Loading...
HomeMy WebLinkAbout1994 12 20 - Notice of Permit Consideration1i JOHtl RNER Henry Dean, Executive Director John R. Wehle, Assistant Executive Director ATER POST OFFICE BOX 1429 PALATKA, FLORIDA 32178-1429 NAGEMENT TELEPHONE 904/329-4500 SUNCOM 904/860.4500 TRICT FAX (EXECUTIVEILEGAL) 329-4125 (PERMITTING) 329-0315 (ADMINISTRATION/FINANCE) 329.4508 t\ FIELD STATIONS X99\i`V\ 61B E. South Street 7775 Baymeadows Way PERMITTING: OPERATIONS: Q Orlando, Florida 32801 Suite 102 305 East Drive 2133 N. Wickham Road 407,897-4303 Jacksonville, Florida 32256 Melbourne, Florida 32904 Melhourne, Florida 329358109 1 ` 904930-627D 40719844940 4071254.1762 -El 20, 1994 CERTIFIED MAIL NLMBER: Z 273 105 231 RICHARD VOTAPKA 1225 MAIN STREET SEBASTIAN. FL 32958 RE: NOTICE OF BOARD CONSIDERATION OF PERMIT APPLICATION NUMBER 2-061-0142AUIl IN INDIAN RIVER COUNTY ENCLOSED IS A COPY OF THE TECHNICAL STAFF REPORT CTSR) WHICH STATES THAT STAFF MILL RECOMMEND APPROVAL OF THE APPLICATION WITH THE CONDITIONS AS STATED IN THE TSR. THIS TSR CONSTITUTES A NOTICE OF DISTRICT INTENT TO GRANT THE PERMIT APPLICATION. IF YOU DISAGREE WITH ANY PART OF THE TSR. YOU SHOLLD IMMEDIATELY CONTACT THE DISTRICT STAFF TO DISCUSS YOUR CONCERNS. PLEASE REFER TO THE ENCLOSED NOTICE OF RIGHTS THAT YOUR RIGHTS AND IMPORTANT TIME FRAMES REGARDING THE PROPOSED DISTRICT ACTION. YOU ARE ENTITLED TO ADDRESS THE GOVERNING BOARD CONCERNING THE APPLICATION. HOWEVER, WHETHER YOU DO SO OR NOT IS SOLELY YOUR DECISION. OBJECTIONS WHICH THE DISTRICT HAS RECEIVED CONCERNING THE ABOVE -REFERENCED APPLICATION ARE PROVIDED TO ASSIST YOU IN PREPARING ANY PRESENTATION TO THE GOVERNING BOARD. THE GOVERNING BOARD WILL CONSIDER THIS APPLICATION AT 1:00 P.M. JANUARY 10, 1995, OR AS SOON THEREAFTER AS IT MAY COME ONTO BE HEARD AT: ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, PALATKA, FL 32178. AGENDA ITEMS SCHEDULED FOR ACTION ON JANUARY 10, 1995, MAY BE POSTPONED FOR CONSIDERATION AT THE GOVERNING BOARD MEETING WHICH BEGINS AT 9:00 A.M. ON JANUARY 11, 1995. S4INC LYNN INOR DATA MANAGtMENT SUPERVISOR DIVISION OF PERMIT DATA SERVICES CC: DISTRICT FILE GLORIA LEWIS HARTMAN B ASSOCIATES, INC. Joe E. Hill, CHAIRMAN Patricia T. Harden, VICE CHAIRMAN Jesse J. Parrish, Ill, TREASURER Lenore N. McCullagh, SECRETARY LEESBURG SANFORD TITUSVILLE ORANGE PARK Reid Hughes Dan Roach William Segal Denise M. Prescod James H. Williams DAYTONA BEACH FERNANDINA BEACH MAITLAND JACKSONVILLE OCALA r t FORM - ADM 30 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) WITHIN 14 DAYS OF RECEIPT OF NOTICE OF THE DISTRICT'S INTENT TO GRANT OR DENY A PERMIT APPLICATION OR WITHIN 14 DAYS OF PUBLICATION OF NOTICE, WHICHEVER OCCURS FIRST, AT THE OFFICE OF THE DISTRICT CLERK LOCATED AT DISTRICT HEADQUARTERS, HIGHWAY 100 WEST, PALATKA, FLORIDA. (SECTION 40C-1.511, FLORIDA ADMINISTRATIVE CODE) 2. A PERSON WHOSE SUBSTANTIAL INTERESTS ARE OR MAY BE DETERMINED HAS THE RIGHT TO REQUEST AN ADMINISTRATIVE HEARING BY FILING A WRITTEN PETITION IN THE OFFICE OF THE DISTRICT CLERK WITHIN 14 DAYS OF RECEIPT OF NOTICE OF FINAL DISTRICT ACTION ON A PERMIT APPLICATION, IF THE GOVERNING BOARD TOOK ACTION WHICH SUBSTANTIALLY DIFFERS FROM THE NOTICE OF INTENT TO GRANT OR DENY THE PERMIT APPLICATION. (SECTION 40C-1.511, FLORIDA ADMINISTRATIVE CODE) 3. A SUBSTANTIALLY INTERESTED PERSON HAS THE RIGHT TO REQUEST A FORMAL ADMINISTRATIVE HEARING PURSUANT TO SECTION 120.57 (1) FLORIDA STATUTES, WHERE THERE IS A DISPUTE BETWEEN THE DISTRICT AND THE PARTY REGARDING AN ISSUE OF MATERIAL FACT. A PETITION FOR A 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 REQUEST. AN INFORMAL HEARING PURSUANT TO SECTION 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) 1. 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. 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 PROCEDURE, BY FILING AN ACTION IN CIRCUIT COURT WITHIN 90 DAYS OF THE RENDERING OF THE FINAL DISTRICT ACTION, (SECTION 373.617, FLORIDA STATUTES). 9. 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. 1 continue on page 2 r ,y FORM - ADM 30 NOTICE OF RIGHTS 10. 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 REGULATION AND ANY PERSON NAMED IN THE ORDER WITHIN 20 DAYS OF ADOPTION OF A RULE OR THE RENDERING OF A DISTRICT ORDER. 11. 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. 12. FAILURE TO OBSERVE. THE RELEVANT TIME FRAMES FOR FILING A PETITION FOR JUDICIAL REVIEWS DESCRIBED IN PARAGRAPHS #5 AND #9 OR FOR COMMISSION REVIEW AS DESCRIBED IN PARAGRAPH #10 WILL RESULT IN WAIVER OF THAT RIGHT TO REVIEW. CERTIFICATE OF SERVICE I HER CERTIFY THAT A COPY OF THE FOREGOING NOTICE OF RIGHTS HAS BEEN SENT BY U.S. MAIL TO: RILNARD VOTAFKA 1225 MAIN STREET SEBASTIAN. Ft 329 . 