SELVA PRESERVE PROJECT Application 09.21.2015 Written Narrative
SPA Rezoning Application for
SELVA PRESERVE
September 21, 2015
I. PROJECT SUMMARY
Selva Preserve is a 7.21 acre site located north of 11`" Street between the Sherman Creek
Canal and the Selva Linkside development. The applicant, Selva Preserve, LLC, is
seeking to rezone the property from Planned Unit Development (PUD) to Special
Planned Area (SPA) zoning district in order to create a unique residential neighborhood
linked to the new Atlantic Beach Country Club taking into account the existing natural
features of the property. The project will consist of 15 single family lots within a gated
community designed to comply with ABCC criteria. There will be a pedestrian/golf cart
link with the adjacent golf course.
II. Land Use Designations and Zoning Districts
The current land use is low density residential which allows a density of 7 DU/AC for a
total of 50 dwelling units. The proposed SPA development of 15 dwelling units is a 70%
reduction of the potential developable units on the property.
The current zoning is PUD. This zoning allowed higher densities called for in this SPA
request. The SPA requested zoning will result in a development meeting the
requirements in excess of the ABCC PUD zoning. The proposed project is compatible
with surrounding land uses and zoning.
Direction Land Use Zoning
East Low Density Residential Residential —Large Lots
South Low Density Residential Planned Unit Development
35' wide lots
West Low Density Residential Planned Unit Development
50' wide lots
North Golf Course/residential Planned Unit Development
55' to 60' lots
III. Permitted and Prohibited Uses
The following section lists the permitted uses for the Selva Preserve SPA.
Single family lots not to exceed 15 units.
Privately maintained gated roadway system.
Privately owned natural preservation area.
Privately maintained entryway and landscaping.
Accessory Structures on Individual Lots (rear yard only)
Detached garages
Pool cabana
6' high privately maintained perimeter fencing on west and south sides.
Temporary Sales and Construction Trailers.
IV. Development density
The SPA rezoning requests a maximum of 15 dwelling units representing a density of
2.08 units per acre. This represents a 70%reduction below the maximum 7 DU/Ac
allowed by the land use category.
V. Development Standards
Development standards have been created to ensure contextual design elements. This
section describes the various types of development standards proposed for Selva
Preserve. The SPA plan version shows 12 lots, gated roadway, and wetland preserve
areas. The intent of this SPA is to allow the applicant the flexibility to alter the density
upon customer demand, while maintaining a maximum density of 15 units.
The developer is required to meet all portions of the COAB Land Development Code
(LDC), unless stated within the following development standards text and waiver section
of the SPA requirements.
Maximum allowed density per land use 7 units/acre
Proposed density 2.08 units per acre
Maximum number of units 15 lots
Lot Requirements: 60' minimum lot width,
100' lot depth,20' front setback, 5'
side setback, 10' rear setback.
Maximum Lot Coverage 60%
Maximum building height 35 feet
Entry Signage and Lighting In accordance with Section
17-28 of the COAB LDC
Vehicular Access As shown on the site plan,
Access is off 11t Street.
Landscaping Landscaping shall be in accordance
with the requirements of the current
Division 8 of Chapter 24 of the
COAB LDC.
Fencing 6' Perimeter fencing on the west and
South side.
Utilities All utilities shall be underground and
will be owned by the Utility
Company or COAB.
■
Projections into Required Yards:
Stoops, balconies, awnings, bay windows, and roof overhangs may encroach into the
required front yards, not to exceed 3 feet. Side and rear yards shall be measured from the
property line to the outside wall of the principal structure. Projections may occur within
the required side and rear yards, such as roof overhangs and bay windows, but shall not
exceed two feet. In addition, chimneys may project up to one foot into the side or rear
yard.
Swimming pools and hot tubs:
In-ground swimming pools and hot tubs are permitted. Pool enclosures should be located
only at the rear of the property and shall be no wider than the width of the principal
structure. The minimum side setbacks for pools, decks, and pool enclosures shall be
equal to the yard requirements of each residential lot. Pools that do not have a screen
enclosure shall have a minimum 5 foot setback from the rear property line. Pool cabanas
shall have a minimum 5 foot setback from the side yard line and 5 foot setback from the
rear property line.
Accessory Structures:
Accessory detached garages shall comply with COAB LDC other than setbacks.
Detached garages shall be placed no closer than 5 feet from the side property line and no
closer than 5' from the rear property line.
The following are the waivers requested:
1. Per section 24-105, (d), (2), minimum lot width,the RS-1 zoning category
calls for 75' wide lots. We are requesting 60' wide lots.
2. Per section 24-105, (e), (2), minimum yard requirements,the section calls for
20' rear set back. We are requesting 10' rear set back in order to allow full
utilization of the upland area and still maintain the extensive rear preserve
area.
3. Per section 24-105, (e), (3), minimum yard requirements,the section calls for
7.5' side set back. We are requesting 5' side set back.
4. Per section 24-105, (f), (1),maximum impervious surface, the section calls for
a 50%maximum impervious surface. We are requesting a 60%maximum
impervious surface in order to better utilize the upland area within the project.
5. Per section 24-252 (c), (1), concerning having two separate access points
when the development has 10 or more lots. This project consists of a
maximum of 15 lots within a gated community. We are asking that this
requirement be waived in its entirety.
6. Per section 24-272 (c), (1), concerning a 50' wide buffer along water bodies.
Sherman Creek Canal was a manmade excavated canal done back in the early
60's. Under the exemption clause stated in section 24-272 (d)(1),we should
be exempted from this requirement. Keep in mind,there are numerous lots
with preserved areas between lot and canal that exceed the 50' distance.
7. Per section 24-272 (c), (2), concerning a 25' upland buffer,the district has
issued a permit taking into account the fact that there is no 25' upland buffer.
However,there is a berm and swale system between the house pad and the
rear lot line to intercept storm runoff for treatment and disposal. Imposing a
25' buffer on top of the swale/berm system would be economically damaging
to the lot depths.
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APPLICATION FOR ZONING MAP AMENDMENT
for
SPECIAL PLANNED AREA— or— PLANNED UNIT DEVELOPMENT
City of Atlantic Beach • 800 Seminole Road •Atlantic Beach,Florida 32233-5445
Phone: (904)247-5800 • FAX (904)247-5805 http://www.coab.us
Date September 24 , 2015 File No. Application No.
1. Applicant's Name Robert H . Hendricks
2. Applicant's Address 248 Levy Road, Atlantic Beach , FL 32233
3. Property Location 11th Street and Linkside Drive
4. Property Appraiser's Real Estate Number 17 2 0 2 7—010 0
5. Current Zoning Classification PUD 6. Comprehensive Plan Future Land Use Designation
7. Requested Action Rezone to SPA
8. Size of Parcel 7 . 21 acres 9.Utility Provider City of Atl .Bch—Water;JEA—el ec .
10. Provide a textual narrative and a composite site plan, which demonstrates compliance with Article III, Division 6 of
the City of Atlantic Beach Zoning,Subdivision and Land Development Regulations. The narrative,and any required
attachments, should concisely address each of the provisions and requirements of Section 24-120 and should be
provided in an order and format consistent with this Section. Please provide a cover page and a table of contents
identifying each attachment to the application.
