fee schedule for permits associated servicesdnhiggins.com/docs/2016000231 additional...

Failure to Obtain a Permit Prior to Commencing WorkWill Result in a Penalty of Up to Quadruple the Original Fee of 2

Charlotte County Community Development Department

18400 Murdock Circle, Port Charlotte, FL 33948‐1074

Phone: 941.743.1201 Fax: 941.764.4907 Zoning: 941.743.1964 Toll Free from Englewood: 941.697.2919

Email: [email protected] www.CharlotteCountyFL.gov

“To exceed expectations in the delivery of public services”

Official Use Only

Fee Schedule for Permits & Associated Services Building, Right‐of‐Way, Zoning, Planning & Mapping

(Surcharges Amended & Effective on October 1, 2010 in accordance with Section 553.721 of the Florida Statutes)

Valuation Based Permits (note: a 3% Surcharge, $4 minimum, is added to the fee; Plans Review Fees may also apply) The following permit types have their fee based on building valuation. Valuation comes from the most recent Building Valuation Data (BVD) normally published each February & August by the International Code Council (ICC) on the ICC website www.iccsafe.org Only a signed and sealed contract may be substituted for valuation purposes in order to appeal the calculated fee and only if the contract includes all phases of construction including contractor overhead and profit.

• One & Two Family, Commercial and Multifamily types less than $50,000 in valuation: = $90• One & Two Family types more than or equal to $50,000 in valuation: = Valuation x 0.004 = Permit Fee

• Commercial & Multifamily types more than or equal to $50,000 in valuation: = Valuation x 0.005 = Permit Fee

Flat Fee Based Permits (unless valuation is at or above $50,000 (note: a $4 Surcharge is added to the fee))

These permits MAY be eligible for a discounted fee of $45 each plus the $4 surcharge each if the following conditions are met: 1) The

permits are for individual units in one condo building OR are consecutive houses on the same street, 2) The permits are all of the same

type for the same work, 3) More than 10 (ten) permits are required, and 4) Inspections are called in in multiples of five or more.

Flat Fee for the following: = $90 Baby Barrier Barn Boatlift Cage Carport Communication Tower Deck Demolition Dock

Door Electrical Power Pole Electrical Service Change Fire Alarm Fire Sprinkler Fire Suppression System Fuel Tank Hood Suppression

Hurricane Protection

Irrigation System Kitchen Hood LP Tank Parking Lot Milling Parking Lot Restripe Parking Lot Resurface Pool Heater Plumbing

Sewer Connection

Shed (Stick Built) Shed (DCA > 100 sq. ft.) Solar Photovoltaic Spray Booth Sign Tent Water Heater Window Replacement

Special Flat Fee Based Permits (unless valuation is at or above $50,000 (note: a $4 Surcharge is added to the fee))

Flat Fee for the following: = $200 DCA Home Garage

Plans Review*/Inspections

Mobile Home Residential Addition

Residential Interior Remodel Swimming Pool

Pre‐Application (this fee is credited towards the permit fee Plans Amendment/Change: when the permit is issued):

• Single Family Residential Types

=

$150 • Residential

• Commercial

=

=

$50

$75• Commercial/Multifamily Types = $200 Re‐Stamp of Plans: = $50

Plans Review Rejection:

• 1st Rejection

=

$0

Re‐Inspections:• 1st Re‐Inspection

= $50

• 2nd Rejection = $75 • 2nd Re‐Inspection = $100 • 3rd + Re‐Inspection = $150

• Partial Inspection = $50• 3rd Rejection = $150

• 4th or more Rejection = $225

*(non‐refundable)

Miscellaneous Expired Permit Renewal –2 or more renewals require a letter of hardship addressed to the Building Official

Renewal Type Initial permit cost (building) Renewal cost

Flat Fee Trade permits $90 $90 per renewal

All other permits – 1st Renewal Various $200 or 25% of the initial building fee whichever is greater

All other permits – 2nd Renewal Various $200 or 50% of the initial building fee whichever is greater

All other permits – 3rd Renewal Various $200 or 75% of the initial building fee whichever is greater

All other permits – 4th Renewal Various $200 or 100% of the initial building fee whichever is greaterMoving Permit (both in & out of county) = $90

Failure to Obtain a Permit Prior to Commencing WorkWill Result in a Penalty of Up to Quadruple the Original Fee of 2

Permit Extension Request (1st 90 days – in writing & made prior to permit expiration) = $63Permit Extension Request (2nd 90 days – in writing & made prior to permit expiration) = $100 Stop Work Order (i.e. to have the SWO lifted) = $50Temporary Certificate Of Occupancy – Must be requested in writing to the Building Official

Time Period 1st 30 Days 2nd 30 Days 3rd 30 Days Additional 30 day periods

Residential $ 100.00 $ 200.00 $ 300.00 $ 600.00

Commercial $ 200.00 $ 400.00 $ 500.00 $ 900.00

Right of Way & Stormwater Division

(Note: Right of Way Permits expire after one (1) year unless a renewal fee of $29 is paid.)

Right of Way Permit or Service: Line & Grade $310 Pool $90 Right of Way Plans Review or Permit $90 Right of Way Utility Permit $140 Re‐Inspection $90 Zoning Division

Permits & Plans Review Seawalls, Boat Lifts and Docks $95 Fence (Residential or Commercial) $30 Residential and Commercial Miscellaneous $22 Signs (including additional and temporary signs) $22

Temporary Event/Use Permits/Reviews Type 1 (small) N/A Type 2 (medium) $300 Type 3 (large) $1,000

Plans Change Commercial $22 Residential $22 Environmental Reviews Commercial or Multifamily Landscape/Tree Permit $80 Commercial or Multifamily Landscape/Tree Permit $50 (RESUBMITTAL)

Single Family or Duplex Landscape/Tree Permit $70 Single Family or Duplex Landscape/Tree Permit $50 (RESUBMITTAL)

Environmental Inspections & Mulching Permit $55

Density Transfers Certification of a Sending Zone $655 Transfer of Density Units W/Certificate $45 Transfer of Density Units W/Certification of Sending Zone $700 Transfer of Density Units W/LATF $130 Appeal of TDU ordinance $1,485

Stormwater 10 acres or less $580 More than 10 acres $580 + $21 per acre over 10 acres Plans Review/Inspection/Re‐Inspection New Commercial Review $65 Commercial Re‐Submittal $50 Single Family‐Residential Review $50 Single Family Re‐Submittal $50 Zoning Re‐Inspection $50 Miscellaneous Zoning Verification Letter $35

Permit/Code Case/Lien Research Request $35

Minor Home Occupation $50

Current and Comprehensive Planning Appeal (of a decision by the Zoning Official) $235 Special Exception or Variance (See Zoning Code for list) $880 Variance ‐ Administrative (See Zoning Code for list) $175 BZA Administration $180 P&Z or BCC Continuance $220 Small Scale Plan Amendment $2,490 Large Scale Plan Amendment $2,640 Small Scale Plan Amendment & Rezoning (no PD) $2,490 Rezoning (no Planned Development) $2,490 Rezoning for Planned Development $4,540 Major Modification of Planned Development $2,590 Community Development Districts $15,000 DRI Master Development Order $22,000 DRI Substantial Deviation $22,000 DRI Amendment (Notice of Proposed Change) $3,350 DRI Bi‐Annual Report Administrative Fee $250

Note: Excessive recording or advertising costs will be paid by the applicant.

Land Information & Mapping Division Street Name Changes – Public $460 Street Name Changes – Private $405 Address Verification Letter $15 Address Number Change $15 Address Permit Review (Per Unit) $15 Property Owner Notification (Per 25 Letters) $15 Hourly specialized map rate $41.20/hour

Data disc (CD/DVD) $35 Aerial prints (black & white) $10 Aerial prints (color) $31.05 Aerial images on disc (All‐county) $35 Mailing – tube $3 Mailing – postage as dictated by USPS ($4.80 minimum) varies Data on supplied Flash Drive N/C

Impact Fees (please see the fee schedule online at www.charlottecountyfl.com/GrowthManagement/ImpactFees.asp)

CHARLOTTE COUNTY PUBLIC WORKS DEPARTMENT CHARLOTTE COUNTY, FLORIDA POLICY Subject:

Maintenance of Traffic (MOT) Policy

Effective Date: November 10, 2015

From:

Joanne Vernon, County Engineer

Applies to:

All Employees of the Charlotte County Board of County Commissioners

Last Amended:

November 2015 Page:

1 of 3 pages

1

P:\ADMINSVC\word docs\ADMIN\Word Docs 2000-2010\08 Word Docs

The purpose of this policy is to provide instructions to assure that all work being performed in the County’s rights-of-way are performed under both The Manual of Uniform Traffic Control Devices (MUTCD) and The Florida Department of Transportation (FDOT) Roadway & Traffic Design Standards thus, assuring a safe environment for both the worker(s) and driver(s) on all County roads. Short term projects that last only a few hours will not be held to the same planning outlined in this policy however they shall still be subject to MUTCD and FDOT standards.

This policy shall apply to all work in the rights-of-way including that performed by contractors working for the County, contractors working for developers, utility companies (including work being performed by their personnel or contractors/sub-contractors) and all County work forces within each department of each division. Both internal requirements (departmental) as well as external requirements (contractors) are governed by this policy. A copy of this policy shall be attached to all permits for contractor compliance. All instruction references to the MUTCD Part VI and Index 600 of the Florida Department of Transportation Design Standards, shall apply to the latest edition.

