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Gladiola DEP Time Extension granted Letter 07.07.2020 FLORIDA DEPARTMENT OF Environmental Protection Northeast District 8800 Baymeadows Way West, Suite 100 Jacksonville, Florida 32256 Ron DeSantis Governor Jeanette Nuñez Lt. Governor Noah Valenstein Secretary July 7, 2020 Janet Pietroforte Brew 2762 Seagate Avenue Beach 1 Jacksonville Beach, Florida 32250 george.brew@brewlawfirm.com RE: Time Extension of Permit No.: 16-339955-001-EI by Permit No.: 16-339955-003-EM Dear Mrs. Brew: Your request to modify this permit has been received and reviewed by Department staff. The requested modification is to extend the construction phase of your permit to fill approximately 0.04 acres of contiguous forested wetlands and clear 0.01 acres of wetlands at the project location to facilitate the construction of a single-family residential home by a period of 5 years. Prior to any work in wetlands, please provide DEP with a copy of the Allocation Letter from the mitigation bank showing the 0.03 forested mitigation credits have been purchased and transferred from the bank ledger. The request for time extension stated, “… mitigation credits have already been obtained …”. Currently, DEP has only the Reservation Letter in our archives (see attachment). After review by staff, the proposed modifications(s) is not expected to adversely affect water quality and will not be contrary to the public interest, provided the permit is amended as follows: EXPIRATION OF CONSTRUCTION PHASE: From: March 23, 2021 To: March 23, 2026 Since the proposed modification along with the above amended permit condition and monitoring requirements are not expected to result in any adverse environmental impact and water quality degradation, the permit is hereby modified as requested. By copy of this letter and the attached drawings, we are notifying all necessary parties of the modification. This letter does not alter the permit other than as described above. This letter and referenced enclosures must be attached to the original permit. Mrs. Janet Brew DEP File No.: 16-0339955-003-EM Page 2 of 4 July 7, 2020 This modification is hereby granted unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57, Florida Statutes, (F.S.), before the deadline for filing a petition. The procedures for petitioning for a hearing are set forth below. 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 information: (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 determination; (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. Mrs. Janet Brew DEP File No.: 16-0339955-003-EM Page 3 of 4 July 7, 2020 Time Period for Filing 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(1)(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(1) 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. Mrs. Janet Brew DEP File No.: 16-0339955-003-EM Page 4 of 4 July 7, 2020 Thank you for applying to the Submerged Lands and Environmental Resource Permit Program. If you have any questions regarding this matter, please contact Kim Pearce at the letterhead address or (904) 256-1686 or kimberly.pearce@floridadep.gov. Executed in Jacksonville, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Sincerely, Michelle Neeley Permitting Program Administrator MN:kp:cd cc: Tom Kallemeyn, FDEP NED Michelle Neeley, FDEP NED Alisha Simpson, FDEP NED Candi Donaldson, FDEP NED Neil Hornick, PG, FDEP NED Kim Pearce, FDEP NED Enclosures: Request for Extension 003 Transfer 002 Mitigation Bank Reservation Letter Final Permit 001 CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document and all attachments were sent on the filing date below to the above listed persons. FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. ______________ _July 7, 2020_ Clerk Date From:Warren Brew To:DEP_NED; george brew; Janet Brew Subject:Time extension Request. Date:Wednesday, July 1, 2020 2:54:25 PM Attachments:gladiola permit 2 14 19.pdf Residential Fill and Boardwalk Permit Original Permit B-16 339955-001-EI Now transferred to B-16 339955- 002-EM Expires March 23, 2021 To whom it may concern, We would like the maximum time extension regarding the permit listed above. The project entailsfilling .04 acres of wetlands that mitigation credits have already been obtained for, and constructing asmall walkway and platform that combined is less than 500 sq. ft. Due to Covid 19 and other concerns we have not been able to begin construction and would appreciateyour assistance in this matter. I understand that to facilitate this Time Extension Request we are to submit a check for $80.00 madeout to; Florida D.E.P. Indicate that it is for Site # B-16- 339955-001-EI And that it is to be mailed to; Florida D.E.P. 8800 Baymeadows Way # 100 Jacksonville Fl. 32256 If you could assist us with this matter it would be much appreciated.Thanks,Warren G. BrewPres. Kayley Corp.6817 Southpoint Parkway, Suite 1804Jacksonville Fl. 32216Ph.# 904-571-5937State Contractors LicenseCBC 057889 Email warrenbrew@kayleycorp.com FLORIDA DEPARTMENT O F Environmental Protection Northeast District 8800 Baymeadows Way West, Suite 100 Jacksonville, Florida 32256 Ron DeSantis Governor Jeanette Nuñez Lt. Governor Noah Valenstein Secretary June 4, 2019 Janet Pietroforte Brew 2762 Seagate Avenue Beach 1 Jacksonville Beach, Florida 32250 george.brew@brewlawfirm.com RE: Transfer of Permit No.: 16-0339955-001-EI by Transfer No.: 16-0339955-002-EM Dear Mrs. Brew: Enclosed is a copy of the Application for Transfer of Environmental Resource Permit for the referenced project located at 0 Gladiola Street (parcel ID 171031-0110), Atlantic Beach 32233. The transfer of this permit from Ross Fanti/LMH Realty to Janet Pietroforte Brew is hereby approved and effective as of June 4, 2019. When referring to this project, please use the file numbers indicated. This notice of transfer does not alter the original expiration date, Specific or General Conditions, or monitoring requirements of the regulatory, sovereign submerged lands, or SPGP authorizations contained in the permit. This letter, accompanying drawings and/or documents, must be attached to the original permit. 