11. The following items must be submitted with the application:
a. List of adjacent property owners within 300 feet of the property including name, mailing address and Property
Appraiser's Real Estate number from most recently certified tax rolls. Address two (2) legal size envelopes to each
property owner on the list. Do not include a return address. Each envelope must contain proper postage. The order of
the envelopes must match the order in which the names appear on the list.
b. Proof of ownership(copy of deed or certificate by lawyer or abstract company or title company that verifies record owner
as above). If the applicant is not the owner, a letter of authorization from the owner(s) for applicant to represent the
owner for all purposes related to this application must be provided.
c. Required number of copies: five(5) Please submit ten(10)copies of any plans or attachments that are larger than 11 x
17 inches in size,or any other items that cannot be easily reproduced.
d. Application Fee.($500.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s r authorized person if owner's authorization form is attached:
Robert H . Hendricks
Printed or typed me(s
INF
1
Signature(s): 'F - 1 —
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION Name: ,tamps M.Talc'c'a s ..7. T.i)c`a c A G c n r-i a tr=.a , Inc _
Mailing Address: 1305 Cedar Street, Jacksonville, FL 32207
Phone: (904) 396-3060 FAX: (904) 396-3456 E-mail: JMLGATOR @BELLSOUTH .NET
•
Prepared by:
JoAnn Lee
Watson&Osborne Title Services,Inc.
Youte Vcdra Park Drive,Suite 101
ante Vedra Beach Florida 32082
c H:06T0395
Record and return to:
Selva Preserve,LLC
. 248-3 Levy Road
Atlantic Beach,Florida 32233
General Warranty Deed
Made this November 9,2006 A.D.By Kevin W.Bennett,as to an undivided 50%interest,and Ratio Y.Itani,as to an undivided
25%.interest,and Mohammed Y.Italy as to an undivided 25%interest,as tenants in common,whose address is:4429 Jiggerma_st
Avenue,Jacksonville,Florida 32277,hereinafter called the grantor,to Selva Preserve,LLC,a Florida limited liability company,
• se address is: 248-3 Levy Road,Atlantic Beach,Florida 32233 ,hereinafter called the grantee:
(whenever used herein the term"granter'and-grantee"include all the parties to rho inlrurnont and the heirs.Legal rep:esentanves and assigns of
individuals,and the successors and assigns of corporation))
Witnesseth,that the grantor,for and in consideration of the sum of Ten Dollars,($10.00)and other valuable considerations,
receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises,releases,conveys'and confirms unto the grantee,
all that certain land situate in Duval County,Florida,viz:
See Attached Exhibit"A"
SAID PROPERTY IS NOT THE HOMESTEAD OF THE GRANTORS UNDER THE LAWS AND CONTITUTION OF
THE STATE OF FLORIDA.
Parcel Ill Number.172027-41100
Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining.
'ro Have and to Hold, the sane in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;that the grantor
has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend
the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing
subsequent to December 31,2006.
Di:FD Individual warranty Deed-Legal en Face
Closers'Choice
U
r
In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written.
Signed, sealed and delivered in our presence: /�.
_1Z (Seat)
/ Kevin W.Bennett
esa Primcd Namc \! /1(! /�e--•- Addles*: 4429 Jiggermast Avenue,Jacksonville,Florida 32277
_ (Seal)
1� ---- ate . taut
witness Prin Name rrt
nP rvJ I�• t[1�•! 111---------7 _
(Sell)
Mohammed Y.Item
Z. of Florida
County of St.Johns
The foregoing instrument was acknowledged before me this 9th day of November,2006,by Kevin W.Bennett,as to an undivided 50%
interest, and Rafic Y. Stani, as to an undivided 25%interest,and Mohammed Y.I."' as to an undvided 25%interest,as tenants in
common,who is/are personally known to me or who has produced d'�► {� as identification.
Notary r • c /
Prlat N a! A yl°r At to --
My Commlraloo Eaplrut _�-
1
�p tManrrirr6"i
e lea
le� st?iii °. .
Vi.
y% #00354595 ors
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DECO Individual Warranty Decd-Legal on Face
�• t44444 9t A4444:4(4, , • LETTER OF TRANSMITTAL
1305 Cedar Street
Jacksonville, FL 32207 •
Phone (904) 396-3060 - Fax (904) 396-3456
E-mail: lucascad @bellsouth.net
Date: August 28, 2015
To: Mr. Jeremy Hubsch Job No. 1413
City of Atlantic Beach
800 Seminole Road Re: Selva Preserve
Atlantic Beach, Florida 32233
We are sending you (X) Attached ( ) Under Separate Cover via
The following items:
( ) Shop Drawings (X) Prints ( ) Plans ( ) Samples ( ) Specifications
( ) Copy of Letter (' ) Change Order ( ) Other
Copies Date No. Description
4 Engineering Plans (signed and sealed)
1 Response Letter
1 Drainage calcs. And Soil Report
1 SJRWMD & ACOE permit
These are transmitted as checked below:
( x ) For Approval
( ) Approved as submitted
( ) For your use ( ) Approved as noted
( ) As requested ( ) Returned for corrections
( ) For review and comment ( ) Resubmit copies for approval
( ) Submit copies for distribution ( ) Return corrected prints
( ) Prints returned after loan to us ( ) For Bids Due 19_
Remarks:
Preliminary
Signed: J44144 H. 14.644, Y.E.
Professional Engineer
Copies To: Project File
J. 1,4644/ & A444ei', 14"C•
Design and Consulting Engineers
August 26, 2015
Mr. Doug Layton, P.E.
1200 Sandpiper Lane
Atlantic Beach, Florida 32233
Subject: Selva Preserve
Permit no. 15-SPPR-1012
Dear Mr. Layton:
In response to your comments on the subject project, we have revised our layout and have modified our
design. We have addressed our responses below.
Public Work Items:
(1) This project consists of filling within a 100 year flood plane requiring on-site compensatory
storage. There is an agreement between the golf course and the developers allowing the
compensatory storage being provided in the golf course. Attached is the executed agreement
dated October 15, 2009. Also attached is the flood plane calculations providing that required
volume.
(2) AB LDR Section 24-272 (c) 1 requires a 50' natural vegetative buffer required between
development and water bodies connected to the Intracoastal Waterway. Section 24-272 (d) (1)
states that man-made canals are not considered wetlands ad defined by this section. Therefore,
this requirement does not apply since the portion of the Sherman canal was created in the early
60's.
(3) AB LDR Section 24-272 (c) 2 requires a 25' buffer between wetlands and development. The
developers have received a District permit including mitigation allowing the removal of the 25'
buffer requirement. However, the lots include a deed restricted retention area between
development and wetlands to provide treatment prior to discharge into the Canal. These deed
restrictions will insure that the intent of Section 24-272 is accomplished.
(4) The project has a SJRWMD and a ACOE permit. A copy of the SJRWMD permit and ACOE
permit is attached.
(5) LDR requires two access for any subdivision creating 10 or more lots. The proposed project is to
have a gated entrance as shown on the plans. Therefore, the roads will be maintained by the
HOA and not by the City of Atlantic Beach. There is a gate installed at the end of the road stub
in Selva Linkside available as a secondary access to the development.
