HomeMy WebLinkAboutFL DEPT OF EP PAPPERWORKSoutheast l5istrict Office
SEP 2 7 2010
r1orida-Depirtment of
Charlie Crist
c,overnor
Environmental Protection lcfl KoltbmP
Port St. Lucie Branch Office Lt. Governor
1901 SE Hillmoor Drive, Suite C-204 Mimi A Drew
Port Saint Lucie, FL 349S2 scpkNNED secretary
(772) 398-2806 BY
FAX #(772)398-2815 St. Lucie COUntY
St. Lucie County Mosquito Control and MFILE
Coastal Management Services THESE RANS AND ALL PROPOSIED WORK
clo Jim David, Director ARESUEZOTTOMYCORRECTON 4
3150 Will Fee Road REQUIRED BY HELD INSPECTORS Tflhf� -4
Fort Pierce, FL 34982 MAYBE W-ECESU-V IN ORDER - lt-ld
Dear Mr. David:
COMPLY WITH AU. APKICM CODESS4;'�
Enclosed is Environmental Resource Permit No. 56-0300596-001 issued pursuant to Part IV of
Chapter 373, Florida Statutes (F.S.), and Title 62, Florida Administrative Code (F.A.C.).
Appeal rights for you as the permittee and for any affected third party are described in the text of
the permit along with conditions which must be met when permitted activities are undertaken.
Please review this document carefully to ensure compliance with both the general and specific
conditions contained herein. As the permittee, you are responsible for compliance with these
conditions. Please ensure all construction personnel associated with your activity review
and understand the attached drawings and conditions. Failure to comply with this permit
may result in liability for damages and restoration, and the imposition of civil penalties up to
$10,000.00 per violation per day pursuant to Sections 403.141 and 403.161, F.S.
In addition, please ensure the construction commencement notice and all other reporting
conditions are forwarded to the appropriate office as indicated in the specific conditions.
If you have any questions about this document, please contact me at 772-398-2806, ext. 114 or
by email at Michael.G.Evans@dep.state.fl.us.
Sincerely, �c-�- FILE COPY
Michael G. Evans
Environmental Specialist II
Submerged Lands & Environmental
Resources Program
CONCEALED FASTENERS OR ATTACHMENTS
ARE THE RESPONSIBIL" OF THE
CONTRACTOR OF RECORD
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lack Long, Director
Southmst District Office
Florida Department of
Charlie Crist
Governor
Environmental Protection
Jeff Kottkanip
Port St. Lucie Branch Office
Lt. Governor
1801 SE Hillmoor Drive, Suite C-204
Mini! A. Drew
Part Saint Lucie, FL 34952
Secretary
(772) 398-2806
FAX N(772)398-2815
Permittee/Authorized Entity:
St. Lucie County Mosquito Control and
Coastal Management Services
c/o Jim David, Director
3150 Will Fee Road
Fort Pierce, FL 34982, St. Lucie County
Queen's Island Preserve Public Access Improvements
Authorized Agent:
Mike Kiefer
Kimley-Horn and Associates, Inc.
445 24fl' Street
Vero Beach, FL 32960
Environmental Resource Permit
State-owned Submerged Lands Authorization —Not Applicable
U.S. Army Corps of Engineers Authorization — Separate Corps Authorization
Required
PermitNo.: 56-0300596-001
Lease File No.: 4410
Permit Issuance Date: SEPTEMBER 27, 2010
Permit Construction Phase Expiration Date: SEPTEMBER 27, 2015
"More Protection, Less Process-
wiviv.dep.slate.fixs
Permit Review Checklist
(a summary of the required monitoring and reporting activities foryouriorciect)
t,re-uonstrucuon
Activity Date Due Date Completed
El Contact DEP to schedule Prior to construction
pre -construction meeting
Submit uPre-Construction Notice 48 hrs..before construction
Form" to DEP
E3 Temporary erosion control Prior to construction
Activity
El Permit with all attachments
kept at the work site
El Permanent erosion control
structures in place
0 gAnnual Status Reporf'submitted
El Report changes to
Activity
El "Completion and Certification
(As -Built) Form" signed & sealed
by P. E. and sent to DEP
Mitigation: On -site berm breach,
El Mitigation: Off -site culvert installation
El Mitigation: success
LoonsTrucillon
Date Due
Permit shall be available on -site
for DEP inspector at all times
Structures should be inspected
daily
Following June of each year
until complete
Contact DEP before
Post -Construction
Date Due
30 Days after construction
30 Days after construction
30 [jays after construction
Please see the attached monitoring
Schedule for your project
Date Completed
0 4Permit Transfer Form" Within 30 days sale of property
submitted to DEP (if property sold) P.'!
For the above criteria that require you to contact DEP —you should coptact the Southeast ESTMIA PY
Resources Permitting Section, Compliance and Enforcement, 1801 SE Hillmoor Drive, Suite C-204 Port St. Lucie Florida 34952,
Attention: Eric Shea. Phone: 772/398-2806, Fax: 772-398-2815
PLEASE NOTE:
As the property owner/permittee, you are ultimately responsible for ensuring that the required conditions of your
permit are complied with and timely reported to the Department. Please ensure that any designated contractors or
agents acting on your behalf are familiar with these requirements.
Mitigation Monitoring Schedule
As part of your permit requirements, the berm breach and culvert installation areas will be monitored for a five year
period to ensure successful growth and propagation:
Activity
El Baseline ('time zero") Report
El I" year — Bi-Annual Monitoring
0 1" year —Annual Report
El 2 nd year — Bi-Annual Monitoring
El 2 nd year —Annual Report
El Td year — Bi-Annual Monitoring
El 3rd year —Annual Report
El e year — Bi-Annual Monitoring
El 4"'Year—Annual Report
0 5th year — BI-Annual Monitoring
0 5th year —Annual Report
Date Due - Report Submitted
30 days after berm breach and
culvert Installation
180 days later
365 days after Baseline Report
180 days later
365 days after I" Annual Report
180 days later
365 days after 2nd Annual Report
180 days later
365 days after 3d Annual Report
180 days later
365 days after 4"'Annual Report
Date Completed
A.' 1.4
Environmental Resource Permit
Permittee: St. Lucie County Mosquito Control and Coastal Management Services
Permit No: 56-0300596-001
AUTHORIZATIONS
Queen's Island Preserve Public Access Improvements
Project Description
The permittee is authorized to construct a +/- 8 ft. wide x 7,700 linear ft. system of rustic footpaths
and six +/- 50-ft. long x 8-ft. wide ditch crossings with custom bridges within the Queen's Island
property. The traits will be demarcated with 4-in. x 4-in. timber posts along both sides to mark the
trail. The trails will result in 0.85 ac. of jurisdictional wetland impacts. The six ditch crossing will
result on 0.054 ac. of mangrove impacts. The activities occu�r within BOTIrrF Lease No. 4410 and
SFWMD Lease No. C-10485, adjacent to the Indian River, a Class II, Outstanding Florida
Waterbody, Indian River — Vero Beach to Fort Pierce Aquatic Preserve, including tidal mangrove
ditches and surrounding denuded wetlands. Authorized activities are depicted on the attached
exhibits.
To offset unavoidable impacts that will occur from these authorized acti v*ities, the permittee shall
breach an existing berm located within the Queen's Island property to connect an isolated 0.05 ac.
wetland with tidal flow to improve its hydrology. The permittee shall also install a 30-in. culvert
within Impoundment 14B at Harbour Branch Oceanographic Institute to provide hydrologic
enhancement for approximately 10-ac. of mangrove wetlands.
The project described above may be conducted only in accordance with the terms, conditions and
attachments contained in this permit. The issuance of this permit does not infer, nor guarantee, nor
imply that future permits or modifications will be granted by the Department.
State-owned Submergqd Lands Authorization
As staff to the B oard of Trustees, the Department has reviewed the activity described above and has
determined the activity is not on submerged lands owned by the State of Florida. Therefore, your project
is not subject to the requirements of Chapter 253, Florida Statutes.