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 information: (a) The name and address of each agency affected and each agency’s file or identification number, if known; Mrs. Janet Pietroforte Brew DEP File No.: 16-0339955-002-EM Page 2 of 4 June 4, 2019 (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 determination; (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. Time Period for Filing 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 Mrs. Janet Pietroforte Brew DEP File No.: 16-0339955-002-EM Page 3 of 4 June 4, 2019 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(1)(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(1) 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. If you have any questions regarding this matter, please contact Kim Pearce at the letterhead address or at 904-256-1686, or kimberly.pearce@FloridaDEP.gov Executed in Jacksonville, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Sincerely, Michelle Neeley Environmental Manager MN/kp/cd cc: Thomas Kallemeyn, FDEP NED Michelle Neeley, FDEP NED Alisha Simpson, FDEP NED Candi Donaldson, FDEP NED Kim Pearce, FDEP NED Mrs. Janet Pietroforte Brew DEP File No.: 16-0339955-002-EM Page 4 of 4 June 4, 2019 Enclosures: Request for Transfer-002 Final Permit-001 Warranty Deeds, 2019 and 2017 CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document and all attachments were sent on the filing date below to the above listed persons: FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged _ June 4, 2019 Florida Department of Environmental Protection Northeast District 8800 Baymeadows Way West, Suite 100 Jacksonville, Florida 32256 Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Jonathan P. Steverson Secretary Permittee/Authorized Entity: Mr. Ross Fanti LMH Realty 7801 Point Meadow Drive Unit 5103 Jacksonville, Florida 32256 rfanti@lmhrealty.com Authorized Agent/Consultant: Ms. Jennifer Brinkworth Onsite Environmental Consulting LLC 2008 Riverside Avenue Jacksonville, Florida 32204 jbrinkworth@onsiteec.com Fanti Residential Fill and Boardwalk Environmental Resource Permit State-owned Submerged Lands Authorization – Not Applicable U.S. Army Corps of Engineers Authorization – Not Approved Permit No.: 16-339955-001 EI Permit Issuance Date: March 23, 2016 Permit Construction Phase Expiration Date: March 23, 2021 Permittee: Mr. Ross Fanti Expiration Date: March 23, 2021 Permit No: 16-339955-001 EI Page 2 of 12 Environmental Resource Permit Permittee: Mr. Ross Fanti Permit No: 16-339955-001 EI PROJECT LOCATION The activities authorized by this permit are located at 0 Gladiola Street parcel ID no. 171031-0110, Atlantic Beach, Florida 32233, Section 18, Township, 2 South, Range 29 East, in Duval County, at Latitude 30°20’4.1178” N /Longitude -81°25’36.1431” W. PROJECT DESCRIPTION The permittee is authorized to fill approximately 0.04 acres of contiguous forested wetlands and clear 0.01 acres of wetlands at the project location to facilitate the construction of a single family residential home. The project will also include the construction of a 4.3 ft tall, 4 ft by 67 ft boardwalk, an irregularly shaped 94 sq ft viewing platform, and a 4 ft tall, 60 linear foot long concrete block bulkhead. The boardwalk and viewing platform are to be constructed within the boundaries of the property and will not extend into Pablo Creek. The project also includes a 16-foot wide driveway made of pervious pavers. Stormwater will be managed on site by two, 6-inch deep, V shape drainage swales that are to be constructed along the west and east property boundaries; and by perforated pipes with gravel bases (wrapped with filter fabric) that are to be installed under the swales and lead to Pablo Creek. The western swale will be 5 feet wide at the top with one 8-inch perforated pipe. The eastern swale will be 10 feet wide at the top with two 4-inch perforated pipes. Roof drains for the single family home will be connected to these pipes. Authorized activities are depicted on the attached exhibits. To offset unavoidable impacts that will occur from these authorized activities, the permittee has purchased 0.03 credits of forested freshwater mitigation credits from Highland Ranch Mitigation Bank. AUTHORIZATIONS Fanti Residential Fill and Boardwalk 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.). Permittee: Mr. Ross Fanti Expiration Date: March 23, 2021 Permit No: 16-339955-001 EI Page 3 of 12 Sovereignty 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 Jacksonville Regulatory Field Office at (904-232-1681), for status and further information. Failure to obtain Corps authorization prior to construction could subject you to federal enforcement action by that agency. 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 Quality 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. Permittee: Mr. Ross Fanti Expiration Date: March 23, 2021 Permit No: 16-339955-001 EI Page 4 of 12 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 CONDITIONS The activities described 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 – CONSTRUCTION ACTIVITIES 1. This permit does not authorize the removal of any vegetation within the jurisdictional area. No dredging, filling, or other construction activity, including the removal of tree stumps and/or vegetative root masses, shall be conducted within the wetlands other than that performed within the specifically authorized work corridor. 2. Outside the specific limits of construction authorized by this permit, any disturbance of or damage to wetlands shall be corrected by restoring pre-construction elevations as to maintain natural hydrology, drainage patterns, and planting vegetation of the same species, size, and density that exist in adjacent undisturbed wetland areas. 3. Upon completion of construction, the permittee shall submit to the Department of Form 62-330.310(3) “Construction Completion and Inspection Certification for Activities Associated with A Private Single-Family Dwelling Unit.” The person completing the form shall inform the Department if there are substantial deviations from the plans approved as part of the permit. Permittee: Mr. Ross Fanti Expiration Date: March 23, 2021 Permit No: 16-339955-001 EI Page 5 of 12 4. The project shall comply with applicable State Water Quality Standards, namely: a. Surface Waters, Minimum Criteria, General Criteria – Rule 62-302.500, F.A.C. b. Class III Waters – Recreation, Propagation and Maintenance of a Healthy, Well- Balanced Population of Fish and Wildlife. – Rule 62-302.400, F.A.C. 5. There shall be no storage or stockpiling of tools, equipment, materials (e.g., lumber, pilings, riprap, and debris) within wetlands, along the shoreline within the littoral zone, or elsewhere within waters of the state unless specifically approved in this permit. Any and all construction debris shall be removed from wetlands/waters of the state within 14 days of completion of the work authorized by this permit. 