Selva Preserve - Army Corps of Engineers Permit 07.25.2016Salva Preserve, LLC
Attn: Ms. Laura Ferrante
248 Levy Road
Atlantic Beach, Florida 32233
Dear Ms. Ferrante
The U.S. Army Corps of Engineers (Corps) has completed the review and evaluation
of your Department of the Army permit application, number SAJ-1992-00736. Our
regulations require that you have an opportunity to review the terms and conditions prior
to final signature by the Department of the Army. Enclosed is an unsigned Department
of the Army permit instrument (permit).
Please read carefully the Special Conditions beginning on page 2 of the permit.
These were developed to apply specifically to your project. Water Quality Certification
is also required prior to issuance of a permit. The Corps has received a copy of the
State of Florida certification for your project. In accordance with General Condition 5 of
the permit, any special conditions of the Water Quality Certification have been attached
to the Department of the Army permit.
Instructions for Objecting to Permit Terms and Conditions: This letter contains
an initial proffered permit for your proposed project. If you object to certain terms and
conditions contained within the permit, you may request that the permit be modified.
Enclosed you will find a Notification of Administrative Appeal Options and Process fact
sheet and Request for Appeal (RFA) form. If you choose to object to certain terms and
conditions of the permit, you must follow the directions provided in Section 1, Part A and
submit the completed RFA form to the letterhead address.
In order for an RFA to be accepted by the Corps, the Corps must determine that it is
complete, that it meets the criteria under 33 CFR Part 331.5, and that it has been
received by the District office within 60 days of the date of the RFA. Should you decide
to submit an RFA forth, it must be received at the letterhead address by September 23,
2016.
DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
POST OFFICE BOX 0970
JACKSONVILLE, FLORIDA 33332
July 25, 2016
IMPLY TO
•TIENIX)X OF
Regulatory Division
North Permits Branch
Jacksonville Permits Section
SAJ-1992-00736
Salva Preserve, LLC
Attn: Ms. Laura Ferrante
248 Levy Road
Atlantic Beach, Florida 32233
Dear Ms. Ferrante
The U.S. Army Corps of Engineers (Corps) has completed the review and evaluation
of your Department of the Army permit application, number SAJ-1992-00736. Our
regulations require that you have an opportunity to review the terms and conditions prior
to final signature by the Department of the Army. Enclosed is an unsigned Department
of the Army permit instrument (permit).
Please read carefully the Special Conditions beginning on page 2 of the permit.
These were developed to apply specifically to your project. Water Quality Certification
is also required prior to issuance of a permit. The Corps has received a copy of the
State of Florida certification for your project. In accordance with General Condition 5 of
the permit, any special conditions of the Water Quality Certification have been attached
to the Department of the Army permit.
Instructions for Objecting to Permit Terms and Conditions: This letter contains
an initial proffered permit for your proposed project. If you object to certain terms and
conditions contained within the permit, you may request that the permit be modified.
Enclosed you will find a Notification of Administrative Appeal Options and Process fact
sheet and Request for Appeal (RFA) form. If you choose to object to certain terms and
conditions of the permit, you must follow the directions provided in Section 1, Part A and
submit the completed RFA form to the letterhead address.
In order for an RFA to be accepted by the Corps, the Corps must determine that it is
complete, that it meets the criteria under 33 CFR Part 331.5, and that it has been
received by the District office within 60 days of the date of the RFA. Should you decide
to submit an RFA forth, it must be received at the letterhead address by September 23,
2016.
-2 -
Instructions for Accepting Terms and Conditions and Finalizing Your Permit: It
is not necessary to submit an RFA form to the District office, if you do not object to the
decision in this letter. In this case, the permit must be signed by the applicant in the
space provided on the signature page of the permit. In the case of corporations,
acceptance must be by an officer of that corporation authorized to sign on behalf of the
corporation. The party responsible for assuring the work is done in accordance with the
permit terms and conditions must sign the permit. Please type or print the name and
title of the person signing below the signature and the date signed.