Federal Authorization
A copy of this permit has been sent to the U.S. Army Corps of Engineers (USACE). The USACE
may require a separate permit. Failure to obtain any required federal permits prior to construction
could subject you to enforcement action by that agency.
Coastal Zone Management
This permit also constitutes a finding of consistency with Florida's Coastal Zone Management Program,
as required by Section 307 of the Coastal Management Act. *
Permittee: SLC MCCMS
Permit No: 56-0300596-001
Page I of 12
Water Ouality Certification
This permit constitutes certification of compliance with state water quality standards tinder Section
401 of the Clean Water Act, 33 U.S.C. 1341'
Other Authorizations
You are advised that authorizations or permits for this project may be required by other federal,
state or local entities including but not limited to local governments and homeowner's associations.
This permit does not relieve you from the requirements to obtain all other required permits or
authorizations.
In addition, you are advised that your project may require additional authorizations or permits from
the municipality/county in which the project is located. Please be sure to contact the local county
building and environmental department to obtain these required authorizations.
PROJECTLOCATION
The activities authorized by this Permit are located on lands owned by the Board of Trustees of the
Internal Improvement Trust Fund at Parcel ID#s 1414-230-0003-000-2, 1414-230-0010-000-4, and
1414-310-0002-000-0, and on lands owned jointly by St. Lucie County and the South Florida Water
Management District at Parcel ID# 1414-310-0003-000-7, Fort Pierce, (Section 14, Township 34S,
Range 40E) in St. Lucie County, (Latitude 27* 3 F 13.67" N Longitude 80* 18' 39.27" W, point of
access). The activities are within areas managed by St. Lucie County pursuant to BOTIITF Lease
No. 4410 and SFWMD Lease No. C-10485 and their associated Queen's Island Preserve General
Management Plan.
The existing berm to be breached as mitigation is located within the project area on lands owned
jointly by St. Lucie County and the South Florida Water Management District at Parcel ID# 1414-
310-0003-000-7, Fort Pierce, (Section 14, Township 34S, Range 40E) in St. Lucie County,
(Latitude 27' 3 P 7.43" N Longitude 80* 18' 40.98" W).
The culvert to Ve installed as mitigation is located within Mosquito linpoundment 14B on lands
owned by Harbour Branch Oceanographic Institute adjacent to Ocean Studies Dr., Parcel ID# 1408-
411-0003-000-8, Fort Pierce, (Section 8, Towpship 34S, Range 4013) in St. Lucie County, (Latitude
27- 31- 59.01" N Longitude 80* 20' 55.75" W).
PERNHT CONDITIONS
The activities described herein must be conducted in accordance with:
• The Specific Conditions
• The General Conditions
• The limits, conditions and locations of work shown in the attached drawings
• The term limits of this authorization
You are advised to read and understand these conditions and drawings prior to commencing the
authorized activities, and to ensure the work is conducted in conformance with all the terms,
conditions, and drawings. If you are utilizing a contractor, the contractor also should read and
understand these conditions and drawings prior to commencing the authorized activities. Failure
Permittee: SLC MCCMS
Permit No: 56-0300596-001
Page 2 of 12 FILE COP"'Y
to comply with these conditions, including, any mitigation requirements, shall constitute grounds
for revocation of the Permit and appropriate enforcement action by the Department.
Operation of the facility is not authorized except when determined to be in conformance with all
applicable rules and this perrait/certification/authorization , as specifically described above.
SPECIFIC CONDITIONS - PRIOR TO CONSTRUCTION
(1) The attached project drawings, sheets 1 through 5; the attached permit checklist; DEP forms:
62-343.900(3), (4), (5), (6), and (7) F.A.C., which may be downloaded at
http://www.der).state.fl.ustwater/wetlands/eW/forms.htm.; become part of this permit. If the
applicant does not have access to the Internet, the applicant shall contact the Department at (772)
398-2806 to request the aforementioned forms and/or document(s).
(2) If the attached permit drawings conflict with the specific conditions, then the specific
conditions shall prevail.
(3) After selection of the contractor to perform the authorized activities and prior to the
initiation of any work authorized by this permit, the permittee (or authorized agent) and the
contractor shall attend a pre -construction conference with a representative of the Department. The
permittee shall contact the Department in writing to schedule the conference. Department of
Environmental Protection, Southeast District Branch Office, Submerged Lands & Environmental
Resources Program, Compliance/Enforcement Section, Attention: Eric Shea, 1801 SE HiIlmoor
Drive, Suite C-204, Port St. Lucie, Florida 34952 (phone: 772/399-2806).
(4) The permittee shall be responsible for ensuring that the permit conditions are explained to
all construction personnel working on the projeM and for providing each contractor and
subcontractor with a copy of this permit before construction begins.
SPECIFIC CONDITIONS — CONSTRUCTION ACTIVITIES
(5) The work authorized by this permit shall not be conducted on any property, other than that
owned by the permittee, without prior written approval of that property owner. -
(6) All storage or stockpiling of tools or materials (i.e. lumber, pilings, debris, etc.) shall be
limited to uplands or within the impact areas authorized by this permit.
(7) Best management practices for erosion control shall be implemented and maintained at all
times during construction to prevent siltation and turbid discharges in excess of State water quality
standards pursuant to Rule 62-302, F.A.C. Methods shall include, but are not limited to the use of
staked hay bales, staked flIter cloth, sodding, seeding, and mulching; staged construction-, and the
installation of turbidity screens around the immediate project site. Floating turbidity curtains with
weighted skirts that extend to withir� 1 foot of the bottom shall be used around the culvert
installation.
The perinittee shall be responsible for ensuring that erosion control devices/procedures are
inspected and maintained daily during all phases of construction authorized by this e it until 01
WZ0
Is I
Permittee: SLC MCCMS L COP"Y
Permit No: 56-0300596-001
Page 3 of 12
areas that were disturbed during construction are sufficiently stabilized to prevent erosion, siltation,
arid turbid discharges.
The following measures shall be taken immediately by the perinittee whenever turbidity levels
within waters of the State surrounding the project site exceed 29 NTUs above background:
a. Notify the DEP-Southeast District Branch Office ERP Compliance/Enforcement
Section at 772/398-2806 at the time the violation is first detected.
b. Immediately cease all work contributing to the water quality violation. Operations
may not resume until the department gives authorization to do so.
C. Stabilize all exposed soils contributing to the violation. Modify the work procedures
that were responsible for the violation, install more turbidity containment devices,
and repair any non-functional turbidity containment devices.
(8) All wetland areas and water bodies outside the specific limits of construction authorized by
this permit shall be protected from erosion, siltation, scouring and/or dewatering. Methods for
controlling erosion and turbidity shall include, but are not limited to the use of staked hay bales;
staked filter cloth; sodding, seeding, and mulching; staged construction; and the development of silt
fences around the immediate project site. Staked filter cloth shall be positioned at the edge of the
permitted fill slopes where they are adjacent to wetlands in order to prevent turbid run-off and
erosion. Erosion barriers shall be installed prior to any excavation or placement of fill material and
shall be maintained in effective condition at all locations until construction is completed and
disturbed areas are stabilized. Thereafter, the permittee must remove the barriers. The permittee
shall be responsible for ensuring that erosion control devices and procedures are inspected and
maintained daily during all phases of construction authorized by this permit. Once these conditions
are met, the erosion control devices shall be removed within 14 days.
(9) In addition to preserving Site 8SI3044 and Site 8SLI 137, if prehistoric or historic artifacts,
such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical
remains that could be associated with Native American cultures, or early colonial or American
settlement are encountered at any time within the project site area, the permitted project should
cease all activities involving subsurface d ' isturbance, in the immediate vicinity of such discoveries.
The permittee, or other designee, should contact the Florida Department of State, Division of
Historical Resources, Review and Compliance Section at 850/245-6333 or 800/847-7278, as well as
the appropriate permitting agency office. Project activities should not resumeWithout verbal and/or
written authorization from the Division of Historical Resources. In the event that unmarked human
remains are encountered during permitted activities, all work shall stop immediately and the proper
authorities notified in accordance with Section 872.05, Florida Statutes.
