HomeMy WebLinkAboutEnvironmental Protection (Resource) PermitFLOR
Florida Department of
Environmental Protection
Permit
Permittee/Authorized Entity:
City of Cape Canaveral
601 Thurm Boulevard
Cape Canaveral, Florida 32920
City of Cape Canaveral Water Reclamation Facility
Authorized Agent:
Attention: Jeff Ratliff, Public Works Services Director
(i.ratlif(@ciiyofcapecanaveral.org)
601 Thurm Boulevard
Cape Canaveral, Florida 32920
Environmental Resource Permit — Individual
State-owned Submerged Lands Authorization — Not Applicable
U.S. Army Corps of Engineers Authorization — Pending
Permit No.: ERP05-0319949-002-El
Permit Issuance Date: July 31, 2014
Permit Construction Phase Expiration Date: July 30, 2019
FLORIDADEPARTMENT OF
ENVIRONMENTAL PROTECTION
CENTRAL DISTRICT
3319 MAGUIRE BOULEVARD, SUITE 232
ORLANDO, FLORIDA 32803
Environmental Resource Permit
RICK SCOTT
GOVERNOR
CARLOS LOPEZ-CANTERA
LT. GOVERNOR
HERSCHEL T. VINYARD JR.
SECRETARY
Permittee: City of Cape Canaveral
Attention: Jeff Ratliff, Public Works Services Director
Permit No: ERP05-0322758-002-El
PROJECT LOCATION
The activities authorized by this permit are located on the eastern shore of the Banana River
Lagoon, south of Port Canaveral, at 601 Thurm Boulevard, in Section 15, Township 24 South, and
Range 37 East in Brevard County, at latitude 28' 33'33.09", longitude 80' 37'5.83". The parcel
identification numbers are 24-37-15-00-501, 24-37-15-00-765, and 24-37-15-00-502.
PROJECT DESCRIPTION
The permittee is authorized to construct improvements to an existing water reclamation facility
consisting of a new 2.5 million gallon reclaimed storage tank and the expansion of a sludge press
building. The proposed storage tank will be constructed over a portion of an existing wet detention
system originally authorized under FDEP permit MS05-026195 1, issued February 17, 1995. In
order to provide the required treatment and attenuation of runoff, the system will be separated into
two wet detention systems with independent outfall structures to the Banana River Lagoon.
Authorized activities are depicted on the attached 5 engineering drawings, Exhibit 1.
AUTHORIZATIONS
City of Cape Canaveral Water Reclamation Facility
Environmental Resource Permit
The Department has determined that the activity qualifies for an Environmental Resource Permit.
Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of Chapter
373, Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.).
Sovereig= Submerged Lands Authorization
As staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), the
Department has determined the activity is not on submerged lands owned by the State of Florida.
Therefore, your project is not subject to the requirements of Chapter 253, F.S., or Rule 18-21, F.A.C.
Federal Authorization
Your proposed activity as outlined on your application and attached drawings does not qualify for
Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE
permit or authorization may be required from the Corps. A copy of your permit application has
been forwarded to the Corps for their review. The Corps will issue their authorization directly to
you or contact you if additional information is needed. If you have not heard from the Corps within
30 days from the date your application was received at the local FDEP Office contact the Corps at
the Cocoa Pen-nitting Section (321-504-3771) for status and further information. Failure to obtain
Corps authorization prior to construction could subject you to federal enforcement action by
that agency.
Permittee: City of Cape Canaveral Permit Expiration: July 30, 2019
Permit No: ERP05-0319949-002-El
Page I of 11
Authority for review - an agreement with the USACOE entitled "Coordination Agreement Between
the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of
Environmental Protection, or Duly Authorized Designee, State Programmatic General Permit",
Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act.
Coastal Zone Management
Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal Zone
Management Program, as required by Section 307 of the Coastal Zone Management Act.
Water Qualfty Certification
This permit also constitutes a water quality certification under Section 401 of the Clean Water Act,
33 U.S.C. 1341.
Other Authorizations
You are advised that authorizations or permits for this activity may be required by other federal,
state, regional, or local entities including but not limited to local governments or municipalities.
This permit does not relieve you from the requirements to obtain all other required permits or
authorizations.
The activity described may be conducted only in accordance with the terms, conditions and
attachments contained in this document. Issuance and granting of the permit and authorizations
herein do not infer, nor guarantee, nor imply that future permits, authorizations, or modifications
will be granted by the Department.
PERMIT
The activities described herein must be conducted in accordance with:
• The Specific Conditions
• The General Conditions
• The limits, conditions and locations of work shown in the attached drawings
• The term limits of this authorization
You are advised to read and understand these conditions and drawings prior to beginning the
authorized activities, and to ensure the work is conducted in conformance with all the terms,
conditions, and drawings herein. If you are using a contractor, the contractor also should read and
understand these conditions and drawings prior to beginning any activity. Failure to comply with
these conditions, including any mitigation requirements, shall be grounds for the Department to
revoke the permit and authorization and to take appropriate enforcement action. Operation of the
facility is not authorized except when determined to be in conformance with all applicable rules and
this permit, as described.
