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HomeMy WebLinkAbout2008-260BDIVISION 1 GENERAL REQUIREMENTS TITLE SUMMARY OF WORK SPECIAL PROVISIONS FORCE ACCOUNT FIELD ENGINEERING AND LAYOUT REFERENCE STANDARDS GENERAL QUALITY CONTROL PROGRESS MEETINGS CONSTRUCTION SCHEDULES SUBMITTAL OF SHOP DRAWINGS, PRODUCT DATA AND SAMPLES CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PROTECTION OF THE WORK AND PROPERTY ACCESS ROADS, PARKINGS AREAS AND USE OF PUBLIC STREETS TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT STORAGE OF MATERIAL AND EQUIPMENT SUBSTITUTIONS SITE CLEANUP AND RESTORATION RECORD DOCUMENTS POST FINAL INSPECTION SECTION NO. 01009 01009 01024 01050 01091 01215 01220 01310 01340 01520 01541 01550 01610 01611 01630 01710 01720 01820 F:\Engineering\Petition Paving\05221 st Rd. from 32nd Ave. to 35th Ave\Bid Documents\DIVISION 1 GENERAL REQUIREMENTS.doc a St. j9hns Kiver Nater Mmiagement District Kirby B. Green III, Executive Director • David W. Fisk, Assistant Executive Director 4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • (386) 3294500 On the Internet at www.sjrwmd.com. July 5, 2007 Board of County Commissioners 1 ,. JUL 2907 1840 25th Street; Vero Beach FL 32960 i trw�rf SUBJECT: Noticed General Permit 400-061-110368-1 Dear Sir/Madam: The District has received your.notice to use a noticed general permit. Based on the submitted information, the proposed activity qualifies for a.Noticed General Environmental Resource Permit pursuant to section 62-341.448, 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 40C400.215, Florida Administrative Code (attached). 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 21 -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 If you do not publish, a party's right to challenge the issuance of the general permit extends for an indefinite period of time.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. If you do publish a notice, please submit a copy of the published notice to the District for our records. 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, ,o Gloria Lewis, Director Permit Data Services Division Enclosures: Notice of Rights List of Newspapers for Publication cc: District Permit File GOVERNING BOARD JU /NO/AN " 9 200, 7ISj 0tv David G. Graham, CHAIRMAN John G. Sowinski, VICE CHAIRMAN Ann T Moore, SECRETARY Duane L. Ottenstroer, TREASURER JACKSONVILLE ORLANDO BUNNELL JACKSONVIU.E R. Clay Albright Susan N. Hughes William W. Kerr Ometrias D. Long W. Leonard Wood OCALA POKE VEDRA MELBOURNE BEACH APOPKA FERNANDINA BEACH Agent: Indian River County 1840 25th ST Vero Beach, FL 32960 Consultant: Indian River County 1840 25th ST Vero Beach, FL 32960 ST. JOHNS RIVER WATER MANAGEMENT DISTRICT NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMIT PERMIT N0.400-061-110368-1 DATE ISSUED% July 5, 2007 PROJECT NAME: 10th Court SW from Oslo Road to 7th Street SW A PERMIT AUTHORIZING: << Paving of an existing county dirt road, a 3.03 acre project located in Indian River County. >> LOCATION: Section(s): 24 Indian River County Board of County Commissioners 1840 25th Street Vero Beach, FL 32960 Township(s): 33S Range(s): 39E The District received your notice to use a Noticed General Environmental Resource Permit pursuant to Chapter 40C400, F.A.C. on March 19, 2007. 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 40C400.215, 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 5 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 By: (Service Center I?j motor. Pal John Juilianna ` "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 400-061A10368=1 BOARD OF COUNTY COMMISSIONERS DATED JULY 59 2007 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 violation of the permit 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 Department also may begin legal proceedings seeking penalties or other remedies as provided by law for any violation of these conditions 3. This 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, or convey any rights or privileges other than those specified in the general permit as provided by Chapter 62-330, F.A.C. 5. The 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 incontravention of Florida Statutes and Department 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. 8. This permit shall not be transferred to a third party except pursuant to Rule 62-343.130,. 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 Department and authorized in this general permit. 11. A permitee'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 paragraphs 62- 4.242(1)(a) and (b), subsections 62-4.242(2) and (3), and Rule 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 and 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 mayarise 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. Roadside swales, establishment of permanent vegetative cover, or other effective means of stormwater management within the right-of-way must be incorporated into the project, and must be designed, constructed, operated and maintained to prevent increases in pollution loading or changes in the point of discharge that can cause adverse impacts to receiving waters or offsite property. 16. No debris from the removal of existing roadway, bridge, culvert, and other surface water management features shall be placed within wetlands or other surface waters. 17. Creosote must not be a component of any pilings, pile jackets, headwalls, bulkheads, or other structural components used in roadway, bridge, culvert, or other surface water management structures. 18. Any bridge or culvert must not cross a stream or other watercourse having a drainage area upstream of the work of more than ten (10) square miles. 