4:C0 P.M. AT 0E{gM9E? 1 THIS "DAY OF 19 ST. JOHNS RIVER WATER MANAGEMENT DISTRICT P.O. BOX 1429 PALATKA, FL 32175-1429 (904) 329-4566 2-041-01 42 AU NF 2M RMI'1DATA SERVICES DIRECTOR, GLORIA ROBERSON REVISED 6A93 CONSUMPTIVE USE TECHNICAL STAFF REPORT PUBLIC SUPPLY DECEMBER 22, 1994: OWNER: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: Richard Votapka AGENT: William J. Wasson Hartman & Associates 210 East Pine Street, Suite 100 Orlando, FL 32801 COUNTY: Indian River PROJECT NAME: Sebastian Highlands Water Treatment Plant SECTIONS: 19 TOWNSHIP: 31 South RANGE: 39 East GENERAL DESCRIPTION OF APPLICATION NO. 2-061-0142AUNR2: This application is for the use of 260.2 mgy of ground water from the surficial aquifer system to supply an estimated population of 7,086 people in 3 years. This is a renewal of a previously issued permit with a request for an increase in allocation. The use has been reviewed as an existing use for the period commencing with the issuance of the original permit. PREVIOUS PERMIT INFORMATION Expiration: June 9, 1994 Allocation: 255.4 mgy of groundwater for public supply. PRESENT 3 YEARS (1994) (1997) Population Served: 4859 8386 Average Daily Use - Total (mgd): 0.413 0.713 GPDC (average) - Household: 85 85 Maximum Daily Use - Total (mgd): 0.690 1.190 GPDC (maximum) - Household: 142 142 Effluent Disposal (mgd): 0.08 0.138 Use Classification: Household: 1000 STAFF COMMENTS: The City of Sebastian withdraws potable groundwater from the surficial aquifer system from two existing 10 - inch diameter wells and is proposing to install one more 10 -inch diameter well to supply an estimated 600 of the city residents in 1997 (Figure 1). Staff recommends that the city continue monitoring the water quality of their production wells to ensure that pumping does not induce salt water intrusion from the Indian River Lagoon (see other Conditions #8 & #9). Computer model simulations of the proposed pumping indicate that there are no adverse impacts to existing users or wetlands. In addition, water quality analyses indicate that the source aquifer water quality has not degraded during the pumping of the past seven years. WATER CONSERVATION: The applicant has implemented or has agreed to implementing the following conservation measures: a) schedule a water audit with the Florida Rural Water Association (FRWA); b) working with District staff to develop water conservation ordinances and a commercial plumbing retro -fit program; c) testing and calibration of production meters; d) individually metered all'accounts; and e) a inclined rate structure. The applicant has not done a water audit and does not currently have the funds budgeted for an audit. Staff is recommending a three year permit to allow the applicant to arrange a FRWA audit and determine the system's water utility (see other Condition #10). WATER REUSE: The city's wastewater average daily flows (ADF) are currently about 80,000 gpd and are disposed of by percolation ponds. However, with the sewer system expansion and population growth the ADF will exceed 100,000 gpd within two years. Staff is therefore requiring that the applicant submit a reuse feasibility study within one year of permit issuance (see other Condition #11). ION: Approval GENERAL CONDITIONS (see condition sheet): 1 - 8, 9, 12, 13 SPECIAL CONDITIONS (see condition sheet): 9 OTHER CONDITIONS: 1. This permit will expire three years from the date of issuance. 2. Maximum annual ground water withdrawals for this project must not exceed: 183.6 million gallons in 1995, 219.7 million gallons in 1996, and 260.2 million gallons in 1997. 3. Maximum daily ground water withdrawals for this project must not exceed: 0.840 million gallons in 1995, 1.010 million gallons in 1996, and 1.190 million gallons in 1997. 4. Well no's 1 and 2, as listed on the application, are equipped with totalizing flow meters and well no. 3 must be equipped with a totalizing flow meter prior to use. These meters must maintain 95% accuracy, be verifiable and be installed according to the manufacturer's specifications. 5. Total withdrawal from well no's 1, 2, and 3, as listed on the application, must be recorded continuously, totalled monthly, and reported to the District by September 30 and March 31_ of each year, for the permit duration, using Form No. EN -50. The next submittal must be by March 31, 1995. 6. The permittee must maintain all flow meters. In case of.failure or breakdown of any meter, the District must be notified in writing within 5 days of its discovery. A defective meter must be repaired or replaced within 30 days of its discovery. 7. The permittee must have all flow meters checked for accuracy at least once every 3 years within 30 days of the anniversary date of permit issuance, and recalibrated if the difference between the actual flow and the meter reading is greater than 50-.. District Form No. EN -51 must be submitted to the District within 10 days of the inspection/calibration. 