SPECIFIC CONDITIONS - PRIOR TO ANY CONSTRUCTION
I Permittee must obtain a permit from the Department prior to beginning construction of
subsequent phases or any other work associated with this project not specifically authorized by
this permit.
SPECIFIC CONDITIONS — CONSTRUCTION ACTIVITIES
2. Turbidity must be controlled to prevent violations of water quality pursuant to Rule 62
302.530(69), Florida Administrative Code (F.A.C.) Turbidity shall not exceed 29
Permittee: City of Cape Canaveral Permit Expiration: July 30, 2019
Permit No: ERP05-0319949-002-El
Page 2 of I I
Nephelometric Turbidity Units above natural background conditions. Turbidity barriers
shall be correctly installed at all locations where the possibility of transferring suspended
solids into the receiving waterbody exists due to the proposed work. It is understood that
"receiving waterbody" shall not be construed to mean the permittee's settling pond, dredge
lake, or other parts of the permittee's closed water system. Turbidity barriers shall remain in
place at all locations until construction is completed, soils are stabilized, and vegetation has
been established.
Upon final completion of the project and upon reasonable assurance that the project is no
longer a potential turbidity source, the permittee will be responsible for the removal of the
barriers.
3. The project shall comply with applicable state water quality standards, including:
a) 62-302.500 - minimum criteria for all surface waters at all places and at all times,
b) 62-302.500 - Surface waters: general criteria, and
C) 62-302.400 - Class III Waters — Recreation - Propagation and maintenance of a
healthy, well-balanced population of fish and wildlife.
4. Outside the specific limits of construction authorized by this permit, any disturbance of or
damage to the adjacent wetlands shall be corrected by restoring pre -construction elevations and
planting vegetation of the same species, size, and density that exist in adjacent undisturbed
wetland areas. The restoration shall be complete and the Department so notified within 30 days
of completion of the structure.
5. Unauthorized impacts to wetlands as a result of the activities authorized in this permit shall
be reported immediately to the Department.
SPECIFIC CONDITIONS — MANATEES
6. All personnel associated with the project shall be instructed about the presence of manatees
and manatee speed zones, and the need to avoid collisions with, and injury to manatees. The
permittee shall advise all construction personnel that there are civil and criminal penalties
for harming, harassing, or killing manatees which are protected under the Marine Mammal
Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.
7. All vessels associated with the construction project shall operate at "Idle Speed/No Wake"
at all times while in the immediate area and while in water where the draft of the vessel
provides less than a four -foot clearance from the bottom. All vessels shall follow routes of
deep water whenever possible.
8. Siltation or turbidity barriers shall be made of material in which manatees cannot become
entangled, shall be properly secured, and shall be regularly monitored to avoid manatee
entanglement or entrapment. Barriers shall not impede manatee movement.
9. All on-site project personnel are responsible for observing water -related activities for the
presence of manatees. All in -water operations, including vessels, shall be shut down if a
manatee comes within 50 feet of the operation. Activities shall not resume until every
manatee has moved beyond the 50 -foot radius of the project operation, or until 30 minutes
Permittee: City of Cape Canaveral Permit Expiration: July 30, 2019
Permit No: ERP05-0319949-002-El
Page 3 of I I
has elapsed wherein a manatee has not reappeared within 50 feet of the operation. Animals
shall not be herded away or harassed into leaving.
10. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline
at 1-888-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and
Wildlife Service in Jacksonville (1 -904-731-3336) for north Florida or Vero Beach (1 -772-
562-3909) for south Florida.
11. Temporary signs concerning manatees shall be posted prior to and during all in -water
project activities. All signs are to be removed by the permittee upon completion of the
project. Awareness signs that have already been approved for this use by the Florida Fish
and Wildlife Conservation Commission (FWC) must be used. One sign measuring at least 3
ft. by 4 ft. which reads Caution: Manatee Area must be posted. A second sign measuring at
least 8 1/2" by I I " explaining the requirements for "Idle Speed/No Wake" and the shutdown
of in -water operations must be posted in a location prominently visible to all personnel
engaged in water -related activities. Please see the Florida Fish and Wildlife Conservation
Commission website for information on how to obtain appropriate signs:
http://www.myfwc.com/docs/WildlifeHabitats/Manatee Educational S ign.12d
12. To reduce the risk of entrapment and drowning of manatees, manatee exclusion devices
(such as grating) shall be installed and maintained over any existing or proposed pipes or
culverts greater than 8 inches, but smaller than 8 feet in diameter that are submerged or
partially submerged and reasonably accessible to manatees. Exclusion devices (such as
horizontal or vertical bars for grates) shall allow openings with no more than 8 inch
distances on center at the accessible end(s) during all phases of the construction process and
as a final design element to restrict manatee access.
SPECIFIC CONDITIONS — INSPECTION REPORTS
13. Inspection reports for retention, underdrain, wet detention, swales, and wetland stormwater
management systems shall be submitted to the Department two years after completion of
construction and every two years thereafter on the enclosed "Operation and Maintenance
Inspection Certification" [Form 62-330.311 (1)].
