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Indigo Lakes Unit SevenCOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION MEMORANDUM TO: Sue Filson, Administrative Assistant FROM: John R. Houldsworth, Senior Engineer~lA,--...L DATE: June 19, 2002 RE: Indigo Lakes Unit Seven Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Indigo Lakes Unit Seven. 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 "Indigo Lakes Unit 7" PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into this 14th day of June, 2002, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "County", and Kenco Development, Inc., hereinafter referred to as the "Owner". RECITALS: WHEREAS, the County has adopted Collier County Ordinance No. 01-53 known as the Indigo Lakes PUD Ordinance, hereinafter referred to as Indigo Lakes; and WHEREAS, Owner represents and warrants it is the record fee title owner of the lands described in Boundary Survey, prepared by Banks Engineering, Inc., said legal description attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the South Florida Water Management District has previously issued a permit for a surface water management permit for Indigo Lakes, SFWMD Permit No. 11-01669-P issued December 13, 2001 (see attached Exhibit B); and WHEREAS, Owner represents that the Preliminary Work Authorization is needed because failure to commence work on this project immediately will result in financial hardship to owner and may adversely affect the feasability of the project; and WHEREAS, Owner represents and warrants that no construction shall occur in environmentally sensitive areas 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 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 - ACKNOWLEDGMENT 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. 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: The preliminary work detailed in this Section shall be in accordance with plans entitled Indigo Lakes Unit 7; consisting of 18 sheets, prepared by Banks Engineering, Inc., dated April 8, 2002, hereinafter referred to as "The Preliminary Work". The legal description of the boundaries of the Preliminary Work is shown on the final subdivision plat for Indigo Lakes consisting of 18 sheets prepared by Banks Engineering, 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 (the "Preliminary Work Permits"). These applications are as follows: FP ARff2033 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 early work permit or actual 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. SFWMD Permit # 11-01669-P issued 12/13/01 SECTION 4 - APPROVALS County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat approval once conditions in Section 3 above have been satisfied. Owner understands and acknowledges that no building permit will be issued for habitable structures within Indigo Lakes until the plat is approved and recorded. 2 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 attorneys 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 final 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 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 the 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 W1TNESS WHEREOF, the parties have executed this Agreement the day first above written. BY: Kenco Development, Inc. A Florida Corporation ~i~[~nn'etC~ ga(~{]r~, Jr., Vice/PrUdent Printed~ame Printed name / 3 ,' .-' q;~/ight'E:.Bqo~k, Clerk ~~q~ ~~... d legal sufficiency: Assist~t County Attorney) g~t~ ~, ~ BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA COUNTY OF COLLIER The foregoing Application was acknowledged before me this da.~of-C'~'_ 2002, by ____, who is personally kno.w~t'6 me, or who has produced as identification and who.5tid~did not) take an oath. Public Seal ~f Notary ~ ~~ Public ~ NOTARY PUBLIC ~ Serial/Commission # ___  /~ My Commission Expires: 4 NORTHEAST CORNER NORTHWEST QUARTER SECllON $4 FOUND $/4' IRON PIPE. NO. LD. ~t A PARCEL OF ~ND:LYIN~ SECT/ON 54, .TOWNSHIP '~ . COLLIER COUN ~' ', DESCRIP EON -'-' THE NORTH HALF (N ~/2) OF R~£ . l~l QUARTER (N~ 1/4.) OF THE NORTHWEST (NW ~/4) OF SECDON 3¢, TO~fVSH/P "'S~ RANCE 2~ EAST, CO~L/ER COUN~ 'FLORIDA. ® Rev 08/95 PERMII-rEE: KENCO DEVELOPMENT INC (INDIGO LAKES) 255 EAST DRIVE. SUITE D MELBOURNE, FL 32904 ORIGINAL PERMIT ISSUED: ORIGINAL PROJECT DESCRIPTION: APPROVED MODIFICATION: PROJECT LOCATION: PERMIT DURATION: SOUTH FLORIDA WATER MANAGEMENT DISTRICT CORRECTED PERMIT ENVIRONMENTAL RESOURCE PERMIT MODIFICATION NO. 11-01669-P DATE ISSUED: DECEMBER 13, 2001 INDIGO PRESERVE L L C (INDIGO LAKES) 8310 BIG ACORN CIRCLE. SUITE 1001 NAPLES, FL 34119 FEBRUARY 11, 1999 