Loading...
HomeMy WebLinkAboutEngineering File Copy ENGINEERING SUBMITTALS January 31, 2017 CONCEALED FASTENERS OR ATTACHMENTS ARE THE RESPONSIBILITY OF THE WIND LOAD CERTIFICATION: CONTRACTOR OF RECORD CODE FBC 2014/FRC 2014/ASCE 7-10 WIND SPEED: 170 mph,3 SEC. GUST EXPOSURE: "D" [HESE pLANS AtvD ALL PROPOSED WORK IMPORTANCE FACTOR: 1.0ARE SUBJECT TO AP�f CC RRECTIONS INTERNAL PRESSURE COEFF.: O.OREQDIRED DY FIELD INSPECTORS T ,4T ' iA�I9E� S�,R :I .I �QEIr a AR LLlCAB Ll CODES. JOB: MATHIAS RESIDENCE 7107 S. INDIAN RIVER DR FT. PIERCE, FL 34982 ' —c�33 l �S7T..LIT` _�t��..,�._ ^;'i�'h Lj1P?'z ?�MSION n 7s�'5VI,�.lG, )1T Z-D F O 1 DATE FI,MNS JO13 O AITDP OR NO T�cy�yrP�.rPvLI�:C�2'�a�ITU�ST 13E KEPT ON PAUL WELCH INC. Mechanical Electrical Civil Engineering 1984 S.W. Biltmore St. Suite#114 Port Saint Lucie, FL 34984 Phone (772) 785 - 9888 Email— pwelchinc@aol.co Paul Welch, P.E. Fla Reg. No. 29945 g" T s 4t copy' Pilings to be marine TYPICAL DOCK AND ACCESSWAY CROSS SECTION grade, 2.5 CCA (N.T.S.) treated: Dock: min. 8"0 4'Accesswayl 10'Terminal Platform Decking: #1 grade 0.4 ACQ Wood 2'x6" OR Composite 2"x6" The work specified herein OR Composite 1"X6" has been designed and all p work shall be in accordance with the 2014 Florida fastened#10x3"SS screws, Building Code(5th Ed., 112"spacing, 2 per deck First Printing March 2015). All codes reference herein board/stringer are per the latest adopted edition. Stringers• 2"x8#1 grade, • • ; h„ 0.4 ACQ spaced at: t ^ E r { 2x6 Wood or 2x6 Joist: Composite Decking: #1ACQ grade, 0.4 max.24" thru 2"x8"thru bolted ��'!' bolted w/min 112 SS ' w/min. 112"SS all thread bolts all thread bolts yak �nAN OR , 1"x6"Composite decking: max.16" '' thru bolted . wl min.112" SS all M.H.W. :-; � ,f,,lii, '' thread bolts `-,H UUw— UO LU jU0U.LZ M.L.W. �w W �LJ.IJZ�Gr <Z m Q Q a LU Co g Pilings: Bottom ter° 6' min.solid T penetration Liu Mathias Residence a y Cross View 7107 S.Indian River Dr. Dock Rebuild , Ft.Pierce,FL 34982 ISM 10, _R _168'+i - �;._-- Rebuild damaged dock and replace boat Lift t •3.. J �",lt�.fry �i It 1 - r ® ,LgIlli- •• •�• i ��' L STATE OF FLORIDA APR 2 1 201? DEPARTMENT OF ENVIRONMENTAL PROTECTION IG PERMITTINI In re: St.Lucie Gounty,.FL OGC NO. 16 1319 q�(.AOTHORIZATION. FOR R9f.A,1RS.,:REPLAC E- M-ENT..RESTORATION, AND CERTAIN OtHERL.MeASUR15SMADE NECfS.SARY BY HURRICANE.MATTHEW . :S[.XTH..AMENDED:EME.R-GP-'NtY-�-FINAL.10 ..kb.e,$-Z' Pursuant t6 'the.authority granted to me.by Sections 120.56_9(2.)(ri), 252-36 and 252,46, Florida Statutes,,.and.upon consideration of-the'.151atp Of Florida Executive-Order N.os. 1' 23:0,. 16-24, -17-46 and 17!47, 1 hereby fiihd th6t....the emergency c' hdition* set foOhin- Emergep' ay- Final Orderdated*0. 0I '0 .5. 2016. ,. it�uedin.re'.s.�6h§6,-to_Ahe.ft. it or inbpdjptp dppgprtq thepublic health, safety, andwelfare 11 :6itize g 0-8tafe,o f Florida.resuItiing.from the -wroughtoy:HurricaneVaWhe 4e; lo. ekis -tin the-f6IIbW!n.g ,counties: Brevard, Olay,Duval',. 7.16g[er,. Indian River, Martln, .N. 3s*?A Orange, Osceola, Putnam., .Sopol6.j '$t Johns,. S.t- Lucie, and'Vw.psiacoun'ti*es an d hereby.extend-said�Em-_',prg!p.npyF':--'a'I'Order;-K,;tht­_ h A064-26,20-:17. : In NOTICE OF RIGHTS Pursuant,toSopli Section ,56 -a Statutes, .9'(2)(n) any. party advefWyaff.6ittod by .­ AFlorid' this-Order has,fide jgg- .; t't _seek an njunfint i .Or ern�circuit.cOUrt.6rjudicial review of itunder Section" 12 ri A's. Lt Judicial idia1review e' w... mustbe So ug t by,filing a -h les of Appqlla i.P.r.ppg0 r i, h�'t e notice 610peat under Rule 9.110 6fA e.Florida Rp te, h Clerk of fhob.epartmen in the Of of General C-ounsel. 39-000,Commonwealth Boulevard,. Mail # -Tpjl#ftasS '.idg 322`399M()0', and d-by--.filing a ­ of'the-Inotice.- -of ,copy o appeal, Pa I e`iflihgf6.6t Wth theappropriate . district o rt of appeal. The notice fled Within thirty (3`0) days.aft this Order is filed d witly the Clerk oft ,DONE AND ORDERED.on thi§L71tay of March,,i " - 2017.-, in Tallahassee,. Florida. FLORIDA:DEPARTMENT OF' ENVIRONMENTAL PROTECTION Ryan- Wla E8q. Interim.-Secretary 3.900 Commonwealth Boulevard Ta-11.0hatseei Florida.3239"9.-3.000 FILED on this date, pursuant to §120:52 Florida Statu't6$,,,:With the designated Department-Clerk,.receipt ofwhi,ch hereby acknowledged. CLERK OA_L4�� ATE: y'TZ' ' '+ L L: ENVIRONMENT.4� RESOURCE PERMITTING �B'n,eal P< EMERGENIC.-lY FINAL ORDER (EFO) AUTH0R1 5%1110NS ( r K , 0P-kT WTS, BULKHEADS, ETC.) I €-e d to make repa m, 10what c;an I do without taRkh-bg to or nofif�.,dn DEP- The EFO's intention is to let people repair what was legally there immediately before the hurricane. Anyone can go ahead and do the following: » Repair(either temporarily or permanently) structures and drainage systems that have not been completely destroyed. » Repair structures on state owned submerged lands that are water dependent, like-a residential dock. » IFI AM A GOVERNMENT ENTITY- Restore elevations and contours of uplands,(wetlands and submerged lands and navigation channels by local, regional, and state governments. » Remove debris and trash,.sunken vessels, vegetation, and structural remains that have been deposited into waters or wetlands, so long as no dredging or filling. » Repair, restore, or replace structures, land, and submerged contours to the conditions that were authorized or otherwise legally existed prior to the Hurricane. I need to rnake repairs or re ufl ; vfhat do I have to get authorization oor? Certain activities that need to occur in order to recover property, protect property from further damage, maintain navigation, or protect public health, safety and welfare may not qualify for the exemptions mentioned below. If that is the case,your activity may qualify for a Field and Individual Authorization. lfflhat activities may quaiffy 6br a F,ieland 'Endividual Authorization? » Replacement of structures that are completely destroyed » Non-water dependent activities on state owned submerged lands » Regrading, dredging or filling uplands, wetlands and submerged lands, if not a Government entity » Trimming or altering mangroves » Removal of debris, sunken or grounded vessels,vegetation, and structural remains that have been deposited in to waters, wetlands or uplands by the Hurricane if it requires filling or dredging » Other minimally adverse impacts as determined by the Department Hove do I request a Fle!' or 'End dual Authorization,? Provide a notice to the applicable District office of the Department that includes: » Description of the work requested » DEP Facility I.D. for the location (if applicable) )> The name, address and telephone number of the contact person for the work requested continued Florida Department of Environmental Protection-Post-Storm Guidance,Environmental Resource Permitting "Ififere do f send my Notice requesting a Field or fh dlvidua�l uthor zatio_r? Please email your request to: DEP_NED @dep.state.fl.us (please include Emergency Field Authorization in the subject line) Athat happens after I submit my Nott el" Department staff will conduct a site inspection and issue a Field Authorization if the activity qualifies. The Field Authorization may include specific conditions and an expiration date. What Lis the deadH e for irroy request for Fveld or 6 dividua' ALA11,110l ie ation? Important: Field Authorizations must be requested by Sept. 30, 2016. Khat specific exemptions (those that require no notification) are -Enc�ujels in this EmergencyOrder? » The installation and repair of mooring pilings and dolphins associated with private docking facilities or piers and the installation of private docks, piers and recreational docking facilities, or piers and recreational docking facilities of local governmental entities when the local governmental entity's activities will not take place in any manatee habitat, any of which docks: » Has 500 square feet or less of over-water surface area for a dock which is located in an area designated as Outstanding Florida Waters or 1,000 square feet or less of over-water surface area for a dock which is located in an area which is not designated as Outstanding Florida Waters; I » The replacement or repair of existing docks and piers, except that fill material may not be used and the replacement or repaired dock or pier must be in the same location and of the same configuration and dimensions as the dock or pier being replaced or repaired. » The restoration of seawalls at their previous locations or upland of, or within 18 inches waterward of, their previous locations » The performance of maintenance dredging of existing manmade canals, channels, intake and discharge structures, and previously dredged portions of natural water bodies within drainage rights-of-way or drainage easements which have been recorded in the public records of the county, where the spoil material is to be removed and deposited on a self-contained, upland spoil site which will prevent the escape of the spoil material into the waters of the state » The maintenance of existing insect control structures, dikes, and irrigation and drainage ditches, provided that spoil material is deposited on a self-contained, upland spoil site which will prevent the escape of the spoil material into waters of the state. » The repair or replacement of existing functional pipes or culverts the purpose of which is the discharge or conveyance of stormwater. » The construction and maintenance of swales. » The replacement or repair of existing open-trestle foot bridges and vehicular bridges that are 100 feet or less in length and two lanes or less in width. » The replacement or repair of subaqueous transmission and distribution lines laid on, or embedded in, the bottoms of waters of the state. » The restoration of existing insect control impoundment dikes which are less than 100 feet in length. » The repair, stabilization, or paving of existing county maintained roads. continued Florida Department of Environmental Protection-Post-Storm Guidance,Environmental Resource Permitting 4 'What State Lands Authorization do t need to co educt repairs associated YLAFfli