Mandalay
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING SERVICES DEPARTMENT
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer.M
DATE: August 26,2004
RE: Mandalay
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Mandalay.
This document has been reviewed by Engineering Review and the
County Attorney's Office. Collier County Resolution 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
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MANDALA Y PUD
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this day of , 2004, by and between the
Board of County Commissioners of Collier County, Florida hereinafter referred to as "County", and
MANDALA Y DEVELOPMENT. L.L.C., hereinafter referred to as "owner".
RECIT ALS:
WHEREAS, the County has adopted Collier County Ordinance No. 03-49 known as the Mandalav PUD
Ordinance, hereinafter referred to as the Mandalav PUD; and
WHEREAS, owner represents and warrants it is the record fee title owner of the lands described in
WARRANTY DEED 3306726 OR: 3457 PG: 0740 AND WARRANTY DEED 3306727 OR: 3457 PG:
0743 , said legal descriptions attached hereto as Exhibit "A" and incorporated herein by reference; and
WHEREAS, the South Florida Water Management District has APPROVED THE ENVIRONMENTAL
RESOURCE PERMIT NO. 1l-02292-P DATED JUNE 10. 2004 attached hereto as Exhibit "B" and
incorporated herein by reference; and; and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed because construction of
infrastructure needs to occur as soon as possible due to economic and development schedule reasons; and
WHEREAS, Owner represents and warrants that no construction shall occur in environmentally sensitive area
unless the necessary permits and approvals for the construction have been obtained by the Owner; and
WHEREAS, Owner acknowledges that all requirements of Collier County's Growth Management Plan and
Adequate Public Facilities Ordinance, No. 93-82, will be met prior to approval of a final subdivision plat, or a
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 THEREFORE, in consideration of the premises, the mutual undertakings of the parties, and other good
and valuable consideration, it is agreed by the parties hereto as follows:
SECTION 1 - ACKNOWLEDGEMENT
The foregoing recitals are true and correct and are incorporated herein by reference. Further, it is jointly
acknowledged that the execution of this Agreement does not constitute a Development Order or any other
final approval by Collier County.
W:\2002\2002080\Plans & Plat\Preliminary Work Authorization-form.doc
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SECTION 2 - IMPROVEMENTS
A. Owner shall be permitted to perform site preparation and construction activities subject to the conditions,
limitations and restrictions contained in Sections 3 through 7 below, as follows:
1. Clearing of vegetation, including exotic removal from preserves.
2. Lake excavation, site filling to grade, and installation of perimeter berms and swales.
3. Installation of storm drainage pipes and swales.
The preliminary work detailed in this Section shall be in accordance with plans entitled Mandalav
Construction Plans consisting of -12- sheets, prepared by Hole Montes, Inc., dated July, 2004
hereinafter referred to as "The Preliminary Work". The legal description of the boundaries of the preliminary
Work is shown on the preliminary plat for Mandalav consisting of 4 sheets prepared by BBLS
Surveyors & Mappers Inc.
B. Prior to any work being undertaken, owner shall submit to the County complete permit packages and
applicable review and inspection fees for the necessary permits for the Preliminary Work ("Preliminary
Work Permits"). These applications are as follows:
1. MANDALA Y Construction Plans consisting of 25 sheets prepared by Hole Montes, Inc.
2. MANDALA YFinal Plat consisting of 4 sheets prepared by BBLS Surveyors & Mappers, Inc.
SECTION 3 - PERMITS REQUIRED
Issuance of the Preliminary Work permits shall be conditioned upon the following:
a. County staff finding that the applications for Preliminary Work Permits are complete and satisfactory and
are ready for scheduling to the Board of County Commissioners for final plat approval.
b. Owner submitting to the County a copy of the permit from the South Florida Water Management District
for all matters included in the jurisdiction of the South Florida Water Management District, which
conforms with the Preliminary Work release plans submitted to the County.
(List additional permits necessary from the County and any applicable State and/or Federal Agencies
necessary to commence construction of the improvements requested for Preliminary Work Authorization)
W:\2002\2002080\Plans & Plat\Preliminary Work Authorization-form.doc
SECTION 4 - APPRO V ALS
County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat approval
once conditions (List conditions by Letter) in Section 3 above have been satisfied. Owner understands and
acknowledges that no building permit for habitable structures within the Mandalav PUD until the Mandalav
PUD plat is approved and recorded.
SECTION 5 - INDEMNIFICATION
Owner agrees to indemnify and hold County harmless against any and all liability, loss, damage or
expense from claims or causes of action including attorney's fees and court costs, resulting from, arising out
of, and in connection with Owner's negligence and/or willful misconduct in the construction of the
Preliminary Work under the Preliminary Work Permits or any challenge by any person or party objecting to
the legality or validity of this Agreement.
SECTION 6 - RESTRICTIONS
This Agreement shall be binding upon the parties and is not transferable.