19. Bridges and other water conveyance features must be designed, constructed, operated, and maintained to convey normal flows and overtopping during a 25 -year, 24-hour storm event. 20. Best management practices for erosion and sediment control must be used to prevent water quality violations during and after construction. These shall include a construction -phase water management and erosion control plan that is designed and implemented to include site-specific measures adapted from practices and procedures described in the following publications that are adopted herein and incorporated by reference: a. The guidelines set forth in Chapter 6 of The Florida Development Manual: A Guide to Sound Land and Water Management, Vol. II, Florida Department of Environmental kegulation, June 1988; and b. The provisions set forth in The Florida Stormwater, Erosion, and Sediment Control Inspector's Manual, Florida Department of Environmental Protection and Florida Department of Transportation, Fifth Impression, June 2005. 21. Temporary or permanent vegetative cover must be established on both sides of the pavement within the road right-of-way and along water conveyances as soon as practicable, but in no case more than seven (7) days after construction activities have ceased- in portions of the site where construction activities have temporarily or permanently ceased. 22. Activities conducted and authorized by this permit must be operated and maintained by the county or municipality for the life of the system. 23. This general permit does not constitute a Works of the District permit from a water management district, nor obviate the need for obtaining such. a permit where required by a water management district. 24. Applicants are advised that drawings, any submitted construction plans, and supporting calculations must be signed, sealed, and dated by an appropriate registered professional in accordance with Sections 373.117 and 403.0877, F.S., and Chapters 471, 4729 481, or 492, F.S., when the design of the system requires the services of such registered professional. For purposes.of this rule, an "appropriate registered professional" means a professional registered in Florida with the necessary expertise in the fields of hydrology, drainage, flood control, erosion and sediment control, and stormwater pollution control to design and certify stormwater management systems. Examples of appropriate registered professionals are professional engineers licensed under Chapter 471, F.S., professional landscape architects licensed under Chapter 481, F.S., professional surveyors and mappers licensed under Chapter 472, F.S., and professional geologists licensed under Chapter 492, F.S. 25. The performance of routine custodial maintenance of structures and activities within the roadway alignment, such as replacement of culverts in kind to their former size, grade, and elevation, and the performance of activities qualifying for an exemption under Part IV of Chapter 373 or Section 403.813(2), F.S., such as maintenance of ditches and swales to prior design specifications in accordance with Section 403.813(2)(g) or 0), F.S., or under other general permits adopted under Part IV of Chapter 373, F.S., may be conducted to prepare the roadway for paving in advance of using this general permit, and any dredge and fill volumes associated with such work shall not be included within the limits established in paragraph (2)(f) of this general permit. Notice Of Rights 1. A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P. O. -Box 1429, Palatka Florida 32178-1429 (4049 Reid St., Palatka, FL 32177) or by a -mail with the District Clerk at Clerk a()sirwmd.com, within twenty-six (26) days of the District depositing notice of District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21) days of the District emailing notice of District decision (for those persons to whom the District emails actual notice), or within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 2&106, Florida Administrative Code, The District will not accept a petition sent by facsimile (fax), as explained in paragraph no. 5 below. Mediation pursuant to Section 120.573, Florida Statutes, is not available. 2. If the Governing Board takes action that substantially differs from the notice of District decision, a person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the District, but this request for administrative hearing shall only address the substantial deviation. Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) at the office of the District Clerk at the mail/street address or email address described in paragraph no. 1 above, within twenty-six (26) days of the District depositing notice of final District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21) days of the District emailing the notice of final District decision (for those persons to whom the District emaiis actual notice), or within twenty-one (21) days of newspaper publication of the notice of final District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. Mediation pursuant to Section 120.573, Florida Statutes, is not available. 3. A person whose substantial interests are or may be affected 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 regarding an issue of material fact. A petition for formal hearing must also comply with the requirements set forth in Rule 28=106.201, Florida Administrative Code, 4. A person whose substantial interests are or may be affected has the right to an informal administrative 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 also comply with the requirements set forth in Rule 2&106.301, Florida Administrative Code. Notice Of Rights 5. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida. Petitions received by the District Clerk after 5:00 p.m., or on a Saturday, Sunday, or legal holiday, shall be deemed filed as of 8:00 a.m. on the next regular District business day. The District's acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at www.sirwmd.com. These conditions include, but are not limited to, the petition being in the form of a PDF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile is prohibited and shall not constitute filing. 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. (Rule 28-106.111, Florida Administrative Code), 7. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C-1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. A person whose substantial interests are or may be affected by the District's final action has the right to become a party to the proceeding, in accordance with the requirements set forth above. 8. A person 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 their property, has the right to, within 30 days of receipt of the notice of District decision regarding a permit application, apply for a special magistrate 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, P. O. Box 1429, Palatka, FL 32178-1429 (4049 Reid St., Palatka, FL 32177). A request for relief must contain the information listed in Subsection .70.51(6), Florida Statutes. Requests for relief received by the District Clerk after 5:00 p.m., or on a Saturday, Sunday, or legal holiday, shall be deemed filed as of 8:00 a.m. on the next regular District business day. 9. A timely filed request for relief under Section 70.51, Florida Statutes, tolls the time to request an administrative hearing under paragraph nos. 1 or 2 above. (Paragraph 70.51(10)(b), Florida Statutes). However, the filing of a request for an administrative hearing under paragraph nos. 1 or 2 above waives the right to a special magistrate 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 magistrate proceeding. (Subsection 70.51(3), Florida Statutes). Notice Of Rights 11. Any person whose substantial interests are or may be affected 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 rendering of the final District action, (Section 373.617, Florida Statutes). 12. Pursuant to Section 120.68, Florida Statutes, a party to the proceeding before the District 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 Rules 9.110 and 9.190, 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 Florida Department of Environmental Protection and any person named in the order within 20 days of the rendering of the District order. 14. A District action is considered rendered, as referred to in paragraph nos. 11, 12, and 13 above, after it is signed on behalf of the District, and is filed by the District Clerk. 15. Failure to observe the relevant time frames for filing a petition for judicial review as described in paragraph nos. 11 and 12 above, or for Commission review as described in paragraph no. 13 above, will result in waiver of that right to review.. Notice Of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent by U.S. Mail to: Board of County Commissioners 1840 25th Street Vero Beach, FL 32960 At 4:00 p.m. this 5th day of July, 2007. - Division of Permit Data Services Gloria Lewis, Director St. Johns River Water Management District Post Office Box 1429 Palatka, FL 32178-1429 (386) 3294152 Permit Number: 400-061-110368=1 INDIAN RIVER FARMS WATER CONTROL 4400 20th Street Vero Beach, Florida 32960 (772)562-2141 Date: 1/24/08 QDP I- '�V ru 0 APP, 2 8 2008 INDIAN pti''UEl`-1 COUNTY ENGENEErR I asa. [.)'VISION A. Applicant Information: Name: Indian River County Address: 1801 27th Stred Vero Beach. Florida 32960 Authorized Agent and Title: Michael J. Mezzina, Wlect Dasicner Telephone Number: (772) 226-1281 No. 68 -b B: Proposed Connection or Use: (check appropriate box or boxes) NON-REFUNDABLE ® Culvert connection to District canal for irrigation or drainage $100.00 ❑ Pump connection to District canal for irrigation or drainage $300.00 ❑ Culvert and/or control structure in District canal for crossing and/or water storage $200.00 ❑ Other (specify) $100.00 C. Location: Tract 15 , Section 15 , Township 33 , Range �4 Canal No. Conch Other appropriate description: Property I.D. Parcel No.: Attach drawing to show. details (include acreage to be served). D. Details of proposed Construction: (Give diameter and length of culvert; diameter and rated capacity of pump; height and width of riser or other details on water control structure.) Paving & DrainaW }.A 1st Road frim 35th Avenue to 32nd Avenue in Vero Beach Hmmites S/D Irprovemmts E. Special Conditions: (for District use only) �S EE /+iTA c f LD L / S7" ©lc' %5R45CI4 L �f0N0 4;r7O+3 F. Estimated Date of Construction Commencement: June 200B Estimated Date of Construction Completion: atm►" 2008 G. As the Applicant for permit, I do understand and agree that: Signed: 1. The use of, or construction within, the right-of-way of the Indian River Farms Water Control District will be in accordance with the details of the approved sketch and/or permit conditions shown hereon, supporting this application; and if any changes are required, same will be cleared with the District. (Continued on Reverse hereof) t�YYai�aun Application approved by: Application approved by: Date 1 ZZ. 4 o S — —(FgrDygtrictVseOnly)----------------- Date of approval: w;4- z7-�4> 8 Expiration Date of this approved application: 2-Z~ O `Y Control District Carter Associates, Inc., Engineei f& District PERMISSION, WHEN GRANTED, WILL BE SUBJECT TO THE STANDARD PROVISOS. SET FORTH ON THE REVERSE HEREOF. G. (continued) 2. I accept full responsibility for any erosion to or shoalingin the District's canal or levee due to my work and I shall remove or repair same promptly.arid at no expense to the District; and I will prevent the discharge of any. hyacinths or aquatic growth into the District's canal through my connection. 