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Saturnia Falls COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING SERVICES DEPARTMENT MEMORANDUM TO: Sue Filson, Administrative Assistant FROM: John R. Houldsworth, Senior Engineer DATE: June 15, 2005 RE: Saturnia Falls Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Saturnia Falls. 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 SA TURNIA FALLS PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into this day of , 2005, by and between the Board of County Commissioners of Collier County, Florida hereinafter referred to as "County", and G.L. HOMES OF NAPLES ASSOCIATES II. LTD., hereinafter referred to as "owner". RECITALS: WHEREAS, the County has adopted Collier County Ordinance No. 04-15 known as the Terafina PUD Ordinance, hereinafter referred to as the Terafina PUD; and WHEREAS, owner represents and warrants it is the record fee title owner of the lands described in SPECIAL WARRANTY DEED Recorded in Official Records of Collier County OR: 3284 PG: 1227 (propertv Folio No. 00183600000) , 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 MODIFICATION NO. 1l-02055-P DATED MARCH 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 10.02.04 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. H:\1995\1995087\WP\Plans & Plat\050516-REV Preliminary Work Authorization-form.doc 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 necessary for project infrastructure. 2. Earthwork necessary for the installation of water and sewer lines, drainage pipes, swales and roadbed preparati on. 3. Installation of storm drainage pipes and swales. The preliminary work detailed in this Section shall be in accordance with plans entitled Saturnia Falls Construction Plans consisting of ~ sheets, prepared by Hole Montes. Inc., dated April 2005 hereinafter referred to as "The Preliminary Work". The legal description of the boundaries of the preliminary Work is shown on the preliminary plat for Saturnia Falls consisting of 26 sheets prepared by Hole Montes. 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. SA TURNIA FALLS Construction Plans consisting of 49 sheets prepared by Hole Montes, Inc. 2. SA TURNIA FALLS Final Plat consisting of 26 sheets prepared by Hole Montes, 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) SECTION 4 - APPROVALS County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat approval once conditions a, b, and c in Section 3 above have been satisfied. Owner understands and acknowledges that no building permit for habitable structures within the Terafina PUD until the Saturnia Falls Plat - 1 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 - LIMIT A TIONS 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 Section 10.02.04 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 a. and b. above 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. IN WITNESS WHEREOF, the parties have executed this Agreement the day first above written. ~~ iYI.Yss ' /.? K€i;¡A) K¡JT"Í~ Printed Name ~:t:!:; ~ Wi e:A.- s " ~/) Printed Name ATTEST: "" D'~~~ " , . ..,...'" . \.i "'¡'or.{) Dwight E. I}r~tClet'k'...,t'$- ~';'.' ":-.-. .. "~ . i!' k k!~.~ .... ~ -- STATE OF FLORIDA COUNTY OF COLLIER G.L. Homes of Naples Associates II, LTD. By: G.L. Homes of Naples II Corporation ~;?! /£ . Rick E. Elsner, Authorized Signatory Board of County Commissioners of Collier County, Florida ~w.~ FRED W. COYLE, CHAt Before me personally appeared Rick E. Elsner 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. WITNESS my hand and official seal this SEAL ~\\\\"tI"''',,,,~ ~~~~r,\\\er C. /(ti!'~... '* ~.p"" ....... ;:"1/) ,..., ~ ..~=~\SSIOÑ ;':.. ~ . WT. .......-;0. I ...~c:J !.~rt1o.¿ ~". ~ ::: : ~ ....~ -'f!. It. ~ I =*: .... :*= ið\ fiJD163352 i~l ~::;.\_ . 'S:'~ ~~". ~~~ ...~~ ~ '")- ......./ù¡.~~.. "" ~I.~¡'·...·~o«~ '/II/, ~/C ST~\'" ~,~ I""" ""'''''\\: /3,daY.Of~, 2~~ Wtllw, Signature . Jkcd1'-V Co W~ Notary Public State of Florida C:\Documents and Settings\RElsner\Local Settings\Temporary Internet Files\OLK I C I \Preliminary Work Authorization-form,doc ""--'''''~ EXHIBIT "An 31) :85 OR:v'jisq PG:1Ž27 . DCOIDID in onICU1I BCORDS of CO~t.ln. coum 1 FL 05/07/UG3 it oa~051K DiIGII! 