Selva Preserve-St Johns River WMD Permit 08.14.2015 ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
Post Office Box 1429
Palatka, Florida 32178-1429
PERMIT NO: 120212-2 DATE ISSUED: August 14, 2015
PROJECT NAME: Selva Preserve
A PERMIT AUTHORIZING:
Construction of a Stormwater Management System with stormwater treatment by wet detention
and retention for Selva Preserve, a 7.21 - acre project to be constructed as per plans received by
the District on August 11, 2015.
LOCATION:
Section(s): 16 Township(s): 2S Range(s): 29E
Duval County
Receiving Water Body:
Name (Class
Sherman Creek 1111 Fresh, 1W
ISSUED TO:
Selva Preserve LLC
248 Levy Rd
Atlantic Bch, FL 32233-2614
The permittee agrees to hold and save the St. Johns River Water Management District and its
successors harmless from any and all damages, claims, or liabilities which may arise from permit
issuance. Said application, including all plans and specifications attached thereto, is by
reference made a part hereof.
This permit does not convey to the permittee any property rights nor any rights or privileges other
than those specified herein, nor relieve the permittee from complying with any law, regulation or
requirement affecting the rights of other bodies or agencies. All structures and works installed by
permittee hereunder shall remain the property of the permittee.
This permit may be revoked, modified or transferred at any time pursuant to the appropriate
provisions of Chapter 373, Florida Statutes.
PERMIT IS CONDITIONED UPON:
See conditions on attached "Exhibit A", dated August 14, 2015
AUTHORIZED BY: St. Johns River Water Management District
Division of Regulatory, Engineering and Environmental Services
By:
David Miracle
Service Center Director �rJ
"EXHIBIT A"
CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 120212-2
Selva Preserve
DATED August 14, 2015
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 District 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 District a fully executed Form 62-330.350(1), "Construction Commencement
Notice,"[10-1-13], incorporated by reference herein
(http://www.flrules.org/Gateway/reference.asp?No=Ref-02505), indicating the expected
start and completion dates. A copy of this form may be obtained from the District, as
described in subsection 62-330.010(5), F.A.C. If available, an District 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 District in writing of changes required by any other regulatory
District 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.
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 District 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 District 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, District staff with proper identification shall have
permission to enter, inspect, sample and test the project or activities to ensure conformity
with the plans and specifications authorized in the permit.
14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal
implements, dugout canoes, or any other physical remains that could be associated with
Native American cultures, or early colonial or American settlement are encountered at any
time within the project site area, work involving subsurface disturbance in the immediate
vicinity of such discoveries shall cease. The permittee or other designee shall contact the
Florida Department of State, Division of Historical Resources, Compliance and Review
Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency
office. Such subsurface work shall not resume without verbal or written authorization from
the Division of Historical Resources. If unmarked human remains are encountered, all work
shall stop immediately and notification shall be provided in accordance with Section
872.05, F.S.
15. Any delineation of the extent of a wetland or other surface water submitted as part of the
permit application, including plans or other supporting documentation, shall not be
considered binding unless a specific condition of this permit or a formal determination
under Rule 62-330.201, F.A.C., provides otherwise.
16. The permittee shall provide routine maintenance of all components of the stormwater
management system to remove trapped sediments and debris. Removed materials shall be
disposed of in a landfill or other uplands in a manner that does not require a permit under
Chapter 62-330, F.A.C., or cause violations of state water quality standards.
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 District 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 Rule 62-330.090(7), F.A.C. Such notice is not an
encumbrance upon the property.
19. Prior to initiating any construction for this project, the District must receive a letter of
verification from the Greens Creek Mitigation Bank stating that a transaction of 1.10-credits
has been completed.
20. In the event that the permittee does not successfully complete the transaction to obtain
1.10-credits from the Greens Creek Mitigation Bank, the permittee must obtain a
modification to this permit prior to beginning construction to provide suitable alternative
mitigation for the proposed wetland impacts.
21. The proposed mitigation plan must be implemented per plans received February 5, 2015.
22. The proposed project must be constructed and operated as per plans and calculations
received by the District on August 11, 2015.
23. Deed Restrictions
This permit requires the recording of Deed Restrictions and drainage easement that covers
the rear yard swale at the back of each lot as depicted in the permit drawings. The
restriction shall provide the following language:
Swale Maintenance
The Developer has constructed a Drainage Swale upon each Lot for the purpose of
managing and containing the flow of excess surface water, if any, found upon such lot
from time to time. Each lot owner, including builders, shall be responsible for the
maintenance, operation and repair of the swales on the lot. Maintenance, operation
and repair shall mean the exercise of practices, such as mowing and erosion repair,
which allow the swales to provide drainage, water storage, conveyance or other
stormwater management capabilities as permitted by the St. Johns River Water
Management District. Filling, excavation, construction of fences or otherwise
obstructing the surface water flow in the swales is prohibited. No alteration of the
Drainage Swale shall be authorized and any damage to any Drainage Swale, whether
caused by natural or human-induced phenomena, shall be repaired and the Drainage
Swale returned to its former condition as soon as possible by the Owner(s) of the
Lot(s) upon which the Drainage swale is located.
Within 30 days of recording, the permittee shall provide the District with: (a) a certified copy
of the recorded deed for each lot (including exhibits) showing the date it was recorded and
the official records book and page number, (b) a copy of the recorded plat (if applicable),
and (c) a surveyor's sketch of the restricted area plotted on the appropriate USGS
topographic map. Before recording, the permittee shall ensure that these documents are
acceptable to the District.
24. The deed restriction and drainage easement language referenced in the above condition
must be recorded prior to initiating construction of any homes or submittal of the as-built
certification, whichever is sooner.
Notice of Rights
1. A person whose substantial interests are or may be affected has the right to request an
administrative hearing by filing a written petition with the St. Johns River Water
Management District(District). Pursuant to Chapter 28-106 and Rule 40C-1.1007,
Florida Administrative Code, the petition must be filed (received) either by delivery at the
office of the District Clerk at District Headquarters, P. 0. Box 1429, Palatka Florida
32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at
Clerk(asjrwmd.com, within twenty-six (26) days of the District depositing the notice of
District decision in the mail (for those persons to whom the District mails actual notice),
within twenty-one (21) days of the District emailing the notice of District decision (for
those persons to whom the District emails actual notice), or within twenty-one (21) days
of newspaper publication of the notice of District decision (for those persons to whom the
District does not mail or email actual notice). A petition must comply with Sections
120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida
Administrative Code. The District will not accept a petition sent by facsimile (fax), as
explained in paragraph no. 4 below.
