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Pelican Strand Tract 15
RECEIVED FEB 1 ? 1999 Board of County ¢OMMUN'tTY DEVELOPMENT & ENVIRONMENTAL SERVttE$ DIVISION ENG]:NEERZN~ REV'i:EW SE¢'I-ZON MEMORANDUM TO: Sue Filson, Administrative Assistant FROM: ~Tohn R. Houldsworth, Senior Engineer DATE' February 17, 1999 RE: Pelican Strand Tract 15 Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Pelican Strand Tract 15. This document has been reviewed by Engineering Review and the County Attorney's Office. Collier County R~oJution No. 93-147 provides for the administrative approval of preliminary work authorizations. Please have the Chairman sign the document and forward to the Clerk's office. Should you have any questions, please advise. jrh CC: Project File Reading File PELICAN STRAND TRACT 15 PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into this .)..-:- day of' 1999, by and between the Board of County Commissioners of Cc lief County ~Fiorida, hereinafter referred to as "County , and PELICAN STRAND I.TD., hereinafter referred to as tile "Owner." RECITALS: \VflEREAS, the County has adopted Collier County Ordinance No. 97-17 known as tile PELICAN STRAND Ordinance, hereinafter referred lo as the PUD; and WI-IEREAS, tile Owner represents and warrants it is the record tee title owner oF the lands described in PELICAN STRAND TRACT 15, said legal description attached hereto as Exhibit "A: and incorporated herein by reference; and WHEREAS, thc South Florida Water Management District issued a surface water management permit for PELICAN STRAND TRACT 15, SFWMD Application No. I 1-01461-P: and WIIEREAS, Owner represents that tile Preliminary Work Authorization is needed because construction of infrastructure needs to occur as soon as possible duc to economic a~ld development schedule reasons; and WHEREAS, Owner represents and warrants that no construction shall occur in environmentally sensitive areas unless tile necessary permits and approvals for the construction have been obtained by the Owner; and WltEREAS, Owner acknowledges that all requirements of Collier County's Grov,,th Management Plan and Adequate Public Facilities Ordinance, No. 93.82, will be met prior to approval of a final subdivision plat, or final site development plan or building permit, as appropriate; and WHEREAS, Section 3.2.7.3.6 of the Land Development Code establishes a mechanism for processing and issuing a Preliminary. Work Authorization. NOW TItEREFORE, in consideration of the premises, tile mutual Lmdertakings of the parties, and other good and valuable consideration, it is agreed by the parties hereto as follows: Page I SECTION I - ACKNOWI,EDGMENT Thc foregoing recitals are tree and correct and are incorporated herein by rcfcrcncc. Further, it is jointly acknowledged that tile execution of' this Agreement docs not constitute a Development Order or any other final approval by Collier County. SECTION 2 - IMPROVEMENTS mo Oxvner shall be permitted to perform site preparation and construction activities subject to thc conditions, limitations and restrictions contained in Sections 3 through 7 below, as follows: Earthv,'ork necessary for the installation of water and sewer lines, drainage ifil)eS. swales and road bed preparation. 2. Installation ofstorm drainage pipes and swales. 3. Installation ofwatcr and sewer lines. Tile preliminary work detailed in this Section shall be in accordance with plans entitled PELICAN STRAND TRACT 15 consisting of 8 sheets, prepared by HOLE, MONTES & ASSOCIATES, INC., dated AUGUST, I998 and revised FEBRUARY 1999, hereinafter referred to as "The Preliminary Work." The legal description of the boundaries of the Preliminary Work is shown on the preliminary plat for PELICAN STRAND TRACT 15 consisting of 2 s}~ccts prepared by JACK GARRIS, PLS, HOLE, MONTES AND ASSOCIATES, INC. Pr/or to any work being undertaken, owner shall submit to the County complete permit packages and applicable review and inspection fees for thc necessary pein'fits for thc t'reliminary Work (the "Preliminary Work Permits"). These applications arc as follows: o Pelican Strand Tract 15, construction plans consisting of 8 shccts prepared by Hole, Montes and Associates, Inc. Pelican Strand Tract 15, linal plat consisting of 2 sheets prepared by Hole, Montes & Associates, Inc. SECTION 3 - PERMITS REQUIRED Issuance of the Preliminary Work Permits shall be conditioned upon the following: Ao County staff finding that the applications for Preliminary Work Permits are complete and satisfactory and are ready for scheduling to thc Board of County Commissioners for final plat approval. Page 2 Bo Owner submitting to the County a copy of tile early work permit or actual permit from the South Florida Water Managenlent District for all matters included in the jurisdiction of the South Florida Water Management District, which conforms with the Prclimina©, Work Release plans submitted to the County. FDEP WATER DISTRIBUTION PERMIT FDEP SANITARY SEWER COLLECTION PERMIT SECTION 5- INDEMNIFICATION Owner agrees to indemnify and hold Cotmty ham'fiess against any and all liability, loss. damage or expenses from clainls or causes of action, including attorneys fees and court costs. resulting from. arising out of, or in connection with Owner's negligence and/or wilICul misconduct in the construction of thc Preliminary Work under the Preliminary Work Permits or any challenge by any person or party objecting to tile legality or validily offthe Agreemenk SECTION 6 - RES'FRICTIONS This Agreement shall be binding upon the parties and is not transferable. SECTION 7- IAMITATIONS