HomeMy WebLinkAbout2010 - Sebastian Airport Master PlanST. JOHNS RIVER WATER MANAGEMENT DISTRICT
ERP GENERAL CONSENT ORDER NUMBER 954417
IN RE: Sebastian Airport Stormwater Master Plan
City of Sebastian
Permit No. 4- 061 68172 -5 and 40- 061 68172 -14
Consent Order No. 954417
F.O.R. 2008 -02
This ERP General Consent Order is entered into by the "City of Sebastian"
"Respondent and the St. Johns River Water Management District "District to settle
certain issues between them under Chapter 373, Florida Statutes (F.S.), and Chapters
40C -4, 40C -40, 40C -42 or 40C -400, Florida Administrative Code (F.A.C).
1. The St. Johns River Water Management District is a special taxing district
established by Chapter 373, F.S., and charged with the duty to administer and enforce
Chapter 373, F.S.; and the rules promulgated thereunder, including Chapters 40C -4,
40C -40, 40C -42, and 40C -400, F.A.C.
2. Respondent owns or controls real property located in Sections 28 and 29,
Township 31 south, Range 38 east, Indian River County, Florida (the "Subject
Property The Subject Property is depicted on the aerial attached hereto and
incorporated herein as Exhibit A.
3. Between 2000 and 2004, a 327 foot -long and 5- foot -wide ditch in a wetland as
well as a 2.4 -acre golf course hole #14 with a pond in the uplands were constructed on
the Subject Property. In 2007, a 3,800- square -foot maintenance building in the uplands
was constructed on the Subject Property. In 2008, two wetland areas were filled. In
summary, fill in wetlands totaled 0.78 -acres and excavation in wetlands totaled 0.04
acres. The City contends the work described herein was undertaken in response to
Federal Aviation Administration and Transportation Security Administration directives as
well as a result of contractor error. Construction of and /or alterations to the permitted
surface water management system within the Subject Property required an
Environmental Resource Permit "ERP pursuant to 40C- 4.041(1), F.A.C. Construction
in wetlands required an ERP pursuant to 40C- 4.041(2)(b)8, F.A.C. Undertaking the
activities described herein without the requisite ERP is a violation of District rules.
4. After the -fact permit number 40- 061 68172 -14 was subsequently issued for the
maintenance building on June 4, 2009. After -the fact permit number 40- 061 68172 -13
was subsequently issued for the golf course hole #14 on September 28, 2010. The
northwest wetland was determined on August 18, 2010 to be sufficiently restored despite
several inches of fill as it had re- vegetated with native wetland plants and had
appropriate indicators of wetland hydrology.
5. The District has jurisdiction over this matter, Respondent and the Subject
Property. Sections 373.069(2)(c), 373.413, and 373.416, F.S.
6. The District is authorized under Section 373.129, F.S., to seek injunctive relief
and /or a civil penalty not to exceed ten thousand dollars ($10,000.00), c.- 9 1 E per
IN Rio
5,J aorO la
PALM UAY
OCT 1 4 2010
REGULATORY
INFORMATION mar
day, for violations of Chapter 373, F.S., and Chapters 40C -4, 40C -40, 40C -42, or 40C-
400, F.A.C.
7. Respondent does not admit responsibility for the violations identified in the
Consent Order and enters into this Consent Order solely for the purpose of resolving this
compliance matter.
8. In lieu of a penalty of Five Thousand Two Hundred Seventy Nine and 00/100
Dollars ($5,279.00) because of the violations of chapter 373 of the Florida Statutes and
rule chapter 40C -4 of the Florida Administrative Code, and investigative costs and
attorney's fees incurred by the District in resolving this matter in the amount of Two
Thousand Thirty Six and 38/100 Dollars ($2,436.38), Respondent agrees to complete
the pepper removal depicted in Exhibit D within 180 days of rendition of this Consent
Order.
