St Johns River Water Management District - Permit #40-127-65055-9 - 04-28-2006
St. Johns River
Water Management District
Kirby B. Green III, Executive Director . David W. Fisk, Assistant Executive Director
April 28, 2006
4049 Reid Street · P.O. Box 1429 · Palatka, FL 32178-1429 · (386) 329-4500
On the Internet at www.sjrwmd.com.
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City of Edgewater
104 N Riverside Drive PO Box 100
Edgewater, FL 32132
SUBJECT:
Permit Number 40-127-65055-9
ParkTowne Industrial Center: Tract A-11, Tract A-12, & Parcel A-14B Site
Development and Joint Drive
Dear Sir/Madam:
Enclosed is your general permit as authorized by the staff of the St. Johns River Water
Management District on April 28, 2006.
This permit is a legal document and should be kept with your other important documents. The
attached MSSW/Stormwater As-Built Certification Form should be filled in and returned to the
Palatka office within thirty days after the work is completed. By so doing, you will enable us to
schedule a prompt inspection of the permitted activity.
In addition to the MSSW/Stormwater As-Built Certification Form, your permit also contains
conditions which require submittal of additional information. All information submitted as
compliance to permit conditions must be submitted to the Palatka office address.
Permit issuance does not relieve you from the responsibility of obtaining permits from any
federal, state and/or local agencies asserting concurrent jurisdiction for this work.
Please be advised that the District has not published a notice in the newspaper advising the
public that it is issuing a permit for this proposed project. Publication, using the District form,
notifies members of the public (third parties) of their rights to challenge the issuance of the
general permit. If proper notice is given by publication, third parties have a 21-day time limit on
the time they have to file a petition opposing the issuance of the permit. If you do not publish, a
party's right to challenge the issuance of the general permit extends for an indefinite period of
time. If you wish to have certainty that the period for filing such a challenge is closed, then you
may publish, at your own expense, such a notice in a newspaper of general circulation. A copy
of the form of the notice and a list of newspapers of general circulation is attached for your use.
In the event you sell your property, the permit will be transferred to the new owner, if we are
notified by you within thirty days of the sale and if you provide the information required by 40C-
1.612, F.A.C. Please assist us in this matter so as to maintain a valid permit for the new
property owner.
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GOVERNING BOARD
David G. Graham, CHAIRMAN John G. Sowinski, VICE CHAIRMAN Ann T. Moore, SECRETARY Duane L. Ottenstroer, TREASURER
JACKSONVILLE ORLANDO BUNNELL JACKSONVILLE
R. Clay Albright Susan N. Hughes William W. Kerr Omelrias D. Long W. Leonard Wood
OCALA PONTE VEORA MELBOURNE BEACH APOPKA FERNANOINA BEACH
Thank you for your cooperation, and if this office can be of any further assistance to you, please
do not hesitate to contact us.
Sincerely,
~~~
Eliseo Miranda Jr.
Data Management Specialist II
Division of Permit Data Services
Enclosures: Permit with As-built Certification Form
Notice of Rights
List of Newspapers for Publication
cc: District Permit File
Agent:
Gierok Engineering
1835 Edgewater Drive
Orlando, FL 32804
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
Post Office Box 1429
Palatka, Florida 32178-1429
PERMIT NO. 40-127-65055-9 DATE ISSUED: April 28, 2006
PROJECT NAME: ParkTowne Industrial Center: Tract A-11, Tract A-12. & Parcel A-14B Site
Development and Joint Drive
A PERMIT AUTHORIZING:
Modification of a Surface Water Management System authorized by Permit Number 40-127-
65055-5 for the construction and operation of three commercial/industrial developments known
as ParkTowne Industrial Center: Tract A-11, Tract A-12, & Parcel A-14B Site Development and
Joint Drive, a 29.0-acre project.
LOCATION:
Section(s):
52
Township(s):
17S
Range( s): 34E
Volusia County
City of Edgewater
104 N Riverside Drive PO Box 100
Edgewater, FL 32132
Permittee agrees to hold and save the St. Johns River Water Management District and its
successors harmless from any and all damages, claims, or liabilities which may arise from
permit issuance. Said application, including all plans and specifications attached thereto, is by
reference made a part hereof.
This permit does not convey to permittee any property rights nor any rights of privileges other
than those specified herein, nor relieve the permittee from complying with any law, regulation or
requirement affecting the rights of other bodies or agencies. All structures and works installed
by permittee hereunder shall remain the property of the permittee.