2. Please be advised that if you wish to dispute this District decision, mediation may be
available and that choosing mediation does not affect your right to an administrative
hearing. If you wish to request mediation, you must do so in a timely-filed petition. If all
parties, including the District, agree to the details of the mediation procedure, in writing,
within 10 days after the time period stated in the announcement for election of an
administrative remedy under Sections 120.569 and 120.57, Florida Statutes, the time
limitations imposed by Sections 120.569 and 120.57, Florida Statutes, shall be tolled to
allow mediation of the disputed District decision. The mediation must be concluded within
60 days of the date of the parties' written agreement, or such other timeframe agreed to
by the parties in writing. Any mediation agreement must include provisions for selecting a
mediator, a statement that each party shall be responsible for paying its pro-rata share of
the costs and fees associated with mediation, and the mediating parties' understanding
regarding the confidentiality of discussions and documents introduced during mediation.
If mediation results in settlement of the administrative dispute, the District will enter a final
order consistent with the settlement agreement. If mediation terminates without
settlement of the dispute, the District will notify all the parties in writing that the
administrative hearing process under Sections 120.569 and 120.57, Florida Statutes, is
resumed. Even if a party chooses not to engage in formal mediation, or if formal
mediation does not result in a settlement agreement, the District will remain willing to
engage in informal settlement discussions.
3. A person whose substantial interests are or may be affected has the right to an informal
administrative hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes,
where no material facts are in dispute. A petition for an informal hearing must also
comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code.
Notice of Rights
4. A petition for an administrative hearing is deemed filed upon receipt of the complete
petition by the District Clerk at the District Headquarters in Palatka, Florida during the
District's regular business hours. The District's regular business hours are 8:00 a.m. —
5:00 p.m., excluding weekends and District holidays. Petitions received by the District
Clerk after the District's regular business hours shall be deemed filed as of 8:00 a.m. on
the District's next regular business day. The District's acceptance of petitions filed by e-
mail is subject to certain conditions set forth in the District's Statement of Agency
Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative
Code), which is available for viewing at floridaswater.com. These conditions include, but
are not limited to, the petition being in the form of a PDF or TIFF file and being capable of
being stored and printed by the District. Further, pursuant to the District's Statement of
Agency Organization and Operation, attempting to file a petition by facsimile is prohibited
and shall not constitute filing.
5. Failure to file a petition for an administrative hearing within the requisite timeframe shall
constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, Florida
Administrative Code).
6. The right to an administrative hearing and the relevant procedures to be followed are
governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code,
and Rule 40C-1.1007, Florida Administrative Code. Because the administrative hearing
process is designed to formulate final agency action, the filing of a petition means the
District's final action may be different from the position taken by it in this notice. A person
whose substantial interests are or may be affected by the District's final action has the
right to become a party to the proceeding, in accordance with the requirements set forth
above.
7. Pursuant to Section 120.68, Florida Statutes, a party to the proceeding before the District
who is adversely affected by final District action may seek review of the action in the
District Court of Appeal by filing a notice of appeal pursuant to Rules 9.110 and 9.190,
Florida Rules of Appellate Procedure, within 30 days of the rendering of the final District
action.
8. A District action is considered rendered, as referred to in paragraph no. 7 above, after it is
signed on behalf of the District and filed by the District Clerk.
9. Failure to observe the relevant timeframes for filing a petition for judicial review as
described in paragraph no. 7 above will result in waiver of that right to review.
NOR.Decision.DOC.001
Revised 12.7.11
Notice of Rights
Certificate of Service
I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent to the
permittee:
Selva Preserve LLC
248 Levy Rd
Atlantic Bch, FL 32233-2614
This 14th day of August, 2015.
Margaret Daniels, Bureau Chief
Bureau of Regulatory Support
St. Johns River Water Management District
4049 Reid Street
Palatka, FL 32177-2529
(386) 329-4570
Permit Number: 120212-2
NOTICING INFORMATION
Dear Permittee:
Please be advised that the St. Johns River Water Management District will not publish a notice
in the newspaper advising the public that it has issued a permit for this project.
Newspaper publication, using the District's notice form, notifies members of the public of their
right to challenge the issuance of the permit. If proper notice is given by newspaper publication,
then there is a 21-day time limit for someone to file a petition for an administrative hearing to
challenge the issuance of the permit.
To close the point of entry for filing a petition, you may publish (at your own expense) a one-
time notice of the District's decision in a newspaper of general circulation within the affected
area as defined in Section 50.011 of the Florida Statutes. If you do not publish a newspaper
notice to close the point of entry, the time to challenge the issuance of your permit will not expire
and someone could file a petition even after your project is constructed.
A copy of the notice form and a partial list of newspapers of general circulation are attached for
your convenience. However, you are not limited to those listed newspapers. If you choose to
close the point of entry and the notice is published, the newspaper will return to you an affidavit
of publication. In that event, it is important that you either submit a scanned copy of the affidavit
by emailing it to corn pliancesupport@sjrwmd.com (preferred method) or send a copy of the
original affidavit to:
Margaret Daniels, Bureau Chief
Bureau of Regulatory Support
4049 Reid Street
Palatka, FL 32177
If you have any questions, please contact the Bureau of Regulatory Support at (386) 329-4570.
Sincerely,
'11t La4-u4.A
Margaret Daniels, Bureau Chief
Bureau of Regulatory Support
NOTICE OF AGENCY ACTION TAKEN BY THE
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
Notice is given that the following permit was issued on •
(Name and address of applicant)
permit# . The project is located in County, Section
, Township South, Range East. The permit authorizes a surface
water management system on acres for
known as
. The receiving water body is
A person whose substantial interests are or may be affected has the right to request an
administrative hearing by filing a written petition with the St. Johns River Water Management
District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code
(F.A.C.), the petition must be filed (received) either by delivery at the office of the District Clerk at
District Headquarters, P.O. Box 1429, Palatka FL 32178-1429 (4049 Reid St, Palatka, FL 32177)
or by e-mail with the District Clerk at Clerk@sjrwmd.com, within twenty-one (21) days of
newspaper publication of the notice of District decision (for those persons to whom the District
does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and
120.569(2)(c), Florida Statutes (F.S.), and Chapter 28-106, F.A.C. The District will not accept a
petition sent by facsimile (fax). Mediation pursuant to Section 120.573, F.S., may be available
and choosing mediation does not affect your right to an administrative hearing.