the DEP Exemption? These activities are now granted a Letter of Consent(authorization to be located on State own lands) provided all the terms and conditions of those rules are met including restrictions for activities performed within aquatic preserves. What activities are not authorized in the Emergency Area This Order does not authorize the construction of structures that did not exist prior to the Hurricane unless it fall under a category in either Section a. No Notice Required, or Section b. Filled and Individual Authorization Required. Florida Department of Environmental Protection 09/16 dep.state.fl.us I STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION In re: EMERGENCY RELIEF FOR OGC.NO. 16-1327 STORM'WATER EFFECTS RESULTING FROM HURRICANE MATTHEW 1 EMERGENCY FINAL ORDER Under Sections 120.569(2)(n), 252.36 and 252.4.6, Florida Statutes, and upon consideration of the State of Florida Executive Order No. 16-230 and the following findings of fact, the State of Florida Department of Environmental Protection (Department) enters this Emergency Final Order(Order), including Findings of Fact and Conclusions of Law, in response.to the imminent or immediate danger-to the:public health, safety, and welfare of the citizens of the State of Florida resulting from Hurricane Matthew(Hurricane). FINDINGS OF FACT 1. On October 6, 2016, the Hurricane caused significant impact to Florida's east coast.bringing substantial rainfall and storm surge along Florida's east coast from St. Lucie.County through.Nassau County(the impacted Area). As a result of.the. Hurricane,the Impacted Area.experienced heavy flooding, resulting in.severe impacts to local businesses and homes and limiting vehicular,access in certain circumstances. 2. Local governments:are responsible for the management of stormwater within their jurisdictions. 3. By State of Florida Executive Order No. 1.6-230, the Governor declared that a state of emergency exists:throughout the State, based upon the serious threat to 1 the public health, safety, and welfare posed by the Hurricane. 4. The Department entered its Emergency Final Order In re: Emergency Authorization for Repairs, Replacement, Restoration, and Certain Other Measures Made Necessary by Hurricane Matthew, OGC No. 16-1319, on October 5, 2016 (10-5 Order). While the 10-5 Order anticipates actions such as those specifically authorized herein, additional clarity will be beneficial to the local.governments as they respond to flooding, and other events, brought on.by Hurricane Matthew. 5. The Department is entering this Order to protect human health and safety and property. CONCLUSIONS OF LAW 1. Based on the findings recited above,. it is hereby concluded that the emergency caused by the Hurricane poses animmediate .danger to the public health, safety, or welfare and requires-an immediate order of the Department. 2. Under State of Florida Executive Order No: 1.6-230, and Sections 120:5.69(2)(n), 252.36, and 252.46., Florida Statutes, the Secretary, or designee, of the r Department.is.authorized to issue this Emergency Final Order. THEREFORE, IT IS ORDERED: 1. The local-governments within the Impacted Area are_authorized to install stormwater drainage systems.(pumping stations)throughout the Impacted Area to mitigate the stormwater:impacts related to the Hurricane. Entities other than local governments may install and operate stormwater drainage systems in compliance with this Order with written or verbal permission from the Department. The local governments and any other entities authorized by the Department shall be referred to 2 herein as the 'Responsible Entity," in the singular, or the "Responsible Entities," when referring to them collectively. SPECIFIC CONDITIONS: A. Any Responsible Entity within.the Impacted Area-acting under this Order shall notify the local Department District Office when any activities under this Order are commenced. The Responsible Entity,shall also contact the Deptirtmerifs Coastal Construction Control Line Program when the beach system is being Impacted by the stormwoter drainage system. The Responsible Entity shall provide the Department with a description and location of the stormwaterdfainage system including any necessary construction activities and volumes being pumped. The Responsible Entity shall contact the appropriate Department District Office daily to confirm the volumes of stormwater discharged., the current statusbf any flooding to the area covered, and to discuss,.fhe need to continue any further activities,.including pumping,, under this Order. The, Responsible Entity shall additionally notify the above offices when pumping activities cease. Notification shall be made verbally or by email and followed up in writing within 3 days. B. No impacts to dunes or dune Vegetation are authorized. In the event.any vegetation is impacted, the,Responsible Entity is responsible for restoring the area to pre-project,Conditions. C. All pumping activities shall be monitored by at least one individual employed by the Responsible Entity at all times. D. The outfall of the discharge pipe shall be located below the mean high water line at all times. 3 E. When pumping activities begin, the applicable County Health Unit as well as the State Department of Health shall be notified, so that appropriate advisory warnings and posting may occur. F. Construction related activities are authorized to occur on the nesting beach seaward of the dune crest under the following conditions; 1). A daily marine turtle nest survey of the nesting beach in the vicinity of the project (including areas of. beach access) shall be conducted each day Until completion of the activity.All nests in the project area and on the beach between the project and access sites shall be marked by stake and survey tape or string in a.circle With a radius of-ten (10)feet or as needed to ensure the safety of the nest. No construction activities shall enter the circle marking the nest and no.adjacent construction shall be allowed that might directly or indirectly disturb the area Within the staked circle. 2) Nest inventories.shall be conducted on all.rnarked nests in accordance With Florida Fish and Wildlife Commission's (FWC)Sea Turtle-Protection -Guidelines. 3). No construction activity may commence until completion of the marine turtle survey each day. Please contact the FWC to coordinate all man*ne turtle protection requirements. 4). It is the responsibility of the Responsible Entity to ensure that the project area and access sites are surveyed for marine turtle nesting activity. All nesting surveys, nest relocations screening_or caging activities etc. shall be conducted only by persons:with prior experience and training in.these activitiesandwho is duly authorized to conduct such.activitiOs through a valid permit issued by the FWC, pursuant to Florida Administrative Code 68E•1. 4 5). All excavations and temporary alteration of beach topography shall be filled or leveled to the natural beach profile after project completion. The beach surface shall be inspected subsequent to completion of the project and all tracks, impressions, scarps, or:ponding due to.the project or movement of heavy equioment,across the beach shall be removed. 6). No temporary Fighting of the project area is authorized. 2. This Order does not provide relief from the.requirements of other federal, state,water management districts, and local agencies, .if applicable. This Order therefore does not negatethe need for the facilities to obtain any other required permits or authorizations-, nor from the need to comply with all,the requirements of those J agencies. This Order does not provide relief from any of the requirements of Chapter 471 of the Florida Statutes regarding professional engineering. 3. Failure to comply with any condition set.forth in this Order shall constitute a violation:of a Department Final Order under Chapters 161,373-and 403 of.the Florida Statutes, and enforcement proceedings may be brought. in any appropriate administrativeor judicial forum. 4. This:Emergency Final Order shall take effect immediately upon.,execution by the Secretary of the.Department, or his designee, and shall expire on November 2, 2016, unless modified., extended; or-cancelled by further Order. NOTICE OF RIGHTS Pursuant to Section 120.569(2)(n), Florida Statutes, any party adversely affected by this Order has the right to seek an injunction of this Order in circuit court or judicial review of it under Section 120.68, Florida Statutes. Judicial review must be sought by 5 filing anotice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure., With the Clerk of the Departmentin the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station#35,Tallahassee, Florida 32399-3000, and by filing a copy of the notice of appeal, accompanied by the applicable filing fees, with the appropriate distfict court of appeal. The notice of appeal must be filed within thirty(30}days-after this Order is filed With the Clerk lerk of theDepartment DONE AND,ORDERED on this � dayof October,,2016, in.Tallahassee, Florida. F 4 A DEPARTMENT OF. NIMtNTAL PROTECTION Jonathan P. Soverso#, Secretary. 