SPECIFIC CONDITIONS — CONSTRUCTION DETAILS
14. Before any offsite discharge from the stormwater management system occurs, the retention
and detention storage must be excavated to rough grade prior to building construction or
placement of impervious surface within the area served by those systems.
15. Adequate measures must be taken to prevent siltation of these treatment systems and control
structures during construction or siltation must be removed prior to final grading and
stabilization.
16. All material used as fill shall be clean material and shall not be contaminated with
vegetation, garbage, trash, tires, hazardous, toxic waste or other materials that are not
suitable for road construction within waters of the State as so determined by the Department.
SPECIFIC CONDITIONS — EROSION CONTROL MEASURES
17. The following measures shall be taken to minimize erosion:
Permittee: City of Cape Canaveral Permit Expiration: July 30, 2019
Permit No: ERP05-0319949-002-El
Page 4 of I I
a) Swales and dry ponds: sodding of all side slopes; seeding and mulching of flat -lying
bottom areas;
b) Berms and other disturbed flat -lying areas: seed and mulch.
Stabilization measures shall be initiated for erosion and sediment control on disturbed areas
as soon as practicable in portions of the site where construction activities have temporarily
or permanently ceased, but in no case more than seven (7) days after the construction
activity in that portion of the site has temporarily or permanently ceased.
18. All wetland areas or water bodies, which are outside of the specific limits of construction
authorized by this permit, must be protected from erosion, siltation, scouring or excess
turbidity and dewatering.
19. All turbidity control devices shall be removed from the project area once the disturbed areas
have been stabilized or revegetated so that erosion will not occur. The turbidity control
devices shall be removed no later than one year from completion of the project. All turbidity
control devices shall be disposed of in an upland disposal area.
20. Copies of all turbidity monitoring reports shall be provided to the Department on a monthly
basis. Reports shall be submitted to the letterhead address.
SPECIFIC CONDITIONS — OPERATION AND MAINTENANCE ACTIVITIES
21. The following maintenance activities shall be performed as needed on:
a) All permitted systems:
1) Removal of trash and debris;
2) Inspection of inlets and outlets;
3) Removal of sediments when the storage volume or conveyance capacity of the
stormwater management system is below design levels; and
4) Stabilization and restoration of eroded areas.
b) Retention, swale, and underdrain systems:
1) Mowing and removal of grass clippings;
2) Aeration, tilling, or replacement of topsoil; and;
3) Re-establishment of vegetation on disturbed surfaces.
C) Wet detention systems:
1) Replanting of natural vegetation within the littoral zone; and
2) Control of nuisance and exotic vegetation.
22. If the system is not functioning as designed and permitted, operational maintenance must be
performed immediately to restore the system. Within 30 days of any failure of a stormwater
management system or deviation from the permit, a report shall be submitted electronically
or in writing to the Department using the enclosed "Operation and Maintenance Inspection
Certification" [Form 62-3 3 0.3 11 (1 )] describing the remedial actions taken to resolve the
failure or deviation. If operational maintenance measures are insufficient to enable the
Permittee: City of Cape Canaveral Permit Expiration: July 30, 2019
Permit No: ERP05-0319949-002-El
Page 5 of I I
system to meet the design and performance standards of this chapter, the permittee must
either replace the system or construct an alternative design. A permit modification must be
obtained from the Department prior to constructing such an alternate design pursuant to Rule
62-330.315, F.A.C.
SPECIFIC CONDITIONS — CONSTRUCTION DEWATERING
23. If dewatering is to occur during any phase of construction or thereafter and discharge is to
on-site or off-site surface waters of the State, either directly or via a stormwater management
system, a generic permit in accordance with Rule 62-621.300, F.A.C., will be required prior
to any dewatering.
24. If dewatering is to occur during any phase of construction or thereafter and the surface water
pump(s), wells or facilities are capable of withdrawing I million gallons of water per day
(MGD) or more, a consumptive use permit in accordance with Rule 40C-2.04 1, F.A.C., may be
required from the St. Johns River Water Management District (SJRWMD) prior to beginning
any dewatering..
25. A plan for routing of discharge water must be submitted to the DEP Central District Office
for approval prior to commencement of dewatering.
GENERAL CONDITIONS FOR INDIVIDUAL PERMITS
The following general conditions are binding on all individual permits issued under Chapter 62-330,
F.A.C., except where the conditions are not applicable to the authorized activity, or where the
conditions must be modified to accommodate project -specific conditions.
I All activities shall be implemented following the plans, specifications and performance
criteria approved by this permit. Any deviations must be authorized in a permit
modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so
authorized may subject the pennittee to enforcement action and revocation of the permit
under Chapter 373, F.S.
2. A complete copy of this permit shall be kept at the work site of the pen-nitted activity during
the construction phase, and shall be available for review at the work site upon request by the
Agency staff. The permittee shall require the contractor to review the complete permit prior
to beginning construction.