6. There shall be no discharge of construction debris into the waters of the state as conditioned by this permit enforceable under the Florida Litter Law 403.413, F.S., by all law enforcement officers. 7. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the immediate vicinity of the discovery. The applicant shall contact the Florida Department of State, Division of Historical Resources, Compliance Section at (850)-245-6333. Project activities shall not resume without verbal and/or written authorization. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities otified in accordance with Section 872.05, Florida Statutes SPECIFIC CONDITIONS-BOARDWAK 8. Boardwalk decking within the wetland area shall be elevated a minimum of 3 feet above the natural ground contour. 9. The dock decking design and construction shall ensure maximum light penetration, with full consideration of safety and practicality. SPECIFIC CONDITIONS –BULKHEAD 10. The bulkhead shall be constructed and an interior silt screen shall be in place prior to the placement of any backfill material. SPECIFIC CONDITIONS – OPERATION AND MAINTENANCE ACTIVITIES 11. The following operational maintenance activities shall be performed on all Permittee: Mr. Ross Fanti Expiration Date: March 23, 2021 Permit No: 16-339955-001 EI Page 6 of 12 permitted systems on a regular basis or as needed: a. Inspection of pipes, bubble-up caps for damage and blockage b. Removal of trash, debris and sediments from the swales. c. Mowing and removal of clippings d. Stabilization and restoration of eroded areas e. Maintenance of overland flow areas to prevent channelization 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. 1. 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 permittee 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 permitted 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 of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual (Florida Department of Environmental 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 permit. 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(1), “Construction Commencement Notice,” [October 1, 2013], which is incorporated by reference in paragraph 62- 330.350(1)(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. Permittee: Mr. Ross Fanti Expiration Date: March 23, 2021 Permit No: 16-339955-001 EI Page 7 of 12 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 62-330.310, 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 62-330.310(1)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. 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 I) 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 permit 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 d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. Permittee: Mr. Ross Fanti Expiration Date: March 23, 2021 Permit No: 16-339955-001 EI Page 8 of 12 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 Permittee: Mr. Ross Fanti Expiration Date: March 23, 2021 Permit No: 16-339955-001 EI Page 9 of 12 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. 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, Florida Statutes. Pursuant to rule 28-106.201, Florida Administrative Code, a petition for an administrative hearing must contain the following information: (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 determination; (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; Permittee: Mr. Ross Fanti Expiration Date: March 23, 2021 Permit No: 16-339955-001 EI Page 10 of 12 (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 or at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing 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. Permittee: Mr. Ross Fanti Expiration Date: March 23, 2021 Permit No: 16-339955-001 EI Page 11 of 12 FLAWAC Review The applicant, or any party within the meaning of Section 373.114(1)(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(1) 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. Executed in Duval, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Thank you for applying to the Submerged Lands and Environmental Resource Permit Program. If you have any questions regarding this matter, please contact Mark Marousky at the letterhead address, or (904) 256-1662, or via email at mark.marousky@dep.state.fl.us. Sincerely, Michael Savage Environmental Manager MS/mm/bb Enclosures: Construction Commencement Notice/Form 62-330-350(1) Construction Completion and Inspection Certification for Activities Associated With a Private Single-Family Dwelling Unit/Form 62-330.310(3) Request to Transfer Permit/Form 62-330.340(1) Project Drawings and Design Specs., 12 pages c: U.S. Army Corps of Engineers Jacksonville Office, corpsjaxreg@usace.army.mil Permittee: Mr. Ross Fanti Expiration Date: March 23, 2021 Permit No: 16-339955-001 EI Page 12 of 12 FILING AND ACKNOWLEDGEMENT & CERTIFICATE OF SERVICE Filed on this date pursuant to § 120.52, Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. The undersigned hereby certifies that this Environmental Resource Permit and all copies were sent before the close of business on March 23, 2016 to the listed persons. March 23, 2016 Clerk Date NOTICES SUBMITTED TO THE DEPARTMENT Your permit DEP File No.: 16-339955-001 EI requires you to submit the attached Notices to the Department at the times indicated. Failure to submit these notices will constitute noncompliance with the conditions of your permit and an enforcement action may be brought against you. If you are using a contractor you are responsible for ensuring these notices are submitted to the Department. PLEASE NOTE - References to stormwater management systems in the attached forms refers to the activity or activities authorized in your permit. CONSTRUCTION COMMENCEMENT NOTICE FORM 62-330.350(1) To be submitted 48 hours PRIOR to the commencement of the activity. CONSTRUCTION COMPLETION AND INSPECTION CERTIFICATION FOR PRIVATE RESIDENT – FORM 62-330.310(3) In some cases, such as a single family resident constructing a structure on their own property for their own use, certification by a registered professional is not required. However, written notice to the Department within 30 days of completion of construction of the date the structure was completed is required. If you are a private single family resident