This permit may be revoked, modified or transferred at any time pursuant to the appropriate
provisions of Chapter 373, Florida Statutes:
PERMIT IS CONDITIONED UPON:
See conditions on attached "Exhibit A", dated April 28, 2006
St. Johns River Water Management District
DeJ:lartrn nt of Resource Management
By:
"EXHIBIT A"
CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 40-127-65055-9
CITY OF EDGEWATER
DATED APRIL 28,2006
1. All activities shall be implemented as set forth in the plans, specifications and performance
criteria as approved by this permit. Any deviation from the permitted activity and the
conditions for undertaking that activity shall constitute a violation of this permit.
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 District staff. The permittee
shall require the contractor to review the complete permit prior to commencement of the
activity authorized by this permit.
3. Activities approved by this permit shall be conducted in a manner which do not cause
violations of state water quality standards.
4. Prior to and during construction, the permittee shall implement and maintain all erosion and
sediment control measures (best management practices) required to retain sediment on-site
and to prevent violations of state water quality standards. All practices must be in
accordance with the guidelines and specifications in chapter 6 of the Florida Land
Development Manual: A Guide to Sound Land and Water Management (Florida Department
of Environmental Regulation 1988), which are incorporated by reference, unless a project
specific erosion and sediment control plan is approved as part of the permit, in which case
the practices must be in accordance with the plan. If site specific conditions require
additional measures during any phase of construction or operation to prevent erosion or
control sediment, beyond those specified in the erosion and sediment control plan, the
permittee shall implement additional best management practices as necessary, in
accordance with the specifications in chapter 6 of the Florida Land Development Manual: A
Guide to Sound Land and Water Management (Florida Department of Environmental
Regulation 1988). The permittee shall correct any erosion or shoaling that causes adverse
impacts to the water resources.
5. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas
as soon as practicable in portions of the site where construction activities have temporarily
or permanently ceased, but in no case more than 7 days after the construction activity in
that portion of the site has temporarily or permanently ceased.
6. At least 48 hours prior to commencement of activity authorized by this permit, the permittee
shall submit to the District a Construction Commencement Notice Form No. 40C-4.900(3)
indicating the actual start date and the expected completion date.
7. When the duration of construction will exceed one year, the permittee shall submit
construction status reports to the District on an annual basis utilizing an Annual Status
Report Form No. 40C-4.900(4). These forms shall be submitted during June of each year.
8. For those systems which will be operated or maintained by an entity which will require an
easement or deed restriction in order to provide that entity with the authority necessary to
operate or maintain the system, such easement or deed restriction, together with any other
final operation or maintenance documents as are required by subsections 7.1.1 through
7.1.4 of the Applicant's Handbook: Management and Storage of Surface Waters, must be
submitted to the District for approval. Documents meeting the requirements set forth in
these subsections of the Applicant's Handbook will be approved. Deed restrictions,
easements and other operation and maintenance documents which require recordation
either with the Secretary of State or the Clerk of the Circuit Court must be so recorded prior
to lot or unit sales within the project served by the system, or upon completion of
construction of the system, whichever occurs first. For those systems which are proposed to
be maintained by county or municipal entities, final operation and maintenance documents
must be received by the District when maintenance and operation of the system is accepted
by the local governmental entity. Failure to submit the appropriate final documents
referenced in this paragraph will result in the permittee remaining liable for carrying out
maintenance and operation of the permitted system.
9. 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 the 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 that phase or portion of the system to local government or
other responsible entity.
10. Within 30 days after completion of construction of the permitted system, or independent
portion of the system, 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 As Built Certification Form 40C-1.181 (13) or 40C-1.181 (14)
supplied with this permit. When the completed system differs substantially from the
permitted plans, any substantial deviations shall be noted and explained and two copies of
as-built drawings submitted to the District. Submittal of the completed from shall serve to
notify the District that the system is ready for inspection. The statement of completion and
certification shall be based on on-site observation of construction (conducted by the
registered professional engineer, or other appropriate individual as authorized by law, or
under his or her direct supervision) or review of as-built drawings for the purpose of
determining if the work was completed in compliance with approved plans and
specifications. As-built drawings shall be the permitted drawings revised to reflect any
changes made during construction. Both the original and any 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. The
following information, at a minimum, shall be verified on the as-built drawings:
a. Dimensions and elevations of all discharge structures including all weirs, slots, gates,
pumps, pipes, and oil and grease skimmers;
b. Locations, dimensions, and elevations of all filter, exfiltration, or underdrain systems
including c1eanouts, pipes, connections to control structures, and points of discharge to the
receiving waters;
c. Dimensions, elevations, contours, or cross-sections of all treatment storage areas
sufficient to determine state-storage relationships of the storage area and the permanent
pool depth and volume below the control elevation for normally wet systems, when
appropriate;
d. Dimensions, elevations, contours, final grades, or cross-sections of the system to
determine flow directions and conveyance of runoff to the treatment system;
e. Dimensions, elevations, contours, final grades, or cross-sections of all conveyance
systems utilized to convey off-site runoff around the system;
f. Existing water elevation(s) and the date determined; and Elevation and location of
benchmark(s) for the survey.
