429 PALATKA, FLORIDA 32178-1429 TELEPHONE 904-329-4500 SUNCOM 904.860.4500 TDD 904.329-4450 TDD SUNCOM 860-4450 FAX (Executive) 329-4125 (Legal) 329-4485 (Permitting) 328.4315 (AdministrationlFinance) 329.4508 (Planning and Acquisition) 329.4848 SERVICE CENTERS 618 E. South Street 7775 Baymeadows Way PERMITTING: OPERATIONS: Ortando, Florida 32801 Suite 102 305 East Drive 2133 N. Wickham Road 407-8974300 Jacksonville. Flodda 32256 Melbourne, Flerlda 32804 Melbourne, Florida 32935.8109 TOO 407.697-5960 904.730-6270 407.964.4940 407.7523100 TOO 904.448.7900 TDO 407.722.5368 TDD 407.752-3102 CITY OF SEBASTIAN ATTN: MARTHA CAMPBELL, P.E. 1225 MAIN STREET SEBASTIAN, FL 32958 SUBJECT: Permit Number 40 -061 -0155G -ERP Dear Sir/Madam: Enclosed is your general permit as authorized by the staff of the St. Johns River Water Management District on April 10, 1998. 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 14 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. Dan Roach, CHAIRMAN Kathy Chinoy, VICE CHAIRMAN James T. Swann, TREASURER Otis Mason, SECRETARY FERNANDINA BEACH POKE VEDRA COCOA ST.A000STINE William M. Segal Griffin A. Greene James H. Williams Patricia T. Harden Reid Hughes MAITLAND VERO BEACH OCALA SANFORD DAYTONA BEACH C Henry Dean, Executive Director John R. Wehle, Assistant Executive Director POST OFFICE BOX 1429 PALATKA, FLORIDA 32178-1429 TELEPHONE 904-329.4500 SUNCOM 904-860-4500 TDD 904.329-4450 TDO SUNCOM 880.4450 FAX (Executive) 329.4125 (Legal) 328.4485 (Permitting) 329.4315 (Administration/Finance) 329-4508 (Planning and Acquisition) 329.4848 SERVICE CENTERS 610E. South Street 7775 Baymeadows Way PERMITTING: OPERATIONS: Orlando, Florida 32801 Suite 102 30S East Drive 2133 N. Wickham Road 407.897.4300 Jacksonville, Florida 32256 Melbourne, Florida 32904 Melbourne, Florida 32935.8109 TOO 407.897.5860 904.730.6270 407.984.4940 407.752.3100 TDD 904.448.7900 TDD 407.722-5368 TDD 407-752.3102 In the event you sell your property, the permit can 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. Sincerely, net White, Senior Permit Data Technician Permit Data Services Division - Melbourne Enclosures: Permit with As -built Certification Form Notice of Rights List of Newspapers for Publication cc: District Files CRAVEN THOMPSON & ASSOCIATES INC. ATTN: GARY R. DUNMYER 2770 INDIAN RIVER BLVD., SUITE 203 VERO BEACH, FL 32970 Dan Roach, CHAIRMAN Kathy Chinoy, VICE CHAIRMAN James T. Swann, TREASURER Otis Mason, SECRETARY FERNANDINA BEACH PONTE VEDRA COCOA ST. AUGUSTINE William M. Segal Griffin A. Greene James H. Williams Patricia T. Harden Reid Hughes MAITLAND VERO BEACH OCALA SANFORD DAYTONA BEACH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Post Office Box 1429 Palatka, Florida 32178-1429 PERMIT NO. 40 -061 -0155G -ERP DATE ISSUED April 10, 1998 PROJECT NAME: MAIN STREET A PERMIT AUTHORIZING: CONSTRUCTION AND OPERATION OF A BAFFLE BOX TO SERVE THE MAIN STREET OUTFALL TO THE INDIAN RIVER LAGOON AND PLACEMENT OF A NEW OUTFALL AND ENDWALL. LOCATION: Section 06, Township 31 South, Range 39 East Indian River County ISSUED TO: CITY OF SEBASTIAN ATTN: MARTHA CAMPBELL, P.E. 1225 MAIN STREET 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 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 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 All, dated April 10, 1998 AUTHORIZED BY: St. Johns River Water Management District Department of Resource Management By4SICE C NTER DIRECTOR - MELBOURNE J JUILIANNA "EXHIBIT All CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 40 -061 -0155G -ERP CITY OF SEBASTIAN DATED APRIL 10, 1998 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 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 permitted shall submit to the District a Construction Commencement Notice Form No. 40C-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 Applicants 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 Applicants 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 that 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 a 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 form 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 certified on the as -built drawings: A. Dimensions and elevations of all discharge structures including all weirs, slots, gates, pumps, pipes, and oil and grease skimmers; B. 