1. SIGCl, mil: CGlS 15691514.00 DC !U 10.50 DOC·,TD 111241.20 COPUS 2.00 Oc~, 2, 200: ï::46AM This instrument prepared by: Timothy G. Hains, Esq. QUARLES & BRADY LLP 4501 Tamiami Trail North, Suite 300 Naples, Florida 34103 ¡Itn: OUIDIS' 'i, 5UD1 1501 !lHIIII 'I I '300 IAPLlS !L 34103 3010 $ 10.50 recording $)1/. ;.JJI. ),r; documentary stamps . Property ID Number: 00183600000 SPECIAL wARRANTY DEED THIS INDENTURE, made this ~ day of May, 2003, between Robert Vocisano, as Trustee under Land Trost Agreement dated May 24, 1995, whose mailing address is: 4100 Golden Gate Parkway, Naples, Florida 34116, (the "Grantor''), and GUi Dcvelopmen~, L.L.L.P., a Florida limited liabi1ity limited partnership, whose mailing addrcss is: 1401 Urriversity Drive, Suite 200, Coral Springs, Florida 33071 (the "Granteet'). WITNESSETH, that said Grantor, for and in consideration of the sum of Ten Dollars, and other good and valuable consideration to said Grantor in band paid by said Grantee, tile receipt whereof is hereby acknowledged, has granted, bargained and sold to' the said Grantee, and Grantee's successors and assigns forever, the following described land, situate, lying and being in Collier County, Florida, to-wit: All of Section 16, Township 48 South, Range 26 East, Collier County, Floridl!., less and except the Westerly 80 feet thereof. . Subject to covenants, easements, restrictions and reservations of record but without reimposing same; existing zoning and governmental regula.tions; real estate taxes for the current and subsequent years. The subject property is vacant land and is not the homestead property of the Grantor, nor is it contiguous û:1ereto. The Grantor reside~ at 165 Second Avenue North, Naples, Florida 34102.. THIS DEED is an absolute conveyance and said Grantor will warrant and deîend the property hereby conveyed aga:inst the lawful claims and demands of all persons. claiming by; through, or under said Grantor, but aga:inst none other. TO HA VE AND TO HOLD the same, in fee simple forever. TOGETHER WITH aU the hereditaments and appuncnances thereunto belonging or in anywise appenaining to the property hereby conveyed, QBNAP\3 90514.2 .'/ '... Þ- No, 0061 p, 2/2 " ~ OR: 3284 PG: 122~ ttt Oc;, 2 2003 1 ':' 47AM IN 'WITNESS WHEREOF. the Grantor has hereunto set Grantors hand and seal the day and year :first above written. Signed, sealed and delivered in the presence of: Witnesses: /~~(~ ~' / rI'iíÍt name: . ~ \ Robert Vocis 0, as Trustee under Land Trust Agreement dated May 24. 1995 - STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this :¡,;N7<.,.day of April. 2003, by Robert Vocisano, as Trustee under Land TruSt Agreement dated May 24, 1995. He is lKJ personally known to me, or L.) has produced as identification and who did not take an oath, (SEAL) Y PUBLIC Print ame: ~V"~AI£' HdWA,Q,6 MY COlv.IMISSION EXPIRES: 8UZRIIi tIMARÞ MY ctMI8BØ1 ,CO.,. EXPIRBt........... .......11 .....~ .IIJI QBNAP\3905 )4.:: f!l:& 'r¡¡¡;J sou':.. FLORIDA WATER MANAGEMENT. 3TRICT ENVIRONMENTAL RESOURCE PERMIT MODIFICATION NO. 11-02055-P DATE ISSUED: MARCH Iff..5; ðJ1" f/~/r I'i¿d 10, 2004 FORM OC157 Rev. 08/95 PERMITTEE: GLH DEVELOPMENT LLLP EXHIBIT "B" (TERAFINA PUD) 1401 UNIVRSITY DRIVE SUITE 200, CORAL GABLES, FL 33071 ORIGINAL PERMIT ISSUED: APRIL 11,2002 ORIGINAL PROJECT DESCRIPTION: AN ENVIRONMENTAL RESOURCE PERMIT TO AUTHORIZE THE CONSTRUCTION AND OPERATION OF A SURFACE WATER MANAGEMENT SYSTEM WHICH SERVES A 436,1 ACRE RESIDENTIAL AND GOLF COURSE DEVELOPMENT WITHIN A 646,5 ACRE PARCEL, THE SYSTEM DISCHARGES TO THE COCOHA TCHEE CANAL, APPROVED MODIFICATION: AN ENVIRONMENTAL RESOURCE PERMIT-MODIFIClITION TO AUTHORIZE THE CONSTRUCTION AND OPEPATION OF A SURFACE WATER MANAGEMENT SYSTEM WHICH SERVES A 4214 ACRE RESIDENTIAL DEVELOPMENT WITHIN A 646.5 ACRE PARCEL. THE SYSTEM DISCHARGES TO THE COCOHA TCHEE CANAL VIA THE MIRASOL FLOWWAY. PROJECT LOCATION: COLLIER COUNTY, SECTION 16 TWP 48S RGE 26E PERMIT DURATION: See Special Condition NO.1. See attached Rule 40E-4.321, Florida Administrative Code, This Permit Modification is approved pUrSUå.l1t to Application No. 030709-15, dated July 8, 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 consuuction, operation, mamtenance or use of any activities authorIzed by this PermÜ. This Permit IS Issued under the provisIOns of Chapter 373, Part IV Florida Statutes(F,S.), and the Operating 