3.. I will neither plant;treeg or shrubs or erect any structure that will prohibit or limit the existing access of District equipment or vehicles without securing proper authorization thereof. 4. It is further understood and agreed that any other requirements of the District are binding upon me, the application, and I do hereby indicate acceptance of this notice thereof. 5. It is further understood and agreed that the lands to be benefited by this request are, or may be, subject to flooding during periods of high water due to heavy rains or other acts of God, and that the permit will be accepted subject to this possibility which is recognized not to be within the control of the District. STANDARD PROVISOS 1. Permittee assumes full responsibility for any construction, -operation or maintenance of District property or right-of-way subject to this Permit and shall save and hold harmless District from any expensg,.loss, damage or claim in regard thereto, and the District assumes and shall have no liability .in connection therewith. 2. This Permit may not be assigned or subletted to a third party and any transfer of Permittees property abut- ting District's property or right-of-way shall ipsofacto and without move, cancel, nullify and revoke this Permit. 3. This Permit is subject always to the paramount right of the District to keep and maintain its drainage district. functions and operations, and is subject. to revocation and cancellation upon thirty days' notice from District to Permittee. 4. In no event shall the District be liable for any damages done or caused by the District to the Public, to Permittee or any other person using the right-of-way or property subject to this Permit, and Permittee shall save the District, its officers, agents, supervisors and employees harmless from any costs, charge or expense of claim or demand of any person against the District arising from or pertaining to any use made of the property or right-of-way subject to this permit. Permittee shall, at any time upon request of District, provide to District evidence, satisfactory to District, of liability insurance coverage, in amounts and with companies as may be required by District, protecting the interests of District and naming District as an additional in- sured. 5. The District may, on thirty days' written notice to Permittee, require removal and/or alteration of any instal- lation or construction on District right-of-way. 6. Any construction on District right-of-way or property and clean up shall be completed promptly by Permit- tee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and. grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of construction or installation. 7. Permittee shall advise District's office prior to commencement and upon completion of all construction. (562-2141) 8. Permittee shall not discharge any pollutants, contaminants or deleterious materials into water or structures owned or maintained by, or subject to the jurisdiction of District, nor permit anything to obstruct the flow of water; and shall save and hold District harmless from any expense, loss or damage to District or others by any such discharge or obstruction, remedying or removing the same immediately upon request of District. 9. Permittee, as a condition to the continuance of this Permit, shall reimburse District immediately upon de- mand, for any testing or other costs or expenses to District associated with or arising from Permitted's use of District facilities. 10. Applicant is cautioned that electrical, water and sewer, or other installations or utilities may be located within the construction area, and applicant shall use diligent efforts to first detect and locate all such instal- lations and shall coordinate construction with all other lawful users of said right-of-way. Applicant shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of-way users. 11. This permit shall be considered to be a license only, for the limited purpose of installation, placement and maintenance of the .improvements specified on the face hereof, and does not convey any other right, title or interest of the District in the subject. righ.t-of-way property. 12. Ari as-built/location certification of all culvert/structure installations within the District's canals/right-of- way shall be performed by a Florida Registered Professional Surveyor and Mapper on form provided by the District, and submitted to the District within thirty (30). days following completion of installation. If as -built certification is not received within thirty days of installation, the District willie then have certification completed at owner/applicants expense or order removal of the installation. SPECIAL CONDITIONS FOR PERMIT NO. 08-06 FOR INDIAN RIVER COUNTY PROJECT NO. 0522 — PROPOSED IMPROVEMENTS OF 1" ROAD FROM 35TH AVENUE TO 32" AVENUE IN VERO BEACH HOMESITES — UNIT NO. 1 SUBDIVISION 1) This permit issued based on plans entitled "Indian River County Board of County Commissioners I" Road (35th Avenue to 32nd Avenue) in Vero Beach Hornesites Subdivision, Indian River County Project No. 0522", dated September 1, 2005, and approved by Michael D. Dixon, 'P.E. 2) On proposed roadway improvements for 35`h Avenue, all roadway improvements will be sloped away from canal right-of-way, with sufficient drainage provided to prevent ponding of surface water on roadway improvements resulting in overbank discharge of stormwater (and resulting erosion) into canal. 