This Agreement shall expire thirty (30) days from the date of the issuance of tire .Preliminary Work Pemlits if the project's final plat is not submitted to tile Board of County Commissioners for approval pursuant to Division 3.2 of thc l.and f)eveloprncnt Code, unless Owner is delayed in having his final plat reviewed by the Board duc to lbo fitult of thc Cottllly. All work approved by this Agreement must cease and not restart if thc final plat is not submitted and approved by the Board of County Commissioners withir~ this authorization period. No ,,york is authorized under this Agreement prior to satisfying the conditions A and B in Section 3 of tills Agreement. Any attempt to commence work prior to issuance of requisite permits shall render all provisions of this Agreement null and void. By entering into this Agreement thc County docs not guarantee and tile Owner cannot rely upon tile fact that the project's final plat will be approved upon submission to tile Board of County Commissioners. Tile Owner is required to comply with all of tile provisions and procedures of thc Land l)cvelopment Code before the final plat can be submitted lo tile Board for consideration. Page 3 IN WITNESS WHEREOF, the parties have ex¢¢ut¢cl this Agreement the clay first above written77 Printed Name Printed Name ATTEST: ,... : Dwight Brock, Clerk ?" Ce .... AlSproved as to form and legal sufficiency: He'idi F..,~shton, Assistant County Attorney PELICAN STRAND, I,TD. A Florida Limited Parmcrship B Y: P e I i c ar)-StT~-13'~'~fb'p rn e n t Con'~oration Its G~ener~ F'mmcr / x~, President BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLe~IDA ff.'~mela S. Mac Kie, Chaj~vom}n STATE OF: Florida COUNTY OF: Collier The foregoing instrument was acknoxvlcdged before...., mc this 1999 by ~e~t-~,'1{ , w,~;de_t,t ~'.' ~60d¢,.t~ O~ Co¢oration authorized to do B~sinessjn the state of Flori~)He is personally known to m~and did not take an oath. NOTA,W~;j~UBLIC --" .... Commt~ion Number Printed l~ame of: Notary Public W:\1997x1997015~Gtlt fxpreliminaryworkauthor~zation.doc .~;°a-e 4 - :G-,' EXttII~ I T "A" LEGAL DESCRPTIOr;: A PORIION OF /RAG[ F, PELICAN SIRAND ACCORDING lc) I}tE PLAt THEREOF AS RECORDED ItJ PLAT BOOK 28, PAGES 58 7kiROUGH 6.5 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MOPE PARTICIJLARLY DESCRIBED AS F OLLOWa: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHV~SF ONE-QUARTER OF SECTION ~8, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: THENCE RUN S.88'51'41"E., ALONG THE NORTH LINE OF l~tE NORTHWEST ONE-QUARTER OF SAID SECTION 18, FOR A DISTANCE OF 154.3.85 FEET: THENCE RUN S.01'28'19"W., FOR A DISTANCE OF 1.331.55 FEET TO THE P~OINT OF E3~GINNING OF THE PARCEL OF LAND HEREIN DESCRIBE; THENCE RUN S. 7,5,'E_41'59"E.' FOR A DISTANCE OF 106.66 FEET; THENCE RUN S.62'51'02., FOR A DISTANCE OF 78,3.26 FEET; THEKICE RUN S.04'07'~4"E., FOR A DISTAl'ICE OF 18,5.57 FEET; THENCE RUN g.51'40'41"W., FOR A DISTANCE OF 696.82 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHWEST£RE'F, V/HOSE RADIUS POINT DEARS S.84'15'50'W., A DISTANCE OF 510.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 510.00 FEET, THROUGH A CENTRAL ANGLE OF 39'56'59", SUBTENDED BY A CHORD OF 5q8.59 FEET AT A BEARING OF N.25'44'29"W., FOR A DISTANCE OF 355.55 FEET TO THE END OF SAID CURVE; THENCE RUN N.45'42'54"W., FOR A DISTANCE OF 78.48 FEET TO THE BEGINNING OF A TANGENTIAL' CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUH NORTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAV1NG A RADIUS OF 260.00 FEET, THROUGH A CENTRAL ANGLE OF 48'25'58", SUBTENDED B'f A CHORD OF 213.50 FEET AT A BEARING OF N.21'29'55"W., FOR A DISTANCE OF 219.78 FEET TO THE END OF SAID CURVE; THENCE RUN i'1.02'43'04"E., FOR A DISFANCE OF 438.41 FEET TO THE _POti'IT OF BE$1NN CONTAINING 10.992 A "' CREw, MORE OR LESS. Form 10941 08/9S SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE STANDARD GENERAL PERMIT NO. 11-01461-P PERHITTEE: PELICAN STRAND LTD. 10621 AIRPORT PULLING ROAD SUITE l NAPLES, FL 34109 DATE ISSUED' December 18, !998 r F_ ..... ,: PROJECT D~_,,.,RIPTION' MODIFICATION OF A SURFACE WATER MANAGEHENT SYSTEH SERVING i0.~9 ACRES OF RESIDENTIAL DEVELOPMENT KIIC)WH AS PELICAH STRAND TRAC; 15. PROJECI LOCATION: COLLIER COUNTY, SECTION 18 lWP 48S RGE 26E PERHIT DURATION: Five years from the date issued to complete construction of the surface water management system as authorized herein. See attach.~:d Rule 40E-4.321. Florida Administrative Code. This is to notify you of the District's agency action concerning Not/ce of Intent :~r Permit Application ilo. 981117-8, dated November 17, 1998. This action is taken pursuant to Rule 40E-1.603 and Chapter 40E-40 , Florida Administrative Code (F.A.C.). Based on the information provided, District rules have been adhered to and an Environmental Resource General Permit is in effect for this project subject to: 1. Not receiving a filed request for a Chapter 120, Florida Statutes administr;] ire hearing, ' 2. the attached General Conditions, 3. the attached 6 Special Conditions, and 4. the attached 5 Exhibit(s). Should you object to these conditions, please refer Lo the attached "Hotice of Rights" which addresses the procedures to be followed if you desire a public hearir,, or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear From you in accordant.: with the "Notice of Rights," we will assume that you concur with the District's action, CERTIFICATE OF SERVICE I HEREBY CERJT'~,FY. . tha~"Notice, of Rights" has been mailed to the Permittee (and persons.