9. Respondent agrees to complete the following corrective actions:
(a) Within 180 days of rendition of this Consent Order, Respondent shall
remove fill from the Southwest wetland as depicted in Exhibit B. Exhibit B shows the
aerially interpreted wetland line within the airport fence line in red. The fill must be removed
from the area outlined in yellow and the wetland grade re- established. The Respondent
shall notify the District within 7 days of completion of regrading for an inspection. The
Southwest wetland shall be allowed to naturally re- vegetate. If the impacted portion of the
Southwest wetland is not vegetated with 50 percent desirable wetland species by March 1,
2012, Respondent shall submit a planting plan and shall plant the Southwest wetland within
30 days of receiving District approval of the planting plan. Desirable wetland species are
defined as those included in the list of "Facultative Wet plants" or "Obligate plants as
defined in section 62- 340.200, Florida Administrative Code, except those species found in
the Florida Exotic Pest Plant Council's 2009 List of Invasive Species.
(b) Within 180 days of rendition of this Consent Order, Respondent shall
remove the fill in the wetland associated with the ditch construction at Hole 14, as depicted
in Exhibit C. Fill from the spoil banks must be used to fill in the ditch footprint that was
excavated in the wetland area. The spoil bank area must be brought to the grade of the
adjacent wetland. The entire ditch footprint shall be filled with the spoil bank material, with
at least the 20 feet adjacent to the pond filled to the grade of the adjacent wetland. The
ditch and regraded spoil bank footprint shall be allowed to naturally re- vegetate.
(c) Within 180 days of rendition of this Consent Order, Respondent agrees to
complete the restorative actions outlined in the letter from the Respondent received by the
District on July 8, 2010 and depicted in Exhibit D. Respondent agrees to provide the
District with written notification of commencement of this restoration work at least 48 hours
in advance. Within 7 days of completion of the restoration, Respondent shall notify the
District in writing of the completion and request a site visit.
(d) Maintain the restored Hole 14 wetland, the Southwest wetland, and
pepper removal areas on a quarterly basis throughout the monitoring period so that the
aerial coverage of nuisance species as defined in the Florida Exotic Pest Plant Council's
2009 List of Invasive Species (including, but not limited to: Brazilian pepper, melaleuca,
cattail, primrose willow, etc.) is not greater than 5 Conduct regular nuisance and
exotic species management, through manual removal or targeted application of District-
approved herbicides, within the restored Hole 14 wetland area, SW wetland, and pepper
removal areas, as needed to achieve success criteria.
(e) Monitor the restored Hole 14 wetland, the Southwest wetland, and pepper
removal areas on an annual basis, and submit a wetland monitoring report annually on
August 31 of each year through August of 2014. The first annual report is due on August
31, 2011. The annual monitoring reports shall be in conformance with District form EN-
55. The reports shall also include photo documentation of the restored areas.
(f) Successful establishment of the restored Hole 14 wetland and Southwest
wetland areas will have occurred when:
At least 90 percent cover by appropriate wetland
species has been obtained; and
ii. The restored wetland areas exhibit Tess than 5%
coverage by nuisance and exotic species as defined in the Florida Exotic Pest Plant
Council's 2009 List of Invasive Species; and
The above success criteria have been achieved by the
end of a 3 -year period following initial planting.
(g) Successful establishment of the restored pepper removal areas will have
occurred when:
At least 90 percent cover by appropriate wetland
and /or upland species has been obtained; and
ii. The restored pepper areas exhibit less than 5%
coverage by nuisance and exotic species as defined in the Florida Exotic Pest Plant
Council's 2009 List of Invasive Species; and
The above success criteria have been achieved by the
end of a 3 -year period following pepper removal.
(h) If District staff determines that natural re- vegetation of the restored Hole
14 wetland area or the Southwest wetland has not met success, Respondent shall
submit a remediation plan to the District for review and approval no later than 30 days
following notification by the District. Within 30 days of the District's approval of the
remediation plan, Respondent shall begin implementation of the plan. The monitoring
and success criteria as stated above or as modified by the remediation plan shall be
achieved.