(6) There must be a 100' centerline distance minimum between Linkside drive and the entrance
road. Currently, we are 93.7' between road intersections. We are 122' between Linkside
outbound lane and entrance road. We have made the adjustment to the entrance road to meet the
100' distance requirement.
(7) The project site plan shows a gated entryway. The internal roadway and drainage system will be
privately owned and maintained.
1305 Cedar Street• Jacksonville, Florida 32207
Phone: (904) 396-3060 Fax: (904) 396-3456 • Email: lucascad @bellsouth.net
S
Mr. Doug Layton, P.E.
August 26, 2015
Page 2 of 2
(8) The site plan shows a landscape buffer between the entrance road and Linkside Drive. This
buffer will be maintained by the HOA.
Public Utilities:
(1) We have upsized the 4" water main to a 6" and looped it with the 11th Street water main.
(2) We have added a fire hydrant to the property.
(3) We have upsized the 2" water main to a 4" water main with a 2" flushing hydrant.
As you can see, we have addressed your comments in a positive way and are at a point to go forward
with an official submittal to the City for review and approval. Your consideration on this is appreciated.
Sincerely,
Axe4, tom.
J. e M. Lucas, P.E.
'resident
100-YR FLOOD PLAIN CALCULATIONS
Atlantic Beach Country Club
100-Yr. Flood Plain Calculations
AREA#1 =Flood Plain Storage provided within Golf Course
Volume Method used is the Half Method V=(A•L)12
A from EL=7.0-6.0= 483849.8 ft^2
100-yr Floodzone EL.= 7.0 ft V= 120962.45 cu.ft.
Average Existing Grade= 6.5 ft
0.5 ft
A from EL=6.0-5.0= 534662.0 ft^2
100-yr Floodzone EL.= 7.0 ft V= 400996.5 cu.ft
Average Existing Grade= 5.5 ft
1.5 ft
A from EL=5.0-4.0= 323830.7 ft"2
100-yr Floodzone EL.= 7.0 ft V= 404788.375 cu.ft
Average Existing Grade= 4.5 ft
2.5 ft
A from EL=4.0-Creek= 25192.8 ft"2
100-yr Floodzone EL.= 7.0 ft V= 409383 cu.ft.
Average Existing Grade= 3.8 ft
3.3 ft
(Total Volume Area#1 = 967685.63 cu.ft
35840.21 cu.yd
AREA#2=Floodplain storage within ponds
Pond Horseshoe#2 East-West(assume 4:1 side slopes)
Volume(AC- Cumulative
Description Elevation Area(AC) Volume ED Volume(CF)
TOB 6.00 1.46 0.71 0.71 30,960.05
Ex.Water Level 5.50 1.38 0.00 0.00
Bottom 1.00 0.61 0
Note:Volume available from Ex.Water Level to Top of Bank
Pond#3 North-South(assume 4:1 side slopes)
Volume(AC- Cumulative
Description Elevation Area(AC) Volume FT) Volume(CF)
TOB 8.00 1.57 0.00 1.67 72,543.37
100-yr Flood El. 7.00 1.42 1.67 1.67
Ex.Water Level 5.75 1.24 0.00 0.00
Bottom 0.50 0.47 0
Note:Volume available from Ex.Water Level to 100-yr Floodplain Elevation
(Total Volume Area#2 = 103503.42 cu.ft
3833.46 cu.yd
Total Volume Existing = 1071189.05 cu.ft.
39673.67 cu.yd
Atlantic Beach Country Club
• Proposed 100-Yr.Flood Plain Calculations
AREA 01.Flood Plain Storage provided within Ponds
BWMF-4 i
Cumulative Comolu9ve
Descdpunn Elevation Ana(AC) Volume Volume(AC-FT) Volume(CF)
TDB 7.50 2.73 8.48 366,478.78
1130yr Flood 61. 7.00 2.06 8.40 8.48
Normal Water Level 3.50 2.17 0.00 0.00
Begom -4.50 1.14 0
,Note:Volume avails Ile from Normal Water Level to 100-yr Fbodpein aeration
[Total Volume Arse e1 • 388476.78 tuft. .
• 1364729jtu.yd
AREA#2.Floodplain storage within Goff Course Depressions
TB•7
Description Elevation Area Cun(AC- Cumulative 2F
(AC) Volume Wume(AC-FI) Volume(CF)
708 7.00 2.46 4.19 4.16 182,407.50
Bottom 4.50 0.89 0
Note:Volume available from Bottom of Basin to 100/r Floodpai Elevation
184
Gumufse's Cameleer*
Deecrptbn Elevation Area(AC) Volume Volume(AC.Fl) Volumo(CF)
108 7.00 1140 18.48 19.48 848.331 OD
Bosom 4.50 4.18 0
Note:Volume available from 809cm of Basin to 100yr Floodplan Elevation
Tait
Curot.*ve Cumt;letvn
Description Elevation Area(AC) Volume Volume(AC-FT) Volume(CI)
TOB 7.00 0.20 026 0.26 15,434.50
Bottom 4.50 0.01 0
Note:Volume aysdeble from Bottom of Basin to 100-yr Floodpldn Elevation
TB-10
Cumulative CumulaM
DescAglon Elevates Area(AC) Volume Volume(AC-F1) Volume(CF)
TOB 7.00 1.00 1.54 1.54 86,973.50
Bottom 4.50 073 0
Note:Volume available from Bottom of Basin to 100-yr Ftoodplefn Elevation •
• T8-11
Cumulatve Cumulative
Desorption Elevation Area(AC) Volume Volume(ACFl) Volume(CF)
100-YR Floodaaln 7.00 306 1.38 3.5E 155,977.47
TOB 6.50 1.06 2.20 2.20
Bottom 4.50 0.54 0
Nde:Volume avetable front Bottom of Been to 100-yr FloodplsIn Elevation
T8-12
Cumulative Cumulative
Description Ekvadon Area(AC) Voklnw Volume(AC-FT) Volume(CF)
100-YR Floodpla.n 7.00 2.57 0.91 2.37 103,030.229
TOO 8.50 1.05 1.46 1.46
Bottom 4.50 0.41 0
Note:Volume sealable from Bottom of Been to 100-yr Floodplaln Elevation
ITetal Volume Aria e2 •
1,368,164.26 eu.n.
l• 60A7234�eu;yd __._
AREA 93-Flood Plain Storage provided within Golf Course
Yoluma Nathod used is the 11a4Me1l>rti 1L=(8_L112
Noun of MA•in Dee
A from EL-7.0-5.0- 788133.3 1112
100-yr Fbodzone EL.• 7.0 It V. 31401.86 cult.
Average Castro Grade• 6.0 It
1.0 It
A from EL•5.0-Creek• 23755 8 M2
100-yr Fbodtone EL.• 7.0 0 V= 29694.5 cull.
Average Eis6rig Mader 4.5 It
25 8
South of tettn Drle
Ahem EL•7A-5.0• 174164 8"2
100-yr Fbodzone EL• 7.0 8 V• 8708.1 cu.fl.