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 certificatlon of compliance with state water quality standards where necessary 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( l)(b), F,S., or as otherwise stated herein, This PermIt Modification 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), Florida Administrative Code (FAC.). This Permit Modification may be uansferred pursuant to the appropriate provisions of Chapter 373, F.S., and Sections 40E-1.6107(1) and (2), and 40E-4.351(1), (2), and (4), F,A.C, All specifications and special and limiting/ general conditions attendant to the original Permit,unless specifically rescinded by thIS or previous modifications, remam ill effect. This PermÜ Modification 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 Environmental Resource Permit Staff Review Summary of the Application, including all conditio and all plans and specifications incorporated by reference, are a part of this Permit Modification. All activities authorized by this Permit Modification 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 Summa¡:y. Within 30 days after completion of consUuction of the permitting activity, the Permittee shall submit a written statement of completion and certification by a registered professional engmeer or other appropnate individual, pursuant to the appropriate provisions of Chapter 373, F,S. and Sections 40E-4,361 and 40E-4,381, FAC. In the event the property is sold or otherwise conveyed, the PermIttee will remain liable for compliance with this Permit until transfer IS :.;.ppr!ìved b~' :..:~. ::~;:.,.1,·, ......,_~~.~:.~.:-.!.~;_ L'_' ::....:_l~ ~~r_~:-=_ ~.f.:07. F.Ä..C. SPì:C::.:" :::-;0 GENERAL CONDITIONS ARE AS FOLLOWS: SEE PAGES 2 4 OF 7 (26 SPECIAL CONDITIONS), SEE PAGES 5 7 OF 7 (19 GENERAL CONDITIONS), PERMIT MODIFICATION APPROVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FILED WITH THE CLERK OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT ON BY ORIGINAL SIGNED BY: ELIZABETH VEGUILLA BY ORIGINAL SIGNED BY: GARRETT WALLACE JR. ASSISTANT SECRETARY DEPUTY CLERK PAGE 1 OF 7 PEEMIT NO: 1l-0205S-? PÞ.GE - OF SPECIAL CONDITIONS . . The construction phase of this permit shall expire on Marc~ ~~, 2009. Operation 0:: the su::::-::ace water management syscem shall be t~e responsibility of TERAFINA HOMEOWNERS ASSOCIATION, INC. Within one year of permit issuance or concur::::-ent w~th the engineering certiflcation or construction complet:ion, whlchever comes first, the permittee shall submit a copy of t~e recordec deed restrictions (or declaration of condominium, if applicable), a copy of the filed articles of incorporation, and a copy of the certi:icate of incorporation for the association. -.......-= 3, Discharge Facilities: Structure: Outfall 1-80' WIDE RECTANGULAR NOTCH weir with crest at elev. 13.8' NGVD. 1-3' W X .4' H RECTANGULAR NOTCH with )DVert at elev. 13.4' NGVD. Receiving body: Cocohatchee Canal via the Mirasol Flowway. Control elev 13.4 feet NGVD. /13.4 FEET NGVD DRY SEASON. 4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that: result from the construction or operat:ion 0: the surface water management system. ~ . Measures shall be taken d'C.ring construction to insure that sedimentation anc:i/or turbidity violat:ions do not occur in the receiving water. b. The District reserves the right to require that ac:iditional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 7, Lake side slopes shall be no steeper than 4: 1 (horizontal: vertical) to a depth of two feet below the control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control elevation to insure vegetative growth, unless shown on the plans. "":'':':''l.l t:.e~; Gther .=l ta. ~e~:i ;-, e 1.: c _~,-, ...:". ,~ ..