property owner please use the As Built Certification - Private Resident form. APPLICATION FOR TRANSFER OF PERMIT -- Form 62-330.340(1) To be submitted within 30 days of any sale, conveyance, or other transfer of ownership or control of the permitted system or real property at which the system is located. SUBMIT ALL NOTICES TO: Department of Environmental Protection Environmental Resources Program 8800 Baymeadows Way West, Suite 100 Jacksonville, Florida 32256 NOTICE YOUR PROJECT DID NOT QUALIFY FOR THE STATE AND FEDERAL COMBINED STATE PROGRAMMATIC GENERAL PERMIT (SPGP) PROGRAM. THE ATTACHED AUTHORIZATION(S) DOES NOT INCLUDE THE REQUIRED FEDERAL AUTHORIZATION FOR YOU TO CONSTRUCT YOUR PROJECT. A COPY OF YOUR APPLICATION HAS BEEN SENT TO THE U.S. ARMY CORPS OF ENGINEERS (USACOE) FOR PROCESSING. THE FEDERAL AUTHORIZATION FOR YOUR PROJECT WILL BE SENT TO YOU SEPARATELY BY THE USACOE. YOU CANNOT CONSTRUCT YOUR PROJECT WITHOUT THE APPROPRIATE FEDERAL AUTHORIZATION. THE USACOE CAN BE CONTACTED AT: JACKSONVILLE OFFICE AT (904) 232-1681 CONSTRUCTION COMMENCEMENT NOTICE Form 62-330.350(1) Construction Commencement Notice Incorporated by reference in subsection 62-330.350(1), F.A.C. (October 1, 2013) Page 1 of 1 Instructions: In accordance with Chapter 62-330.350(1)(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 Agent’s Signature Company Print Name Title Date E-mail Phone Number CONSTRUCTION COMPLETION AND INSPECTION CERTIFICATION FOR ACTIVITIES ASSOCIATED WITH A PRIVATE SINGLE-FAMILY DWELLING UNIT Form 62-330.310(3) –Construction Completion & Inspection Certification – Single Family Dwelling Unit Incorporated by reference in subsection in paragraph 62-330.310(4)(b), F.A.C. (10-1-2013) Page 1 of 2 Instructions: This form is intended to be used solely by or for the permittee of a private single-family dwelling unit, duplex, triplex, or quadruplex that is not part of a larger plan of development proposed by the applicant/permittee. Complete the information on this form, sign at the bottom of Page 2, and submit this form within 30 days of the inspection. Permit No.: Application No.: Name of Permittee: Location of Project: I HEREBY CERTIFY THAT (please choose accurately and check only one box): The undersigned hereby certifies that all components of the structures and activities authorized by the above permit have been conducted and/or built substantially in accordance with the terms and conditions of the permit, that the system is functioning as permitted, and that the system is ready for inspection. Any minor deviations (noted below) from the permit will not prevent the system from functioning and operating as designed, subject to routine custodial maintenance. This certification is based upon on-site inspection of the system conducted by me or my designee under my direct supervision and my review of the permit. If the undersigned is not the permittee, I further certify that I am acting for, and on behalf of the permittee. Upon receipt of this form, and verification by the Permitting Agency that any modifications are noted, the construction phase of this permit shall automatically convert to an operation and maintenance phase. The undersigned hereby certifies that I or my designee under my direct supervision has inspected the system located at the above location and have determined that the system does NOT appear to have been built or conducted substantially in accordance with the permit, or is not functioning in accordance with the requirements of the permit. One of the following applies: The system was constructed or conducted with substantial design changes that are not in conformance with the permit (attach description and permit drawings showing all changes), and either: I, the permittee, am aware that additional work is required to bring the system into compliance with the terms and conditions of the permit; or I, the agent inspecting the system on behalf of and for the permittee, have informed the permittee of the following: (a) That the system does not appear to be functioning properly; and (b) That additional construction or work is required to bring the system into compliance. Form 62-330.310(3) –Construction Completion & Inspection Certification – Single Family Dwelling Unit Incorporated by reference in subsection in paragraph 62-330.310(4)(b), F.A.C. (10-1-2013) Page 2 of 2 The following components of the system do not appear to be functioning properly (attach additional pages if needed): Any components of the system that are not in conformance with the permit must either be brought into compliance with the permit within 30 days of the inspection, or the permittee must request a modification of the permit in accordance with Rule 62-330.315, F.A.C., within 30 days of the inspection. If the modification request is not approved, 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. If modifications are approved and implemented by the permittee, the permittee shall resubmit this form within 30 days of completion of the remedial work on the permitted system. Name of Inspector: who is: the permittee; the agent for the permittee Company Name (if applicable): Mailing Address: City: State: Zip Code: Phone: Fax: Email: Signature of Inspector Date If at any time the Permitting Agency determines that the above work or activity was not built or conducted in conformance with the terms and conditions of the permit, the permittee shall be subject to enforcement by the Permitting Agency, and for all measures required to bring the system into compliance with the permit. The permittee shall remain liable for ensuring that that system remains in full and complete compliance with the terms of the permit for the life of the system, unless such permit is transferred in accordance with Rule 62-330.340, F.A.C. REQUEST TO TRANSFER PERMIT 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 1 of 2 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. Permit No.: Application No(s).: Date Issued: 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 I; 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 I. Name of Proposed Permit Holder: Mailing Address: City: State: Zip Code: Telephone: Fax: E-mail: 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. 