SIGN (PAGE 6) AND RETURN THE ENTIRE PERMIT, INCLUDING ALL
ATTACHMENTS, TO THE LETTERHEAD ADDRESS, ALONG WITH A CHECK
OR MONEY ORDER FOR $100.00 MADE PAYABLE TO THE FINANCE AND
ACCOUNTING OFFICER, JACKSONVILLE DISTRICT.
The permit will be signed by the District Engineer or his representative. The Corps
will add the permit expiration date to the permit, the permit issuance date on the Notice
of Department of the Army Permit form, and return the permit to you. It is important to
note that the permit is not valid until the District Engineer or his representative signs it.
Thank you for your cooperation with our permit program. The Corps' Jacksonville
District Regulatory Division is committed to improving service to our customers. We
strive to perform our duty in a friendly and timely manner while working to preserve our
environment. We invite you to complete our automated Customer Service Survey at
http://corpsmapu.usace.army.mil/cm—apex/f?p=regulatory survey. Please be aware
this Internet address is case sensitive; and, you will need to enter it exactly as it
appears above. Your input is appreciated — favorable or otherwise.
If you have any questions concerning this application, you may contact Mark Evans in
writing at the letterhead address, by electronic mail at mark.r.evans@usace.army.mil, or
by telephone at 904-232-2028.
Sin
Donald W. Kina�
Chief, Regulatory Division
Enclosures
Copy Fumished (w/o encls):
Mr. Ryan Carter, CES, 7 Waldo Street, St. Augustine, Florida 32084
R
A"pphcant. Salva Preserve LLC File Number: SAJ-1992-00736 Data: July 25 2016
Attached is: See Section below
X INITIAL PROFFERED PERMIT Standard Penni[ or Letter of ernission A
PROFFERED PERMIT Standard Permit or Letter of nnission B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
- The following identifies your; tiveappeal of the above decision. Additional
,may be found at : /www. ` z or Co s ulations at 33 CFR Part331.
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 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 entirely, and waive all rights to appeal the
permit, including its farms 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 II 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 dale 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 acceptor appeal the permit
ACCEPT: If you received a Standard Farrah, 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
penmd, including its terms and conditions, and approved jurisdictional determinations associated with the pennit.
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 entirely, 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 forth 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 JD.
The Preliminary JD is not appealable. If you wish, you may request an approved JD (which maybe 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.
CTION II -REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to
an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where
your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for
the record of the appeal conference or meeting, and any supplemental information that the review officer has determined
is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses
to the record. However, you may provide additional information to clarify the location of information that is already in the
administrative record.
INT OF CO NS OR INFORMATION:
If you have questions regarding this decision you may If you have questions regarding the appeal process you
contact: may contact:
Jason W. Steele
Project Manager as noted In letter Administrative Appeals Review Officer
USAGE - South Atlantic Division
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
404 5625137
RIGHT OF ENTRY: Your signature below grams the right of
entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project
she during the course of the appeal process. You will
be provided a 15 day notice of any site investigation, and will
have the opportunity to particip!! in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
DEPARTMENT OF THE ARMY PERMIT
Permittee: Selva Preserve, LLC
Attn: Ms. Laura Ferrante
248 Levy Road
Atlantic Beach, Florida 32233
Permit No: SAJ-1992-00736
Issuing Office: U.S. Army Engineer District, Jacksonville
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee
or any future transferee. The term "this office" refers to the appropriate district or
division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the
permitted activity or the appropriate official of that office acting under the authority of the
commanding officer.
You are authorized to perform work in accordance with the terms and conditions
specified below.
Protect Description: The permittee is authorized to discharge clean fill material over a
total of 1.12 acres of waters of the United States (wetlands) to facilitate the
establishment of a residential subdivision. The work described above is to be
completed in accordance with the 5 pages of drawings and 3 attachments affixed at the
end of this permit instrument. The permittee also is authorized to implement the work
associated with the attached City of Atlantic Beach Mitigation Plan, which would result
in the creation, restoration, and enhancement of wetlands.
Project Location: The project site is located north of 11'h street, east of Linkside Drive,
and west of Sherman Creek, in Section 16, Township 2 South, Range 29 East, Atlantic
Beach, Duval County, Florida. The project affects waters wetlands associated with
Sherman Creek, a tributary of Puckett Creek.
