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Home My WebLink About1999 Periwinkle Bridge SJRWMD PermitMay 17, 1999 ��" '< CITY OF SEBASTIAN ^ �41 ATTN: MARTHA CAMPBELL, P.E. �f 1225 MAIN STREET SEBASTIAN, FL 32958 RE: Noticed General Permit 400 -061 -0714G -ERP Section 25, Township 31 South, Range 38 East \�nnorao-lZ� Dear Sir/Madam: The District has received your notice to use a noticed general permit for the EXISTING PERIWINKLE BRIDGE IS LOCATED AT THE PERIWINKLE DRIVE CROSSING OF THE ELKCAM WATERWAY IN THE CITY OF SEBASTIAN. THE CITY PROPOSED TO ENCAPSULATE FAILING SEAWALLS, ASSOCIATED WITH THE BRIDGE, WITH SAND -CEMENT RIP RAP.. Based on the submitted information, the proposed activity qualifies for a Noticed General Environmental Resource Permit pursuant to section 40C-400.443, Florida Administrative Code, so long as it is constructed and operated in accordance with that general permit and the general conditions set forth in section 40C-400.215, Florida Administrative Code (attached). Please be advised that the District has not published a notice in the newspaper advising the public of this proposed project. Publication, using the attached District form, notifies members of the public (third parties) of their rights to challenge the use of the noticed general permit. If proper notice is given by publication, third parties have a 21 day limit on the time they have to file a petition opposing the permit. If you do not publish, a party's rights to challenge the use of the noticed general permit are extended for an indefinite period of time.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 list of newspapers of general circulation is attached for your use. If you do publish a notice, please submit a copy of the published notice to the District for our records. Dan Roach, CHAIRMAN Duane Ottenstroer, TREASURER Oil$ Mason, SECRETARY William Kerr FDWNIOMA SEACH SWR IANO ST.A000STHE MRBOURNE BEACH William M. Segal Oneidas D. Long Clay Albright MAJT D APOPKA EASTIAKEWEIR Jeff K. Jennings MAmWID Reld Hughes DAYTONA BEACH Henry Dsen, B—Mll- Dltm .bhn R. Wehb, Puktent HlsmdWe Direc—tor POST OFFICE BOX 1429 PALATKA, FLORIDA 32178-1429 . TET.EPHONE 0043744500 SUNCOM 904-8664500 FAX (&°Cue) 92&4715 TDDS TOO 904919.450 Ut1COM eEOJ-050 (Legal 3204485 (Parmlltln9) 919.4915 (AdminlMeauFlmMe) 3204WO ; {tq WATEi'� SER=ECENTERe MANyAGEMENT etaesmms9 7TT5 e.ylne.doe. WaY PERMmINQ OPERATIONS: 2133N."dift,n Ro 1 no GIST^'CT OrWde. Fkd& 32001 4071974300 Oft 102 306Eu10dw JedmaM , Fbdde 32258 MW . RdIM 371104 Mlba . FTa1d, 329358109 TDD 47407-6960 940 407-752-3tDD TO4-TOD ��7��6270 Too M�771d368 TDD407.762J102 May 17, 1999 ��" '< CITY OF SEBASTIAN ^ �41 ATTN: MARTHA CAMPBELL, P.E. �f 1225 MAIN STREET SEBASTIAN, FL 32958 RE: Noticed General Permit 400 -061 -0714G -ERP Section 25, Township 31 South, Range 38 East \�nnorao-lZ� Dear Sir/Madam: The District has received your notice to use a noticed general permit for the EXISTING PERIWINKLE BRIDGE IS LOCATED AT THE PERIWINKLE DRIVE CROSSING OF THE ELKCAM WATERWAY IN THE CITY OF SEBASTIAN. THE CITY PROPOSED TO ENCAPSULATE FAILING SEAWALLS, ASSOCIATED WITH THE BRIDGE, WITH SAND -CEMENT RIP RAP.. Based on the submitted information, the proposed activity qualifies for a Noticed General Environmental Resource Permit pursuant to section 40C-400.443, Florida Administrative Code, so long as it is constructed and operated in accordance with that general permit and the general conditions set forth in section 40C-400.215, Florida Administrative Code (attached). Please be advised that the District has not published a notice in the newspaper advising the public of this proposed project. Publication, using the attached District form, notifies members of the public (third parties) of their rights to challenge the use of the noticed general permit. If proper notice is given by publication, third parties have a 21 day limit on the time they have to file a petition opposing the permit. If you do not publish, a party's rights to challenge the use of the noticed general permit are extended 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 list of newspapers of general circulation is attached for your use. If you do publish a notice, please submit a copy of the published notice to the District for our records. Dan Roach, CHAIRMAN Duane Ottenstroer, TREASURER Oil$ Mason, SECRETARY William Kerr FDWNIOMA SEACH SWR IANO ST.A000STHE MRBOURNE BEACH William M. Segal Oneidas D. Long Clay Albright MAJT D APOPKA EASTIAKEWEIR Jeff K. Jennings MAmWID Reld Hughes DAYTONA BEACH r Nen? Oeen, �W- proctor Jahn R Wehle, A99ktant Exo-u&s 17tr9alar POST OFFICE BOX 1429 PALATKA, FLORIDA 321784429 TELEPHONE 9043294500 SUNCOM 904480-4500 TDD 9043284450 TOD SUNCOM 880.44+0 (P9.10in9) 3294315 (AdminlM tOrUnnenw) 9294508 FAX (Ex.UtM) 9204125 (L9pe0 3294485 - SEFMCECENTERs 818E8ae9,svw 77158gmeb W9Y PERMITTING: OPERA � , 303 Fi dM 2193 N. W1dde,n Rab oft pa,Rmlde32e01 b 102 J9WnMM, Fb009322M Me0aen4. FW4. 