~l~s[/e~ in ~ ~l~tached distribution list) no later than 5'00 p.m. on this 18th d~)~'of/D'e~:em~e~! ~998, in accordance with Section 120.60(3) Florida Statutes BY: . ~he~rvP ~r~am '-~\ i Center Director Ft Myers Service Center Certified Mail No. Z 519 783 397 Enclosures NOTIeF, 011' RIGHTS. Section 120.569(1), Fla. SLat. (1997), requires that 'each no,ice, mil inform tim recipient of any adminlnLrative hearing or judicial review tlmt ia available under fi~ts section, s. 120,57, or s. I20.68; shall indicate the procedure'which must be followcd to obtain thc !mating o:- judidal rc~qew, and shall ~tate the time limi~ whid~ apply.' P/ease:n.o~e that~.a No[/~ of IUsfl~ is no~ Lu~nded Lo p:'ov£de iegal'advic, e. N~t ail thc legal proceedings de~Icd belcw may be an applicable or appropria~ remedy. You may wish to consult an attorney rcgard.:ng your legal right. Pc£i(ion for Admirtintrative Procecdings I. A ~n whom su~~ in~ ~ ~c~ by ~e ~u~ ~oH~ a~on 1~ ~c ~ht ~ ~qu~ ~ adm~is~a~vc he~g on ~mt J~on. ~c ~ec~d ~on may ~e~ ci~cr a fom~ or ~ ~omM he~ng, ~ ~ fo~ ~low. A ~in~ of cn~ ~ stimulative p~gs ~ governed by RuIcs ~- U~om Rules of P~durc m; Rule dOF~ 0.109), az get fo~x ~low. Pc~Uo~ a~ deemed fi]cd u~n ~ipt of O:e oH~nal do~menkq by ~,e S~T~,{D ~crk~ a. J"o rm n I/~ _ri m i7~.5_[r n_qJ, If a genuine ir. sue(s) ofma~rial fact ie in d[spu~, the affected ~eP~ng a formal hearing on n SI~VMD dec[sion whlc]~ doe.-, or may de~nnine their cub.ctantlal interests droll file a I~tition for hearing purstmnt to Sections 120.669 and 120.~7(1), Fla. SLat. or for mediation pursuant to Section I20.573, Fire SLak wittfin 21 days, except mq provided fit subsections c. and d. Imlo'.v, of citJmr writes notice through nmi] or frosting or publicakion of notice that the SI;SVI,fD hms or intcnck~ to take final agency action. Petitions must substantially comply witli film requirements of Rule 28- 106.201(2), Fla. Admin. Code, a copy of the whicli, is attached to this Notice of Rights. If Omre o~e no ~m~ of ma~g~ai scek~g ~ i~o~a~ 'hea~ng on S~5%~ de,sion~ v(t~d~ do~ may de~c ~ he~g p~t ~ for m~5oa P~t ~ cr~pt ms pm',qded in gubzecfiom: c. and d. ~low, of eloper' nog~ ~ugh mMl or ~sSng publi~Gon of nohcc Omt SI'RVMD hms or in,sds to fin~ agency action. Petitioms mu::t eubs~fi~l), comply wi~t rcquiremcn~ of Rule 10G.S01(2), ~a. Admin. ~de, cop7 of Om which is at~ched tiffs Noti~ of R{gh~. c. ,~Ominiairnfive C~mpl ~d I~ a I~nden~ obje~-~ S78.I19, ~ S~t. (1997), I~n named in Administrative C~mptaint Order may file a ~fition fo:' heahng no later G~ ld ~.ay~ Om da~ sud~ o~er is Pe~o~ m~ subs~ti~ly v,SO~ ~e m~kemen~ of ei~mr subsec~on a. or b. aMve. d. ~tm~ Imndn Envimnmenlnt ~$ou~.pemit, P~u~t ~ ~on 373.427, Via. S~t., ~d Rule 40~I.511(3), Fla. A~. ~de (~ pub~hed ~ c×ception to thc Uniform Rules of Procedure n.s Rule 40E-0.i09(2){c)), n pc~(/on objecting to the Si~fD'a agent7 actlon regarding consolidated application~ for Environmental 1M~...urce Permlta and Use of Scwercign Subn~er~ed Lanc~ (SLPARP~), mu~t be filed wifl~n 14 chLvn of the notice con~olidatod intent ~o grant or deny the SLEIIP. PeCltlon~ mtt~ mzL~mClaI/~ complf with the requlmmen~ of c.:ther ~ubm~Ydon or b. above. e. ~mcrffency Ired OFdcr A pert, on who~ m~b~/.ant(aI in~ereoL~ are affected by EmerEency Authorization and Order, ha~ a right to file a petition under Sec~on~ ~90.GGg, and 120.67(2), Fla. provldecI in ~"ub~ecfion~ a. and b. above. I~owever, the.pen;on, or the agent of the perr, on.re,~T/armible for cau~.Lug or contributing, to the emergency condltion.~ ~hall Cake wha~ver action necessary to cause lmmedia~ compliance wiLh the Ce. rrn~ of the Emergency Authoz:izaC[on and Order. £ Order for ~ _m. erg_on~ A pemon v:ho~e ~ubstantiaI lntereoto are affected by a SF%Vh[D Order for Emergency Action Im~ a right to fde a petition p~ Rule~ 28-I07.005 and Flm Arlm;~ Code, copiem of which are at~achecI-to thi~ Notlce of I[ightn, and Section 873.119(8), Fla. Stat., for a hearing on the Order. /my ~ub~equent agency action or proposed agency action to initiate a fomai revocation proceedin~ 8tmll be ~eparately noticed pursuant to ~ection ~. below. g' Jlevo c_n t~on,/~nnu]ment pnd ~,V~tl]drnwnl If tile S ][i~,~ issues administrative complaint, to suspend, revoke, annul, or wifl~draw a permit, flxe pcrmittce may re 'ucst a hearing to conductcu in ac~~ Sec~o~ 120.~G9 ~d 120.67, Fla. S~t., ~fl~ 2i day~ of ei~er ~t~n no~ ~ough m~ ~ or pub~ffon ofno~ re~men~ of R~e 2~- ~py of ~c w~ ~ at~dmd hea~g proce~ ~'de~ed~ ~ ~om~a~ from ~en~ acffon, the f~g df a me~ ~ ~e S~'8 ~ ac~on may be ~erent from ~e ~fion ~en by pre~o~Iy. Pe~o~ who~e in~ms~ may be ~e~d by ~y ~Udx de.rom of the S~ .nt~ have, Admin. ~de (almo published an a:: cz~ption .~ the Unifomn Ru]e~ Procedure an I~ule 40~-0.109(~)(c)), additional 21 dayn from ~e da~ of receipt of noti~ of oaid deM~on to reque~ admi~Cive he~g. However, a~pc of ~e a~~a~ve hc~g shall ~ Hmi~d ~ Gxe aubs~fi~ deviation. 3. Pu~u~t ~ ~Ie 40E- ~cc~d ~ons entitled ~ a.' hc~mg may w~ve flmir 5ght ~ ~ a hca~g ~d request ~ ~om~ he~g before ~e Gove~{ng Bo~ p~t ~ So.ion 120.87(2), ~a. S~t., w]Hch may ~an~d at tim option of H~e Govcmfinv Board. 