Approximate Central Coordinates: Latitude: 30.3367°
Longitude: -81.4043°
Permit Conditions
General Conditions
1. The time limit for completing the work authorized ends on
If you find that you need more time to complete the authorized activity, submit your
request for a time extension to this office for consideration at least one month before the
above date is reached.
PERMIT NUMBER: SAJ-1992-00736
PERMITTEE: Selva Preserve, LLC
PAGE 2 of 8
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish
to cease to maintain the authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and State coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for
listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature
and the mailing address of the new owner in the space provided and forward a copy of
the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you
must comply with the conditions specified in the certification as special conditions to this
permit. For your convenience, a copy of the certification is attached if it contains such
conditions.
6. You must allow representatives from this office to inspect the authorized activity at
any time deemed necessary to ensure that it is being or has been accomplished in
accordance with the terms and conditions of your permit.
Special Conditions:
1. Reporting Address: The Permittee shall submit all reports, notifications,
documentation, and correspondence required by the general and special conditions of
this permit to the following address:
a. For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Special
Projects and Enforcement Branch, Post Office Box 4970, Jacksonville, Florida 32232-
0019.
b. For electronic mail CESAJ-ComplyDocs@usace.army.mil (not to exceed 10 MB).
The Permittee shall reference this permit number, SAJ-1992-00736, on all submittals.
PERMIT NUMBER: SAJ-1992-00736
PERMITTEE: Salva Preserve, LLC
PAGE 3 of 8
2. Commencement Notification: Within 10 days from the date of initiating the work
authorized by this permit, the Permittee shall provide a written notification of the date of
commencement of authorized work to the Corps.
3. Erosion Control: Prior to the initiation of any work authorized by this permit, the
Permittee shall install erosion control measures along the perimeter of all work areas to
prevent the displacement of fill material outside the work area into waters of the United
States. Immediately after completion of the final grading of the land surface, all slopes,
land surfaces, and filled areas shall be stabilized using sod, degradable mats, barriers,
or a combination of similar stabilizing materials to prevent erosion. The erosion control
measures shall remain in place and be maintained until all authorized work is completed
and the work areas are stabilized.
4. Fill Material: The Permittee shall use only clean fill material for this project. The fill
material shall be free from items such as trash, debris, automotive parts, asphalt,
construction materials, concrete block with exposed reinforcement bars, and soils
contaminated with any toxic substance, in toxic amounts in accordance with Section
307 of the Clean Water Act.
5. Mitigation Bank Credit Purchase: Within 30 days from the date of initiating the
work authorized by this permit, the Permittee shall provide verification to the Corps that
0.6 palustrine forested federal mitigation bank credits have been purchased from the
Greens Creek Mitigation Bank (SAJ-2008-04255). The required verification shall
reference this project's permit number (SAJ-1992-00736).
6. Wetland Avoidance Areas: Except as authorized by this permit, the Permittee shall
avoid the remaining onsite wetlands. These wetland areas were avoided as part of this
permit application review process; and, therefore, the remaining wetland areas will not
be disturbed by any activities that would degrade the ecological integrity of the site
including dredging, filling, land clearing, or other construction work whatsoever except
as required or authorized by this permit. The Corps reserves the right to deny review of
any requests for future impacts to these avoided wetland areas.
7. Agency Changes/Approvals: Should any other agency require and/or approve
changes to the work authorized or obligated by this permit, the Permittee is advised a
modification to this permit instrument is required prior to initiation of those changes. It is
the Permittee's responsibility to request a modification of this permit from the
Jacksonville Permits Section. The Corps reserves the right to fully evaluate, amend,
and approve or deny the request for modification of this permit.
PERMIT NUMBER: SAJ-1992-00736
PERMITTEE: Selva Preserve, LLC
PAGE 4 of 8
8. Notice of Permit: The Permittee shall complete and record the "Notice of
Department of the Army Permit" form with the Clerk of the Circuit Court, Registrar of
Deeds or other appropriate official charged with the responsibility of maintaining records
of title to or interest in real property within the county of the authorized activity. Within
90 days from the effective date of this permit, the Permittee shall provide a copy of the
recorded Notice of Permit to the Corps clearly showing a stamp from the appropriate
official indicating the book and page at which the Notice of Permit is recorded and the
date of recording.
