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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. C oar 4 �!Y 14 F 4 T A" Legend Project Area CARTER ENVIRONMENTAL Location Map Project 5.08007 SERVICES,INC. 7 Mldo ftW Selva Preserve Dam: October 2013 Duval County, Florida Figure: 1 n� ut� i �n1 1 Legend Project Area +/- 7.21 ac - Wetland Restoration +1- 0.70 ac. ! Wetland Creation +1- 0.46 ac t Wetland Enhancement +I- 2.07 ac. --, Wetland -Cut Ditch +1- 0.36 ac. Canal +/- 0.22 ac. o ps ua Fmt Yu4p: EWAE41Pl Mphy Inbrmalonn mYtl antlw mqb M'pbnNlp n,ivWx� WY. ( %RII I1:N\ HONMENTAL Conservation Area OveNleW A SHIN R ES, INC. CM1-1d*�— Selva Preserve St Auuputl, FL UO canere u Puni.& 508007 Duval County, FL Date. Jul 052016 Figure'. 3 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