SECTION 7 - LIMITATIONS
This Agreement shall expire thirty (30) days from the date of the issuance of the preliminary Work permits
if the project's final plat is not submitted to the Board of County Commissioners for approval pursuant to
Division 3.2 of the Land Development Code, unless the Owner is delayed in having his final plat reviewed by
the Board due to the fault of the County. All work approved by this agreement must cease and not restart if the
plat is not submitted and approved by the Board of County Commissioners within this authorization period.
No work is authorized under this Agreement prior to satisfying the conditions (Reference applicable
Conditions by Letter) in Section 3 of this 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 the County does not guarantee and Owner can not rely upon the fact that
the project's final plat will be approved upon submission to the Board of County Commissioners, The Owner
is required to comply with all of the provisions and procedures of the Land Development Code before the
final plat can be submitted to the Board for consideration.
W:\2002\2002080\Plans & Plat\Preliminary Work Authorization-form.doc
IN 'WITNESS WHEREOF, the parties have executed this Agreement the day first above written.
MANDALA Y DE ELOPMENT, L.L.c.
By FC Properti ,nc. as Manager
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Assistant County Attorney
Board of County Commissioners
of Collier unty, Florida
I
iala, Chairman
ST ATE OF FLORIDA
COUNTY OF COLLIER
Before me personally appeared Frank W. Cooper to me well known to be the person described in and
who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument
for the purposes therein expressed.
If;.
WITNESS my hand and official seal this :J Ó day of August, 2004.
SEAL
Joann ShielS
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Signature
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Notary Public
State of Florida
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THIS INSTRUMENT PREPARED BY:
Paul A. Murray
Paul A. Murray, P.A.
28000 Spanish Wells Boulevard
Bonita Springs, Florida 34135
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306726 OR: 3457 PG: 0740
RICO DID in omCIAL RECORDS of COLLIBR COUNTY, lL
12/0/2003 at 02:19PM DWIGHT 10 BROCK, CLERK
CONS 954500,00
RBC lIB 15,00
DOC-.70 6681.50
RECORD AND RETURN TO:
Beachfront Title Insurance, Inc.
1000 Tamlaml Trail North, Suite 401
Naples, FL 34102
Retn:
BBAC lRONT TITLB
1000 TA!lIAMI TR , 401
HAPL lL 34102 5481
RE PARCEL ID II: 00419360001/00419440002
BUYER'S TIN:
WARRAN1Y DEED
THIS WARRAN1Y DEED made this 1st day of December, 2003 by Bobby C. McLean and Thelma McLean,
husband and wife, hereinafter called Grantor, and whose address is P.O. Box 1177, Banner Elk, NC 28604-1177 to
MANDALAY DEVEWPMENT, LLC, a Florida limited liability company, hereinaIter called Grantee and whose address
is 4158 Lorraine Avenue, Naples, FL 34104.
(Where~r used herein the tenn 'grantor' and '$':antee' include all the parties to this instrument and the
heirs, legal representati~s and assigns of indiVIduals, and the successors and assigns of corporations,)
WITNESSETH:
THAT the Grantor, for and in consideration of the sum of Ten and NO/lOO Dollars and other valuable
considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys
and confirms unto the Grantee, as part of Grantor's I.RoCo Section 1031 Tax Deferred Exchange, all that certain land situate,
lying and being in Collier County, Florida, viz:
See Exhibit "A" attached hereto and made a part hereof.
The real property described In this Instrument Is not the constitutional homestead nor the primary
physical residence of the Grantor.
This Instrument prepared without benefit of title examination, title Insurance or attorney's opinion of
title.
SUBJECf TO taxes accruing subsequent to December 31, 2003.
SUBJECf TO covenants, restrictions and easements of the subdivision, if any; however, this reference thereto shall
not operate to reimpose same.
TOGETHER with all the tenements, hereditaments and appurtenances thereunto belonging or in anywise
appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple;
that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants
the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free
of all encumbrances,
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above
written,
P.g.1
Form Softwlre by Autamlted R'II ElUte Slrvlc..,lno. 1-'00-"0-1215
MCLEAN
OR: 3457 PG: 0741
~~~
e a c an '
STATE OF FLORIDA
COUNTY OF LEE
The foregoing instrument was acknowledged before me this 1st day of December, 2003 bX Bobby C. McLean and Thelma
McLean, husband and wife. H~/Sh~ is ('ersonally known to me or has produced Dr\~t'~ Lrth&tP
as Identificabono
(TItle or Rank)
Notary Pnnted SIgnature
(Senal Noo, 11 any)
~~ Leslie A Lehmann
;.~ ; My Commission ~
........'" expires AprIl ~o 2OD5
Page 2
Form 8oftwar. by Automated Rill E,t". S'MO" Ino. '-100-330-1215
MCLEAN
*** OR: 3457 PG: 0742 ***
Exhibit "A"
Parcel I
Commencing at the Southwest corner of Section 16, Township 50 South, Range 26
East, and running South 89 degrees 10' 30" East a distance of 891.8 feet to a concrete
monument, the point of beginning:
Thence North 0 degrees 0' 30" West a distance of 882.09 feet to a concrete monument,
thence South 89 degrees 18' 47" East a distance of 493.6 feet to a concrete monument,
thence South 0 degrees 01' 00" East a distance of 882.5 feet to a concrete monument,
thence North 89 degrees 10' 30" West 493.6 to a concrete monument, the point of
beginning; Less the South 50 feet thereof; and
Commencing at the Southwest corner of Section 16, Township 50 South, Range 26
East, and running South 89 degrees 10' 30" East along the south boundary of Section
16 a distance of 645 feet to the Point of Beginning:
Thence continuing South 89 degrees 10' 30" East along the south boundary line of
Section 16 a distance of 246.80 feet to a concrete monument, thence North 0 degrees
0' 30" West a distance of 881.09 feet to a concrete monument, thence North 89
degrees 18' 47" West a distance of 246.80 feet, thence South 0 degrees 0' 30" East a
distance of 881.68 feet to a point on the south boundary of Section 16, Township 50
South, Range 26 East, said point being the Point of Beginning; in Collier County,
Florida, Less the South 50 feet thereof. Less and Except that portion of premises
conveyed in Deed recorded in OR Book 605, page 1289, being described as follows:
The East 15 feet of the Southwest quarter of the Southwest quarter of the Southwest
quarter of Section 16, Township 50 South, Range 26 East, Collier County, Florida.