3900 Commonwealth Boulevard Tallahassee, Florida 32899-3000 FILED.on'this date, pursuant,to . .5.2 Florida atutes, with the n0ted Depart ent Clerk, receipt hefi6b ckh,oWledged. C DATE: 6 r .STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION In re: EMERGENCY AUTHORIZATION FOR OGC NO. 16-1319 REPAIRS, REPLACEMENT, RESTORATION, AND CERTAIN OTHER MEASURES MADE NECESSARY BY HURRICANE MATTHEW EMERGENCY FINAL ORDER Under Sections 120.569(2)(n), 252.36, and 252.46, Florida Statutes, and upon consideration of the State-of Florida, Executive Order No. 16-230 and the following findings of fact, the State of Florida Department of Environmental. Protection (Department) enters this Emergency Final Order(Order), including Findings of Fact and Conclusions .of Law, in response to the imminent or immediate danger to the public health, safety, and welfare of the citizens of the State of Florida resulting from the devastation wrought by Hurricane Matthew (hereinafter"the Hurricane"). FINDINGS OF FACT 1. Hurricane Matthew is a major Hurricane traveling north through the Bahamas. The National Hurricane Center forecasts that the Hurricane will tum northwest toward Florida and travel along Florida's east coast. The Hurricane poses a severe threat to the State of Florida and requires that timely precautions are taken to protect the communities and critical infrastructure and the general welfare of this State. The Hurricane is likely to cause significant impact and widespread damage throughout the State of Florida which shall constitute the area covered by this Emergency Final Order. This area shall herein be referred to as the "Emergency Area." 1 2. By State of Florida Executive Order No. 16-230, the Governor declared that a state of emergency exists throughout the state, based upon the serious threat to the public health, safety, and welfare posed by the Hurricane. 3. The Department finds that the Hurricane has-created a state of emergency threatening the public health, safety, welfare, and property throughout the Emergency Area. As a result of the emergency, immediate, action by Florida's citizens and government is necessary to repair, replace, and restore structures, equipment, surface water management systems, works, and other systems damaged by the Hurricane. 4. The Department finds that .an emergency authorization is required to address the need for immediate action because.the normal procedures for obtaining the necessary authorizations would not result in sufficiently timely. action to address the emergency. 5. The Department finds:that.immediate, strict compliance with the provisions of the statutes, rules, or orders noted within this Order would prevent, hinder, or delay necessary action in coping with the emergency, and that the actions authorized under this Order are narrowly tailored to address the immediate need for action and are procedurally appropriate under the circumstances. CONCLUSIONS OF LAW 1. Based on the findings recited above, it is hereby concluded that the emergency caused by the Hurricane poses an 'immediate danger to the public health, safety, or welfare and requires an immediate order of the Department. 2 2. Under State of Florida Executive Order No. 16-230, and Sections 120.569(2)(n), 252.36, and 252.46, Florida Statutes, the Secretary, or designee, of the Department is authorized to issue this Emergency Final.Order. 3. Suspension of statutes and rules as noted within this.Order is required so as not to prevent, hinder, or delay necessary action in coping with the emergency. THEREFORE, lT IS ORDERED: A. WASTE MANAGEMENT Within the Emergency Area: 1. Storage Tank Svstems Owners and operators of storage tank systems regulated.under Chapters 62-761 and 62-762, Florida Administrative Code., and their licensed engineers and contractors, are authorized to make all necessary repairs to restore essential services and repair or replace (as necessary) all structures, :equipment, and.appurtenances of the systems to their pre-Hurricane permitted or: registered condition without prior notice to the Department. Within thirty (30) days. of commencing the work of such repair or replacement; however, the owner or operator shall notify the Department _in writing, describing the nature of the work, giving its DEP Facility I.D. for the location, and providing the name, address, and telephone number of the representative of the owner or operator to contact.concerning the work. 2. Solid Waste Management a. Field authorizations may be issued prior to or following a site inspection by Department personnel or a delegated local program for staging areas to be used for temporary storage and, chipping, grinding, or, burning of Hurricane-generated 3 IJ debris. Field authorizations may be requested by providing a notice to the District Office of the Department containing a description of the staging area design and operation, the location of the staging area, and the name, address, and telephone number of the site manager. Field authorizations also may be issued by Department staff without prior notice. Written records of all field authorizations shall be created and maintained by Department staff. ,Field authorizations may include specific conditions for the operation and. closure of the staging area, and may include a required closure date which extends beyond the expiration date of this Order. Staging areas shall avoid wetlands and other surface waters to the greatest extent possible; such areas. that. are used or affected must be fully .restored upon cessation of use of the area. Staging areas must cease operation, and. all Hurricane-generated debris, must be removed from the site, by the expiration date of this Order, unless a different closing date or closure conditions are specified in the field authorization. Failure to comply with the conditions. of the field authorization, or failure to adequately close the site by the required closure date, may result in enforcement actions by the Department. Field authorizations issued prior to the effective date of this Order remain in effect but may be modified by the Department to include conditions and closure dates as specified herein. b. Hurricane-generated vegetative debris which is managed at an authorized staging area may be disposed of in permitted lined or unlined landfills, permitted land clearing debris facilities, or permitted construction and demolition debris disposal facilities. Such vegetative debris may also be managed at a permitted waste processing facility or a registered yard trash processing facility in accordance with the terms of the applicable rules and permit conditions. 4 C. Construction and demolition debris that is mixed with other Hurricane- generated debris need not be segregated from other solid waste prior to disposal in a lined landfill. Construction and demolition debris that is either source-separated or is separated from other Hurricane-generated debris at an authorized staging area, or at another area specifically authorized by the Department, may be managed at a permitted construction and demolition debris disposal or recycling facility upon.approval by the Department of the methods and operational practices used to inspect the waste during segregation. d. Except as otherwise specifically provided herein, Hurricane=generated debris shall be .disposed of in a Class i landfill or, except for asbestos-containing materials, in a waste-to-energy facility. Non-recyc.lables and residuals generate from segregation of Hurricane-generated debris shall also be disposed of in a Class I landfill or waste-to-energy facility. e. Ash residue from the combustion of Hurricane-generated vegetative debris may be disposed of in a permitted disposal facility, o.r may be land spread in any areas approved by local,government officials except in welifield protection areas or water bodies.- f. odies:f. Ash from the combustion of other Hurricane-generated debris shall be disposed of in a Class I landfill. Metals or other non-combustible materials segregated from the ash residue may also be disposed of in an unlined, permitted landfill. g. Unsalvageable refrigerators and freezers containing solid waste such as rotting food that may create a sanitary nuisance may be disposed of in a Class I landfill; provided, however, that chlorofluorocarbons and capacitors must be removed and 5 recycled to the greatest extent practicable using techniques and personnel meeting the requirements of 40 CFR'Part 82. h. Permitted landfills, waste-to-energy facilities, and transfer stations which accept Hurricane-generated debris in accordance with the.terms of this Order may accept Hurricane-generated debris for disposal or .storage without the need to first modify existing solid waste permits or certifications. Operators of landfills shall seek modifications of their existing permits. to address any long-term impacts of accepting Hurricane-generated debris on operations and closure that are not addressed in existing permits. Long-term impacts are those which will extend past the expiration date-of this Order. The requests for modification shall be submitted as soon as possible, but no later than the expiration date of this Order. No permit fee will be required for any modifications necessitated solely by the Hurricane cleanup activities. This paragraph does not authorize the permanent lateral or vertical expansion of any facility beyond its permitted limits. i. Domestic wastewater residuals may _be disposed of in Class I landfills even if such residuals meet the definition of a liquid waste 'found in Rule 62- 701..200(65), Florida Administrative Code, provided that such disposal is approved in advance by the Department and that the material is managed to the extent practicable so as to minimize liquid content, odors, and runoff. 3. Hazardous.Waste Management A blanket approval of timeextensions under Chapter 62-730, Florida Administrative Code, is necessary within the Emergency Area for hazardous .waste generators for the storage of their hazardous wastes on-site, pending the cleanup of the 6 Hurricane damage and restoration of essential services. The rules authorize a thirty- day extension because of unforeseen and uncontrollable circumstances. The specific. effects of the Hurricane were unforeseen and uncontrollable. Therefore, to avoid having to issue .a potentially large number of individual approvals on a case-by-case basis and waste limited agency resources during the time of emergency, the Department authorizes a general extension of time of thirty (30) days from the expiration of this .Order for all such hazardous waste generators for the storage of their hazardous wastes on-site, in the counties within the Emergency Area. B. AIR RESOURCE MANAGEMENT Within the Emergency Area: 1. Air Curtain Incinerators Local governments or their agents may conduct the :burning of Hurricane- generated yard trash, other vegetative debris, and untreated wood from construction and demolition debris in air curtain incinerators in accordance with the provisions of Section 403.7071(6:), Florida Statutes. In operating any air curtain incinerator pursuant to this Order, the pit width shall not exceed 12 feet, vertical side walls shall be maintained, and waste material shall not be loaded into the air curtain incinerator such that it protrudes above the level of the air curtain. Ash shall not be allowed to.build up in the pit higher than one-third the pit depth or to the point where the ash begins to impede combustion, whichever level is lower. Refractory-lined air curtain incinerators may operate 24 hours per day. Air curtain incinerators without refractory-lined walls may operate 24 hours per day provided reasonable efforts are made to prevent nuisance 7 smoke. Notwithstanding the provisions of this paragraph, the burning of asbestos- containing materials or hazardous waste is prohibited. 