4. Purcuant ~ Rule~- may file 'vzi~ the S~ a' reques't for ex. ns[on 0f t~e for fil~g a petition. S~, for good ~uae gho~, may gr~t ~e c~ion. ~e request for e~nsion must ~n~n a ~{fi~te that petitioner has ~ul~d %d~l ~1 other pullen, if ~y, ~n~g ~le ~d Qlat the SF%~ ~d ~1 other a~ee ~ the e~ion. 6. Pursuant to Section 373.617, Fla. S~at.0 aro, r. ub~tant~ally afI'oc{,ed person Wire clnlm8 fJLU:l.f, ~nal ~cncy ac~on of thc uncon~d[u~ionnl ju~ oompcns~on of thc ac[ion ~n nc~on ~n thc drcuit cour~ ~n thc ~udidal drcuit ~n whid~ ]oc~d vHO~n ~0 ~c S~,~'s E~ ~ ~on. G. Puruuant to ,Section 403.412, Flm Stat, any cit/zcn of ~oHdn may b~g an a~on for ~un~vc mHcf ~ thc S~,~ ~ ~m~l ~c S~ ~ c~or~ ~:c ~ws of ~p~r 873, ~ S~t., ~d Ti~e i0E, Em /~ ~. ~1c ~mp~n~ p~,y mu~ f~c with S~VJ,~ Clerk a vc~ ~mp~% b~ ~d the m~er ~ wtHd~ the mmp~n~g p~y k ~e~md. If on dm mmpl~nt w~fin ~0 daw of ~e ~mpl~n~ng pa~y may Q~n file m ~vi] su~ for ~njun~ve ~lief ~ the 15~ Ju~c~l C~it ~n ~d for Palm P~ad~ ~unty or dr~it mu~ M ~e ~ty where ~e of a~on allegcdIy ~d. 7. Purmumt to Section 373.433, Fla. Stat., a priva~ dtizen of Flor/da may file su/t Lu drcui~ court to require the abetment of any ~rrnwa~r msnnfement ~'~%cm, dam, impoundment, rcccrvoLr, appurtennn~ work or wot 'k~ ~Jmt v[olate thc provisions of Chapter 373, Mm I ) L%"II ti CT CO URT O F API' 'I:iAL 8. Pursuant to Section 120.68, Fla. Stat., a party who is advemely affected by From S1~5%[D action may r. eck judicial review of thc SFV/1MI)'s final decision by filing a notice of appeal pursuant to Mor/da Rule of Appellate Procedure 9.110 in the Fourth District Cou,~ of AppeaI or ~n tim appellate di~rict where a party resides and £fling a ~econd copy of the notice with the SF%VMD Clerk wRldn SO da$-o of rende~:~g of thc final SI'~', f~fD ac~on. LA1N~ AND WATFLP~ ADJUD IC.kTO i~y COi~2~[ISS~0N 9. - A part)' to a 'PrOceeding :'below" ~"s~ m~ew by the ~d and Wa~r ~u~W ~m~ion ~WA C) of SI~'~ ~ ~enw action ~c p~o~ ~p~ cf ~p~. 373, ~ S~k P~ b ~on 873.I14, S~k, ~d RuI~ ~2.013 ~ 4~2.0~32, ~ ~m{n. ~e, a ~ for ~ew of ~ o~cr or mle of tim fi~ m~t ~ed ~th k~WAC ~ 20 da~m mn~on of~e o~cr or MoUflon of~e DepOnent of ~nmen~ Pro~c~cn (DEP) mq~g mendmen~ or m~aI ef wiflfin 80 ~'~ of ~fion of'thc DEI~ o~er, ~d..(c) a S~,~ o~er ended p~u~ ~ a forum adnfi~atR, c he~ng raider ~on ~0.~7(i), ~a. m~c~ Im filed no lair fl~ 20 day~ rendi~on of file S~%~'g final orde;-. ~que~ for review mu~ ~ ~em'ed en DEP ~~., ~y ~n named in S~ or DEP finn! o~er, ~d ~1 p~co ~ the p~eding ~low. A. ropy of I[u]e 4 2.013, I~m ~. ~e ~ at,died ~ No~m of ~gh~. I'IIIVATE PIXOPI2XI'k"I[IGIiTS PIIOTE. C'I%O.N ACT i0. ~ p~y owner who ~egcs a ~dfic a~on of ~c S~ has ino~i~ly b~ed ~ ~g ~e of Om real pm~y, or a rased ~ght ~ a spcdfic use of ~e real pm~y, may file a claim fl~e dm~t ~u~ where tim mM I)~j:.' lo~d wiflfin i ye~ of tim S~%~ action pu~u~t ~ tim p~es set fo~: Subsection 70.00I(4~a), ~a. S~t. USE AIh'D I~-N1d7110,N~'TAL DISPb'FiZ ~O~ON 11. A pm~y owner ,,vim aHcgcs fl~at a 2~ developmcnt o:~cr flint ~ ~ defined ~ Section 70.Gi(2Ka), I~a. S~L ~ ~clude ~f~) or SFWMD enforcement action in unremoonabIe, ~r unfairly burdena the u~e of the real property, ratty file a reque..~t for relief wi~ the SI;SVMD within ~0 doo~ of · receipt of Cbc ,8FWMD'a order or notice of agency ad/on punmant to the pmceduma r.e~ forth in Sub~ztiona 70.61(i) and (6), I2. A penma whose ~ub~.ant/nI in -tercd~ are, or may be, affected by Om SFWMD'a acCion may e4oo~ med~tion ms an alCemative remedy under 1202573, Fla. S~a~. rSzrmmn~ to Rule 9..8- IOG.IiI(2), Flm Adm/m C, ode, the pe~f2on for medlar/on rJmI1 be filed withia 2I day~ of ei0aeb writ. em notice through mai1 or poatlng or publlca~oa of not, ce that the S1Wt~AfD Ires or in~ncla to take. final act/om Choo:{ng medlar/on will not advcmly affect adm,nmtrativ¢ hcarin~ if mediafi[on docs not reaml{; in'ief. CIement. Pmmuanf; to Ih. de 2B-IOG.402, Fla. Admin. C~o, the con~n~ of the peStlon for mediation ~halI con-~tain thc follov, qng information: (I) the name, nddrezc, rind ~lcphonc number of tim pe-rr/on reque~Gng mediation and tlmt pe-rr, on's rePre~ntatlve, (2) a ataCement of preliminary, noency action; (S) an explanation of how the per~on's ~ubstantial interests will be affected by the agency, determination; mad a ~.atemen~ of relief ~ought. A~ provided in Section i20257S, Fla. (ZOgT), the timeIy agreement of ail the pm-flea to mediate will toil tim time limita~onn impo,ed by ~ctiorm 120.669 and i20.67, Fla. Stat., for reque~Jng and holding an adminiatraCive hearing. Unlee= o(Jmrwine agreed by the partie~, the mediation mu~ be concluded within 60 daya of the execution of the agreement. If mediation reaults in m2tt/emen~ of the di~pu~, the SFV~,[D mttst cn~er a f-mM order incorporating the agreement of the partiea. Pemorm whose rrubstantird interest w/Il be affected by cudx a modified agency decision have a fight to I'll/t/on for hear/nC wiQtin 2I da. a of r~ipt of ~e ~ o':der ~o~ 120.669 ~d ~0.67, I~ S~L, ~d tn°~ ~ :b~ ~' ~ ~ ad~a~vc he~ p~ uadcr ~ av~Ie for ~on of ~c ~mate a cubstan.~JaI tmrds!Sp or will defined ~ Sub~don I20.~2(2), ad~i~,.cd by edger me~, may'~8' a wiU~ the S~',~,~ ~erk ~qu~g a v~ &om or wHver of ~e ~]e. AppIyinu for a vaH~u~ or v.-~ver do,:~: not ~ubz~tu~ or ~nd ~e ~e for ~fi~on for ~ a~iY~Uve he~in~ c:- may Imve ~n~g ~e S~,~'n following infomna~om . (a) -. ~e~pfioad~mad: PeUUon for ~~ ~m) or GV~rer Rule (~o~ ~Iephone n~2r ~d ~, nm~r of~e (c) q~m nmne, addrc:::; ~Iephone numlmr smd any numar of the at~mey or repm~en~tive of tim ~fi~oner, (i~ ~y);' (d) the appli~ble ~on of Om role; the ~le in hnplem~Un~ ~ques~d; demo:~a~ a cub=~U~ h~st~p violation of principah of fairncrm that would juatify a waiver or variance for petitioner;, (h) thc rea~n why thc vazianee or thc waiver reque~-,d would ~crvc thc' purpose, a of thc .underlying ztatu~; and '~ ' ft (i) a ~catement of whether thc VtU~nnC~ Or waiver i~ permanent or temporary, If thc variance or waiver temporary, thc petition ahnll include thc date~ indicating thc duration o£ thc requested variance or waiver. A pert, on requesting an emergency varianc~ from or waiver of a SFV/B[D rule mu~ dearly r.o ~tate in' thc caption of thc per,om In addition to the requirements of Sect{on I20.8d2(6), Fhu Stat. purmmnt to Rule 28-I04.00~(2), Fla. Adm~n. Code, the pet~tfon mtto% also include: a) the specific facts that make thc situation an emergency; and b) the specific fac~ ~o show flm~ the petitioner will refit'er immediate adven:e effect unless the variance or waiver is i.r, sued by the SlW~VM2D mom expedikiously than the applicable timeframes get forth in Section 120,642, Fla. Stat. WAI%~iR OF ILIG ITFS 14. Failure to observe thc relevant time frame= pree, cri[x~d above will constitute tt wtdver of such right. 