3) All applicable best management practices are to be utilized in the Stormwater Pollution Prevention Plan to prevent sediment transport and ininilnize turbid discharges into canal during/following proposed construction. J:Rv EMSPECCOND-PROVISOS\spwial-c6rd-#06-06.d6c' a M_ BA • -JohnszZ Water Management District Z 3 a Kirby B. Green III, Executive Director • David W, Fisk, Assistant Executive Director M X 4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • (386) 3294500 o On the Internet at www.4rwmd.com. 0 o C REGULATION OF STORMWATER MANAGEMENT SYSTEMS r PERMIT NO. 42-061-114887=1 A PERMIT AUTHORIZING: CHAPTER 40C42, F.A.C. DATE ISSUED: March -•18, 2008 Construction of a Stormwater Management System with stormwater treatment by best management practices and swales for 1 st Road from 35th Avenue to 32nd Avenue in Vero Beach, a 1.62 -acre project to be constructed as per plans received by the District on January 28, 2008. LOCATION: Section(s): 15 Township(s): 33S Range(s): 39E Indian River County Board of County Commissioners 1840 25th Street Vero Beach, FL 32960 This document shall serve as the formal permit for construction and operation of stormwater management system in accordance with Chapter 40C42, F.A.C., issued by the staff of the St. Johns River Water Management District on March 18, 2008. This permit is subject to the standard limiting conditions and other special conditions approved by the staff. These conditions are enclosed. This. permit is a legal document and should be kept with your other important records. The permit requires the submittal of an As -built certification and may require submittal of other documents. All information provided in compliance with permit conditions should be submitted to the District office from which the permit was issued, An As -built certification form is attached. Complete this form within 30 days of completion of construction of the permitted system, including all site work. Upon receipt of the As -built certification, staff will inspect the project site, Once the project is found to be in compliance with all permit requirements, the permit may be converted to its operation phase and responsibility transferred to the operation and maintenance entity in accordance with Chapter 40C42.028, F.A.C. GOVORNING BOARD David G. Graham, CHAIRMAN Susan N. Hughes, VICE CHAIRMAN Ann T Moore, SECRETARY W. Leonard Wood, TREASURER JACKSONVILLE PONTE VEDRA BUNNELL FERNANDINA BEACH Michael.Ertel Hersey °Herky" Huffman Arlen N, Jumper William W. Kerr Duane L. ottenstroer OVIEDO ENTERPRISE FORT MCCOY MELBOURNE BEACH JACKSONVILLE Permit issuance does not relieve you from the responsibility for obtaining permits from any federal, state, and/or local agencies asserting concurrent jurisdiction over this work. Please note that if dewatering is to occur during any phase of construction or thereafter and the surface water pump(s), wells, or facilities are capable of withdrawing one million gallons of water per day or.more, or an average of 100,000 gallons per day or more over a year, and any discharge is to be off-site, you must apply for and obtain a Consumptive Use Permit (40C-2) from the District prior to starting the dewatering. Please contact the District if you need additional information or application materials. 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 thereof. This permit does not convey to permittee any property rights nor any rights of 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. In the event you sell your property, the permit will 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. John Juilianna, Service Center Director - Palm Bay Department of Water Resources Enclosures: As -built Certification Form Exhibit A cc: District Permit File Agent: Indian River County Eng Dept 1840 25th St Vero Beach, FL 32960 Consultant: Indian River County Eng Dept 1840 25th St Vero Beach, FL 32960 71'� 4!6� John Juilianna, Service Center Director - Palm Bay Department of Water Resources Enclosures: As -built Certification Form Exhibit A cc: District Permit File Agent: Indian River County Eng Dept 1840 25th St Vero Beach, FL 32960 Consultant: Indian River County Eng Dept 1840 25th St Vero Beach, FL 32960 "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 42-061=114887=1 BOARD OF COUNTY COMMISSIONERS DATED MARCH 18, 2008 1. This permit for construction will expire five years from the date of issuance unless otherwise specified by a special condition of the permit. 2. Permittee must obtain a permit from the District prior to beginning construction -of subsequent phases or any other work associated with this project not specifically authorized by this permit. 3. Before any offsite discharge from the stormwater management system occurs, the retention and detention storage must be excavated to rough grade prior to building construction or placement of impervious surface within the area served by those systems. Adequate measures must be taken to prevent siltation of these treatment systems and control structures during construction or siltation must be removed prior to final grading and stabilization. 4. The permittee must maintain a copy of this permit complete with all conditions, attachments, exhibits, and permit modification in good condition at the construction site. The complete permit must be available for review upon request by at. representatives. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 5. All activities shall be implemented asset 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 be considered a violation .of this permit. 