10. If any event occurs which causes delay or the reasonable likelihood of delay,
in complying with the requirements of this Consent Order, Respondent shall have
the burden of providing notice to District. Upon occurrence of an event causing
delay, Respondent shall notify the District orally by the next working day and
shall, within seven calendar days, notify the District in writing of the anticipated
length and cause of the delay, the measures taken or to be taken to prevent or
minimize the delay a d the timetable by which Respondent intends to implement
these measures. If th parties can agree that the delay or anticipated delay has
been or will be cau ed by circumstances beyond the reasonable control of
Respondent, then th time for performance hereunder shall be extended for a
period of mutual a reement. Such agreement shall adopt all reasonable
measures necessary to avoid or minimize delay.
11. Respondent shall not undertake any further construction on the Subject Property
except as authorized by District permit and this Consent Order.
12. Respondent 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, 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).
13. The complete and timely performance of the obligation set forth herein shall be
dispositive of the violations(s).
14. The District waives its rights to seek judicial imposition of civil or criminal
penalties. The Respondent waives its rights, including its defenses, under section
120.69, F.S., to judicial review or an administrative hearing on the terms of this Order.
Approved as to form by Office of General Counsel
(for corrective actions only)
Da Attorney
/0 'Irr(O
Date
AL 1\ui t4Cit.
(Printed Name)
Al Minner, Manager
City of Sebastian
St. ohns
Director
r Water Management District
,,d
Rendered thiso9 day
of O2kb tau 2010
Sandy �Irtram
'CS T gL 6 District Clerk
District Staff
J car�i�P 1! J r f l,-
(Printed Name)
St. Johns River Water
Management District
TO:
RE:
DATE:
HOME OF PELICAN ISLAND
SEBASTIAN MUNICIPAL AIRPORT
202 AIRPORT DRIVE EAST SEBASTIAN, FL 32958
PHONE 772 228 -7013 FAX 772- 228 -7078
jgriffin a,cityofsebastian.org www.sebastianairport.org
MEMORANDUM
Jennifer Cope; SJRWMD
Sebastian Airport Vegetation Removal Work Order
July 8, 2010
1
if:i at IN
imixiakt
SCANNED
JUL 08 2010
s
REGULATORY
INFORMATION MGT
COMPLIANCE
Referencing SJRWMD Permit 4- 061- 68172 -5; item 938586; the Sebastian Airport
submits the following for Voluntary Compliance and Resolution for Alleged
Violations Only.
Airport Staff will engage in the removal of invasive Brazilian Pepper, Australian
Pines, and Meleluca upon the approval of this proposal by SJRWMD staff,
SJRWMD Board of Governors, and the Sebastian City Council. The areas
proposed are overgrown and very thick, therefore the below calculations reflect
the removal and stabilization rate at .052 to .1 acre per hour, depending on
location. The aforementioned rate is a conservative estimate. Most areas of
pepper are incredibly thick and there is no historical cost evidence for airport staff
to accurately estimate. However, airport/city staff understands, and appreciate, the
positive working relationship with the District and will assume the costs even if
they prove to be much higher.
Three (3) City employees will be required for removal and stabilization. The
charge for personnel reflects the city's pay rate for the individuals involved. The
equipment charge reflects the FEMA equipment rate.
The proposed methodology for removal will be as follows:
1. Mechanical equipment will be the primary means of invasive removal.
For example regarding pepper removal, city /airport workers will utilize
a Front -End Loader equipped with a "Grapple- Rake." This will enable
Improvement
Unit Cost
Quantity
Funding
Total
Pepper, Pine and
Meleluca
Removal
$156 66.2 hrs
3 Pers. 3 equip.
3.44 ac
City
$10,319.99
Hauling debris,
set debris field,
burn
$96 56 hrs
2 Pers. 1 equip.
Est. 35 tons
City
$2,352
Restoration and
Stabilization
Hay $.02 sqft
75794 sqft
City
$1,515.88
The airport has already been engaged in fence /gate construction that will facilitate
the hauling of debris to the burn site, especially from the golf course. The costs
associated with gate additions are absorbed by the airport, and are not reflected in
the table below of costs, etc. In addition, airport staff, in coordination with golf
course staff, will reconstruct golf course removal sites into an environment of
natural plantings as part of an on -going maintenance and monitor program.