~, ')'" ::,-'nstruc"':·~d withol;~ modiflcation shall bp obr31nea ,_=:ì¡"';. approverl modificatlûn or tn~s perm~t, A perm~t any improvemenLs w~hin the clubhouse site. for 9. A stable, permanent and accessible elevation reference shall be established or. or wi thin one hundred (100) feet of all permitted discharge structures no later than tne submission of the cer~ification report, The loca~ion of the elevatio~ reference must be noted on or with the cer~ification report, 10. The permittee shall provide routine maintenance of all of the components of the surface water management system in order ~o remove all trapped sediments/debris, All materials shall be properly disposed of as required by law. Failure to properly maincain the sysLem may result in adverse flooding conditions, c;:';-lis permit lS issued based on the applicant:' S si.1bmiLted ::.nrormatlon WDlGl reasonably demonstrates that adverse waLer resource relaLed impacts vnll r.ot be caused by the completed perm::.t activity, Should any adverse ~mpacts caused bv the ,.., , L'":=.. PERMIT NO: 11-0205S-P PAGE ~ .5 OF '7 c:Jmpleted surface 'water management system :Jccur, the District 'will require the permi ttee -:0 provide appropr-iate mitigation to t;-¡e District or other impacted party. The District will require the permittee t:o modify the surface water ma~agement system, i: necessary, to eliminate the cause of the adverse impacts. 12. Minimum building floor elevation: BASIN: Site - 16.60 feet: NGVD. 13. Mi~imum road crown elevation: Basin: Si~e - 15.70 feet NGVD. 14. Minimum parking lot elevat:ion: Basin: Site - 15.70 feet NGVD. ""--, 15. The channel shall be constructed without dewatering as indicated in t:he previous per-mit, ~6. Spoil generated from the excavation of the flowway must be placed on an upland or wetland impact locat:ion as authorized by -:his permit. 1. I. The parking area treatment volume water management In the recreational tract shall provide a minimurr, dry pre- of 1/2 inch of runoff prior to discharge into the master sur:ace system, 18, THE CONSTRUCTION OF THE MIRASOL FLOWWAY AND THE ASSOCIATED CONTROL STRUCTURES ON THE FLOWWAY SHALL BE COMPLETED PRIOR TO ANY CONSTRUCTION ON THE PROJECT SITE. 19, ?rior to the commencement of construction, a copy of the agreement between the permi ttee and Mirasol development, relating to maintenance and operation cost sharing for the Mirasol flowway, shall be provided to the District. 20. All special conditions and exhibits previously stipulated by permit number 11- 02055-P remain in effect unless otherwise revised, and shall apply to this modificatior. . "V) Ä..';". A monitoring program shall be implemented in accordance with Exhibit No.3.9. The monit:Jring program shall extend for a period of 5 years with semi-annual reports for the first two years and annual reports thereafter submitted to District staf:, At the end of the first monitoring period the mitigation area shall contain an 80% survival of planted vegetation. The 80% survival rate shall be maint:ained th~8ug~oU~ the rem~i.Drle~ o~ the rnoni~0r~_n~ prn~r~m wit~ r~plßnting as necBs~~~y. L! ~~ã.'~.:i \¡~ i^leC.i..~:-IO.{ trans Lci,anal, a:hl 'l~'J.,:-"-'~¿ r":;,n,_,; :~.s o() no-r.: Q.,:"::iieve an JU0,j CÛ-I.?'E:rage within the initial two year~ of the monitoring program, native species shall be planted in accordance with the malntenance program. Þ.t the end of the 5 year- monitoring program the entire mitigation area shall contain an 80% survival of planted vegetation and an 80% coverage of desirable obligate ar.d facultative wetland species. ")'"1 L......' . A mitigation program for Terafina PUD snaIl be implemented in accoraance with Sxhibit No.3. 7a - 3.7c. The permittee shall enhance 253.04 acres of wetlands and preserve/ enhance 3:;'.37 acres uplar..d compensation areas. Al though not calculated as mitigation, this acreage includes the wetlands and upland that will be converted to flow-way conveyance and are subject to the design and planting shown on Exhibit 68 and 69 of the original permit. chs pelï1LltLee J.S gran-:ed a ¡:"cdification of the Special Condl-:lon :~o. 28 of the original permit Application No. 970923-12, as s~Dsequently ~odifieà, wh:ch extends the time for the payment of the mitigation money required In the original __"_o~_.._,,__","',__." PERMIT NO: L-02055-P PP,GE 4 OF ì oermi t. No later than 2"une 30, 2004 ana p2:ior to the irn tiacion of constr'J.ction accivities in wetlands, the permittee stall provide the mitigatio~ payment to the Discrict's wetland nitlgation fund for the acquisition, enhancement and managemenc 0: lands within CREW. Payment of the mitigation fee is an enfo2:ceable conditions of this permic subject to the District compliance rules. 