28-10~£0I INITIATION OF P20~INGS (2) Ail petitionn t-tied under thc~ rules shall contain: (a) The name and addrc~ of each agency affected ahd each agency's file or identificatioa ntunber, if known; (b) Thc name, address, and telephone number of the petitioner;, thc 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 affected by thc agency determination; A statement of when and how the petitioner r~ceivcd no,icc of agency decision; A statement of all dizput~xt '~ucs of material £ac~. If there are none, tile petition must co indicate; A conckse s~atement of the ultimate facts alleged, as well ms the rules and statutes which entitle the petitioner Lo relief; and A demand for relief. (c) (d) (e) (0 28-100.201 INTflATION OF PnOCq,>.:O~{GS (2) Ali peCitionn filed under thcce rules rJmll contain: (a) The name and addr~s of eacL agency affected and each agency's Cftc or identification number, if known; (b) 'i7m naane, address, and telephone number of tile petitioner; the name, address, and telephone number of the petitionega reprer~ntative, if any, whid~ shall be the addre~ for uerviee purposes during the course of the proceeding, and an explanation o£ how the petitioneFn substantial isLe_rents, will be affected by the agency determination; (c) (d) (e) - (0 A s~atcm,,nt of when and how the petitioner received no~ce of the agency decision; A ~tatement of all disputed issues of material fact. If t4ere are none, the petition must so indicate; A. concise utatement of the ultima~ fac~ alleged, as well om the rulen and statute~ whi~ entitle the petitioner to relief; and '. A demand for relief. 28-107.004 ~;USPK-N'SION, REVOCATION, (a) (c) Requests for hea~g filed in accordance v, qQ1 t4iz rule ~}m!l include: The nm-ne and addmr~ of the party znaking the requezt, for pta~pe~$ of se.vice; A s/~ltement {lint the party requcsfing a hearing invoRSmg disputed issues of material fac~, or a hearing no~ invol~ing clL~.put~d issues of ms.rial fact; and A reference to the notice, order tc show cause, ad. mJnin'~ativ c compla.int, or other communication ttm~ the party l~m r~ceivcd from t4e agency. 42-2.01S ~UI.LeT FOR IkESq~ESV I'UIL~ TO SEC-YlI0N 873.II40~;. 273X~I7 '- (i) In any proceeding mining trader ChapLet 373, P.S., review by the !qorida Ixmd and Water Adjudicatory Ox)remission may be initiated by the Department or pa~y by filing a request for m~ch with the Secretary of the Commission 'ten..! serving a copy on any person named In thc rule or order, and on ali parties to proceeding wtfieh resulted in the order sought to [x~ reviewed. A certificate of c. erviee ahowing eomplckion o£ service required by thin subsection shall be requirement for a determination of auftScicncy under Rule 42-2.0132. Failure to file the request with the Commission within the time peMo~ provided in Rule 42- 2.0132 shall result in dismissal of the request for review. (2) Thc. request for review slmll identify the rule or order requested to be reviewed, the proceeding in which the rule or order wan entered and the nature of thc rule or order. A copy of the rule or order seught to be reviewed .dmll be attached. The request for review shall state with partlc~,loHty: (a) How the order or rule conflicts with the requirements, providona and purposes of Clmpter 878, F.S., or rules duly adopted thereunder;, Co) How the rule or order ~ou&,ht to be reviewed affects the late. rests of the party seeking review; (c) The oral or written ~tatement, sworn or un-~-zorn, whicll wan submitted to the agency concerning the matter to be reviewed and the date and location of the statement, ir the individuaI 6r entity requesting the review has not participated in. a proceeding previously institu~d pursuant to Chapter I20, F.S., on the order for which review is ~ought; (d) If review of an order is being sought, whether and how the activity authorized by the order would substantially affect natural resources of statewide or regional c,{gnfficance, or whether the order raises issues of policy, statutory interpretation, or rule interpretation that have regional or statewlde si&militants from a standpoint of agency precedent, and all the factual bmses ia the record which the petitioner claims suppor~ rush determination(s); amd (e) The action reques~d to be taken by the Cornm{nsion aa a result of the review, whether to rescind or modify the order, or remand the proceeding to the water management district for further action, or to require the water management district 5o irdt/ate rulemaking to adopt, amend or repeal a rule. 28-I07.005 EIMI!RGENCY ACTION (1) If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency action, the agency ~Imli summarily ~uapend, limit, or restrict a license. (2) rite id-day notice requirement of Section I20.869(2)0o), F. S., does not ap)iy and shall not be construed to prevent a hearing at the earliest time practicable upon request of an aggrieved party. (3) Unless otherv~e provided by .law~, within 20 days taken pursuant to paragraph (1) of rule, the agency ~tmll initiate a formal mmpension or revocation proceedinqj in compliance with Sections 120.