11. The operation phase of this permit shall not become effective until the permittee has
complied with the requirements of general condition 9 above, the District determines the
system to be in compliance with the permitted plans, and the entity approved by the District
in accordance with subsections 7.1.1 through 7.1.4 of the Applicant's Handbook:
Management and Storage of Surface Waters, accepts responsibility for operation and
maintenance of the system. The permit may not be transferred to such an approved
operation and maintenance entity until the operation phase of the permit becomes effective.
Following inspection and approval of the permitted system by the District, the permittee shall
request transfer of the permit to the responsible approved operation and maintenance entity,
if different from the permittee. Until the permit is transferred pursuant to section 7.1 of the
Applicant's Handbook: Management and Storage of Surface Waters, the permittee shall be
liable for compliance with the terms of the permit.
12. Should any other regulatory agency require changes to the permitted system, the permittee
shall provide written notification to the District of the changes prior implementation so that a
determination can be made whether a permit modification is required.
13. This permit does not eliminate the necessity to obtain any required federal, state, local and
special district authorizations prior to the start of any activity approved by this permit. This
permit does not convey to the permittee or create in the permittee any property right, or any
interest in real property, nor does it authorize any entrance upon or activities on property
which is not owned or controlled by the permittee, or convey any rights or privileges other
than those specified in the permit and chapter 40C-4 or chapter 40C-40, F.AC.
14. The permittee shall hold and save the District harmless from any and all damages, claims,
or liabilities which may arise by reason of the activities authorized by the permit or any use
of the permitted system.
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 specifically approved unless a specific condition of this permit or a formal
determination under rule 40C-1.1 006, F.AC., provides otherwise.
16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or
other transfer of ownership or control of the permitted system or the real property at which
the permitted system is located. All transfers of ownership or transfers of a permit are
subject to the requirements of rule 40C-1.612, F.AC. The permittee transferring the permit
shall remain liable for any corrective actions that may be required as a result of any permit
violations prior to such sale, conveyance or other transfer.
17. Upon reasonable notice to the permittee, District 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.
18. If historical or archaeological artifacts are discovered at any time on the project site, the
permittee shall immediately notify the District.
19. The permittee shall immediately notify the District in writing of any previously submitted
information that is later discovered to be inaccurate.
20. This permit for construction will expire five years from the date of issuance.
21. Ata minimum, all retention and detention storage areas must be excavated to rough grade
prior to building construction or placement of impervious surface within the area to be
served by those facilities. To prevent reduction in storage volume and percolation rates, all
accumulated sediment must be removed from the storage area prior to final grading and
stabilization.
22. All wetland areas or water bodies that are outside the specific limits of construction
authorized by this permit must be protected from erosion, siltation, scouring or excess
turbidity, and dewatering.
23. Prior to construction, the permittee must clearly designate the limits of construction on-site.
The permittee must advise the contractor that any work outside the limits of construction,
including clearing, may be a violation of this permit.
24. This permit authorizes construction and operation of a surface water management system in
accordance with the plans received by the District on March 31,2006.
Notice Of Rights
1. A person whose substantial interests are or may be determined has the right to request
an administrative hearing by filing a written petition with the St. Johns River Water
Management District (District), or may choose to pursue mediation as an alternative
remedy under Sections 120.569 and 120.573, Florida Statutes, before the deadline for
filing a petition. Choosing mediation will not adversely affect the rights to a hearing if
mediation does not result in a settlement. The procedures for pursuing mediation are
set forth in Sections120.569 and 120.57, Florida Statutes, and Rules 28-106.111 and
28-106.401-.405, Florida Administrative Code. Pursuant to Chapter 28-106 and Rule
40C-1.1007, Florida Administrative Code, the petition must be filed at the office of the
District Clerk at District Headquarters, P. O. Box 1429, Palatka, Florida 32178-1429
(4049 Reid St., Palatka, FL 32177) within twenty-six (26) days of the District depositing
notice of District decision in the mail (for those persons to whom the District mails actual
notice) or within twenty-one (21) days of newspaper publication of the notice of District
decision (for those persons to whom the District does not mail actual notice). A petition
must comply with Chapter 28-106, Florida Administrative Code.
