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HomeMy WebLinkAboutS FL WATER MANAGEMENT GENERAL PERMITr' General Conditions for All General Permits, 62-330.405, F.A.C. 1. 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 and shall subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. 2. The general permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any construction, alteration, operation, ma'ntenance, removal or abandonment authorized by this permit; and it does not authorize any violation of any other applicable federal, state, local, or special district laws (including, but not limited to, those governing the "take" of listed species). 3. ThiT 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. 4. 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 that violates state water quality standards. 5. Section 253.77, F.S., provides that a person may not commence any excavation, construction, or other activity involving the use of state-owned 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 consent, lease, easement, or other form of authorization authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on state-owned lands. 6. The authorization to conduct activities under a general permit may be modified, suspended or revoked in accordance with -Chapter 120, F.S., and Section 373.429, F.S. 7. The general permit is not transferable to a new third party. To be used by a different permittee, a new notice to use a general permit must be submitted in accordance with rule 62-330.402, F.A.C. Activities constructed in accordance with the terms and conditions of a general permit are automatically .authorized to be operated and maintained by the permittee and subsequent owners, in accordance with subsection 62-330.340(1), F.A.C. Any person holding the general per it, persons working under the general permit, and owners of land while work is conducted under 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 project, activity, or the real property at which the permitted project or activity is 8. Upen reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the permitted system to ensure conformity with the plans and specifications approved by the general permit. 9. The permittee shall maintain any permitted project or activity in accordance with the plans submitted to the Agency and authorized in this general permit. 10. A permitee's right to con�_wJit a specific activity under this gene ,tai)permit is authorized for a dgration of five years. 11. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance -based erosion and sediment control best management practices shall be implemented and maintained immediately prior to, during, and after construction as needed to stabilize all disturbed areas, including other measures specified in the permit to prevent adverse impacts to the water resources and adjacent lands. Erosion and sediment control measures shall be installed and maintained in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation, June 2007), available at https://www.flruies.org/Gateway/reference.asp?No=Ref-04227, and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), available at I http://publicfiiles.dep.state.fl.us/DEAR/Stormwater_Training_Docs/erosion-inspectors- manual.pdf. 12. Unless otherwise specified in the general permit, temporary vehicular access within wetlands during construction shall be performed using vehicles generating minimum ground pressure to minimize rutting and other environmental impacts. Within forested wetlands, the permittee shall choose alignments that minimize the destruction of mature wetland trees to the greatest extent practicable. When needed to prevent rutting or soil compaction, access vehicles shall be operated on wooden, composite, metal, or other non -earthen construction mats. In all cases, access in wetlands shall comply with the following: (a) Access within forested wetlands shall not include the cutting or clearing of any native wetland tree having a diameter four inches or greater at breast height; (b) The maximum width of the construction access area shall be limited to 15 feet; (c)�1 All mats shall be removed as soon as practicable after equipment has completed passage through, or work has been completed, at any location along the alignment of the project, but in no case longer than seven days after equipment has completed work or passage through that location; and (d) Areas disturbed for access shall be restored to natural grades immediately after the maintenance or repair is completed. 13. Bahges or other work vessels used to conduct in -water activities shall be operated in a manner that prevents unauthorized dredging, water quality violations, and damage to submerged aquatic communities. 