[69, 120.57. and 120.60, F~q. 40Ig-1.6ii ESf]~RGENCY ACTION (I) /'m emergency,,, c~ when {mme~a~ action ~ ne~s~, ~ pro,ct public heMth, ~ety or wc~f~e; ~e health of anlm~, ~h or aqua~¢ ~e; the wot;>; of ~e D~t~ct; a public wa~r supply, or recreafionM, commerciM, ~duatr[al, agfi~turd or o~er re~onable uses of l~d ~d wa~r reso~ces. (2) ~e Exemtive D~ec~r may employ ~e resour~s of tim Dist~ct to ~:e wharves remedial action necessary ~ ~levia~ the emergency con'tics wi~mut O~e issu~ce of ~ emergency order, or ~ ~e event ~ emergency order h~ been issued, a~r the e~afion of O~e rcqu~si~ time for compliance v, qth that order. GENERAL CONDITIONS ALL ACTIVITIES AUTHORIZED BY THIS PERMIT SHALL BE IMPLEMENTED AS SET FORTH I'HE PLANS, SPECIFICATIONS AND PERFORMANCE CRITERIA AS APPPOVED BY THIS PERMIT. ANY DEVIATION FROH THE PERMITTED ACTIVITY AND THE CONDITIGiS FOR UNDERTAKIHG THAT ACTIVITY SHALL CONSTITUTE A VIOLATION OF THIS PERMIT AND PART IV, CHAPTEi. 373, F.S. IHIS PERHIT 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 SIlE UPON REQUEST BY THE DISTRICT STAFF. THE PERMITTEE SHALL REQUIRE THE COI',ITRACTO;! TO REVIEW THE COMPLETE PERMIT PRIOR TO COMMENCEHENT OF THE ACTIVITY AUTHORIZED BY THIS PERHIT. ACTIVITIES APPROVED BY THIS PERHIT SHALL BE CONDUCTED IN A HANNER WHICH DOES CAUSE VIOLATIONS OF STATE WATER QUALITY STANDARDS. THE PERMIITEE SHALL IHPLEH~-I~T BEST MANAGEMENT PRACTICES FOR EROSION AND POLLUTION CONTROL TO PREVENT VtOLAT!F~N OF STATE WATER QUALITY STANDARDS. TEMPORARY EROSION CONTROL SHALL BE IMPLEMENTED PRIOR TO AND DURING CONSTRUCTION, ArID PERMANENT CONTROL MEASURES SHALL BE COHPLETED WITHIN 7 DAYS OF ANY CONSIRUCTION ACTIVITY. TURBIDITY BARRIERS SHALL BE INSTALLED AND H, AINTAINED AT ALL LOCATIONS WttERE TIlE POSSIBILITY OF TRANSFERRING SUSPENDED SOLIDS INTO THE RECEIVING WATERBODY EXIS DUE TO THE PERMIITED WORK. TURBIDITY BARRIERS SHALL REMAIN IN PLACE AT ALL LOCATIONS UNIIL CONSTRUCTION IS COHPLETED AND SOILS ARE STABILIZED AND VEGETATION HAS BEEN ESTABLIStlED. ALL PRACTICES SHALL BE III ACCORDANCE ',,,/Ill{ Eli! GUIDELIIIES AND SPECIFICATIONS DESCRIBED IN CHAPTER 6 OF THE FLORIDA LAND DEVELOPMENT MANUAL; A GUIDE 10 SOUND LAND AND WATER MANAGEI.1ENT (D[PARTM[!IT ENVIRONMENTAL REGULATION, 1988), INCORPORATED BY REFERENCE IN RULE 40[-4.091. F.A.C. UNLESS A PROJECT-SPECIFIC EROSION AND SEDIMENT CONTROL PLAN IS APPROVE[, 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. THE PERMITTEE SHALL NOTIFY THE DISTRICT OF THE ANTICIPATED CONSTRUCTION S1FARI DATE WITHIN 30 DAYS OF THE DATE THAT THIS PERMIT IS ISSUED. AT LEAST 48 HOUk PRIOR TO COMMENCEMENT OF ACTIVITY AUTHORIZED BY THIS PERMIT, Tile PERMITTEE SUBMIT TO TIlE DISTRICT AN ENVIRONMENTAL RESOURCE PERMIT CONSTRUCTION COHMENCEMENT NOTICE FORM IlO. 0960 INDICATING THE ACTUAL START DATE AND THE EXPECTED COMPLETION DATE. WHEN THE DURATION OF CONSTRUCTION WILL EXCEED ONE YEAR, THE PERMITTEE SHALL SUBMIT CONSTRUCTION STATUS REPORTS TO TIlE DISTRICT ON AIl ANNUAL BASIS UTILiZi~;'i AN ANNUAL STATUS REPORT FORM. STATUS REPORT FORMS SHALL BE SUBHITTED TH~ FOLLOWING JUNE OF EACtt YEAR. 6. 'WITHIN 30 DAYS AFTER buHPLETION OF CONSTRUCTION OF THE FER?IITTED ACTIVITY, THE PERMITTEE SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND CERTIFICATION BY REGISTERED PROFESSIONAL ENGINEER OR OTHER APPROPRIATE INDIVIDUAL AS AUTHORIZED BY LAW, UTILIZING THE SUPPLIED ENVIRONMENTAL RESOURCE PERMIT CONSTRUCTION COMPLETION/CONSTRUCTION CERTIFICATION FORM N0.0881. TtiE 'TATEMENT OF COMPLETION AND CERTIFICATION SHALL BE BASED ON ONSITE OBSERVATION OF CONSTRUCTION OR REVIEW OF ASBUILT DRAWINGS FOR THE PURPOSE OF DETERMINING iF WORK WAS COMPLETED IN COMPLIANCE WITH PERMITTED PLANS AND SPECIFICATIOh'S. lH! SUBMITTAL SHALL SERVE TO NOTIFY THE DISTRICT THAT THE SYSTEM IS READY FOR INSPECTION. ADDITIONALLY, IF DEVIATION FROM IHE APPROVED DRAWINGS ARE DISCOVERED DURING THE CERTIFICATION PROCESS, THE CERTIFICATION MUST BE ACCOF, PANIED BY A COPY OF THE APPROVED PERMIT DRAWINGS WITH DEVIATIONS NOt'~D. BOTH THE ORIGINAL AND REVISED SPECIFICATIONS MUST BE CLEARLY SHOWN. THE MUST BE CLEARLY LABELED AS "ASBUILT" OR "RECORD" DRAWIIiG. ALL SURVEYED DIMENSIONS AND ELEVATIONS SHALL BE CERTIFIED BY A REGISTERED SURVEYOR. TIlE OPERATION PHASE OF THIS PERMIT StiALL NOT BECOHE EFFECTIVE: UNTIL THE PERMITTEE HAS COMPLIED WITH lttE REQUIREMENTS OF CONDITIOI`; (6) ABOVE, HAS SUBMITTED A REQUEST FOR COIIVERSION OF ENVIRONMENTAL RESOURCE PERMIT FROM CONSTRUCTION PHASE TO OPERATION PHASE, FORM N0.0920; TilE DISTRICT DETERMINES SYSTEM TO BE III COMPLIANCE WITH TIlE PERMITTED PLANS AND SPECIFICATIONS; AN,] ENTITY APPROVED BY THE DISI'RICT III ACCORDANCE WITtt SECTIONS 9.0 Ar,ID ]0.0 OF BASIS OF REVIEW FOR ENVIRONMENTAL RESOURCE PERMIT APPLICATIONS WITHIN THE SOUl'.