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Home My WebLink AboutWATER MANAGEMENT DISTRICT`,yStR M1f.t�c QF � SoUTH Distrin Hadquamrs: 3301 Gun Club Road. West Palm Beach. Florida 33406 (561) 686-UOO �.sfwmdgov r� „t CON 24-06 ra C r� Application No.: 111115-24 General Permit No.: 56-03200-W December13,2011 PALM PARK CENTER L L C 2525 S E FEDERAL HWY STUART, FL 34994 ie C A DearPermittee: -n n SCANNED BY St. Lucie Countv SUBJECT: General Water Use Permit No.: 56-03200-W Project: COASTAL FLOORS & GRANITE_ Location: ST LUCIE COUNTY, S261T36S/R40E Permittee: PALM PARK CENTER L L C This letter is to notify you of the District's agency action concerning your Notice of Intent to Use Water. This action is taken pursuant to Chapter 40E-20, Florida Administrative Code (FA.C.). Based on the information provided, District rules have been adhered to and a General Water Use Permit is in effect for this project subject to: 1. Not receiving a filed request for Chapter 120, Florida Statutes, administrative hearing and 2. The attached Limiting Conditions. The purpose of this application is to obtain a Water Use Permit for landscape irrigation of 0.62 acres of turf using a sprinkler irrigation system. Withdrawals are from the Surficial aquifer system via one proposed withdrawal facility. Prior to drilling the proposed well, it will be necessary for you to obtain a well construction permit from the St. Lucie County Health Department. Lowei West Coatt Scrvice Centex 2301 McGregoraaulevard, Fart Myers, FL33901 (239) 338.2929 Orlando Service Cmtm1707Orlando Central Paikwoy,Suiw200,Orl=do,FL32809 (407)858.6100 OkcwhobxS&vim Centee205NorthPamott.Aveoue.Suite201,Okcechobw,FL34972 (863)462.5269 Application Number. 111115-24 PALM PARK CENTER L L C December 13, 2011 Page 2 id p,, Date Of Issuance: December 13, 2011 Expiration Date: December 13, 2031 Water Use Classification: Landscape Total Serviced Acreage: 0.62 ( 0.62 acres of turf ) Water Use Permit Status: Proposed <n Environmental Resource Permit Status: Not Applicable t- Right Of Way Permit Status: Not Applicable Ground Water From: Surficial Aquifer System Permitted Allocation(s): Annual Allocation: 797,700 Gallons _r Maximum Monthly Allocation: 108,500 Gallons r Proposed Withdrawal Facilities - Ground Water Source: Surficial Aquifer System 1 - 2° X 10D' X 40 GPM Well Cased To 85 Feet Rated Capacity Source(s) Status Code GPM MGD MGM MGY Surficial Aquifer System P 40 0.06 1.8 21 Totals: 40 0.06 1.8 21 U) M n Application Number: 111115-24 r PALM PARK CENTER L L C December 13, 2011 Page 3 Should you object to the Limiting Conditions, please refer to the attached Notice of Rights which addresses t, the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have questions concerning this matter. If we do not hear from you prior to the time frame specified in the Notice of Rights, we will assume that you concur with the District's recommendations. Certificate Of Service ,c I HEREBY CERTIFY that a Notice of Rights has been mailed to the addressee not later then 5:00 p.m. this 13th day of December, 2011, in accordancewith Section 120.60(3), Florida Statutes. Sincerely, C%ycL � Thomas Calios Section Leader Water Use Bureau n TOG /ms Enclosure c: Dept of Environmental Protection Friscia Engineering St. Lucie County Planning and Development Services Application Number: 111115-24 PALM PARK CENTER L C December 13, 2011 Page 4 Limiting Conditions 1. This permit shall expire on December 13, 2031. 2. Application for a permit modification maybe made at anytime. 3. Water use classification: Landscape Irrigation 4. Source classification is: Ground Water from: Surficial Aquifer System 5. Total annual allocation is .7977 MG. Total maximum monthly allocation is .1085 MG. These allocations represent the amount of water required to meet the water demands as a result of rainfall deficit during a drought with the probability of recurring one year in ten. The Perrmittee shall not exceed these allocations in hydrologic conditions less than a 1 in 10 year drought event. If the rainfall deficit is more severe than that expected to recur once every ten years, the withdrawals shall not exceed that amount necessary to continue to meet the reasonable -beneficial demands under such conditions, provided no harm to the water resources occur and: (a) All other conditions of the permit are met: and (b) The withdrawal is otherwise consistent with