Parcel II
Commencing at the Southwest corner of Section 16, Township 50 South, Range 26
East, Collier County, Florida, and running South 89 degrees 10' 30" East along the
south line of Section 16 a distance of 1385.4 feet to a concrete monument, the point of
beginning; Thence North 0 degrees 01' DO" West a distance of 441.25 feet to a
concrete monument, thence South 89 degrees 15' 41" East a distance of 986.3 feet to a
concrete monument, thence South 0 degrees 01' 00" East a distance of 441.65 feet to a
concrete monument, thence North 89 degrees 1 0' 30" West a distance of 986.3 feet to
a concrete monument, the point of beginning.
Less the South 50 feet thereof conveyed to Collier County for highway right of way by
deed recorded in O.R. Book 195, page 870, Collier County Records.
\:)
THIS INSTRUMENT PREPARED BY:
Paul A. Murray
Paul A. Murray, P.A.
28000 Spanish Wells Boulevard
Bonita Springs, Florida 34135
306727 OR: 3457 PG: 0743
RICO DID in omCIAL RlCORDS of COLLIBR COUNT1r !L
12/0 /2003 at 02:19PK DWIGHT 80 BROC~r CLIRK
COHS 207500000
RIC m 15,00
DOC-.70 muo
RECORD AND RETURN TO:
Beachfront Title Insurance, Inc.
1000 Tamlaml Trail North, Suite 401
Naples, FL 34102
Retn
mc !ROHT m1l
1000 H TAKaKI TR t 401
HAPL S lL 3m2 5481
RE PARCEL 10 *: 00419480004
BUYER'S TIN:
WARRAN1Y DEED
THIS WARRAN'IY DEED made this 1st day of December, 2003 by Treva McLean, a single woman, hereinafter
called Grantor, and whose addrcss is P.O. Box 1177, Banner Elk, NC 28604-1177 to MANDALAY DEVELOPMENT, LLC,
a Florida limited liability company, hereinafter called Grantee and whose address is 4158 Lorraine Avenue, Naples, FL
34104. '
(Wh~rever used h~re n th~ t~nn "grantor" and 'grant~~" includ~ all th~ parties to this instrum~nt and th~
h~¡'., ~gal repres~ntatives and assigns of individuals, and th~ successors and assigns of corporations,)
WITNESSETII:
THAT the Grantor, for and in consideration of the sum of Ten and NO/100 Dollars and other valuable'
considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys
and confirms unto the Grantee, as a part of Grantor's LRoC. Section 1031 Tax Deferred Exchange, all that certain land
situate, lying and being in Collier County, Florida, viz:
See Exhibit "A" attached hereto and made a part hereof.
The real property described in th,is Instrument Is not the constitutional homestead nor the primary
physical residence of the Grantor.
This instrument prepared without benefit of title examination, title insurance or attorney's opinion of
title.
SUBJECf TO taxcs accruing subsequent to December 31, 2003.
SUBJECf TO covenants, restrictions and easements of the subdivision, if any; however, this reference thereto shall
not operate to reimpose sameo
TOGETHER with all the tenements, hereditaments and appurtenances thereunto belonging or in anywise.
appertainingo
TO HAVE AND TO HOLD the same in fee simple forever 0
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple;
that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants
the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free
of all,encumbranceso
, IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above
written,
Pig' 1
Form Software by Automatld R..I ea't't S'rYlo,., Ino. '~'OO·3)o·12n
MCLEANTR
Signed, sealed and delivered in our presence:
I
TI~~
OR: 3457 PG: 0744
---
STATE OF FLORIDA
COUNTY OF LEE
The foreçoing instrument was acknowledged before me this 1st dax of DecerreJ;, 2003 by Treva McLean, a single Woman.