2. Open Pile Burning- Only urningOnly vegetative material can be burned on an open pile. Open pile burning of vegetative debris is managed under the authority of the Florida .Forest Service in the Department of Agriculture and Consumer Services, .and the Department will defer to decisions made by that agency, provided that burning does not occur in wetlands or other surface waters. Open pile burning shall avoid adversely affecting wetlands and other surface waters to the greatest extent possible; any wetland or other surface water areas that are used or affected must be fully restored upon cessation of use of the area in consultation-with the Department. 3. Other Air Pollution Sources The Department authorizes the minor repair of any previously permitted stationary source of air pollution that was damaged by the Hurricane to restore it toits previously permitted condition without prior notice to the Department. Within thirty (30) days of commencing-such repairs, however, the permittee shall notify the Department in writing, stating the location and nature of the work, and providing the name, address, and telephone number of the representative of the permittee to contact concerning the work. Minor repairs are repairs that would not constitute reconstruction under any definition of 40 CFR Part 60, 61, or 63, and that could not affect potential to emit any pollutant. Repairs that would constitute reconstruction under any definition of 40 CFR Part 60, 61, or 63, and that could affect potential to emit any pollutant are not authorized by this Order. 8 4. Asbestos Cleanup The Department waives the requirement for 10-day prior notification for emergency demolition or emergency cleanup of asbestos-containing material resulting from the Hurricane. Within one (1) business day of commencing such demolition or cleanup, however, the person responsible for such work shall notify the Department in writing. The notification shall be consistent with the information on the Notice of Demolition or Asbestos Renovation, and. shall include the DEP Facility I.D. for the location, and providing the name, address, and telephone number of the representative of the owner or operator to contact concerning the work. The procedures in 40 CFR 61 Subpart M for handling asbestos-containing material shall be complied with during demolition and cleanup. Asbestos-containing material shall be disposed.of in a Class I or 111 landfill in accordance with Rule 62-701:520(3), Florida Administrative Code. Burning of asbestos containing material.is prohibited. C. WATER RESOURCE MANAGEMENT Within the Emergency Area: 1. Definitions The following definitions apply to activities authorized under Section C of this Order: a. For purposes of subsection C.2. of this Order, the term "structures" includes: (1) Utility infrastructure, including wastewater treatment plants, substations, lift stations, solid and hazardous waste facilities, utility lines (including transmission and 9 0 distribution), poles, towers, support structures, cables, conduits, outfalls, intake structures, and pipelines; (2) Roads, bridges, culverts, driveways, sidewalks, bike paths, and other similar public and private infrastructure; (3) Public, private, and commercial habitable and non-habitable buildings, and structures.ancillaryto these buildings, such as garages, cabanas, storage .sheds, bath houses, pools, and decks; (4) Piers:;(including docks, boardwalks; observation platforms, boat houses, , N and:gazebos),and pilings; 41y " � •yl ('5) Shore=stabilization structures,. such as seawalls, bulkheads, revetments, �- breakwaters, and groins; (6) Fences, signs, and billboards; and (7) Buoys, navigational aids, and channel markers. b. For purposes of subsection C.2.:of this Order, the term "drainage systems" includes ditches, canals, ponds, 6wales, and other surface water conveyances; dams, weirs, dikes, and levees; underdrains,.outfalls, and associated water control structures. C. For purposes.of subsections C.2., C.3., and C..4. of this Order, the term "water dependent activity" means an activity that:can only be conducted in, on, over, or adjacent to water areas because the activity requires direct access to the waterbody or state owned submerged lands for transportation, recreation, energy production or transmission, or source of water, and where the use of the water or state owned submerged lands is an integral part of the activity. 10 1 1 d. For purposes of subsections C.2. and C.3. of this Order, the term "completely destroyed" means none of the structure that existed before the Hurricane remains standing. For example, if at least one piling of a dock or pier remains in place as constructed, then the structure has not been completely destroyed. e. For purposes of this Order, the term "water management districts" shall mean the Northwest Florida, St. ,Johns River, Suwannee River, Southwest Florida, and South Florida Water Management Districts, as they are affected within the Emergency Area. 2. Environmental Resource, Dredge and. Fill, and Surface Water Management Activities This subsection applies to activities located in uplands and waters of the state; including wetlands, but excludes activities located along. the sandy beaches or inlets fronting the Atlantic Ocean and the Gulf of Mexico-seaward of the:Coastal Construction Control Line {CC.CL) in counties where a CCCL has been established (these activities are addressed in subsection C.3. of this Order.). The public is advised that Sections 403 813(1)(b), (d), (e), (f), (g), (h), 0), (1), (n), (p), or (t), Florida Statutes, and the corresponding rule exemptions of the Department arid water management districts, authorize ..certain repair, restoration, and replacement activities, provided the terms, conditions, and limitations of the exemptions are followed. Such activities located in, on, or over state owned submerged lands that do not qualify for consent under Rule 18- 21.005(l)(0), Florida Administrative Code, are hereby granted. a Letter of Consent under Rule 18-21.005(1)(c), Florida Administrative Code, provided all the terms and conditions of those rules are met (including certain restrictions for activities performed within 11 aquatic preserves and Monroe County), and provided that activities that require an easement under Rule 18-21.00(1)(f), Florida Administrative Code, must obtain the applicable state owned submerged lands easement under Chapter 18-21, Florida Administrative Code, within one year of expiration of this Order. This Order does not limit the provisions of those statutory and rule provisions. The following activities are authorized to be undertaken in the Emergency Area to repair, restore, or replace structures, land, and submerged contours to the conditions that were authorized or otherwise legally existing immediately prior to the Hurricane, provided the repair and restoration activities do not result in any expansion; addition, or relocation of the existing structure or systems., subject to the limitations in this Order. However, this Order does not authorize the construction of structures that did not exist prior to the Hurricane, unless specifically.authorized below. a. No Notice Required. The following, activities are authorized tobe conducted under this Order without notification to the. Department or water management district: (1) Temporary and permanent repair or restoration of structures and drainage systems that are not completely destroyed to the conditions, dimensions, and configurations that were authorized or otherwise legally existing immediately prior to the Hurricane, provided the repair-arid restoration activities do not result in any expansion, addition, or relocation of the existing structure or systems, and provided any such structures or drainage systems in, on, or over state owned submerged lands are water dependent. This may include the use of different construction materials or minor 12 deviations to allow upgrades to current structural and design standards, or to replace a seawall with a riprap revetment. (2) The restoration (regrading, dredging, or filling) by local, regional, and state governments of upland surfaces, wetlands, and submerged land contours to the conditions and configurations that were authorized or otherwise . legally existing immediately prior to the Hurricane, provided the restoration does not result in any expansion or addition of. land or deepening of waters beyond that which existed immediately prior to the Hurricane, subject to the following limits: (a) The removal or deepening of plugs formerly separating canals from other waters is specifically not authorized by this-Order; (b) In the case of dredging, all excavated material shall either be deposited on uplands that are diked or otherwise sloped or designed to prevent any discharge into wetlands or other surface waters, or shall be used to restore bottom contours and shorelines to the conditions existing immediately prior to the Hurricane, .subject to (c), below, (c) In the case where upland or dredged material is placed in.water to restore pre-existing conditions, only clean material (free from debris and pollutants) from the uplands that existed prior to the Hurricane may be used in the restoration, and no