applicable declared Water Shortage Orders in effect pursuant to Chapter40E-21, F.A.C. 6. Pursuant to Rule 40E-1.6105, F.A.C., Notification of Transfer of Interest in Real Property, within 30 days of any transfer of interest or control of the real property at which any permitted facility, system; consumptive use, or activity is located, the permittee must notify the District, in writing, of the transfer giving the name and address of the new owner or person in control and providing a. copy of the instrument effectuating the transfer, as set forth in Rule 40E-.1.6107, F.A.C. Pursuant to Rule 40E-1.6107 (4), until transfer is approved by the District, the permittee shall be liable for compliance with the permit. The permittee transferring the permit shall remain liable for all actions that are required as well as all violations of the permit which occurred prior to the transfer of the permit. Failure to comply with this or any other condition of this permit constitutes a violation and pursuant to Rule 40E-1.609; Suspension, Revocation and Modification of Permits, the District may suspend or revoke the permit. This Permit is issued to: Palm Park Center LLC 2525 SE Federal Hwy Stuart, FL 34994 n �1 Y m U Application Number: 111115-24 PALM PARK CENTER L L C P December 13, 2011 Page 5 Limiting Conditions 1J 7. Withdrawal Facilities: Ground Water - Proposed: 1- 2" X 100' X 40 GPM Well Cased To 85 Feet lO 8. Permittee shall mitigate interference with existing legal uses that was caused in whole or in part by the pennittee's withdrawals, consistent with the approved mitigation plan. As necessary to offset the r- interference, mitigation will include pumpage reduction, replacement of the Impacted Individual's equipment, relocation of wells, change in withdrawal source, or other means. Interference to an existing legal use is defined as an impact that occurs under hydrologic conditions equal to or less severe than a 1 in 10 year drought event that results in the: (1) Inability to withdraw water consistent with provisions of the permit, such as when remedial structural -p or operational actions not materially authorized by existing permits must be -taken to address the -, Interference; or (2) Change in the quality of water pursuant to primary State Drinking Water Standards to the extent that the water can no longer be used for Its authorized purpose, or such change is imminent. 9. Permittes shall mitigate harm to existing. off -site land uses caused by the permittee's withdrawals, as - determined through reference to the conditions for permit issuance. When harm occurs, or is imminent, the District will require the pernittee to modify withdrawal rates or mitigate the harm. Harm caused by withdrawals, as determined through reference to the conditions for permit issuance, includes: (1) Significant reduction in water levels on the property to the extent that the designed function of the water body and related surface water management Improvements are damaged, not including aesthetic values. The designed function. of a water body is Identified In the original permit or other governmental authorization issued for the construction of the water body. In cases where a permit was not required, the designed function shall be determined based on the purpose for the original construction of the water body (e.g. fill for construction, mining, drainage canal, eta) (2) Damage to agriculture, including damage resulting from reduction in soil moistureresulting from consumptive use; or (3) Land collapse or subsidence caused by reduction in water levels associated with consumptive use. 0n i_ t- Application Number. 111115-24 PALM PARK CENTER L L C December 13, 2011 Page 6 Limiting Conditions 10. Permittee shall mitigate harm to the natural resources caused by the pernittee's withdrawals, as determined through reference to the conditions for permit issuance. When harm occurs, or is Imminent, the District will require the permittee to modify withdrawal rates or mitigate the harm. Harm, as determined through reference to the conditions for permit issuance includes: (1) Reduction in ground or surface water levels that results in harmful lateral movement of the fresh water/salt water interface, (2) Reduction in water levels that harm the hydroperiod of wetlands, (3) Significant reduction In water levels or hydroperiod in a naturally occurring water body such as a lake or pond, (4) Harmful movement of contaminants In violation of state water quality standards, or (5) Harm to the natural system including damage to habitat for rare or endangered species. 