The contractor shall at all times take every available precaution to safeguard the public as well as the construction workers. The contractor’s personnel shall comply with the Maintenance of Traffic requirements, comply with reasonable requests from County employees, and act courteously with the public.

1. All personnel working within the County’s rights-of-way shall at ALL times, wear FDOT approved safety vests, including those who may be periodically on-site and out of their vehicles, i.e., supervisors, foreman, testing personnel, etc.

2. Each contractor shall submit a Maintenance of Traffic Plan for any construction project

involving work or activity that may affect traffic on any County street, roadway, bike path, or sidewalk, and obtain approval prior to the start of the project.

3. The MOT Plan shall consist of one or more engineering drawing(s) signed and dated by a

person certified by the International Municipal Signal Association (IMSA), Florida Intermediate or ATSSA, in work zone traffic safety, qualified and knowledgeable in the field of traffic engineering, detailing traffic control for any road construction, detours, or road closures. If any changes to the MOT occur during any phase of the project, a revised MOT Plan shall be immediately submitted and approved reflecting all changes.

4. For all work within the County rights-of-way, where construction operations will alter traffic activities, the contractor will designate a qualified individual who will be responsible to implement, inspect, and/or supervise the placement, maintenance, and removal of traffic control devices in the work zone. The person responsible, possessing current valid and verifiable wallet cards from the above approved courses, shall be the only person approved to work on the maintenance of traffic and shall remain on site during any time of activity. This person must also be fluent in the English language.

5. All equipment and hazards left in the rights-of-way during hours of darkness are to be barricaded off. All signs and barricades requiring lights shall have lights attached and in good




From:


Applies to:


Last Amended:

November 2015 Page:

2 of 3 pages

2


working order. Any further traffic control devices deemed necessary during the project are to be provided by the contractor at the contractor’s expense.

6. Every attempt shall be made to avoid road closures. Where it is not possible to completely avoid road closures, the following procedures shall be followed:

a. Road closures shall be limited, if possible, to single lane closures with traffic controlled by flagmen. Flagging operations and flagmen shall comply with MUTCD requirements and flagmen shall be certified in a flagging operation. Flagging is not to begin until the proper signage is in place. When flagging is not being performed the signs must be covered up, turned away from traffic or removed from the job site.

b. If the work cannot be performed without closing all traffic lanes, but the closures can be limited to intervals no longer than five-minute duration’s (e.g., to accommodate necessary equipment operations) flagmen shall be used to control traffic as necessary. All equipment crossing the roadway is to be escorted by flaggers.

c. If the work cannot be performed without closing all traffic lanes for periods longer than five (5) minutes at a time, provisions shall be made to maintain access to all developed properties. Access shall be properly signed and/or marked detours or other approved methods.

d. A detailed Maintenance of Traffic Plan shall be prepared by the contractor or other responsible entity for all situations where any lane closures are proposed. The detailed MOT Plans shall show the limits of the road closure, detour routes and/or other means of maintaining access, temporary signing and marking that will be used, and any other information deemed necessary by the County Engineer. The MOT Plan for road closures shall be submitted to the Engineering Department at least two weeks prior to each road closure. No road closures, other than emergencies, are authorized without the prior approval of the County Engineer. No road closures will begin on a County Holiday or weekend.

e. If the road closure is authorized by the County Engineer, the following organizations shall be notified seven days prior to the closure and again 24 hours prior to the closure. If the closure will extend for more than one (1) day, notifications shall be made each day to inform these organizations of the road closure that will be in effect the following day:

All Emergency services: FIRE/EMS Fire Headquarters Sheriff (941) 833-5600 (941) 833-5600 (941) 639-2101

Charlotte County School Board: Transportation Division (941) 575-5432




From:


Applies to:


Last Amended:

November 2015 Page:

3 of 3 pages

3


The Media: Newspaper/Radio Stations (Notify applicable one(s))

Charlotte Sun Herald (941) 206-1000 Charlotte Herald Tribune Newspaper (941) 473-5475 Englewood Sun Herald Tribune Newspaper (941) 681-3000 Sarasota Herald Tribune Newspaper (941) 953-7755 Venice Gondolier Newspaper (941) 207-1000 I Heart Media – Port Charlotte, Punta Gorda, Sarasota (941) 206-1188 KIX Country 92.9 WIKX Radio Station – Punta Gorda (941) 206-1188 98.9 my FM – Port Charlotte, Punta Gorda (941) 206-1188 Seaview 104.9 Radio Station – Punta Gorda (941) 206-1188

All property owners, residents and tenants of the affected properties (continuing notification not required).

f. If immediate road closure is necessary to safeguard life and/or public safety or private

property, prior approval shall NOT be required. However, the notifications required under e. above shall be made as soon as practicable provided that the notification effort does not compromise the efforts to safeguard life and/or property.

7. All initial MOT Plans (not involving road closures) and proposed changes shall be submitted to the County Transportation Engineer, or designee, for approval, at least one week prior to the start of work.

8. Failure to comply with the stipulations set forth in this policy will result in immediate suspension of work, and/or revoking of the permit until such time as the affected party comes into compliance.

Original: 9/15/1995 Revisions: 3/1/1997 9/29/2003 7/10/2006 3/20/2012 3/24/2014 11/10/2015

FLORIDA DEPARTMENT OF

ENVIRONMENTAL PROTECTION

SOUTH DISTRICT

P.O. BOX 2549

FORT MYERS, FL 33902-2549

RICK SCOTT

GOVERNOR

CARLOS LOPEZ-CANTERA

LT. GOVERNOR

HERSCHEL T. VINYARD JR.

SECRETARY

www.dep.state.fl.us

Electronic Correspondence

Notification of Acceptance of Use of a General Permit

Permittee:

Charlotte County Board of

County Commissioners

Joanne Vernon, P.E., County Engineer

Charlotte County Public Works

410 Taylor Street, Unit 104

Punta Gorda, FL 33950

Permit Number: 327341-001-DSGP/02

Issue Date: July 8, 2014

Expiration Date: July 7, 2019

County: Charlotte

Project Name: For 4.60 – GPC (Greater Port

Charlotte) 2014 Storm Structures

Water Supplier: (Charlotte County Utilities)

PWS ID: 5084100

Emailed to: [email protected]

Dear Ms. Vernon:

On June 20, 2014, the Florida Department of Environmental Protection received a “Notice of

Intent to Use the General Permit for Construction of Water Main Extensions for PWSs”,

[DEP Form No. 62-555.900(7)], under the provisions of Rule 62-4.530, and Chapter 62-555,

Florida Administrative Code (F.A.C.). The proposed project includes installation of 358 Linear

Feet of 8-inch C-900 CL 150 DR 18 PVC Water Main.

Based upon the submitted Notice and accompanying documentation, this correspondence is

being sent to advise that the Department does not object to the use of such general permit at this

time. Please be advised that the permittee is required to abide by Rule 62-555.405, F.A.C., all

applicable rules in Chapters 62-4, 62-550, 62-555, F.A.C., and the General Conditions for All

General Drinking Water Permits (found in 62-4.540, F.A.C.).

When any existing asbestos cement (AC) pipes are replaced under this permit, the permittee shall

do so in accordance with the applicable rules of the Federal Asbestos Regulation and Florida

DEP requirements. For specific requirements applicable to AC pipes, the permittee should

contact the Air and Waste Management section managers prior to commencing any such

activities at (239) 344-5600. Please be aware that a notification is required to be submitted to the

Department for a regulated project.

The permittee shall comply with all sampling requirements specific to this project. These

requirements are attached for review and implementation.

Pursuant to Rule 62-555.345, F.A.C., the permittee shall submit a certification of construction

completion [DEP Form No. 62-555.900(9)] to the Department and obtain approval, or

mailto:[email protected]

http://www.dep.state.fl.us/water/drinkingwater/forms.htm

https://www.flrules.org/gateway/RuleNo.asp?title=PERMITS&ID=62-4.530

https://www.flrules.org/gateway/ChapterHome.asp?Chapter=62-555

https://www.flrules.org/gateway/RuleNo.asp?title=PERMITTING,%20CONSTRUCTION,%20OPERATION,%20AND%20MAINTENANCE%20OF%20PUBLIC%20WATER%20SYSTEMS&ID=62-555.405





http://www.dep.state.fl.us/legal/rules/drinkingwater/62-555.pdf


Permittee: Charlotte County Board of



PWS ID No. 5084100

Permit No. 327341-001-DSGP/02

Page 2 of 2

clearance, from the Department before placing any water main extension constructed under this

general permit into operation for any purpose other than disinfection or testing for leaks.

Within 30 days after the sale or legal transfer of ownership of the permitted project that has

not been cleared for service in total by the Department, both the permittee and the proposed

permittee shall sign and submit an application for transfer of the permit using Form 62-

555.900(8), F.A.C., with the appropriate fee. The permitted construction is not authorized past

the 30-day period unless the permit has been transferred.

This permit will expire five years from the date of issuance. If the project has been started and

not completed by that time, a new permit must be obtained before the expiration date in order to

continue work on the project, per Rule 62-4.030, F.A.C.

Sincerely,

______________________

Abdul B. Ahmadi, Ph.D., P.E.

Administrator

ABA/BTS/se

Attachment

Cc: Christopher D. Beers, P.E. [email protected]

Terri Couture, [email protected]









PWS ID No. 5084100


A Civil Penalty May Be Incurred if this project is placed into operation before obtaining a clearance from this office.

Requirements for clearance upon completion of projects are as follows:

1) Clearance Form

Submission of a fully completed Department of Environmental Protection (DEP) Form

62-555.900(9), Certification of Construction Completion and Request for Clearance to Place

Permitted PWS Components into Operation.