A petition for an administrative hearing is deemed filed upon receipt of the complete petition by
the District Clerk at the District Headquarters in Palatka, Florida during the District's regular
business hours. The District's regular business hours are 8 a.m. —5 p.m., excluding weekends
and District holidays. Petitions received by the District Clerk after the District's regular business
hours shall be deemed filed as of 8 a.m. on the District's next regular business day. The District's
acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District's
Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida
Administrative Code), which is available for viewing at floridaswater.com. These conditions
include, but are not limited to, the petition being in the form of a PDF or TIFF file and being
capable of being stored and printed by the District. Further, pursuant to the District's Statement of
Agency Organization and Operation, attempting to file a petition by facsimile (fax) is prohibited
and shall not constitute filing.
The right to an administrative hearing and the relevant procedures to be followed are governed
by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C-
1.1007, Florida Administrative Code. Because the administrative hearing process is designed to
formulate final agency action, the filing of a petition means the District's final action may be
different from the position taken by it in this notice. Failure to file a petition for an
administrative hearing within the requisite time frame shall constitute a waiver of the right
to an administrative hearing. (Rule 28-106.111, F.A.C.).
If you wish to do so, please visit http://floridaswater.com/nor_dec/to read the complete Notice of
Rights to determine any legal rights you may have concerning the District's decision(s) on the
permit application(s) described above. You can also request the Notice of Rights by contacting
the Director of Regulatory Support, 4049 Reid St., Palatka, FL 32177-2529, tele. no. (386)329-
4570.
NEWSPAPER ADVERTISING
ALACHUA BAKER
The Alachua County Record, Legal Advertising Baker County Press, Legal Advertising
P. O. Box 806 P. O. Box 598
Gainesville, FL 32602 Maclenny, FL 32063
352-377-2444/fax 352-338-1986 904-259-2400/fax 904-259-6502
BRAFORD BREVARD
Bradford County Telegraph, Legal Advertising Florida Today, Legal Advertising
P. O. Drawer A P. O. Box 419000
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CLAY DUVAL
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FLAGLER INDIAN RIVER
Flagler Tribune, do News Journal Vero Beach Press Journal, Legal Advertising
P. O. Box 2831 P. O. Box 1268
Daytona Beach, FL 32120-2831 Vero Beach, FL 32961-1268
386- 681-2322 772-221-4282/fax 772-978-2340
LAKE MARION
Daily Commercial, Legal Advertising Ocala Star Banner, Legal Advertising
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NASSAU OKEECHOBEE
News-Leader, Legal Advertising Okeechobee News, Legal Advertising
P. O. Box 766 P. O. Box 639
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ORANGE OSCEOLA
Sentinel Communications, Legal Advertising Little Sentinel, Legal Advertising
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PUTNAM ST. JOHNS
Palatka Daily News, Legal Advertising St. Augustine Record, Legal Advertising
P. O. Box 777 P. O. Box 1630
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386-312-5200/fax 386-312-5209 904-819-3436
SEMINOLE VOL USIA
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300 North French Avenue P. O. Box 2831
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407-323-9408 (386) 681-2322
Selva Preserve
Duval County, Florida July 2016
4.0 MITIGATION PLAN
To offset the wetland impacts for the City of Atlantic Beach, the applicant proposes a
combination of on-site wetland creation, wetland enhancement, wetland restoration
and wetland preservation (Figure 3). A conservation easement, granted to SJRWMD,
will be recorded over the on-site mitigation areas in addition to the placement of
signage identifying the conservation areas. This will ensure that hydrology and habitat
will be preserved in perpetuity. All mitigation and the recording of associated
conservation easements will be completed within 90 days of commencement of
construction. Specific mitigation details are provided below:
4.1 On-Site Wetland Creation
The revised mitigation plan proposes the creation of 0.46 acres of forested
wetlands created from uplands (Figure 3). The target topography within the
creation area will match that of the adjacent wetlands, +3.5 - +4.5 feet. The
creation areas will be will be planted with a mix of 3, 7, 15 and 30-gallon legacy
canopy trees such as Black gum (Nyssa sylvatica), Cypress (Taxodium distchum.),
Sweetbay (Magnolia virginiana), and mid-canopy trees such as Dahoun Holly (Ilex
cassine) and Myrtle leaf Holly (Ilex myrtifolia). Trees will be planted at a density of
100 trees per acre, totaling 174 trees. Sizes will be quartered, so there will be 25%
30 gallon trees with 2.5-inch caliper, 25% 15 gallon trees with 1.5-inch caliper,
25% 7 gallon trees with 1-inch caliper and 25% 3 gallon trees with 0.5-inch
caliper. Selection will be based on commercial availability. Our sizing is based
on the University of Florida Size Standards (attached). This enhancement will
expedite succession in the preserved wetlands and produce a more desirable and
established wetland for the future.
2
Selva Preserve
Duval County,Florida July 2016
4.2 On-Site Wetland Enhancement
The revised mitigation plan proposes enhancement of two forested wetland
systems, totaling 2.07 acres (Figure 3). The wetlands consist of early successional
vegetation, which generally have a short lifespan and moderate to poor wind
resistance. As part of mitigation for 1.08 acres of wetland impact (Figure 2), the
applicant is proposing the enhancement of remaining 2.07 acres of forested
wetlands by planting 207 additional native trees. This plan proposes to expedite
forest succession by planting legacy canopy trees and mid-canopy trees
depending on location in the canopy that there is a need.
The planting density was determined by calculating the existing tree per acre
based on the 24 November 2015 tree survey prepared by Associated Surveyors,
Inc. We extrapolated that the forest cover is currently 278 trees per acre, based
on the tree survey Therefore, we need to plant an additional 162 trees per acre to
reach the forest type preferred tree density of 440 trees per acre or on ten foot
centers. We feel our proposal of 174 trees is appropriate.