32904 McDWna. FI010e 320]68109 4074974300 TDD 407-087.5980 80473682/0 407-954940 407.7524100 700407.7824102 =904449-7900 TOD 407-722-8388 RE: CITY OF SEBASTIAN PERMIT NO. 400-061-0714AG-ERP A copy Of your application was transmitted to the U.S. Army Corps of Engineers for review. This authorization to use a noticed general environmental resource permit does not obviate the need for obtaining all necessary permits or approval from other agencies. Sincerely, /2 t .0-0 . Marti DePalma, Permit Data Technician Melbourne Service Center Enclosures: Permit Notice of Rights Dan Roach, CHAIRMAN Duane ottenstroar. TREASURER OU9 Mason, SECRETARY William Ken sxTr�RUNo sr,AUGNSTWE Ma3XA1RNE SEA �^" " Omelri D. Lon Clay Albright DA Hughes Jeff K. Jennings William M. Segal g E/ST LAKE WEIR OAYlDNABEACN MAmuro MurLnND APOPItA NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMIT PERMIT NO. 400 -061 -0714G -ERP DATE ISSUED May 17, 1999 A PERMIT AUTHORIZING: THE EXISTING PERIWINKLE BRIDGE IS LOCATED AT THE PERIWINKLE DRIVE CROSSING OF THE ELKCAM WATERWAY IN THE CITY OF SEBASTIAN. THE CITY PROPOSED TO ENCAPSULATE FAILING SEAWALLS, ASSOCIATED WITH THE BRIDGE, WITH SAND -CEMENT RIP RAP. PROJECT LOCATION: Section 25, Township 31 South, Range 38 East Indian River County ISSUED TO: CITY OF SEBASTIAN ATTN: MARTHA CAMPBELL, P.E. 1225 MAIN STREET SEBASTIAN, FL 32958 The District received your notice to use a Noticed General Environmental Resource Permit pursuant to Chapter 40C-400, F.A.C. on 3/15/99. Based on the forms, design plans, and other documents submitted with your notice, it appears that the project meets the requirements for a Noticed General Environmental Resource Permit. Any activities performed under a Noticed General Environmental Resource Permit are subject to the general conditions as specified in Section 40C-400.215, F.A.C. (attached). Any deviations from these conditions may subject you to enforcement action and possible penalties. Please be advised that the Noticed General Environmental Resource Permit expires five years from the date on which the notice of intent to use a,Noticed General Environmental Resource Permit was received by the District. If you wish to continue this noticed general permit beyond the expiration date, you must notify the District at least 30 days prior to the permit expiration date. A copy of your notice also has been sent to the U.S. Army Corps of Engineers (USACOE) for review. The USACOE may require a separate permit. Failure to obtain this authorization prior to construction could subject you to enforcement action and possible penalties. AUTHORIZED BY: St. Johns River Water Management District Department of Resource Management JLJ L John uil'anna, Director me Service Center CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 400 -061 -0714G -ERP CITY OF SEBASTIAN DATED May 17, 1999 1. The terms, conditions, requirements, limitations, and restrictions set forth in this section are general permit conditions and are binding upon the permittee for all noticed general permits in this chapter. These conditions are enforceable under part IV of chapter 373, F.S. 2. The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit. A violations of. the permits is a violation of part IV of chapter 373, F.S., and may result in suspension or revocation of the permittee's right to conduct such activity under the general permit. The District may also begin legal proceedings seeking penalties or other remedies as provided by law for any violation of these conditions. 3. The general permit does not eliminate the necessity to obtain any required federal, state, local, and special district authorizations prior to the start of any construction, alteration, operation, maintenance, removal or abandonment authorized by this permit. 4. This general 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, nor convey any rights or privileges other than those specified in the general permit and this chapter. 5. This general permit does not relieve the permittee from liability and penalties when the permitted activity causes harm or injury to human health or welfare; animal, plant or aquatic life; or property. It does not allow the permittee to cause pollution in contravention of Florida Statutes and District rules. 6. The permittee is hereby advised that section 253.77, F.S., states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state- owned lands. 7. The authorization to conduct activities pursuant to a general permit may be modified, suspended or revoked in accordance with chapter 120, and section 373.429, F.S. This permit shall not be transferred to a third party except pursuant to section 40C-4.351, F.A.C. The permittee transferring the general permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. 9. Upon reasonable notice to the permittee, District staff with proper identification shall have permission to enter, inspect, sample and test the permitted system to insure conformity with the plans and specifications approved by the permit. 10. The permittee shall maintain any permitted system in accordance with the plans submitted to the District and authorized by this general permit. 11. The permittee's right to conduct a specific noticed activity under this noticed general permit is authorized for a duration of five years. 