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 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: State: Zip Code: Telephone: Fax: E-mail: Enclosures: Copy of recorded transfer of title for surface water management system Copy of plat(s) Copy of recorded restrictive covenants, articles of incorporation, and certificate of incorporation Other 0 Gladiola Street Atlantic Beach, Florida 32233 FDEPSource: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN,IGP, swisstopo, and the GIS User CommunityEsri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors Issued Pending ERPpa PA Cadastral 2014 (Property Appraiser Parcels) - Public View January 14, 2016 0 0.025 0.050.0125 mi 0 0.04 0.080.02 km 1:1,128 Florida Department of Environmental Protection makes no warranty,expressed or implied,or assumes any legal liability or responsibility for the accuracy,completeness,or usefulness of any information,apparatus,product,or process disclosed,or represents that its use would not infringe privately owned rights.Map created by Map Direct, powered by ESRI. Project location Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp.,NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand),MapmyIndia, © OpenStreetMap contributors, and the GIS User Community Project: J15044Date: November 2015Parcel location based on a survey providedby Associated Surveyors, Inc. Fig 1: Location MapFanti - Gladiola StreetRE: 171031-0110 Atlantic Beach, Duval County, Florida §1:100,0001 inch = 8,333 feet 2 0 21Miles Section 18, township 2 South, Range 29 EastLat: 30° 20' 3.408"Lon: 81° 25' 36.228" Project location Copyright:© 2013 National Geographic Society, i-cubed Project: J15044Date: November 2015Parcel location based on a survey providedby Associated Surveyors, Inc. Fig 2: USGS Topographic MapFanti - Gladiola StreetRE: 171031-0110 Atlantic Beach, Duval County, Florida §1:24,0001 inch = 2,000 feet 2,000 0 2,0001,000 Feet Section 18, township 2 South, Range 29 EastLat: 30° 20' 3.408"Lon: 81° 25' 36.228" 68 68 32 14 32 35 58 71 24 7 35 35 14 14 58 32 33 14 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/AirbusDS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, andthe GIS User Community Project: J15044Date: November 2015Parcel location based on a survey providedby Associated Surveyors, Inc. Fig 3: USGS Soil SurveyFanti - Gladiola StreetRE: 171031-0110 Atlantic Beach, Duval County, Florida §1:4,8001 inch = 400 feet 400 0 400200Feet Legend Property boundary (0.31 ac)NRCS soil survey data Other soil types Map unit symbol and name 14, Boulogne fine sand 0-2% slopes Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/AirbusDS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, andthe GIS User Community Project: J15044Date: November 2015Parcel location based on a survey providedby Associated Surveyors, Inc. Habitatsbased on a wetland delineation performedon 10/28/2015 and has not been reviewed. Fig 4: Existing ConditionsFanti - Gladiola StreetRE: 171031-0110 Atlantic Beach, Duval County, Florida §1:6001 inch = 50 feet 50 0 5025Feet Legend Property boundary (0.31 ac) FDEP / USACE regulated wetlands (0.13 ac) Uplands (0.18 ac) Proposed home Proposed septic Proposed pile-supportedwalkway mostly in uplands Proposed pile-supportedobservation deck Approximate location ofmean-high-water Proposed location ofblock retaining wallto reduce wetlandimpact Proposed 10-foot wideclearing impact Proposeddriveway 10-foot sideslope behind house Project: J15044Date: November 2015Parcel location based on a survey providedby Associated Surveyors, Inc. Habitatsbased on a wetland delineation performedon 10/28/2015 and has not been reviewed.Site plan provided by applicant. Fig 5: Proposed ConditionsFanti - Gladiola StreetRE: 171031-0110 Atlantic Beach, Duval County, Florida §1:3601 inch = 30 feet 30 0 3015Feet Legend Property boundary (0.31 ac) FDEP / USACE regulated wetlands to remain (0.08 ac) Proposed clearing impacts (0.01 ac) Proposed fill impact (0.04 ac) Proposed house and features Uplands (0.18 ac) proposed house and features Retaining Wall: 4'H x 60'W x 8" D Florida Department of Environmental Protection Northeast District 8800 Baymeadows Way West, Suite 100 Jacksonville, Florida 32256 Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Jonathan P. Steverson Secretary Permittee/Authorized Entity: Mr. Ross Fanti LMH Realty 7801 Point Meadow Drive Unit 5103 Jacksonville, Florida 32256 rfanti@lmhrealty.com Authorized Agent/Consultant: Ms. Jennifer Brinkworth Onsite Environmental Consulting LLC 2008 Riverside Avenue Jacksonville, Florida 32204 jbrinkworth@onsiteec.com Fanti Residential Fill and Boardwalk Environmental Resource Permit State-owned Submerged Lands Authorization – Not Applicable U.S. Army Corps of Engineers Authorization – Not Approved Permit No.: 16-339955-001 EI Permit Issuance Date: March 23, 2016 Permit Construction Phase Expiration Date: March 23, 2021 Permittee: Mr. Ross Fanti Expiration Date: March 23, 2021 Permit No: 16-339955-001 EI Page 2 of 12 Environmental Resource Permit Permittee: Mr. Ross Fanti Permit No: 16-339955-001 EI PROJECT LOCATION The activities authorized by this permit are located at 0 Gladiola Street parcel ID no. 171031-0110, Atlantic Beach, Florida 32233, Section 18, Township, 2 South, Range 29 East, in Duval County, at Latitude 30°20’4.1178” N /Longitude -81°25’36.1431” W. PROJECT DESCRIPTION The permittee is authorized to fill approximately 0.04 acres of contiguous forested wetlands and clear 0.01 acres of wetlands at the project location to facilitate the construction of a single family residential home. The project will also include the construction of a 4.3 ft tall, 4 ft by 67 ft boardwalk, an irregularly shaped 94 sq ft viewing platform, and a 4 ft tall, 60 linear foot long concrete block bulkhead. The boardwalk and viewing platform are to be constructed within the boundaries of the property and will not extend into Pablo Creek. The project also includes a 16-foot wide driveway made of pervious pavers. Stormwater will be managed on site by two, 6-inch deep, V shape drainage swales that are to be constructed along the west and east property boundaries; and by perforated pipes with gravel bases (wrapped with filter fabric) that are to be installed under the swales and lead to Pablo Creek. The western swale will be 5 feet wide at the top with one 8-inch perforated pipe. The eastern swale will be 10 feet wide at the top with two 4-inch perforated pipes. Roof drains for the single family home will be connected to these pipes. Authorized activities are depicted on the attached exhibits. To offset unavoidable impacts that will occur from these authorized activities, the permittee has purchased 0.03 credits of forested freshwater mitigation credits from Highland Ranch Mitigation Bank. AUTHORIZATIONS Fanti Residential Fill and Boardwalk 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.). Permittee: Mr. Ross Fanti Expiration Date: March 23, 2021 Permit No: 16-339955-001 EI Page 3 of 12 Sovereignty 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 Jacksonville Regulatory Field Office at (904-232-1681), for status and further information. Failure to obtain Corps authorization prior to construction could subject you to federal enforcement action by that agency. 