Change (.from the conditions that legally existed immediately prior to the Hurricane) in the slope of the land or the type; nature, or configuration .of any pre-existing shoreline stabilization materials is authorized (e.g., :sloping revetments cannot be replaced with vertical seawalls, and rock rlprap cannot be replaced with interlocking blocks); 13 f (d) Best management practices and devices such as hay bales, mulch, and floating turbidity screens shall be used to prevent violations of state water quality standards for turbidity during the performance of restoration activities, in accordance with the guidelines and specifications in the Florida Stormwater, Erosion; and Sediment Control Inspector's Manual(Florida Department of Environmental Protection and Florida Department of Transportation, Sixth Impression, July 2008, http:/Iwww.dep.ste to-fl.us%water/noni)oint/docs/erosion/erosion-inspectors-.manual.pdf); and the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (HydroDynamics Incorporated in cooperation with Stormwater Management Academy, June 2007, http://www.dot.state.fl.us/construction/Engineers/Environment/PagesErosionSedimentM anual 0309..pdf). Best.management practices also shall be used to prevent erosiorn.and retain sediment of all newly established:or restored exposed shorelines during and after the restoration activities, which may include methods.such as planting of temporary and permanent vegetation, and placing of clean natural rock or .concrete rubble nprap; (e) Any fill that is deposited to restore a former shoreline, and any, riprap that is used to stabilize:a shoreline, must not be placed any farther waterward than the toe of slope of the shoreline that legally existed immediately prior to the Hurricane. If the pre- Hurricane shoreline was stabilized with a functioning seawall or riprap, the seawall or riprap may be restored at its former location or within 18 inches (or, within an aquatic preserve, 1 foot) waterward of the location where the seawall or riprap legally existed immediately prior to the Hurricane, as measured from the face of the existing seawall 14 slab to the face of restored seawall slab or from the front slope of the. existing riprap to the front slope of the restored nprap; and (f) This section shall not constitute authorization to fill submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund, except as provided above. (3) Removal of debris, including sunken or grounded vessels, vegetation, and structural remains that have been deposited into waters, wetlands, or uplands by the Hurricane, where such removal .does not result in filling of wetlands or other surface waters, or dredging that creates or expands surface waters. All removed materials must be deposited on self-contained uplands and must be managed in accordance with Department rules or provisions of this Order. b. Field and.Individual Authorization Required (1) Field authorizations may be- .issued following a site inspection by Department or water management district personnel to restore structures and property • r to :authorized or otherwise. legally existing conditions that existed immediately prior to the Hurricane, recover property, protect property from further damage, maintain navigation, or protect public health, safety, and welfare, when such activities are not otherwise authorized by-statutory or rule exemptions or under paragraph C.2.a. of this Order. Specifically, field authorizations may be issued for: (a) Activities including the replacement of structures that are completely destroyed; (b) Activities on state owned submerged lands that are not water dependent; 15 (c) Restoration (regrading, dredging, or filling) of the contours of uplands, wetlands, and submerged bottoms by parties other than local, regional, or state governments; (d) Trimming or alteration of mangroves. that threaten public health, safety, welfare, or property, or that currently interfere with navigation; (e) Removal of debris, including sunken or grounded vessels, vegetation, and structural remains that has been deposited into waters, wetlands, or uplands by the Hurricane, the removal of which requires filling of wetlands or other surface waters, or dredging that creates or expands wetlands or other surface waters. Any wetlands or other surface waters that are dredged or filled to affect such removal must be. restored to the contours and conditions that existed before the Hurricane; and (f) Other activities determined by Department or wafer management district personnel as having the potential to result in only minimal adverse individual or cumulative impact on water resources andwater quality. (2) Field authorizations to replace structures. shall not preclude the use of different construction. materials or minor deviations to allow upgrades to current structural.and design standards, including, building cordes, or to a more environmentally compatible design, as determined by the Department or water management district., than existed immediately prior to the Hurricane. (3) Field authorizations may be requested by providing a notice to the District Office of the Department or water management district containing a description of the work requested, the DEP Facility 1.D. for the location, and providing the name, address, and telephone number of the representative of the owner or operator to contact 16 conceming the work. Field authorizations also may be issued by Department or water management district personnel without prior notice. Field _authorizations may not be issued unless requested on or before November 2, 2016. Written records of all field authorizations shall be created and maintained by Department and water management district personnel. Field authorizations may include specific. conditions for the construction, operation, and maintenance of the authorized activities. Field authorizations issued prior to the effective date of this Order remain in effect for the duration specified in the field authorization, but may be extended through written modification by the Department or water management district in accordance with the provisions of paragraph CA.h. of this Order.. Failure to comply with the conditions of'the field authorization may result in enforcement actions by the Department or water management district. 3. Coastal.Construction Control Line Activities This section applies to. activities conducted within the Emergency Area seaward of the CCCL as established by Chapter 62B-26, Florida Administrative Code. Emergency permits may be issued by the Division of Water Resource Management (Division) pursuant to Rule 62B-3.3.014, Florida.Administrative Code. A list of activities seaward of the CCCL that are exempt from CCCL permitting requirements is contained in Rule 62B-33:004, Florida Administrative Code, and Section 161.058(l 1), Florida Statutes. You may contact the Division directly by mail at 2600 Blair Stone Road, Mail Station 43500, Tallahassee, Florida 32399-2400, by phone at 850/245-7665, or by fax at 850/245-8356. 17 This Order does not authorize the. construction of permanent structures that did not exist prior to the emergency, nor does it authorize beach scraping performed by itself or in association with any other activities. In addition, activities that extend onto state owned lands. of Florida seaward of the mean high-water line that would typically require a permit pursuant to Sections 161.041 and/or 161.055, Florida Statutes, (i.e., regulated under the Joint Coastal Permit program (JCP)) are not authorized under this subsection. JCP activities are addressed separately-in subsection CA. of this Order. a. Activities Undertaken by Local Governments, the Department's Division of Recreation and Parks, Florida Department of Transportation, and Utility Companies The following activities may be undertaken * by local governments, the Department's Division of Recreation and Parks, Florida Department of Transportation, and utility companies to protect, repair, or replace structures and property without notice to the Department-or water management district, subject to the limitations below. Work performed.under paragraph C.3.8. must be..completed by November 1, 2017. (1) Removal of Hurricane generated debris: Prior to removing Hurricane- generated debris, and to the greatest extent possible, beach compatible sand should be separated from the debris and kept on-site. To prevent debris from becoming buried, all Hurricane-generated debris shall be removed prior to conducting any fill activities. (2) The repair of the following public facilities:. utilities, roads, and beach access ramps. (3) Return of sand to the beach and dune system that has been deposited upland by the Hurricane, and restoration, of a damaged dune system using beach 18 compatible sand from an upland source. The fill material shall not cover any Hurricane- generated debris or construction debris. All fill material shall be sand that is similar to the pre-Hurricane beach sand in both coloration and grain size and be free of debris, rocks, clay, or other foreign matter. No sand may be obtained from the beach or below the mean high water line seaward .of the CCCL without specific written authorization from.the Department. b. Activities Requiring Local Authorization Local governments are authorized to issue permits in lieu of Department permits to private and public property owners for the activities listed below. Local governments shall notify the Department in writing within three (3) business days of permits issued under this section. Work authorized by focal governments must be completed within ninety(90)days of the expiration of this Order. (1) Temporary or remedial activities-that are necessary to secure structures in order to removesafety hazards.and prevent further damage or collapse of foundations. (2) Temporary wooden retaining walls,. cantilever sheetpile walls (without concrete caps, tiebacks, or,other reinforcement), sandbags less than 100 lbs. filled bag, or similar structures. Temporary armoring must be removed within sixty (60.) days of installation, or the individual must seek authorization from the Department within sixty (60) days of installation, in order to keep the temporary armoring in place. Pursuant to. Section 161.065(3), Florida Statutes, this Order does not authorize local governments to permit geotextile containers as the core of a reconstructed dune for the purposes of temporary armoring. 