14. The construction, alteration, or use of the authorized project shall not adversely impede navigation or create a navigational hazard in the water body. 15. Except where specifically authorized in the general permit, activities must not: (a) Impound or obstruct existing water flow, cause adverse impacts to existing surface water storage and conveyance capabilities, or otherwise cause adverse water quantity or flooding impacts to receiving water and adjacent lands; or (b) Cause an adverse impact to the maintenance of surface or ground water levels or surface water flows established pursuant to section 373.042, F.S., or a Works of the District established pursuant to section 373.086, F.S. 16. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, stone tools, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all ivities involving subsuru6 a disturbance in the vicinity of the"oscovery. The permittee or er designee shall contact the Florida Department of State, Division of Historical Resources, mpliance Review Section (DHR), at (850)245-6333, as well as the appropriate permitting )ncy office. Project activities shall not resume without verbal or written authorization from Division of Historical Resources. If unmarked human remains are encountered, all work all stop immediately and the proper authorities notified in accordance with section 872.05, F. 17. The activity must be capable, based on generally accepted engineering and scientific principles, of being performed and of functioning as proposed, and must comply with any applicable District special basin and geographic area criteria. 18. T,e permittee shall comply with the following when performing work within waters accessible to federally- or state -listed aquatic species, such as manatees, marine turtles, smalltooth sawfish, and Gulf sturgeon: (ay All vessels associated with the project shall operate at "Idle Speed/No Wake" at all times w'Ihile in the work area and where the draft of the vessels provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. (b) All deployed siltation or turbidity barriers shall be properly secured, monitored, and maintained to prevent entanglement or entrapment of listed species. (c) All in -water activities, including vessel operation, must be shut down if a listed species comes within 50 feet of the work area. Activities shall not resume until the animal(s) has moved beyond a 50-foot radius of the in -water work, or until 30 minutes elapses since the last sighting within 50 feet. Animals must not be herded away or harassed into leaving. All onsite project personnel are responsible for observing water -related activities for the presence of listed species. (d� Any listed species that is killed or injured by work associated with activities performed shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1(888)404-3922 and ImperiledSpecies@myFWC.com. (e) Whenever there is a spill or frac-out of drilling fluid into waters accessible to the above species during a directional drilling operation, the FWC shall be notified at ImperiledSpecies@myfwc.com with details of the event within 24 hours following detection of the spill or frac-out. 19. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any activity authorized by the general permit. 20. The permittee shall immediately notify the Agency in writing of any submitted information that is discovered to be inaccurate. Specific Conditions for General Permits, 62-330.427, F.A.C. 1. Construction or extension of the boat lift, boat mooring locations, or terminal platform, shall not occur over submerged grassbeds, coral communities or wetlands. However, the access walkway portion of the pier may traverse these resources provided it is elevated a minimum of five feet above mean high water or ordinary high water, contains handrails that are maintained in such a manner as to prevent use of the access walkways for boat mooring or access, and does not exceed a width of six feet, or a width of four feet in Aquatic Preserves. 2. There shall be no structures enclosed by walls, screens, or doors on any side. 3. There shall be no fish cleaning facilities, boat repair facilities or equipment, or fueling facilities on the structures authorized by this general permit. In addition, no overboard discharges of trash, human or animal waste, or fuel shall occur from any structures authorized by this general permit. 4. This general permit shall not authorize the construction or extension of more than one dock or pier per parcel of land or individual lot. For the purposes of this general permit, multi -family living complexes shall be treated as one parcel of property regardless of the legal division of ownership or control of the associated property. 