He/~he ~ peorsonally known to me or has produced )) r\v7--r.3 1 ~ .Ý1S~
as Identificattono
(Title or Rank)
(Senal No" It any)
~ 'l\. Leslie" Lehmann
. J . My Conmsslon DOOOgeM
\1;./ expires "prII 09. 2005
PIO' :I:
Form 'aftwar. by Auloml1td R'I. Elta't Slrvlo.., Ino. 1·100-3)0-' US
MCLEANTR
*** OR: 3457 PG: 0745 ***
Exhibit "A"
Beginning at the southeast corner of the Southwest 1/4 of Section 16, Township 50
South, Range 26 East, Collier County, Florida, run North 0 degrees 10' 50" West
883.99 feet along the East boundary of said Southwest 1/4; Thence North 89 degrees
13' 47" West 272.07 feet; Thence South 0 degrees 01' 00" East 883.30 feet to the
South boundary of said Section; Thence South 89 degrees 10' 30" East 274.61 feet
along the South boundary of said Section to the Point of Beginning, Less the South 50
feet thereof.
"..._,_..,..._.,._..."....,.__......_~_~__~._.O>_,.._"_..__.._,,~..._.'._~~
EXHIBIT liB"
SOU·.1.rl FLORIDA WATER MANAGEMENT IJISTRICT
ENVIRONMENTAL RESOURCE PERMIT NO. 11-02292-P
DATE ISSUED: JUNE 10, 2004
FORM 110145
Rev. 08'95
PERMITTEE: MANDALAY DEVELOPMENT L.L.C
(MANDALAY PUD)
4158 LORRAINE AVENUE,
NAPLES, FL 34104
PROJECT DESCRIPTION: AN ENVIRONMENTAL RESOURCE PERMIT AUTHORIZING CONSTRUCTION AND OPERATION OF A SURFACE WATER
MANAGEMENT SYSTEM SERVING A 28,06-ACRE RESIDENTIAL DEVELOPMENT KNOWN AS MANDALAY PUD WITH
DISCHARGE TO THE LEL Y DRAINAGE FLOW-WAY.
COLLIER COUNTY, SECTION 16 TWP 50S RGE 26E
PROJECT LOCATION:
PERMIT DURATION:
See Special Condition No:1. See attached Rule 40E-4321, Florida Administrative Code.
This Permit is issued pursuant to Application No. 030707-9 , dated July 3, 2003, Permittee agrees to hold and save the
South Florida Water Management District and its successors harmless from any and all damages, claims or liabilities which may arise
by reason of the construction, operation, maintenance or use of activities authorized by thIS Permit. This Permit is issued under the
provisions of Chapter 373 , Part IV Florida Statutes (F. So). and the Operatmg Agreement Concerning Regulation Under Part IV,
Chapter 373 F,S" between South Florida Water Management District and the Department of Environmental Protection, Issuance
of this Permit constitutes certification of compliance with state water quality standards where neccessary pursuant to Section 401,
Public Law 92-500, 33 USC Section 1341 , unless this Permit is issued pursuant to the net improvement provisions of Subsections
373.414(I)(b). F.S., or as othef\vise stated herem.
This Permit may be transferred pursuant to the appropriate provisions of Chapter 3730 F.S, and Sections 40E-1.6107(1) and (2). and
40E-4.351( 1). (2). and (4). Florida Administrative Code (FA C.). This Permit may be revoked, suspended, or modified at any time
pursuant to the appropriate provisions of Chapter 373, F.S. and Sections 40E-4.351(1), (2). and (4), F.A.C.
This Permit shall be subject to the General Conditions set forth in Rule 40E-4,381, F,A.C., unless waived or modified by the
Governing Board. The Application, and the Environmental Resource Permit Staff Review Summary of the Application, including
all conditIOns, and all plans and specifications incorporated by reference, are a part of this Permit. All activities authorized by
this Permit shall be implemented as set forth in the plans, specifications, and performance criteria as set forth and incorporated
in the Environmental Resource Permit Staff Review Summary, Within 30 days after completion of construction of the permitted
activity, the Permittee shall submit a written statement of completion and certification by a registered professIOnal engineer or other
appropriate individual, pursuant to the appropriate provisions of Chapter 373, F.S. and Sections 40E-4,361 and 40E-4,381, F,A.C.
In the event the property IS sold or otherwise conveyed, the Permittee will remain liable for compliance with this Permit until transfer
IS approved by the District pursuant to Rule 40E-1.6107, F,A.C.
SPECIAL AND GENERAL CONDITIONS ARE AS FOLLOWS:
SEE PAGES 2 4 OF 7 (27 SPECIAL CONDITIONS).
SEE PAGES 5 7 OF 7 (19 GENERAL CONDITIONS).