19 (3) Repair or replacement of minor ancillary structures (such as stairs, landings, and HVAC platforms) and services utilities that are associated with the existing habitable structure. The repair of minor ancillary structures or service 'utilities shall not exceed the size of the original structure or service utility damaged or destroyed by the Hurricane. Repair of surviving beach/dune walkovers is authorized provided .the structure is.substantially intact .and the repair allows for adjustments to be made to the seaward terminus of the walkover if necessary to accommodate changes in the shoreline topography and native salt-resistant vegetation patterns resulting from the post-Hurricane recovery-of the beach and dune system. (4) Permanent repair of foundations for buildings that have not been substantially damaged. (5) The replacement or repair of caps and anchoring systems (or tiebacks)for seawalls or bulkheads. (6) Restoration of a damaged dune system using beach compatible sand from an upland source. All fill material shall be sand that is similar to the pre-'Hurricane beach sand in r both coloration and grain size and be free, of debris, rocks, .clay, or other foreign matter. No sand may be obtained from the beach or below mean high water seaward of the CCCL without specific written authorization from the Department. (7) Return of sand to the beach dune system which has been deposited upland by the Hurricane. The recovered fill material shall be free of debris and not cover any Hurricane- generated debris or construction debris. 20 C. Other Activities (1) Actions taken by local governments, the Department's Division of Recreation and Parks, Florida Department of Transportation, and utility companies under paragraph C;3.a., and actions taken by local governments under paragraph C.3.b. of this Order, do not require additional permits from the Department. (2) Subsection C.3. does not authorize the following activities: (a) Permanent repair of foundations of major structures which have been substantially damaged; (b) Rebuilding of, or substantial improvements to, major structures; (c) The repair or reconstruction of coastal or shore protection :structures except as allowed under subparagraph C.3.b.(5).; or (d) Replacement of walkover structures, retaining walls, decks, gazebos, and other similar structures. (e) Local governments to permit geotextil'e containers as the core of a reconstructed dune for the. purposes of temporary armoring. (3.) Activities not covered by subsection. C.3. of this Order may require a permit from the Department under Section 161.053, Florida Statutes, and Chapters 62B-33 or 62B-34, Florida Administrative Code. For, more information, please contact the Division of Water Resource Management by mail at 2600 Blair Stone Road, Mail Station #3500,: Tallahassee, Florida 32399 2400, by phone at 850/245-7665, or by fax at 850/245-8356. 4. Joint Coastal Permit Activities 21 i This subsection applies to certain activities along the natural sandy beaches of the Atlantic Ocean or the Gulf of Mexico that extend onto sovereignty lands of Florida, seaward of the mean high-water line (MH1 VL), and:are likely to. have a material physical effect on the coastal system or natural beach and inlet.processes, Le., :activities that are regulated under the JCP program, pursuant to Sections 161.041 and/or 161.055, Florida Statutes. a, In lieu of a JCP for activities summarized above, federal, state, or local governments may apply to the Beaches, Inlets and Ports Program (Bureau) for emergency authorizations to alleviate hazardous conditions resulting from the Hurricane that pose an- immediate danger to fife or limb, including sudden and unpredictable hazards to navigation. in order to be eligible for an emergency authorization under subsection C.4: of this Order, an applicant must meet theT following.criteria: (1) The application must be received by the Bureau within thirty (30) days of issuance of the Department's Order at the following.email address: BIPP" ,dep.state.fl.us (2) The hazardous conditions are :a result of the Hurricane :identified in the Department's Order and did not.exist prior to the Hurricane. (3) The proposed measures are limited to the minimum amount necessary to alleviate the hazardous conditions by temporarily stabilizing the structure or clearing the channel, until a JCP application can be processed to.address.the long-term repair; (4) Fill material shall not extend seaward of', the MHWL that existed immediately before the Hurricane; (5) Navigational dredging shall not exceed channel depths that existed immediately before the Hurricane; 22 (6) Reconstruction of non-water dependent structures on sovereign submerged lands is prohibited; (7) Fill may only be placed seaward of the MHWL to temporarily stabilize an upland structure, if that structure is in danger of imminent collapse and that structure was located behind the primary dune line prior to the Hurricane; (8) The placement of fill may only extend the MHWL seaward of the current (post-Hurricane) location if the applicant provides proof that the riparian owner(s) has obtained a disclaimer from the Departments Division of State Lands, under Rule 18- 21.019, Florida Administrative Code, for the proposed project site, a memorandum from the Department's. Division of State Lands acknowledging the storm-related occurrence of avulsion for-the proposed project site; or documentation from the Department.that a valid erosion control line has been:established at the fill site. l (9) Any fill material placed on the .beach must meet the criteria for beach- quality sand in Section 62B-41.007(2)0), Florida Administrative Code; (10) The.proposed measures must not cause water quality violations outside of the mixing zone, established pursuant to Rule 624.244, -Florida Administrative Code; and (11) The proposed measures must not adversely .affect persistent hardbottom communities, seagrass communities, or functional marine turtle nesting habitat, and shall not contribute to erosion of adjacent properties. b. Emergency authorizations shall expire ninety(90) days after issuance. C. Application fees and noticing requirements are waived for projects that are eligible for this emergency authorization. 23 d. Activities not covered by subsection C.4. of this Order may require a JCP permit from the Department under Sections 161.041 or 161.055, Florida Statutes, and Rule 6213-49, Florida Administrative Code. For more information, please contact the Bureau by email at BIPP a dep.state.fl.us or by phone at 850/245-.7593. If the activities are associated with the repair of damage from the Hurricane identified in- the Department's Order, and the applicant can demonstrate that expeditious processing of the JCP application is necessary to meet state or federal recovery efforts, including funding deadlines, the Department may deviate from the standard procedures as follows: (1) Processing fees may be waived; and (2) The requirement to publish a Notice of Receipt of Application and a Notice of Intended Agency Action pursuant to Rule 62B-49.005(8), Florida Administrative .Code, may be waived, along with the associated 14-day waiting period. (3) Pursuant to Rule 62B-49:005(9), Florida Administrative. Code, agency actions under paragraph CA.d. are still subject to rights under Chapter 120, Florida Statutes. 5. NPDES Stormwater Construction Generic.Permit This subsection applies to any construction activity authorized .by this Order that would require coverage under the Generic Permit for the Discharge of Stormwater Associated with .Large and Small Construction Activities pursuant to Rule 62- 621.300(4.), Florida Administrative Code. For these construction .projects, operators of the sites, and their licensed engineers and subcontractors, are authorized to make all necessary repairs to restore essential services and repair or replace (as necessary) all 24 structures to their pre-Hurricane permitted or registered condition without prior notice to the Department. All best marragement practices must be in accordance with the guidelines and specifications of the State of Florida Erosion and Sediment Control Designer and Reviewer Manual, (Florida Department of Transportation and Florida Department of Environmental Protection, 2013, hftps://www.flruies.org/Gateway/reference.asp?No=P,ef-04227). Within thirty (30) days of commencing the work of'such repair or replacement, however, the owner or operator shall submit to the Department a.completed Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities [Form Number 62- 621.300(4)(b)]. 