5. Noiwithstanding any other provisions of this general permit, the design, construction and operation of the dock or pier and associated vessels shall not conflict with any manatee protection plan approved and adopted under section 379.2431(2)(t), F.S. i i Ge eral Conditions for Authorizations for Use of Sovereign Submerged Lands, Rule 18-21.004(7), F.A.C. All authorizations granted by rule or in writing under Rule 18-21.005, F.A.C., except those for aqua culture activities and geophysical testing, shall be subject to the general conditions as set forth in paragraphs (a) through (i) below. The general conditions shall be part of all authorizations under this chapter, shall be binding upon the grantee, and shall be enforceable under Chapter 253 or Chapter 258, Part II, F.S. (a) Authorizations are valid only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use shall constitute a violation. Violation of the authorization shall result in suspension or revocation of the grantee's use of the sovereignty submerged land unless cured to the satisfaction of the Board. (b) Authorizations convey no title to sovereignty submerged land or water column, nor do they constitute recognition or acknowledgment of any other person's title to such land or water. (c) Authorizations may be modified, suspended or revoked in accordance with their terms or the remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18-14, F.A.C. (d) Structures or activities shall be constructed and used to avoid or minimize adverse impacts to sovereignty submerged lands and resources. (e) Construction, use, or operation of the structure or activity shall not adversely affect any species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C. (f) Stiuctures or activities shall not unreasonably interfere with riparian rights. When a court of comp tent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity shall be modified in accordance with the court's decision. (g) St juctures or activities shall not create a navigational hazard. (h) Stiuctures shall be maintained in a functional condition and shall be repaired or removed if they become dilapidated to such an extent that they are no longer functional. This shall ' not be construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005, F.A.C., within one year, of a structure damaged in a discrete event such as a storm, flood, accident, or fire. (i) St uctures or activities shall be constructed, operated, and maintained solely for water dependent purposes, or for non -water dependent activities authorized under paragraph 18-21 1004(1)(g), F.A.C., or any other applicable law. Distribution List Bruce Jerner, Jerner & Associates City of Port St Lucie - Planning Division City of Port St Lucie - Public Works USA Army Corps of Engineers - Permit Section St. (Lucie County Engineer St. !Lucie County Planning and Development Services .... NOTICE O.F RIGHTS As. -:required by:Sections':120:569 : ,and:120:60(3),: Fla:-Stat.-efollowing':: is :notice: "of:the: .. :opportunities : which: may be available :for :administrative hearing : or : judicial review: when : the subst ntial =interests of -a.:party are determined .by an.agency.. Please. note that this Notice of Rights... is�.not intended to provide legal'advice: Not all of the legal proceedings detailed -below may; be an applicable -or appropriate-remedy.:.You may.wish to consult an attorney. regardirig.your.legal rights:.:: 'RIGHT TO-REQUE$T ADMINISTRATIVE HEARING:- :. : A: person: whose: substantial : interests. are. or may be: affected : by::the South :Plot-ida ::Water i..... Management District;s- .(SFWMD.o(District)-actiom_has.the_right .fo.'request-_an administratiVE. hearing- owthat action pursuant to -Sections 120.569 and:.120.57,:F1a ..Stat Persons seeking a :. -_hearing: on a.SFWMD-_decision which affects; or..may_ affect' -their substantial -interests shall file .:a 'petitiop for. hearing withthe Offce:of.the District-Clerk,of the:SFWMDJrraccordance'.with the. filiing.-. _ :instructions set:forth herein; within.21 :days of receipt:of:written notice of the: decision; unless :one of the-following:s.horter-time.periods apply: (1) with n-14:days.:bf-the notice of consolidated iritent:to grantor deny. concurrently.reviey►ied :applications.'for. environmental resource permits :and use of.. -sovereign submerged.. lands:. pursuant to Section 373.427,: Fla: ' Stat or .(2) within A4 days of- gerVice_ of.an,AdininistratiVe:Order=pursuant.to -Section:373:1.19(1),-.FIa::Stat.'. "Receipt of: written. riotice�of agency:decision":meansreceipt:ofwritten:'notice:through.mail:,:electronic�mail,:or: posting: that the: SFWMD has -or `intends .to'take final agency action, -or .publication of. notice -that- the- . SFWMD has or.intends-to take..final. agency.action::Any-person;who.receives writfen:notice:of a.. SFWMD.Aecision .and- failsAo -file-a-writte.n 'request fora hearing within :the:Aimeframe described above waives the rightao:request a.hearirig: onahat,decision. `. . . If:the.Pistrict'takes.final.agenc'action -.which'- material ly.differs.from ahe:no5oed intended agency decision, persons:who may be-substantia111V-'affected shall-, unless otherwise. provided- bylaw, have an additional. .Rule-28%106.. A1,:_Fla:-Admin.:Code,-pont:ofentry:.. .. . Any..pi rson 'to- whom an. emergency: order is directed .pursuant: to Section. 