3. Activities shall be conducted in a manner that does not cause or contribute to violations of
state water quality standards. Performance-based erosion and sediment control best
management practices shall be installed immediately prior to, and be maintained during and
after construction as needed, to prevent adverse impacts to the water resources and adjacent
lands. Such practices shall be in accordance with the State ofFlorida Erosion and Sediment
Control Designer and Reviewer Manual (Florida Department ofEnvironmental Protection
and Florida Department of Transportation June 200 7), and the Florida Stormwater Erosion
and Sedimentation Control Inspector's Manual (Florida Department ofEnvironmental
Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which
are both incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a
project -specific erosion and sediment control plan is approved or other water quality control
measures are required as part of the pen -nit.
Permittee: City of Cape Canaveral Permit Expiration: July 30, 2019
Permit No: ERP05-0319949-002-El
Page 6 of I I
4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to
the Agency a fully executed Form 62-330.350(l), "Construction Commencement Notice,"
[October 1, 20131, which is incorporated by reference in paragraph 62-330.350(l)(d),
F.A.C., indicating the expected start and completion dates. A copy of this form may be
obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. If available, an
Agency website that fulfills this notification requirement may be used in lieu of the form.
5. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an
operating entity under Rule 62-3 30.310, F.A.C., the permittee is liable to comply with the
plans, terms and conditions of the permit for the life of the project or activity.
6. Within 30 days after completing construction of the entire project, or any independent
portion of the project, the permittee shall provide the following to the Agency, as applicable:
a) For an individual, private single-family residential dwelling unit, duplex, triplex, or
quadruplex — "Construction Completion and Inspection Certification for Activities
Associated With a Private Single -Family Dwelling Unit" [Form 62-330.310(3)]; or
b) For all other activities — "As -Built Certification and Request for Conversion to
Operational Phase" [Form 62-330.3 1 0(l)].
C) If available, an Agency website that ftilfills this certification requirement may be
used in lieu of the fann.
7. If the final operation and maintenance entity is a third party:
a) Prior to sales of any lot or unit served by the activity and within one year of permit
issuance, or within 30 days of as- built certification, whichever comes first, the
permittee shall submit, as applicable, a copy of the operation and maintenance
documents (see sections 12.3 thru 12.3.3 of Volume 1) as filed with the Department
of State, Division of Corporations and a copy of any easement, plat, or deed
restriction needed to operate or maintain the project, as recorded with the Clerk of
the Court in the County in which the activity is located.
b) Within 30 days of submittal of the as- built certification, the permittee shall submit
"Request for Transfer of Environmental Resource Permit to the Perpetual Operation
Entity" [Form 62-330.310(2)] to transfer the pen -nit to the operation and maintenance
entity, along with the documentation requested in the form. If available, an Agency
website that fulfills this transfer requirement may be used in lieu of the form.
8. The permittee shall notify the Agency in writing of changes required by any other regulatory
agency that require changes to the permitted activity, and any required modification of this
permit must be obtained prior to implementing the changes.
9. This permit does not:
a) Convey to the permittee any property rights or privileges, or any other rights or
privileges other than those specified herein or in Chapter 62-330, F.A.C.;
b) Convey to the permittee or create in the permittee any interest in real property;
C) Relieve the permittee from the need to obtain and comply with any other required
federal, state, and local authorization, law, rule, or ordinance; or
Permittee: City of Cape Canaveral Permit Expiration: July 30, 2019
Permit No: ERP05-0319949-002-El
Page 7 of I I
d) Authorize any entrance upon or work on property that is not owned, held in
easement, or controlled by the permittee.
10. Prior to conducting any activities on state-owned submerged lands or other lands of the
state, title to which is vested in the Board of Trustees of the Internal Improvement Trust
Fund, the permittee must receive all necessary approvals and authorizations under Chapters
253 and 258, F.S. Written authorization that requires formal execution by the Board of
Trustees of the Internal Improvement Trust Fund shall not be considered received until it has
been fully executed.
11. The permittee shall hold and save the Agency harmless from any and all damages, claims, or
liabilities that may arise by reason of the construction, alteration, operation, maintenance,
removal, abandonment or use of any project authorized by the permit.
12. The permittee shall notify the Agency in writing:
a) Immediately if any previously submitted information is discovered to be inaccurate;
and
b) Within 30 days of any conveyance or division of ownership or control of the
property or the system, other than conveyance via a long-term lease, and the new
owner shall request transfer of the permit in accordance with Rule 62-330.340,
F.A.C. This does not apply to the sale of lots or units in residential or commercial
subdivisions or condominiums where the stormwater management system has been
completed and converted to the operation phase.
13. Upon reasonable notice to the permittee, Agency staff with proper identification shall have
permission to enter, inspect, sample and test the project or activities to ensure conformity
with the plans and specifications authorized in the permit.
14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal
implements, dugout canoes, or any other physical remains that could be associated with
Native American cultures, or early colonial or American settlement are encountered at any
time within the project site area, work involving subsurface disturbance in the immediate
vicinity of such discoveries shall cease. The permittee or other designee shall contact the
Florida Department of State, Division of Historical Resources, Compliance and Review
Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency
office. Such subsurface work shall not resume without verbal or written authorization from
the Division of Historical Resources. If unmarked human remains are encountered, all work
shall stop immediately and notification shall be provided in accordance with Section 872.05,
F.S.