8. Water samples must be collected from wells numbered 1, 2, and 3, in accordance with a District approved QA/QC program in May of 1995, 1997, and 2001. All water samples must be analyzed for the following: Calcium Total Alkalinity Sodium Magnesium Potassium Sulfate Chlorides Total Hardness Ph Carbonate All major ion analyses must be performed on filtered samples, and must be checked for a cation -anion balance of less than 10%. If a loo error margin is exceeded in any sample, an additional sample must be collected immediately and reanalyzed. It is recommended that duplicate samples be taken. Results of these tests must be submitted to the District within 45 days of the sampling date. 9. Water quality samples for chloride measurements must be taken annually from each production well in May and October in accordance with the District approved QA/QC program. The results of the analyses must be submitted to the District within 45 days of the sampling date. 10. On or before January 10, 1997, the City must - submit the results of an audit on the water system. As a minimum, this audit must include a comparison of the total water volume pumped compared with the total volume distributed inclusive of any specific logs the District requested .to be maintained. If the audit should determine that unaccounted water is larger than 10% of the total volume metered, the permittee must implement a leak detection program. Should it be determined that a leak detection study be needed, results of the study must be submitted on or before permit renewal. 11. Within one year of permit issuance, the permittee must submit the results of a reuse feasibility study to the District. The study must be prepared in accordance with the FDEP guidelines for conducting a reuse feasibility study. The cost to provide reclaimed water to nearby citrus groves and the city golf course are two options which must be evaluated. Results of this study are subject to District approval. If this study shows that reuse is a feasible option if financed over a 20 year horizon, the applicant must provide reuse to potential customers. 12. Reclaimed water must be used for reasonably beneficial irrigation to the greatest extent possible when economically feasible. The percolation pond should serve only as a back- up disposal method. 13. The permittee must implement the Water Conservation Plan submitted on June 8, 1994 and modified on September :6, 1994, in accordance with the schedule contained therein. A report detailing the progress of plan implementation must be submitted to the District on or before July 15, 1996. 14. Prior to the use of well #3, as listed in the application, the permittee must submit the results of a multiple rate specific capacity test that was conducted in accordance with Appendix H of the Applicant's Handbook for Consumptive Use Permitting. Written approval of the acceptance of these test results must be received from the District prior to placing this well into production. 15. Source classification is unconfined aquifer. 16. Use classification is 100°s (260.2 mgy) household. R. BURKLEW �� ��.. e � `r, OXY✓•" 1 D V - C �1 t I .x 'Yrs=•^N• !}�: � �sT _a r c �-/ LEGEND 91 CITY OF SEBASTIANI SERVICE AREA : J� {n c MT—(FMI I Figure 1 City of Sebastian CUP # 2-061-0142AUNR2 PLEASE REFER TO YOUR TSR FOR THOSE CONDITIONS WHICH APPLY TO YOUR PERMIT GENERAL CONDITIONS (Consumptive Water Use) 1. District Authorized staff, upon proper identification, will have permission to enter, inspect and observe permitted and related facilities in order to determine compliance with the approved plans, specifications and conditions of this permit. Nothing in this permit should be construed to limit the authority of the St. Johns River Water Management District to declare a water shortage and issue orders pursuant to Section 373.175, Florida Statutes, or to formulate a plan for implementation during periods of water shortage, pursuant_ to Section 373.246, Florida Statutes. In the event a water shortage, is declared by the District Governing Board, the permittee must adhere to the water shortage restriction as specified by the District, even though the specified water shortage restrictions may be inconsistent with the terms and conditions of this permit. Prior to the construction, modification, or abandonment of a well, the permittee must obtain a Water Well Construction Permit from the St. Johns River Water Management District, or the appropriate local government pursuant to Chapter 40C-3,. Florida Administrative Code. Construction, modification, or abandonment of a well will require modification of the consumptive use permit when such construction, modification or abandonment is other than that specified and described,on the consumptive use permit application form. Leaking or inoperative well casings, valves, or controls must be repaired or replaced as required to eliminate the leak or make the system fully operational. Legal uses of water existing at the time of permit application may not be significantly adversely impacted by the consumptive use. If unanticipated significant adverse impacts occur, the District shall revoke the permit in whole or in part to curtail or abate the adverse impacts, unless the impacts can be mitigated by the permittee. Off-site land uses existing at the time of permit application may not be significantly adversely impacted as a result of the consumptive use. If unanticipated significant adverse impacts occur, the District shall revoke the permit in whole or in part to curtail or abate the adverse impacts, unless the impacts can be mitigated by the permittee, 7. The District must be notified, in writing, within 30 days of any sale, conveyance, or other transfer of a well or facility from which the permited consumptive use is made or within 30 days of any transfer of ownership or control of the real property at which the permitted consumptive use is located. All transfers of ownership or transfers of permits are subject to the provisions of section 40C-1.612. 