These enhancement areas will be planted with a mix of 3, 7, 15 and 30-gallon
legacy canopy trees such as Black gum (Nyssa sylvatica), Cypress (Taxodium
distchum.), Sweetbay (Magnolia virginiana), and mid-canopy trees such as Dahoun
Holly (Ilex cassine) and Myrtle leaf Holly (Ilex myrtifolia). Trees will be planted at
a density of 100 trees per acre, totaling 174 trees. Sizes will be quartered, so there
will be 25% 30 gallon trees with 2.5-inch caliper,25% 15 gallon trees with 1.5-inch
caliper, 25% 7 gallon trees with 1-inch caliper and 25% 3 gallon trees with 0.5-
inch caliper. Selection will be based on commercial availability. Our sizing is
based on the University of Florida Size Standards (attached). This enhancement
will expedite succession in the preserved wetlands and produce a more desirable
and established wetland for the future.
4.3 On-Site Wetland Restoration
The proposed mitigation plan includes 0.70 acres of wetland restoration that will
be planted with a mix of 3, 7, 15 and 30-gallon legacy canopy trees such as Black
gum(Nyssa sylvatica), Cypress (Taxodium distchum.), Sweetbay (Magnolia
virginiana), and mid-canopy trees such as Dahoun Holly (Ilex cassine) and Myrtle
leaf Holly (Ilex myrtifolia). Trees will be planted at a density of 100 trees per acre,
3
Selva Preserve
Duval County,Florida July 2016
totaling 174 trees. Sizes will be quartered, so there will be 25% 30 gallon trees
with 2.5-inch caliper, 25% 15 gallon trees with 1.5-inch caliper, 25% 7 gallon trees
with 1-inch caliper and 25% 3 gallon trees with 0.5-inch caliper. Selection will be
based on commercial availability. Our sizing is based on the University of
Florida Size Standards (attached). This enhancement will expedite succession in
the preserved wetlands and produce a more desirable and established wetland
for the future.
4.4 On-Site Wetland Preservation
The proposed mitigation plan includes the preservation of 0.36 acres of wetland
cut ditch and 0.22 acres of canal preservation. These areas will be placed under a
conservation easement granted to the St. Johns River Water Management
District.
4.5 Construction Sequence and Details
The earthwork and planting will be done within 90 days of the commencement
of construction. Siltation and floating turbidity curtains and/or synthetic hay
bales will be erected between the mitigation areas and adjacent wetlands,prior to
grading, in order to minimize/avoid adverse impacts to water quality in the
adjacent wetlands.
The mitigation areas will be monitored and inspected during and immediately
following construction to ensure compliance with the mitigation design and to
determine final ground and surface-water elevations.
The siltation and floating turbidity curtains and/or synthetic hay bales will be
removed after the soil in the mitigation areas has stabilized. A conservation
easement will also be recorded over the mitigation areas in addition to the
placement of signage identifying the conservation areas.
4.6 Monitoring
The proposed mitigation areas will be monitored annually (September/October)
for five years. A quantitative report will be prepared to record the incidence of
nuisance/exotic species and capture any planting mortality. This report will
include all data collected during the monitoring iteration plus photographs,
descriptions of problems encountered and solutions undertaken. Reports will
specifically address the incidence of nuisance/exotic species, including the
methods, by which they will be controlled or removed, and the frequency and
4
Selva Preserve
Duval County,Florida July 2016
dates of such maintenance events. Monitoring reports will be forwarded to
SJRWMD following each monitoring event.
4.7 Success Criteria
• Survival: At least 80 percent of the planted tree species have survived and
are showing signs of normal annual growth. Should plantings not survive,
CES will propose adaptive management techniques (approved by the
District) to ensure 80% survivorship of planted species.
• Percent Cover: At least 80 percent cover (in the appropriate strata) by
appropriate wetland tree species has been obtained.
• Hydrology: Hydrological conditions are shown to be in general
conformation with those specified in the mitigation plan; and
• Time Limit: The above criteria have been achieved by the end of a 5-year
period following initial planting.
4.8 Sampling Design
Various sampling methods will be utilized in the creation areas to aid in data
collection.
1. Belt Transects: 15-foot wide belt transects will be located across each
creation area. The number of transects will be determined in order to
represent approximately 10 percent of the creation areas. The location
of each transect will be staked in the field with fixed reference points.
Data collected along the belt transects will include:
• Total number of planted trees per transect.
• Percent survival of planted trees along each transect.
• Estimated recruitment density and composition of other trees
and shrubs in the creation areas.
2. Photographs: Photographic records will be submitted along with
each monitoring report. Fixed reference points will be staked in the
field adjacent to the mitigation areas for a panoramic series of
photographs.
3. Wildlife Utilization: Qualitative observations of wildlife utilization of
the mitigation areas will be recorded with emphasis upon aquatic and
wetland dependent species and endangered/threatened species.
4. Hydrology: Surface water elevations will be estimated at the time of
monitoring.
5
Selva Preserve
Duval County, Florida July 2016
4.9 Maintenance
The wetland creation areas will be periodically maintained after planting to
remove exotic and/or nuisance species that may invade the area. Maintenance
events will occur periodically on an as-needed basis. Generally, such events will
be more frequent following the initial planting effort, decreasing in frequency as
the mitigation areas become established and coverage is evident. Maintenance
will ensure that no greater than 10 percent coverage by nuisance species occurs.
5.0 CONCLUSION
As proposed, we believe the project successfully demonstrates avoidance and
minimization of wetland impacts to the greatest extent possible given
requirements of the success of the project. Further the applicant has provided a
sufficient mitigation plan to fully offset the wetland functions lost as a result of
the project.
6
Prepared by:
Permittee:
Address:
Phone:
NOTICE OF DEPARTMENT OF THE ARMY PERMIT
TAKE NOTICE the U.S. Army Corps of Engineers (Corps) has issued Department of the
Army Permit SAJ-1992-00736 to Selva Preserve, LLC (Permittee) on XXXXXX XX,
2016, authorizing impacts to waters of the United States (including wetlands) in
accordance with Section 404 of the Clean Water Act on a parcel of land known as
Folio/Parcel ID: 172027-0100 encompassing approximately 7.54 acres located within a
portion of in Section 16, Township 2 South, Range 29 East, Atlantic Beach, Duval
County, Florida.