15. Any delineation of the extent of a wetland or other surface water submitted as part of the
permit application, including plans or other supporting documentation, shall not be
considered binding unless a specific condition of this permit or a formal determination under
Rule 62-330.201, F.A.C., provides otherwise.
16. The permittee shall provide routine maintenance of all components of the stormwater
management system to remove trapped sediments and debris. Removed materials shall be
disposed of in a landfill or other uplands in a manner that does not require a permit under
Chapter 62-330, F.A.C., or cause violations of state water quality standards.
Pennittee: City of Cape Canaveral Permit Expiration: July 30, 2019
Permit No: ERP05-0319949-002-El
Page 8 of I I
17. This permit is issued based on the applicant's submitted information that reasonably
demonstrates that adverse water resource -related impacts will not be caused by the
completed permit activity. If any adverse impacts result, the Agency will require the
permittee to eliminate the cause, obtain any necessary permit modification, and take any
necessary corrective actions to resolve the adverse impacts.
18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public
records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an
encumbrance upon the property.
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a petition
for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the
deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be
final and effective until further order of the Department. Because the administrative hearing
process is designed to formulate final agency action, the hearing process may result in a
modification of the agency action or even denial of the application.
Petition for Administrative Hearing
A person whose substantial interests are affected by the Department's action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-
106.201, F.A.C., a petition for an administrative hearing must contain the following infonnation:
(a) The name and address of each agency affected and each agency's file or
identification number, if known;
(b) The name, address, any email address, any facsimile number, and telephone number
of the petitioner; the name, address, and telephone number of the petitioner's representative,
if any, which shall be the address for service purposes during the course of the proceeding;
and an explanation of how the petitioner's substantial interests are or will be affected by the
agency detennination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition
must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the
petitioner contends warrant reversal or modification of the agency's proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require
reversal or modification of the agency's proposed action, including an explanation of how
the alleged facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the
petitioner wishes the agency to take with respect to the agency's proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.
Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the
time of filing.
Permittee: City of Cape Canaveral Perinit Expiration: July 30, 2019
Pennit No: ERP05-0319949-002-El
Page 9 of I I
Time Period for Filiniz a Petition
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any
persons other than the applicant, and other than those entitled to written notice under Section
120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of
receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any
person who has asked the Department for notice of agency action may file a petition within 21 days
of receipt of such notice, regardless of the date of publication. The failure to file a petition within
the appropriate time period shall constitute a waiver of that person's right to request an
administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in
this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding
initiated by another party) will be only at the discretion of the presiding officer upon the filing of a
motion in compliance with Rule 28-106.205, F.A.C.
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the
Department's action may also request an extension of time to file a petition for an administrative
hearing. The Department may, for good cause shown, grant the request for an extension of time.
Requests for extension of time must be filed with the Office of General Counsel of the Department
at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the
applicable deadline for filing a petition for an administrative hearing. A timely request for
extension of time shall toll the running of the time period for filing a petition until the request is
acted upon.
Mediation
Mediation is not available in this proceeding.
FLAWAC Review
The applicant, or any party within the meaning of Section 373.114(l)(a) or 373.4275, F.S., may also
seek appellate review of this order before the Land and Water Adjudicatory Commission under
Section 373.114(l) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory
Commission must be filed with the Secretary of the Commission and served on the Department
within 20 days from the date when this order is filed with the Clerk of the Department.
Judicial Review
Once this decision becomes final, any party to this action has the right to seek judicial review
pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190,
Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General
Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing
a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate
District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this
action is filed with the Clerk of the Department.
Permittee: City of Cape Canaveral Permit Expiration: July 30, 2019
Permit No: ERP05-0319949-002-EI
Page 10 of I I
Executed in Orange County, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Christianne C. FerrarA, P.E.
Administrator
Water Permitting Program
CCF/dl/db
Affachments:
Exhibit 1: Engineering Drawings, 5 pages
Exhibit 2: Construction Commencement Notice/Form 62-330.350(l)
As -built Certification and Request for Conversion to Operational Phase/ Form 62-
330.310(l)
Operation and Maintenance Inspection Certification/Form 62-330.311 (1)
Request to Transfer Permit/Form 62-330.340(l)
Copies furnished to:
David A. King, P.E., Quentin L. Hampton Associates, Inc. (Dkinsz(&,QLHA.com
John Juilianna, SJRWMD (fluiliannaksirwind.com)
Nick Ackridge, Brevard County, (nick.ackridge(d)brevardcounty.us
Angela Holden, FFWCC (angeIa.holdenkmXfwc.com)
FFWCC Imperiled Species (ConservationP]anningServices�2myfwc.com
CERTIFICATE OF SERVICE
The undersigned hereby certifies that this permit, including all copies, was emailed before the close
of business on July 31, 2014, to the above listed persons.
FILING AND ACKNOWLEDGMENT
FILED, on this date, under 120.52(7) of the
Florida Statutes, with the designated Department Clerk,
receipt of which is hereby acknowledged.