8. A District -issued identification tag shall be prominently displayed at each withdrawal site by permanently affixing such tag to the pump, headgate, valve or other withdrawal facilitdy as provided by Section 40C-2.401, Florida Administrative Co . Permittee shall notify the District in the event that a replacement tag is needed. PUBLIC SUPPLY -TYPE USES 9. If the permittee does not serve a new projected demand located within the service area upon which the annual allocation was calculated, the annual allocation will be subject to modification. 10. If water source is from wells, permittee must develop, implement, and submit to the District a Wellfield Operating Program within six (6) months on permit issuance. This program must explain which wells are primary, secondary, standby reserve,(the order of preference in turning on well, criteria for shutting down and restarting well, and any other aspects of wellfield management and operation. 11. On the tenth day following the month of record, permittee must submit to the District copies of the DER monthly water treatment plant reports on a monthly basis following the month of record.The permit number must be attached to all reports. 12. The permittee must ensure that all service connections are metered. 13. Landscape irrigation is prohibited between the hours of 10:00 a.m. and 4:00 p.m., except as follows: (A) Irrigation using a micro -irrigation system is allowed anytime. (B) The use of reclaimed water for irrigation is allowed anytime, provided appropriate signs are placed on the property to inform the general public and District enforcement personnel of such use. Such signs must be in accordance with local restrictions. (C) Irrigation of, or in preparation for planting, new landscape is allowed any time of day for one 30 day period provided irrigation is limited to the amount necessary for plant establishment. (D) Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer, or best management practices is allowed anytime within 24 hours of application. (E) Irrigation systems may be operated anytime for maintenance and repair purposes not to exceed ten minutes per hour per zone. 14. Permittee must implement the conservation plan approved by the District in accordance with the schedule contained therein. A report detailing the progress of plan implementation must be submitted to the District on or before the midpoint of the permit duration. COMMERCIAL/INDUSTRIAL-TYPE USES 15. The permittee must maintain records of total daily withdrawals from each source on a monthly basis for each year ending December 31st. These records must be submitted to the District on Form EN -3 by January 31st of each year. 16. If water source is from wells, permittee must develop and implement a Wellfield Operating Program within six (6) Months of permit issuance. This program must explain which wells are primary, secondary, standby (reserved), the order of perferance in turning on wells, criteria for shutting down and restarting wells, and any other aspects of wellfield management operation. This program must be submitted to the District within six (6) months of permit issuance. 17. Permittee must implement the conservation plan approved by the District in accordance with the schedule contained therein. A report detailing the progress of plan implementation must be submitted to the District on or before the midpoint of the permit duration. MINING TYPE -USES 18. Permittee must mitigate any adverse impact caused by withdrawals permitted herein on legal uses of water existing at the time of permit application. The District has the right to curtail permitted withdrawal rates, permitted dewatering, or permitted allocations if the withdrawals of water cause an adverse impact on legal uses of water which existed at the time of permit application. Adverse impacts are exemplified by but not limited to: (A) reduction of well water levels resulting in a reduction of 10% in the ability of an adjacent well to produce water; (B) reduction of water levels in an adjacent surface water body resulting in a significant impairment of the use of water in that water body; (C) saline water intrusion or introduction of pollutants into the water supply of an adjacent water use resulting in a significant reduction of water quality; and (D) change in water quality resulting in either impairment or loss of use of a well or water body. 19. Permittee must mitigate any adverse impact caused by withdrawals permitted herein on adjacent land use which existed at the time of permit application. The District has the right to curtail permitted withdrawal rates, permitted dewatering, or permitted water allocations if the withdrawals, of water cause an adverse impact on adjacent land use which existed at the time of permit application. Adverse impacts are exemplified by but not limited to: (A) significant reduction in water levels in an adjacent surface water body; (B) land collapse or subsidence caused by a reduction in water levels; and (C) damage to crops and other types of vegetations. 