Upon approval of an agreement between SJRWMD and the City /Airport, airport
and city staff will begin working on a separate SJRWMD permit to mitigate the
.70 ac. of alleged wetland intrusion in two (2) separate areas. In addition, upon
approval of an agreement/order with the District, the "327- foot long" ditch
adjacent to golf course hole #14 will be filled and graded. The Airport/City
understands that the `ditch' fill reconstruction operates outside any financial
proposal proffered by the Airport /City.
Airport Staff understands that time is of the essence regarding this issue and will
make every effort to complete all work relating to this issue within four (4)
months. In addition, the City /Airport understands that SJRWMD staff costs
relating to this matter are a separate item.
Total
the equipment operator to `grab' the pepper tree and pull upwards,
thereby extricating the roots.
2. The extraction area will be graded to a smooth grade, and straw used to
ensure stabilization.
3. The debris will be transported to an on- airport spoils area for eventual
burning.
4. Australian pine and Meleluca removal will be cut first. Mechanical
equipment will then be utilized to remove roots and grade to smooth.
Straw will be used for stabilization except in the Meleluca area which is
wetland. That area will be allowed to revegetate by natural recruitment.
Proiect Cost Matrix
2
$14,187.87
Improvement
Unit Cost
Quantity
Funding
Total
Pest &Weed
$460
1
City
$460
Professional
Grounds
Services
$775 (est)
1
City
$775
Garton 4 +Stalker
$220
9.5 gal
City
$2,090
Total
The city /airport is prepared to move immediately pending SJRWMD approval of the above
proposal. After receiving SJRWMD BOG approval, the airport will move immediately for
Sebastian City Council approval.
Joseph Griffin
Airport Director
Annual Maintenance Costs
3
$3,325
1 Exhibit A: Subject Property
SCANNED
DATE �d���r
EXHIBIT A: Subject Property
2 Exhibit B SW Wetland Restoration Area
SCANNED
DATE
Remove fill, regrade to wetland elevation, and allow to revegetate
Black lines show distance to fence
Natural revegetation has occurred
3 Exhibit C: Hole 14 Wetland Restoration Area
SCANNED
DATE
EXHIBIT C Hole 14 Wetland Restoration Area
4 Exhibit D: Exotic Nuisance Species Removal Plan
SCANNED
TO:
RE:
DATE:
CT/OF
HOME OF PELICAN. ISLAND
SEBASTIAN MUNICIPAL AIRPORT
202 AIRPORT DRIVE EAST SEBASTIAN, FL 32958
PHONE 772 228 -7013 FAX 772- 228 -7078
jeriffin @cityofsebastian.org www.sebastianairport.org
MEMORANDUM
Jennifer Cope; SJRWMD
Sebastian Airport Vegetation Removal Work Order
July 8, 2010
AgdgiiigaiN
PAUMV
JUL 0 8 2010
REGULATORY
INFORMATION MGT
COMPLIANCE
Referencing SJRWMD Permit 4- 061 68172 -5; item 938586; the Sebastian Airport
submits the following for Voluntary Compliance and Resolution for Alleged
Violations Only.
Airport Staff will engage in the removal of invasive Brazilian Pepper, Australian
Pines, and Meleluca upon the approval of this proposal by SJRWMD staff,
SJRWMD Board of Governors, and the Sebastian City Council. The areas
proposed are overgrown and very thick, therefore the below calculations reflect
the removal and stabilization rate at .052 to .1 acre per hour, depending on
location. The aforementioned rate is a conservative estimate. Most areas of
pepper are incredibly thick and there is no historical cost evidence for airport staff
to accurately estimate. However, airport/city staff understands, and appreciate, the
positive working relationship with the District and will assume the costs even if
they prove to be much higher.
Three (3) City employees will be required for removal and stabilization. The
charge for personnel reflects the city's pay rate for the individuals involved. The
equipment charge reflects the FEMA equipment rate.