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 Quality 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. Permittee: Mr. Ross Fanti Expiration Date: March 23, 2021 Permit No: 16-339955-001 EI Page 4 of 12 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 CONDITIONS The activities described 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 – CONSTRUCTION ACTIVITIES 1. This permit does not authorize the removal of any vegetation within the jurisdictional area. No dredging, filling, or other construction activity, including the removal of tree stumps and/or vegetative root masses, shall be conducted within the wetlands other than that performed within the specifically authorized work corridor. 2. Outside the specific limits of construction authorized by this permit, any disturbance of or damage to wetlands shall be corrected by restoring pre-construction elevations as to maintain natural hydrology, drainage patterns, and planting vegetation of the same species, size, and density that exist in adjacent undisturbed wetland areas. 3. Upon completion of construction, the permittee shall submit to the Department of Form 62-330.310(3) “Construction Completion and Inspection Certification for Activities Associated with A Private Single-Family Dwelling Unit.” The person completing the form shall inform the Department if there are substantial deviations from the plans approved as part of the permit. Permittee: Mr. Ross Fanti Expiration Date: March 23, 2021 Permit No: 16-339955-001 EI Page 5 of 12 4. The project shall comply with applicable State Water Quality Standards, namely: a. Surface Waters, Minimum Criteria, General Criteria – Rule 62-302.500, F.A.C. b. Class III Waters – Recreation, Propagation and Maintenance of a Healthy, Well- Balanced Population of Fish and Wildlife. – Rule 62-302.400, F.A.C. 5. There shall be no storage or stockpiling of tools, equipment, materials (e.g., lumber, pilings, riprap, and debris) within wetlands, along the shoreline within the littoral zone, or elsewhere within waters of the state unless specifically approved in this permit. Any and all construction debris shall be removed from wetlands/waters of the state within 14 days of completion of the work authorized by this permit. 6. There shall be no discharge of construction debris into the waters of the state as conditioned by this permit enforceable under the Florida Litter Law 403.413, F.S., by all law enforcement officers. 7. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the immediate vicinity of the discovery. The applicant shall contact the Florida Department of State, Division of Historical Resources, Compliance Section at (850)-245-6333. Project activities shall not resume without verbal and/or written authorization. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities otified in accordance with Section 872.05, Florida Statutes SPECIFIC CONDITIONS-BOARDWAK 8. Boardwalk decking within the wetland area shall be elevated a minimum of 3 feet above the natural ground contour. 9. The dock decking design and construction shall ensure maximum light penetration, with full consideration of safety and practicality. SPECIFIC CONDITIONS –BULKHEAD 10. The bulkhead shall be constructed and an interior silt screen shall be in place prior to the placement of any backfill material. SPECIFIC CONDITIONS – OPERATION AND MAINTENANCE ACTIVITIES 11. The following operational maintenance activities shall be performed on all Permittee: Mr. Ross Fanti Expiration Date: March 23, 2021 Permit No: 16-339955-001 EI Page 6 of 12 permitted systems on a regular basis or as needed: a. Inspection of pipes, bubble-up caps for damage and blockage b. Removal of trash, debris and sediments from the swales. c. Mowing and removal of clippings d. Stabilization and restoration of eroded areas e. Maintenance of overland flow areas to prevent channelization 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. 1. 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 permittee 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 permitted 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 of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual (Florida Department of Environmental 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 permit. 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(1), “Construction Commencement Notice,” [October 1, 2013], which is incorporated by reference in paragraph 62- 330.350(1)(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. Permittee: Mr. Ross Fanti Expiration Date: March 23, 2021 Permit No: 16-339955-001 EI Page 7 of 12 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 62-330.310, 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 62-330.310(1)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. 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 I) 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 permit 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 d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. Permittee: Mr. Ross Fanti Expiration Date: March 23, 2021 Permit No: 16-339955-001 EI Page 8 of 12 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 Permittee: Mr. Ross Fanti Expiration Date: March 23, 2021 Permit No: 16-339955-001 EI Page 9 of 12 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. 