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; C. Dimensions, elevations, contours, or cross-sections of all treatment storage areas sufficient to determine stage -storage relationships of the storage area and the permanent pool depth and volume below the control elevation for normally wet systems, when appropriate; D. Dimensions, elevations, contours, final grades, or cross-sections of the system to determine flow directions and conveyance of runoff to the treatment system; E. Dimensions, elevations, contours, final grades, or cross-sections of all conveyance systems utilized to convey off-site runoff around the system; F. Existing water elevation(s) and the date determined; and G. 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 No. 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 responsible approved operation and maintenance entity, if different from the permittee. Until the permit is transferred pursuant to section 7.1 of the Applicants 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 to 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 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 the 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. 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. 22. The operation and maintenance entity shall submit inspection reports to the District two years after the operation phase permit becomes effective and every two years thereafter on District form EN -46. The inspection form must be signed and sealed by an appropriate registered professional. 23. The proposed construction and operation of the baffle box and associated structures, and the proposed work on the lagoon edge must be done in accordance with the plans and information received by the District on March 26, 1998. ' CDISTRICT April 10, 1998 Martha Campbell, P.E. City of Sebastion 1225 Main Street Sebastion, Florida 32958 Henry Dean, Executive Director John R. Wehle, Assistant Executive Director POST OFFICE BOX 1429 PALATKA, FLORIDA 32178-1429 TELEPHONE 904.329.4500 SUNCOM 904.860.4500 TDD 804.329-4450 TDD SUNCOM 860-4450 FAX (Executive) 329.4125 (Legal) 329.4485 (Permitting) 329.4315 (Administration/Finance) 329.4508 (Planning and Acquisition) 329.4848 SERVICE CENTERS 618 E. South Street 7775 Baymeadows Way PERMITTING: OPERATIONS: Orlando, Florida 32801 Suite 102 305 East Drive 2133 N. Wickham Road 407-697-4300 Jacksonville, Florida 32256 Melbourne, Florida 32904 Melbourne, Florida 32935.8109 TDD 407.897.5960 904.730.6270 407.9844940 407.7523100 TDD 904448.7900 TDD 407.722.5368 TDD 407.752-3102 Re: Consent of Use Main Street Baffle Box Permit # 40-061-0155AG-ERP (Please reference permit number on all correspondence.) Dear Ms. Campbell: Thank you for notifying the St. Johns River Water Management District of your intent to construct an endwall. We have reviewed the information you provided and determined that the project qualifies for consent to use state-owned submerged lands. The District bases this determination upon the fact that the project preempts no more than 10 square feet of submerged lands for every linear foot of shoreline you own. Providing your facility is consistent with the above, please consider this the authority sought under Section 253.77, Florida Statutes, and Chapter 18-21, Florida Administrative Code, to pursue this project. Prior to commencement of construction and/or activities authorized herein, you must obtain the U.S. Army Corps of Engineers (ACOE) permit if required by the ACOE. Any modification to the construction and/or activities authorized herein that may be required by the ACOE shall require reconsideration by and the prior written approval of the St. Johns River Water Management prior to commencement of construction and/or any activities on sovereignty, submerged lands. This letter of consent in no way waives the authority and/or jurisdiction of any government entity, nor does it disclaim any title interest the state may have in the project site. Please check with your local government for specific requirements. Where local governments have standards, the more stringent standards shall apply. This letter does not constitute authority to proceed with your project under