4, * _'Lk July 31, 2014
Clerk Date
Permittee: City of Cape Canaveral Permit Expiration: July 30, 2019
Permit No: ERP05-0319949-002-El
Page 11 of 11
ZI'Wd STW� 1,70EIM VNODISDO T:)IHS'6-MkYw 31rS SDj:) Eo=u6j%aoe:"ue.L a6exxE ppwmr�S E)W S*Z Woj\�.S
- V, IA x
jav i
5-P PgR ------
I
IN
PU twi
b8
ns g0w�am
iT
--- -------
cot'l
FIRM
Lj�
5t
iT
--- -------
g w
lq
LU
cn >
Un w
z
V) z
8 5
IL
11
uj
ul
1z
0
r-) 0
V4
U
Is
cot'l
Lj�
5t
g w
lq
LU
cn >
Un w
z
V) z
8 5
IL
11
uj
ul
1z
0
r-) 0
V4
U
Is
W)
0
lu
C?
00
Lo
r -
U
A
0
If
p
11
if
Lq
C4
22
:lu
14 d'
K,
J, gil; i � \ I I . I
al
j 9.0
is
jh!V -dill
at
id
R
uj , � ., T'g,
-'l m
M tit s
E.-
�E
z
Yr
V)
z z
(n
W Z
�ze
z LU
o
:0 u
Lq
C4
22
:lu
14 d'
K,
J, gil; i � \ I I . I
al
j 9.0
is
jh!V -dill
at
id
R
uj , � ., T'g,
-'l m
M tit s
E.-
�E
0
m
Q -
FU
U�
0
IL
w
w
r�
m
E
0
0
ZI'WY 90:IS:6 �TOZMC 'S1JViM-9:) 1HS'6-P'S-11V1W 11AID L. -P9:) EOO:):)\u6�C\P2D\Mu2i -U.*IS P-Iel�b DW S -Z MO=\:S
g
lei
��v A
!6 c
�90
H9 5�
0
w
1 ; -. ; �.,
z
0
w
ui
m
, g
Z
Z
n
0
4i
all
lip
INS
lit -
i
I t
1 j,
i
Ili -If
ti,
tj
I T
g
lei
��v A
!6 c
�90
H9 5�
0
w
1 ; -. ; �.,
z
0
w
ui
m
, g
Z
Z
n
0
ZI'WV9Z:TS!6 1,TOV9!1['M1W-Z3 J.14SUO-SINIM 1140j�,-o COM:)\U55aa�PeD\muej a(*�E pawieNN E)w SZ roo)\D3\:S
A
L)
--------------------
ui
cl�
U)
it =j
W
C�
------------
z
uj
7 ZO LU
r LU
A 0
E E U)
J,
.9
it
CD 0 j
Z' 0
ob
E Z::
w <
<1
z
0
ae
Ij
Z -
L
.40
z
Ir'r
@
LL —T
0
E
L)
v2
9 N
tWl
to
16
7r\ 74�
4z,�
ul)
18
(L
E -i
CN
00
Lr)
CN
cf)
9
Lo
w
LLJ
PRECAST
AREA OF
OPENING
675 SQ. 11
rlll�
LIMA= -
24/24 POL'
MESH REMO
SCREEN
NOTES:
1. KEEP SHOTCRETE REBOUND CLEANED OFF OF OVERFLOW,
2. LEAVE PLYWOOD COVER IN PLACE UNTIL ALL
SHOTCRETING IS COMPLETE.
SCALE: 1/2-t = V-0"
QUENTIN L. HAMPTON CITY OF SHEET NO:
A88OCIATES, INC. CAPE CANAVERAL TANK FIG. D
CONSULTING ENGINEEQ& 2.5 MILLION GALLON PARAPET
FLOMDA CERT119CATE OF AUT�MZAMN NUMBER: 626 RECLAIMED WATER
P 0. DRAWER 290247 DATE:
PORT OR' DETAIL
ANGE. FLOMDA 32129-0247 STORAGETANK
L. PH: 386 761-6810 FAX: 386 761-3977 1 1 11-13
CONSTRUCTION COMMENCEMENT NOTICE
Instructions: In accordance with Chapter 62-330.350(l)(d), F.A.C., complete and submit this form at least 48
hours prior to commencement of activity authorized by permit.
Permit No. Application No.
Project
Name Phase
Construction of the system authorized by the above referenced Environmental Resource
Permit and Application, is expected to commence on 20
and will have an estimated completion date of 20
PLEASE NOTE: If the actual construction commencement date is not known within 30 days of issuance of
the permit, District staff should be so notified in writing. As soon as a construction commencement date is
known, the permittee shall submit a completed construction commencement notice form.
Permittee's or Authorized Aqent's Siqnature CompanV
Print Name
Title Date
E-mail Phone Number
Form 62-330.350(l) Construction Commencement Notice
Incorporated by reference in subsection 62-330.350(l), F.A.C. (10-1-2013) Page 1 of 1
AS -BUILT CERTIFICATION AND REQUEST FOR
CONVERSION TO OPERATION PHASE
Instructions: Complete and submit this page within 30 days of completion of the permitted activities, as required by
the permit conditions. Any components of the permitted activities that are not in substantial conformance with
the permit must be corrected or a modification of the permit will be required in accordance with Rule 62-
330.315, Florida Administrative Code (F.A.C.). The operation phase of the permit is effective when the
construction certification for the entire permit/application is approved by the Agency. If the final operation and
maintenance entity is not the permittee, the permittee shall operate the system, works or other activities temporarily
until such time as the transfer to the operation entity is finalized (use Form 62-330.310(2)).