11. If any condition of the permit is violated, the permit shall be subject to review and possible modification. enforcement action, or revocation. 12. Authorized representatives of the District shall be permitted to enter, inspect, and observe the permitted system to determine compliance with special conditions. 13. The Permittee is advised that this permit does not relieve any person from the requirement to obtain all necessary federal, state, local and special district authorizations. 14. The permit does not convey any property right to the Permittee, nor any rights and privileges other than those specified In the Permit and Chapter 40E-2, Florida Administrative Code. 15. Permittee shall submit all data as required by the Implementation schedule for each of the limiting conditions to: SFWMD, Regulatory Support Division, MSC 9611, P.O. Box 24680, West Palm Beach, FL 33416-4680. 16. In the event of a declared water shortage, water withdrawal reductions will tie ordered by the District in accordance with the Water Shortage Plan, Chapter 40E-21, F.A.C. The Permittee is advised that during a water shortage, pumpage reports shall be submitted as required by Chapter 40E-21, F.A.C. 17. The permittee shall comply with Mandatory Year -Round Landscape Irrigation Conservation Measures, as established by Chapter 40E-24, F.A.C. 18. The Permittee shall submit to the District an updated Well Description Table (Table A) within one month of completion of the proposed wells Identifying the actual total and cased depths, pump manufacturer and model numbers, pump types, intake depths and type of meters. NOTICE OF RIGHTS As required by Sections 120.569(1), and 120.60(3), Fla. Stat., following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial 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 the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attomey regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South Florida Water. Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a head6g`on a, District decision which does or may detemiiee their substantial interests shall file a petition for hearing witltthe District Clerk within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: 1) within 14 days of the notice of consolidated intent to grant or deny concurrently, reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or 2) within 14 days of service of an Administrative Order pursuant to Subsection 373A19(1), Fla Stat. "Receipt of written notice of agency decision' means receipt, of either written notice through mail, or electronic mail, or posting that the District has or intends to take final agency action, or publication of notice, that the District has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. Filing Instructions The Petition must be filed with the Office of the District Clerk of the,SFWMD. Flings with the District Clerk may be made by mail, hand -delivery or facsimile. Filings by e-mail, will, not be accepted. Any person wishing to receive a clerked copy with the date and time stamped must provide an additional copy. A petition for administrative hearing is deemed filed upon receiptduring normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Any document -received by office of the SFWMD Clerk after 5:00 p.m. shall be filed as of 8:010 an. on the next regular business day. Additional filing instructions. are as follows: Filings by mail must be addressed to•the Office of the SFWMD Clerk, P.O. -Box 24680, West Palm Beach; Florida 33416: Filings by hand -delivery must be delivered to the Officeof the SFWMD Clerk. Delivery of a petition to the' FMMD's security.desk does. not constitute filing: To ensure,proper filing; It will be necessary to request the SFWMD's security, officer to contact the Clerk's office. An employee of the SFWMD's Clerk's office will receive and file,the petition. Filings by facsimile must, be transmitted to the SFWMD Clerk's Office at,(561)"682=6010. Pursuant to Subsections 28-106.104V), (8) and (9), Fla. Admin.'Gode, a'paiiy who files a document by facsimile, represents that. the onginal,physically'signed document will be retained by that party for the duration of that, proceeding and'of any subsequent appealcr subsequent proceeding in `that