25 . Activities associated with the implemer.tation of the mitigation, mor,i coring and maintenance plants) shall be completed in accordance with the work schedule attached as Exhibit No, :3.9. Any deviation from L:1ese time frames '0I:ell require prior approval from the District's Environmencal Resource Compliance sLaf:, Suc~ requests must be made in ',Œi ting and shall include (1) reason ::or the change, (2) ~oposed start/finish and/or completion dates; and (3) progress report on the status of the project development or mitigation effort. ..... 26. A maintenance program shall be implemented in accordance with Exhibit No. 3,7c - 3. 7 f for the preserved/ enhanced wetland and upland areas, upland buffer zones, connector preserves, and the flow-way conveyance on a regular basis to ensure the integrity and viability of those areas as permitted, Maintenance shall oe conducted in perpetuity to ensure that the conservation area is maintalned free from Category ::. exotic vegetation (as defined by the Florida Exocic Pest Plant Council at the time of permit issuance) immediately following a maintenance activicy. Coverage of exotic and nuisance plant species shall not exceed 10% of total cover between maintenance activities. In addition, the permittee shall r:\anage the conservation areas such that exotic/nuisance plant species do not dominate anyone section of those areas, 27. 010 later than May 20, 2004 and prior to the comrr,encemenc of construction, Lhe permittee shall provide an original letter of credit/bond to ensure the permittee's financial ability and commitmenL to complete the p~oposed mitigaLion, monitoring and maim::enance plan as shown on 2xhibit No. 3.7a - 3.7:. The lette~ of credit/bond shall be in substantial conformance with Exhibi~ No. 3,10a - 3.10c. í^Jhen a performance bond is established, the permittee shall also establish a standby trust fund for deposit of all payments under bond. The letter of credi t/bond shall remain in effect for the entire period of the mitigation and moni toring program, NOl::ifica tion of t;'1e Districl:: by the financial insLi tutior'. that the le~ter of credit/bond will not be renewed o~ is no longe~ in effec~ shall constitute non-compliance wich the permit. no," '~.~____ FE?J,r::T NO: Il-J2JS5-F ?AGE co -' 0,.., r GENERAL CONDITIONS 1. All activities authorized by this perm~t shall be implemen::.ed as se::. forth in Lhe plans, specifications and performance criteria as approved deviation from the permi ;:.c:ed acti vi ty and the condi t::.ons activity shall consti::u::.e a violation of this perm::.t and F.S. by this permi::, for undertaking Pa2:"t I\l, C~'1apter -,--, ..) /..). Þ.ny that -, '-. This permit or a copy thereof, complete with all conditions, at;:.acnmen;:.s, exhibits, and modifications shall be kep;:. at the work site of the permi ::::ed acti7lty. The co~plete permit sha~l be ava~~le for review at the work site upon request: by District staff, The permittee shall req'J.ire the contractor to review the complete permit prior to comrne:lcement of the ac::iv::.ty authorized by this permlt. 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. bes;:. management prac::ices for erosion and pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activi::y. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due ::0 the permitted work. Turbidity barriers shall remain in place at all locacions until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and ftlater tvlanagement (Depar::ment of Environmental Regulation, 1988), incorporated by reference in Rule 40E-4.091, F.A,C. unless a projec::-specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers, The permittee shall correct any erOSlon or shoaling that causes adverse impacts to the waLer resources, 4 . The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to comme:lcement of activity authorized by this permi::, the permittee shall submit to the Districc an Environmenc:al Resource Fermi t Construction Commencement ,Notice Form Number 0960 indicating the actual SLart date and tne expected construction completion date. ~ . 