(10) Mangrove Trimming —The trimming of mangroves in a vertical plane of the installed bridge
crossings and culvert installation area is exempt agency pursuant to s. 403.9326(l)(f), Florida
Statutes. No further mangrove trimming is authorized by this permit V 2
ry
I L C
Pennittee: SLC MCCMS
Pennit No: 56-0300596-001
Page 4 of 12
SPECIFIC CONDITIONS — MITIGATION
(11) In order to offset the 0.904 acres (39,378 fe) of total mangrove and denuded wetland
impacts anticipated from this project, the permittee shall perform the following activities in strict
accordance with the attached Queen's Island Preserve Public Access Improvements Mitigation and
Monitoring Plan: 1) Breach a small berm in the southern portion of the project area to connect an
isolated 0.054 ac. wetland to tidal flow (the breach will be approximately 16 ft. long x 2.5 ft. wide x
2.5 ft. deep); 2) Install a 30" culvert within Impoundment 14B at Harbour Branch Oceanographic
Institute to provide hydrological enhancement to approximately 10 ac. of mangrove wetlands; 3)
maintain, in perpetuity, the 0.054 ac. on -site wetland and the 10 ac. off -site wetland with less than
5% coverage of any plants listed on ne Florida Exotic Pest Plant Council's 2009 List of Invasive
Species (attached).
(12) Within 30 days after completing the berm breach and culvert installation, the permittee shall
submit to the Department a BASELINE ("time zero") report. Subsequent monitoring of the
mitigation area shall occur on a bi-annual basis. Monitoring reports shall be submitted
ANNUALLY for a period of five years (less if the success criteria is met for two consecutive
years), the first report being due ONE YEAR after the baseline report. The BASELINE and
ANNUAL Reports shall include the following for each bi-umual monitoring event for each site:
a) Date berm breach and culvert installation was completed (Baseline Report only),
b) Photographs taken from referenced locations to represent the entire site,
c) A drawing to show the location and direction of the camera,
d) A list of all species (flora and fauna) observed,
e) The percent -coverage of native flora species observed,
f) The percent -coverage of invasive exotic flora species observed,
g) A description of any exotic removal that has occurred,
h) Water level measurements,
i) Explanations if survivorship is trending toward failure and recommendations for
corrective actions to meet success criteria.
The reports shall be sent to the Department of Environmental Protection, Southeast District,
Submerged Lands and Enviromnental Resources Program, Compliance/Enforcement Section,
Attention: Eric Shea, 1801 SE I-Ellmoor Drive, Suite C-204, Port St. Lucie, Florida 34952 (phone:
772/398-2806).
(13) In order for the berm breach and culvert installation to be deemed successful, each of the
mitigation areas shall achieve a minimum 85 percent vegetative cover of desirable native wetland
species and maintain nuisance and exotic species vegetative cover at less than five percent for a
period of two consecutive years.
(14) The responsibility to determine if the berm breach and culvert p 09cts
ely on e"D M,en i
meeting the permit -specified success criteria shall not fall sol; a
two years after the berm breach and culvert installation, if the permittee, co gar
ry
project is not meeting the success criteria and probably will not meet the criteria based on site
observations, then the permittee shall notify the Department at the address in Specific Condition
Number 12. The permittee shall thea submit an alternative mitigation plan to the Department for
review and approval.
Permittee: SLC MCCMS
Permit No: 56-0300596-001
Page 5 of 12
(15) The berm breach and culvert installation projects shall each be determined to be successful
when the requirements of Specific Conditions Numbers 11, 12, 13, and 14 of the permit have been
met.
(16) The permittee shall commence mitigation activities within I year from the date of issue of
this permit.
GENERAL CONDITIONS
(1) All activities authorized by this permit shall be implemented as set forth in the plans,
specifications and performance criteria as approvea by this permit. Any deviation from the
permitted activity and the conditions for undertaking that activity shall constitute a violation of this
permit and Part IV, Chapter 373, F.S.
(2) This permit or a copy thereof, complete with all conditions, attachments, exhibits, and
modifications shall be kept at the work site of the permitted activity. The complete permit shall be
available for review at the work site upon request by the Department staff. The permittee.shall
require the contractor to review the complete perinit prior to commencement of the activity
authorized by this permit.
(3) Activities approved by this permit shall be conducted in a manner which does not cause
violations of state water quality standards. The permittee shall implement best management
practices for erosion and pollution control to prevent violation of state water quality standards.
Temporary erosion control shall be implemented prior to and during construction and permanent
control measures shall be completed within 7 days of any construction activity. Turbidity barriers
shall be installed and maintained at all locations where the possibility of transferring suspended
solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall
remain in place at all locations until construction is completed and soils are stabilized and
vegetation has been established. All practices shall be in accordance with the guidelines and
specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound
Land and Water Management (Department of Environmental Regulation, 1988), unless a project -
specific erosion and sediment control plan is approved as part of the permit. Thereafter the
permittee shall be responsible for the removal of the barriers. The permittee shall correct any
erosion or shoaling that causes adverse impacts to the water resources'.
(4) The permittee shall notify the Department of the anticipated construction start date within 30
days of the date that this permit is issued. At least 48 hours prior to commencement of activity
authorized by this permit, the permittee shall submit to the Department an "Environmental
Resource Permit Construction Commencement" notice (Form No. 62-343.900(3), F.A.C.)
indicating the actual start date and the expected completion date.
(5) When the duration of construction will exceed one year, theEe 'PY
construction status reports to the Department on an annual basis utiliz g an "Ann al ta
Report Form" (Form No. 62-343.900(4), F.A.C.). Status Report'Forms -shall be submitted the
following June of each year.
Permittee: SLC MCCMS
Permit No: 56-0300596-001
Page 6 of 12
(6) Within 30 days after completion of construction of the permitted activity, the permittee shall
submit a written statement of completion and certification by a registered professional engineer or
other appropriate individual as authorized by law, utilizing the supplied "Environmental Resource
Permit As -Built Certification by a Registered Professional" (Form No. 62-343.900(5), F.A.C.).
The statement of completion and certification shall be based on on -site observation of construction
or review of as -built drawings for the purpose of determining if the work was completed in
compliance with permitted plans and specifications. This submittal shall serve to notify the
Department that the system is ready for inspection. Additionally, if deviation from the attached
drawings is discovered during the certification process, the certification must be accompanied by a
copy of the attached permit drawings with deviations noted. Both the original and revised
specifications must be clearly shown. The plans must be clearly labeled as "as -built" or "record"
drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor.
(7) The operation phase of this permit shall not become effective: until the permittee has
complied with the requirements of condition (6) above, has submitted a "Request for Transfer of
Environmental Resource Permit Construction Phase to Operation Phase" (Form No. 62-
343.900(7), F.A.C.); the Department determines the system to be in compliance with the permitted
plans and specifications; and the entity approved by the Department in accordance with Sections 9.0
and 10.0 of the Basis of Review for Environmental Resource Permit Applications Within the South
'Florida Water Management District - August 1995, accepts responsibility for operation and
maintenance of the system. The permit shall not be transferred to such approved operation and
maintenance entity until the operation phase of the permit becomes effective. Following inspection
and approval of the permitted system by the Department, the permittee shall initiate transfer of the
permit to the approved responsible operating entity if different from the permittee. Until the permit
is transferred pursuant to Section 62-343.110(l)(d), F.A.C.. the permittee shall be liable for
compliance with the terms of the permit.
(8) Each phase or independent portion of the permitted system must be completed in accordance
with the permitted plans and permit conditions prior to the initiation of the permitted use of site
infrastructure located within the area served by that portion or phase of the system. Each phase or
independent portion of the system must be completed in accordance with the permitted plans and
permit conditions prior to transfer of responsibility for operation. and maintenance of the phase or
portion of the system to a local government or other responsible entity.