6. General Conditions a. All activities conducted under subsections C.2., C.3., and CA of this Order shall be performed using appropriate best management practices 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). For activities conducted in or discharging to wetlands or other surface waters, best management practices include properly installed and maintained erosion and turbidity control devices to prevent erosion and shoaling, control turbidity, prevent violations of state water quality standards, and protect the functions provided by wetlands and other surface waters to fish, wildlife, and listed species. b. The authorizations in subsections C.2., C.3., and C.4. of this Order shall not apply to structures and associated activities that were not legally existing or 25 otherwise properly authorized by all applicable agencies before. the passage of the Hurricane: C. Applicable environmental resource, surface water management, dredge and fill, CCCL, and JCP permits shall be required following provisions of statute and rule for other activities not authorized in this Order that do not otherwise qualify as an exempt activity under statute or rule.. d. The nature, timing, and sequence of construction authorized under this Order shall be conducted in such a manner as to provide protection to, and so as to not disturb, native salt-resistant vegetation and listed species and their habitat,. including threatened or endangered sea turtles, endangered manatees, endangered beach mice, endangered plant communities, and migratory shorebirds. If activities conducted under subsection C.3. of this Order occur during the marine turtle nesting season (March 1 through October 31 in Brevard, Indian River, St. Lucie, Martin, and Broward counties, May 1 through October 31 in all other coastal counties within the state), such activities must be coordinated with the Florida Fish and �Idiife Conservation Commission's Imperiled Species Management Section to ensure that all activities comply with state and federal requirements for the protection of sea turtles, their nests, hatchlings, and nesting habitat. e. ,Nothing in this Order authorizes the taking, attempted taking, pursuing,. harassing, capturing, or killing of any species (or the nests or eggs of any species) listed under Rule 68A-27, Florida Administrative Code, or under the Federal Endangered Species Act. 26 f. Persons.are advised that all structures that are rebuilt should be rebuilt in accordance with all applicable local, state, and federal building. standards and requirements of the Federal Emergency Management Agency. g. It is recommended that, where possible, owners of property should maintain documentation (such as photos) of the condition of the structures or lands as they existed prior to initiating any activities authorized under this Order, and should provide such documentation to the Department if requested to do so. h. Activities authorized under subsection C.2. of this Order must be completed as follows: (1) By November 1, 2017 for activities that qualify under the No Notice provisions of paragraph C.2.a. of this Order; (2) By the. date specified in the field authorization far activities that qualify under the provisions of subparagraph 13:2.b.(1). of this Order.. However, the deadline for completing such activities may be extended if a written request with accompanying documentation as described below is submitted by the person(s) authorized in the field authorization and received by the District Office of the Department that issued the field authorization at least thirty (30) days prior to expiration of the field authorization. Such request must be accompanied by a statement that contractors or supplies are not available to complete the work, or that additional time is needed to obtain any required authorization from the U.S. Army Corps of Engineers. The permittee should maintain a list of contractors that have been contacted and a record of supplies that are on backorder as needed to demonstrate compliance with this provision.. 7. Authorization to Use State Owned Submersed Lands 27 The Department has been delegated by the Board of Trustees of the. Internal Improvement Trust Fund the authority to grant the following authorizations to use state owned submerged lands, that is, lands lying waterward of the line of mean high water, erosion control line, or ordinary high water line, in association with the structure or activity subject to repair, restoration, removal, or replacement authorized in this,section. a. Except as provided in paragraphs C.6.4.; c.,-and d., and subsection D.1. of this Order, activities authorized under this Order involving the repair, replacement, or restoration of the activities and structures, and the removal of debris located on submerged lands owned by the state. that do not qualify- for,consent by rule under Section 18-21.005(1)(b), Florida Administrative Code, are hereby granted a Letter of Consent under Section-18-21.005(1)(c), Florida Administrative Code, provided: (1) Such repair; restoration; replacement, or removal is conducted in accordance with the terms, conditions, and,limitations of this Order; (2) The structure or activity subject to repair, restoration, or replacement was authorized by the Board of Trustees of the Internal Improvement Trust Fund prior to the Hurricane, or was otherwise legally existing immediately prior to the Hurricane; (3) The activities are conducted solely to repair, restore, or replace structures or land that was damaged by the Hurricane, or to..remove debris resulting solely from the Hurricane; and (4) The structures and activities are repaired, restored', or replaced in the same location_ and configuration as was authorized by the Board of Trustees of the Internal Improvement Trust Fund or which otherwise legally existed immediately prior to the Hurricane. 28 (5) All the terms and conditions of Rule 18-21.005(1)(b) [Consent by Rule] or 18-21.005(1)(c) [Letter of Consent], Florida Administrative Code, as applicable, are met (including certain restrictions for activities performed within aquatic preserves and Monroe County), and provided that activities that require an easement under Rule 18- 21.005(1)(f), Florida Administrative Code, must obtain the applicable state owned submerged lands easement under Chapter 18-21, Florida Administrative Code, within one year of expiration of this Order. This Order does not limit the provisions of those statutory and rule provisions. a. Non-water dependent structures, grandfathered, are not authorized to be repaired, restored., or replaced when more than 50 percent of the structure or activity is lost(based on the cost to repair, restore, or replace the structure or activity);. b. Water dependent. structures that were legally existing .immediately before the Hurricane but not in conformance with the current criteria of Chapters 18-18, 18-20, or 18-21, Florida Administrative Code, as applicable, may be repaired, restored, or replaced to the footprint that existed immediately before the Hurricane, but shall, to the greatest extent practicable, be repaired, restored, or replaced to meet the current criteria.of Chapters 18-18, 18-20., and 18-21., Florida Administrative-Code, as applicable, with respect to design features such as the elevation of decking surfaces and spacing of deck-planking. C. This Order does not authorize the .reconstruction or repair of.unauthorized structures. 8. Water and Wastewater Plants and Collection and Distribution Systems 29 a. Owners and operators of water and wastewater plants and collection and distribution systems, and their licensed engineers and contractors, .are authorized to make all necessary repairs to restore essential services and repair or replace (as necessary) all structures, equipment, and appurtenances of the plants and systems to their pre-Hurricane permitted or registered condition without prior notice to the Department. Within thirty (30) days of commencing the work of such repair or replacement, however, the owner or operator shall notify the Department in writing, describing the nature of the work, giving. its DEP Facility I.D. for the location, and providing the name, address, and telephone number of the representative of the owner or operator to contact concerning the work. b. Owners and operators of underground injection control Class V Group 6 stormwater and lake level control wells in existence.and functioning immediately before the Hurricane are authorized, without prior permission by the Department, to lower the intake structure to allow a greater volume of lake water to flow down the wells when not to do so would result in immediate flooding of structures not usually inundated by such lake waters. Within three (3). days of lowering said structures, written notice shall be provided.to the District Office of the Department in which the structure is located. 9. Suspension of Fees For those activities noted above, subject to the limitations, duration, and other provisions of this Order, the following application fee, base fee, and minimal annual lease fee requirements of Sections 161.041, 161.053, 161.0535, 161.055, and 373.109, Florida Statutes, and Chapters 18-18, 18-20., 18-21, and 62-4, Florida Administrative Code, shall be suspended as follows: 30 a. For structures and activities authorized under paragraphs C.2.a.,or C.3.a. of this Order, the lessee may submit.a written request to the Division of State Lands (at 3900 Commonwealth Boulevard, MS #130, Tallahassee, Florida 32399-30.00) to waive applicable lease fees. In such cases, the owner must identify and document (such as with currently-dated photographs.)the area (in square feet) of the structure or facility that is no longer useable. When such documentation is received and deemed sufficient, lease fees will be waived, but only for that portion :of the structure that is no longer useable. b. When the restoration or replacement of individual structures (such as a dock or pier) or entire facilities (such as marinas) on state owned submerged lands that are completely destroyed is authorized by'a field authorization under paragraph C.2.b. of this Order, applicable lease fees will be waived for the duration described in paragraph c. below. C. Lease fees that are waived under paragraphs. a. or b. above,, will be waived only for the duration of this Order (including. subsequent extensions thereto) unless otherwise provided in a field authorization issued under paragraph C.2.b. of this Order, or until. the repairs, restoration, or replacement commences, whichever is earlier. The duration of the waiver of suspension of lease fees may be extended beyond the duration of this. Order (including subsequent extensions thereto) or beyond the date specified in a field authorization issued under paragraph C.2.b. of this Order, upon a written request by the lessee to extend the waiver of the lease fees. Such request must be received by the Division of State Lands before the expiration of this Order (or extensions thereto), or before the date specified in the field authorization 31 (whichever date is later), and must be accompanied by a signed statement that construction has not yet commenced because contractors or supplies are not available to commence the necessary repairs, restoration, or replacement, or because additional time is needed to obtain any required authorization from the U.S. Army Corps of Engineers or local government. Such request for extension of the waiver of lease fees must also contain a reasonable. schedule for when repair, restoration, or replacement will commence.. d. In all cases where lease fees are waived under paragraph a.