9. Self -Certification: Within 60 days of completion of the work authorized by this
permit, the Permittee shall complete the attached Self -Certification Statement of
Compliance form and submit it to the Corps. In the event that the completed work
deviates in any manner from the authorized work, the Permittee shall describe the
deviations between the work authorized by this permit and the work as constructed on
the Self -Certification Statement of Compliance form. The description of any deviations
on the Self -Certification Statement of Compliance form does not constitute approval of
any deviations by the Corps.
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity
described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344)
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413)
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State, or local
authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed
Federal projects.
PERMIT NUMBER: SAJ-1992-00736
PERMITTEE: Salva Preserve, LLC
PAGE 5 of 8
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not
assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted
or unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or
revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this
permit is not contrary to the public interest was made in reliance on the information you
provided.
5. Reevaluation of Permit Decision: This office may reevaluate its decision on this
permit at any time the circumstances warrant. Circumstances that could require a
reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to
have been false, incomplete, or inaccurate (see 4 above).
c. Significant new information surfaces which this office did not consider in
reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the
suspension, modification, and revocation procedures contained in 33 CFR 325.7 or
enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order
requiring you comply with the terms and conditions of your permit and for the initiation of
legal action where appropriate. You will be required to pay for any corrective measures
PERMIT NUMBER: SAJ-1992-00736
PERMITTEE: Salva Preserve, LLC
PAGE 6 of 8
ordered by this office, and if you fail to comply with such directive, this office may in
certain situations (such as those specked in 33 CFR 209.170) accomplish the
corrective measures by contract or otherwise and bill you for the cost.
6. Extensions: General Condition 1 establishes a time limit for the completion of the
activity authorized by this permit. Unless there are circumstances requiring either a
prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an
extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with
the terms and conditions of this permit.
(PERMITTEE) (DATE)
(PERMITTEE NAME -PRINTED)
This permit becomes effective when the Federal official, designated to act for the
Secretary of the Army, has signed below.
(DISTRICT ENGINEER) (DATE)
Jason A. Kirk, P.E.
Colonel, U.S. Army
District Commander
PERMIT NUMBER: SAJ-1992-00736
PERMITTEE: Salva Preserve, LLC
PAGE 7 of 8
When the structures or work authorized by this permit are still in existence at the time
the property is transferred, the terms and conditions of this permit will continue to be
binding on the new owner(s) of the property. To validate the transfer of this permit and
the associated liabilities associated with compliance with its terms and conditions, have
the transferee sign and date below.
(TRANSFEREE -SIGNATURE) (DATE)
(NAME -PRINTED)
(ADDRESS)
(CITY, STATE, AND ZIP CODE)
PERMIT NUMBER: SAJ-1992-00736
PERMITTEE: Salva Preserve, LLC
PAGE 8 of 8
Attachments to Department of the Army
Permit Number SAJ-1992-00736
1. PERMIT DRAWINGS: 5 pages, dated January 2016 and July 2016
2. WATER QUALITY CERTIFICATION: 11 pages, Specific Conditions of the water
quality permittcertification in accordance with General Condition number 5 on page 2 of
this DA permit
3. CITY OF ATLANTIC BEACH MITIGATION PLAN: 5 pages
4. RECORD PERMIT FORM: 2 pages
5. SELF -CERTIFICATION FORM: 1 page
4.
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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
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 2006), 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,"[30-1-13], incorporated by reference herein
(http://www.flrules.ora/Gateway/reference aso9No=Ref-025051, 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 fife 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 parry:
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 thm 12.3.3 of Volume 1) as filed with the Department of
State, Division of Corporations and a copy of any easement, plat, or deed restriction
needed to operate or maintain the project, as recorded with the Clerk of the Court in
the County in which the activity is located.
b. Within 30 days of submittal of the as- built certification, the permittee shall submit
"Request for Transfer of Environmental Resource Permit to the Perpetual Operation
Entity" [Form 62-330.310(2)] to transfer the 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 appy 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, N 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. O. Box 1429, Palatka Florida
32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at
Clerk0sirwmd.com, within twenty-six (26) days of the District depositing the nonce of
District decision in the mail (for those persons to whom the District malls 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. It 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 parry 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 nofity all the parties in writing that the
administrative hearing process under Sections 120.569 and 120.57, Florida Statutes, is
resumed. Even if a parry 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 /loridaswater.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 parry to the proceeding, in accordance with the requirements set forth
above.