Average bating Grade. 8.0 It
1.0 6
A from EL•5.0-Creek• 29454.3 lt"2
100-yt Floodzone EL.• 7.0 8 V. 36817,875 cult
Average Eliding Grade. 4.5 It
2.5 E
Lotal Volum Ana 61 - 114622.21 tit
�: 4245.27 ca.yd
[Total Volume Proposed l: l 1d6961,,x656484x6fcuu..L
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NATURAL RESOURCE Location Map Project: 5.08007
g CONSULTANTS,LLC
li 66 Cuna Street,Suite A Selva Preserve Date: Feb. 2009
o St.Augustine.FL 32084
904-429-0278
Duval County, Florida Figure: 1
3 www.naturalresourceconsultants.net ,
as
•
Easement and
Flood Plain Compensation Agreement
This Agreement, dated effective as of the last of the parties signatures as shown
on the signature page below, is by and between Selva Marina Country Club, Inc..
a Florida corporation ("Club"), whose address is 1600 Selva Marina Drive, Atlantic
Beach, FL 32233 and Selva Preserve, LLC, a Florida limited liability company
("SP"), whose address is 248 Levy Road, Atlantic Beach, Florida 32233.
Recitals:
A. Club owns the real property (the "Club Property") in Duval County, FL
commonly known as the "Selva Marina Country Club"; the Club may, but will not
necessarily, develop a portion of the Club Property (the "Cove Subdivision Land") as a
residential subdivision to be known as "The Cove at Selva Marina" (referred to herein as
"Cove Subdivision").
B. SP owns the real property (the "SP Property") in Atlantic Beach, FL abutting the
Club Property which SP is developing as a residential subdivision ("Selva Preserve
Subdivision).
C. In order to develop Selva Preserve Subdivision, SP must fulfill the Flood Plain
Compensation requirements (the "FPC Requirements") of the Federal Emergency
Management Agency, the St. Johns River Water Management District, the City of
Atlantic Beach and other applicable agencies (the "FPC Permitting Agencies").
D. SP has requested, and Club has agreed, that SP be allowed to utilize the Club
Property to fulfill its FPC Requirements, all in accordance with and subject to the terms
and conditions hereof.
E. It is mutually beneficial for the parties to grant and receive from one another
certain easements as herein specified. It is mutually agreed that the exact location of the
easements to be granted herein shall be determined at the completion of the civil design
process.
E. The method and manner as to how the Club Property will be used to fulfill SP's
FPC Requirements and when and where the easements will be granted will depend on
whether the Club is developing Cove Subdivision or not.
Now, therefore, in consideration of these mutual premises and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Club and SP
agree as follows:
1. Flood Plain Compensation. When it knows the date (the "FPC Submission
Date") when it must submit to the FPC Permitting Agencies its plan for fulfilling its FPC
Created on 10/15/2009 11:00:00 AM Page 1 of
•
Requirements for Selva Preserve Subdivision, then SP will notify Club in writing of the
FPC Submission Date [such notice must be at least 60 days prior to FPC Submission
Date]. No later than 30 days prior to the FPC Submission Date, Club must notify SP in
writing whether or not it is committing to develop Cove Subdivision within a time period
reasonably compatible with SP's development time schedule for Selva Preserve
Subdivision.
a. If Club Does Not Commit to Cove Subdivision. If the Club is not willing to
make such commitment, then Club will provide Flood Plain Compensation storage
volume on Club Property for SP's benefit as follows:
1) The amount of such storage volume will be the lesser of(i) the quantity required
to satisfy applicable code and permitting requirements of the Permitting Agencies
for Selva Preserve Subdivision or(ii) 30,000 cubic yards.
2) The manner and location of.where and how the storage volume is provided on
Club Property will be as reasonably determined by Club.
3) The excavation, earth movement, grading and other such work (the "FPC Work")
will be done by SP, at its expense.
4) SP will do the FPC Work in a manner not to unreasonably interfere with the Club
Property or its operations; notwithstanding the generality of the foregoing, it is
specifically agreed that the FPC Work will not interrupt, detract from, impair or
otherwise interfere with golf course operations.
5) Within 30 days of its receipt of SP's written request,the Club will grant to SP the
appropriate easement or license to allow it the legal right to enter upon and do the
FPC Work on Club Property; such easement or license shall be in such form and
substance as is mutually satisfactory to Club and SP.
b. If Club Commits to Cove Subdivision. If the Club is willing to make such
commitment, then Club will provide Flood Plain Compensation storage volume on Club
Property for SP's benefit as follows:
1) The amount of such storage volume will be the lesser of(i) the quantity required
to satisfy applicable code and permitting requirements of the Permitting Agencies
relative to Selva Preserve Subdivision or(ii) 30,000 cubic yards.
2) The manner and location of where and how the storage volume is provided on
Club Property will be as reasonably determined by Club.
3) The Club, at its expense, will include in its permit plans and applications for its
renovated golf course storage volumes for all of(i) the renovated golf course. (ii)
Cove Subdivision and (iii) Selva Preserve Subdivision. The Club will provide a
copy of such plans and applications to SP in a form sufficient for SP's initial
applications for permits from the Permitting Agencies for Selva Preserve
Subdivision, but any modifications to the plans relating to Selva Preserve
Subdivision necessitated to address Agency comments are SP's responsibility, at
its costs.
Created on 10/15/2009 11:00:00 AM Page 2 of 5
4) The Club, in its sole discretion, shall elect where upon the Club Property storage
volume will be provided. The FPC Work will be done by Club, at its expense, as
part of its golf course renovation.
5) The Club will provide such storage volume compensation for Selva Preserve
Subdivision's benefit no later than the completion of the Club's renovated golf
course.
2. SP Grant of Sherman Creek Drainage Easement to Club. Within 30 days of
its receipt of Club's written request (which may not be made until SP's civil design
process is complete), SP will grant to Club a drainage easement as follows:
a. The easement will be 20 feet wide, and it will commence at the "pop off'
structure of the existing storm water retention pond, as the same may hereafter be
modified and/or expanded (the "Driving Range Pond") located immediately west of the
SP Property and it will traverse the SP Property to Sherman Creek.
b. The exact path and location of the Sherman Creek Drainage Easement will be as
reasonably designated by SP.
c. Club will pay the cost to have a legal description for the easement area prepared.
d. The Sherman Creek Drainage Easement will be in the form and substance of
Exhibit A attached hereto.
e. The Club shall pay to construct, repair, maintain, restore and/or replace the
control and conflict structures.
f. SP shall pay to construct, repair, maintain, restore and/or replace the pipes
running from the Driving Range Pond to Sherman Creek. SP shall commence and
complete such construction within a time period reasonably compatible with Club's
development time schedule for the Club Property.
This Sherman Creek Drainage Easement is intended to complement the mutual Drainage
Easement specified in Section 4 below so that all the residents living on either the SP
Property or the Club Property and draining into the Driving Range Pond benefit from
both easements.
Until such grant of easement is executed and delivered by SP, SP hereby gives Club and
future owner of the Club property known as "The Cove at Selva Marina" permission to
drain across the SP Property in the same manner and to the same degree as Club is
presently draining across the SP Property. Moreover, SP hereby waives, relinquishes and
releases any claims it has, might have or ever did have against Club arising from or
pertaining to Club's drainage across the SP Property prior to this date.