(9) For those systems that will be operated or maintained by an entity that will require an
easement or deed restriction in order to enable that entity to operate or maintain the system in
conformance with this permit, such easement or deed restriction must be recorded in the public
records and submitted to the Department along with any other final operation and maintenance
documents required by sections 9.0 and 10.0 of the Basis of Review for Environmental Resource
Permit Applications Within the South Florida Water Management District AAn 1 11 . t
jEo P
lot or unit sales or prior to the completion of the system, whic th IeDPY
concerning the establishment and authority of the operating ent ffed� e e
of State where appropriate. For those systems which are proposed to be maintained by the county
or municipal entities, final operation and maintenance documents must be received by the
Department when maintenance and operation of the system is accepted by the local government
entity. Failure to submit the appropriate final documents will result in the perinittee remaining
Permittee: SLC MCCMS
Pennit No: 56-0300596-001
Page 7 of 12
liable for carrying out maintenance and operation of the permitted system and any other permit
conditions.
(10) Should any other regulatory agency require changes to the permitted system, the permittee
shall notify the Department in writing of the changes prior to implementation so that a
determination can be made whether a permit modification is required.
(11) This pem-dt does not eliminate the necessity to obtain any required federal, state, local and
special district authorizations prior to the start of any activity approved by this permit. This permit
does not convey to the permittee or create in the permittee any property right, or any interest in real
property, nor does it authorize any entrance upon or activities on property which is not owned or
controlled by the permittee, or convey any rights or privileges other than those specified in the
permit and Chapter 40B-4 or Chapter 4013-40, F.A.C.
(12) The permittee is hereby advised that Section 253.77, F.S. states that a person may not
commence any excavation, construction, or other activity involving the use of sovereign or other
lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement
Trust Fund without obtaining the required lease, license, easement, or other form of consent
authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary
authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or
other state-owned lands.
(13) The permittee is advised that the rules of the South Florida Water Management District
require the permittee to obtain a water use permit from the South Florida Water Management
District prior to construction dewatering, unless the work qualifies for a general permit pursuant to
subsection 40E-20.302(4), F.A.C., also known as the "No Notice" rule.
(14) The permittee shall hold and save the Department harmless from any and all damages,
claims, or liabilities which may arise by reason of the construction, alteration, operation,
maintenance, removal, abandonment or use of any system authorized by the permit.
(15) Any delineation of the extent of a wetland or other surface water submitted as part of the
permit application, including plans or other supporting documentation, shall not be considered
binding unless a specific condition of this permit or a formal determination under section
373A21(2), F.S., provides otherwise.
(16) The permittee shall notify the Department in writing within 30 days of any sale,
conveyance, or other transfer of ownership or control of a permitted system or the real property on
which the permitted system is located. All transfers of ownership or transfers of a permit are
subject to the requirements of section 62-343.,130, F.A.C. The e;:ttte_eRL 6
ul if
shall remain liable for corrective actions that may be required as a r1sir MNY
the sale, conveyance or other transfer of the system.
(17) Upon reasonable notice to the permittee, Department authorized staff with proper
identification shall have permission to enter, inspect, sample and test the system to insure
conformity with the plans and specifications approved by the permit.
Permittee: SLC MCCMS
Permit No: 56-0300596-001
Page 8 of 12
(18) If historical or archaeological artifacts are discovered at any time on the project Site, the
permittee shall immediately notify the appropriate Department office.
(19) The permittee shall immediately notify the Department in writing of any Previously
submitted information that is later discovered to be inaccurate.
NOTICE OF RIGHTS
This Permit is hereby final unless a sufficient petition for an administrative hearing is timely filed
under Sections 120.569 and 120.57 of the Florida Statutes (F.S.) as provided below. The procedures
for petitioning for a hearing are set forth below.
Mediation is not available.
A person whose substantial interests are affected by the Department's action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. The petition must
contain the information set forth below and must be filed (received by the clerk) in the Office of
General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35,
Tallahassee, Florida 32399-3000.
Because the administrative hearing process is designed to re -determine final agency action on the
application, the filing of a petition for an administrative hearing may result in a modification of the
permit or even a denial of the application. If a sufficient petition for an administrative hearing or
request for an extension of time to file a petition is timely filed, this permit automatically becomes
only proposed agency action on the application, subject to the result of the administrative review
process. Accordingly, the applicant is advised not to commence construction or other activities
under this permit until the deadlines noted below for filing a petition for an administrative hearing,
or request for an extension of time has expired.
Under Rule 62-110.106(4), Florida Administrative Code (F.A.C.), a person whose substantial
interests are affected by the Departmenes action may also request an extension of time to file a
petition for an administrative hearing. The Department may, for good cause -shown, grant the
request for an extension of time. Requests for extension of time must be filed with the Office of
General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35,
Tallahassee, Florida 32399-3000, before the applicable deadline. A timely request for extension of
time shall toll the running of the time period for filing a petition until the request is acted upon. If a
request is filed late, the Department may still grant it upon amotion by the requesting party
showing that the failure to file a request for an extension of time before the deadline was the result
of excusable neglect.
In the event that a timely and sufficient petition for an administrative hearfs "der Gers(
ti" , )'Y
whose substantial interests will be affected by the outcome of the adminis tiv ha
right to petition to intervene in the proceeding.'Any intervention will be only at the discretion of the
presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.
Perinittee: SLC MCCMS
Permit No: 56-0300596-001
Page 9 of 12
In accordance with Rule 62-110.106(3) F.A.C., petitions for an administrative hearing by the
applicant must be filed within 14 days of receipt of this written notice. Petitions filed by any
persons other than the applicant, and other than those entitled to written notice under section
120.60(3) of the Florida Statutes must be filed within 14 days of publication of the notice or within
14 days of receipt of the written notice, whichever occurs first.
Under section 120.60(3) of the Florida Statutes, however, any person who has asked the Department
for notice of agency action may Me a petition within 14 days of receipt of such notice, regardless of
the date of publication.
The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the
time of filing. The failure of any person to file a petition for, an administrative hearing within the
appropriate time period shall constitute a waiver of that person's right to request an administrative
determination (hearing) under sections 120.569. and 120.57 of the Florida Statutes.
I
A petition that disputes the material facts on which the Department's action is based must contain
the following information:
(a) The name and address of each agency affec.ted and each agency's file or
identification number, if known;
(b) The name, address, and telephone number of the petitioner; the name, address, and
telephone number of the petitioner's representative, if any, which shall be the address for service
purposes during the course of the proceeding;.- and an explanation of how the petitioner's
substantial interests are or will be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition must
so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the
petitioner contends warrant reversd or modification of the agency's proposed action; and
(f) A statement of the specific ruies or statutes that the petitioner contends require
reversal or modification of the agency's proposed action;
(g) . A statement of the relief sought by the petitioner, stating precisely the action that the
petitioner wishes the agency to take with respect to the agency's proposed action.
A petition that does not dispute the material facts on which the Departmerifs action is based shall
state that no such facts are in dispute and otherwise shall contain the same information as set forth
above, as required by Rule 28-106.301; F.A.C. Under Sections 120.569(2)(c) and (d), F.S., a
petition for administrative hearing must be dismissed by the agency if the petition does not
substantially comply witl� the above requirements or is untimely filed.
This action is final and effective on the d. ate filed with the Clerk of the Department unless a petition
is filed in accordance with the above. Upon the timely filing of a petition this order will not be
effective until further order of the Department. Momy
IA PE
'Ibis permit constitutes an order of the Department. The applicant has the rirt t! icip ro
review of the order under Section 120.68, F.S., by the filing of a notice of appeal under Rule 9. 110
of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of
Pennittee: SLC MCCMS
Permit No: 56-0300596-001
Page 10 of 12
CERTIFICATE OFSERVICE
The undersigned hereby certifies that this permit, in6luding all copies, were mailed before
the close of business on ��ajro,6 to the above listed persons.