FILED WITH THE CLERK OF THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT
SOUTH FLORIDA WATER MANAGEMENT
DISTRICT, BY ITS GOVERNING BOARD
On J?~I.g[~ðh.§!mt~J?.~.Y.~_....--n
By ELIZABETH VEGUILLA
DEPUTY CLERK
By
ORIGINAL SIGNED BY:
LORI OJALA
SECRETARY
PAGE 1 OF 7
PERMIT NO: 11-02292-P
PAGE 2 OF 7
SPECIAL CONDITIONS
1. The construction phase of this permit shall expire on June 10, 2009.
2. Operation of the surface wate:::- management system shall be the responsibility of
HOMEOWNERS ASSOCIATION OE" to-1ANDALAY, INC.. 'iJi thin one yea:::- of permit issuance 0:::-
concurrent with the enginee:::-ing certification of construction completion, whichever
comes firs~, the permittee shall submit a copy of the recorded deed restrictions (or
declaration of condominium, if applicable), a copy of the filed articles of
lncorporation, and a copy of the certificate of incorporation for the association.
30 Discharge Facilities:
1-4' W X .66' H SHARP CRESTED weir with crest at elev. 1104' NGVD.
1-.4' W X .25' H RECTANGULAR ORIFICE with invert at elevo 7.5' NGVD.
640 LF of 2' dia, REINFORCED CONCRETE PIPE culverto
Receiving body
Control elev
flow-way for the Lely Manor Basin.
7.5 feet NGVD.
4. The permittee shall be responsible for the correction of any erosion, shoaling or
waLer quality problems that result from the construction or operation of the surface
water management systemo
50 Measures shall be taken during construction to insure that sedimentation and/or
Lurbidity violations do not occur in the receiving water.
60 The District reserves the right to require that additional water quality treatmer.L
methods be incorporated into the drainage system if such measures are shown to be
necessary.
7.
Lake side slopes shall be no steeper
two feet below the control elevationo
2 feet below La 1 foot above control
shown on the planso
than 4: 1 (horizontal: vertical) to a depth of
Side slopes shall be nurtured or planted frow
elevation to insure vegetative growth, unless
8.
Facilities other than those
approved modification 0: this
stated
permit.
herein
shall
not
be
constructed
without
an
90 A stable, permanenL and accessible elevation reference shall be established on 0:::-
wi thin one hundred (100) feet 0: all permitted discharge structures no later tha:1
the submission of the certification reporto The location of the elevation reference
must be noted on or with the certification report.
10. The permittee shall provide routine maint:enance of all of the components of the
surface water management syst:err. in order to remove all trapped sediments/debris 0
All materials shall be properly disposed of as required by law. Failure to properly
maintain the system may result in adverse flooding conditions.
11. This permit is issued based on the applicant's submitted information which
reasonably demonstrates that adverse water resource related impacts will not be
caused by the completed permit: activit Yo Should any adverse impacts caused by the
completed surface water management system occur, the District will require the
permittee to provide appropriat:e mitigation to the District: or other impacted party.
The District will require the permittee t:o modify the surface water management
system, if necessary, t:o ellminate the cause of the adverse impacts.
120 Minimum building floor elevation: BASIN: 1 - 12.15 feet NGVD.
13. Minimum road crown elevation: Basin: 1 - 11040 feet NGVD.
Is. Minimum parking lot elevation: Basin: 1 - 9055 feet NGVD.
IS. All contractors must be provided with a copy of the staff report and permit
PERMIT NO:
11-02292-2
PAGE 3
OF 7
conditions prior to the commencement of construction. The permittee is responsible
for ensuring that all contractors adhere to the proj ect construction details and
methods indicated on the attached permit Exhibits and described hereino
160
Permanent physical markers designating the preserve status of
prese~vation a~eas and buffer zones shall be placed as shown on
(incorporated by reference in'to the permit file). The markers shall
in perpetuity.
the wet."cand
plan sheet S
be maintained
17. All tempora~y wetland impacts associated with construction acti vi 'ties at Mandalay
PUD shall be restored in accordance with the pre-existing condition and coordinatior
with District ERP Compliance Staff.
18. Prior to the commencement of construction, the perimete~ of the protected
wetland/buffer zones/upland preservation areas shall be staked/roped to prevent
encroachment into the protected areas. The permittee shall notify the Dist:::-ict' s
Environmental Resource Compliance staff in writing upon completion of the
staking/roping and schedule an inspection of this work. The staking/roping shall be
subject to District staff approval. The permittee shall modify the staking/roping
if District staff determines that it is insufficient or is not in conformance with
the intent of this permit. The staking/roping sha."cl remain in place until all
adjacent construction activities are complete.