3. SP Grant of Utility Easement to Club. Within 30 days of its receipt of Club's
written request (which may not be made until the civil design process is complete), SP
will grant to Club a utility easement as follows:
a. The easement will be 20 feet wide; it will commence at a point (the "Start Point'')
along the common boundary between Selva Preserve Subdivision and Cove Subdivision
Created on 10/15/2009 11:00:00 AM Page 3 of 5
reasonably designated by SP and it will traverse the SP Property Selva Property and
terminate at the utility lines at the Parkside Drive termination point, Atlantic Beach, FL.
b. The exact path and location of the Utility Easement will be as reasonably
designated by SP.
c. Club will pay the cost to have a legal description for the easement area prepared.
d. The Utility Easement will be in the form and substance of Exhibit B attached
hereto.
e. If the utility lines and structures serve only Cove Subdivision, then Club shall pay
for all installation, construction, repair, maintenance, restoration and replacement.
f. If the utility lines and structures serve both Cove Subdivision and Selva Preserve
Subdivision, then Club and SP will pay installation, construction, repair, maintenance,
restoration and/or replacement costs pro rata calculated by the total number of residential
dwellings serviced by such lines and facilities.
•
4. Drainage Easement for SP to drain into Driving Range Pond. Within 30 days
of its receipt of either SP's or Club's written request (which may not be made until the
civil design process is complete), Club and SP will grant to each other a drainage
easement to drain storm water into the Driving Range Pond. The Easement Area to be
defined in such Grant of Easement is the portion of the Driving Range Pond owned by
Club. This mutual drainage easement is intended to complement the Sherman Creek
Drainage Easement specified in Section 2 above so that all the residents living on either
the SP Property or the Club Property and draining into the Driving Range Pond benefit
from both easements. Additionally at either party's request, both parties will cooperate
with one another to obtain whatever consents, licenses and/or easements from Selva
Linkside Unit One Association, Inc. and/or Selva Linkside Unit Two Association, Inc. to
allow drainage into the Driving Range Pond to the extent either party feels that such
consents, licenses and/or easements from such Associations are necessary; provided
however that the party making the request shall bear the costs of obtaining such consents,
licenses and/or easements from such Associations.
5. SP Rigbt to Connect to Cove Subdivision Water Lines. If Club develops Cove
Subdivision, then SP, at its cost, may tie into and connect into Club Subdivision's potable
water lines provided that (a) such tie in or connection does not interrupt, impede, interfere
with or otherwise degrade the lines and/or the water service of Club Subdivision and (b)
SP and the Club then agree to share prorata based on the number of lots served by the
main line the maintenance, repair, replacement and/or restoration costs relating to the
main line into which SP is connecting.
6. Miscellaneous. This Agreement shall be construed under the laws of the State of
Florida. Venue for any action for the interpretation or enforcement of this Agreement
shall lie in Duval County. Florida. In connection with any disputes arising out of this
Agreement, the prevailing party therein shall be entitled to recover from the non-
prevailing party all costs incurred in connection therewith including, without limitation,
all attorneys' fees, paralegals' fees and court costs, whether incurred at bankruptcy.
administrative, trial, appellate, arbitration, meditation, and/or negotiation levels or
proceedings. This Agreement may be modified or supplemented only in writing signed
Created on 10/15/2009 11:00:00 AM Page 4 of 5
by all parties. No inference in favor of.. or against, any party shall be drawn from the fact
that any party, or its counsel, has drafted any portion of this Agreement. At any time
reasonably requested, each party shall execute, deliver and acknowledge or, cause to be
executed, delivered and acknowledged, such further documents or do such other acts and
things as may be reasonably requested in order to fully implement the purposes of this
Agreement. This Agreement is binding upon the successors and assigns of the parties
hereto; without limiting the generality of the foregoing, it is specifically agreed and
understood that both this.Agreements benefits and this Agreement's burdens shall inure •
to and be binding upon any successor of Club to ownership of the Cove Subdivision
portion of the Club property. This Agreement embodies the entire agreement among the
ent and understandings relating to the subject
parties and supersedes all prior agreements g relating subject
hereof.
• IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
shown below.
Selva reserve, LL
By: ► . h. Florid• 'ioneers, Inc.,
Its •in �emb. •
/r q g
4%/ 4 tz--
• B TLaura L. rrante
Title: President
Date: October J, 2009
Selva Marina Country Club, Inc.
$y: Richard Redick
Title: President
Date: October 6.2009
By: James Geeslin
Title: Secretary
Date: October r_s_ 2009
Exhibits:
A- Drainage Easement for Club to Sherman Creek
B- Utility Easement for Club
C- Drainage Easement for SP over Driving Range Pond
Created on 10115/2009 11:00:00 AM Page 5 of 5
•
SELVA PRESERVE Page 1 of 3
Sec. 24-272. - Environmental assessment and protection of wetlands and environmentally sensitive
areas.
(a) Environmental assessment required. The wetlands and the environmentally sensitive areas maps
(Map A-2 and A-4) as contained within the city's comprehensive plan identify areas that are
presumed to have wetlands or significant environmental features. Where a development permit is
sought in such areas, an environmental assessment of the site and the potential for impacts to the
presumed resource shall be provided by the applicant seeking such permit.
(b) Where the environmental assessment determines that natural jurisdictional wetlands remaining
on the site have been damaged or degraded over time through previous development, storm
events, improper drainage runoff or other adverse activities, but where wetland vegetation and
habitat are predominant in quantity on a proposed development site, all plans submitted for
review or permitting shall demonstrate a plan for restoration, enhancement, mitigation or
recovery of remaining jurisdictional wetlands. Restated, it is the express intent of the city that no
net loss of jurisdictional wetlands occurs through any development action within the city.
(c) Buffers required from wetlands. The following upland buffers shall be required, except for lands
adjacent to isolated wetlands. Upland buffers shall be measured from the St.Johns River Water
Management District or Florida Department of Environmental Protection Wetland jurisdictional
line.
(1) For development occurring following the March 8, 2010, effective date of these amended land
development regulations, a natural vegetative buffer a minimum of fifty(50)feet in width shall
be required and maintained between developed areas and the tributaries, streams, or other
water bodies connected to the intracoastal waterway regardless of any other regulatory
agency requirement of a lesser distance. Such portions of these tributaries, streams, or other
water bodies subject to this buffer requirement shall be established by the presence of a
mean high water line for the applicable tributary, stream or other water body.
(2) A natural vegetative buffer, which is a minimum width of twenty-five (25)feet, shall be
maintained between development and all other jurisdictional wetlands not described in the
preceding paragraph. In cases where the minimum twenty-five-foot buffer is demonstrated to
be unreasonable or impractical, an averaged twenty-five-foot undisturbed buffer may be
provided.
(d) Exceptions to the upland buffer requirements.
(1) Man-made canals and stormwater facilities are not considered wetlands, although in some
cases, man-made navigable canals connected to waters of the state are protected under these
provisions or by regulations of state or federal agencies. Man-made canals and ponds clearly
excavated in uplands are not considered wetlands and are exempt from the wetland buffer
regulations.