7. Pursuant to Section 120.68, Florida Statutes, a parry 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, atter 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
7X ,Ztrou d
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 Districts 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 Districts 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 comphancesuppori ftrwmd. 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,
7X
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 fled 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.comtnor 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
The Alachua County Record, Legal Advertising
P. O. Box 806
Gainesville, FL 32602
352-377-2444/fax 352-338-1986
BRAFORD
Bradford County Telegraph, Legal Advertising
P. O. Drawer A
Starke, FL 32901
904964-6305/ fax 904-964-8628
CLAY
Clay Today, Legal Advertising
1560 Kinsley Ave., Suite 1
Orange Park, FL 32073
904-2643200/ fax 904-264-3285
FLAGLER
Flagler Tribune, c/o News Journal
P. O. Box 2831
Daytona Beach, FL 32120-2831
386-681-2322
LAKE
Daily Commercial, Legal Advertising
P. O. Drawer 490007
Leesburg, FL 34749
352-365-8235Ifax 352-365-1951
NASSAU
News -Leader, Legal Advertising
P. O. Box 766
Fernandina Beach, FL 32035
904-261-3696/fax 904-261-3698
ORANGE
Sentinel Communications, Legal Advertising
633 N. Orange Avenue
Orlando, FL 32801
407-420-5160/ fax 407-420-5011
PUTNAM
Palatka Daily News, Legal Advertising
P. O. Box 777
Palatka, FL 32178
386-312-5200/ fax 386-312-5209
SEMINOLE
Seminole Herald, Legal Advertising
300 North French Avenue
Sanford, FL 32771
407-323-9408
BAKER
Baker County Press, Legal Advertising
P. O. Box 598
Maclenny, FL 32063
904-259-2400/ fax 904-259-6502
BREVARD
Florida Today, Legal Advertising
P. O. Box 419000
Melbourne, FL 32941-9000
321-242-38321 fax 321-242-6618
DUVAL
Daily Record, Legal Advertising
P. O. Box 1769
Jacksonville, FL 32201
904-356-2466 / fax 904-353-2628
INDIAN RIVER
Vero Beach Press Journal, Legal Advertising
P. O. Box 1268
Vero Beach, FL 32961-1268
772-221-0282/fax 772-978-2340
MARION
Ocala Star Banner, Legal Advertising
2121 SW 19th Avenue Road
Ocala, FL 34474
352-867-40101fax 352-867-4126
OKEECHOBEE
Okeechobee News, Legal Advertising
P. O. Box 639
Okeechobee, FL 34973-0639
863-763-3134/fax 863-763-5901
OSCEOLA
Little Sentinel, Legal Advertising
633 N. Orange Avenue
Orlando, FL 32801
407420-5160/ fax 407-420-5011
ST. JOHNS
St. Augustine Record, Legal Advertising
P. O. Box 1630
St. Augustine, FL 32085
904-819-3436
VOLUSIA
News Journal Corporation, Legal Advertising
P. O. Box 2831
Daytona Beach, FL 32120-2831
(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 Daboun 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.
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,
hrc. 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 virginiam), and mid -canopy trees such as Dahoun
Holly (Ilex cassine) and Myrtle leaf Holly (Ilex myrhfolia). 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.), Sweethay (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,
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 awes 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
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.
• Hvdrology_: 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. Photoeranhs: 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.
Selva Preserve
Duval County, Florida
4.9 Maintenance
July 2016
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.
Prepared by:
Permittee: _
Address:
Phone:
TAKE NOTICE the U.S. Army Corps of Engineers (Corps) has issued Department of the
MArm Permit SAJ-1992-00736 to Selva Preserve, LLC (Permittee) on XXXXXX XX,
, 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 pernit 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:
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
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