---- T--
FILING AND ACKNOWLEDGMENT
FILED, on this date, under 120.52(7) of the
Florida Statutes, with the designated Diparunent Clerk,
. receipt of which is hereby acknowledged.
�?12 -7
. 4�� 1
- Clerk Date'
Permittee: SLC MCCMS
Permit No: 56-0300596-001
Page 12 of 12
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 court of appeal. The notice of appeal must be filed within 30 days from the date
when the final order is filed with the Clerk of the Department. The applicant, or any party within the
meaning of Section 373.114(i)(a), F.S., may also seek appellate review of this order before the
Land and Water Adjudicatory Commission under Section 373.114(l), F.S. Requests for review
before the Land and Water Adjudicatory Commission must be filed with the Secretary of the
Commission and served on the Department within 20 days from the date when the final order is
filed with the Clerk of the Department.
Executed in St. Lucie County, Florida. STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
A a.", � V lko\u 9.1aflin
Ma� C,,Ylurph�. N )
Environmental Administiator
Florida Department of Environmental Protection
Southeast District Branch , Office
Attachments:
Permit Checklist, 2 pages
Exhibit 1, Project Drawings and Design Specs., 12 pages
Exhibit 2, Mitigation Plan, 7 pages
Exhibit 3, Florida Exotic Pest Plant Council' s 2009 List of Invasive Plant Species, 4 pages
Commencement notice /62-343.900(3)*
Annual status reporV62-343.900(4)*
As -built certification/62-343.900(5)*
Inspection certification/62-343.900(6)*
Transfer construction to operation phase/ 62-343.900(7) .
Application for transfer of an ERP permit/62-343.900(8)*
*Can be downloaded at: http://www.dep.state.fl.us/water/wetlands/erp/forms.htm
Copies furnished to:
Carolyn Farmer, U.S. Army Corps of Engineers, Carolyg.H.Farmer@usace.gM.mil
Mike Kiefer, Kimley-Hom and Associates, Inc., Mike.Kiefer@kiniley-hom.com (Agent)
Vincent Burke, Harbor Branch Oceanographic Institute, vburkel @hboi.fau.edu
Permittee: SLC MCCMS
Permit No: 56-0300596-001
Page 11 of 12
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July 2010
Queen's Island Preserve
Public Access Improvements
MITIGATION AND MONITORING PLAN
St. Lucie County, FL
Sections 14, Township 34S, Range 40E
Preparedfor:
St. Lucie County Mosquito Control and
Coastal Management Services
3150 Will Fee Road
Fort Pierce, FL 34982
Prepared by:
Kirnley-Horn And Associates, Inc.
Suite 200
445 24' Street
Vero Beach, Florida 32960
(772) 794-4100
7k mfiraiYofthis mpan. mcluding surmid images. ispopmy�fKimle)�jqom and Avocialapraiddedsmfor US c6AW&I".
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TABLE OF CONTENTS
1.0 PROJECT DESCRIPTION ...............................................
2.0 PROPOSED IMPACTS ....................................................
3.0 MITIGATION PLAN ........................................................
4.0 MONITORING PLAN ......................................................
5.0 MAINTENANCE PLAN ..................................................
A 1i G
i. Imp KIP, P',
............... I
..................... 4
..................... 5
Exhibits
Exhibit A — Mitigation Plan Location Map
Exhibit B — U.S. Army Corps of Engineers Compensatory Mitigation Plan Outline
Appendix A - Uniform Mitigation Assessment Method worksheets
"Ail a
OF
Queen's Island Preserve
Public Access Improvements
AND MONITORING PLAN
1.0 PROJECT DESCRIPTION
'k 'a
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A.m. I A .
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The project consists of constructing a system of rustic footpaths and six (6) ditch crossings with
custom bridges within the Queen's Island property, (Attached Exhibit A). These bridges/ditch
crossings will be approximately 50:h feet in length and 8 feet wide. The bridges used for the ditch
crossings ar e designed to support maintenance vehicles (mules) currently used to maintain the
preserve. The trails will be demarcated with 4"x4" timber posts spaced 50 feet on center along
both sides to mark the trail. Two trailhead signs will be located along the sidewalk on AIA to
encourage the public to use the trails.
In addition to the ditch crossings, a small berm in the southern portion of the project area will be
breached in order to connect an isolated wetland to tidal flow, thereby improving the hydrology
of this isolated wetland, The breach will be approximately 2.5 feet deep, 2.5 feet wide, and 16
feet along the berm. This will serve, in part, as mitigation for the removal and trimming of
mangrove trees in other portions of the project.
2.0 PROPOSED IMPACTS
Direct impacts from the project are limited to the removal of three (3) red mangroves associated
with the installation of ditch crossing #3. Indirect impacts from the project include the shading of
mangrove seedlings from the proposed bridges/ditch crossings. The six (6) proposed bridge
structures will total approximately .054-acre of shading impacts. Portions of the proposed
footpaths are located within denuded areas of hydric, soil. These areas were denuded as a result of
the removal of Brazilian pepper and melaleuca in accordance with the approved Queens Island
Management Plan. The applicant has assumed that the maintenance of the trails within areas of
bydric soils is considered a wetland impact, (0.85-acres). F" I L E CIO* P Y
3.0 MITIGATIONPLAN
In order to offset the proposed impacts (0.054-acres of shading/mangrove impacts and 0.85-acres
trail impacts), the proposed compensatory mitigation plan will consist of connecting an isolated
wetland (0.05-acres) in the southern portion of the property, with tidal flow to improve its
4tCUVK�
; I ,
A U U 10 " (1"; 1
the applicant is proposing to install a culvert within Impoundment 14B,
mch Oceanographic Institute, to provide hydrologic enhancement to
approximately 10 acres of mangrove wetlands. The existing hydrology within the li�oject limits
is not conducive for in -kind mitigation for impacts to red mangroves and Hie proposed berm
breach provides the only opportunity onsite for in -kind mitigation. Queens Island preserve is
owned by the State of Florida and is under a management plan which conserves the site in
perpetuity; therefore providing assurance from precluding future development or impacts. In
addition to the proposed berm breach, the applicant is proposing to install a culvert within
mosquito impoundment 14B to enhance the hydrologic connectivity to 10 acres of mangrove
wetlands. Impoundment 14B is in conservation due to the requirement that it remain as wetland
in accordance with the approved ERP for the site.
Best Management Practices (BMPs) will be employed at all times during construction to provide
assurance that State water quality standards are maintained. It is anticipated that the proposed
mitigation will function as a self-sustaining aquatic resource well before the proposed 5-year
monitoring window has expired.
The baseline information of the impact and mitigation sites is consistent with each other. Both
impact and mitigation areas consist of mangrove wetlands located within hydric soils in the same
watershed. Both the impact and mitigation areas are directly connected to the Indian River
Lagoon.
The goals of the plan are:
1. To improve tidal flushing within impoundment 14B (offsite) and thereby improve the
water environment and vegetation community structure therein.
and
2. To restore tidal flushing within an onsite isolated wetland and thereby improve the water
environment and vegetation community structure therein.
The proposed mitigation plan was evaluated using the Uniform Mitigation Assessment Method
(UMAM) worksheets attached in Appendix A. The UMAM worksheets indicate that the berm
Jvljll� (Ii.0itt
breach and culvert installation and will sufficiently offset the proposed impacts over a five year
monitoring timefrairie.
Baseline Monitoring will be performed at Impoundment 14B as woll as the wetland enhancement
area onsite. This baseline monitoring will be conducted within 30 days of completion of the
mitigation work. A representative transect with staff gauges will be established within the
enhanced onsite and offske wetland areas. Vegetation type and percent cover within each stratum
will be evaluated along the transect in order to quantify the baseline conditions. Photograph
stations will be established to show representative portions of the mitigation areas.