- FLORIDA WATER I'iANAGEMENT DISTRICT - AUGUST 1995, ACCEPTS RESPONSIBILITY FOR OPERATION Ah'D MAINTENANCE OF IHE SYSTEM. THE PERMIT SHALL NOT BE TRANSFERRED SUCH APPROVED OPERATION AND MAINTENANCE ENTITY UNTIL THE OPERATION PHASE OF TUi PERMIT BECOIdES EFFECTIVE. FOLLOWING INSPECTION AND APPROVAL OF TIiE PERMITTED SYSTE?, BY lHE DISTRICT, THE PERMITTEE SHALL INITIATE TRANSFER OF THE PERI.lIT lO THE APPROVED RESPONSIBLE OPERATING ENTITY IF DIFFERENT FROM lite PERMITTEE. UNTIL THE PERMIT IS TRANSFERRED PURSUANT TO SECTION 40E-1.6107, F.A.C., THE PERMITTEE SHALL BE LIABLE FOR COMPLIANCE WITH THE TERMS OF THE PERMIT. o EACH PHASE OR INDEPENDENT PORTION OF THE PERMITTED SYSTEM MUST BE COMPLE!ED Ii; ACCORDANCE WIIH TIlE PERMITTED PLANS AND PERMIT CONDITIONS PRIOR TO TIlE INITIATION OF TIlE PERMITTED USE OF SITE INFRASTRUCTURE LOCATED WITttIN Tile ARE/', SERVED BY TftAT PORTION OR PIIASE OF TIlE SYSTEM. EACIt PtiASE OR [NDEPENDENi PORTION OF Tile SYSTEM MUST BE COMPLEIED Iii ACCORDANCE WIltt TIlE PERMIT'FED PLANS AND PERHIT COIIDITIOllS PRIOR 10 TRANSFER OF RESPONSIB~L!TY FOR OPERAIIOII ART,.) MAINTENANCE OF TIlE PIIASE OR PORTION OF TItE SYSTEM 10 A LOCAL GOVERNMENT OR o~ru! RESPONSIBLE ENTITY. o FOR THOSE SYSTEMS TttAT WILL BE OPERATED OR MAINTAINED BY AN ENTITY THAT WILL REQUIRE AN EASEM, ENT OR DEED RESTRICTION IN ORDER TO ENABLE TIIAT ENTITY TO OPERATE OR MAINTAIN THE SYSTEM Il.; CONFORMANCE WITH THIS PERMIT, SUCH EASEM,~H[ DEED RESTRICTION 1,1UST BE RECORDED IN THE PUBLIC RECORDS AND SUBMITTED TO TtiE DISTRICT ALONG WITH ANY OTHER FINAL OPERATION AND I'IAINTENANCE DOCUMENTS REQUIF'.! BY SECTIONS 9.0 AND lO.O OF TI!E BASIS OF REVIEW FOR ENVIRONMENTAL RESOURCE PERMIT APPLICATIONS WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AUGUS' 1995, PRIOR TO LOT OR UNIl SALES OR PRIOR TO THE COI'IPLETION OF THE SYSTEM, WHICHEVER OCCURS FIRST. OIHER DOCUMENTS CONCERNING TIlE ESTABLISHMENT AND AUTtlORITY OF TIlE OPERATING ENTITY MUST BE FILED WITH TIlE SECRETARY OF STATE WHERE APPROPRIATE. FOR THOSE SYSTEMS WHICH ARE PROPOSED TO BE MAINTAINED BY COUNTY OR MUNICIPAL ENTITIES, FINAL OPERATION AND MAINTENANCE DOCUMENTS MUST BF RECEIVED BY THE DISTRICT WHEN MAINTENANCE AND OPERATION OF THE SYSTEM IS ACCEPTED BY THE LOCAL GOVERNMENT ENTITY. FAILURE lO SUBMIT THE APPROPRIAIE FINAL DOCUMENTS WILL RESULT IN TIlE PERMITTEE REMAINING LIABLE FOR CARRYING OUl MAINTENANCE AND OPERATION OF THE PERMITTED SYSTEM AND ANY OTHER PERMIT CONDITIONS. lO. SHOULD ANY OTHER REGUL~FORY AGENCY REQUIRE CItAIIGES TO lnE PERMITTED SYSTEM, PERMITTEE SHALL NOTIFY THE DISTRICT IN WRITING OF TilE CHANGES PRIOR TO IMPLEMENTATION SO THAT A DETERMINATION CAN BE MADE WHETHER A PERMIT MODIFICATIOn.; IS REQUIRED. ]]. THIS PERMIT DOES NOT ELIMINATE THE NECESSITY TO OBTAIN ANY REQUIRED FEDERAL, STATE, LOCAL AND SPECIAL DISTRICT AUTHORIZATIONS PRIOR TO TltE START OF AIIY ACTIVITY APPROVED BY THIS PERMIT. THIS PERMIT DOES NOT CONVEY TO THE PERMITIEi_ OR CREATE Itl TIlE PERMITTEE ANY PROPERTY RIGHT, OR ANY INTEREST IN REAL PROPERLY, NOR DOES IT AUTttORIZE ANY ENTRANCE UPON OR ACIIVITIES ON PROPERTY WHICH IS MOl OWNED OR CONTROLLED BY THE PERMITTEE, OR CONVEY ANY RIGHTS OR PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAPTER 40E-4 OR CHAPTER 40E-40, F.A.C. 12. lHE PERMITTEE IS HEREBY ADVISED lHAT SECTION 253.77, F.S. STATES lHAT A P[RSOI~ MAY NOT COMMENCE ANY EXCAVATION, CONSTRUCTION, OR OTttER ACTIVITY INVOLVII~G USE OF SOVEREIGN OR OTHER LANDS OF THE STATE, THE TITLE TO WHICIt IS VESTED THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND WITHOUT OBTAINING THE REQUIRED LEASE, LICENSE, EASEMENT, OR OTHER FORM OF CONSENT AUTHORIZING PROPOSED USE. THEREFORE, THE PERMITTEE IS RESPONSIBLE FOR OBTAINING ANY NECESSARY AUTHORIZATIONS FROM THE BOARD OF TRUSTEES PRIOR TO COMMENCING ACTIV!'.' Oil SOVEREIGNTY IANDS OR OTHER STATE-OWNED LANDS. THE PERMITTEE MUST OBTAIN A WATER USE PERMIT 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 "ILO NOTICE" RULE. 14. TIiE PERMITTEE SItALL ttOLD AND SAVE lHE DISTRICT ttARML[SS FROM AIIY AND ALL DAMAGES, CLAIMS, OR LIABILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCFIOI~. ALTERATION, OPERATION, MAINTENANCE, REMOVAL, ABANDONMENT OR USE OF ANY SYSTEM AUTHORIZED BY TIlE PERMIT. 15. ANY DELINEATION OF THE EXTENT OF A WETLAND OR OTttER SURFACE WATER SUBMIIlED 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 373.42](2), F.S., PROVIDES OTHERWISE. 16. THE PERMITIEE SHALL NOTIFY IHE DISIRICT iN WRITING WITtiIN 30 DAYS OF ANY SALE, CONVEYANCE, OR OTHER TRANSFER OF OWNERSHIP OR CONTROL OF A PERMITTED SYSTEM OR TIlE REAL PROPERTY ON WHICH THE PERMITTED SYSTEM IS LOCATED. ALL TRANSFERS OF OWNERSHIP OR TRANSFERS OF A PERMIT ARE SUBJECT TO THE REQUIREMENTS OF RULES 1.6105 AND 40E-1.6107, F.A.C. THE PERMITTEE TRANSFERRING THE PERMIT SHALL REMA)!i LIABLE FOR CORRECTIVE ACTIONS TI(AT MAY BE REQUIRED AS A RESULT OF ANY VIOLAt PRIOR TO THE SALE, CONVEYANCE OR OTHER TRANSFER OF THE SYSTEM. 17. UPON REASONABLE NOTICE TO THE PERMITTEE, DISTRICT AUTHORIZED STAFF WITH PROPER IDENTIFICATION SIiALL HAVE PERMISSION TO ENTER, INSPECT, SAMPLE AND rEST 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 PROJECT SITE, TIlE PERMITTEE SHALL IMMEDIATELY NOTIFY THE APPROPRIATE DISTRICT SERVICE CENTER. ]9. THE PERMITTEE SHALL IMMEDIATELY NOTIFY THE DISTRICT IN WRITING OF ANY PREVIOUSL. SUBMITTED INFORMATION THAT IS LATER DISCOVERED TO BE INACCURATE. o o SPECIAL CONDITIONS THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF t'IY EROSION, StfOALING OR WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTIC,; OR OPERATION OF THE MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION AND/OR TURBIDITY PROBLEMS ARE NOT CREATED III THE RECEIVING WATER. THE DISTRICT RESERVES THE RIGHT TO REQUIRE THAT ADDITIONAL WATER QUALITY TREATMErIT METHODS BE INCORPORATED INTO TliE DRAIt;AGE SYSTEM IF SUCH MEASURES AF.F SHOWN TO BE NECESSARY. FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CONSTRUCTED WITHOUT APPROVED MODIFICATION OF THIS PERMIT. ALL SPECIAL CONDITIONS PREVIOUSLY STIPULATED BY PERMIT NUMBER 11-0146]-P REMAIi~ Ill EFFECT UHLESS OTHERWISE REVISED AND SHALL APPLY TO THIS MODIFICATION. OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY PELICAN STRAND MASTER ASSOCIATION. THE PERMITTEE SHALL SUBMIT A COPY OF THE RECORDED DEED RESTRICTIONS (OR DECLARATION OF CONDOMINIUI.1, iF