12. Construction, alteration, operation, maintenance, removal and abandonment approved by this general permit shall be conducted in a manner which does not cause violations of state water quality standards, including any antidegradation provisions of sections 62-4.242(1)(a) and (b), 62-4.242(2) and (3), and 62-302.300, F.A.C., and any special standards for outstanding Florida waters and outstanding National Resource Waters. The permittee shall implement best management practices for erosion, turbidity, and other pollution control to prevent violation of state water quality standards. Temporary erosion control measures such as sodding, mulching, and seeding shall be implemented and shall be maintained on all erodible ground areas prior to and during construction. Permanent erosion control measures such as sodding and planting of wetland species shall be completed within seven days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into wetlands or other surface waters exists due to the permitted activity. Turbidity barriers shall remain in place and shall be maintained in a functional condition at all locations until construction is completed and soils are stabilized and vegetation has been established. Thereafter, the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 13. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the general permit. 14. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. 15. In addition to compliance with the notice provisions of section 40C-400.211, F.A.C., within 90 days following completion of construction, the permittee will notify by letter the appropriate District office of the date construction activities were completed. 16. No dredging of access or work channels are authorized by this general permit. 17. All fill placed in wetlands, other than fill on which a bridge or approach described in paragraph (1)(a) is constructed, shall be regraded to the original wetland elevations and these filled wetland areas revegetated with native wetland species endemic to adjoining, undisturbed wetlands, within seven days of completion of construction. Within "clear zones", as described in Chapter 3, Roadside Design Manual by American Association of State highway and Transportation Officials dated October 1988, hereby incorporated by reference, revegetation shall be with herbaceous species endemic to adjoining, undisturbed wetlands. These replanted wetland areas shall be maintained, and planted as necessary, to ensure that satisfactory revegetation occurs. For the purposes of this general permit, "satisfactory revegetation" means that the herbaceous wetlands, and forested wetlands within clear zones, that are disturbed by fill shall have achieved not less than 33 percent cover of planted or naturally reestablished herbaceous wetland species within 18 months of completion of construction, and forested wetlands, other than forested wetlands in clear zones, that are disturbed by fill shall achieve a survival rate of not less than 400 wetland trees per acre within 18 months of completion of construction. A maintenance plan must be developed and implemented to ensure the survival of the planted or naturally reestablishing wetland species. Within the revegetated wetland areas, non- native vegetation must be controlled such that it does not constitute more than 10 percent of the areal cover in any stratum at any time for the five year period following the initial planting or restoration of the site. 18. Hydraulic openings of bridges constructed under paragraph (1)(a) above shall be sufficient to prevent downstream scour, increased downstream water velocities, and increased backwater elevations. 19. Minimum horizontal and vertical navigational clearances on bridges over navigable waters of the United States shall be established in accordance with procedures outlined in the U.S. Coast Guard Bridge Administration Manual, COMDTINST M16590.5, May 7, 1982. 20. Horizontal and vertical clearances for replacement bridge structures shall meet or exceed those of the bridge being replaced. 21. Temporary erosion controls for all exposed soils within wetlands and other surface waters shall be completed within seven calendar days of the most recent construction activity. 22. The fill areas and the banks of the water body shall be stabilized with vegetation or riprap within seven days following completion of slope construction. This stabilization is considered a construction priority and completed fill slopes in wetlands and'other surface waters shall not remain unstabilized while other construction continues. 23. This general permit does not authorize the use of dredged material for roadway construction. 24. The permittee shall use erosion and sediment control best management practices, including turbidity curtains or similar devices, in strict adherence to these practices as described in Chapter 6, The Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation, 1988), hereby incorporated by reference, to prevent violations of state water quality standards. 25. This general permit authoriz replacement or modification specific crossing of a wetla connecting road expansion or replacement or modification general or individual permit 40C-42, or 40C-400, F.A.C., of construction. es dredging and filling for the of a bridge and approaches for a nd or other surface water. Any alteration associated with such must be authorized by a separate under chapter 40C-4, 40C-40, as applicable, before the start