cause. Any party who; elects to file: any document by facsimile shall be responsible for My delay, disruption, or intemrption,of the electronic signals and accepts the full -risk that the documentmay not be properly filed with the clerk as a result. The filing date fora document filed by facsimile shall be the datethe SFWMD Clerk receives the complete document Rev. 07/01/2008 x z Initiation of an Administrative Hearing Pursuant to Rules 28-106.201 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 and 1/2 by 11 inch white paper. N All petitions shall contain: N 1. Identification of the action being contested, including the permit number, application number, District file number or any other SFWMD identification number, if known. 2. The name, address and telephone number of the petitioner and petitioners representative, if any. 3. An explanation of how the petitioners substantial interests will be affected by the agency determination. 4. A statement of when and how the petitioner -received notice of the SFWMD's decision. 5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification #. of the SFWMD's proposed action. { 8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action. „ A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline 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 SFWMD and any other parties agree to or oppose the extension. 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 the District takes action with substantially different impacts on water resources from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28-106.111, Fla. Admin. Code, unless otherwise provided by law. Mediation The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28-106.111 and 28-106.401-.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573; Fla. Stat, at this time. 'RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Sections 120.60(3) and 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a, notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where,a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days.of rendering of the final SFWMD action. Rev. 07/01/2009 2 v, I r FI r• l T 34 r� r r T 35 C i F T 36 t T 37 37 •R 38 R 39 R 40 R 41 ST LUCIE COUNTY, FLORIDA N Application Number. 11,1115-24 Map Date: 2011-11-29 Permit Number: 5M3200-W Sec 26 IfTwp 361 Rge 40 Project Name: COASTAL FLOORS & GRANITE 0 5 10 "'- Miles Exhibit No:.1 1 _I L, , 1 1 1 1 I I I I I I I I I ITI f 1 T l l l i i j l � I I I I I 1 1 I 'TI— i i i- I I I I I i ,iii-_ 11 1 1 I I I I ij ' 1 1 1 I I I I iT i 111115E24t, - -I -1 1 I I I i I I i i i i � � I I I I I I I I I I I I I I I I I I I+ I I I I I I I I I I I I I I I I I !� I I _ I I I I I I I I I I I I I I 11 I I f I I_ I I, I__ I I I I I I I I I I I I I I _ I I I I I I I I I I I I I I I I 1 1 1 I I I I I I I I 1 1 I I I I I I I I I I, 4 i"J'QS- ,',firs- GQL.•� �F- '�i %� __F i+ZV w 'yam ti ;.y _ ..;`_"`I � •,�el� ®■ Application Number: 111115.24 well ID 261005 Name well • Map Designator Well 1 • FLUwID Number Well Field Existing/Proposed P WellDiameter(Inches) 2 Total Depth(feet) 100 Cased Depth(foot) 85 Facility Elov..(fL NGVD) Screened Interval From To Pumped Or Flowing P Pump Typo Jet Pump, InL.Elev. Fast (NGVD) Foot(BLS) Pump Capacity(GPM) 40 Year Drilled Planar Location Source Feet East 879442 M Feet North 1083996 XAccounting Method None. iT use Status Primary Z Wateruse Type Irrigation 0 SuMcial Aquifer System Aquifer 0d 7h o i 113%I II v1 (3 3 I*j N V0C TABLE • A Description Of Wells. Page 1 :n D m 0 Page 1 calculations Of Irrigation Requirements APPLICATION NUMBER: 111115.24 RAINFALL STATION: Stuait =013: Turf IRRIGATION SYSTEM: Sprinkler SOIL TYPE: 0.8 PARCEL ACREAGE: 0.62 PARCEL NAME: LANDSCAPE LAND USE: Landscape IRR. MULTIPLIER: 1.3 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV. DEC TOTAL MEAN RAINFALL 2.40 2.72 3.57 2A 4'.95 6.58 6.53 5.71 8.05 6.69 2.83 2.56 55.35 EVAPOTRANSPIRATION 1.91 2.19 3.75 5.09 6.64 7.40 7.88 7.55 6.41 4.96 3.19 '225 59.22 AVG. EFFECTIVE RAIN 1.10 1.24 1.72 1A8 2.69 3.58 3.66 3.20 4.03 3.17 1.36 1.18 28.41 DROUGHT RAINFALI 0.89 1.00 1.39 120 218 2.90 2.96 2.59 326 2.57 1.10 0.96 23.00 AVERAGE IRRIGATION 0.81 0.95 2.03 3.61 3.95 3.82 4.22 4.36 2.38 1.79 1.93 1.07 30.61 DROUGHT IRRIGATION 1.02 1.19 2:36 3.89 4A6 4.50 4.92 4.96 3.15 2.39 2.09 1.29 36.22 ANNUALSUPPLEMENTAL CROP REQUIREMENT: 36.22 INCHES ANNUAL SUPPLEMENTAL CROP WATER USE: 36.22 IN X 0.62 AC