2. If the Governing Board takes action which substantially differs from the notice of District
decision, a person whose substantial interests are or may be determined has the right to
request an administrative hearing or may choose to pursue mediation as an alternative
remedy as described above. Pursuant to District Rule 40C-1.1 007, Florida
Administrative Code, the petition must be filed at the office of the District Clerk at the
address described above, within twenty-six (26) days of the District depositing notice of
final District decision in the mail (for those persons to whom the District mails actual
notice) or within twenty-one (21) days of newspaper publication of the notice of its final
agency action (for those persons to whom the District does not mail actual notice). Such
a petition must comply with Rule Chapter 28-106, Florida Administrative Code.
3. A substantially interested person has the right to a formal administrative hearing
pursuant to Section 120.569 and 120.57(1), Florida Statutes, where there is a dispute
between the District and the party regarding an issue of material fact. A petition for
formal must comply with the requirements set forth in Rule 28-106.201, Florida
Administrative Code.
4. A substantially interested person has the right to an informal hearing pursuant to
Sections 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute.
A petition for an informal hearing must comply with the requirements set forth in Rule
28-106.301, Florida Administrative Code.
5. A petition for an administrative hearing is deemed filed upon delivery of the petition to
the District Clerk at the District headquarters in Palatka, Florida.
6. Failure to file a petition for an administrative hearing, within the requisite time frame shall
constitute a waiver of the right to an administrative hearing (Section 28-106.111, Florida
Administrative Code).
7. The right to an administrative hearing and the relevant procedures to be followed are
governed by Chapter 120, Florida Statutes, and Chapter 28-106, Florida Administrative
Code and Section 40C-1.1007, Florida Administrative Code.
Notice Of Rights
8. An applicant with a legal or equitable interest in real property who believes that a District
permitting action is unreasonable or will unfairly burden the use of his property, has the
right to, within 30 days of receipt of notice of the District's written decision regarding a
permit application, apply for a special master proceeding under Section 70.51, Florida
Statutes, by filing a written request for relief at the office of the District Clerk located at
District headquarters, P. O. Box 1429, Palatka, FL 32178-1429 (4049 Reid St., Palatka,
Florida 32177). A request for relief must contain the information listed in Subsection
70.51(6), Florida Statutes.
9. A timely filed request for relief under Section 70.51, Florida Statutes, tolls the time to
request an administrative hearing under paragraph no. 1 or 2 above (Paragraph
70.51 (1 O)(b), Florida Statutes). However, the filing of a request for an administrative
hearing under paragraph no. 1 or 2 above waives the right to a special master
proceeding (Subsection 70.51 (1 O)(b), Florida Statutes).
10. Failure to file a request for relief within the requisite time frame shall constitute a waiver
of the right to a special master proceeding (Subsection 70.51 (3), Florida Statutes).
11. Any substantially affected person who claims that final action of the District constitutes
an unconstitutional taking of property without just compensation may seek review of the
action in circuit court pursuant to Section 373.617, Florida Statutes, and the Florida
Rules of Civil Procedures, by filing an action in circuit court within 90 days of the
rendering of the final District action, (Section 373.617, Florida Statutes).
12. Pursuant to Section 120.68, Florida Statutes, a person who is adversely affected by final
District action may seek review of the action in the District Court of Appeal by filing a
notice of appeal pursuant to the Florida Rules of Appellate Procedure within 30 days of
the rendering of the final District action.
13. A party to the proceeding before the District who claims that a District order is
inconsistent with the provisions and purposes of Chapter 373, Florida Statutes, may
seek review of the order pursuant to Section 373.114, Florida Statutes, by the Florida
Land and Water Adjudicatory Commission, by filing a request for review with the
Commission and serving a copy on the Department of Environmental Protection and any
person named in the order within 20 days of adoption of a rule or the rendering of the
District order.
14. For appeals to the District Court of Appeal, a District action is considered rendered after
it is signed on behalf of the District, and is filed by the District Clerk.
15. Failure to observe the relevant time frames for filing a petition for judicial review
described in paragraphs #11 and #12, or for Commission review as described in
paragraph #13, will result in waiver of that right to review.
Notice Of Rights
Certificate of Service
I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent by U.S.
Mail to:
City of Edgewater
104 N Riverside Drive PO Box 100
Edgewater, FL 32132
At 4:00 p.m. this 28th day of April, 2006.
~~rI~
Division of Permit Data Services
Gloria Lewis, Director
St. Johns River Water Management District
Post Office Box 1429
Palatka, FL 32178-1429
(386) 329-4152
Permit Number: 40-127-65055-9