Chapter 373, F.S. Dan Roach, CHAIRMAN Kathy Chinoy, VICE CHAIRMAN James T. Swann, TREASURER Otis Mason, SECRETARY FERNANDINA BEACH PONTE VEDRA COCOA ST. AUGUSTINE William M. Segal Griffin A. Greene James H. Williams Patricia T. Harden Reid Hughes MAITLAND VERO BEACH OCALA SANFORD DAYTONA BEACH C Henry Dean, Executive Director John R. Wehle, Assistant Executive Director POST OFFICE BOX 1429 PALATKA, FLORIDA 32178-1429 TELEPHONE 904.329.4500 SUNCOM 904.860.4500 TDD 904.329-4450 TDD SUNCOM 860-4450 FAX (Executive) 329.4125 (Legal) 329.4485 (Permitting) 329.4315 (Administra11on1Finance) 328-4508 (Planning and Acquisition) 329.4848 SERVICE CENTERS 618 E. South Street 7775 Baymeadows Way PERMITTING: OPERATIONS: Odando, Florida 32801 Suite 102 305 East Drive 2133 N. Wickham Road 407.697.4300 Jacksonville, Florida 32256 Melbourne, Florida 32904 Melbourne, Florida 32835-8109 TDD 407.887.5860 804.730.6270 407.884-4940 407.752.3100 TDD 904.448-7900 TDD 407-722.5368 TDD 407.752.3102 Please retain this letter, as it constitutes consent to use sovereign submerged lands by the St. Johns River Water Management District. Please be aware that you are bound to the conditions set forth in the attached "General Consent Conditions". Your work may be inspected by authorized state personnel in the future to insure compliance with appropriate statutes and administrative codes. If your work is not in compliance, you may be subject to penalties under Chapter 18-14, F.A.C. If you have questions, please contact me at 407-984-4940. Sincerely, John iliann ,Director ur rvice Center Enclosures: General Consent Conditions Notice of Rights cc: PDS -SSL Dan Roach, CHAIRMAN Kathy Chinoy, VICE CHAIRMAN James T. Swann, TREASURER Otis Mason, SECRETARY FERNANDINA BEACH PONTE VEDRA COCOA ST. AUGUSTINE William M. Segal Griffin A. Greene James H. Williams Patricia T. Harden Reid Hughes MAITLAND VERO BEACH OCALA SANFORD DAYTONA BEACH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT SUBMERGED LANDS & ENVIRONMENTAL RESOURCES PROGRAM GENERAL CONSENT CONDITIONS Project No. 40-061-0155AG-ERP 1. No activities other than those set forth in the attached letter dated are authorized. Any additional activities on state-owned sovereignty submerged lands must receive further consent from the Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund (hereinafter the "Board") or their properly designated agent. 2. Grantee agrees that all title and interest to all lands lying below the historical mean high water line or ordinary high water line are vested in the Board, and shall make no claim of title or interest in said lands by reason of the occupancy or use thereof. 3. Grantee agrees to use or occupy the subject premises for those purposes specified herein, and Grantee shall not permit the premises or any part thereof to be used or occupied for any other purpose or knowingly permit or suffer any nuisances or illegal operations of any kind on the premises. 4. Grantee agrees to maintain the premises in good condition in the interest of the public health, safety and welfare. The premises are subject to inspection by the Board or its designated agent at any reasonable time. 5. Grantee agrees to indemnify, defend and hold harmless the Board and the State of Florida from all claims, actions, lawsuits and demands arising out of this consent. 6. No failure, or successive failures, on the part of the Board to enforce any provision, waiver or successive waivers on the part of the Board of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Board to enforce the same in the event of subsequent breach. 7. Grantee binds itself and its successors and assigns to abide by the provisions and conditions set forth herein. In the event Grantee fails or refuses to comply with the provisions and conditions of this consent, the consent of use may be terminated by the Board after written notice to the Grantee. Upon receipt of such notice, the Grantee shall have thirty (30) days in which to correct the violation. Failure to correct the violations within this period shall result in the automatic revocation of this Letter of Consent. 