2) Record Drawings, if deviations were made

Submission of the portion of record drawings showing deviations from the DEP construction

permit, including preliminary design report or drawings and specifications, if there are any

deviations from said permit (Note that it is necessary to submit a copy of only the portion of

record drawings showing deviations and not a complete set of record drawings.).

3) Bacteriological Results

Copies of satisfactory bacteriological analysis (a.k.a. Main Clearance), taken within sixty

(60) days of completion of construction, from locations within the distribution system or

water main extension to be cleared, in accordance with Rules 62-555.315(6), 62-555.340,

and 62-555.330, F.A.C. and American Water Works Association (AWWA) Standard C

651-92, as follows:

Connection to an existing system

The end point of the proposed addition

Any water lines branching off a main extension

Every 1,200 feet on straight runs of pipe

Each location shall be sampled on two consecutive days, with sample points and chlorine

residual readings clearly indicated on the report. A sketch or description of all

bacteriological sampling locations must also be provided.

4) Pressure Test Results

Copy of satisfactory pressure test results demonstrating compliance with AWWA Standard

requirements.

For further clarification contact: Bennie T. Shoemaker;

2295 Victoria Avenue, Suite 364, Fort Myers, FL 33902; (239) 344-5693 and/or

E-mail: [email protected]






2379 Broad Street, Brooksville, Florida 34604-6899

(352) 796-7211 or 1-800-423-1476 (FL only)

SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only)

On the Internet at: WaterMatters.org

Tampa Service Office7601 Highway 301 North

Tampa, Florida 33637-6759(813) 985-7481 or1-800-836-0797 (FL only)

Bartow Service Office170 Century Boulevard

Bartow, Florida 33830-7700(863) 534-1448 or1-800-492-7862 (FL only)

An Equal

Opportunity

Employer

Charlotte County BCC

Attn: Joanne Vernon, P.E.

October 21, 2014

Sarasota Service Office6750 Fruitville RoadSarasota, Florida 34240-9711(941) 377-3722 or1-800-320-3503 (FL only)

410 Taylor Street, Unit 104Punta Gorda, FL 33950

Subject: Notice of Intended Agency Action

ERP Individual Construction

Project Name: Charlotte County - GPC Storm Structure Replacement FOR4.60

App ID/Permit No:

County: CHARLOTTE

701777 / 43019003.027

S12/T40S/R22ESec/Twp/Rge:

Dear Permittee(s):

Your Environmental Resource Permit has been approved contingent upon no objection to the District 's

action being received by the District within the time frames described in the enclosed Notice of Rights.

If approved construction plans are part of the permit, construction must be in accordance with these plans. These drawings are available for viewing or downloading through the District's Application and Permit Search Tools located at www.WaterMatters.org/permits.

The District's action in this matter only becomes closed to future legal challenges from members of the

public if such persons have been properly notified of the District's action and no person objects to the

District's action within the prescribed period of time following the notification. The District does not publish

notices of intended agency action. If you wish to limit the time within which a person who does not receive

actual written notice from the District may request an administrative hearing regarding this action, you are

strongly encouraged to publish, at your own expense, a notice of intended agency action in the legal

advertisement section of a newspaper of general circulation in the county or counties where the activity will

occur. Publishing notice of intended agency action will close the window for filing a petition for hearing.

Legal requirements and instructions for publishing notice of intended agency action, as well as a noticing

form that can be used is available from the District's website at www.WaterMatters.org/permits/noticing. If

you publish notice of intended agency action, a copy of the affidavit of publishing provided by the

newspaper should be sent to the District's Tampa Service Office, for retention in the File of Record for this

agency action.

App ID/Permit No:701777 / 43019003.027 October 21, 2014

Enclosures: Approved Permit w/Conditions Attached

If you have questions, please contact Steven Lopes, at the Tampa Service Office, extension 6506. For assistance with environmental concerns, please contact Jeff Glas, extension 2148.

Sincerely,

David Kramer, P.E.

Manager

Environmental Resource Permit Bureau

Regulation Division

Statement of Completion

Notice of Authorization to Commence Construction

Notice of Rights

cc: U.S. Army Corps of Engineers

Christopher D. Beers, P.E., P.S.M., Johnson Engineering, Inc.

http://www.swfwmd.state.fl.us/files/database/site_file_sets/18/547.27_SOC.pdf

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICTENVIRONMENTAL RESOURCE

PERMIT NO. 43019003.027

EXPIRATION DATE: October 21, 2019 PERMIT ISSUE DATE: October 21, 2014

This permit is issued under the provisions of Chapter 373, Florida Statutes, (F.S.), and the Rules contained in

Chapter 62-330, Florida Administrative Code, (F.A.C.). The permit authorizes the Permittee to proceed with the

construction of a surface water management system in accordance with the information outlined herein and

shown by the application, approved drawings, plans, specifications, and other documents, attached hereto and

kept on file at the Southwest Florida Water Management District (District). Unless otherwise stated by permit

specific condition, permit issuance constitutes certification of compliance with state water quality standards

under Section 401 of the Clean Water Act, 33 U.S.C. 1341. All construction, operation and maintenance of the

surface water management system authorized by this permit shall occur in compliance with Florida Statutes and

Administrative Code and the conditions of this permit.

INDIVIDUAL CONSTRUCTION

PROJECT NAME: Charlotte County - GPC Storm Structure Replacement FOR4.60

Charlotte County BCCGRANTED TO:



N/AOTHER PERMITTEES:

ABSTRACT: This permit authorizes the construction of a stormwater management system serving a 0.99-acre

drainage improvement project. The project consists of the replacement of an existing waterway control structure

and culvert located where Quasar Boulevard crosses Fordham Waterway in Charlotte County, Florida.

Information regarding the stormwater management system, 100-year floodplain, wetlands and/or surface waters

is stated below and on the permitted construction drawings for the project.

Charlotte County BCCOP. & MAIN. ENTITY:

OTHER OP. & MAIN. ENTITY: N/A

COUNTY: CHARLOTTE

S12/T40S/R22ESEC/TWP/RGE:

TOTAL ACRES OWNED

OR UNDER CONTROL:

PROJECT SIZE:

LAND USE:

DATE APPLICATION FILED:

AMENDED DATE:

Government

September 08, 2014

0.99 Acres

0.99

N/A

I. Water Quantity/Quality

Water Quality/Quantity Comments:

The drainage improvements consist of an 8'x10' box culvert, headwalls, concrete control structure, and

associated roadway improvements. The new control structure includes a 6 linear foot weir at elevation

16.10'. The proposed design is consistent with MSSW Conceptual Permit No. 49019003.000 issued July 27,

1999 entitled Charlotte County - Stormwater Control Structures, and Conceptual Modification ERP No.

49019003.021 issued January 27, 2012 entitled Charlotte County Stormwater Master Plan.

A mixing zone is not required.

A variance is not required.

Encroachment

(Acre-Feet of fill)

Compensation

(Acre-Feet of

excavation)

Compensation

TypeEncroachment

Result* (feet)

No Encroachment 0.00 0.00 N/A

Floodplain Comments:

According to FEMA determinations the project lies in Flood Zone AE. The Charlotte County Public Works

Department hydrologic/hydraulic model of the Port Charlotte Waterways was utilized to demonstrate no

adverse water quantity impacts.

*Depth of change in flood stage (level) over existing receiving water stage resulting from floodplain

encroachment caused by a project that claims Minimal Impact type of compensation.

II. 100-Year Floodplain

III. Environmental Considerations

Wetland/Other Surface Water Information

Wetland/Other

Surface

Water Name

Total

Acres

Not

Impacted

AcresAcres

Functional

Loss*

Functional

Loss*Acres

Permanent Impacts Temporary Impacts

Fordham Waterway 0.26 0.00 0.10 0.16 0.00 0.00

0.26 0.00

* For impacts that do not require mitigation, their functional loss is not included.

Total: 0.16 0.00 0.10 0.00

Wetland/Other Surface Water Comments:

Wetlands are not located within the project area for this ERP/; however, there are 0.26 acre of other

surface water features, consisting of 0.26 acre of a canal (FLUCCS 510), located within the project area.

Permanent filling impacts to 0.16 acre of the project surface waters and temporary dredging impacts to

0.1 acre of the project surface waters will occur for the replacement of two (2) existing 70” culverts with a

8’ X 10’ box culvert and construction of head/wing walls and other drainage infrastructure.

Mitigation InformationMitigation Comments:

Wetland mitigation will not be required for permanent filling impacts to 0.16 acre of a canal (Fordham Waterway)

pursuant to Section 10.2.2. of the Applicants Handbook Volume I for Environmental Resource Permit Applications.

Under this Section, wetland mitigation is not required for impacts that have been determined to be de minimis to fish,

wildlife and listed species.

2

Specific Conditions

If the ownership of the project area covered by the subject permit is divided, with someone other

than the Permittee becoming the owner of part of the project area, this permit may be terminated,

unless the terms of the permit are modified by the District or the permit is transferred pursuant to

Rule 40D-1.6105, F.A.C. In such situations, each land owner shall obtain a permit (which may be

a modification of this permit) for the land owned by that person. This condition shall not apply to

the division and sale of lots or units in residential subdivisions or condominiums.

1.

The Permittee shall retain the design professional registered or licensed in Florida, to conduct

on-site observations of construction and assist with the as-built certification requirements of this

project. The Permittee shall inform the District in writing of the name, address and phone number

of the design professional so employed. This information shall be submitted prior to construction.

2.