190 I f endangered species, threatened species and/or species of special concern are
observed onsite it shall be the permittee's responsibility to coordinate with the
Florida Fish and Wildlife Conservation Commission and/or the Co S. Fish ana Wildlife
Service for appropriate guidance, recommendations and/or necessary permi'ts to avoid
lmpacts to listed specieso
20. The wetland conservation areas and upland buffer zones and upland preservation areas
shown on Exhibit (s) 30 2A and 3. 2B may in no way be altered from their natural or
permi tted state 0 Acti vi ties prohibited wi thin the conservation areas include, but
are not limited to: construction or placing of buildings on or above the ground;
dumping or placing soil or other substances such as trash; removal or destruction of
'trees, shrubs, or other vegetation with the exception of exotic vegetation
removal; excavation, dredging, or removal of soil materials; diking or fencing; and
any other acti vi -:::ies detrimental tc drainage, flood control, water conservat lon,
erosion control, or fish and wildlife habitat conservation or preservationo
21. Prior to the commencement of construction resulting in wetland impacts and in
accordance with the work schedule in Exhibit No. 3.5, the permittee shall submit two
certified copies of the recorded cor.servation easement for the mitigation area anc
associated buffers. The data should also be supplied in a digital CAD (.dxf) or GIS
(ESRI Coverage) format, The files should be in the Florida State Plane coorainate
system, East Zone (3601) with a data datum of NAD83, HARN with the map units ln
feet. This data sho'Jld reside on a CD or floppy disk and be submitted to the
District's Environmental Resource Compliance Division in the service area office
where the application was submittedo
The recorded easement shall be in substantial conformance with Exhibit 3. 6A- 30 6J.
Any proposed modifications to the approved form must receive prior written consent
from the District. The easement must be free of encumbrances or inc:erests in the
easement which the District determines are contrary to the intent of the easement.
In the event ic: is later dec:ermined that there are encumbrances or interests in the
easement which the Dist~ict determines are contrary to the intent of the easement,
the permittee shall be required to provide release or subordination o~ such
encumbrances or interestso
22, Prior to to commencement of construction in wetlands and in accordance with the wort
schedule in Exhibit No.3. 5, the permittee shall submit documentation from the Big
Cypress Mitigation Bailk that 5 freshwater forested credits have been deducted from
the ledger for the project wetland impacts.
PERMIT NO: ll-02292-P
PAGE 4 OF 7
230 A monitoring program shall be implemented in accordance with Exhibit No. 3.4A-3.4Bo
The monitoring program shall extend for a period of 5 years with annual reports
submitted to District staff. If native wetland, transitional, and upland species do
not achieve an 80% coverage within the ini~ial two years of the monitoring program,
native species shall be planted in coordination with District ERP compliance staff.
At the end of the 5 year monitoring program the entire mitigation area shall contaln
an 80% survival of planted vegetation and an 80% coverage of desirable obligate and
facultative wetland species.
24. Þ. maintenance program shall be implemented in accordance with Exhibit No.3. 3 and
3.4 for the preserved/enhanced wetland/upland areas on a regular basis to ensure the
integri~y and viability of those areas as permitted. Maintenance shall be conducted
in perpetuity to ensure that the conservation area is maintained free from Category
1 exotic vegetation (as defined by the Florida Exotic Pest Plant Council at the time
of permit issuance) immediately following a malntenance acti vi ty. Coverage of
exotic and nuisance plant species shall not exceed 5 of total cover between
maintenance activities. In addition, the permittee shaLe rr,anage the conservation
areas such that exotic/nuisance plant species do not dominate anyone section of
those areas.
25. A mitigation program for Mandalay PUD shall be implemented in accordance wit~
Exhibit No. 3.3. The permittee shall preserve an enhance 12.11 acres of wetlands
and 0.24 acres of uplands, and purchase 5.0 freshwater forested credits at the Big
Cypress Mitigation Bank.
260 Activities associated with the implementation of the mitigation, monitoring and
maintenance plan(s) shall be completed in accordance with the work schedule attached
as Exhibit No. 3.5. Any deviation from these time frames will require prior
approval from the District's Environmental Resource Compliance staff. Such requests
must be made in writing and shall include (1) reasor. for the change, (2) proposed
star::/finish and/or completion dates; and (3) progress report on the status of the
project development or mitigation effort.
27. Prior to the commencement of construction and pursuant to Subsection 40E-4 .101 (2: I
F.A.C., the permittee shall submit proof of ownership of the project area to the
District's Environmental Resource Compliance staffo
.~--_...._-_._._..
PERMIT NO: 1~-02292-P
PAGE S OF 7
GENERAL CONDITIONS
1. All activities authorized by this permit shall be implemented as set forth in the
plans, speci fications and performance criteria as approved by this permit. þ..ny
deviation from the permitted activity and the conditions fo~ undertaking that
activity shall constitute a violation of this permi~ and Part IV, Chapter 373. F.S,
2. This permit or a copy thereof, complete with all conditions, attachments, exhibits,
and modifications shall be kept at the '","ark site of the permitted activity, The
complete permit shall be available for reVlew at the work site upon request by
Distric-: staff. The permittee shall require the contractor to review the comple::e
permit prior to commencement of the actlvity authorized by this permit.