Within 30 days of any transfer of interest or control of that portion of the premises
containing the area authorized to be filled (or any portion thereof), the Permittee must
notify the Corps in writing of the property transfer by submitting the completed permit
transfer page of the permit. Notification of the transfer does not by itself constitute a
permit transfer. Therefore, purchasers of that portion of the premises containing the
area authorized to be filled (or any portion thereof) are notified that it is unlawful for any
person to construct, alter, operate, maintain, remove or abandon any works, including
dredging or filling, without first having obtained a permit from the Corps in the
purchaser's name.
The subject Permit concerns only that portion of the property determined to fall within
the jurisdiction of the Corps and this notice is applicable only to those portions of the
subject property containing areas authorized to be filled and wetland
mitigation/conservation areas subject to the Permit.
Conditions of the Permit: The Permit is subject to General Conditions and Special
Conditions which may affect the use of the subject property. Accordingly, interested
parties should closely examine the entire Permit, all associated applications, and any
subsequent modifications.
To obtain a copy of the permit in its entirety submit a written request to:
U.S. Army Corps of Engineers
Regulatory Division - Special Projects & Enforcement Branch
Post Office Box 4970
Jacksonville, Florida 32232-0019
Questions regarding compliance with these conditions should be directed to:
U.S. Army Corps of Engineers
Enforcement Section
Post Office Box 4970
Jacksonville, Florida 32232-0019
Conflict Between Notice and Permit
This Notice of Permit is not a complete summary of the Permit. Provisions in this Notice
of Permit shall not be used in interpreting the Permit provisions. In the event of conflict
between this Notice of Permit and the Permit, the Permit shall control.
This Notice is Not an Encumbrance
This Notice is for informational purposes only. It is not intended to be a lien,
encumbrance, or cloud on the title of the premises.
Release
This Notice may not be released or removed from the public records without the prior
written consent of the Corps.
This Notice of Permit is executed on this day of ,
20 . This document is being submitted for recordation in the Public Records of
Duval County, Florida as part of the requirement imposed by Department of the Army
Permit No SAJ-1992-00736 issued by the Corps.
Permittee:
Address:
Phone:
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me this day of
, 20 , by , who is personally known to
me or has produced as identification.
Notary Public
(seal)
Print
My Commission Expires
SELF-CERTIFICATION STATEMENT OF COMPLIANCE
Permit Number: SAJ-1992-00736
Permittee's Name &Address (please print or type):
Telephone Number:
Location of the Work:
Date Work Started: Date Work Completed:
PROPERTY IS INACCESSIBLE WITHOUT PRIOR NOTIFICATION: YES NO
TO SCHEDULE AN INSPECTION PLEASE CONTACT
AT
Description of the Work (e.g. bank stabilization, residential or commercial filling, docks, dredging,
etc.):
Acreage or Square Feet of Impacts to Waters of the United States:
Describe Mitigation completed (if applicable):
Describe any Deviations from Permit (attach drawing(s) depicting the deviations):
I certify that all work, and mitigation (if applicable) was done in accordance with the limitations and
conditions as described in the permit. Any deviations as described above are depicted on the
attached drawing(s).
Signature of Permittee
Full Name of Permittee (printed or typed)
Date
J�NN6 RSL
0S �9 St. johns River
➢�
s9�P Water Management District
9�
9ry'aGEME�S Ann B.Shortelle,Ph.D.,Executive Director
4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • (386) 329-4500
On the Internet at www.sjrwmd.com.
March 20, 2017
Laura Ferrante
Selva Preserve LLC
248 Levy Rd
Atlantic Bch, FL 32233-2614
SUBJECT: 120212-3
Selva Preserve
Dear Sir/Madam:
Enclosed is your individual permit issued by the St. Johns River Water Management District on
March 20, 2017. This permit is a legal document and should be kept with your other important
documents. Permit issuance does not relieve you from the responsibility of obtaining any
necessary permits from any federal, state, or local agencies for your project.
Technical Staff Report:
If you wish to review a copy of the Technical Staff Report (TSR) that provides the District's staff
analysis of your permit application, you may view the TSR by going to the Permitting section of
the District's website at www.sjrwmd.com/permitting. Using the "search applications and permits"
feature, you can use your permit number or project name to find information about the permit.
When you see the results of your search, click on the permit number and then on the TSR folder.
Noticing Your Permit:
For noticing instructions, please refer to the noticing materials in this package regarding closing
the point of entry for someone to challenge the issuance of your permit. Please note that if a
timely petition for administrative hearing is filed, your permit will become non-final and any
activities that you choose to undertake pursuant to your permit will be at your own risk.
Compliance with Permit Conditions:
To submit your required permit compliance information, go to the District's website at
www.sjrwmd.com/permitting. Under the "Apply for a permit or submit compliance data" section,
click to sign-in to your existing account or to create a new account. Select the "Compliance
Submittal"tab, enter your permit number, and select"No Specific Date" for the Compliance Due
Date Range. You will then be able to view all the compliance submittal requirements for your
project. Select the compliance item that you are ready to submit and then attach the appropriate
information or form. The forms to comply with your permit conditions are available at
www.sjrwmd.com/permitting under the section "Handbooks, forms, fees, final orders". Click on
forms to view all permit compliance forms, then scroll to the ERP application forms section and
select the applicable compliance forms. Alternatively, if you have difficulty finding forms or need
GOVERNING BOARD
John A.Miklos,CHAIRMAN Fred N.Roberts Jr.,VICE CHAIRMAN Chuck Drake,SECRETARY Ron Howse,TREASURER
ORLANDO OCALA ORLANDO COCOA
Douglas C.Bournique John P.Browning,Jr. Douglas Burnett Maryam H.Ghyabi Carla Yetter
VERO BEACH EAST PALATKA ST.AUGUSTINE ORMOND BEACH FERNANDINA BEACH
copies of the appropriate forms, please contact the Bureau of Regulatory Support at (386) 329-
4570.