The following boundaries, as shown on the approved construction drawings, shall be clearly

delineated on the site prior to initial clearing or grading activities:

limits of approved wetland impacts

The delineation shall endure throughout the construction period and be readily discernible to

construction and District personnel.

3.

All construction is prohibited within the permitted project area until the Permittee acquires legal

ownership or legal control of the project area as delineated in the permitted construction

drawings.

4.

This Construction Permit No. 43019003.027 is for phase of previously issued Conceptual Permit

Nos. 49019003.000 and 49019003.021. Both the conditions herein and the conditions of the

conceptual permits are applicable.

5.

If limestone bedrock is encountered during construction of the stormwater water management

system, the District must be notified and construction in the affected area shall cease.

6.

The Permittee shall notify the District of any sinkhole development in the stormwater management

system within 48 hours of discovery and must submit a detailed sinkhole evaluation and repair

plan for approval by the District within 30 days of discovery.

7.

The Permitted Plan Set for this project includes the set received by the District on September 8,

2014 and Sheet C8 received by the District on October 1, 2014.

8.

District staff must be notified in advance of any proposed construction dewatering. If the

dewatering activity is likely to result in offsite discharge or sediment transport into wetlands or

surface waters, a written dewatering plan must either have been submitted and approved with the

permit application or submitted to the District as a permit prior to the dewatering event as a permit

modification. A water use permit may be required prior to any use exceeding the thresholds in

Chapter 40D-2, F.A.C.

9.

Off-site discharges during construction and development shall be made only through the facilities

authorized by this permit. Water discharged from the project shall be through structures having a

mechanism suitable for regulating upstream stages. Stages may be subject to operating

10.

3

schedules satisfactory to the District.

All stormwater management systems shall be operated to conserve water in order to maintain

environmental quality and resource protection; to increase the efficiency of transport, application

and use; to decrease waste; to minimize unnatural runoff from the property and to minimize

dewatering of offsite property.

11.

This permit is valid only for the specific processes, operations and designs indicated on the

approved drawings or exhibits submitted in support of the permit application. Any substantial

deviation from the approved drawings, exhibits, specifications or permit conditions, including

construction within the total land area but outside the approved project area(s), may constitute

grounds for revocation or enforcement action by the District, unless a modification has been

applied for and approved. Examples of substantial deviations include excavation of ponds, ditches

or sump areas deeper than shown on the approved plans.

12.

GENERAL CONDITIONS

1. The general conditions attached hereto as Exhibit "A” are hereby incorporated into this permit by reference

and the Permittee shall comply with them.

David Kramer, P.E.

Authorized Signature

4

EXHIBIT A

GENERAL CONDITIONS:

1 The following general conditions are binding on all individual permits issued under this chapter, except where the

conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate,

project-specific conditions.

a. 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., or the permit may be revoked and the permittee may be subject to enforcement action.

b. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction

phase, and shall be available for review at the work site upon request by the Agency staff. The permittee

shall require the contractor to review the complete permit prior to beginning construction.

c. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality

standards. Performance-based erosion and sediment control best management practices shall be installed

immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts

to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida

Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental

Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and

Sedimentation Control Inspector’s Manual (Florida Department of Environmental Protection, Nonpoint Source

Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in

subparagraph 62-330.050(8)(b)5, F.A.C., unless a projectspecific erosion and sediment control plan is

approved or other water quality control measures are required as part of the permit.

d. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully

executed Form 62-330.350(1), “Construction Commencement Notice,”[effective date], incorporated by

reference herein (<http://www.flrules.org/Gateway/reference.asp?No=Ref-02505> ), indicating the expected

start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection

62-330.010(5), F.A.C. If available, an Agency website that fulfills this notification requirement may be used in

lieu of the form.

e. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under

Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit

for the life of the project or activity.

f. 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:

1. 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

2. For all other activities - “As-Built Certification and Request for Conversion to Operational Phase” [Form

62-330.310(1)].

3. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form.

g. If the final operation and maintenance entity is a third party:

1. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30

days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of

the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume I) as filed with the

Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction

5

needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which

the activity is located.

2. 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.

h. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that

require changes to the permitted activity, and any required modification of this permit must be obtained prior

to implementing the changes.

i. This permit does not:

1. 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.;

2. Convey to the permittee or create in the permittee any interest in real property;

3. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local

authorization, law, rule, or ordinance; or

4. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by

the permittee.

j. 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.

k. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that

may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of

any project authorized by the permit.

l. The permittee shall notify the Agency in writing:

1. Immediately if any previously submitted information is discovered to be inaccurate; and

2. Within 30 days of any conveyance or division of ownership or control of the property or the system, other

than conveyance via a long-term lease, and the new owner shall request transfer of the permit in

accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or

commercial subdivisions or condominiums where the stormwater management system has been

completed and converted to the operation phase.

m. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to

enter, inspect, sample and test the project or activities to ensure conformity with the

plans and specifications authorized in the permit.

n. 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

6

shall be provided in accordance with Section 872.05, F.S. (2012).

o. 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.

p. 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.

q. This permit is issued based on the applicant’s submitted information that reasonably demonstrates that

adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse

impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit

modification, and take any necessary corrective actions to resolve the adverse impacts.

r. 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.

2. In addition to those general conditions in subsection (1) above, the Agency shall impose any additional project-

specific special conditions necessary to assure the permitted activities will not be harmful to the water resources,

as set forth in Rules 62-330.301 and 62-330.302, F.A.C., Volumes I and II, as applicable, and the rules

incorporated by reference in this chapter.

7

SOUTHWEST FLORIDA

NOTICE OF

WATER MANAGEMENT DISTRICT

AUTHORIZATIONTO COMMENCE CONSTRUCTION

Charlotte County - GPC Storm Structure Replacement FOR4.60

PROJECT NAME

PROJECT TYPE

COUNTY

CHARLOTTE

Government

S12/T40S/R22E

THIS NOTICE SHOULD BE CONSPICUOUSLY

DISPLAYED AT THE SITE OF THE WORK

Issuing Authority

October 21, 2014DATE ISSUED:

701777 / 43019003.027APPLICATION ID/PERMIT NO:

PERMITTEE

SEC(S)/TWP(S)/RGE(S)


David Kramer, P.E.

8

Notice of Rights

ADMINISTRATIVE HEARING

1. You or any person whose substantial interests are or may be affected by the District's intended or proposed

action may request an administrative hearing on that action by filing a written petition in accordance with

Sections 120.569 and 120.57, Florida Statutes (F.S.), Uniform Rules of Procedure Chapter 28-106, Florida

Administrative Code (F.A.C.) and District Rule 40D-1.1010, F.A.C. Unless otherwise provided by law, a petition

for administrative hearing must be filed with (received by) the District within 21 days of receipt of written notice of

agency action. "Written notice" means either actual written notice, or newspaper publication of notice, that the

District has taken or intends to take agency action. "Receipt of written notice" is deemed to be the fifth day after

the date on which actual notice is deposited in the United States mail, if notice is mailed to you, or the date that

actual notice is issued, if sent to you by electronic mail or delivered to you, or the date that notice is published in

a newspaper, for those persons to whom the District does not provide actual notice.

2. Pursuant to Subsection 373.427(2)(c), F.S., for notices of intended or proposed agency action on a

consolidated application for an environmental resource permit and use of state-owned submerged lands

concurrently reviewed by the District, a petition for administrative hearing must be filed with (received by) the

District within 14 days of receipt of written notice.

3. Pursuant to Rule 62-532.430, F.A.C., for notices of intent to deny a well construction permit, a petition for

administrative hearing must be filed with (received by) the District within 30 days of receipt of written notice of

intent to deny.

4. Any person who receives written notice of an agency decision and who fails to file a written request for a hearing

within 21 days of receipt or other period as required by law waives the right to request a hearing on such

matters.

5. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding District intended or

proposed action is not available prior to the filing of a petition for hearing.

6. A request or petition for administrative hearing must comply with the requirements set forth in Chapter 28-106,

F.A.C. A request or petition for a hearing must: (1) explain how the substantial interests of each person

requesting the hearing will be affected by the District's intended action or proposed action, (2) state all material

facts disputed by the person requesting the hearing or state that there are no material facts in dispute, and (3)

otherwise comply with Rules 28-106.201 and 28-106.301, F.A.C. Chapter 28-106, F.A.C. can be viewed at

www.flrules.org or at the District's website at www.WaterMatters.org/permits/rules.

7. A petition for administrative hearing is deemed filed upon receipt of the complete petition by the District Agency

Clerk at the District's Tampa Service Office during normal business hours, which are 8:00 a.m. to 5:00 p.m.,

Monday through Friday, excluding District holidays. Filings with the District Agency Clerk may be made by mail,

hand-delivery or facsimile transfer (fax). The District does not accept petitions for administrative hearing by

electronic mail. Mailed filings must be addressed to, and hand-delivered filings must be delivered to, the Agency

Clerk, Southwest Florida Water Management District, 7601 Highway 301 North,Tampa,FL 33637-6759. Faxed

filings must be transmitted to the District Agency Clerk at (813) 987-6746. Any petition not received during

normal business hours shall be filed as of 8:00 a.m. on the next business day. The District's acceptance of

faxed petitions for filing is subject to certain conditions set forth in the District's Statement of Agency Organization

and Operation, available for viewing at www.WaterMatters.org/about.

9

JUDICIAL REVIEW

1. Pursuant to Sections 120.60(3) and 120.68, F.S., a party who is adversely affected by District action may seek

judicial review of the District's action. Judicial review shall be sought in the Fifth District Court of Appeal or in the

appellate district where a party resides or as otherwise provided by law.