APPLICABL[), A COPY OF TIlE FILED ARTICLES OF INCORPORATION, AND A COPY OF THE CERTIFICATE OF INCORPORATION FOR THE HOMEOWNERS ASSOCIATION CONCURRENT WITtt TttE ENGIfIEERING CERTIFICATION OF CONSTRUCTION COMPLETION. EXHIBIT PRO,]ECT: PELICAN STRAND TRACT 15 PERMIT SUMMARY SHEET APPLICATION NUMBER: 981117-8 PERMIT MODIFICATION NO.: 11-01461-P LOCATION: COLLIER COUNTY, S18/T48S/R26E OWNER: PELICAN STRAI;D LTD. ENGINEER: HOLE, MONTES & ASSOCIATES PROJECT AREA: 10.99 ACRES DRAINAGE AREA: PROJECT USE: RESIDENTIAL 10.99 ACRES FACILITIES: EXISTING: Permit Ilo. 11-01461-P was issued on March 13, 1997 for the construction and operation of the master surface water management system for the 574.57 ac. residential and golf course development. On March 17, 1997, a general permit modification was issued which incorporated the adjacent Regency Village commercial tract into Basin A of Pelican Strand's surface water management system. On December 11, 1997, a permit modification approved Construction and Operation for 99.4 ac. of the project. This involved relocation of wetland preserves, golf course facilities, and residential development. The system discharges to the Cocohatchee Canal to the south and Palm River Slough to the west. The project is located at the northwest corner of 1-75 and Immokalee Road, in north Collier County (see exhibit 1). The master surface water management system and both of the discharge structures have been constructed. The golf course, roadways, clubhouse and maintenance facilities have also been constructed. This tract was originally granted Construction and operation approval. However, the applicant proposes to reconfigure the development on the tract and is seeking new Construction and Operation approval. 2. PROPOSED: The applicant proposes to construct a single-family development on 10.99 acres of Tract 15 of the Pelican Strand project. The tract is located in Basin B. The development includes housing, parking, and an access roadway. All water management lakes were previo~sly permitted and constructed. Stormwater runoff is conveyed via inlets, culverts, and sheetflow to the adjacent lake for water quality treatment and attenuation. No additional water quality or control structures are required for this modification. The minimum finished floor and roadcrown elevations as defined in the original permit are met. Exhibit __~ APPLICATION NUMBER: 981117-8 Plan sheets 3 through 8 of 8 by Hole-Montes and Associates, Inc. signed and sealed by David E. Morin, P.E. on 11/~17/98 are incorporated by reference into this General Permit Modification and will be retained in the permit file. PROJECT LEVEL: DRAINAGE BASIN: COCOHATCHEE RIVER RECEIVING BODY: EXISTING LAKE 27 WATER QUALITY: PROVIDED IN THE MASTER SWM SYSTEM. ENVIRONMENTAL ASSESSMENT: PROJECT SITE DESCRIPTION: The proposed project site is a 10.99 acre parcel located on the east side of Strand Boulevard in the central area of the Pelican Strand development. The tract is characterized by improved pasture and is surrounded by lakes and golf course facilities. No wetlands are present on the site and no significant adverse environmental impacts are anticipated as a result of project construction. EXISTING ON SITE UPLAND COMMUNITIES: ID TOTAL BIOLOGICAL COMMUNITY COMMUNITY NO ACREAGE CONDITION TYPE ACREAGE 1 10.99 N/A IMPROVED PAS'lURES 10.99 TOTAL ON SITE UPLAND ACREAGE: 10.99 Exhibit ~__ APPLICATION NUMBER: 981117-8 ENDANGERED, THREATENED & SPECIES OF SPECIAL CONCERN SUMMARY: The project site does not contain preferred habitat for wetland-dependent endangered/threatened species or species of special concern. Ilo wetland- dependent endangered/threatened species or species of special concern were observed on site, and submitted information indicates that potential use of the site by such species is minimal. This permit does not relieve the applicant from complying with all applicable rules and any other agencies' requirements if in the future, endangered/threatened species or species of special concern are discovered on the site. ENVIRONMENTAL SUMMARY: The proposed activities have been evaluated for potential secondary and cumulative impacts and to determine if the project is contrary to the public interest. Based upon the proposed project design, the District has determined that the project will not cause adverse secondary or cumulative impacts to the water resources and is not contrary to the public interest. TOTAL PREVIOUSLY PROJECT PERMITTED THIS PHASE TOTAL ACRES 10.99 .00 10.99 acres WTRM ACREAGE .00 .00 .00 acres PAVEMENT .79 .00 .79 acres BUILD COVERAGE 2.53 .00 2.53 acres DIVISIONAL APPROVAL: NATURAL RESOURCE MANAGEMENT Kar6n Iq. Johnso?~/ SURFACE WATER MANAGEMENT Richa~ lhompsorf, P.E. Exhibit STAFF REPORT DISTRIBUTION ~ST PROJECT: PELICAN STRAND TRACT 15 APPLICATION NUMBER: 981117-8 PERMIT MODIFICATION NUMBER: ]1-01461-P INTERNAL DISTRIBUTION Reviewer: X Amy J. Ohlberq X Craiq A. Medlock X Karen Iq. Johnson X Richard H. lhompson, P.E. O. Golden REG R. Robbins - NRM Service Center Director A. Waterhouse REG X P. Bell - LEG Enforcement Environmental PPC Reviewer X Field Engineering X Permit File FTM EXTERNAL DISTRIBUTION X Applicant' PELICAN STRAND LTD. X Applicant's Consultant HOLE~ MONTES & ASSOCIATES X Engineer, County of: COLLIER Engineer, City of' Local Drainage District: DEPT. OF ENVIRONMENTAL PROTECTION COUNTY X Collier -Agricultural Agent BUILDING AND ZONING OTHER X Brian Kenedy Collier County Audubon Society X Div of Recreation and Park - District 8 F.G.F.W.F.C. Florida Audubon - Charles Lee X Leonore Reich X S.W.F.R.P.C. Glenn )(eath EXHIBIT 5