Subsequent monitoring of the mitigation area will occur on a bi-annual basis for up to five (5)
years; less if the success criteria is met for two (2) consecutive years. Quarterly monitoring for
the each year will be compared to the previous monitoring report. The bi-annual monitoring
schedule will consist of observation s once during the rainy season (June -July) and once during
the dry season (November -December). The previously established transects will be used to
document the following:
-Vegetative species presen% percent cover and density
-Water level measurements
-Qualitative assessment of mitigation success
-Wildlife utilization
-Representative photographs documenting current conditions
-Recommendations for corrective actions to meet success criteria
Success Criteria will be considered successful for the created wetland when 85% vegetative cover
of desirable wetland species is achieved and coverage of nuisance and exotic species is no greater
than 5%.
The construction schedule may vary up to 5% as necessary to CO P, Y
account io
other factors.
Schedule Activities Proposed Date
AUG f. (1,
ov tow
Begin berm removal and install culvert within 90 days after receipt of all required
approvals,
Install mitigation signs and staff gauge 09/2010
Submit Time -Zero Monitoring Report 10/2010
Submit I' Annual Monitoring Report 07/2011
Submit 2 d Annual Monitoring Report 07/2012
Submit 3`1 Annual Monitoring Report 07/2013
Submit 46 Annual Monitoring Report 0712014
Submit 50'Annual Monitoring Report 07/2015
* IS year monitoring is proposed to occur during the growing season
4.0 MONITORING PLAN
Mitigation success will be assessed through monitoring reports. A time -zero report will be
conducted with consecutive annual reports following on an annual basis. Each report will
include:
1.
A summary of visual field observations, which includes the percent cover of plant
species. Fixed monitoring stations will be established within each mitigation area. A
one -meter square quadrat will be placed within each monitoring station. Recruited and
species within each quadrat and an overall percent coverage estimate for each species
will be evaluated.
2. Comments and recommendations for permit compliance
3. Preset photo stations will be established at each monitoring station.
4. Staff gauge water level readings
5. Incidental observations of fish and aquatic megafauna
6. Evaluation of the success of the mitigation/maintenance effort
Agencies to receive and review reports include:
1. Florida Department of Environmental Protection
Monitoring Reports for five years)
2. U.S. Army Corps of Engineers (ACOE) (Tim
Reports for five years)
.. U
AUG 1.0
Success Criteria
P1.0 M
The mitigation area will be considered successful after five years from the time zero monitoring.
report if 95% vegetative cover of desirable wetland species is achieved and coverage of nuisance
and exotic species is no greater than 5%.
5.0 MAINTENANCE PLAN
Maintenance will be performed annually for a period of five years as recommended in the
monitoring reports or until success criteria are achieved.
The permittee will be responsible for removal of exotic and nuisance vegetation and debris from
the mitigation area for the length of the monitoring period. Exotic vegetation shall include those
species currently listed by the Florida Exotic Pest Plants Council. Mitigation areas shall be free
from exotic nuisance vegetation immediately following a maintenance activity. A maintenance
contractor has not yet been selected.
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Sandra X Vardaman. Alachua County Funmer. 14 lachuaCromyEnvironmema Protect DePL;:'..'
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FLEPPC Database —The Florkd4i Exodc Pat PlahtZinabase contim' over.75.000 sl LTicomlsolinrestiitdrisofrt�EPP(t*'::.,:!::..
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lands such as high,�ays or utility righmmof-way. Natural area managers ami!mhe u; I,
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dat. Ibis database. alonj wi&*pther� plam-data niounces such as th�..Uni�erslty 6tSouth Floe" Atlas of Florida
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Plants 3L�.phraatlas.us(.;ih� the Florid]�NwiitiiiAmaslzvent y
Regional Conservation Floristic lnventor�. of South.florida database at �.mglon4cmsemdod.crg*,
pr=dm Important bast�suppo"Jnfurraatlon for Lhe,FLEPPC List of Irrvadn' Plant Spcdm
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collection catalog. http�A�Am.fimriLufLedu4=batidTmr&U. and imaje gallery, . http:IA�Jknnh.ufl.edtl&rbiaiumlcu/
imagesearch.asp; at Fairchild Tropical Botanic Gatchm's Virwil Herbarium. �vw.vimwfierbari . mrsorW I vhpo . rtdhmd;
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Floridds WAS Center for Aclusk and Invastvc Plants. hapl/plamistrus.ulteclu,-and the USDA PLANTS clataluist, htto:l/.-. -
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DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
4400 PGA BOULEVARD, SUITE 500
PALM BEACH GARDENS, FLORIDA ZIP CODE33410
February 9, 2015
Regulatory Division
South Permits Branch
Palm Beach Gardens Permits Section
SAJ-2004-04543 (NW -SLR)
St. Lucie County Mosquito Control and Coastal Management Services
c/o Jim David, Director
3160 Will Fee Road
Fort Pierce, FL 34982
Dear Mr. David:
The U.S. Army Corps of Engineers (Corps) assigne� your application for a
Department of the Army permit, the file number SAJ-2004-04543. A review of the
information and drawings provided indicates that the proposed work would result in the
construction of six (6) 8-foot by 50-foot ditch crossings providing maintenance accessil,
for land management. The project is located at the Queen's Island Preserve property�,
between the Indian River Lagoon and AIA on Northern Hutchinson Island, 3.5 miles
north of the city limits of the City of Ft. Pierce and the Ft. Pierce Inlet (Section 14,
Township 34 South, Range 40 East) in St. Lucie County, Florida. Latitude 27.'5207060;N
Longitude 80.312514'W.
Your project, as depicted on the enclosed drawings, is authorized by Nationwide -
Permit (NWP) Number 14. In addition, project specific conditions have been enclosed.
This verification is valid until March 18, 2017. Furthermore, if you commence or are
under contract to commence this activity b re the date that the relevant nationwide
permit is modified or revoked, you will have 12 months from the date of the modification
or revocation of the NWP to complete the activity under the present.terms and
conditions of this nationwide permit. Please access the U.S. Army Corps of Engineers'
(Corps) Jacksonville District's Regulatory Internet page to access Internet links to view
the Final Nationwide Permits, Federal Register Vol. 77,, dated February 21, 2012,
specifically pages 10270 — 10290, the Corrections to the Final Nationwide Permits,
Federal Register 77, March 19, 2012, and the List of Regional Conditions. The Internet
page address is:
FWD
hftp://www.saj.usace.army.mil/.Missions/Regulatoryp§LE Onov
Please be aware this Internet address is case sensitive and should be entered as
appears above. Once there you will need to click on "Source Book"; and,then click on
"Nationwide Permits." These files contain the description of the Nationwide Permit
-2-
authorization, the Nationwide Permit general conditions, and the regional conditions,
which apply specifically to this verification for NWP 14. Enclosed is a list of the six
General Conditions, which apply to all Department of the Army authorizations. You
must comply with all of the special and general conditions and any project specific
condition of this authorization or you may be subject to enforcement action. In the event
you have not completed construction of your project within the specified time limit, a
separate application or re -verification may be required.
The following special conditions are included With this verification:
1. Within 60 days of completion of the work authorized, the attached Self -Certification
Statement of Compliance must be completed and submitted to the U.S. Army Corps of
Engineers. Mail the completed form to the Regulatory, Division, Special Projects and
Enforcement Branch, Jose Rivera, 4400 PGA Boulevard, Suite 500, Palm Beach
Gardens, Florida 33410.
2. The Permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structures or work herein
authorized, or if, in the opinion of the Secretary of the Army or his authorized
representative, said structure or work shaill cause �unreasonable obstruction to the free
navigation of the navigable waters, the Permiftee,will be required, upon due notice from
the U.S. Army Corps of Engineers, to remo ' ve,� relocate, or alter the structural work or
obstructions caused thereby, without expense toi,he United States. No claim shall be
made against the United States on account of any such removal or alteration.
3. Cultural Resources/Historic Properties: In addition to preserving Site 8SL3044 and
Site 8SL1 137, no structure or work shall adversely affect or disturb properties listed in
the National Register of Historic Places or those eligible for inclusion in the National
Register. Prior to the start of work, the Peirmittee or other party on the Permittee's
behalf, shall conduct a search in the National Register'Information System (NRIS).