The proposed methodology for removal will be as follows:
1. Mechanical equipment will be the primary means of invasive removal.
For example regarding pepper removal, city/airport workers will utilize
a Front -End Loader equipped with a "Grapple- Rake." This will enable
Improvement
Unit Cost
Quantity
Funding
Total
Pepper, Pine and
Meleluca
Removal
$156 66.2 hrs
3 Pers. 3 equip.
3.44 ac
City
$10,319.99
Hauling debris,
set debris field,
burn
$96 56 hrs
2 Pers. 1 equip.
Est. 35 tons
City
$2,352
Restoration and
Stabilization
Hay $.02 sqft
75794 sqft
City
$1,515.88
The airport has already been engaged in fence /gate construction that will facilitate
the hauling of debris to the burn site, especially from the golf course. The costs
associated with gate additions are absorbed by the airport, and are not reflected in
the table below of costs, etc. In addition, airport staff, in coordination with golf
course staff, will reconstruct golf course removal sites into an environment of
natural plantings as part of an on -going maintenance and monitor program.
Upon approval of an agreement between SJRWMD and the City /Airport, airport
and city staff will begin working on a separate SJRWMD permit to mitigate the
.70 ac. of alleged wetland intrusion in two (2) separate areas. In addition, upon
approval of an agreement/order with the District, the "327- foot long" ditch
adjacent to golf course hole #14 will be filled and graded. The Airport/City
understands that the `ditch' fill reconstruction operates outside any financial
proposal proffered by the Airport/City.
Airport Staff understands that time is of the essence regarding this issue and will
make every effort to complete all work relating to this issue within four (4)
months. In addition, the City /Airport understands that SJRWMD staff costs
relating to this matter are a separate item.
Total
the equipment operator to `grab' the pepper tree and pull upwards,
thereby extricating the roots.
2. The extraction area will be graded to a smooth grade, and straw used to
ensure stabilization.
3. The debris will be transported to an on- airport spoils area for eventual
burning.
4. Australian pine and Meleluca removal will be cut first. Mechanical
equipment will then be utilized to remove roots and grade to smooth.
Straw will be used for stabilization except in the Meleluca area which is
wetland. That area will be allowed to revegetate by natural recruitment.
Proiect Cost Matrix
2
$14,187.87
Improvement
Unit Cost
Quantity
Funding
Total
Pest &Weed
$460
1
City
$460
Professional
Grounds
Services
$775 (est)
1
City
$775
Garlon 4 +Stalker
$220
9.5 gal
City
$2,090
Total
Joseph Griffin
Airport Director
Annual Maintenance Costs
The city/airport is prepared to move immediately pending SJRWMD approval of the above
proposal. After receiving SJRWMD BOG approval, the airport will move immediately for
Sebastian City Council approval.
3
53,325
FIECEIVEDIM
PALM BAY
OCT 1 4 2.010
REGULATORY
INFORMATION MGT
October 25, 2010
Dear Mr. Minner:
KCC /kIc
/Enclosure
Sebastian Municipal Airport
ATTN: Al Minner, Manager
202 Airport Drive East
Sebastian, Fl 32958
cc: Janice Unger
RIM LDC -GCO Palatka and Palm Bay
W. Leonard Wood, CHAIRMAN
FERNANDINA BEACH
Douglas C. Bournique
VERO BEACH
St. Johns River
Water Management District
Kirby B. Green III, Director David W. Fisk, Assistant Executive Director
4049 Reid Street P.O. Box 1429 Palatka, FL 32178 -1429 (386) 329 -4500
On the Internet at floridaswater.com.
RE: Sebastian Airport Stormwater Master Plan; FOR #2008 -02;
ERP General Consent Order No. 954417
Enclosed is one of the original Consent Orders fully executed that you submitted
to the District. If you have any questions or concerns regarding the other corrective
actions associated with this Consent Order, please do not hesitate to contact me at
(386) 329 -4288. Thank you for your cooperation in this matter.
Sincerely,
GOVERNING BOARD
Hans G. Tanzler 111, VICE CHAIRMAN Maryam H. Ghyabi, TREASURER
JACKSONVILLE ORMOND BEACH
Karen C. Ferguson
Assistant General Counsel
Office of General Counsel
Michael Ertel Richard G. Hamann Arlen N. Jumper
OVIEDO GAINESVILLE FORT McCOY
John A. Miklos, SECRETARY
ORLANDO