Transferring Your Permit:
Your permit requires you to notify the District within 30 days of any change in ownership or
control of the project or activity covered by the permit, or within 30 days of any change in
ownership or control of the real property on which the permitted project or activity is located or
occurs. You will need to provide the District with the information specified in rule 62-330.340,
Florida Administrative Code (F.A.C.). Generally, this will require you to complete and submit
Form 62-330.340(1), "Request to Transfer Permit," available at
http://www.sjrwmd.com/permitting/permitforms.html.
Please note that a permittee is liable for compliance with the permit before the permit is
transferred. The District, therefore, recommends that you request a permit transfer in advance in
accordance with the applicable rules. You are encouraged to contact District staff for assistance
with this process.
Thank you and please let us know if you have additional questions. For general questions contact
e-permit@sjrwmd.com or (386) 329-4570.
Sincerely,
Margaret Daniels, Office Director
Office of Business and Administrative Services
St. Johns River Water Management District
4049 Reid Street
Palatka, FL 32177-2529
(386) 329-4570
Enclosures: Permit
cc: District Permit File
Laura Ferrante
Selva Preserve LLC
248 Levy Rd
Atlantic Bch, FL 32233-2614
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
Post Office Box 1429
Palatka, Florida 32178-1429
PERMIT NO: 120212-3 DATE ISSUED: March 20, 2017
PROJECT NAME: Selva Preserve
A PERMIT AUTHORIZING:
Construction of a Stormwater Management System with stormwater treatment by Wet
Detention for Selva Preserve, a 7.42 - acre project to be constructed as per plans received by the
District on July 29, 2016.
LOCATION:
Section(s): 16 Township(s): 2S Range(s): 29E
Duval County
Receiving Water Body:
Name (Class
Sherman Creek III Fresh, 1W
ISSUED TO:
Selva Preserve LLC
248 Levy Rd
Atlantic Bch, FL 32233-2614
The permittee agrees to hold and save the St. Johns River Water Management District and its
successors harmless from any and all damages, claims, or liabilities which may arise from permit
issuance. Said application, including all plans and specifications attached thereto, is by
reference made a part hereof.
This permit does not convey to the permittee any property rights nor any rights or privileges other
than those specified herein, nor relieve the permittee from complying with any law, regulation or
requirement affecting the rights of other bodies or agencies. All structures and works installed by
permittee hereunder shall remain the property of the permittee.
This permit may be revoked, modified or transferred at any time pursuant to the appropriate
provisions of Chapter 373, Florida Statutes.
PERMIT IS CONDITIONED UPON:
See conditions on attached "Exhibit A", dated March 20, 2017
AUTHORIZED BY: St. Johns River Water Management District
Division of Regulatory Services
By:
David Miracle
Regulatory Coordinator
"EXHIBIT A"
CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 120212-3
Selva Preserve
DATED March 20, 2017
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 District 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 District a fully executed Form 62-330.350(1), "Construction Commencement
Notice,"[10-1-13], incorporated by reference herein
(http://www.flrules.org/Gateway/reference.asp?No=Ref-02505), indicating the expected
start and completion dates. A copy of this form may be obtained from the District, as
described in subsection 62-330.010(5), F.A.C. If available, an District 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 District in writing of changes required by any other regulatory
District 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.
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 District 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 District 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, District staff with proper identification shall have
permission to enter, inspect, sample and test the project or activities to ensure conformity
with the plans and specifications authorized in the permit.
14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal
implements, dugout canoes, or any other physical remains that could be associated with
Native American cultures, or early colonial or American settlement are encountered at any
time within the project site area, work involving subsurface disturbance in the immediate
vicinity of such discoveries shall cease. The permittee or other designee shall contact the
Florida Department of State, Division of Historical Resources, Compliance and Review
Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency
office. Such subsurface work shall not resume without verbal or written authorization from
the Division of Historical Resources. If unmarked human remains are encountered, all work
shall stop immediately and notification shall be provided in accordance with Section
872.05, F.S.
15. Any delineation of the extent of a wetland or other surface water submitted as part of the
permit application, including plans or other supporting documentation, shall not be
considered binding unless a specific condition of this permit or a formal determination
under Rule 62-330.201, F.A.C., provides otherwise.
16. The permittee shall provide routine maintenance of all components of the stormwater
management system to remove trapped sediments and debris. Removed materials shall be
disposed of in a landfill or other uplands in a manner that does not require a permit under
Chapter 62-330, F.A.C., or cause violations of state water quality standards.
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 District 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 Rule 62-330.090(7), F.A.C. Such notice is not an
encumbrance upon the property.
19. The operation and maintenance entity shall inspect the stormwater or surface water
management system once within two years after the completion of construction and every
two years thereafter to determine if the system is functioning as designed and permitted.
The operation and maintenance entity must maintain a record of each required inspection,
including the date of the inspection, the name and contact information of the inspector, and
whether the system was functioning as designed and permitted, and make such record
available for inspection upon request by the District during normal business hours. If at any
time the system is not functioning as designed and permitted, then within 30 days the entity
shall submit a report electronically or in writing to the District using Form 62-330.311(1),
"Operation and Maintenance Inspection Certification," describing the remedial actions
taken to resolve the failure or deviation.
20. Deed of Conservation Easement
This permit requires the recording of a conservation easement. Within 30 days of
recording, the permittee shall provide the District with: (a) the original recorded easement
(including exhibits) showing the date it was recorded and the official records book and
page number, (b) a copy of the recorded plat (if applicable), (c) a surveyor's sketch of the
easement area plotted on the appropriate USGS topographic map, and (d) the original
recorded consent and joinder(s) of mortgagee (if applicable). Before recording them, the
permittee shall ensure that these documents are acceptable to the District as described
below.
Description of Conservation Easement Area.
The permittee shall provide to the District for review and written approval a copy of: (a) the
preliminary plat showing the area to be encumbered by the conservation easement, or (b)
a surveyor's sketch and legal description of the area to be placed under the conservation
easement, per the approved mitigation plan, at least 45 days before (1) dredging, filling, or
clearing any wetland or surface water for which mitigation is required; (2) clearing any
upland within a Riparian Habitat Protection Zone for which mitigation is required; (3) the
sale of any lot or parcel; (4) the recording of the subdivision plat; or (5) use of the
infrastructure for its intended use, whichever occurs first.