Permit No.:
Application No(s).
Permittee:
Project Name:
Phase (if applicable):
HEREBY CERTIFY THAT (please choose accurately and check only one box):
El I hereby notify the Agency of the completion of construction of all the components of the system,
works or other activities for the above referenced project and certify that it has been constructed in
substantial conformance with the plans specifications and conditions permitted by the Agency. Any
minor deviations will not prevent the system from functioning in compliance with the requirements of
Chapter 62-330, F.A.C. Attached is documentary evidence of satisfaction of any outstanding permit
conditions, other than long term monitoring and inspection requirements.
At the time of final inspection, the works or activities were NOT completed in substantial
conformance with the plans and specifications permitted by the Agency. (The registered
professional shall describe the substantial deviation(s) in writing, and provide confirming depiction
on the as -built drawings and information.)
If there were substantial deviations, plans must be submitted clearly labeled as "as -built" or "record"
drawings reflecting the substantial deviations. If there are no substantial deviations, do not submit "as
built" drawings.
For activities that require certification by a registered professional:
By:
Signature Print Name Fla. Lie. or Reg. No
AFFIX SEAL! Company Name
Company Address Date
For activities that do not require certification by a registered professional:
By:
Signature Print Name
Company Name
Company Address Date
Ism%
ROMY
Form 62-330.31 0(l) — As -Built Certification & Request for Conversion to Operation Phase
Incorporated by reference in paragraph 62-330.310(4)(a), F.A.C. (10-1-2013) Page 1 of 2
DRAWINGS AND INFORMATION CHECKLIST
Following is a list of information that is to be verified and/or submitted by the Registered
Professional or Permittee:
1. All surveyed dimensions and elevations shall be certified by a registered Surveyor or Mapper under
Chapter 472, F.S.
2. The registered professional's certification shall be based upon on-site observation of construction
(scheduled and conducted by the registered professional of record or by a project representative
under direct supervision) and review of as -built drawings, with field measurements and verification as
needed, for the purpose of determining if the work was completed in accordance with original
permitted construction plans, specifications and conditions.
3. If submitted, the as -built drawings are to be based on the permitted construction drawings revised to
reflect any substantial deviations made during construction. Both the original design and constructed
condition must be clearly shown. The plans need to be clearly labeled as "as -built" or "record"
drawings that clearly highlight (such as through "red lines" or "clouds") any substantial deviations
made during construction. As required by law, all surveyed dimensions and elevations required shall
be verified and signed, dated and sealed by an appropriate registered professional. The following
information, at a minimum, shall be verified on the as -built drawings, and supplemental documents if
needed:
a. Discharge structures - Locations, dimensions and elevations of all, including weirs, orifices,
gates, pumps, pipes, and oil and grease skimmers;
b. Detention/Retention Area(s) — Identification number, size in acres, side slopes (h -.v), dimensions,
elevations, contours or cross-sections of all, sufficient to determine stage -storage relationships of
the storage area and the permanent pool depth and volume below the control elevation for
normally wet systems,
c. Side bank and underdrain filters, or exfiltration trenches - locations, dimensions and elevations of
all, including clean -outs, pipes, connections to control structures and points of discharge to
receiving waters;
d. System grading - dimensions, elevations, contours, final grades or cross-sections to determine
contributing drainage areas, flow directions and conveyance of runoff to the system discharge
point(s);
e. Conveyance - dimensions, elevations, contours, final grades or cross-sections of systems utilized
to divert off-site runoff around or through the new system-,
f. Benchmark(s) - location and description (minimum of one per major water control structure);
g. Datum- All elevations should be referenced to a vertical datum clearly identified on the plans,
preferably the same datum used in the permit plans.
4. Wetland mitigation or restoration areas - Show the plan view of all areas, depicting a spatial
distribution of plantings conducted by zone (if plantings are required by permit), with a list showing all
species planted in each zone, numbers of each species, sizes, date(s) planted and identification of
source of material; also provide the dimensions, elevations, contours and representative cross-
sections depicting the construction.
5. Any additional information or outstanding submittals required by permit conditions or to document
permit compliance, other than long-term monitoring or inspection requirements.
Form 62-330.310(1) — As -Built Certification & Request for Conversion to Operation Phase
Incorporated by reference in paragraph 62-330.310(4)(a), F.A.C. (10-1-2013) Page 2 of 2
OPERATION AND MAINTENANCE INSPECTION
CERTIFICATION
Instructions: Submit this form to the Agency within 30 days of completion of the inspection after any
failure of a stormwater management system or deviation from the permit. This form may also be used to
document inspections required under Section 12.4 of Applicant's Handbook Volume 1, however submittal
to the Agency is not required unless requested by the Agency.