2. All proceedings shall be instituted by filing an original notice of appeal with the District Agency Clerk within 30

days after the rendition of the order being appealed, and a copy of the notice of appeal, accompanied by any

filing fees prescribed by law, with the clerk of the court, in accordance with Rules 9. 110 and 9.190 of the Florida

Rules of Appellate Procedure (Fla. R. App. P.). Pursuant to Fla. R. App. P. 9.020(h), an order is rendered when

a signed written order is filed with the clerk of the lower tribunal.

10

Regulatory Division South Permits Branch Fort Myers Permits Section SAJ-2014-02970 (NWP-3-LAE) Charlotte County Board of County Commissioners c/o Ms. Joanne Vernon, P.E. 410 Taylor Street, Unit 104 Punta Gorda, FL 33950 Attention Charlotte County BOCC c/o Ms. Joanne Vernon, P.E.: Your application for a Department of the Army permit has been assigned file number SAJ-2014-02970. A review of the information and plans provided shows the proposed work is for land-based construction involving replacement of existing stormwater drainage structure FOR 4.60 within the existing upland cut Fordham Waterway, located along Quasar Boulevard, in Section 12, Township 40S, Range 22E, Port Charlotte, Charlotte County, Florida. The project involves removal/replacement work within the same footprint, in accordance with planned improvements for the Greater Port Charlotte (GPC) master plan. The extent of potential disturbance is limited to 0.27 acre for short-term work within a man-made canal (temporary ditch impacts) and re-grading of the ditch slopes. The disposal plan for construction debris is via truck haul to a local landfill. Your project, as depicted on the enclosed drawings, is authorized by Nationwide Permit (NWP) 3. In addition, project-specific conditions have been enclosed. This

verification is valid until March 18, 2017. If you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. Please access the U.S. Army Corps of Engineers Jacksonville District Regulatory web-site to access links to the Final Nationwide Permits, Federal Register Vol. 77, dated February 21, 2012, specifically pages 10270-10290, the Corrections to the Final Nationwide Permits, Federal Register 77, March 19, 2012, and the List of Regional Conditions. Corps web-site: http://www.saj.usace.army.mil/Missions/Regulatory.aspx Please be aware that the address is case-sensitive and should be entered as above. Once there, choose: Source Book>Nationwide Permits. These files contain the description of the Nationwide Permit authorization, Nationwide Permit general conditions, and the regional conditions, which apply specifically to this verification for NWP-3. Enclosed is a list of the six General Conditions, which apply to all Department

DEPARTMENT OF THE ARMY

JACKSONVILLE DISTRICT CORPS OF ENGINEERS

1520 ROYAL PALM SQUARE BOULEVARD, SUITE 310

FORT MYERS, FLORIDA 33919

REPLY TO

ATTENTION OF

http://www.saj.usace.army.mil/Missions/Regulatory.aspx

-2-

of the Army authorizations. You must comply with all of the special and general conditions, and the regional conditions, which apply specifically to this verification for NWP-3. Enclosed is a list of the six General Conditions, which apply to all Department of the Army authorizations. If you have not completed the construction of your project within the specified time limit, a separate application or re-verification may be required. The following project-specific conditions are included with this authorization: 1. The Permittee understands and agrees that, if future operations by the U.S. require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the U.S. No claim shall be made against the United States on account of any such removal or alteration. 2. Cultural Resources/Historic Properties: a. No structure or work shall adversely affect, impact, or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP. b. If during ground-disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work in the vicinity and notify the Corps. The Corps shall then notify the Florida State Historic Preservation Officer (SHPO) and appropriate Tribal Historic Preservation Officers (THPO) to assess the significance of the discovery and devise appropriate actions. c. A cultural resources assessment may be required of the permit area, if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO and the Corps.

-3-

d. In the unlikely event that unmarked human remains are identified on non-federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work in the vicinity shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archeologist. The Corps shall then notify the appropriate SHPO and THPO(s). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the State Archeologist, SHPO and the Corps. 3. Eastern Indigo Snake Protection Measures and Inspection: The Permittee shall comply with the Standard Protection Measures for the Eastern Indigo Snake (Indigo snake). All gopher tortoise burrows, active or inactive, shall be evacuated prior to site manipulation in the vicinity of the burrow. If excavating potentially occupied burrows, active or inactive, individuals must first obtain state authorization via a FWC Authorized Gopher Tortoise Agent permit. The excavation method shall minimize the potential for injury to an Indigo snake. The Permittee shall follow the excavation guidance provided in the current FWC Gopher Tortoise Permitting Guidelines found at web-link: http://myfwc.com/gophertortoise . If an Indigo snake is encountered, it must be allowed to vacate the area prior to additional site manipulation. Holes, cavities, and snake refugia other than gopher tortoise burrows shall be inspected each morning before planned site manipulation of a particular area, and if occupied by an Indigo snake, no work shall commence until the snake has vacated the vicinity of the proposed work. This authorization does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood-prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. If you are unable to access the internet or require a hard copy of any of the conditions, limitations, or expiration date for the above referenced NWP, please contact the Corps at telephone: 239-334-1975. Thank you for your cooperation with the Corps permit program. Sincerely, Linda A. Elligott Project Manager

http://myfwc.com/gophertortoise

GENERAL CONDITIONS 33 CFR PART 320-330

PUBLISHED FEDERAL REGISTER DATED 13 NOVEMBER 1986

1. The time limit for completing the work authorized ends on March 18, 2017. 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. 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 of 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 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 a representative 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.

SELF-CERTIFICATION STATEMENT OF COMPLIANCE

Permit Number: NWP-3 SAJ-2014-02970 Permittee’s Name & Address (please print or type):___________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Telephone Number:____________________________________________________________ Location of the Work:___________________________________________________________ ____________________________________________________________________________ Date Work Started:____________________ Date Work Completed:______________________

PROPERTY IS INACCESSIBLE WITHOUT PRIOR NOTIFICATION: YES ______ NO_______

TO SCHEDULE AN INSPECTION PLEASE CONTACT _______________________________

AT __________________________

Description of Work (e.g., bank stabilization, residential/commercial filling, docks, dredging): ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 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

______________________________ Date

DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST

PERMIT NUMBER: SAJ-2014-02970 (NWP-3-LAE) 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. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire. To validate transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign/date below and submit to: U.S. Army Corps of Engineers, Special Projects & Enforcement Branch, 1520 Royal Palm Square Boulevard, Suite 310, Fort Myers, FL 33919

___________________________________ ___________________________

(TRANSFEREE-SIGNATURE) (SUBDIVISION)

___________________________________ ___________ ____________

(DATE) (LOT) (BLOCK)

__________________________

__________________________________ (STREET ADDRESS)

(NAME-PRINTED)

___________________________________

___________________________________

(MAILING ADDRESS)

___________________________________

(CITY, STATE, ZIP CODE)

FLORIDA DEPARTMENT OF

ENVIRONMENTAL PROTECTION

SOUTH DISTRICT

P.O. BOX 2549

FORT MYERS, FL 33902-2549

RICK SCOTT

GOVERNOR

CARLOS LOPEZ-CANTERA

LT. GOVERNOR

HERSCHEL T. VINYARD JR.

SECRETARY

www.dep.state.fl.us

Electronic Correspondence

Notification of Acceptance of Use of a General Permit

Permittee:

Charlotte County Board of County

Commissioners


Charlotte Couinty Public Works

410 Taylor Street, Unit 104

Punta Gorda, FL 33950

Permit Number: 327342-001-DSGP/02

Issue Date: July 8, 2014

Expiration Date: July 7, 2019

County: Charlotte

Project Name: Nia 5.09 – GPC (Greater Port

Charlotte) 2015 Storm Structures

Water Supplier: (Charlotte County Utilities)

PWS ID: 5084100

Emailed to:

[email protected]

Dear Ms. Vernon:

On June 20, 2014, the Florida Department of Environmental Protection received a “Notice of

Intent to Use the General Permit for Construction of Water Main Extensions for PWSs”,

[DEP Form No. 62-555.900(7)], under the provisions of Rule 62-4.530, and Chapter 62-555,

Florida Administrative Code (F.A.C.). The proposed project includes installation of 267 Linear

Feet of 8-inch C-900 CL 150 DR 18 PVC Water Main.

Based upon the submitted Notice and accompanying documentation, this correspondence is

being sent to advise that the Department does not object to the use of such general permit at this

time. Please be advised that the permittee is required to abide by Rule 62-555.405, F.A.C., all

applicable rules in Chapters 62-4, 62-550, 62-555, F.A.C., and the General Conditions for All

General Drinking Water Permits (found in 62-4.540, F.A.C.).

When any existing asbestos cement (AC) pipes are replaced under this permit, the permittee shall

do so in accordance with the applicable rules of the Federal Asbestos Regulation and Florida

DEP requirements. For specific requirements applicable to AC pipes, the permittee should

contact the Air and Waste Management section managers prior to commencing any such

activities at (239) 344-5600. Please be aware that a notification is required to be submitted to the

Department for a regulated project.

The permittee shall comply with all sampling requirements specific to this project. These

requirements are attached for review and implementation.

Pursuant to Rule 62-555.345, F.A.C., the permittee shall submit a certification of construction

completion [DEP Form No. 62-555.900(9)] to the Department and obtain approval, or










http://www.dep.state.fl.us/legal/rules/drinkingwater/62-555.pdf





PWS ID 5084100 Permit No. 327342-001-DSGP/02

Page 2 of 2

clearance, from the Department before placing any water main extension constructed under this

general permit into operation for any purpose other than disinfection or testing for leaks.