If the impacts to an upland within a Riparian Habitat Protection Zone or to a wetland or
surface water for which mitigation is required will occur in discrete phases, the areas to be
preserved to offset such impacts may be placed under conservation easement in phases
such that impacts are offset during each phase. Such phasing of preservation shall only
occur if it has been proposed in the mitigation plan and approved by the permit, or if it is
approved in writing by the District. A surveyor's sketch and legal description of the area to
be placed under conservation easement during each phase must be submitted in
accordance with the previous paragraph.
Recording of Conservation Easement.
Before (1) dredging, filling, or clearing any wetland or surface water for which mitigation is
required, (2) clearing any upland within a Riparian Habitat Protection Zone for which
mitigation is required, (3) the sale of any lot or parcel, (4) the recording of the subdivision
plat, or (5) use of the infrastructure for its intended use, whichever occurs first, the
permittee shall record a conservation easement. The conservation easement shall include
restrictions on the real property pursuant to section 704.06, Florida Statutes, and be
consistent with section 10.3.8, ERP Applicant's Handbook, Volume ((October 1, 2013) and
Fla. Admin.Code R. 62-330.301(6).
The conservation easement shall be in the form approved in writing by the District and, if
no plat has been submitted, the easement shall include the approved legal description and
surveyor's sketch. If the District does not provide written comments on the preliminary plat
or surveyor's sketch and legal description within 45 days of receipt, then the permittee may
record the conservation easement with the legal description and surveyor's sketch or plat
reference previously submitted. If the District provides written disapproval of the preliminary
plat or surveyor's sketch and legal description, the permittee shall, within ten (10) days of
receipt of the disapproval, correct all errors with the conservation easement, including the
preliminary plat or legal description and surveyor's sketch, and record the conservation
easement. Pursuant to section 704.06, Florida Statutes, the conservation easement shall
prohibit all construction, including clearing, dredging, or filling, except that which is
specifically authorized by this permit, within the mitigation areas delineated on the final
plans and/or mitigation proposal approved by the District.
The easement may not be amended without written District approval.
Additional Documents Required.
The permittee shall ensure that the conservation easement identifies, and is executed by,
the correct grantor, who must hold sufficient record title to the land encumbered by the
easement. If the easement's grantor is a partnership, the partnership shall provide to the
District a partnership affidavit stating that the person executing the conservation easement
has the legal authority to convey an interest in the partnership land. If there exist any
mortgages on the land, the permittee shall also have each mortgagee execute a consent
and joinder of mortgagee subordinating the mortgage to the conservation easement. The
consent and joinder of the mortgagee shall be recorded simultaneously with the
conservation easement in the public records of the county where the land is located. Within
30 days of recording, the permittee shall provide the District with: (a) the original recorded
easement (including exhibits) showing the date it was recorded and the official records
book and page number, (b) a copy of the recorded plat (if applicable), (c) a surveyor's
sketch of the easement area plotted on the appropriate USGS topographic map, and (d)
the original recorded consent and joinder(s) of mortgagee (if applicable).
Demarcation of Conservation Easement Area. Prior to lot or parcel sales, all changes in
direction of the easement area boundaries must be permanently monumented above
ground on the project site.
21. The surface water management system must be constructed and operated as per plans
received by the District on July 29, 2016
22. This permit for construction will expire on August 14, 2020.
23. Prior to initiating any construction for this project, the District must receive a letter of
verification from the Greens Creek Mitigation Bank stating that a transaction of 0.53-credits
has been completed.
24. In the event that the permittee does not successfully complete the transaction to
obtain 0.53-credits from the Greens Creek Mitigation Bank, the permittee must obtain a
modification to this permit prior to beginning construction to provide suitable alternative
mitigation for the proposed wetland impacts.
25. The proposed mitigation plan must be implemented per plans received February 14, 2017.
Notice Of Rights
1. A person whose substantial interests are or may be affected has the right to request an
administrative hearing by filing a written petition with the St. Johns River Water
Management District(District). Pursuant to Chapter 28-106 and Rule 40C-1.1007,
Florida Administrative Code, the petition must be filed (received) either by delivery at the
office of the District Clerk at District Headquarters, P. O. Box 1429, Palatka Florida
32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at
Clerk@sjrwmd.com, within twenty-six (26) days of the District depositing the notice of
District decision in the mail (for those persons to whom the District mails actual notice),
within twenty-one (21) days of the District emailing the notice of District decision (for
those persons to whom the District emails actual notice), or within twenty-one (21) days
of newspaper publication of the notice of District decision (for those persons to whom the
District does not mail or email actual notice). A petition must comply with Sections
120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida
Administrative Code. The District will not accept a petition sent by facsimile (fax), as
explained in paragraph no. 4 below.
2. Please be advised that if you wish to dispute this District decision, mediation may be
available and that choosing mediation does not affect your right to an administrative
hearing. If you wish to request mediation, you must do so in a timely-filed petition. If all
parties, including the District, agree to the details of the mediation procedure, in writing,
within 10 days after the time period stated in the announcement for election of an
administrative remedy under Sections 120.569 and 120.57, Florida Statutes, the time
limitations imposed by Sections 120.569 and 120.57, Florida Statutes, shall be tolled to
allow mediation of the disputed District decision. The mediation must be concluded within
60 days of the date of the parties' written agreement, or such other timeframe agreed to
by the parties in writing. Any mediation agreement must include provisions for selecting a
mediator, a statement that each party shall be responsible for paying its pro-rata share of
the costs and fees associated with mediation, and the mediating parties' understanding
regarding the confidentiality of discussions and documents introduced during mediation.
If mediation results in settlement of the administrative dispute, the District will enter a final
order consistent with the settlement agreement. If mediation terminates without
settlement of the dispute, the District will notify all the parties in writing that the
administrative hearing process under Sections 120.569 and 120.57, Florida Statutes, is
resumed. Even if a party chooses not to engage in formal mediation, or if formal
mediation does not result in a settlement agreement, the District will remain willing to
engage in informal settlement discussions.
3. A person whose substantial interests are or may be affected has the right to an informal
administrative hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes,
where no material facts are in dispute. A petition for an informal hearing must also
comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code.