8. All costs, including attorneys' fees, incurred by the Board in enforcing the terms and conditions of this consent shall be paid by the Grantee. Grantee agrees to accept service by certified mail of any notice required by Chapter 18-14, Florida Administrative Code, at the address shown on the attached Consent of Use letter and further agrees to notify the Board in writing of any change of address at least 10 days before the change becomes effective. 9. Grantee agrees to assume responsibility for all liabilities that accrue to the sovereignty submerged land or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be lawfully assessed and levied against the property during the effective period of this consent. 10. Grantee agrees that any dispute arising from matters relating to this consent shall be governed by the laws of Florida. 11. The Letter of Consent associated with these General consent conditions as well as these conditions themselves are subject to modification after 5 years in order to reflect any applicable changes in statutes, rule or policies of the Board or its designated agent. 12. In the event that any part of the structure(s) consented to herein is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Grantee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply shall constitute a material breach of this consent and shall be grounds for its immediate termination. E 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 120.57 Florida Statutes, before the deadline for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth in sections 120.569 and 120.57, Florida Statutes, and Rules 28-106.111 and 28-106.401-.405, Florida Administrative Code. Pursuant to District rule 40C-1.511, Florida Administrative Code, the petition must be filed at the office of the District Clerk at District Headquarters, Highway 100 West, Palatka, Florida 32178- 1429 within nineteen (19) days of the District depositing notice of its intent in the mail (for those persons to whom the District mails actual notice) or within fourteen (14) days of newspaper publication of the notice of its intent (for those persons to whom the District does not mail actual notice). Such a petition must comply with District rule 40C-1.521, Florida Administrative Code. 2. If the Governing Board took action which substantially differs from the notice of intent to grant or deny the permit application, a person whose substantial interests are or may be determined has the right to request an administrative hearing. Pursuant to District rule 40C-1.511, Florida Administrative Code, the petition must be filed at the office of the District Clerk at District Headquarters, Highway 100 West, Palatka, Florida 32178-1429, within nineteen (19) days of the District depositing notice of final agency action the the mail (for those persons to whom the District mails actual notice) or within fourteen (14) 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 District rule 40C-1.521, Florida Administrative Code. 3. A substantially interested person has the right to a formal administrative hearing pursuant to Sections 120.569 and 120.57(1), Florida Statutes, where there is a dispute between the District and the party reqarding an issue of material fact. A petition for formal hearing must comply with the requirements set forth in Section 40C-1.521(2), 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 Section 40C-1.521(2), 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. (Section 40C-1.013, Florida Administrative Code) NOTICE OF RIGHTS 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 40C-1.511, 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 40C-1, Florida Administrative code. 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 intent to grant or deny 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, Highway 100 West, Palatka, Florida 32178-1429. 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. r NOTICE OF RIGHTS 14. For appeals to the District courts 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 will result in waiver of that right to review. 