'V'i'hen t:()µ ::i",=~ ~';"vll c:,::oc:::::::'Jction 'dill ez.:...;ee'-Ì one yea.L, the perr:l,j~t,=ee ::'Ilct.ll ::,uDmi '- ~C~5~Iuc~ion status reports to the Districc: on dn annual basis utilizing an Annual status report form. Status report forms shall be submitted the following June of each year. 6. Wit:hin 30 days after completion of construc::ion of the permitted activity, t:he permitee shall submi:: a '¡¡ritten statement 0: complet:io:1 and cer::.ificat.lon by a registered professional engineer or other appropria::.e individual as author::.zed by law, utilizing c:he supplied Environmenta~ Resource Permit Construction Completion/Certification ?orm Number 0881, The stateme:1t 0: completion and cer::ificatio:1 shall be based on onsite observation 0: construction or re'Tlew of as-buil t drawings for the purpose of determining -'-- the work was completed In compliance with permitted plans and specificat:ions. This submlttal shall serve to r.otify the Distrlc:: that the system is ready :or inspection. Addicionally, if devia~iGn from the approved arawlngs lS dis=overed during the cer~ification process, the certificatior. must be accompanied by a copy of the approved permi:: drawings with aeviat::.ons noted, Both the original and revised spec~=lcations must PERMIT NO: L-0205S-? ?Þ.GE 6 OF ; be clearly drawing. registeree shown. The plans must be clear~y labeled All surveyed eimensions and elevations surveyor. as "Þ...s-Dü.ilt" or "Record" shal~ be cert~fled ~y a i. ~he operation phase of this permit shal: not become effective: until the permittee has complied with the requirements of condition (6) above, ane submitted a request for conversion of Environmental Resource Permit from Construction Phase :0 Operatlon Phase, Form No, 0920; the Cistrict eetermines the system to be 1n compliance with the permittee ~lans ana specifications; and the entity approved by the Jlstric~ in accordance with Sectlons 9.0 and 10.0 of the BaSlS of ReVlew for Environmental Resource Permlt Appllca:ions within the So~th Florida Waeer ~a_nagement District, accepts responsi~ili ty for operation ana maintenance of the system. The permit shall not be transferred to such approved operation and mainterrance entity until the operation phase of the permit becomes effec:i ve. Following inspection and approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the approved responsible operatlng entity if different from the permittee. Until the permit is transferred pursuant: to Section 40E-1.6107, ?A.C., the permittee shall be liable for compliance with the terms of the permit. 8. Eacr. phase or independent portion of the permitted system must be completed in accordance with the permittee plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by thae portion or phase of the system. Each phase or independent portion of the system must be completed in accordance ItJi th the permitted plaDs and permit condi tlons 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. Fo::=- those systems that will be operated or maintained ~y aE entity that will require an easement or deed restriction in order to enable ~hat entity to operate or mainta':'n the system in conformance ·witr. thl.s perrr.':'t¡ such easement or deed res~rlction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Envirorlmental Resource Permit applications within the South Florida Water Management Distric~, prior to lot or units sales or prlor to the completion of the system, 'whichever comes firs;::. Other documents concerning the establishment and authority of the operating enti~y mus;:: be ::ilee with the Secretary of State, couney o::=- municipal entities. !èinal operation and maintenance documents mus;:: be receivec by the Distrlct when maintenance ane operation of the system is accepted by the local government: entit:y, Failure to submi~ the appropriate final documents wlll result l.n tne ;':'2:.0"i.Lt-~_'2~ 1 ~rn.-;in.ing li~~::)l-~, ", r' ~ ..i.._; 0' ,dV. ~_~ì=:.elì2~: ,:¡nd JDeratlr..:'r~ c: t~'ì,? ~ç':':l-LLì.tleu .;:)v'::JL~IT\ and a:.;;.~~ ul.lle.::. tJel.ll.~~ ~\../.