AUTHORIZATION FOR CONSTRUCTION AND OPERATION OF A SURFACE WATER MANAGEMENT SYSTEM TO SEF A 111.9 ACRE RESIDENTIAL DEVELOPMENT WITHIN A 120.9 ACRE SITE. AN ENVIRONMENTAL RESOURCE PERMIT MODIFICATION TO AUTHORIZE THE CONSTRUCTION AND OPERATION OF A SURFACE WATER MANAGEMENT SYSTEM SERVING A 40.53 ACRE RESIDENTIAL DEVELOPMENT AND MODIFICATION OF THE FINAL OUTFALL STRUCTURE FOR THE PREVIOUSLY PERMI'I-rED 140.9 ACRE PARCEL. THE SYSTEM DISCHARGES TO THE 1-75 CANAL (AKA D-2 CANAL) VIA THE ISLAND WALK SURFACE WATER MANAGEMENT SYSTEM AND VANDERBILT ROAD DITCH. COLLIER COUNTY, SECTION 27,34 TWP 48S RGE 26E See Special Condition No,l. See attached Rule 40E-4.321, Florida Administrative Code. This Perirdt ModificaUon is approved pursuant to Application No. 010110-5, dated October 16, 2000. Perrmttee agrees to hold and save the South Florida Water Management Dlstrlct and Its successors harmless from any and all damages, claims or llabillUes which may arise by reason of the construction, operation, maintenance or use of any activities authorized by this Permit. This Permit ls 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 Florlda Water Management District and the Department of Environmental Protection. Issuance of this Perrnit constitutes certification 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(I)(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 (F.A.C.). This Permlt Modification may be transferred 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, remain In effect. This Permit Modification shall be subject to the General Conditions set forth in Rule 40E-4.381, F.A.C., unless waived or modified by th Govemlng Board. The Application, and Environmental Resource Permit Staff Review Summary of the Application, including all condlt 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 Summary. Within 30 days after completion of construction of the permitting activity, the Permlttee 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 ts sold or otherwise conveyed, the Permlttee 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 5 OF 8 (26 SPECIAL CONDITIONS). SEEPAGES 6 8 OF 8 (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 DEPUTY CLERK PERMIT NO: 11-01669-P PAGE 2 OF 8 SPECIAL CONDITIONS 2 o The construction phase of this permit shall expire on December 13, 2006. Operation of the surface water management system shall be the responsibility of Indigo Lakes Master Association, Inc. Discharge facilities: Basin: BASIN 1 1-3' W RECTANGULAR NOTCH with invert at elev. 12.55' NGVD. 831 LF of 2' dia. REINFORCED CONCRETE PIPE culvert. Receiving body : Basin 2 Control elev : 12.5 feet NGVD. /12.5 FEET NGVD DRY SEASON. Basin: BASIN 2 1-3' W X 1' H RECTANGULAR ORIFICE with invert at elev. 12' NGVD. 323 LF of 3.5' dia. REINFORCED CONCRETE PIPE culvert. Receiving body : 1-75 (D-2) Canal via Island Walk SWMS Control elev : 12 feet NGVD. /12 FEET NGVD DRY SEASON. Basin: BASIN 3 373 LF of 3' dia. REINFORCED CONCRETE PIPE culvert. Receiving body : Basin 2 Control elev : 12 feet NGVD. /12 FEET NGVD DRY SEASON. Basin: BASIN 4, Structure: 1 1-.25' dia. CIRCULAR ORIFICE with invert at elev. 12' NGVD. 297 LF of .66' dia. PVC culvert. Receiving body : 1-75 (D-2) Canal via Island Walk SWMS and on-site wetlands Control elev : 12 feet NGVD. /12 FEET NGVD DRY SEASON. Basin: BASIN 4, Structure: 2 1-3.08' W X .46' H RECTANGULAR ORIFICE with invert at elev. 12' NGVD. 370 LF of 2.5' dia. REINFORCED CONCRETE PIPE culvert. Receiving body : 1-75 (D-2) Canal via Island Walk SWMS Control elev : 12 feet NGVD. /12 FEET NGVD DRY SEASON. Basin: BASIN 5 PERMIT NO: 11-01669-P PAGE 3 OF 8 1-.25" dia. CIRCULAR ORIFICE with invert at elev. 12' NGVD. 297 LP of .66' dia. PVC culvert. Receiving body : 1-75 (D-2) Canal via Island Walk SWMS and on-site wetlands Control elev : 12 feet NGVD. /12 FEET NGVD DRY SEASON. 10. 11. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. Measures shall be taken during construction to insure that sedimentation and/or turbidity problems are not created in the receiving water. The District reserves the right that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 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. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. A stable, permanent and accessible elevation reference shall be established on or within one hunded (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments/debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditons. Minimum building floor elevation: BASIN: BASIN 1 - BASIN: BASIN 2 - BASIN: BASIN 3 - BASIN: BASIN 4 - BASIN: BASIN 5 - 15.60 feet NGVD. 15.60 feet NGVD. 15.60 feet NGVD. 15.60 feet NGVD. 15.60 feet NGVD. 12. Minimum road crown elevation: Basin: BASIN 1 - Basin: BASIN 2 - Basin: BASIN 3 - Basin: BASIN 4 - Basin: BASIN 5 - 14.60 feet NGVD. 14.60 feet NGVD. 14.60 feet NGVD. 14.60 feet NGVD. 14.60 feet NGVD. 13. Minimum parking lot elevation: Basin: BASIN 1 - Basin: BASIN 2 - Basin: BASIN 3 - Basin: BASIN 4 - 14.60 feet NGVD. 14.60 feet NGVD. 14.60 feet NGVD. 14.60 feet NGVD. PERMIT NO: 11-01669-P PAGE 4 OF 8 Basin: BASIN 5 - 14.60 feet NGVD. 14. Ail special conditions and exhibits previously stipulated by permit number 11- 01669-P remain in effect unless otherwise revised and shall apply to this modification. 15. 16. 17. 18. 19. 20. 21. The successful completion of the mitigation plan is heavily dependent on proper site grading. Specifically, the proposed wetland creation area will be graded down to the surrounding natural wetland grade. Therefore, prior to demobilizing equipment from the site and prior to planting, the permittee shall schedule an inspection by District Environmental Resource Compliance staff to ensure that appropriate elevations and slopes have been achieved. Prior to the commencement of construction, the permittee shall conduct a pre- construction meeting with field representatives, contractors and District staff. The purpose of the meeting will be to discuss construction methods and sequencing, particularly regarding the type and location of turbidity and erosion controls to be implemented during construction and the mobilization and staging of contractor equipment or to discuss the type and location of turbidity and erosion controls to be implemented during construction with the permittee and contractors. Any necessary wetland/buffer protection methods will be also be discussed. Endangered species, threatened species and/or species of special concern have been observed onsite and/or the project contains suitable habitat for these species. It shall be the permittee's responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and/or the U.S. Fish and Wildlife Service for appropriate guidance, recommendations and/or necessary permits to avoid impacts to listed species. A maintenance program shall be implemented in accordance with Exhibit No. 20 for all preserved wetlands and uplands on a regular basis to ensure the integrity 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 maintenance activity. Coverage of exotic and nuisance plant species shall not exceed 5% of total cover between maintenance activities. In addition, the permittee shall manage the conservation areas such that exotic/nuisance plant species do not dominate any one section of those areas. A mitigation program for Indigo Lakes shall be implemented in accordance with Exhibit No. 16-20 and 23. The permittee shall create 0.09 acres of forested freshwater wetlands, enhance 9.13 acres of pine/cypress and wetland shrub wetlands and preserve 10.15 acres of wetlands/upland compensation areas. Prior to any construction activities, the permittee shall stake and rope the wetlands and associated upland.~ buffer zones, within the proposed phase construction area(s). The staking and roping shall be subject to the approval of the District Environmental Resource Compliance staff. The permittee shall modify the staking and roping if the District staff determines it is insufficient. Staking and roping shall remain in place until all adjacent construction activities are complete. 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. 20B. Any deviation from these time frames will require PERMIT NO: 11-01669-P PAGE 5 OF 8 22. 23. 24. 25. 26. prior approval from the District's Environmental Resource Compliance staff. Such requests must be made in writing and shall include (11 reason for the change, (2) proposed start/finish and/or completion dates; and 13) progress report on the status of the project development or mitigation effort. No later than March 01, 2002 and prior to impacting wetlands shown on Exhibit No. 22, the permittee shall submit verification that 0.94 credits have been debited from the Panther Island Mitigation Bank ledger as mitigation for this impact. A monitoring program shall be implemented in accordance with Exhibit No. 16-20A. The monitoring program shall extend for a period of 5 years with annual reports submitted to District staff. 