X 1.3 X 0.02715 MG/AC-IN = 0.79MG MAXIMUM MONTHLY SUPPLEMENTAL CROP REQUIREMENT: 4.96 INCHES MAXIMUM MONTHLY SUPPLEMENTAL CROP WATER USE: 4.96 IN X 0.62 AC X 1.3 X 0.02715 MG/AC4N = 0.11 MG TOTAL ANNUAL DEMAND: TOTAL MAXIMUM MONTHLY DEMAND: Page 1 of 1 0.79 MG 0.11 MG Exhibit No: 5 �n `'- SOUTH F .6kwA WATER MANAGEMENT DImi[cT m District Headquarters: 3301 Gun Club Road Wat Palm aeack Florida 33406 (561) 68"800 wwwsfwnulgov 0 SCANNEb BY r� St. Lucie Count, CON24-06 ApplicationNo.: 111115-24 REC�9�� General Permit No.: 56-03200-W December 13, 2011 JUL 2 9 2016 PALM PARK CENTER L L C 2525 S E FEDERAL HWY STUART, FL 34994 t- Dear Permittee: SUBJECT: General Water Use Permit No.: 56-03200-W Project: COASTAL FLOORS & GRANITE Location: ST LUCIE COUNTY, S261T36S/R40E n Permittee: PALM PARK CENTER L L C t� This letter is to notify you of the District's agency action concerning your Notice of Intent to Use Water. This action is taken pursuant to Chapter 40E-20, Florida Administrative Code (F.A.C.). Based on the information provided. District rules have been adhered to and a General Water Use Permit is in effect for this project subject to: 1. Not receiving a filed request for Chapter 120, Florida Statutes, administrative hearing and 2. The attached Limiting Conditions. The purpose of this application is to obtain a Water Use Permit for landscape irrigation of 0.62 acres of turf using a sprinkler irrigation system. Withdrawals are from the. Surricial aquifer system via one proposed withdrawal facility. Prior to drilling the proposed well, it will be necessary for you to obtain a well construction permit from the St. Lucie County Health Department. T Application Number. 111115-24 PALM PARK CENTER L L C December 13, 2011 Page 2 Date 0f Issuance: December 13, 2011 Expiration Date: December 13, 2031 Water Use Classification: Landscape Total Serviced Acreage: 0.62 ( 0.62 acres of turf ) Water Use Permit Status: Proposed Environmental, Resource Permit Status:. Not Applicable Right Of Way Permit Status: Not Applicable Ground Water From: Surficial Aquifer System Permitted Alloeation(s): Annual Allocation: 797,700 Gallons Maximum Monthly Allocation: 108.500 Gallons Proposed Withdrawal Facilities • Ground Water Source: Surficial Aquifer System 1 - 2° X 100' X 40 GPM Well Cased To 85 Feet Rated Capacity Source(s) Surficial Aquifer System Totals: Status Code GPM MGD MGM MGY P 40 0:06 1.8 21 40 0.06 1.8 21 Application Number. 111115-24 PALM PARK CENTER L L C ., December 13, 2011 Page 3 Should you, object to the Limiting Conditions, please refer to the attached Notice of Rights which addresses N the procedures to be followed if you desire'a public hearing or other review of the proposed agency action. ' Please contact this office if you have questions concerning this matter. If we do not hear from you prior to the time frame specified in the Notice of Rights, we will assume that you concur with the District's recommendations. Certificate Of Service <a I HEREBY CERTIFY that a Notice of Rights has been mailed to the addressee not later than 5:00 p.m. this 13th day of December, 2011, in accordance with Section 120.60(3), Florida Statutes. i_ Sincerely, / 9 Thomas Colios Section Leader Water Use Bureau -n n TDC /ms Enclosure c: Dept of Environmental Protection Friscia Engineering St. Lucie County Planning and Development Services I (D 4�' Application Number. 111115-24 PALM PARK CENTER L L C December 13, 2011 Page 4 Limiting Conditions 1. This permit shall expire on December 13, 2031. 2. Application for a permit modification may be made at anytime. 3. Water use classification: Landscape Irrigation 4. Source classification is: Ground Water from: Surficial Aquifer System 5. Total annual allocation is .7977 MG. Total maximum monthly allocation is .1085 MG. These allocations represent the amount of water required to meet the water demands as a result of rainfall deficit during a drought with the probability of recurring one year in ten. The Permittee shall not exceed these allocations in hydrologic conditions less than a 1 in 10 year drought event. If the rainfall deficit is more severe than that expected to recur once every ten years, the withdrawals shall not exceed that amount necessary to continue to meet the reasonable -beneficial demands under such conditions, provided no harts to the water resources occur and: (a) All other conditions of the permit are met; and (b) The