(2) Determinations of vested rights which may supersede the requirement for the fifty-foot
upland buffer shall be made on a case-by-case basis in accordance with the land development
regulations and applicable Florida law.
(3)
ahnnt•hlanlr R/19/7015
SELVA PRESERVE Page 2 of 3
Single-family lots of record platted prior to January 1, 2002, shall be exempt from the fifty-foot
wetland buffer requirement, but shall be subject to the twenty-five-foot upland buffer
requirement as described in preceding subsection (c)(2).
(4) Waivers from the requirement to provide and maintain an upland buffer may be requested in
accordance with subsection 24-46(d) of this chapter, and where such waiver is approved, a
berm or swale to retain and filter stormwater runoff from the lot shall be created.
(5) Lots or portions of lots where a lawfully constructed bulkhead, retaining wall, revetment, or
the placement of rip-rap was in existence prior to the enactment of these regulations shall be
exempt from these buffer requirements.
(e) Maintenance and permitted activities within upland buffers. To protect water quality and wetland
functions, it is crucial to limit contamination, disturbance and clearing within upland buffer areas.
It is the intent of the city that required upland buffers shall be maintained in a substantially natural
and undisturbed state. With the exception of facilities to provide public access for the recreational
use of intracoastal related natural resources, any disturbance or clearing of required upland
buffers shall be in accordance with the following provisions. Native vegetation removed or
destroyed within the upland buffer is a violation of this code, and the property owner shall be
responsible for the restoration of the upland buffer upon order of the code enforcement board.
(1) The following activities are expressly prohibited in any required upland buffer:
a. Filling, dredging or soil compaction by heavy machinery;
b. Dumping of any kind including brush, tree and yard waste, weeds, lawn clippings, animal
or fish waste, litter and refuse of any type;
c. Removal of healthy native trees;
d. Clearing of any living native vegetation within the intertidal zone, which typically includes
marsh grasses and submerged aquatic vegetation;
e. Installation of sod, irrigation, non-native vegetation of any type or any type of plant
materials typically requiring the use of lawn pesticides and fertilizers or chemicals of any
kind.
(2) The following activities are permitted within a required upland buffer subject to obtaining a
buffer alteration permit from the city:
a. Removal of invasive vegetation following documented verification by the designated
administrative official.
b. Clearing of understory vegetation as defined by chapter 23 of the city's Municipal Code of
Ordinances, and any such clearing shall be approved by the city and if required, the
appropriate state or federal agency prior to any form of clearing, alteration or disturbance
of the required upland buffer.
c. Minimum clearing of upland and wetland vegetation necessary to construct a properly
permitted dock or other improvement to provide lawfully entitled access to navigable
waters in accordance with a validly issued and unexpired permit from the City of Atlantic
Beach, the Florida Department of Environmental Protection, the St.Johns River Water
Management District, and other entity having jurisdiction.
d.
4.1 ant- R/19/7(11 5
SELVA PRESERVE Page 3 of 3
Activities for the owner or occupant's enjoyment including typical backyard outdoor
furniture, gazebos and screen structures not exceeding one hundred (100) square feet in
size without electrical or plumbing service, but not swimming pools, spas or pool houses,
and provided that all other conditions of this section are met.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
ahnnt•hlank R/19/2015
DECLARATION OF DEED RESTRICTIONS
This Declaration made this Day of A.D., 2015, by
Selva Preserve LLC, a Florida Corporation, (hereinafter"Owner").
WHEREAS, the "Owner" owns the following described real property (hereinafter
"Property") lying and being in Duval County, Florida;
See attached Exhibit "A"
WHEREAS, "Owner" is desirous of creating deed restrictions for the maintenance, repair
and replacement upon the "Property".
NOW THEREFORE, "Owner" has located on such lot owner's lot Drainage Swales for
the purpose of managing and containing the flow of excess surface water found upon a lot from
time to time. Each lot owner shall be responsible for maintenance, operation and repair of this
surface water or stormwater management system located on such lot owner's lot. "Surface
Water or Stormwater Management System" means a system which is designed and constructed
or implemented to control discharges which are necessitated by rainfall events, incorporating
methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce
flooding, over drainage, environmental degradation, and water pollution or otherwise affect the
quantity and quality of discharges from the system, as permitted pursuant to Chapters 40C-4,
40C-40, or 40C-42, F.A.C.
Each lot owner shall be responsible for the maintenance, operation and repair of the swales on
their lot. Maintenance of the surface water or stormwater management system(s) shall mean the
exercise of practices which allow the systems to provide drainage, water storage, conveyance or
other surface water or stormwater management capabilities as permitted by the St. Johns River
Water Management District. Each lot owner shall be responsible for such maintenance and
operation. Any repair or reconstruction of the surface water or stormwater management system
shall be as permitted, or if modified as approved by the St. Johns River Water Management
District.
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 manmade phenomena, shall be
repaired and the Drainage Swale returned to its former condition as soon as possible by the
Owner of the Lot upon which the Drainage Swale is located.
Any amendment to these Deed Restrictions which alters the surface water or stormwater
management system, beyond maintenance in its original condition, must have the prior approval
of the St. Johns River Water Management District.
The St. Johns River Water Management District shall have the right to enforce, by a proceeding
at law or in equity, the provisions contained in this Deed Restriction which relate to the
maintenance, operation and repair of the surface water or stormwater management system.
NOW THEREFORE, "Owner" hereby imposes and creates the above described deed
restrictions upon the "Property" which restrictions shall run with the title to the Lots .
SELVA PRESERVE Page 1 of 2
Sec. 24-252. - Streets.
(a) Concept and principles. The character, width, grade and location of all streets and bridges shall
conform to the standards of this division and shall be considered in their relation to existing and
planned streets, to topographical conditions, to public convenience and safety, and in their
appropriate relation to the proposed use of the land to be served by the streets.
(b) Arrangement of streets. The arrangement of new streets within a subdivision or new development
project shall:
(1) Conform with the transportation element of the comprehensive plan.
(2) Be interconnected with the existing street system so as to provide for vehicular connections
between neighborhoods.
(3) New local streets shall be designed in a manner, which discourages use by through traffic.
(c) Access to paved streets required. Every lot, development parcel or new subdivision shall have access
to a paved street dedicated to public use, which has been accepted and maintained by the city. It
shall be the responsibility of the developer to design, construct and pave streets in accordance
with the requirements of division 5 of this article. A certificate of completion shall be issued prior
to acceptance of any public street by the city and prior to the issuance of any building permit to
develop individual lots or parcels.
(1) Any subdivision of land, which creates more than ten (10) residential lots shall provide two (2)
separate access points, unless other provisions, such as permanent easements, are made for
emergency ingress, and provided that such entrances will not adversely affect the street
system.
(2) New subdivisions, which utilize private security gates or other types of restricted access, shall
provide a universal emergency access system at each entrance.
(d) Private streets providing access to individual lots shall be constructed and maintained in
accordance with division 5 of this article. Provision for the continued private maintenance of any
private street shall be provided to the city prior to issuance of any building permit.