Permit No.. -
Application No.: Date Issued:
Identification or Name of Stormwater Management System:
Phase of Stormwater Management System (if applicable):
Inspection Date:
Inspection results: (check all that apply)
The undersigned hereby certifies that the works or activities are functioning in substantial
conformance with the permit. This certification is based upon on-site observation of the system
conducted by me or my designee under my direct supervision and my review of as -built plans.
F-1 The following maintenance was conducted since the last inspection (attach additional pages if
needed):
The undersigned hereby certifies that I or my designee under my direct supervision has inspected
this surface water management system and the system does not appear to be functioning in
substantial conformance with the permit. I am aware that maintenance or alteration is required to
bring the system into substantial compliance with the terms and conditions of the permit. As
appropriate, I have informed the owner of the following:
(a) The system does not appear to be functioning properly;
(b) That maintenance or repair is required to bring the system into compliance-, and
(c) If maintenance or repair measures are not adequate to bring the system into compliance,
the system may have to be replaced or an alternative design constructed subsequent to
approval by the agency below.
The following components of the system do not appear to be functioning properly (attach
additional pages if needed):
Any components of the constructed system that are not in substantial conformance with the
permitted system shall require a written request to modify the permit in accordance with the
provisions of Rule 62-330.315, F.A.C. If such modification request is not approved by the
agency below, the components of the system that are not in conformance with the permit are
subject to enforcement action under Sections 373.119,.129,.136, and .430, F.S.
Form 62-330.311 (1) — Operation and Maintenance Inspection Certification
Incorporated by reference in subsection in 62-330.311(2), F.A.C. (10-1-2013)
Page 1 of 2
Name of Inspector:
Company Name:
Mailing Address:
City: State:
Phone: Fax:
Signature of Inspector
Report Reviewed by Permittee:
Name of Permittee:
Signature of Permittee
Title (if any)
Florida Registration Number:
Email:
Zip Code:
Date
Form 62-330.311 (1) — Operation and Maintenance Inspection Certification
Incorporated by reference in subsection in 62-330.311(2), F.A.C. (10-1-2013) Page 2 of 2
REQUEST TO TRANSFER PERMIT
Instructions: Submit this form to the Agency within 30 days after any transfer of ownership or control of
the real property where the permitted activity is located.
Note, Use of this form is not required when a valid permit is in the operation and maintenance phase. In such
case, the owner must notify the Agency in writing within 30 days of a change in ownership or control of the entire
real property, project, or activity covered by the permit. The notification may be letter, e-mail, or using this form,
sent to the office that issued the permit. A processing fee is not required for this notice. The permit shall
automatically transfer to the new owner or person in control, except in cases of abandonment, revocation, or
modification of a permit as provided in Sections 373.426 and 373.429, F.S. (2012). If a permittee fails to provide
written notice to the Agency within 30 days of the change in ownership or control, or if the change does not include
the entire real property or activity covered by the permit, then the transfer must be requested using this form.
Permit No.: Application Date Issued:
No(s).:
Identification or Name of Surface Water Management System:
Phase of Surface Water Management System (if applicable):
PART 1: PROPOSED PERMIT HOLDER
The undersigned hereby notifies the Agency that I have acquired ownership or control of the land on
which the permitted system is located through the sale or other legal transfer of the land. By signing
below, I hereby certify that I have sufficient real property interest or control in the land in accordance with
subsection 4.2.3 (d) of Applicant's Handbook Volume 1; attached is a copy of my title, easement, or other
demonstration of ownership or control in the land, including any revised plats, as recorded in the Public
Records. I request that the permit be modified to reflect that I agree to be the new permittee. By so
doing, I acknowledge that I have examined the permit terms, conditions, and drawings, and agree to
accept all rights and obligations as permittee, including agreeing to be liable for compliance with all of the
permit terms and conditions, and to be liable for any corrective actions required as a result of any
violations of the permit after approval of this modification by the Permitting Agency. Also attached are
copies of any recorded restrictive covenants, articles of incorporation, and certificate of incorporation that
may have been changed as a result of my assuming ownership or control of the lands. As necessary, I
agree to furnish the Agency with demonstration that I have the ability to provide for the operation and
maintenance of the system for the duration of the permit in accordance with subsection 12.3 of
Applicant's Handbook Volume 1.
Name of Proposed Permit Holder:
Mailing Address:
City..
Telephone:
State:
Fax: E-mail:
Zip Code:
�XWP llk�
Form 62-330.340(l) — Request Transfer Permit
Incorporated by reference in subsection in 62-330.340(3), F.A.C. (10-1-2013) Page 1 of 2
Signature of Proposed Permittee Date
Title (if any)
PART 2: RESPONSIBLE REGISTERED PROFESSIONAL
Name of Registered Professional who will be responsible for system inspections and reporting as
required by Chapter 62-330, F.A.C. (if applicable):
Mailing Address:
City:
Telephone: Fax:
State:
E-mail:
Zip Code:
Enclosures:
El Copy of recorded transfer of title for surface water management system
El Copy of plat(s)
El Copy of recorded restrictive covenants, articles of incorporation, and certificate of incorporation
F-1 Other
Form 62-330.340(1) — Request Transfer Permit
Incorporated by reference in subsection in 62-330.340(3), F.A.C. (10-1 -2013) Page 2 of 2