20. Should the permittee's dewatering operation create shoaling in adjacent water bodies, the permittee is responsible for clearing such shoaling. 21. Permittee must establish an elevation reference point which has been determined from a USGS datum bench mark in order to record and monitor existing water level elevation. 22. Permittee must implement the conservation plan approved by the District in accordance with the schedule contained therein. A report detailing the progress of plan implementation must be submitted to the District on or before the midpoint of the permit duration. AGRICULTURAL USES 23. The allocations stated above may be exceeded when the permittee must use water for freeze protection. Freeze protection is defined as the periodic and infrequent use of water to protect agricultural and nursery crops from permanent damage due to low temperatures. This action would be taken in response to forecasts of freezing temperatures by weather forecasting services. The permittee must maintain records of when water withdrawals for freeze protection are taking place, including the date of such withdrawal, duration of each withdrawal, and the rate at which withdrawals are taking place. These records must be submitted along with any required withdrawal records. 24. Irrigation of agricultural crops is prohibited between the hours of 10:00 a.m. and 4:00 p.m., except as follows: (A) Irrigation using a micro -irrigation system is allowed anytime. (B) The use of reclaimed water for irrigation is allowed anytime provided appropriate signs are placed on the property to inform the general public and District enforcement personnel of such use. Such signs must be in accordance with local restrictions. (C) The use of recycled water from wet detention treatment ponds to irrigate agricultural crops is allowed anytime provided the ponds are not augmented from any ground or off-site surface water sources. (D) Irrigation of, or in preparation for planting, new agricultural crops is allowed any time of day for one 30 day period provided irrigation is limited to the amount necessary for crop establishment. (E) Chemigation and fertigation are allowed at any time of day one time per week, and anytime during the normal 4:00 p.m. to 10:00 a.m. irrigation hours. (F) Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer or best management practices is allowed anytime within 24 hours of application. (G) Irrigation systems may be operated anytime for maintenance and repair purposes not to exceed ten minutes per hour per zone. (H) Irrigation of agricultural crops by seepage systems which regulate off-site discharges through the use of water control structures is allowed anytime, provided the discharge does not overtop the control structure by more than one-half inch, the structure is well maintained, and there is no discharge between 1:00 p.m. and & 7:00 p.m. unless associated with a storm event. (I) The use of water to protect agricultural crops from frost or freeze damage is allowed when freezing temperatures or frost are predicted by an official weather forecasting service. (J) The use of water to protect agricultural crops from heat stress damage is allowed anytime, provided the watering does not exceed ten minutes per hour per zone or one twenty minute period per day, whichever is applicable. (K) Irrigation of agricultural crops by traveling volume guns which require manual repositioning is allowed anytime. 25. Permittee must implement the conservation plan approved by the District in accordance with the schedule contained therein. A report detailing the progress of plan implementation must be submitted to the District on or before the midpoint of the permit duration. 26. Irrigation of nursery plants is prohibited between the hours of 10:00 a.m.