Notice Of Rights
4. A petition for an administrative hearing is deemed filed upon receipt of the complete
petition by the District Clerk at the District Headquarters in Palatka, Florida during the
District's regular business hours. The District's regular business hours are 8:00 a.m. —
5:00 p.m., excluding weekends and District holidays. Petitions received by the District
Clerk after the District's regular business hours shall be deemed filed as of 8:00 a.m. on
the District's next regular business day. The District's acceptance of petitions filed by e-
mail is subject to certain conditions set forth in the District's Statement of Agency
Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative
Code), which is available for viewing at sjrwmd.com. These conditions include, but are
not limited to, the petition being in the form of a PDF or TIFF file and being capable of
being stored and printed by the District. Further, pursuant to the District's Statement of
Agency Organization and Operation, attempting to file a petition by facsimile is prohibited
and shall not constitute filing.
5. Failure to file a petition for an administrative hearing within the requisite timeframe shall
constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, Florida
Administrative Code).
6. The right to an administrative hearing and the relevant procedures to be followed are
governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code,
and Rule 40C-1.1007, Florida Administrative Code. Because the administrative hearing
process is designed to formulate final agency action, the filing of a petition means the
District's final action may be different from the position taken by it in this notice. A person
whose substantial interests are or may be affected by the District's final action has the
right to become a party to the proceeding, in accordance with the requirements set forth
above.
7. Pursuant to Section 120.68, Florida Statutes, a party to the proceeding before the District
who is adversely affected by final District action may seek review of the action in the
District Court of Appeal by filing a notice of appeal pursuant to Rules 9.110 and 9.190,
Florida Rules of Appellate Procedure, within 30 days of the rendering of the final District
action.
8. A District action is considered rendered, as referred to in paragraph no. 7 above, after it is
signed on behalf of the District and filed by the District Clerk.
9. Failure to observe the relevant timeframes for filing a petition for judicial review as
described in paragraph no. 7 above will result in waiver of that right to review.
NOR.Decision.DOC.001
Revised 12.7.11
Notice Of Rights
Certificate of Service
I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent to the
permittee:
Laura Ferrante
Selva Preserve LLC
248 Levy Rd
Atlantic Bch, FL 32233-2614
This 20th day of March, 2017.
Margaret Daniels, Office Director
Office of Business and Administrative Services
St. Johns River Water Management District
4049 Reid Street
Palatka, FL 32177-2529
(386) 329-4570
Permit Number: 120212-3
NOTICING INFORMATION
Dear Permittee:
Please be advised that the St. Johns River Water Management District will not publish a notice
in the newspaper advising the public that it has issued a permit for this project.
Newspaper publication, using the District's notice form, notifies members of the public of their
right to challenge the issuance of the permit. If proper notice is given by newspaper publication,
then there is a 21-day time limit for someone to file a petition for an administrative hearing to
challenge the issuance of the permit.
To close the point of entry for filing a petition, you may publish (at your own expense) a one-
time notice of the District's decision in a newspaper of general circulation within the affected
area as defined in Section 50.011 of the Florida Statutes. If you do not publish a newspaper
notice to close the point of entry, the time to challenge the issuance of your permit will not expire
and someone could file a petition even after your project is constructed.
A copy of the notice form and a partial list of newspapers of general circulation are attached for
your convenience. However, you are not limited to those listed newspapers. If you choose to
close the point of entry and the notice is published, the newspaper will return to you an affidavit
of publication. In that event, it is important that you either submit a scanned copy of the affidavit
by emailing it to compliancesupport@sjrwmd.com (preferred method) or send a copy of the
original affidavit to:
Margaret Daniels, Office Director
Office of Business and Administrative Services
4049 Reid Street
Palatka, FL 32177
If you have any questions, please contact the Office of Business and Administrative Services at
(386) 329-4570.
Sincerely,
Margaret Daniels, Office Director
Office of Business and Administrative Services
NOTICE OF AGENCY ACTION TAKEN BY THE
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
Notice is given that the following permit was issued on •
(Name and address of applicant)
permit# . The project is located in County, Section
, Township South, Range East. The permit authorizes a surface
water management system on acres for
known as
. The receiving water body is
A person whose substantial interests are or may be affected has the right to request an
administrative hearing by filing a written petition with the St. Johns River Water Management
District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code
(F.A.C.), the petition must be filed (received) either by delivery at the office of the District Clerk at
District Headquarters, P.O. Box 1429, Palatka FL 32178-1429 (4049 Reid St, Palatka, FL 32177)
or by e-mail with the District Clerk at Clerk@sjrwmd.com, within twenty-one (21) days of
newspaper publication of the notice of District decision (for those persons to whom the District
does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and
120.569(2)(c), Florida Statutes (F.S.), and Chapter 28-106, F.A.C. The District will not accept a
petition sent by facsimile (fax). Mediation pursuant to Section 120.573, F.S., may be available
and choosing mediation does not affect your right to an administrative hearing.
A petition for an administrative hearing is deemed filed upon receipt of the complete petition by
the District Clerk at the District Headquarters in Palatka, Florida during the District's regular
business hours. The Districts regular business hours are 8 a.m. —5 p.m., excluding weekends
and District holidays. Petitions received by the District Clerk after the District's regular business
hours shall be deemed filed as of 8 a.m. on the District's next regular business day. The District's
acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District's
Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida
Administrative Code), which is available for viewing at www.sjrwmd.com. These conditions
include, but are not limited to, the petition being in the form of a PDF or TIFF file and being
capable of being stored and printed by the District. Further, pursuant to the District's Statement of
Agency Organization and Operation, attempting to file a petition by facsimile (fax) is prohibited
and shall not constitute filing.
The right to an administrative hearing and the relevant procedures to be followed are governed
by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C-
1.1007, Florida Administrative Code. Because the administrative hearing process is designed to
formulate final agency action, the filing of a petition means the District's final action may be
different from the position taken by it in this notice. Failure to file a petition for an
administrative hearing within the requisite time frame shall constitute a waiver of the right
to an administrative hearing. (Rule 28-106.111, F.A.C.).
If you wish to do so, please visit http://www.sjrwmd.com/nor_dec/to read the complete Notice of
Rights to determine any legal rights you may have concerning the District's decision(s) on the
permit application(s) described above. You can also request the Notice of Rights by contacting
the Director of Regulatory Support, 4049 Reid St., Palatka, FL 32177-2529, tele. no. (386)329-
4570.
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ORANGE OSCEOLA
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