(1) above, the lessee must notify the Division of State Lands, at the address stated in paragraph a., above, of the time repair, restoration, or replacement construction commenced. D. GENERAL PROVISIONS 1. General Limitations The Department issues this Emergency Final Order solely to address the emergency created by the Hurricane. This Order shall not be construed to authorize any activity within the jurisdiction of the Department except in accordance with the express terms of this Order. Under no circumstances shall anything contained in this Order be construed to authorize the repair, replacement, or reconstruction of any type of unauthorized or illegal structure, habitable, or otherwise. This Order does not convey any property rights or any rights or privileges other than those specified in this Order. 2. Suspension of Statutes and.Rules Within the Emergency Area, the requirements and effects of statutes and rules which conflict with the provisions of this Order are suspended to the extent necessary to implement this Order. 32 To the extent that any requirement to obtain a permit, lease, consent of use, or other authorization is waived by this Order, it should also be construed that the procedural requirements for obtaining such permit, lease., consent of use, or other authorization, including requirements for fees and.publication of notices, are suspended for the duration of this Order, except as provided in subsection C.8. 3. Review of Requests for Field Authorizations It is the intent of the Department to act on requests for field authorizations in a timely and expeditious manner. The Department may require the submission of additional information as is .necessary. 4. Other Authorizations Required This Order only provides relief from the specific regulatory and proprietary requirements addressed herein for the duration of the Order, and does not provide relief from the requirements of other federal, state, water management districts, and local agencies: This Order therefore does not negate the need for the property owner to obtain.any other required. permits or authorizations, nor from the need to comply with all the requirements of those agencies, This Order-does not provide relief from any of the requirements of Chapter 471, Florida Statutes, regarding professional engineering. Activities subject to federal consistency review that are emergency actions necessary for the repair of immediate, demonstrable threats to public health or safety are consistent with the Florida Coastal Management Program if conducted in strict conformance with this Order. 5. Extension of time to comply with specified deadlines 33 For facilities and activities regulated by the Department in the Emergency Area, this Order extends by thirty (30) days the time to comply with the following specified deadlines that occur between the date of issuance of this Order and the expiration of this Order: a. The time deadlines to conduct or report periodic monitoring or any other similar monitoring that is required by a permit, lease, easement, consent of use, letter of consent, consent order, consent agreement, administrative order, or other authorization under Chapters 161, 253, 258, 373, 376, or 403, Florida Statutes, and rules adopted thereunder, except for monitoring required by air permits issued under Title IV or V of the Clean Air Act or under the Prevention of Significant Deterioration (PSD) program; b. The time deadlines to file an application for an extension of permit duration or renewal of an existing permit, lease, easement, consent of use, letter of consent, or other authorization under Chapters 161, 253,.258, 373, 376, or 403, Florida Statutes, and rules adopted thereunder, except for air permits issued under Title V of the Clean Air Act; C. The time deadlines to file an application for an operation permit under Chapters 161, 253, 258, 373, 376, or 403, Florida Statutes, and rules adopted thereunder, except for air permits issued under Title V of the Clean Air Act; d. The expiration date for an existing permit, lease, consent of use, or other authorization under Chapters 161, 253, 258, 373, '376, or 403, Florida Statutes, and rules adopted thereunder, except for air permits issued under Title V of the Clean Air Act; and 34 e. The time deadlines to obtain a :permit for :and commence construction of the initial phase of a system for which a conceptual permit was issued pursuant to Part IV of Chapter 373, Florida Statutes, or Sections 403.91 —403.929, Florida Statutes, and rules adopted thereunder. 6. Permit Extensions During States of Emergency The public is advised that Section 252.363., Florida Statutes, provides for tolling and extending the expiration dates of certain permits and other authorizations following the declaration of a state of letnergency. Affected permits,include authorizations granted by the.Department, water management district, or delegated local government, pursuant to part IV of Chapter 373, Florida Statutes, and Joint Coastal Permits issued under Rule 6213-49, Florida,Administrative Code. The extension provisions of Section 252.363, Florida Statutes, do not apply to: a. Permits that: (1) Authorize activities that occur outside the geographic area affected by the declaration of a state of emergency; (2) Include authorization under a programmatic or regional general permit issued by the U.S. Army Corps of Engineers; (3) Are held by a permittee.in significant non-compliance; or (4) Are subject to a court order specifying an expiration date or buildout date that would be.in conflict with the.extensions granted iri this section. b. State owned submerged lands authorizations under Chapters 253 or 258, Florida Statutes; c. Formal determinations of the landward extent of wetlands and other surface 35 t , l waters; or d. Verifications of exemptions from permitting criteria. To receive an extension under Section 252.363, Florida Statutes, the holder of a valid, qualifying permit must notify the authorizing agency in writing within ninety (90) days of the expiration of a declaration of emergency,. as established in a Governor's Executive Order. The duration of the tolled period remaining to exercise the rights under ape rmit shall be equal to six (6) months in addition to the duration of the declaration of emergency. 7. Deadlines for Agency Actions For each .of the following offices, any deadlines specified in statutes, rules, agreements, or Department orders, under which the Department is required by law to take action within a specified time'period, and under which failure by the. Department to timely take such action could result in -any type of default binding on the Department, are hereby suspended and -tolled for a period of seven days from the date of this Order, provided suchAead line had not expired as of the effective date.of this Order: a. Each Department office and delegated local program that sustains, within its geographic boundaries; any significant physical damage occurring as a direct result of the. Hurricane. This includes. Department offices located outside the impacted area. that perform any of-their duties in the.impacted area. b. Any office of the Department not directly impacted by the Hurricane if that office has deployed staff to any District Office of the Department or delegated local program specified above, or to any water management district office in an impacted 36 r area, to assist in Hurricane relief efforts or to supplement the normal staff in those impacted offices. 8. Expiration Date This Emergency Final Order shall take effect immediately upon execution, and shall expire on November 2, 2016.unless modified or extended by further order. 9. Violation of Conditions of Emergency Final Order Failure to comply with any condition set forth in this Order shall constitute a violation of a Department Final Order under Chapters 161, 253, 258, 373, 376, and 403, Florida Statutes, and enforcement proceedings may be brought in any appropriate administrative or judicial forum. 1.0. Applicability to,Delegated.Programs The provisions of this Order apply in those cases where a water management distract, local government, or other entity is acting for the Department in accordance with a delegation agreement, operating agreement, or contract: Such water management district, local government, or other entity shall comply with the terms.of this Order to the extent that it. is acting as an agent of the Department. This Order does not apply in those cases where a water management district, local government, or other entity is acting under its.own independent authority. NOTICE OF RIGHTS Pursuant to Section 120.569(2)(n), Florida Statutes, any party adversely affected by this Order has the right to seek an injunction of this Order in circuit court or judicial review of it under Section 120.68, Florida Statutes. Judicial review must be sought by filing a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure., 37 with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard., Mail Station #35, Tallahassee, Florida 32399-3000, and by filing a copy of the notice of appeal, accompanied by the applicable filing fees, with the appropriate district coui�,fof,:appeal. The notice of appeal must be fled within thirty (30) days after this Order is filed with the Clerk of the Department. DONE AND ORDERED on this 5th day of October, 2016, in Tallahassee, Florida. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Jontaa P. Steverson, Secretary 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 FILED on tb' ate; pursuant to §120 Florida tatutes., with the d .s"gnated Depa ment Clerk, receipt w ' is--here y acknowledged. ,R DATE: 38