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, Florida Statutes. Pursuant to rule 28-106.201, Florida Administrative Code, a petition for an administrative hearing must contain the following information: (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 determination; (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; Permittee: Mr. Ross Fanti Expiration Date: March 23, 2021 Permit No: 16-339955-001 EI Page 10 of 12 (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 or at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing 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. Permittee: Mr. Ross Fanti Expiration Date: March 23, 2021 Permit No: 16-339955-001 EI Page 11 of 12 FLAWAC Review The applicant, or any party within the meaning of Section 373.114(1)(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(1) 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. Executed in Duval, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Thank you for applying to the Submerged Lands and Environmental Resource Permit Program. If you have any questions regarding this matter, please contact Mark Marousky at the letterhead address, or (904) 256-1662, or via email at mark.marousky@dep.state.fl.us. Sincerely, Michael Savage Environmental Manager MS/mm/bb Enclosures: Construction Commencement Notice/Form 62-330-350(1) Construction Completion and Inspection Certification for Activities Associated With a Private Single-Family Dwelling Unit/Form 62-330.310(3) Request to Transfer Permit/Form 62-330.340(1) Project Drawings and Design Specs., 12 pages c: U.S. Army Corps of Engineers Jacksonville Office, corpsjaxreg@usace.army.mil Permittee: Mr. Ross Fanti Expiration Date: March 23, 2021 Permit No: 16-339955-001 EI Page 12 of 12 FILING AND ACKNOWLEDGEMENT & CERTIFICATE OF SERVICE Filed on this date pursuant to § 120.52, Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. The undersigned hereby certifies that this Environmental Resource Permit and all copies were sent before the close of business on March 23, 2016 to the listed persons. March 23, 2016 Clerk Date NOTICES SUBMITTED TO THE DEPARTMENT Your permit DEP File No.: 16-339955-001 EI requires you to submit the attached Notices to the Department at the times indicated. Failure to submit these notices will constitute noncompliance with the conditions of your permit and an enforcement action may be brought against you. If you are using a contractor you are responsible for ensuring these notices are submitted to the Department. PLEASE NOTE - References to stormwater management systems in the attached forms refers to the activity or activities authorized in your permit. CONSTRUCTION COMMENCEMENT NOTICE FORM 62-330.350(1) To be submitted 48 hours PRIOR to the commencement of the activity. CONSTRUCTION COMPLETION AND INSPECTION CERTIFICATION FOR PRIVATE RESIDENT – FORM 62-330.310(3) In some cases, such as a single family resident constructing a structure on their own property for their own use, certification by a registered professional is not required. However, written notice to the Department within 30 days of completion of construction of the date the structure was completed is required. If you are a private single family resident property owner please use the As Built Certification - Private Resident form. APPLICATION FOR TRANSFER OF PERMIT -- Form 62-330.340(1) To be submitted within 30 days of any sale, conveyance, or other transfer of ownership or control of the permitted system or real property at which the system is located. SUBMIT ALL NOTICES TO: Department of Environmental Protection Environmental Resources Program 8800 Baymeadows Way West, Suite 100 Jacksonville, Florida 32256 NOTICE YOUR PROJECT DID NOT QUALIFY FOR THE STATE AND FEDERAL COMBINED STATE PROGRAMMATIC GENERAL PERMIT (SPGP) PROGRAM. THE ATTACHED AUTHORIZATION(S) DOES NOT INCLUDE THE REQUIRED FEDERAL AUTHORIZATION FOR YOU TO CONSTRUCT YOUR PROJECT. A COPY OF YOUR APPLICATION HAS BEEN SENT TO THE U.S. ARMY CORPS OF ENGINEERS (USACOE) FOR PROCESSING. THE FEDERAL AUTHORIZATION FOR YOUR PROJECT WILL BE SENT TO YOU SEPARATELY BY THE USACOE. YOU CANNOT CONSTRUCT YOUR PROJECT WITHOUT THE APPROPRIATE FEDERAL AUTHORIZATION. THE USACOE CAN BE CONTACTED AT: JACKSONVILLE OFFICE AT (904) 232-1681 CONSTRUCTION COMMENCEMENT NOTICE Form 62-330.350(1) Construction Commencement Notice Incorporated by reference in subsection 62-330.350(1), F.A.C. (October 1, 2013) Page 1 of 1 Instructions: In accordance with Chapter 62-330.350(1)(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 Agent’s Signature Company Print Name Title Date E-mail Phone Number CONSTRUCTION COMPLETION AND INSPECTION CERTIFICATION FOR ACTIVITIES ASSOCIATED WITH A PRIVATE SINGLE-FAMILY DWELLING UNIT Form 62-330.310(3) –Construction Completion & Inspection Certification – Single Family Dwelling Unit Incorporated by reference in subsection in paragraph 62-330.310(4)(b), F.A.C. (10-1-2013) Page 1 of 2 Instructions: This form is intended to be used solely by or for the permittee of a private single-family dwelling unit, duplex, triplex, or quadruplex that is not part of a larger plan of development proposed by the applicant/permittee. Complete the information on this form, sign at the bottom of Page 2, and submit this form within 30 days of the inspection. Permit No.: Application No.: Name of Permittee: Location of Project: I HEREBY CERTIFY THAT (please choose accurately and check only one box): The undersigned hereby certifies that all components of the structures and activities authorized by the above permit have been conducted and/or built substantially in accordance with the terms and conditions of the permit, that the system is functioning as permitted, and that the system is ready for inspection. Any minor deviations (noted below) from the permit will not prevent the system from functioning and operating as designed, subject to routine custodial maintenance. This certification is based upon on-site inspection of the system conducted by me or my designee under my direct supervision and my review of the permit. If the undersigned is not the permittee, I further certify that I am acting for, and on behalf of the permittee. Upon receipt of this form, and verification by the Permitting Agency that any modifications are noted, the construction phase of this permit shall automatically convert to an operation and maintenance phase. The undersigned hereby certifies that I or my designee under my direct supervision has inspected the system located at the above location and have determined that the system does NOT appear to have been built or conducted substantially in accordance with the permit, or is not functioning in accordance with the requirements of the permit. One of the following applies: The system was constructed or conducted with substantial design changes that are not in conformance with the permit (attach description and permit drawings showing all changes), and either: I, the permittee, am aware that additional work is required to bring the system into compliance with the terms