-and 4:00 p.m., except as follows: (A) Irrigation using a micro -irrigation system is allowed anytime. (B) The use of reclaimed water for irrigation is allowed anytime, provided appropriate signs are placed on the property to inform the general public and District enforcement personnel of such use. Such signs must be in accordance with local restrictions. (C) The use of recycled water from wet detention treatment ponds to irrigate nursery plants is allowed anytime provided the ponds are not augmented from any ground or off-site surface water sources. (D) Irrigation of, or in preparation for planting, new nursery stock is allowed any time of day for one 30 day period provided irrigation is limited to the amount necessary for plant establishment. (E) Chemigation and fertigation are allowed at any time of day one time per week, and anytime during the normal 4:00 p.m. to 10:00 a.m. irrigation hours. (F) Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer or best management practice is allowed anytime within 24 hours of application. (G) irrigation systems may be operated anytime for maintenance and repair purposes not to exceed ten minutes per hour per zone. (H) The use of water to protect nursery plants from frost or freeze damage is allowed when freezing temperatures or frost are predicted by an official weather forecasting service. (I) The use of water to protect nursery plants from heat stress damage is allowed anytime, provided the watering does not exceed a ten minutes per minute per hour per zone or one twenty minute period per day. (J) Irrigation sites using reclaimed water must include signs designed and located to inform the general public and District enforcement personnel of such use. Such signs must be in accordance with local restrictions. 27. Permittee must implement the conservation plan approved by the District in accordance with the schedule contained therein. A report detailing the progress of plan implementation must be submitted to the District on or before the midpoint. of the permit duration. AOUACULTURE USE• 28. The permittee must install an aerator(s) to add oxygen to the facilities when necessary. 29. Facilities using reclaimed water may do so anytime provided appropriate signs are placed on the property to inform the general public and District enforcement personnel of such use. Such signs must be in accordance with local restrictions. 30. Permittee must implement the conservation plan approved by the District in accordance with the schedule contained therein. A report detailing the progress of plan implementation must be submitted to the District on or before the midpoint of the permit duration. GOLF CO S ./ F RFnTION U E: 31. Golf course and recreational irrigation is prohibited between the hours or 10:00 a.m. and 4:00 p.m. except as follows: (A) Irrigation using a micro -irrigation system is allowed anytime•. (B) Facilities using reclaimed water for irrigation may do so at anytime provided appropriate signs are placed on the property to inform the general public and District t personnel of such use. Such signs must be in accordance with local restrictions. (C) The use of recycled water from wet detention treatment ponds to irrigate golf courses and recreational.areas if allowed anytime provided the ponds are not augmented from any ground or off-site surface water sources. (D) Irrigation of, or in preparation for planting, new golf courses and recreational areas is allowed at anytime of day for one 30 day period provided irrigation is limited to the amount necessary for plant establishment. Irrigation of newly seeded or sprigged golf course areas is allowed any time of day for one 60 day period. (E) Chemigation and fertigation are allowed at any time of day one time per week, and anytime during the normal 4:00 p.m. to 10:00 a.m. irrigation hours. (F) Watering in of chemicals, including insecticides,.when required by law, the manufacturer or best management practices is allowed anytime within 24 hours of application. (G) Irrigation systems may be operated anytime for maintenance and repair purposes not to exceed ten minutes per hour per zone. (H) The use of water to protect golf course turf from heat stress damage is allowed anytime, provided the watering does not exceed ten minutes per hour per zone. 32. Permittee must implement the conservation plan approved by the District in accordance with the schedule contained therein. A report detailing the progress of plan implementation must be submitted to the District on or before the midpoint of the permit duration. SPECIAL CONDITIONS 1. Freeze protection must occur only during the period outlined by the following parameters: (A) Freeze or below freezing temperatures are forecast by the National Weather Service and; (B) The "wet bulb" temperature, as measured by a "wet bulb" thermometer at the site of application, is 34 degrees Fahrenheit or less. The permittee must maintain records of when. withdrawals for freeze protection take place, including the date and duration of each withdrawal and the rate at which these withdrawals occur. The records must be tabulated for one year periods ending June 30 of each year and submitted to the District on form EN -13 by July 31 of the same year. Prior to the Construction, modification or abandonment of a well, the permittee must obtain a Water Well Construction Permit from the Department of Health, Welfare & Bio - environmental Services, pursuant to an Inter -agency Agreement with the St. Johns River Water Management District and Duval County signed November 29, 1978. Construction, modification or abandonment of a