(e) Where the impact of new development can be demonstrated to reduce any transportation related
level of service standard as established by the adopted comprehensive plan, additional right-of-
way and roadway improvements may be required by the city to maintain adequate roadway
capacity, public safety or to ensure adequate access, circulation and parking.
(f) Reserve strips prohibited. Reserve strips prohibiting future access to public streets shall be
prohibited except where irrevocable control of such reserve strips is placed with the city.
(g) Intersections of right angles. Streets shall be designed to intersect as nearly as possible at right
angles, and no street shall intersect any other street at less than a sixty(60) degree angle. Offset
intersections, which may be created by new streets, shall be prohibited except where removal or
damage to any private protected tree or public protected tree may be avoided by such offset
intersection.
(h) Property lines rounded at intersections. Property lines at street intersections shall be rounded with a
radius of twenty(20) feet or a greater radius where required by the city. The city may permit
comparable cutoffs or chords in place of rounded corners.
(i) Minimum right-of-way and paving widths. Minimum street right-of-way and paving widths shall be as
ahrnit•hlank 8/19/2015
SELVA PRESERVE Page 2 of 2
follows, unless otherwise indicated or required by law:
STREET TYPE RIGHT-OF-WAY PAVING WIDTH
Minor Collector Street 60 feet 24 feet
Local Street: Without curb and gutter 60 feet 20 feet
Local Street: With curb and gutter 50 feet 24 feet
Cul-de-sacs and loop streets not 60 feet* 20 feet*
exceeding 1500 feet in length: Without
curb and gutter
With curb and gutter 50 feet* 20 feet*
Alley: Commercial • 30 feet 12 feet
Alley: Residential 20 feet 10 feet
* Required for linear portion of cul-de-sacs and loop streets.
See following subsection (i)for dimension of turn-arounds.
(j) Dead-end streets. Dead-end streets, designed to be so permanently, shall be prohibited except
when designed as cul-de-sacs.These streets are limited to one thousand (1,000)feet in length;
however, the city may approve cul-de-sacs of greater lengths, where due to topographic
conditions, design consideration, or number of lots to be located on the same, a greater length
may be deemed necessary. A circular turnaround shall be provided at the terminus of the cul-de-
sac. The circular area shall contain right-of-way with a diameter of not less than seventy-five (75)
feet as measured from adjoining property lines. The diameter of the paved area shall be not less
than sixty (60)feet as measure from edge of curb.The city may authorize a "T" type design of
proper size for vehicular turnaround as required by the director of public works. Temporary
turnarounds shall be provided at the end of streets, which are to be extended in the later stages or
phases of the development.
(k) Street names and house numbers. The assignment of addresses shall be determined by the building
official.
(Ord. No. 90-10-212, § 2(Exh. A), 3-8-10)
ahnnt•hlank 8/19/2015
IN WITNESS WHEREOF, Selva Preserve LLC has executed this easement the day and
year first above written.
WITNESSES:
SELVA PRESERVE, LLC
(Sign) BY:
(Print) TITLE:
(Sign) ADDRESS:
(Print)
STATE OF FLORIDA
COUNTY OF DUVAL
Before me personally appeared
existing under the laws of the State of Florida, who executed the foregoing
Easement and acknowledged the execution thereof to be his own free act and
deed as such officer thereunto duly authorized, and that the official seal of said
corporation is duly affixed thereto, and the said conveyance is the act and deed
of said corporation. He is personally known to me and did not take an oath.
WITNESS my hand and official seal this Day of
, 2015.
Sign:
Print:
Notary Public In and for the County and
State Aforesaid
My Commission Expires:
a;c. St. Johns R
9"' Water Management District
a'VnoeroE't` 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 floridaswater.com.
August 14, 2015
Selva Preserve LLC
248 Levy Rd
Atlantic Bch, FL 32233-2614
SUBJECT: 120212-2
Selva Preserve
Dear Madam:
Enclosed is your individual permit issued by the St. Johns River Water Management District on
August 14, 2015. 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 floridaswater.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 nonfinal 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
floridaswater.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
floridaswater.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 Carla Yetter,TREASURER
ORLANDO OCALA ORLANDO FERNANDINA BEACH
Douglas C.Bournique Douglas Burnett Maryam H.Ghyabi Ron Howse George W.Robbins
VERO BEACH ST.AUGUSTINE ORMOND BEACH COCOA JACKSONVILLE
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.floridaswater.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, Bureau Chief
Bureau of Regulatory Support
St. Johns River Water Management District
4049 Reid Street
Palatka, FL 32177-2529
(386) 329-4570
Enclosures: Permit
cc: District Permit File
Consultant: James M Lucas
J. Lucas &Associates, Inc.
1305 Cedar St
Jacksonville, FL 32207-8553
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
"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.orp/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.
II
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,
may by or liabilities that ma arise b reason of the construction, alteration, operation,
b
maintenance, removal, abandonment or use of any project aut horized by the p ermit.
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
req P
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.
li 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
Clerkftsjrwmd.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
II
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
Dear Permittee: NOTICING INFORMATION
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, 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,
•DC44-u-z—I
Margaret Daniels, Bureau Chief
Bureau of Regulatory Support
I
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
11 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-
11 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
11 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.
0
0
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I
ANT-6\ DEPARTMENT OF THE ARMY
•:'. r..n�:n.4\
a� ;a? JACKSONVILLE DISTRICT CORPS OF ENGINEERS
a' ^��A. P.O,BOX 4970
�, �.. JACKSONVILLE,FLORIDA 32232
�. per REPLY TO
4,sT+res0,p ATTENTION OF
Regulatory Division April 30, 2014
North Permits Branch
Jacksonville Permits Section
SAJ-1992-00736 (SP-BAL)
Modification-3
Ms. Laura Ferrante
Selva Preserve, LLC
248 Levy Road
Atlantic Beach, FL 32233
Dear Ms. Ferrante:
The U.S. Army Corps of Engineers (Corps) has completed the review and evaluation
of your modification request, received on February 20, 2014, in which you ask
revise the plans authorized by Department of the Army y asked to
issued to the Atlantic Beach Country Club y permit number SAJ-1992.00736,
dated October 22, 2009. The project site is located(previously southeast of the Atlantic Club),
Country Club and west of Selva Marina Drive, in Sections 16 & 17, Township BeSoh
Range 29 East, Atlantic Beach, Duval County, Florida. p 2 South,
The proposed modification would replace the modification granted on September
2010. The modification was to develop a 12-lot residential community that resulted
the discharge of fill material in 1.47 acres of waters of the U.S. p ber 13,
mitigation, 0.8 mitigation credits would be purchased and 2.44 at d
As compensatory
a perpetual conservation easement. The modification is no longer authorized. The ne
acres would be placed in
modification consists of the discharge of fill material in 1.86 acres of waters of the
United States (1.78 acres of wetlands and 0.08 acre of ditches) to construct a - new
residential community. The modification must be completed in accordance with tot
enclosed construction drawing, which is incorporated in, and made a part of the permit.