Within 30 days after the sale or legal transfer of ownership of the permitted project that has

not been cleared for service in total by the Department, both the permittee and the proposed

permittee shall sign and submit an application for transfer of the permit using Form 62-

555.900(8), F.A.C., with the appropriate fee. The permitted construction is not authorized past

the 30-day period unless the permit has been transferred.

This permit will expire five years from the date of issuance. If the project has been started and

not completed by that time, a new permit must be obtained before the expiration date in order to

continue work on the project, per Rule 62-4.030, F.A.C.

Sincerely,

______________________

Abdul B. Ahmadi, Ph.D., P.E.

Administrator

ABA/BTS/se

Attachment

Cc: Christopher D. Beers, P.E. [email protected]

Terri Couture, [email protected]









PWS ID 5084100


A Civil Penalty May Be Incurred if this project is placed into operation before obtaining a clearance from this office.

Requirements for clearance upon completion of projects are as follows:

1) Clearance Form

Submission of a fully completed Department of Environmental Protection (DEP) Form

62-555.900(9), Certification of Construction Completion and Request for Clearance to Place

Permitted PWS Components into Operation.

2) Record Drawings, if deviations were made

Submission of the portion of record drawings showing deviations from the DEP construction

permit, including preliminary design report or drawings and specifications, if there are any

deviations from said permit (Note that it is necessary to submit a copy of only the portion of

record drawings showing deviations and not a complete set of record drawings.).

3) Bacteriological Results

Copies of satisfactory bacteriological analysis (a.k.a. Main Clearance), taken within sixty

(60) days of completion of construction, from locations within the distribution system or

water main extension to be cleared, in accordance with Rules 62-555.315(6), 62-555.340,

and 62-555.330, F.A.C. and American Water Works Association (AWWA) Standard C

651-92, as follows:

Connection to an existing system

The end point of the proposed addition

Any water lines branching off a main extension

Every 1,200 feet on straight runs of pipe

Each location shall be sampled on two consecutive days, with sample points and chlorine

residual readings clearly indicated on the report. A sketch or description of all

bacteriological sampling locations must also be provided.

4) Pressure Test Results

Copy of satisfactory pressure test results demonstrating compliance with AWWA Standard

requirements.

For further clarification contact: Bennie T. Shoemaker;

2295 Victoria Avenue, Suite 364, Fort Myers, FL 33902; (239) 344-5693 and/or

E-mail: [email protected]






2379 Broad Street, Brooksville, Florida 34604-6899

(352) 796-7211 or 1-800-423-1476 (FL only)

SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only)

On the Internet at: WaterMatters.org

Tampa Service Office7601 Highway 301 North

Tampa, Florida 33637-6759(813) 985-7481 or1-800-836-0797 (FL only)

Bartow Service Office170 Century Boulevard

Bartow, Florida 33830-7700(863) 534-1448 or1-800-492-7862 (FL only)

An Equal

Opportunity

Employer



March 13, 2014

Sarasota Service Office6750 Fruitville RoadSarasota, Florida 34240-9711(941) 377-3722 or1-800-320-3503 (FL only)


Subject: Notice of Intended Agency Action

ERP Individual Construction

Project Name: Charlotte County GPC Storm Structure Replacement NIA 5.09

App ID/Permit No:

County: CHARLOTTE

691566 / 43019003.025

S12/T40S/R22ESec/Twp/Rge:

Dear Permittee(s):

Your Environmental Resource Permit has been approved contingent upon no objection to the District 's

action being received by the District within the time frames described in the enclosed Notice of Rights.

If approved construction plans are part of the permit, construction must be in accordance with these plans. These drawings are available for viewing or downloading through the District's Application and Permit Search Tools located at www.WaterMatters.org/permits.

The District's action in this matter only becomes closed to future legal challenges from members of the

public if such persons have been properly notified of the District's action and no person objects to the

District's action within the prescribed period of time following the notification. The District does not publish

notices of intended agency action. If you wish to limit the time within which a person who does not receive

actual written notice from the District may request an administrative hearing regarding this action, you are

strongly encouraged to publish, at your own expense, a notice of intended agency action in the legal

advertisement section of a newspaper of general circulation in the county or counties where the activity will

occur. Publishing notice of intended agency action will close the window for filing a petition for hearing.

Legal requirements and instructions for publishing notice of intended agency action, as well as a noticing

form that can be used is available from the District's website at www.WaterMatters.org/permits/noticing. If

you publish notice of intended agency action, a copy of the affidavit of publishing provided by the

newspaper should be sent to the District's Tampa Service Office, for retention in the File of Record for this

agency action.

App ID/Permit No:691566 / 43019003.025 March 13, 2014

Enclosures: Approved Permit w/Conditions Attached

If you have questions, please contact Steven Lopes, at the Tampa Service Office, extension 6506. For assistance with environmental concerns, please contact Chaz LaRiche, extension 2092.

Sincerely,

Michelle K. Hopkins, P.E.

Bureau Chief

Environmental Resource Permit Bureau

Regulation Division

Statement of Completion

Notice of Authorization to Commence Construction

Notice of Rights

cc: U. S. Army Corps of Engineers

Christopher D. Beers, P.E., Johnson Engineering, Inc.

http://www.swfwmd.state.fl.us/files/database/site_file_sets/18/547.27_SOC.pdf

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICTENVIRONMENTAL RESOURCE

PERMIT NO. 43019003.025

EXPIRATION DATE: March 13, 2019 PERMIT ISSUE DATE: March 13, 2014

This permit is issued under the provisions of Chapter 373, Florida Statutes, (F.S.), and the Rules contained in

Chapter 62-330, Florida Administrative Code, (F.A.C.). The permit authorizes the Permittee to proceed with the

construction of a surface water management system in accordance with the information outlined herein and

shown by the application, approved drawings, plans, specifications, and other documents, attached hereto and

kept on file at the Southwest Florida Water Management District (District). Unless otherwise stated by permit

specific condition, permit issuance constitutes certification of compliance with state water quality standards

under Section 401 of the Clean Water Act, 33 U.S.C. 1341. All construction, operation and maintenance of the

surface water management system authorized by this permit shall occur in compliance with Florida Statutes and

Administrative Code and the conditions of this permit.

INDIVIDUAL CONSTRUCTION

PROJECT NAME: Charlotte County GPC Storm Structure Replacement NIA 5.09

Charlotte County BCCGRANTED TO:



N/AOTHER PERMITTEES:

ABSTRACT: This permit authorizes the construction of a stormwater management system serving a 0.98

acre drainage retrofit project. The project includes the replacement of an existing waterway control structure (twin

96" CMP risers with twin 48" CMP culverts) with a proposed concrete weir control structure and twin 48" RCP

culverts. The site is located where Quasar Boulevard crosses Niagara Waterway in Charlotte County, Florida.

Information regarding the stormwater management system, 100-year floodplain, wetlands and/or surface waters

is stated below and on the permitted construction drawings for the project.

Charlotte County BCCOP. & MAIN. ENTITY:

OTHER OP. & MAIN. ENTITY: N/A

COUNTY: CHARLOTTE

S12/T40S/R22ESEC/TWP/RGE:

TOTAL ACRES OWNED

OR UNDER CONTROL:

PROJECT SIZE:

LAND USE:

DATE APPLICATION FILED:

AMENDED DATE:

Government

January 15, 2014

0.98 Acres

0.98

N/A

I. Water Quantity/Quality

Water Quality/Quantity Comments:

The work includes (2) 48" RCP culverts, headwalls, concrete control structure, and associated roadway

improvements. The new control structure includes a 20 linear foot weir at elevation 16.00'. The

proposed design is consistent with MSSW Conceptual Permit No. 49019003.000 issued July 27,

1999 entitled Charlotte County- Stormwater Control Structures, and Conceptual Modification ERP No.

49019003.021 issued January 27, 2012 entitled Charlotte County Stormwater Master Plan.

The project discharges to a waterbody (Sunrise Waterways/WBID 2056E) that is verified as impaired for

nutrients; water quality certification is therefore waived as a condition of this permit. The project will not

cause or contribute to the existing impairment.

A mixing zone is not required.

A variance is not required.

Encroachment

(Acre-Feet of fill)

Compensation

(Acre-Feet of

excavation)

Compensation

TypeEncroachment

Result* (feet)

No Encroachment 0.00 0.00 N/A

Floodplain Comments:

According to FEMA determinations the project lies in Flood Zone AE. The Charlotte County Public Works

Department hydrologic/hydraulic model of the Port Charlotte Waterways was utilized to demonstrate no

adverse water quantity impacts.

*Depth of change in flood stage (level) over existing receiving water stage resulting from floodplain

encroachment caused by a project that claims Minimal Impact type of compensation.

II. 100-Year Floodplain

III. Environmental Considerations

Wetland/Other Surface Water Information

Wetland/Other

Surface

Water Name

Total

Acres

Not

Impacted

AcresAcres

Functional

Loss*

Functional

Loss*Acres

Permanent Impacts Temporary Impacts

Canal 0.42 0.00 0.00 0.42 0.00 0.00

0.42 0.00

* For impacts that do not require mitigation, their functional loss is not included.

Total: 0.42 0.00 0.00 0.00

Wetland/Other Surface Water Comments:

Wetlands are not located within the project area for this ERP; however, there is 0.42-acre of other

surface water features, consisting of 0.42-acre of upland-cut ditch (FLUCCS 510), located within the

project area. Permanent filling impacts to 0.42-acre of the project surface waters will occur for the

installation of rip rap and extension of the headwall.