water well will require modification of the Consumptive Use Permit when such construction, modification or abandonment is other than that specified and described on the Consumptive Use Permit Application Form. Prior to the contruction, modification, or abandonment of a well, the permittee must obtain a Water Well Construction Permit from Volusia County Building Inspections and Permits, pursuant to an Inter -Agency Agreement with the St. Johns River Water Management District and Volusia County signed September 7, 1978. Construction, modification or abandonment of a water well will require modification of the Consumptive Use Permit when such construction, modification or abandonment is other than that specified and described on the Consumptive Use Permit Application Form. A water sample must be taken from the well(s) designated by the District in May and October of each year for the duration of the permit. The samples must be collected immediately following an irrigation cycle, whenever possible. If this is not possible, the well must be allowed to discharge at design capacity for at least 20 minutes before the sample is collected. The samples must be analyzed for chlorides (CL). In addition to the analyses; the report submitted to the District must include the date of sampling, well number, the length of time the well discharged before the sample and the name of the company or person doing the actual analysis. These reports must be submitted to the District within 30 days of sampling. 5. The permittee must maintain records of when withdrawals from the well(s) and/or surface pump(s) designated by the District take place, including the date and duration of each withdrawal and the rate at which these withdrawals occur. The records must be tabulated for one year periods ending June 30 of each year and submitted to the District on Form EN -13 by July 31 of the same year. 6. Treated effluent must be used as irrigation water when it becomes available, economically feasible, and permissible under applicable state and federal statutes or regulations promulgated thereunder. If chemicals are injected into the irrigation system, the well or surface pump must be equipped with backflow prevention devices installed pursuant to Section 5E-2.030, F.A.C. Permittee must mitigate any adverse impacts to adjacent landowners caused by withdrawals during frost and freeze protection. This mitigation will include but not be limited to modification of existing domestic wells with adequate droppipe to insure a supply of water during frost and freeze protection. 9. whenever feasible, the permittee must use native vegetation that requires little supplemental irrigation for landscaping with the service area or the project. 10. Permittee must be in compliance with Subsection 553.14, F.S., within one year of the effective date of this permit. 11. Construction must be in compliance with Subsection 553.14, F.S. 12. Permittee must enter into a contract with existing and new customers requiring them to install water conserving devices on shower heads, faucets and water closets. For existing users the water conserving devices must be installed within one year of issuance of permit. New users must have these devices installed at the time of construction in accordance with Subsection 553.14,F.S. New connections will not be allowed unless these devices are installed. 13. The applicant will conduct a feasibility study for locating and utilizing wastewater for urban landscape irrigation. This study is to be submitted within six months of the issuance of this permit. 14. The Florida Department of Environmental Regulation (FDER) and the St. Johns River Water Management District (Division of Permitting) must be notified two weeks in advance of the crops washing plant beginning operation. FDER staff are to be allowed on the Permittee's property to take water samples of the water discharged from the crop washing operation. These samples may be taken at any location FDER staff deems necessary. 15. The surface water withdrawal facilities must be the primary source for freeze protection on the proposed fern acreage. 16. Permittee must follow Soil Conservation Service (SCS) specifications for the design and utilization of an onsite tailwater/retention pond system for frost and freeze protection on the proposed fern acreage. The permittee must submit to the District, within 6 months of construction of the tailwater/retention pond system, verification from SCS that the system has been built to SCS standards. The tailwater/retention pond system must be built prior to freeze protecting the proposed acreage. 