withdrawal is otherwise consistent with applicable declared Water Shortage Orders in effect pursuant to Chapter 40E-21, F.A.C. 6. Pursuant to Rule 40E-1.6105, F.A.C., Notification of Transfer of Interest in Real Property, within 30 days of any transfer of interest or Control of the real property at which any permitted facility, system; consumptive use, or activity is located; the permittee must notify the District, in writing, of the transfer giving the name and address of the new owner or person in control and providing a copy of the instrument effectuating the transfer, as set forth in Rule 40E-1.6107, F.A.C. Pursuant io Rule 40E-1.6107 (4), until transfer is approved by the District, the permittee shall be liable for.compliance_ with the permit. The pennittee transferring the permit shall remain liable for all actions that are required as well as all violations of the permit which occurred prior to the transfer of the permit. Failure to comply with this or any other condition of this permit constitutes a violation and pursuant to Rule 40E-1.609, Suspension, Revocation and Modification of Permits, the District may suspend or revoke the permit. This Permit is issued to: Palm Park Center LLC 2525 SE Federal Hwy Stuart, FL 34994 �.n n z m M- Application Number. 111115-24 PALM PARK CENTER L L C December 13, 2011 Page 5 Limiting Conditions Fu 7. Withdrawal Facilities: Ground Water- Proposed 1 - 2" X 100' X 40 GPM Well Cased To 85 Feet 8. Perrmittee shall mitigate interference with existing legal uses that was caused in whole- or in part by the pennittee's withdrawals, consistent with the approved mitigation plan. As necessary to offset the {- interference, mitigation will include pumpage reduction, replacement of the impacted Individual's equipment, relocation of wells, change in withdrawal source, or other means. Interference to an existing legal use is defined as an impact that occurs under hydrologic conditions equal to or less severe than a 1 in 10 year drought event that results in the: (1) Inability to withdraw water consistent with provisions of the permit, such as when remedial structural -m or operational actions not materially authorized by existing permits must be taken to address the r-, interference; or (2) Change in the quality of water pursuant to primary State Drinking Water Standards to the extent that the water can no longer be used for Its authorized purpose, or such change is imminent. 9. Pernittee shall mitigate harm to existing off -site land uses caused by the permiftee's withdrawals, as determined through reference to the conditions for permit Issuance. When harm occurs, or is imminent, the District will require the pernittee to modify withdrawal rates or mitigate the harm: Hann caused by withdrawals, as determined through reference to the conditions for permit issuance, includes: (1) Significant reduction in water levels on the property to the extent that the designed function of the water body and related surface_ water management improvements are damaged,. not including aesthetic values. The designed function of a water- body is identified in the original- permit or other governments] authorization issued for the construction of the water body. In cases where a permit was not required, the designed function shall be determined based on the purpose for the original construction of the water body (e.g. fill for construction; mining, drainage canal, etc.) (2) Damage to agriculture, including damage resulting from reduction in soil moisture resulting from consumptive use; or (3) Land:collapse or subsidence caused by reduction in water levels associated with consumptive use. Z RI Application Number. 111115-24 PALM PARK CENTER L L C December 13, 2011 `' Page 6 rq Limiting Conditions n� 10. Permittee shall mitigate harm to the natural resources caused by the permittee's withdrawals, as determined through reference to the conditions for permit issuance. When harm occurs, or is - Imminent, the District will require the permittee to modify withdrawal rates or mitigate the harts. Hann, as determined through reference to the conditions for permit issuance includes: (1) Reduction in ground or surface water levels that results in harmful lateral movement of the fresh co water/salt water interface, ! (2) Reduction in water levels that harm the hydroperiod of wetlands, (3) Significant reduction in water levels or hydroperiod in a naturally occurring water body such as a lake or pond, (4) Harmful movement of contaminants in violation of state water quality standards, or T. (5) Hann to the natural system including damage to habitat for rare or endangered species. r, 11. If any condition of the permit is violated, the permit shall be subject to review and possible modification. enforcement action, or revocation. 