Mitigation InformationMitigation Comments:

Wetland mitigation is not required for permanent filling impacts to the upland cut ditches pursuant to Subsection

10.2.2.2 of the Environmental Resource Permit Applicant’s Handbook Volume 1. Under this Subsection, wetland

mitigation is not required for impacts to drainage ditches that were constructed in uplands and do not provide

significant habitat for threatened or endangered species and were not constructed to divert natural stream flow.

2

Specific Conditions

If the ownership of the project area covered by the subject permit is divided, with someone other

than the Permittee becoming the owner of part of the project area, this permit may be terminated,

unless the terms of the permit are modified by the District or the permit is transferred pursuant to

Rule 40D-1.6105, F.A.C. In such situations, each land owner shall obtain a permit (which may be

a modification of this permit) for the land owned by that person. This condition shall not apply to

the division and sale of lots or units in residential subdivisions or condominiums.

1.

The Permittee shall retain the design professional registered or licensed in Florida, to conduct

on-site observations of construction and assist with the as-built certification requirements of this

project. The Permittee shall inform the District in writing of the name, address and phone number

of the design professional so employed. This information shall be submitted prior to construction.

2.

Wetland buffers shall remain in an undisturbed condition except for approved drainage facility

construction/maintenance.

3.

The following boundaries, as shown on the approved construction drawings, shall be clearly

delineated on the site prior to initial clearing or grading activities:

wetland and surface water areas

wetland buffers

limits of approved wetland impacts

The delineation shall endure throughout the construction period and be readily discernible to

construction and District personnel.

4.

All construction is prohibited within the permitted project area until the Permittee acquires legal

ownership or legal control of the project area as delineated in the permitted construction

drawings.

5.

This Construction Permit No. 43019003.025 is for phase of previously issued Conceptual Permit

Nos. 49019003.000 and 49019003.021. Both the conditions herein and the conditions of the

conceptual permits are applicable.

6.

Certification of compliance with state water quality standards under Section 401 of the Clean

Water Act, 33 U.S.C. 1341 is waived.

7.

The Permitted Plan Set for this project includes the set received by the District on January 15,

2014.

8.

District staff must be notified in advance of any proposed construction dewatering. If the

dewatering activity is likely to result in offsite discharge or sediment transport into wetlands or

surface waters, a written dewatering plan must either have been submitted and approved with the

permit application or submitted to the District as a permit prior to the dewatering event as a permit

modification. A water use permit may be required prior to any use exceeding the thresholds in

Chapter 40D-2, F.A.C.

9.

This permit is valid only for the specific processes, operations and designs indicated on the 10.

3

approved drawings or exhibits submitted in support of the permit application. Any substantial

deviation from the approved drawings, exhibits, specifications or permit conditions, including

construction within the total land area but outside the approved project area(s), may constitute

grounds for revocation or enforcement action by the District, unless a modification has been

applied for and approved. Examples of substantial deviations include excavation of ponds, ditches

or sump areas deeper than shown on the approved plans.

GENERAL CONDITIONS

1. The general conditions attached hereto as Exhibit "A” are hereby incorporated into this permit by reference

and the Permittee shall comply with them.


Authorized Signature

4

EXHIBIT A

GENERAL CONDITIONS:

1 The following general conditions are binding on all individual permits issued under this chapter, except where the

conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate,

project-specific conditions.

a. 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., or the permit may be revoked and the permittee may be subject to enforcement action.

b. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction

phase, and shall be available for review at the work site upon request by the Agency staff. The permittee

shall require the contractor to review the complete permit prior to beginning construction.

c. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality

standards. Performance-based erosion and sediment control best management practices shall be installed

immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts

to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida

Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental

Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and

Sedimentation Control Inspector’s Manual (Florida Department of Environmental Protection, Nonpoint Source

Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in

subparagraph 62-330.050(8)(b)5, F.A.C., unless a projectspecific erosion and sediment control plan is

approved or other water quality control measures are required as part of the permit.

d. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully

executed Form 62-330.350(1), “Construction Commencement Notice,”[effective date], incorporated by

reference herein (<http://www.flrules.org/Gateway/reference.asp?No=Ref-02505> ), indicating the expected

start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection

62-330.010(5), F.A.C. If available, an Agency website that fulfills this notification requirement may be used in

lieu of the form.

e. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under

Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit

for the life of the project or activity.

f. 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:

1. 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

2. For all other activities - “As-Built Certification and Request for Conversion to Operational Phase” [Form

62-330.310(1)].

3. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form.

g. If the final operation and maintenance entity is a third party:

1. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30

days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of

the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume I) as filed with the

Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction

5

needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which

the activity is located.

2. 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.

h. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that

require changes to the permitted activity, and any required modification of this permit must be obtained prior

to implementing the changes.

i. This permit does not:

1. 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.;

2. Convey to the permittee or create in the permittee any interest in real property;

3. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local

authorization, law, rule, or ordinance; or

4. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by

the permittee.

j. 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.

k. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that

may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of

any project authorized by the permit.

l. The permittee shall notify the Agency in writing:

1. Immediately if any previously submitted information is discovered to be inaccurate; and

2. Within 30 days of any conveyance or division of ownership or control of the property or the system, other

than conveyance via a long-term lease, and the new owner shall request transfer of the permit in

accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or

commercial subdivisions or condominiums where the stormwater management system has been

completed and converted to the operation phase.

m. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to

enter, inspect, sample and test the project or activities to ensure conformity with the

plans and specifications authorized in the permit.

n. 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

6

shall be provided in accordance with Section 872.05, F.S. (2012).

o. 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.

p. 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.

q. This permit is issued based on the applicant’s submitted information that reasonably demonstrates that

adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse

impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit

modification, and take any necessary corrective actions to resolve the adverse impacts.

r. 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.

2. In addition to those general conditions in subsection (1) above, the Agency shall impose any additional project-

specific special conditions necessary to assure the permitted activities will not be harmful to the water resources,

as set forth in Rules 62-330.301 and 62-330.302, F.A.C., Volumes I and II, as applicable, and the rules

incorporated by reference in this chapter.

7

SOUTHWEST FLORIDA

NOTICE OF

WATER MANAGEMENT DISTRICT

AUTHORIZATIONTO COMMENCE CONSTRUCTION

Charlotte County GPC Storm Structure Replacement NIA 5.09

PROJECT NAME

PROJECT TYPE

COUNTY

CHARLOTTE

Government

S12/T40S/R22E

THIS NOTICE SHOULD BE CONSPICUOUSLY

DISPLAYED AT THE SITE OF THE WORK

Issuing Authority

March 13, 2014DATE ISSUED:

691566 / 43019003.025APPLICATION ID/PERMIT NO:

PERMITTEE

SEC(S)/TWP(S)/RGE(S)



8

Notice of Rights

ADMINISTRATIVE HEARING

1. You or any person whose substantial interests are or may be affected by the District's intended or proposed

action may request an administrative hearing on that action by filing a written petition in accordance with

Sections 120.569 and 120.57, Florida Statutes (F.S.), Uniform Rules of Procedure Chapter 28-106, Florida

Administrative Code (F.A.C.) and District Rule 40D-1.1010, F.A.C. Unless otherwise provided by law, a petition

for administrative hearing must be filed with (received by) the District within 21 days of receipt of written notice of

agency action. "Written notice" means either actual written notice, or newspaper publication of notice, that the

District has taken or intends to take agency action. "Receipt of written notice" is deemed to be the fifth day after

the date on which actual notice is deposited in the United States mail, if notice is mailed to you, or the date that

actual notice is issued, if sent to you by electronic mail or delivered to you, or the date that notice is published in

a newspaper, for those persons to whom the District does not provide actual notice.

2. Pursuant to Subsection 373.427(2)(c), F.S., for notices of intended or proposed agency action on a

consolidated application for an environmental resource permit and use of state-owned submerged lands

concurrently reviewed by the District, a petition for administrative hearing must be filed with (received by) the

District within 14 days of receipt of written notice.

3. Pursuant to Rule 62-532.430, F.A.C., for notices of intent to deny a well construction permit, a petition for

administrative hearing must be filed with (received by) the District within 30 days of receipt of written notice of

intent to deny.

4. Any person who receives written notice of an agency decision and who fails to file a written request for a hearing

within 21 days of receipt or other period as required by law waives the right to request a hearing on such

matters.

5. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding District intended or

proposed action is not available prior to the filing of a petition for hearing.

6. A request or petition for administrative hearing must comply with the requirements set forth in Chapter 28-106,

F.A.C. A request or petition for a hearing must: (1) explain how the substantial interests of each person

requesting the hearing will be affected by the District's intended action or proposed action, (2) state all material

facts disputed by the person requesting the hearing or state that there are no material facts in dispute, and (3)

otherwise comply with Rules 28-106.201 and 28-106.301, F.A.C. Chapter 28-106, F.A.C. can be viewed at

www.flrules.org or at the District's website at www.WaterMatters.org/permits/rules.

7. A petition for administrative hearing is deemed filed upon receipt of the complete petition by the District Agency

Clerk at the District's Tampa Service Office during normal business hours, which are 8:00 a.m. to 5:00 p.m.,

Monday through Friday, excluding District holidays. Filings with the District Agency Clerk may be made by mail,

hand-delivery or facsimile transfer (fax). The District does not accept petitions for administrative hearing by

electronic mail. Mailed filings must be addressed to, and hand-delivered filings must be delivered to, the Agency

Clerk, Southwest Florida Water Management District, 7601 Highway 301 North,Tampa,FL 33637-6759. Faxed

filings must be transmitted to the District Agency Clerk at (813) 987-6746. Any petition not received during

normal business hours shall be filed as of 8:00 a.m. on the next business day. The District's acceptance of

faxed petitions for filing is subject to certain conditions set forth in the District's Statement of Agency Organization

and Operation, available for viewing at www.WaterMatters.org/about.