17. During the construction of the tailwater/retention pond the permittee must install a staff gauge in the pond to measure water levels. A record must be maintained of: (A) Water level prior to pumping the pond for frost and freeze protection. (B) Water level at the duration of pumping (C) The duration of hours during each pumping periods (D) Dates of pumping for freeze protecting 18. The proposed well may be utilized to augment the tailwater/retention pond water level prior to freezing conditions. The proposed well may be utilized for freeze protection during extended freeze events (beyond 48 hours of below 32 degrees Fahrenheit), when the tailwater/retention pond reaches the miniumum depth as designed by SCS. A record must be maintained of: (A) Date the well is utilized for freeze protection (B) Pumping rate and duration of pumping The records must be tabulated and submitted to the District on a yearly basis ending June 30 of each year and submitted by July 31 of each year. 19. Permittee must install either a dual sprinkler irrigation system on the proposed fern acreage which has the capability of icing over the top of the shade cloth, or a single lower sprinkler system which is designed to limit the sprinkler nozzle output to 100 gallon/minute/acre for freeze protection. The irrigation system must be installed prior to the freeze protecting the proposed acreage. 20. Within 1 year of issuance of the permit, permittee must retrofit the existing irrigation system by either installing a dual sprinkler system which has the capability of icing over the top of the shade cloth or changing to 100 gallon/minute/acre for freeze protection. Upon completion of retrofitting, permittee must submit written notice to the District. 21. Permittee must not contribute to off-site flooding due to meltwater as a result of frost and freeze protection. L 22. Permittee must install a sprinkler system within the natural hammock which is designed to limit the sprinker nozzle output to 120 gallon/minute/acre for freeze protection or a District approved alternative. The irrigation system must be installed prior to the freeze protecting the proposed acreage. 23. Within one year of issuance of the permit, permittee must retrofit the existing irrigation system within the natural hammock by changing the sprinkler spacings and nozzle sizes limiting the sprinker output to 120 gallons/minute/acre for freeze protection or a District approved alternative. Upon completion of retrofitting, permittee must submit written notice to the District. 24. During the construction of the tailwater/retention pond the permittee must install a staff gauge in the pond to measure water levels. A record must be maintained of: (A) Weekly water levels from December 1st to March 31st. (B) Water levels immediately prior to pumping for freeze protection, (C) Water level at the cessation of pumping, (D) The duration of hours during each pumping period, (E) Dates of pumping for freeze protection. The records must be tabulated and submitted to the District on a yearly basis ending June 30 of each year and submitted by July 31 of each year. 25. Permittee must install either one of the following on the proposed fern acreage: (A) A dual sprinkler irrigation system on the proposed fern acreage which has the capability of icing over the top of the shade cloth, (B) A single lower sprinkler system which is designed to limit the sprinkler nozzle output to 100 gallon/minute/acre for freeze protection, (C) Or a District approved alternative. The irrigation system must be installed prior to the freeze protection the proposed acreage. 26. Permittee must follow Soil Conservation Service (SCS) or professional engineer (PE) specifications for the design and utilization of an onsite tailwater/retention pond system for frost and freeze protection on the proposed fern acreage. The permittee must submit to the District, within 6 months of construction of the tailwater/retention pond system, verification from SCS or PE that the system has been built to SCS or PE standards. The tailwater/retention pond system must be built prior to freeze protection the proposed acreage. 27. Within 1 year of issuance of the permit, permittee must retrofit the existing irrigation system by either installing a dual sprinkler system which has the capability of icing over the top of the shade cloth, changing the nozzle sizes on the sprinklers limiting their output to 100 gallons/minute/acre for freeze protection or a District approved alternative. Upon completion of retrofitting, permittee must submit written notice to the District. 28. Within one year of issuance of the permit, the permittee must install a minimum of 2 wind blocks, one on the north side and one on the west side. The windblocks may be either man-made or natural vegetation. 29. Within 60 days of issuance of the permit or installation of the irrigation system, the permittee must delineate all acreage not permitted for freeze protection by color coding the sprinkler standpipes with flourescent red paint or tape which will be maintained throughout the duration of this permit. 30. Any excessive leaks in the pipeline must be repaired within 5 days after the leak is discovered. 31. Within the Duration of this permit, the existing irrigation system must be upgraded to or maintain at, an 80% efficient system based upon the system efficiencies determined by the Soil Conservation Service.