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 ATTN: MARTHA CAMPBELL, P.E. 1225 MAIN STREET SEBASTIAN, FL 32958 at 4:00 p.m. this 10TH day of APRIL, 1998 wA& V it Data Services ctor, Gloria Lewis St. Johns River Water Management District Post Office Box 1429 Palatka, FL 32178-1429 (904) 329-4566 40 -061 -0155G -ERP DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS - � P. O. BOX 4970 JACKSONVILLE, FLORIDA 32232-0019 REPLY TO ATTENTION OF MERRITT ISLAND REGULATORY FIELD OFFICE 2460 NORTH COURTENAY PAPMiAY, SUITE 101, MERRITT ISLAND, FLORIDA 32953 NATIONWIDE VERIFICATION ACTION ID: 1998-01913(NW-EB) COUNTY: INDIAN RIVER 5W A%NIYRpNRY PROPERTY OF ': City of Sebastian, Attn: Martha Campbell ADDRESS: 1225 Main Street, Sebastian, Florida 32958 TELEPHONE NUMBER: 561-388-8223 ................................................•-..........................-.-.--.-.......................................................-...-....-..-....--............--......................................................................... ...............................................................................................................................D"..........-...-...--.--..-----*"*"-----.....-.-..-..--...---.--..--............................................, LOCATION OF PROJECT TiATERYD�Y: INDIAN RIVER SECTION 6 TOWNSHIP 31 SOUTH RANGE 39 EAST ADDRESS: Main Street, between Louisiana and the Indian River Lagoon ....................... ........................... ............................................................................. ............................. ............ _._........_........--.... -_ _ __---....... , ............................................................................................................................................................. .............................................. ...... ........................... ..... DESCRIPTION OF ACTIVITY: Repair the existing drainage system. Repair the joints and replace the pipe. Install a baffle box and replace the pipe to the outfall. Remove the accumulation of material which has formed at the outfall. Approximately 0.06 acre of wetlands or surface waters will be impacted by this work. -------------------------------------------•----------...-..............-..........-.........-....................................................---..-.....-......-..-...---------------------------------------------------------------------- .............................................--...........-......-..-..-..-..........--..-.-----.--.-.--..............................................-..............-.....-......-.-......-..--.-...................._-..-.-..-..-.................... !AUTHORIZATION: Nationwide Permit Number: NW -3 MAINTENANCE ................................................ ............................ .................................................................................. ................................................... _- ...... ....................... ¢ This verifies that your proposal is authorized by this nationwide Permit in accordance with the enclosed copy of our regulations as stated in 33 CFR Part 330, Appendix A. This verification is valid for two years from the date of this letter, unless this nationwide permit is modified, reissued, or revoked. It is incumbent on you to remain informed of changes in these nationwide permits. We will issue a public notice announcing any changes when they occur. In the event that you have not completed construction of your project within the two year construction window, reverification under this nationwide permit will be required. A separate Department of the Army permit is not required providing the work is done in accordance with the drawings and information as provided in your application, the conditions listed in 33 CFR part 330, Appendix A, Subparagraph C (Nationwide Permit Conditions), and any appropriate regional conditions enclosed. This letter does not obviate the requirement to obtain any State or local permits which may be necessary for your proposed work. You should check state permitting requirements with the Florida Department of Environmental Protection or the appropriate water management district. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide ermit, lease contact the Corps Merritt Island Regulatory Office at 2460 or our y arkway, Suite 101, Merritt Island, Florida 32953 or by telephone (4 ) 45 -0210. Regulatory Official: Elizabethephone Number: 407-452-8813 Issue Date: 04/23/96 Expi4t geDatp/of Verification: January 21, 2000 ADDITIONAL INFORMATION AND NATIONWIDE PERMIT CONDITIONS 1. This nationwide permit is being verified for the work shown on your permit application. As owner of the property or as a party with the requisite property interest to do the work, you are considered liable for any activities that are not in compliance with this verification. If at some point you no longer have the requisite property interests for this project, you are required to transfer the nationwide verification to the new owner by having them sign at the bottom of this letter. Please send a copy of this transfer to the U.S. Army Corps of Engineers at the letterhead address. 3. A general condition of all the nationwide permits is to provide a certification of compliance. This certifies that the work performed under this verification was in accordance with the Corp's authorization, including any general or specific conditions. Once your project is completed, the attached compliance certification must be sent to the U.S. Army Corps of Engineers office at the letterhead address. 4. Enclosed are the Specific Conditions as listed in 33 CFR part 330, Appendix A, Subparagraph B for Nationwide Permit Number: NW -3 MAINTENANCE 5. Enclosed are the General Conditions as listed in 33 CFR part 330, Appendix A, Subparagraph C for all Nationwide Permits. REQUEST FOR PERMIT TRANSFER: When the structures or work verified by this nationwide are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, the transferee should sign and date below. (TRANSFEREE) (DATE) (Name - Printed) Lot/Block: (Street Address) (City, State, and Zip Code) Flood Plain Information: A nationwide permit verification does not give absolute authority to perform the work as specified on your application. The proposed work may be subject to local building permits to determine if your site is located in a flood -prone or floodway area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. If the local office cannot provide you the necessary information, you may provide this office a letter with small scale map showing the location of the site, requesting a flood -hazard evaluation of the site. The request should be addressed to the Chief, Flood Control and Floodplain Management Branch, Jacksomvi_Ue District, U.S. Army Corps of Engineers, P.O. Box 4970, Jacksonville, Florida 32232-0019. Nationwide Compliance Certification Nationwide Number 3 Permit Number: 1998-01913(NW-EB) Name and Address: Telephone Number: Location of the Work: Description of the Work (e.g. bank stabilization, residential fill etc.) Type and acreage (or square feet) of the loss of Waters of the United States (jurisdictional wetlands)(e.g. 1/10 acre of marsh and 50 square feet of a stream): Description of Mitigation Completed (if applicable): I, , certify that the work was done as described in the authorization letter dated and all work and required mitigation (if applicable) was completed in accordance with the permit conditions. Signature of Permittee Date IIF..' iOi' Rx ••�• 1,.;;, �V 1?flfi i Ir::1 �,. � ' 9 /11 0 m4� �'t y1,T I. i3C! -/' T�•)•t % RJ F.' .-7, nJ y1�Kl 12 1.11. 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I i <<'V /; f / !� / ! � H 1(t Rlr•I 1-nuuL t)3 (-AlY ANI: aW/i'I' SEKv DUUBLL KUV Ur IURBIDIIY FEXIFT 6 RI S EXIST 24• PIPE (KIST 24' PIPE TO BE Wt'M1:VF,D AND REPLACED -Kl I tib` 5'�•L'�t N��.DO!. xU.01 SPOIL AR2•A TO BE DREDGED (APrOX 70 cy L 2.400 sF) AND REILIRNEIZ_t OORIGINAL CDNIIIIIIIN G.Sp RIM SAMPLING POINT 3.15 W • .I3 r\ 12' 7. 5 7.25 5.41 SOe 6 71 40 ♦ '• �tXISI 24' PIPE m ATO BE REMOVED A D PLA .0 TH 4 4• R P 4 4.20 .'0 r4E. WPP m.S.E.W 1 `'--` 2 6.99�67, � 5.36 4.12 L \� l2 7•[3 EXISTING BOX TO BE REMOVED ' I c'.a0 SW0.yd B4 7.21' A �� 7.04 I 56 A RPA A - iRl L1 ' 15 J J 11' 1 T 4' 6 I I 6.14 HISTORICAL ROCK FXIST-(:rU1rkArTr1RIW VARIFSI { " -�� )5' 1� y ' .I6 7.18 TI] VFRIr•YI Opo 60CI ^. jJ `t`N � (� ` �1?' 1 7 I 'X25 SIDEWALK I TO NT BE DIAN 1 _ .--- -- ht ?`�'�` .,. U' � �1 28 7 09 R MnVEo AN P A v lI50 i l�: 4�4' ��' 't +EXIST RIVER .. t ode' I I 7.19 SCDASiIAN CIiY NARK ir/,J`�L' A ?-43 N 9.2a��I1:�,�1?7.99 7.48 (.61 7.3fi ARCA T❑ DE SAWCUi pi1D' fF\i 1,. AND REMOVED AND -L' t 12• y.?• I AR, A p 31i' � t-�l:•y?. 7 35 ar♦21 36' .,fir. �L ti' 'I-(iW 3'dE�L �i..-i N fti^�il • 6.15 7.10 757 724 I