3. Activities approved by this permit shall be conducted in a manner which does not:
cause violations of State water quality standards. The permittee shall implement best:
management practices for erosion and pollution control to prevent violation of State
water quality standards 0 Temporary erosion control shall be implemented prior to and
during construction, and permanent control measures shall be completed within 7 days
of any construction acti vi ty, Turbidity barriers shall be installed and maintained
at all locations where the possibility of transferri!1g suspended solids into the
recei ving waterbody exists due to the permitted work 0 Turbidi ty barriers shall
remain in place at all locations until construction is completed and soils are
stabilized and vegetation has been established. All practices shall be in accordance
with the guidelines and specifications described in Chapter 6 of the Florida Land
Development Manual; A Guide ::0 Sound Land and Water Management (Department of
Environmental Regulation, 1988), incorporated by reference in Rule 4 OE-4 .091, F .A, C.
unless a project-specific erosion and sediment control plan lS approved as part of
the permit 0 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 resourceso
4. The permittee shall notify the District of the anticipated construction start date
within 30 days of the date that this permit is issuedo At least 48 hours prior to
commencement: of activity authorized by this permit, the permittee shall submit to the
District an Environmental Resource Permit Construction Commencement Notice Form
Number 0960 indicating the actual s-:art date and ::he expected construction comple~io~
dateo
"
When the duration of construction will exceed one
construction status reports ::0 the District on an
S1::atus reoort form, Status report forms shall be
eacr. year.
year, the permittee shall submit
annual basis utilizing an annual
submitted the following June of
60 Wi thin 30 days after completion of construction of the permitted acti vi ty, the
permitee shall submit a written statement of completion and certification by a
professional enaineer O:J: other lndl vldual authorized by law, u::ili zing the supplled
Environmental Resource/Surface Water Management Permit Const:J:uctlon
Completion/Certifica::ion Form Number 0881P., or Environmental Resource/Surface v,ater
Management Permit Construction Completion Certification For Projec1::s Permitted
prior to OC1::ober 3, 1995 Form No. 08818, incorpo:J:ated by reference in Rule 40E-10659,
F.A.C. The statement of completion and certification sha.d be based on onsite
observation of construction or review of as-built drawings fO:J: the purpose of
determining if the work was completed in compliance with permitted plans and
specifications. This submittal shall serve to notify the District that the system is
ready fO:J: inspection. Addl tionally, If deviation from the approved drawings are
discovered dU:J:ing the certification process, the certifica::ion must be accompanied by
a copy of the approved permit drawings with deviations noted. Both the original and
revised specificatlons must be clearly shown. The plans must be clearly labeled as
"as-buil t" or "record" drawings. All s~rveyed dimensions and elevat ions shall be
certified by a registered surveyor 0
,
, 0
The
has
operation phase of this permit
complied with the req~irements
shall not become
of condition (6ì
effective:
above, and
until the
submi1::ted
permittee
a request
PERMIT NO:
1l-02292-?
PAGE 6
OF 7
for conversion of Environmental Resource Permit from ConsLruction Phase to Operation
Phase, Form No. 0920; the District determines the system to be in compliance with the
permitted plans and specifications; and the entity approved by the District in
accordance with Sections 9.0 and 10.0 of the Basis of Review for EnvironmenLal
Resource Permit Applications within the South Florida Water Management District,
accepts responsibility for operation and maintenance of the system. The permit shall
not be trans ferred to such approved operation and maintenance entity until the
operation phase of the permit becomes effective. Following inspection and approval
of the permitted system by the District, the permittee shall initiate transfer of the
permit to the approved responsible operating entity if different from the permitteeo
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 permito
80 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 'else of site infrastructure located wi thin the area served by tha'C
portion or phase of the system. Each phase or independent portion of the system must
be completed in accordance with the permi::ted plans and permit conditions prior to
transfer of responsibility for operation and maintenance of the phase or portion of
the system to a local government or other responsible entity.
9. For those systems that will be operated or main::ained by an entity that will require
an easement or deed restriction in order to enable that entity to operate or main'Cain
the system in conformance with this permit, such easement or deed restriction must be
recordeci in the public records and submitted to the District along with any o'Cher
final operation and maintenance documents required by Sections 9.0 and 10.0 of the
Basis of Review for Environmental Resource Permit applications within the South
Florida Water Management Dlstrict, prior to lot or units sales or prior to the
completion of the system, whichever comes first. Other documents concerning the
establishment and authority of the operating entity must be filed with the Secretary
of State, county or municipal ent i ties. Final operation and maintenance documen'Cs
must be received by the District wher. maintenance and operation of the system lS
accepted by the local government er.ti ty 0 Failure to submit the appropria'Ce final
documents will result in the permittee remaining liable for carrying out maintenance
and operation of the permitted system and any other permit conditionso
10. Should any other regulatory agency require changes to the permi tLed system, the
permittee shall notify the District in writing of the changes prior to implementation
so that a determination can be made whether a permit modification is required.
11. This permit does not eliminate the necessity to obLain any required federa2., s"Cate,
local and special district authorizations prior to the start of any activity approved
by this permit 0 This permit does not convey to the permittee or create in the
permittee any property right, or any interest in real property, nor does iL authorlze
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 40E-4 or Chapter 40E-40, F.A.C..
120 The permittee is hereby advised that Section 253.77, F.S. states that a person may
not commence any excavation, cons::ruction, or other activity involving the use of
sovereign or other lands of the State, the title to which is vested in the Board of
Trustees of the Interna~ Improvement Trust Funò without obtaining the required lease,
license, easement, or other form of consent authorizing the proposed use. Therefore,
::he permittee lS responsib2-e for obtaining any necessary authorizations from the
Board of Trustees prior to commencing activity on sovereignty lands or other state-
owned lands.