and conditions of the permit; or I, the agent inspecting the system on behalf of and for the permittee, have informed the permittee of the following: (a) That the system does not appear to be functioning properly; and (b) That additional construction or work is required to bring the system into compliance. Form 62-330.310(3) –Construction Completion & Inspection Certification – Single Family Dwelling Unit Incorporated by reference in subsection in paragraph 62-330.310(4)(b), F.A.C. (10-1-2013) Page 2 of 2 The following components of the system do not appear to be functioning properly (attach additional pages if needed): Any components of the system that are not in conformance with the permit must either be brought into compliance with the permit within 30 days of the inspection, or the permittee must request a modification of the permit in accordance with Rule 62-330.315, F.A.C., within 30 days of the inspection. If the modification request is not approved, 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. If modifications are approved and implemented by the permittee, the permittee shall resubmit this form within 30 days of completion of the remedial work on the permitted system. Name of Inspector: who is: the permittee; the agent for the permittee Company Name (if applicable): Mailing Address: City: State: Zip Code: Phone: Fax: Email: Signature of Inspector Date If at any time the Permitting Agency determines that the above work or activity was not built or conducted in conformance with the terms and conditions of the permit, the permittee shall be subject to enforcement by the Permitting Agency, and for all measures required to bring the system into compliance with the permit. The permittee shall remain liable for ensuring that that system remains in full and complete compliance with the terms of the permit for the life of the system, unless such permit is transferred in accordance with Rule 62-330.340, F.A.C. REQUEST TO TRANSFER PERMIT 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 1 of 2 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. Permit No.: Application No(s).: Date Issued: 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 I; 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 I. Name of Proposed Permit Holder: Mailing Address: City: State: Zip Code: Telephone: Fax: E-mail: 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. 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 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: State: Zip Code: Telephone: Fax: E-mail: Enclosures: Copy of recorded transfer of title for surface water management system Copy of plat(s) Copy of recorded restrictive covenants, articles of incorporation, and certificate of incorporation Other 0 Gladiola Street Atlantic Beach, Florida 32233 FDEPSource: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN,IGP, swisstopo, and the GIS User CommunityEsri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors Issued Pending ERPpa PA Cadastral 2014 (Property Appraiser Parcels) - Public View January 14, 2016 0 0.025 0.050.0125 mi 0 0.04 0.080.02 km 1:1,128 Florida Department of Environmental Protection makes no warranty,expressed or implied,or assumes any legal liability or responsibility for the accuracy,completeness,or usefulness of any information,apparatus,product,or process disclosed,or represents that its use would not infringe privately owned rights.Map created by Map Direct, powered by ESRI. Project location Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp.,NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand),MapmyIndia, © OpenStreetMap contributors, and the GIS User Community Project: J15044Date: November 2015Parcel location based on a survey providedby Associated Surveyors, Inc. Fig 1: Location MapFanti - Gladiola StreetRE: 171031-0110 Atlantic Beach, Duval County, Florida §1:100,0001 inch = 8,333 feet 2 0 21Miles Section 18, township 2 South, Range 29 EastLat: 30° 20' 3.408"Lon: 81° 25' 36.228" Project location Copyright:© 2013 National Geographic Society, i-cubed Project: J15044Date: November 2015Parcel location based on a survey providedby Associated Surveyors, Inc. Fig 2: USGS Topographic MapFanti - Gladiola StreetRE: 171031-0110 Atlantic Beach, Duval County, Florida §1:24,0001 inch = 2,000 feet 2,000 0 2,0001,000 Feet Section 18, township 2 South, Range 29 EastLat: 30° 20' 3.408"Lon: 81° 25' 36.228" 68 68 32 14 32 35 58 71 24 7 35 35 14 14 58 32 33 14 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/AirbusDS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, andthe GIS User Community Project: J15044Date: November 2015Parcel location based on a survey providedby Associated Surveyors, Inc. Fig 3: USGS Soil SurveyFanti - Gladiola StreetRE: 171031-0110 Atlantic Beach, Duval County, Florida §1:4,8001 inch = 400 feet 400 0 400200Feet Legend Property boundary (0.31 ac)NRCS soil survey data Other soil types Map unit symbol and name 14, Boulogne fine sand 0-2% slopes Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/AirbusDS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, andthe GIS User Community Project: J15044Date: November 2015Parcel location based on a survey providedby Associated Surveyors, Inc. Habitatsbased on a wetland delineation performedon 10/28/2015 and has not been reviewed. Fig 4: Existing ConditionsFanti - Gladiola StreetRE: 171031-0110 Atlantic Beach, Duval County, Florida §1:6001 inch = 50 feet 50 0 5025Feet Legend Property boundary (0.31 ac) FDEP / USACE regulated wetlands (0.13 ac) Uplands (0.18 ac) Proposed home Proposed septic Proposed pile-supportedwalkway mostly in uplands Proposed pile-supportedobservation deck Approximate location ofmean-high-water Proposed location ofblock retaining wallto reduce wetlandimpact Proposed 10-foot wideclearing impact Proposeddriveway 10-foot sideslope behind house Project: J15044Date: November 2015Parcel location based on a survey providedby Associated Surveyors, Inc. Habitatsbased on a wetland delineation performedon 10/28/2015 and has not been reviewed.Site plan provided by applicant. Fig 5: Proposed ConditionsFanti - Gladiola StreetRE: 171031-0110 Atlantic Beach, Duval County, Florida §1:3601 inch = 30 feet 30 0 3015Feet Legend Property boundary (0.31 ac) FDEP / USACE regulated wetlands to remain (0.08 ac) Proposed clearing impacts (0.01 ac) Proposed fill impact (0.04 ac) Proposed house and features Uplands (0.18 ac) proposed house and features Retaining Wall: 4'H x 60'W x 8" D