Information can be found at; hftp://www.cr.nps.g6v/nr/�esearch/nris.htm. Information on
properties eligible for inclusion in the National Register can be identified by contacting
the Florida Master File Office by email at fmsfile@dos.state.fl.us or I phE at 850-
245-6440.
a. No structure or work shall adversely affect impact, or disturb properties listedicto"OW
National Register of Historic Places (NRHP) or those eligible for inclusion in the NRH .
b. If during the ground disturbing activities and construction work within the permit
area, there are archaeological/cultural materials, encountered which were not the
subject of a previous cultural resources assessment survey (and which shall include,
-3-
but not be limited to: pottery, modified shell, flora, fauna, �human remains, ceramics,
stone tools or metal implements, dugout canoes, evidence of structures or any other
physical remains that could be associated with Native American cultures or early
colonial or American settlement), the Permittee shall immediately stop all work and
ground -disturbing activities within a I 00-meter diameter of the discovery and notify the
Corps within the same business day (8 hours). The Corps shall then notify the Florida
State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic
Preservation Officer(s) (THPO(s)) to assess the�signiflcance of the discovery and devise
appropriate actions.
c. Additional cultural resources assessments may be required of the permit area in
the case of unanticipated discoveries as referenced in accordance with the above
Special Condition ; and if deemed necessary 6y the SHPO, THPO(s), or Corps, in
accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the
circumstances of the discovery, equity to all parties, and considerations of the public
interest, the Corps may modify, suspend or revoke the permit in accordance with 33
CFR Part 325.7. Such activity shall not resume.on non-federal lands without written
authorization from the SHPO for finds under his or her, jurisdiction, and from the Corps.
d. In the unlikely event that unmarked human remains are identified on non-federal
lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work
and ground disturbing activities within a 1 00-meter diameter of the unmarked human
remains shall immediately cease and the Permittee shall immediately notify the medical
examiner, Corps, and State Archeologist within the same business day (8-hours). The
Corps shall then notify the appropriate SHPO and THPO(s). Based, on the
circumstances of the discovery, equity to all parties, and considerations of the public
interest, the Corps may modify, suspend or revoke the permit in accordance with 33
CFR Part 325.7. Such activity shall not resume without written authorization from the
State Archeologist and from the Corps. I
4. Prior to the initiation of any work authorized by this p . t th PFJ' tee shall install
e'rm�erie
erosion control measures and/or turbidity curtains along the m 11 k areas
to prevent the displacement of fill material outside the ja� af
completion of the final grading of the land surface, all slopes, land surfa c Ed
areas shall be stabilized using sod, degradablemats, barriers, or a combination OPOPY
similar stabilizing materials to prevent erosion. The erosion control measures sha�l
remain in place and be maintained until all authorized work has been completed and the
site has been stabilized. I
5. Compensatory Mitigation: Within 6 months from the date of initiatingthe
authorized work the Permittee shall complete the following mitigation objective in
is
accordance with the approved compensatory mitigation plan (Attachment 2) as detailed
on Drawing 6 of 6: Breach a small upland berm in the southern portion of the project
area to connect an isolated wetland to tidal flow. The breach will be approximately 16-
feet by 2.5-feet by 2.5-feet.
6. Performance Standards: To meet the objectives of the approved compensatory
mitigation plan, the Permittee shall achieve the following performance standards:
a. At least 80 percent cover by appropriate wetland species (i.e., FAC or wetter) with
natural distribution and succession of plant growth.
b. Cover of Category I and 11 invasive exotic plant species, pursuant to the most
current list established by the Florida Exotic'Pest Plant Council at hftp://www.fieppc.org,
and the nuisance species, dogfennel (Eupatorium capilfifolium), Bermudagrass
(Cynodon spp.), Bahiagrass (Paspalum�notatum), and cattail (Typha spp.). shall total.
less than 5 percent. I
C. The breach shall be maintained and tidal flow must occur during the
normal tidal cycle to demonstrate proper flushing (hydrologic enhancement) for the
wetland to trend towards success.
The Permittee shall achieve the above performance standards by the end of the 5-
year monitoring period, with no maintenance during the 5th year of monitoring. In the
event that the above performance standards have not been achieved, the Permittee
shall undertake a remediation program approved by the Corps in accordance with the
Remediation Special Condition of this permit.
7. Monitoring and Reporting Timeframes: To show compliance with the
performance standards the Permittee shall complete the following:
a. Perform a time -zero monitoring event of the wetland mitigation area within 60 days
of completion of the compensatory mitigation objectives identifieCin the Compensatory
Mitigation Special Condition of this permit.' '*I
b. Submit the time -zero report to the Corps within 60 days of 60 LEC f
monitoring event. The report will include at least one paragraph depicting basGeOpy
conditions of the mitigation site prior to initiation of the compensatory mitigation
objectives and a detailed plan view drawing of all created, enhanced and/or restored
mitigation areas.
-5-
c. Subsequent to completion of the compensatory mitigation objectives, perform
semi-annual monitoring of the wetland mitigation area for the first 3 years and annual
monitoring thereafter for a total of no less than 5 years of monitoring.
d. Submit annual monitoring reports to the Corps within 60 days of completion of the
monitoring event. Semi-annual monitoring will be combined into one annual monitoring
report.
e. Monitor the mitigation area and submit annual monitoring reports to the Corps until
released in accordance with the Mitigation Release Special Condition of this permit.
8. Reporting Format: Annual monitoring reports shall follow a 10-page maximum
report format for assessing compensatory mitigation sites. The Permittee shall submit
all documentation to the Corps on BY2-inch by 11 -inch paper, and include the following:
a. Project Overview (1 Page):
(1) Department of the Army Permit Number
(2) Name and contact information of Permittee and consultant
(3) Name of party responsible for conducting the monitoring and the date(s) the
inspection was conducted
(4) A bdef paragraph describing the purpose of the approved project, acreage and
type of aquatic resources impacted, and mitigation acreage and type of aquatic
resources authorized to compensate for the aquatic impacts.
(5) Written description of the location, any identifiable landmarks of the
compensatory mitigation project including information to locate the site perimeter(s),
and coordinates of the mitigation site (expressed as latitude, longitudes, UTMs, state
plane coordinate system, etc.).
(6) Dates compensatory mitigation commenced and/or wa e aba Aft
9 TJ
Rk E X A
(7) Short statement on whether the performance standards are beinftgm5bp OP Y
(8) Dates of any recent corrective or maintenance activities conducted since the
previous report submission
(9) Specific recommendations for any additional corrective or remedial actions.
In
b. Requirements (1 page): List the monitoring requirements and performance
standards, as specified in the approved mitigation plan and special conditions of this
permit, and evaluate whether the compensatory mitigation project site is successfully
achieving the approved performance standards or trending towards success. A table is
a recommended option for comparing the performance standards to the conditions and
status of the developing mitigation site.
c. Summary Data (maximum of 4 pages): Summary data should be provided to
substantiate the success and/or potential challenges associated with the compensatory
mitigation project. Photo documentation may be provided to support the findings and
recommendations referenced in the monitoring report and to assist the PM in assessing
whether the compensatory mitigation project is meeting applicable performance
standards for that monitoring period. Submitted photos should be formatted to print on a
standard 8 Y2" x 11 " piece of paper, dated, and clearly labeled with the direction from
which the photo was taken. The photo location points should also be identified on the
appropriate maps.
d. Maps and Plans (maximum of 3 pages): Maps shall be provided to show the
location of the compensatory mitigation site relative to other landscape features, habitat
types, locations of photographic reference points, transects, sampling data points,
and/or other features pertinent to the mitigation plan. In addition, the submitted maps
and plans should clearly delineate the mitigation site perimeter(s). Each map or
diagram should be formatted to print on a standard 8 Y2" x I I" piece of paper and
include a legend and the location of any photos submitted for review. As -built plans may
be included.
e. Conclusions (1 page): A general statement shall be included that describes the
conditions of the compensatory mitigation project. If performance standards are not
being met, a brief explanation of the difficulties and potential remedial actions proposed
by the Permittee or sponsor, including a timetable, shall be provided. The District
Commander will ultimately determine if the mitigation site is successful for a given
monitoring period.