12. Authorized representatives of the District shall be permitted to enter, Inspect, and observe the permitted system to determine compliance with special conditions. 13. The Permittee is advised that this permit does not relieve any person from the requirement to obtain all necessary federal, state, local and special district authorizations. 14. The permit does not convey any property right to the Permittee, nor any rights and privileges other than those specified In the Permit and Chapter 40E-2, Florida Administrative Code. 15. Permittee shall submit all data as required by the Implementation schedule for each of the limiting conditions to: SFWMD, Regulatory Support Division, MSC 9611, P.O. Box 24680, West Palm Beach, FL 33416-4680. 16. In the event of a declared water shortage, water withdrawal reductions will be ordered by the District in accordance with the Water Shortage Plan, Chapter 40E-21, F.A.C. The Permittee Is advised that during a water shortage, pumpage reports shall be submitted as required by Chapter 40E-21, F.A.C. 17. The permittee shall comply with Mandatory Year -Round Landscape Irrigation Conservation Measures, as established by Chapter 40E-24, F.A.C. 18.. The Permittee shall submit to the District an updated Well Description Table (Table A) within one month of completion of the proposed wells Identifying the actual total and cased depths, pump manufacturer and model numbers, pump types, intake depths and We of meters. As required by Sections 120.569(1), and 120.60(3), Fla. Stat., following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantialinterests,of a party are determined by an agency. Please note that this Notice of Rights is not intended to provideJegal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on_that-action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing withthe District Clerk within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: 1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to;Section 373.427, Fla. Stat.; or 2) within 14 days of service of an Administrative Order pursuant to Subsection 373.119(1), Fla. Stat: "Receipt of written notice of agency decision" means receipt of either written notice through mail, or electronic mail, or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. Filing Instructions The Petition must be filed with the Office of the District Clerk of the SFWMD. Flings with the District Clerk may be made by mail, hand -delivery or facsimile. Filings by e-mail; will not be accepted. Any person wishing to receive a clerked copy: with the date and time stamped must provide an.additional copy. A petition for administrative hearing is deemed fled upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Any document received by the office of the SFWMD Clerk after 5:00 p.m. shall tie fled as of8:00 a.m. on the next regular business, day. Additional filing instructions are as follows: • Filiings by mail must be addressed to the Office of the SFWMD.CIerk,. P.O. Box•24680, West Palm Beach; Florida 33416. • Filings by hand -delivery must be delivered to the.Office;of the SFWMD Clerk. Deliveryof a petition to the SFWMD's security; desk does not constitute filing,. To ensure,properfiting, it will be necessary to request the SFWMD's security officer to contact the,Clerk's-office. An employee of the SFWMIYs Clerk's office will receive and file the petition. • Filings by facsimile must be transmitted to the SFWMD Clerk's'Office at (561)'682 60-10. Pursuant to Subsections 28-106.104(7), (8) and (9), Fla. Admin. Code, a partywho files a, document by facsimile represents that the.on-1hal physically signed document will, be retained by that party. for the duratom of that proceeding and: of any subsequent appeator subsequent:proceeding in that cause Any party who elects to file any document by facsimile shall be responsible forany delay, .disruption, or interruption _of the electionic signals and accepts the full risk that the document may notbe properly filed.with the clerk as result. The filing date for a document fled by'facsimile shall be the date the SFWMD Clerk receives the complete document Rev. 07/0112009 x o Initiation of an Administrative Hearing Pursuant to Rules 28-106.201 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 and 1/2 by 11 inch white paper. All petitions shall contain: iv 1. Identification of the action being contested, including the permit number, application number, District file number or any other SFWMD identification number, if known. 