The following special conditions replace the special conditions from the p r13,
2010 modification: e September 13,
1. Within 30 days from the date of initiating the authorized work the Permittee shall
provide verification to the Corps that 1.05 credits have been purchased from the Lob
Mitigation Bank. The required verification shall reference this project's permit nu Loblolly
SAJ-1992-00736 and be sent to Ms. Dianne Griffin, U.S. Army Corps of Engineers,
Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, tuber
2. The Permittee shall avoid the remaining 1.33 acres of onsite wetlands.
sonviile, FL 32232.
natural wetland areas were avoided as part of the permit application review process and
-2-
2. The Permittee shall avoid the remaining 1.33 acres of onsite wetland areas were avoided as part of the
therefore wetland
not areas s were avoided
by any as
a filling, nsce wetlands. These
therefore activities,disturbed re by any dredging, permit mit cpan zed l land clearing,
process and
g, mechanized land cresery
right to deny review of any requests for future impacts to these Corps reserves the
In addition, you requested a se natural wetland areas.
partial transfer of the Selva Marina Count
for the 9-lot residential community.
Laura Ferrante, Se ti Preserve, LLC The permit has been Country Club permit
Laura r this e The U.S. Army partially transferred to Ms.
y Corps of Engineers recorded the
p ►mit in our computer database and the notification is part of the file. Be advised you are now responsible for adhering to
limitations of the permit. Although all works authorized must he official
specific time of trait, the permit Although all its co g co the completed and
conditions and limitations does not within
The impact of your proposal on navigation and the environment expire.
and found to be insignificant. The
request. You should attach this letter permit is permit. nn act has been reviewed
hereby modified othe in conditions accordance with your
remain in full force and effect. All other conditions of the permit
If you have any questions concerning this permit modification,
project manager Bev Lawrence at the letterhead address, by telephone or by please contact the
y electronic mail at beverlee.a.lawrence@usace.army.mil.
ylephone at 904-232-
kyou for your cooperation with @usace.army.mil.
District Regulate h our permit program. The Corps' Jacksonville
Regulatory Division is committed to improving service to our customer
environment. We invite you to complete our automated Customer Service s We
strive to perform our duty in a friendly and timely manner while ironme
environment. W.usace.arm working Surerye our
this Internet address is case sensitive;ilcmapex/f? g Survey e
p-re ulatory survey Please be aware
appears above. Your input is appreciated ' y°U will need to enter it exactly as it
-favorable or otherwise.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Gt(1 /� lAlan M. D&dd
Colonel, U.S. Arm
District Commander
Enclosures
Copies Furnished:
Mr. Ryan Carter, Carter Environmental Services, 7 Waldo S
CESAJ-RD-PE St., St. Augustine, FL 32084
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A.•licant: Selva Preserve, LLC
File Number: SAJ-1992-00736 Date: 4/30/2014
Attached is:
See Section below
MN INITIAL PROFFERED PERMIT Standard Permit or Letter of •ermission
A
MI PROFFERED PERMIT Standard Permit or Letter of •ermission
B
111111 PERMIT DENIAL
C
INN APPROVED JURISDICTIONAL DETERMINATION
D
MN PRELIMINARY JURISDICTIONAL DETERMINATION
E
'$ECT . . -'-'1:fito1oi4 ikiWitiffetydtef1ti*ititfiVabeifigi*Vatill"--dn'Atrit1***41W1H4466VediiciViiii'.3"'
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A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit you may sign the permit document and return it to the district engineer
for final authorization. If you received a Leper of Permission (LOP) you may accept the LOP and your work is
authorized Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in
its entirety, and waive all rights to appeal the permit, including its terms and conditions and approved jurisdictional
determinations associated with the permit
• OBJECT: If you object to the permit(Standard or LOP) because of certain terms and conditions therein,you may
request that the permit be modified accordingly. You must complete Section li of this form and return the form to the
district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,
or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will
evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to
address some of your objections, or(c) not modify the permit having determined that the permit should be issued as
Previously written. After evaluating your objections, the district engineer will send you a proffered permit for your
reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT If you received a Standard Permit you may sign the permit document and return it to the district engineer
for final authorization. If you received a Letter of Permission(LOP), you may accept the LOP and your work is
authorized Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in
its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional
determinations associated with the permit
• APPEAL: If you choose to decline the proffered permit(Standard or LOP) because of certain terms and conditions
therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the
division engineer within 60 days of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal
Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days
of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the
approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer.
This form must be received by the division engineer within 60 days of the date of this notice.
E. PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary IN
The Preliminary JO is not appealable. If you wish, you may request an approved JD(which may be
appealed) by contacting the Corps district for further instruction. Also you may provide new information for further
consideration by the Corps to reevaluate the JD.
r
~SECTION!If 'REQUEST'FOR.APPEAL or<:OBJECTIONS TO AN INITIAL PROFFERED
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for a
an initial proffered permit in clear concise statements. You may attach additional information
your reasons or objections are addressed in the administrative record.) appealing the decision or your objections to
tion to this form to clarify when
I
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative r
the record of the appeal conference or meeting, and any supplemental information that
is needed to clarify the administrative record. Neither the appellant nor the Corps m record, the Corps memorandum for
administrative mi record. However, you may provide additional information to clarify the location of review officer has determined
admerrecord. record.
P may information new ion that th
P,pjhi reformation that is already in the
#Er x SflOrr�s OR 1N.OR
If you have questions regarding this decision and/or t>4eATI�?M y..
appeal process you may contact: If ou only have questions regarding the appeal process
Project Manager as noted in letter you may also contact:
Jason Steele
RIGHT OF ENTRY: 404-562-5137
Your signature below grants the right of entry to Corps of Engineers personnel, and a
government consultants, to conduct investigations of the project site during the course of the
be provided a 15 da notice of an site investi.ation, and will have the o• any
appeal process. You will
portuni to participate in all site investi.ations.
Date:
Signature of appellant or agent. Telephone number:
Wetland Impact 1
+/-0.40 ac. „..� .
'V.1F.A,1::::,TA 7'',:71,",.;:- .+.7.1.1
J1
.11AttY+e T y,.r?
♦yf- ,-f
r V. 7..
Wetland Impact 2 ' ' ~° r
+/-0.79 ac. R ��� v.
w
/_A, 7
a
,Yi1i/K/.: _.
4 ,,
■-•'=. 441
Legend
v
Site Plan ��i r,
Wetland Impact 3 _rear
,f
Wetland Line (.
+/-0.55 ac.
Wit IC
COProjectArea+1-721 ac.
���
i >.
i Wetland Impact+/-1.74 ac. .;'!` Al
Wetlands to Remain+/-1.33 ac.
=1 Off Site Wetland Impact+/-0,04 ac.
Water of the US Impact+/-0.08 ac.
20 Water of the US+/-0.48 ac
0 75 150
111
Feet
InfopnaUpn represented on this map is for planning f
w purposes only
V
6
ICARTER ENVIRONMENTAL ACOE
SR ENVIRONMENTAL INC.
Proposed Site Conditions Project: 508000
l WafnO slrMit
St..4ugua1Lle.FL3203` Selva Preserve
3ga.;rr,.a 7;3e a Date:
7 March.9014
wsvu carreranvcom Duval County Florida
Figure: .l