IM6
9. Remediation: If the compensatory mitigation falls to meet th e Dms M
I P!bjeWctivesc L; P
standards 5 years after completion of the compensatory mitigatiF 0 Y
compensatory mitigation will be deemed unsuccessful. Within 60 days of notification by
the Corps that the compensatory mitigation is unsuccessful, the Permittee shall submit
to the Corps an alternate compensatory mitigation proposal sufficient to create the
functional lift required under this permit. The alternate compensatory mitigation
proposal may be required to include additional mitigation to compensate for the
-7-
temporal loss of wetland function associated with the unsuccessful compensatory
mitigation activities. The Corps reserves the right to fully evaluate, amend, and approve
or reject the alternate compensatory mitigation proposal. Within 120 days of Corps
approval, the Permittee will complete the alternate compensatory mitigation proposal.
10. Mitigation Release: The Permittee's responsibility to complete the required
compensatory mitigation, as set forth in the Compensatory Mitigation Special
Condition of this permit will not be considered fulfilled until mitigation success has been
demonstrated and written verification has been provided by the Corps. A mitigation
area which has been released will require no further monitoring or reporting by the
Permittee; however the Permittee, Successors and subsequent Transferees remain
perpetually responsible to ensure that the mitigation area remains in a condition
appropriate to offset the authorized impacts in accordance with General Condition 2 of
this permit.
This letter of authorization does not give absolute Federal authority to perform the
work as specified on your application. The proposed work may be subject to local
building restrictions mandated by the National Flood Insurance Program. You should
contact your local office that issues building permits to determine if your site is located
in a flood -prone area, and if you must comply with the local building requirements
mandated by the National Flood Insurance Program.
If you are unable to access the internet or require a hardcopy of any of the conditions,
limitations, or expiration date for the above referenced NWP, please contact me by
telephone at 561-472-3530.
Thank you for your cooperation with our permit program. The Corps Jacksonville
District Regulatory Division is committed to improving service to our customers. We
strive to perform our duty in a friendly and timely manner while working to preserve our
environment. We invite you to complete our automated Customer Service Survey at
hftp://corpsmapu.usace.army.mil/em — apex/f?p=regulatory_survey. Please be aware
this Internet address is case sensitive; and, you will need to enter it exactly as it
appears above. Your input is appreciated — favorable or otherwise.
Sincerely,
Samantha L. Rice
Project Manager
Enclosures
Copies Furnished:
Mike Kiefer, email
CESAJ-RD-PE
GENERAL CONDITIONS
33 CFR PART 320-330
1. The time limit for completing the work authorized ends on March 18, 201
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity,. although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish
to cease to maintain the authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort of if the site is eligible for
listing in the National Register of Historic Places.
4. If you sell the property associated with this permit you must obtain the signature of
the new owner in the space provided and forward a copy of the permit to this office to
validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must
comply with the conditions specified in the certification as special conditions to this
permit. For your convenience, a copy of the certification is attached if it contains such
conditions.
6. You must allow a representative from this office to inspect the authorized activity at
any time deemed necessary to ensure that it is being or has been accomplished in
accordance with the terms and conditions of your permit.
DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST
PERMIT NUMBER: SA-J-2004-04543(NW-SLR)
When the structures or work authorized by this permit are still in existence at the time
the property is transferred, the terms and conditions of this permit will continue to be
binding on the new owner(s) of the property. Although the construction period for works
limitations, does not expire.
To validate the transfer of this permit and the �associated responsibilities associated
with compliance with its terms and conditions, have the transferee sign, and date below
and mail to the U.S. Army Corps of Engineers, Enforcement Section, Post Office Box
4970, Jacksonville, FL 32232-0019.,
(TRANSFEREE -SIGNATURE)
(SUBDIVISION)
(DATE) (LOT) (BLOCK)
(STREET ADDRESS)
(NAME -PRINTED)
(MAILING ADDRESS)
(CITY, STATE, ZIP CODE)
SELF -CERTIFICATION STATEMENT OF COMPLIANCE
Permit Number: SAJ-2004-04543
Permittee's Name & Address (please print or type):
Telephone Number:
Location of the
Date Work Started:
Date Work Completed:
PROPERTY IS INACCESSIBLE WITHOUT PRIOR NOTIFICATION: YES NO
TO SCHEDULE AN INSPECTION PLEASE CONTACT
AT
Description of the Work (e.g. bank stabilization, residential or commercial filling, docks,
dredging,
Acreage or Square Feet of Impacts to Waters of the United States:
Describe Mitigation completed (if applicable):
Describe any Deviations from Permit (attach drawing(s) depicting the deviations):
I certify that all work, and mitigation (if applicable) was done in accordance with the limit;i(OCUP-1
and conditions as described in the permit. Any deviations as described above are depicted on
the attached drawing(s).
Signature of Permittee
Date
i
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TIMBER POST
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St. Lucie County
PUBLIC WORKS DEPARTMENT
CODE COMPLIANCE DIVISION
2300 Virginia Avenue
Fort Pierce� EL 34982
772-462-1553
Design Certification for Wind Load Compliance
This Certification must be completed by the project design architect or engineer. This Certification must be
submitted in duplicate with all applications for building permits involving the construction of new residence
(single or multi- family), residential addition, any accessory structure requiring a building permit, and any
nonresidential structure. This Certification shall not apply to interior renovations (provided that no exterior
structural walls, columns or other components are being affected) and certain other minor building permits. For
further assistance, please contact the Building Inspection Office at (772)462-2172.
Project Name
Queens IsIaLd Ditch C..Ing
111�1111111111111111011[offic s -nl
Street Address
4653 SRAJA
Permit Number
FonPience, FL 34949
1 Occupancy Type
I Construction Type
Certification Statement:
I certify that, to the best of my knowledge and belief, these plans and specifications have been designed to
comply with the applicable structural portion of the Building Codes currently adopted and enforced by St. Lucie
County. I also certify that structural elements depicted on these plans provide adequate resistance to the wind
loads and forces specified by current code provisions.
Design Parameters and Assumptions Used: (Please check or complete the appropriate box.)
1 Florida Bulkling Code 20 14 Edition with 20 Supplements and ASCE 7 -10
2. Building Design is: Enclosed: — Partially Enclosed: Open Building: X
3. Mean Roof Height: N/A Roof Pitch; NIA Internal Pressure Coefficient: NIA
4. Width of End Zone: 1 . Wind Speed: 165 (3 sec. gust)
5. Building Classification Table 1-1. ASCE 7 FBC Table 1604.5 1
6. Wind Exposure Classification: C Adjustment Factor for Exposure & Height: 1.21
7. Components & Cladding Wind Pressure on RoofZone I N'A 2 4/A 3fNIA PSF
S. Components & Cladding Wind Pressure on Wall Zone 4��� PSF
9. Components & Cladding wind Pressure on Overhead Garage Door N/A PSF
10. Loads: Floor40 pSF ROOVdead.N/A pS]F Ro0f/Bvc_N1A pSF
11. Shear Walls Considered for Structure? Yes —XNo—(if No, attach explanation) &IZV
12. Continuous Load Path provided? Yes X No _ (if No, attach explanation) kc
13. Are Component and Cladding DetaRs Provided? Yes X No — (if No, attach explanation)
14. Minimum Soil Bearing Pressure: NIA Presumptive: — By Test: — PSF
As witnessed by my seal, I hereby certify that the information included with this certification is true and
correct, to the best of my knowledge and belief.
Name: BOWDOIN G. HUTCHINSON Cert#: PE#70878
Design Firm: Benchmark Engineering TC LLC Date: 7/15/2015
0
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