2. The name, address and telephone number of the petitioner and petitioner's representative, if any. 0 3. An explanation of how the petitioner's substantial interests will be affected by the agency determination. N 4. A statement of when and how the petitioner received notice of the SFWMD's decision. 5. A statement of all.disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. ° 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification {. of the SFWMD's proposed action. x 8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action. n A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline 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 SFWMD and any other parties agree to or oppose the extension. 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 the District takes action with substantially different impacts on water resources from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28-106.111, Fla. Admin. Code, unless otherwise provided by law. Mediation The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28-106.111 And 287106A01-.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Sections 120.60(3) and 120.68, Fla. StaG, a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing -a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. Rev. 07/01/2009 T34 j l l l l h i l l I I I I I I I I I I I I 1 1 _ _ITIITTII - _ __ II_II IIIII I I t1 1I!11 II11 I 1 � l I II I i T35 I T36 I T37 R 37 ;;;WI L I I __ ! I 1 I I I I �' I I I I I I I I 1 7I 7 —�1 T I T I T —l__ _ I —1 I I I I ' i l l I I I I I 11- 1 1 I I I I i l i i l l i i i I I I I i i T 11 1 1 1 I I TT I I I I I I I I I I I I I I I __T i_ 1_ I I l l l 1 1 1 I I I I I I I_ 1 I I I I I I I I I I I I I I I I I I I 11 1 (L I I I I I I I I I I I I I I I 1 I II I 1 I I_ I I I 1 I I i I I I I I_ I�I I I I I I I I I I I I I I I I I I I I l i l t i,iTi ItTT I I I I I I I I I I I I i l l I I I I R 33 R 39 R 40 ST LUCIE COUNTY, FLORIDA R41 N A Application Number. 111115-24 Map Date: 2011:1129 Permit Number: 56-03200-W Sec 26IfTwp 136 / Rge 40' Project Name: COASTAL FLOORS & GRANITE 0 5 Exhibit ,r'' 3 - - • I'�� ,' � gam, 1 , �- :ass. t .. � _ � �' _,' �:�•� -,a MEN MEN ) Application Number: 111115-24 Jd TABLE -A Description Of. Wells. Well ID 261005 Name. well Map Designator Well FLUND.Number Well Field- E:istinglProposed P Well Diameter(inches) 2 Total Depth(feel) 100 Cased'Depth(foot) 85 Facility Elev. (ft. NGVD) Screened Interval From To Pumped Or Flowing :P Pump Type Jet Pump Int..Elay. Feet (NGVD) Feet (BLS) Pump Capacity(GPM) 40 Year Drilled Planar Location Source Feet East 879442 M, Feet North 1083996 �. Accounting Method None O- Use Status Primary Z Water Use Type Irrigation Surficial Aquifer System Aquifer Page 1 + o TTO -i 1/7I Q�I`4NV--IS Page 1 Calculations Of Irrigation Requirements APPLICATION NUMBER: 111115-24 RAINFALL STATION: Stuart 'ROP: Turf IRRIGATION SYSTEM: Sprinkler SOIL TYPE: 0.8 PARCEL ACREAGE: 0.62 PARCEL NAME: LANDSCAPE LAND USE: Landscape IRR. MULTIPLIER: 1.3 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL MEAN RAINFALL 2.40 2.72 3.57 2.76 4.95 6.58 6.53 5.71 8.05. 6.69 2.83 2:5655.35 EVAPOTRANSPIRATION 1.91 2.19 3.75 5.09 6.64 7.40 7.88 7.55 6AI 4.96 3.19 2.25 56.22 AVG. EFFECTIVE RAIN 1.10 1.24 1.72 1.48 2.69 3.58 3.66 3.20 4.03 3.17 1.36 1.18 28.41 DROUGHT RAINFALI 0.89 1.00 1.39 '1.20 2.18 2.90 2.96 2.59 3.26 2.57 1.10 0.96 23.00 AVERAGE IRRIGATION 0.81' 0.95 2.03 3.61 3.95 3.82 4.22 4.35 2.38 1.79 1.63 1.07 30.81 DROUGHT IRRIGATION 1.02 1.19 2.36 3.89 4.46 4.50 4.92 4.96 3.15 2.39 2.09 1.29 36.22 ANNUAL SUPPLEMENTAL CROP REQUIREMENT: 36.22 INCHES ANNUAL SUPPLEMENTAL CROP WATER USE: cc 36.22 IN X 0.62 ACX 1.3 X 0!02715 MG/AC-IN = MAXIMUM MONTHLY SUPPLEMENTAL CROP REQUIREMENT: MAXIMUM MONTHLY SUPPLEMENTAL CROP WATER USE: 4.96 IN X 0.62 ACX 1.3 X 0.02715 MG/AC-IN = TOTAL ANNUAL DEMAND: TOTAL MAXIMUM MONTHLY DEMAND: Page 1 of 1 0.79MG 4.96 INCHES 0.11 MG 0.79 MG 0.11 MG Exhibit No: 5 s