130 The permittee must obtain a Water Use permit prior to construction dewatering, unless
the work qualifies for a general perwit pursuant LO Subsection 40E-20.302(3ì, F.A.Co,
also known as the "No Notice" Rule.
140 The permittee shall hold and save the Dis::rict harmless from any and al~ damages,
claims, or liabilities which may arise by reason of the construction, alteratior",
operation, mairxenance, removal, abar.donmen:: or use of any system authorizeà by tOe:
PERMIT NO: 11-02292-P
PAGE 7 OF ~
permit.
15. Any delineation of the extent of a wetland or other surface water submitted as part
of the permit application, including plans or other supporting documenta~ion, shall
not be considered binding, unless a specific condi tior. of this permit or ô formal
determination under Section 3730421(2), FoS., provides otherwlse.
16. The permittee shall notify the District in writing vJithin 30 days of any sale,
conveyance, or other transfer of ownership or control of a permitted system or the
reôl property on which the permitted system is locatedo All transfers of ownership
or transfers of a permit are subject to the requirements of Rules 40E-l.610S and 40E-
1.6107, F.A,C.. The permittee t:ransferring the permit shal.l remain liable for
correct:ive ac~ions that may be required as a result of any violations prior to the
sale, conveYônce or other transfer of the system.
170 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 appropriate District service center.
19. The permittee shall immediately notify the District in writing of any previously
submitted information that is later discovered to be inaccurate.
ENVIRONMENTAL RESOURCE PERMIT
CHAPTER 40E-4 (10/95)
40E-4.321
Duration of Permits
(1) Unless revoked or otherwise modified the duration of an environmental resource permit
issued under this chapter or Chapter 40E-40, FAC. is as follows:
(a) For a conceptual approval, two years from the date of issuance or the date specified as a
condition of the permit, unless within that period an application for an individual or standard general
permit is filed for any portion of the project. If an application for an environmental resource permit is filed,
then the conceptual approval remains valid until final action is taken on the environmental resource permit
application. If the application is granted, then the conceptual approval is valid for an additional two years
from the date of issuance of the permit. Conceptual approvals which have no individual or standard
general environmental resource permit applications filed for a period of two years shall expire
automatically at the end of the two year period.
(b) For a conceptual approval filed concurrently with a development of regional impact (DRI)
application for development approval (ADA) and a local government comprehensive plan amendment, the
duration of the conceptual approval shall be two years from whichever one of the following occurs at the
latest date:
1, the effective date of the local government's comprehensive plan amendment.
20 the effective date of the local government development order.
3. the date on which the District issues the conceptual approval, or
4. the latest date of the resolution of any Chapter 120057, FAC., administrative proceeding
or other legal appealso
(c) For an individual or standard general environmental resource permit, five years from the
date of issuance or such amount of time as made a condition of the permit.
(d) For a noticed general permit issued pursuant to chapter 40-E-400, FAC., five years from
the date the notice of intent to use the permit is provided to the District.
(2)(a) Unless prescribed by special permit condition, permits expire automatically according to
the timeframes indicated in this ruleo If application for extension is made in writing pursuant to subsection
(3), the permit shall remain in full force and effect until:
1. the Governing Board takes action on an application for extension of an individual permit,
or
20 staff takes action on an application for extension of a standard general permit.
(b) Installation of the project outfall structure shall not constitute a vesting of the permit.
(3) The permit extension shall be issued provided that a permittee files a written request with
the District showing good cause prior to the expiration of the permit. For the purpose of this rule, good
cause shall mean a set of extenuating circumstances outside of the control of the permittee, Requests for
extensions, which shall include documentation of the extenuating circumstances and how they have
delayed this project, will not be accepted more than 180 days prior to the expiration date.
(4) Substantial modifications to Conceptual Approvals will extend the duration of the
Conceptual Approval for two years from the date of issuance of the modificationo For the purposes of this
section, the term "substantial modification" shall mean a modification which is reasonably expected to
lead to substantially different water resource or environmental impacts which require a detailed reviewo
(5) Substantial modifications to individual or standard general environmental resource
permits issued pursuant to a permit application extend the duration of the permit for three years from the
date of issuance of the modificationo Individual or standard general environmental resource permit
modifications do not extend the duration of a conceptual approval.
(6) Permit modifications issued pursuant to subsection 40E-4.331 (2)(b), FACo (letter
modifications) do not extend the duration of a permit.
(7) Failure to complete construction or alteration of the surface water management system
and obtain operation phase approval from the District within the permit duration shall require a new permit
authorization in order to continue construction unless a permit extension is grantedo
Specific authority 373.044, 373.113 F,S. Law Implemented 373.413, 373.416, 373.4190 373.426 F,S, History-New 9-3-81,
Amended 1-31-82, 12-1-82, Formerly 16K-4.07(4), Amended 7-1-86, 4/20/940 Amended 7-1-86, 4/20/94, 10-3-95