6. District authorized staff, upon proper identification, must be granted permission to enter, inspect and observe the system to insure conformity with'the plans and specifications approved by the permit. 7. 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 hereby incorporated by reference, unless a project specific erosion and sediment control plan is approved as part of the permit, in which case 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 specification 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. 8. If the permitted system was designed by a registered professional, within 30 days after completion of the stormwater system, the permittee must submit to the District the following: District Form No. 40C=1.181(13) (As built Certification By a Registered Professional), signed and sealed by an appropriated professional registered in the State of Florida, and two (2) sets of "As Built" drawings when a) required by a special condition of this permit, b) the professional uses "As Built" drawings to support the As Built Certification, or c) when the completed system substantially differs from permitted plans. This submittal will serve to notify the District staff that the system is ready for inspection and approval. 9. If the permitted system was not designed by a registered professional, within 30 days after completion of the stormwater system, the permittee must submit to the District the following: District Form No. 40C-1.181(14) (As built Certification), signed by the permittee and two (2) sets of "As Built" drawings when required by a special condition of this permit, or when the completed system substantially differs from permitted plans. This submittal will serve to notify the District staff that the system is ready for inspection and approval. 10. 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 seven (7) days before the construction activity in that portion of the site has temporarily or permanently ceased. 11. 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. 12. Within thirty (30) days after sale or conveyance of the permitted stormwater management system or the real property on which the system is located, the owner in whose name the permit was granted shall notify the District of such change of ownership. Transfer of the permit shall be in accordance with the provisions of section 40C-612, F.A.C. All terms and conditions of this permit shall be binding upon the transferee. 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 such sale, conveyance or.other transfer. 13. The stormwater management system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure. The system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the stormwater management system to a local government or other responsible entity. 14. The operation phase of the permit shall not become effective until the requirements of Condition No. 8 or 9 have been met, the district determines that the system complies with the permitted plans, and the entity approved by the District in accordance with section 40C- 42.027, F.A.C., accepts responsibility for operation and maintenance of the system. The permit cannot be transferred to such an approved, responsible operation and maintenance entity until the requirements of section 40C42,028, F.A.C., are met, and the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District in accordance with section 40Cm42.028, F.A.C., 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 subsection 40C- 42.028 (4) F.A.C., the permittee shall be liable for compliance with the terms of the permit. 15. Prior to lot or unit sales, or upon completion of construction of the system, whichever occurs first, the District must receive the final operation and maintenance document(s) approved by the District and recorded, if the latter is appropriate. 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 government entity, Failure to submit the appropriate final document will result in the permittee remaining personally liable for carrying out maintenance and operation of the permitted system. 16. 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 40C42.028, RA.C. 17. The permittee siva-II 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. 18. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. 19. Activities approved by this permit shall be conducted in a manner which do not cause violations of state water quality standards. 20. 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. 21. Prior to construction, the permittee must clearly designate the limits of construction on-site. The permittee must advise the contractor that any work outside the limits of construction, including clearing, may be a violation of this permit. 22. The stormwater management system must be inspected by the operation and maintenance entity once within two years after the completion of construction and every two years thereafter to insure that the system is functioning as designed and permitted. If a. required inspection _reveals.that the system is not functioning as designed and permitted, then within 14 days of that inspection the entity shall submit an Exceptions Report on form number 40C- 42.900(6), Exceptions Report for Stormwater Management System Out of Compliance. The operation and maintenance entity must maintain a record of each required inspection, including the date of inspection, the name, address, and telephone number of the inspector, and whether the system was functioning as designed and permitted, and make such record available for inspection upon request by the District during normal business hours. f Notice Of Rights 1. A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P. 0. Box 1429, Palatka Florida 32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at Clerk(a sirwmd.com, within twenty-six (26) days of the District depositing notice of District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21) days of the District emailing notice of District decision (for those persons to whom the District emails actual notice), or within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. The District will not accept -a petition sent by facsimile (fax), as explained in paragraph no. 5 below. Mediation pursuant to Section 120.573, Florida Statutes, is not available. 