-.d~L.i.0ns. 10. Should any ot:-ter pe::=-mittee snall implementation so is required. regulatory agency require notify the District in that a determlnation can changes to the permittee system, the writ':'ng of the changes prior to be made whether a permit modification This permi~ does not eliminate the necessi-:::.y to obtai:!. any required ::ederal¡ state, loca~ and special districe autnorizations prior to the stare of any aCtl.Vlty approvee by this permlt. This permit does no~ convey to the permittee or create in the permittee any property right, or any interest in real property, nor does i~ authorize any entrance upon or activities on properLY which is not owned or cont:rolleo by the per:nittee, or convey any rights or privileges other ::han those specified in the permit and Chapter 40E-4 or Chapte::=- 4J2-40, F.A.C.. 12. The permittee is hereby advised that Section r;r--, -¡-r L. ......' -..J. " F.S, states toat a person may ?ERMIT NO: 1l-02055-? PAGE OF ' not commence any excava~ioD, construction, or other activitj' involving t~e use of sovereign or other lands of the State, the title to which is vested In the Board cf Trustees of the Internal ~mprovement Trust Fund witho~t oDtaining the required lease, license, easement, or other form of consent authoriz.::.ng the proposed use. Therefore, the permittee is responsible for obtaining any necessary au~horizations from the Board of ':'rustees prior to commencing acti vi ty on sovereignty lands or other state-owned lands. 13. The permittee must obtain a WaLer Use permit prior to construct~on dewac:.erlng, unless the work qualifies for a general perm~t pursuant to Subsection 40£- 20,302(3;, F.A.C., also known as the "No Notice" R,lle. --= 14. The permittee shall hold and save the District harmless from any and a~~ damages, claims, or liabilities which may arise by reason of the construction, alteratior., operation, maintenance, removal, abandonment or use of any system authorized by the permit. 15. Any delineatior. of the extent of a wetland or other surfi1ce water submitted as part 0= 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 373.421(2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located, All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E- 1.6105 and 40E-1.6107, F.A.C.. The permittee transferring the permit shall remain liable =or corrective actions that may be required as a result of any violations pr~or to Lhe sale, conveyance or other transfer of the system, 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. 1= historical proj ect site, service center. or the archaeological artifacts are permittee shall immediately discovered notify the at: any time appropriate on the Dlstrict 19. The permittee shall immediately notify the Oistric'C in writing or any previously oS ~b:¡,.~ 7" +_ ::-"ct i..=-: f ('. '-;n.~ - i QI'"l :- 1-'1:::: i:3 ; ,.,_ ter di .r-::___ --,-.:--::- ~:-~ t- r. ~-,,;-~ i:-:...:.. .-=.' ~·~_Lr·::""C. ~ . f' it .. ENVIRONMENT AL RESOURCE PERMiT CHAPTER 40E-4 (10/95ì 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-4Q, FAC. is as follows: (a) For a conceptual approval, two years from the date of issu~nce or the date specified as a condition of the permit, unless within that period an application for an individual or standard general perm it is filed for any portion of the project. If an application for an environmental resource permit i~ fiied, 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 ---ifom 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. 2. 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 120,57, FAC., administrative proceeding or other legal appeals. (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-40Q, 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 tlmeframes indicated in this rule. If application for extension is made in writing pursuant to subsection (3), the permit snail remain in full force and effect until: 1. the Governing Board takes action on an application for extension of an individual permit, or 2. 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, , '; =:;lD:::~,':; ,;:",;, ,,;dir:r';,,"~':;:-. :::-:: .-,c:::y' ~::'d ,A.D,;rovals will extol ".~~I ,...; d~,,;:;,i0r: uf tf16 ConceplUal Approval tor two years from the date of iS~lJance of the modification. For the purposes Of this section, the term "substantial modification" shall mean a modificatloll which is reasonably expected to lead to substantially different water resource or environmental impacts which require a detailed review. (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 modification. 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), FAC. (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 granted. Specific authority 373.044. 373,113 F.S, Law Implemented 373.413, 373,416, 373.419, 373.426 F,S, History-New 9-3-81 Amended 1-31-82. 12-1-82, Formerly 16K-4.07(4), Amendea 7-1-86, 4/20/94, Amended 7-1-86, 4/20/94,10-3-95