373:119(2)-, Fla.:. Stat.; : shall comply. -Aherewith. immediately;.:but: on .petition to:the board -shall, be afforded a hearing: as . .. soon as. possible.:: A person- maye-aextension-. f timefor filing TeSWMD":may,. for' p:a pause; -goodgrant, the:request.'Requests for extensiorn-of -time-.must be fled with. the.. SFWMD , prior -to the :deadlino: for -filing. a: petition. for hearing; -.Such requests :for:extension:shall:contain: a....: . certificate that.the- moving'_party.has consulted with all-other:parties-concerning the extension :and - that the SFINMD and. any other parties :agree to.o- oppose the. extension. , A, timely, request for an . extension of:time -shall -toll the - running of -the time period:�for filing a: petition until.the.Toquest -is acted upon. FILING -INSTRUCTIONS A pet;tionfor wDisrictClek of. the: t.r SFWMD: Filings. with.the .Office.of.ahe .District: Clerk.:rnay be: made'.by. mail; .hand=delivery;. or .e mail. Filings. -by: facsimile-w.bccpted:.'. A:.petition .for. administrative'.hearing. or. other. e .. . docurnenf:is deemed filed, upon receipt du-ring.--no'rmaLbusmess hours by the .Offce of.the District Clerk iat : SFWMD headquarters, in West Palm Beach, Florida: The District's --:normal business hours - are 8:00 a.m: = 5 00 : p.m-.,:. excluding: weekends. -and : District'- holidays. -Any .document .received -by the-Office:of.the.District Clerk:after:5:00.p.m: shall.be.deemed:fi.led. a- :-f.8:00:a.m.: ion e. next regu ar. busin6ss day:. Rev. 1.1 /08/.1.6 .. 1 �. Additional filing instrucfions:are as: follows,*, "Filings: by: mail must be addressed=to. the: Office of"the District. ClerkA301 Gun- Club': Road; West- Palm Beach . Florida .33446: -Fil'ngs by hand:delivery must be delivered- to--th"e: Office - of the" District Clerk. Delivery."of . a" :petition to the SFWMD's security. desk does not constitute filing.-., lt.will -be necessary. to. request -that the SFWMD's security -officer contact.the'Office of the District -Clerk. An, employee SFWMD's: Clerk's.office.will receive and file the:petitiori: . Fil'ngs by a=mail must be- transmitted: to .th_e: Office: of the: DistrictClerk at:clerk(a�sfwmd.gov: Th16filing date for a document -transmitted by.elecfronic.mail shall..be:the-.date.the Office -of "the District Clerk: receives the corriplete document, -A: parEy who .files. a .document:by. a=mail. shall :. (1)-represent-that- the original physically signed document will be- retained- by -that- party for.. the duration of. the proceeding: and. of any: su bseq uent.. appeal :or :subsequent -.proceeding: in: that: . cause. and : that: the. party, .shall" .produce -.it: upon :the -regiaest: of . other .parties;: -antl ,(2): be . responsible for-any:delay-.'disruption;.or�inte eruption of:the.electronic signals and,:accepts the" " :full risk- that:the document may not"be properly filetl:. . -INITIATION OF�ADMINISTRATIVE HEARING �Pursu.ant:-to .Sections-"12Q:54(5)(b)4: and 120.569(2)(c);.' Fla. Stat,;: and:- Rules.28-1.06 201 .."and 28-106.301., Fla: Admin.. Code;. initiation -of .an' administrative':hearing .shall be -made -by -written. . :. petition to the ':SFWMD in. legible :form -.and: on : 8`.1 /2 - by 1.1. * inch : white_ paper.: ' All `.petitions : shall -contain: . wo 1. Identification, of, the .action .being .contested, including, the 'permit number; "application= :number, SFWMDfIe number or any other'SFWMD ldentification.number; if known.: 2 The.name,.address, any:e.mail-.address; any:facsimile rfumber". and.telephone:.number-of-the petitioner.-.and-petitioner.'s representative,'.if any. ... :. :::. :: ::. 3.Ar� :explanation:.of how: the-.petitioner's::'substantial':interests. will': bo:affected, by-. the :agency:` determination: 4,A-statement,ofwhen,and-"how the petitioner received-notice-of:the-SFWMD's decision. 5 A statement :of-all.disputed "issues df..material-fact if -there. are. none, the petition -,must: so indicate... .6.A: concise 'staterri6n't-.of"-the-. ultimate:facts alleged, including the specific:'facts: the : petitioner: con_ tends:warrantreversal or.m_ odifica. on of the SFINMD's proposed action. . 7- Statement -of. "the.,speCifc. rules --.or. statutes --the.-.petition-er'. contends require. -reversal . or , :modification of the:SFWMD's proposed action, 8.:If isputed issues of material. fact.- est; the.statement. must also.include an:explanation.of. how th alleged -facts :relate. to' the specific rules orstatutes:. . 9.A. stateriient.of. the. relief -sought. by: the .petitioner;,:stating preeisely'.the .action .the -petitioner. wishes the. SF.INMD to _take.with-respect. to :the SFWMD's proposed. action.. . MEDIATION The.-p ocedures for pursuing: mediation are.].set forth in -.Section '120..57.3, Fla.':.:.,Stat.,':and-.'Rules . 28-106.1 1"land.28-106.401-.405, .Fla-Admin: Code: The SFWMD is not -proposing mediation, for: this agency action: under Section 120:573;.Fla. Stat:; atthistime.... . .:. RIGHT TO. SEEK JUDICIAL REVIEW ... : Pursuant to Section:120..68;F1a:. Stat.,:and.in,accorda- c' ith. Florida'.Rule of Appellate:Proceduie.: ,- 9:110,.a.party.who is:adversel.y.'affected'by.final_-SFWMD-action.mayseek,jud'icial-review:of-Ahe'. SFWMD's.final decisioh :by: fling a notice. of -.appeal With. the Office -of the :District Cldrk. of. the SFWMD-in-.accordan.ce-with the fling instriactions:s_etforth herein.Within 30 days of 'rend ition.of: the order -to be reviewed; and ' by 'filing aa, copy. of the -notice with the clerk, of the- appropriate. district -court of appeal. ..... ..... ..... ....