2. If the Governing Board takes action that substantially differs from the notice of District decision, a person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the District, but this request for administrative hearing shall only address the substantial deviation. Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code; the petition must be filed (received) at the office of the District Clerk at the mail/street address or email address described in paragraph no. 1 above, within twenty-six (26) days of the District depositing notice of final District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21) days of the District emailing the notice of final District decision (for those persons to whom the District emails actual notice), or within twenty-one (21) days of newspaper publication of the notice of final District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. Mediation pursuant to Section 120.573, Florida Statutes, is not available. 3. A person whose substantial interests are or may be affected 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 regarding an issue of material fact. A petition for formal hearing must also comply with the requirements set forth in Rule 28-106.201, Fiorida Administrative Code. 4. A person whose substantial interests are or may be affected has the right to an informal administrative 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 also comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code. Notice Of Rights 5. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida. Petitions received by the District Clerk after 5:00 p.m., or on a Saturday, Sunday, or legal holiday, shall be deemed filed as of 8:00 a.m. on the next regular District business day. The District's acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 2&101.001, Florida Administrative Code), which is available for viewing at www.sirwmd.com. These conditions include, but are not limited to, the petition being in the form of a PDF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile is prohibited and shall not constitute filing. 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. (Rule 2&106.111, Florida Administrative Code), 7. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C-1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. A person,whose substantial interests are or may be affected by the District's final action has the right to become a party to the proceeding, in accordance with the requirements set forth above. 8. A person 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 their property, has the right to, within 30 days of receipt of the notice of District decision regarding a permit application, apply for a special magistrate 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, P. O. Box 1429, Palatka, FL 32178-1429 (4049 Reid St., Palatka, FL 32177). A request for relief must contain the information listed in Subsection 70.51(6), Florida Statutes. Requests for relief received by the District Clerk after 5:00 p.m., or on a Saturday, Sunday; or legal holiday, shall be deemed filed as of 8:00 a.m. on the next regular District business day. 9. A timely filed request for relief under Section 70.51, Florida Statutes, tolls the time to request an administrative hearing under paragraph nos. 1 or 2 above. (Paragraph 70.51 (1 0)(b), Florida Statutes). However, the filing of a request for an administrative hearing under paragraph nos. 1 or 2 above waives the right to a special magistrate proceeding. (Subsection 70.51 (1 0)(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 magistrate proceeding. (Subsection 70.51(3), Florida Statutes). Notice Of Rights 11. Any person whose substantial interests are or may be affected 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 rendering of the final District action, (Section 373.617; Florida Statutes), 12. Pursuant to Section 120.68, Florida Statutes, a party to the proceeding before the District 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 Rules 9:110 and 9.190, 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 Florida Department of Environmental Protection and any person named in the order within 20 days of the rendering of the District order. 14. A District action. is considered rendered, as referred to in paragraph nos. 11, 12, and 13 above, after it is signed on behalf of the District, and is filed by the District Clerk, 15. Failure to observe the relevant time frames for filing a petition for judicial review as described in paragraph nos. 11 and 12 above, or for Commission review as described .in paragraph no. 13 above, will result in waiver of that right to review. Notice Of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent by U.S. Mail to: Board of County Commissioners 1840 25th Street Vero Beach, FL 32960 At 4:00 p.m. this 18th day of March, 2008. Division of Regulatory Information Management Gloria Lewis, Director St. Johns River Water Management District Post Office Box 1429 Palatka, FL 32178-1429 (386) 3294152 Permit Number: 42-061-114887-1