9

JUDICIAL REVIEW

1. Pursuant to Sections 120.60(3) and 120.68, F.S., a party who is adversely affected by District action may seek

judicial review of the District's action. Judicial review shall be sought in the Fifth District Court of Appeal or in the

appellate district where a party resides or as otherwise provided by law.

2. All proceedings shall be instituted by filing an original notice of appeal with the District Agency Clerk within 30

days after the rendition of the order being appealed, and a copy of the notice of appeal, accompanied by any

filing fees prescribed by law, with the clerk of the court, in accordance with Rules 9. 110 and 9.190 of the Florida

Rules of Appellate Procedure (Fla. R. App. P.). Pursuant to Fla. R. App. P. 9.020(h), an order is rendered when

a signed written order is filed with the clerk of the lower tribunal.

10

Regulatory Division South Permits Branch Fort Myers Permits Section SAJ-2014-00873 (NWP-LAE) Charlotte County Board of County Commissioners (BOCC) c/o Ms. Joanne Vernon, P.E. 410 Taylor Street, Unit 104 Punta Gorda, FL 33950 Attention Charlotte County BOCC c/o Ms. Joanne Vernon, P.E.: Your application for a Department of the Army permit has been assigned file number SAJ-2014-00873. A review of the information and plans provided shows the proposed work is for land-based construction involving replacement of existing stormwater control structures (known as: NIA 5.09) within an existing upland cut waterway known as the Niagara Waterway, located along Quasar Boulevard, in Section 12, Township 40S, Range 22E, Port Charlotte, Charlotte County, Florida. The project involves removal/ replacement of culverts within the same footprint, as part of the planned stormwater improvements in accordance with the Greater Port Charlotte (GPC) master plan. The extent of potential disturbance is limited to 0.42 acre for short-term work within a man-made canal. The disposal plan for construction debris/excess materials is trucking to a local licensed landfill facility. Your project, as depicted on the enclosed drawings, is authorized by Nationwide Permit (NWP) Number 3. In addition, project-specific conditions have been enclosed.

This verification is valid until March 18, 2017. If you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have 12 months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. Please access the U.S. Army Corps of Engineers Jacksonville District Regulatory web-site to access links to the Final Nationwide Permits, Federal Register Vol. 77, dated February 21, 2012, specifically pages 10270-10290, the Corrections to the Final Nationwide Permits, Federal Register 77, March 19, 2012, and the List of Regional Conditions. Corps web-site: http://www.saj.usace.army.mil/Missions/Regulatory.aspx Please be aware that the address is case-sensitive and should be entered as above. Once there, choose “Source Book”; then “Nationwide Permits.” These files contain the description of the Nationwide Permit authorization, Nationwide Permit general conditions, and the regional conditions, which apply specifically to this verification for NWP-3. Enclosed is a list of the six General Conditions, which apply to all Department

DEPARTMENT OF THE ARMY

JACKSONVILLE DISTRICT CORPS OF ENGINEERS

1520 ROYAL PALM SQUARE BOULEVARD, SUITE 310

FORT MYERS, FLORIDA 33919

REPLY TO

ATTENTION OF

http://www.saj.usace.army.mil/Missions/Regulatory.aspx

-2-

of the Army authorizations. You must comply with all of the special and general conditions and any project-specific condition of this authorization or you may be subject to enforcement action. In the event you have not completed construction of your project within the specified time limit, a separate application or re-verification may be required. The following project-specific conditions are included with this authorization: 1. Within 60 days of completion of the work authorized, a hard-copy of the attached "Self-Certification Statement of Compliance" must be completed and submitted to: U.S. Army Corps of Engineers, Regulatory Division, Special Projects & Enforcement Branch, 1520 Royal Palm Square Boulevard, Suite 310, Fort Myers, FL 33919 2. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

3. Cultural Resources/Historic Properties: a. No structure or work shall adversely affect, impact, or disturb properties listed in the National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP. b. If during ground-disturbing activities and construction work within the permit area, there are archaeological/cultural materials encountered which were not the subject of a previous cultural resources assessment survey (and which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout canoes, evidence of structures or any other physical remains that could be associated with Native American cultures or early colonial or American settlement), the Permittee shall immediately stop all work in the vicinity and notify the Corps. The Corps shall then notify the Florida State Historic Preservation Officer (SHPO) and appropriate Tribal Historic Preservation Officers (THPO) to assess the significance of the discovery and devise appropriate actions. c. A cultural resources assessment may be required of the permit area, if deemed necessary by the SHPO, THPO(s), or Corps, in accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or

-3-

revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume on non-federal lands without written authorization from the SHPO and the Corps. d. In the unlikely event that unmarked human remains are identified on non-federal lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work in the vicinity shall immediately cease and the Permittee shall immediately notify the medical examiner, Corps, and State Archeologist. The Corps shall then notify the appropriate SHPO and THPO(s). Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. Such activity shall not resume without written authorization from the State Archeologist, SHPO and the Corps. e. In the unlikely event that human remains are encountered on federal or tribal lands, or in situations where Archaeological Resources Protection Act of 1979, or Native American Graves Protection Repatriation Act of 1990 applies, all work in the vicinity shall immediately cease and the Permittee immediately notify the Corps. The Corps shall then notify the appropriate THPO(s) and SHPO. Based, on the circumstances of the discovery, equity to all parties, and considerations of the public interest, the Corps may modify, suspend or revoke the permit in accordance with 33 CFR Part 325.7. After such notification, project activities on federal lands shall not resume without written authorization from the Corps, and/or appropriate THPO(s), SHPO, and federal manager. After such notification, project activities on tribal lands shall not resume without written authorization from the appropriate THPO(s) and the Corps.

4. Eastern Indigo Snake Protection Measures: The Permittee shall comply with Standard Protection Measures for the Eastern Indigo Snake (USFWS).

This authorization does not obviate the necessity to obtain any other Federal, State, or local permits, which may be required. Prior to the initiation of any construction, projects qualifying for this NWP permit must qualify for an exemption under section 403.813(1), F.S. or 373.406, F.S., or otherwise be authorized by the applicable permit required under Part IV of Chapter 373, F.S., by the Department of Environmental Protection, a water management district under section 373.069, F.S., or a local government with delegated authority under section 373.441, F.S., and receive Water Quality Certification (WQC) and applicable Coastal Zone Consistency Concurrence (CZCC) or waiver thereto, as well as any authorizations required for the use of state-owned submerged lands under Chapter 253, F.S., and, as applicable, Chapter 258, F.S. You should check State-permitting requirements with the Florida Department of Environmental Protection or the appropriate water management district.

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This authorization does not include conditions that would prevent the ‘take’ of a state-listed fish or wildlife species. These species are protected under sec. 379.411, Florida Statutes, and listed under Rule 68A-27, Florida Administrative Code. With regard to fish and wildlife species designated as species of special concern or threatened by the State of Florida, you are responsible for coordinating directly with the Florida Fish and Wildlife Conservation Commission (FWC). You can visit the FWC license and permitting webpage (http://www.myfwc.com/license/wildlife/) for more information, including a list of those fish and wildlife species designated as species of special concern or threatened. The Florida Natural Areas Inventory (http://www.fnai.org/ ) also maintains updated lists, by county, of documented occurrences of those species. This authorization does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood-prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. If you are unable to access the internet or require a hard copy of any of the conditions, limitations, or expiration date for the above referenced NWP, please contact the Linda A. Elligott by telephone at 239-334-1975. Thank you for your cooperation with the Corps permit program. Sincerely, Linda A. Elligott Project Manager

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GENERAL CONDITIONS 33 CFR PART 320-330

PUBLISHED FEDERAL REGISTER DATED 13 NOVEMBER 1986

1. The time limit for completing the work authorized ends on March 18, 2017. 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. 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 of 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 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 a representative 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.

SELF-CERTIFICATION STATEMENT OF COMPLIANCE

Permit Number: SAJ-2014-00873 (NWP-LAE) Permittee’s Name & Address (please print or type):___________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Telephone Number:____________________________________________________________ Location of the Work:___________________________________________________________ ____________________________________________________________________________ Date Work Started:____________________ Date Work Completed:______________________

PROPERTY IS INACCESSIBLE WITHOUT PRIOR NOTIFICATION: YES ______ NO_______

TO SCHEDULE AN INSPECTION PLEASE CONTACT _______________________________

AT __________________________

Description of Work (e.g., bank stabilization, residential/commercial filling, docks, dredging): ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 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

______________________________ Date

DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST

PERMIT NUMBER: SAJ-2014-00873 (NWP-LAE) 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. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire. To validate transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign/date below and submit to: U.S. Army Corps of Engineers, Regulatory Division, Special Projects & Enforcement Branch, 1520 Royal Palm Square Boulevard, Suite 310, Fort Myers, FL 33919

___________________________________ ___________________________

(TRANSFEREE-SIGNATURE) (SUBDIVISION)

___________________________________ ___________ ____________

(DATE) (LOT) (BLOCK)

__________________________

__________________________________ (STREET ADDRESS)

(NAME-PRINTED)

___________________________________

___________________________________

(MAILING ADDRESS)

___________________________________

(CITY, STATE, ZIP CODE)

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