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.
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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.
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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
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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
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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
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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
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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
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MAIN Si.
St Basin Drain
acement by FDOT, City)
Sedimentation Trap
/ (Baffle Box)
Remove sediment delta
Install erosion protection
Exfiltration Areas
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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*
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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
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(KIST 24' PIPE TO BE
Wt'M1:VF,D AND REPLACED
-Kl I tib` 5'�•L'�t N��.DO!.
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SPOIL AR2•A TO BE DREDGED
(APrOX 70 cy L 2.400 sF) AND
REILIRNEIZ_t OORIGINAL CDNIIIIIIIN
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