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 maintained throughout the remainder of the monitoring program, with replanting as necessary. If native wetland, transitional and upland species do not achieve an 80% coverage within the initial two years of the monitoring program, native species shall be planted in accordance with the maintenance program. At 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 and facultative wetland species. No later than March 01, 2002 and prior to commencement of construction resulting in wetland impacts, the permittee, shall submit two certified copies of the recorded conservation easement for the mitigation area and associated buffers and a GIS disk of the recorded easement area formatted to the District's Environmental Resource Compliance Division in the service area office where the application was submitted. The recorded easement shall be in substantial conformance with Exhibits 24A-24E. Any proposed modifications to the approved form must receive prior written consent from the District. The easement must be free of encumbrances or interests in the easement, which the District determines, are contrary to the intent of the easement. In the event it is later determined that there are encumbrances or interests in the easement which the District determines are contrary to the intent of the easement, the permittee shall be required to provide release or subordination of such encumbrances or interests. The permittee shall be responsible for the successful completion of the mitigation work, including the monitoring and maintenance of the mitigation areas for the duration of the plan. The mitigation area shall not be turned over to the operation entity until the mitigation work is accomplished as permitted and District Environmental Resource Compliance staff has concurred. The District reserves the right to require remedial measures to be taken by the permittee if monitoring or other information demonstrates that adverse impacts to onsite or offsite wetlands, upland conservation areas or buffers, or other surface waters have occurred due to project related activities. PERMIT NO: 11-01669-P PAGE 6 OF 8 GENERAL CONDITIONS Ail activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 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. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity 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 to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E-4.091, F.A.C. unless a project-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 erosion or shoaling that causes adverse impacts to the water resources. 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 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 start date and the expected construction completion date. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the supplied Environmental Resource Permit Construction Completion/Certification Form Number 0881. The statement of completion and certification shall be based on onsite observation of construction or review of as-built drawings for the purpose of determining if the work was completed in compliance with permitted plans and sepcifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved drawings is discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must PERMIT NO: 11-01669-P PAGE 7 OF 8 9 o 10. 11. be clearly shown. The plans must be clearly labeled as "As-built" or "Record" drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction 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 10o0 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred 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 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. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction 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 Environmental Resource Permit applications within the South Florida Water Management District, 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 entities. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. Should any other regulatory agency require changes to the permitted 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. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E-40, F.A.C.. 12. The permittee is hereby advised that Section 253.77, F.S. states that a person may PERMIT NO: 11-01669-P PAGE 8 OF 8 not commence any excavation, construction, 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 Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. 13. 14. 15. 16. 17. 18. 19. 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 "No Notice" Rule. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. Any delination of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise. 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 for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 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. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate.