Melbourne= Tillman Water Control District

Board Agenda

Melbourne-Tillman Water Control District

Call to Order

Pledge of Allegiance

Roll Call

MEETING OF THE BOARD OF DIRECTORS

TUESDAY, AUGUST 27,2019 9:00AM

Joe Hale, President

Joe Hale, President

Debbie Leclair

Board Members: Joe Hale, President (Brevard Sept 20 19) Robert Hinkel (Palm Bay Sept 2020) David Isnardi (Brevard Co Sept 20 19) Keith Jerdon, (West Melbourne Sept 2021) Drew Powshok, Vice-President (Brevard Co Sept 20 19) Jim Tapp (Palm Bay Sept 2019)

Staff & Support:

Philip Weinberg (Palm Bay Sept 2021)

Dan Anderson, District Manager Debbie Leclair, Asst. Manager/ Admin. Operations. Secretary/Treasurer Jim Beadle, Attorney Nancy F oresteire, Comi Reporter

Recognition of Guests and Support Staff

John Gergen, Assistant Manager/Operations Mike McCabe, District Engineer Mike Haridopolos, MJH Consulting

Announcements

The District User Fee Rates for 2019/2020 were approved at the County Commissioners meeting Tuesday, August 20,2019.

The District's annual inventory is scheduled to be done in October. Staff is requesting a Board Member to perform the inventory.

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Melbourne-Tillman Water Control District

MEETING OF THE BOARD OF DIRECTORS

TUESDAY, AUGUST 27, 2019

9:00AM

Brandon Veasey, General Maintenance Tech, will be leaving the District September 5, 2019. He has been with the District for 12 years and will be going to work for Brevard County Fire and Rescue.

Public Comments

Presentations

Mike Haridopolos will present a legislative update

Regular Business

~ Approval of the Operating Statement through July 31, 2019 (Attachment 1)

New Business

The annual Resolutions for the District's 2019/2020 Budget and User Fees are presented for approval:

~ Resolution 2019-01, a Resolution to authorize the levy of user fees . (Attachment 2)

~ Resolution 2019-02, a Resolution to appropriate funds required for the FY 2019/2020 (Attachment 3)

The District's Permitting Policy includes some revisions and is being presented for Board consideration (Attachment 4).

The Manager's annual review is due. His anniversary date is October 6.

Old Business

District Policy P-314, Right-of-Way Memorials, as approved at the June 25,2019 Board meeting (Attachment 5)

The MS-1 Maintenance and Repair Cost-Share Agreement between the District and St. Johns River Water Management District, that was signed October 28, 2015 included a Memorandum of Agreement which has not been signed by either patty. SJRWMD has

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Melbourne-Tillman Water Control District

MEETING OF THE BOARD OF DIRECTORS

TUESDAY, AUGUST 27,2019

9:00AM

requested this be finalized now that all the work has been completed. This MOA is for the maintenance ofthe MS-1 structure. (Attachment 6).

Staff Reports

~ Manager's Repmt, Dan Anderson

~ Engineer's Repmt, Mike McCabe Update on MS-1 elevations

~ Attorney's Repmt, Jim Beadle

~ Secretary/Treasurer's Repmt, Debbie Leclair

Closing

~ Meeting Schedule-

The District's final budget hearing with the Brevard County Commissioners is scheduled for Thursday, September 12, 2019, at 5:30pm. This will be held at the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.

The next Board Meeting is scheduled for Tuesday, October 22, 2019 at 9:00am in the City of West Melbourne Council Chambers.

~ Board Member Repmts Joe Hale Bob Hinkel Dave Isnardi Keith J erdon Drew Powshok Jim Tapp Phillip Weinberg

~ Adjourn

If a Board Member has a request for any agenda item you may raise it at any time or you may let staff know and it will be formally included in the agenda package distributed to the Board prior to each meeting. As usual, staff is available in person, by telephone, or by e-mail to discuss the agenda prior to each and eve!Jl Board Meeting.

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Attachment 1

MELBOURNE-TILLMAN WATER CONTROL DISTRICT

Operating Statement through July 31, 2019

Actual$ FY 2019 Approved FY 2019 Over/Under Percentage Budget

To Date Approved Budget Adjustments Modified Budget Budget Budget Revenue

User Fees $ 2,048,288 $ 2,146,587 $ 2,146,587 $ {98,299) 95% Permits $ 56,755 $ 30,000 $ 30,000 $ 26,755 189% Miscellaneous Income $ 197,857 $ 28,000 $ 28,000 $ 169,857 707%

Reven ue $ 2,302,900 $ 2,204,587 $ 2,204,587 $ 98,313

Balance Forward $ 2,320,639 $ 2,320,639 $ (2,320,639) 0%

TOTAL INCOME $ 2,302,900 $ 4,525,226 $ 4,525,226 $ 2,222,326

Expenses

Salary & Benefits

Salaries $ 811,057 $ 999,601 $ 999,601 $ 188,544 81%

Health Insurance $ 242,108 $ 270,656 $ 270,656 $ 28,548 89% Retirement $ 71,050 $ 103,876 $ 103,876 $ 32,826 68% FICA/Medicare $ 59,665 $ 76,469 $ 76,469 $ 16,804 78%

Worke rs' Camp $ 19,172 $ 25,000 $ 25,000 $ 5,829 77% SALARY & BENEFITS $ 1,203,051 $ 1,475,602 $ 1,475,602 $ 272,551

Operations Legal. Drug Testing, Accounting & Court Reporting, Engineering Testing,

Professional Services $ 48,699 $ 59,600 $ 59,600 $ 10,901 82% Misc. Prof Serv.

Cont ract Services $ 8,609 $ 9,800 $ 9,800 $ 1,191 88% Uniforms, Garbage Service

Travel $ 1,825 $ $ 2,000 2 $ 2,000 $ 175 91% Travel

Communications $ 8,323 $ 10,800 $ 10,800 $ 2,477 77% Postage, Telephone Service

Uti lities $ 5,751 $ 8,050 $ 8,050 $ 2,299 71% Utility, Solid Waste Assessment

Rentals $ 6,308 $ 8,000 $ 8,000 $ 1,692 79% Rentals

Liability Insu rance $ 85,306 $ 80,000 $ 80,000 $ (5,306) 107% Insurance

Repair & Mnt Serv., Repair & Maintn. Sup, Auto & Equipm Parts,

Repair & Maintenance $ 126,992 $ 155,900 $ 155,900 $ 28,908 81% Maintn. Agrmts.

Curre nt Cha rges $ 46,049 $ 47,700 $ 47,700 $ 1,651 97% Tax Call, Bnk Fees.,Pyrl. Exp, Lie & Permits, Advertising, Unemplm

Office Supplies $ 5,139 $ 6,000 $ 6,000 $ 861 86% Office Supplies

Operating Supplies $ 165,503 $ 253,000 $ (2,000) 2 $ 248,000 $ 82,497 67% Operating Supplies, Fuel, Gas & Oil, Aquatics

$ {3,000) 3

Books & Training $ 3,680 $ 6,300 $ 6,300 $ 2,620 58% Books, Pubs., Memberships, Training Costs

Restricted Reserves s $ 2,010,474 $ (33,370) 1 $ 1,977,104 $ 1,977,104 Reserves

OPERATIONS $ 512,184 $ 2,655,624 $ 2,619,254 $ 2,107,070 Capital Outlay

Improvements Other than Buildings $ 36,287 $ 100,000 $ (2,500) 4 $ 97,500 $ 61,213 37% Buildings $ Machinery $ 323,771 $ 290,000 $ 33,370 1 $ 325,870 $ 2,099 99%

$ 2,500 4

Computer Equ ipment $ 4,279 $ 1,500 $ 3,000 3 $ 4,500 $ 221 95% Computer Software $ 1,515 $ 2,500 $ 2,500 $ 985 61%

CAPITAL OUTLAY $ 365,851 $ 394,000 $ 430,370 $ 64,519

TOTAL EXPENSE $ 2,081,086 $ 4,525,226 $ 4,525,226 $ 2,444,140

1 Approved December 4, 2018 $33,370.00 From Reserves to Capital Equipment to cover budgeted equipment, higher than expected quotes

2 Approved February 26, 2019 $2,000.00 From Aquatics to Travel to fund Aquatics Seminar

3 Approved June 25, 2019 $3,000.00 From Operating Expenses to Computer Equipment

4 Approved June 25, 2019 $2,500.00 From Improvement other than Buildings to Machinery & Equipment

Attachment 2

RESOLUTION 2019-01

A RESOLUTION OF THE MELBOURNE-TILLMAN WATER CONTROL DISTRICT, BREVARD COUNTY, FLORIDA, PROVIDING FOR THE AUTHORITY TO LEVY USER FEES, AND CERTIFYING TO THE BREVARD COUNTY PROPERTY APPRAISER USER FEES LEVIED FOR THE FISCAL YEAR 2019, PROVIDING FOR AN EFFECTIVE DATE.

Section 1. The Melbourne-Tillman Water Control District was given the authority to levy User Fees under the Florida Statutes Chapter 01-336, Laws of Florida.

Section 2. The Board of Directors of the Melbourne-Tillman Water Control District, Brevard County, Florida, hereby certifies that the following classifications (categories of land use) will be assessed as follows:

CLASSIFICATION I RESIDENTIAL $24.01 per acre or portion thereof

CLASSIFICATION II AGRICULTURAL $ 8.40 per acre or portion thereof

CLASSIFICATION III COMMERCIAL $46.51 per acre or portion thereof

This levy has been adopted for the Final Budget for the Fiscal Year commencing October 1, 2019 in which the User Fee will be applicable to the property and land within the District during the taxable fiscal year.

Section 3. This RESOLUTION shall take effect immediately upon its adoption.

This RESOLUTION was duly passed and adopted at the Regular Meeting of the Board of Directors of the Melbourne-Tillman Water Control District, Brevard County, Florida this 27th day of August 2019.

ATTEST:

Debbie Leclair, Secretary/Treasurer Melbourne-Tillman Water Control District

Joseph Hale, President Board of Directors Melbourne-Tillman Water Control District

Attachment 3

RESOLUTION 2019-02

AN APPROPRIATION AND LEVY RESOLUTION OF THE MELBOURNE-TILLMAN WATER CONTROL DISTRICT, BREVARD COUNTY, FLORIDA, COVERING THE FISCAL YEAR BEGINNING OCTOBER 1, 2019 AND ENDING SEPTEMBER 30, 2020. BEING A RESOLUTION APPROPRIATING FUNDS REQUIRED FOR THE PURPOSE OF PROVIDING FUNDS FOR GENERAL OPERATING EXPENSES OF THE DISTRICT; ALL NECESSARY AND PROPER DISBURSEMENTS, AND OTHER EXPENDITURES NECESSARY OR PROPER FOR THE OPERATION OF THE DISTRICT AND THE PURPOSE OF CAPITAL OUTLAYS DURING SAID FISCAL YEAR; PROVIDING FOR THE ADOPTION OF THE BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2019 THROUGH SEPTEMBER 30, 2020; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Melbourne-Tillman Water Control District (MTWCD), is a Special Dependent District duly established and operating pursuant to Chapter 01-336, Laws of Florida, as amended by Chapter 03-334, Laws of Florida; and

WHEREAS, said laws provide that the Board of Directors of said Special Dependent District has the right, power, and authority to levy a User Fee in the District; and

WHEREAS, the Board of Directors of the MTWCD, Special Dependent District, has determined that the levy for the year 2019/2020 was approved by the Brevard County Commission,

NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE MELBOURNE­TILLMAN WATER CONTROL DISTRICT, SPECIAL DEPENDENT DISTRICT, this 27th day of August, 2019.

1. That the above recitation of findings of fact is hereby incorporated into this Resolution. 2. The Board of Directors of the MTWCD, Special Dependent District, approved the proposed

User Fee Levy as approved by the Brevard County Commission; 3. The Board of Directors of the MTWCD, Special Dependent District, approved the Proposed

Budget for Fiscal Year 2019/2020 (See Exhibit A). 4. This Resolution shall take effect immediately upon its adoption.

Upon adoption, this RESOLUTION shall be transmitted along with the approved Budget, and all other materials required by the Brevard County Commission.

ATIEST:

Debbie Leclair, Secretary/Treasurer Melbourne-Tillman Water Control District

ATIACHMENT: Exhibit "A" BUDGET FY19/20

Joseph Hale, President Board of Directors Melbourne-Tillman Water Control District

Exhibit A to Resolution 2019-02 Melbourne-Tillman Water Control District

Projected Operating Budget and Capital Improvement Program

REVENUE Taxes Licenses and Permits Intergovernmental Revenue Charges for Services

Approved Budget FY 2019-2020

Fines and Forfeitures Interest/Miscellaneous Revenue Statutory Reduction (NOT REQ'D) Total Operating Revenue

Balance Forward - Operating Balance Forward - Capital Balance Forward - Restricted Transfers - General Revenue Transfers - Other Other Financial Sources Total Non-Operating Revenue Total Revenue

EXPENDITURES Compensation and Benefits Operating Expenses Capital Expenditures Grants & Aid Total Operating Expenditures

Debt Service Reserves - Operating Reserves - Capital Reserves - Restricted Transfers Total Non-Operating Expenditures Total Expenditures

$0 $40,000

$0 $2,205,569

$0 $35,000

$0 $2,280,569

$2,190,944

$0 $0 $0 $0

$2,190,944 $4,471,512

$1,566,035 $631,027 $214,400

$0 $2,411,462

$0 $0 $0

$2,060,050 $0

$2,060,050 $4,471,512

Attachment 4

MJELBO URNE-TILLMAN W A TJER CONTROL DISTRICT

Permitting Policy

June 26, 2018

TABLE OF CONTENTS

SECTION

Objectives

Authority

Policy Statement Concerning the Districts' Permitting Criteria

General Information

Obligations of the Permitee

The Permitting Process- Application for Permit Conditions Applicable to ALL Permits

Permit Fee Schedule

Duration of Permits

Modification of Permits

Transfer of Existing Permit

Illicit Discharges

MTWCD Illicit Discharge Remedial Procedures

De-Watering Policy and Fees

Procedures for Permitting

Subaqueous and Transmission Lines

Procedures for Permitting Culverts -Residential

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PAGE

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4

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5

5-6

7-8

9-10

11

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12-13

14-15-16

17-18

19-20-21

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OBJECTIVES

The purpose of this manual is to set forth the policies, procedures, and technical requirements associated with connecting to, placing structures in or across or otherwise making use of, the lands and/or facilities of the Melbourne-Tillman Water Control District (herein collectively referred to as the "District").

Any and all work involving the lands and/or drainage/water management facilities of the District shall not commence until prior approval of the District Board of Directors and/or the District Manager is received. The approval process consists of submitting an Application for Permit, (along with other requirements listed in the application) to the District. The District Manager and District Engineer shall review the application for conformance with the established policies and technical requirements contained in this manual. All permits involving parallel use of the District rights-of-way, and all other proposed uses that the District Manager determines require approval from the Board of Directors shall only be issued following the approval of the application, by the Board of Directors with appropriate limiting conditions and/or formal Agreements.

In the case of MTWCD ROW being used for haul roads, construction access roads, and activities that require vehicular traffic and/or any other activity that the Board of Directors determines is a comparable use of the MTWCD ROVl will require a Temporary Vehicular Use Permit. The fee required to obtain and continue to keep a Temporary Vehicular Use Agreement active is payable upon issuance of the permit and every month thereafter as v,rill be defined in the Permit. The area that 'Nill be used to calculate the fee will be calculated based on the dimensions of the eJtisting maintenance road between the top of bank of the canal and the ROW line of the canal. The fee is included in the Pe1mit Fee schedule under Miscellaneous Fees.

Use of Right-of-Way as Temporary Access- MTWCD does not permit right-of-way use not listed in the fee schedule shown in this Permit Policy manual. All requests for a variance to use MTWCD's right-of-way as temporary access will be considered on an individual basis. Board of Directors approval is required for uses of right-of-way. Prior to using MTWCD's right-of­way as temporary access, the propetiy owner must submit an application for authorization of this use, with applicable application fee (non-refundable), for staff review and consideration by the Board of Directors. Applicants must demonstrate a substantial hardship or a public purpose and must provide assurances that drainage works and maintenance functions will not be harmed. If approved by the Board of Directors, applicable permit and right-of-way use fees will be applied and must be submitted prior to permit issuance. The District's fee of $30.00 per linear foot applies and upon completion of use and satisfactory restoration of right-of-way $15.00 per linear foot will be returned to the applicant. The applicant will indemnify and hold harmless MTWCD from any damages resulting from the use of the right-of-way. Proof of minimum of $1,000,000.00 liability must be furnished to MTWCD with MTWCD listed as an additional interest. Upon completion of the use of right-of-way, the permit may be te1minated immediately at the sole discretion of the MTWCD District Manager or Board of Directors.

The District's Water Management Facilities include, but are not limited to: drainage and

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associated water management facilities, weirs, canals, lakes, structures, or any such works. Hereafter, works is defined to include (but not limited to) all water management facilities, lakes, canals, outfall structures, culverts and District rights-of-way.

Issuance of a permit does not convey any property rights or privileges other than those specified in the permit. It does not authorize any injury to private rights, nor does it waive the governing requirements of any other agency or authority. It simply expresses the assent of the District insofar as concerns the public's interest and protection under the District's enabling legislation, Chapter 2001-336, as amended by 2003-334, Laws of Florida, to authorize the drainage, and reclamation of the lands in said District.

AUTHORITY

A copy of all laws relating to the operating of the District is available for public inspection at the District's office located at 5990 Minton Road, Palm Bay, Florida and on its website at the following link: http:/ /www.mel bournetillman.org/special-district -information/.

The Board of Directors of the Melbourne-Tillman Water Control District is authorized and empowered by Chapter 2001-336 House Bill No. 1115, Laws of Florida, to implement, finance and operate all existing surface water management system facilities and those to be constructed within the jurisdiction of the District, subject to being granted all permits required by the laws, rules, and regulations of federal, state, and regional regulatory agencies. Consequently, prior to approving MTWCD Permits for outfall connections, and subaqueous crossings, it is necessary for the applicant to demonstrate that he has acquired the necessary petmits from the St. Johns River Water Management District (SJRWMD), the Florida Dept. of Environmental Protection (FDEP), the U. S. Corps of Engineers (USCOE), Brevard County, Florida Dept. of Transpmtation (FDOT), etc.

POLICY STATEMENT CONCERNING THE DISTRICT'S PERMITTING CRITERIA

It is the policy of the District to consider the use of the lands and/or drainage/water management facilities of the District for adjacent owners, private corporations and governmental entities. The use shall not adversely impact or interfere with the District' s ability to utilize these lands in any manner it sees fit in fmtherance of the District's missions.

No petmits will be granted for any use that adversely affects, interferes with, or imposes hardship upon the District's operations, maintenance or construction activities; or degrades the quality of the District waters, or is inconsistent with the water control plan of the District.

In order that the District can detetmine that a use of the rights-of-way will not interfere with the District' s objectives, the District requires individuals or entities' wishing to use the District' s rights-of-way to first obtain approval before any activity begins within the rights-of-way. Construction on or use of the rights-of-way without obtaining prior District approval is unauthorized and in violation of Sections 22 and 23 of Chapter 2001-336, Laws of Florida.

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The District reserves the right to remedy violations to the full extent of the law. The Manager will repmi the scope of all unauthorized activity to the District's Board of Directors at the next scheduled meeting for consideration of remedial action necessary by the District to recover losses associated with any unauthorized activity.

The District reserves the right to change, regulate and limit discharges into or withdrawals from District facilities, amend or change any of its policies, practices, procedures or regulations. Such action shall not constitute any claim for damages nor become the basis for legal suit by any Permittee.

The District will record the issued pennit with the Brevard County Clerk of the Court. The Perrnitee will bear all fees .

GENERAL INFORMATION

A permit must be obtained by any person, company, corporation, association or govemmental agency desiring to connect to, cross (under/over), place or replace_stmctures upon/within, or otherwise make use of the lands and/or drainage/water management facilities of the District.

Issuance of a permit by the District is simply an acknowledgment that the specific use of Public Land, as requested by the Applicant, is proper and conforms to the requirements and standards of the District. Permits convey no propetiy rights nor any other rights or privileges other than those specified in the permit.

A permit must be obtained for any new or improved (1) commercial (2) industrial (3) multi­family projects and any new or improved (4) single-family parcels that require any use within District rights-of-way. Permit applications may be obtained at the District office or on the District's website: www.melboumetillman.org

Ownership of any stmcture permitted by the District is conveyed to the cunent propetiy owner and must follow original permit requirements, including proper transfer of a permit due to change of ownership.

Please note, that after MTWCD submits a Request for Additional Information (RAI) to the Applicant or his Agent, the Applicant or Agent will have six ( 6) months from the date of the RAI to respond. In the event the Applicant or Agent does not submit a response that specifically addresses each concem expressed in the RAI, or in the case of a negative response citing specific Policies or pmiions of MTWCD's Enabling Legislation that are in conflict with the RAI, the Permit Application will be considered null and void and all fees will be forfeited. The Applicant would then need to provide all new fees in order to reactivate the Permitting Process for that Project.

OBLIGATIONS OF PERMITTEE

With the acceptance of an issued permit, the Permittee agrees to the following:

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1. To abide by the terms and conditions of the issued permit and these policies.

2. To maintain any works or structures (title to which remains with the Permittee) located on District rights-of-way, in a good and safe condition.

3. To hold and save the District, its officials, employees, contract agents and its successors, harmless from any and all damages, claims or liabilities which may arise by reason of the construction, operation, maintenance, or use of the permitted work or structure.

4. To allow inspection, at any time by the District, of any works or structures authorized by the petmit. Failure to make any immediate changes, or repairs, as requested by the District to ensure the safe operation of the District waterways, could result in the District completing such repairs at Permitee's expense. In order to insure that the works are being Operated and Maintained correctly, it may be necessary for the Permittee to have the ·works reviewed by a Professional Engineer on a periodic basis.

5. To prevent the discharge of debris, sediment, and/or nuisance noxious aquatic plants harmful to drainage, water control, conservation or navigation into any District works.

6. To maintain the water quality of all waters discharging into District works.

7. To conform to any changes in the administrative or technical requirements upon which the original permit was issued as deemed necessary by the District.

8. To allow the District unimpeded access to construct, operate and maintain its drainage/water management facilities.

9. To ensure water quality standards, Permittee will be responsible to follow all "Best Management Practices" (BMP's) during construction. These include silt fences, filter fabric or any other apparatus needed to stabilize the District's right-of-way. Reference materials include Florida Stormwater Erosion and Sedimentation Inspector's Manual (2003), and State of Florida Erosion and Sediment Control Designer and Reviewer Manual (20 13).

10. Upon completion of the construction specified in the PERMIT, the District requires the signed Notice of Completion, a set of "As-Built" plans, boring logs (if applicable), and electronic media for the project is be submitted for final approval of the structure.

11. Permit transfers are the obligation of the original Permittee and MUST be transferred when the propetiy ownership changes by following District policy for Transfer found herein this document.

12. Pe1mitee agrees to pay any and all fees associated v1ith recording the permit.

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THE PERMITTING PROCESS-APPLICATION FOR PERMIT

The permitting process begins with the submittal of an Application for Permit. Required application fmms can be obtained in person at the District office located at 5990 Minton Road, Palm Bay, Florida, 32907 or on the District's website, Permitting Process, or by telephone (321) 723-7233. A nominal fee may be charged for postage and handling if permit application materials must be mailed.

All sections of the Application for Permit must be completed, signed and notarized by the owner. In order for the owner to have a designated representative/agent, a notarized letter of authorization stating such is required.

All Applications for Permit shall be appropriately checked for type of work and accompanied by payment of the appropriate fee in accordance with the following fee schedule. Also, the District requires two sets of plans,_11" x 17" sheets preferred, two sets of calculations signed and sealed by a Florida registered engineer, electronic files on one (1) compact disc or memmy drive of plans and calculations, and copies of all other Govermnent Agency Pe1mits necessary to construct all of the proposed drainage facilities shown in the plans, such as SJRWMD, FDEP, USCOE, FDOT, or Brevard County be included in the original submittal. MTWCD cannot review any set of plans without these outside Agency Permits having been issued prior to submittal to MTWCD. However, MTWCD will provide a Substantial Compliance Review if the applicant wishes to check that their proposed use of MTWCD ROW substantially complies with MTWCD's Policies, in order to avoid the potential for changes during the formal MTWCD Permitting Review. Please refer to the Fee Schedule. Historically, all culve1is, which include all structural conveyance systems that are installed within the canal, parallel to the direction of flow, or a bridge, which spans the canal ROW perpendicular to the direction of flow, are exceptions to obtaining approval from other Govermnent Agencies first. Since these structures have a direct impact on the potential maximum capacity of the MTWCD canal system, MTWCD must review and approve these structures prior to any other Agency review or approval.

CONDITIONS APPLICABLE TO ALL PERMITS:

• Permit Fees shall be doubled if improvements are stmied without a permit.

• A fmiy-eight ( 48) hour notice shall be given prior to required inspections.

• hnprovements installed within MTWCD rights-of-way shall not be backfilled prior to inspection or are-inspection fee will be charged and the work will have to be excavated for inspection.

• Record drawings are required to be submitted to MTWCD prior to MTWCD issuing the Notice of Completion. All stormwater outfalls must remain plugged until the Applicant/Owner receives an approved Notice of Completion from MTWCD.

• The use of canal water for installing underground borings or any other construction 7

activity is prohibited.

• Government Agencies with a reciprocal agreement are exempt from paymg any permitting fees.

• Modifications to existing permits shall be reviewed in the same manner and shall be subject to the same permit fee schedule as original permit application.

CONDITIONS APPLICABLE TO ALL OUTFALL PERMITS:

• Stormwater outflows are restricted to 0.08 cfs/acre for the 25yr-24hr storm event and 0.05 cfs/acre for the Mean Annual storm event. These rates are consistent with the average flow rates that were used in the original design for the MTWCD canal system.

• The following pipe size chart must be adhered to for all projects submitting for an outfall or a drainage pipe connection to the MTWCD ROW:

Note: The slope is determined by the type of pipe material being used* Plastic or** CMP

Project Size (Acres) Pipe Size/ Material Maximum Pipe Slope

.100-35.0 12" Plastic* OR 15" CMP** *=.5% **= .5% 35.1 - 55.0 14" Plastic* OR 18" CMP** *= .4% **= .6%

55.1 - 65.0 16" Plastic* OR 24" CMP** *= .3% **= .2%

65.1 - 110.0 18" Plastic* OR 30" CMP** *= .4% **= .15%

110.1-250.0 24" Plastic* OR 36" CMP** *=.5% **= .35%

Sites above 250 acres will be sized by MTWCD Staff on a case by case basis. Please contact our Office (321-723-7233) for assistance prior to designing outfalls for projects that have a single outfall for drainage areas larger than 250 acres. Large sites exceeding 250 acres, which will have multiple outfalls, where each sub-drainage area is 250 acres or smaller, will use the above chart for each sub-drainage area's outfall.

CONDITIONS APPLICABLE TO ALL CULVERT/BRIDGE CROSSING PERMITS:

The District will allow only single banel culverts_. box culverts, or bridges for all new and replacement culve1i installations running parallel with the District Canal Rights-of-Way. Multiple barrel culverts have historically clogged with excessive debris during rain events, and as these culverts deteriorate and need to be replaced, they are to be changed to single barrel installations. For all proposed structures, applicants shall have a pre-design meeting with the District before formally submitting any plans to other regulatory agencies, in order to receive

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design criteria with regards to flow capacity, elevations, and headwall design/materials from the most current ICPR model data for collector and lateral canals and the SWMM model for the C-1 Basin, survey data, and FDOT design standards, as updated or amended from time to time. All design criteria for flow capacity shall be based on the peak 25 year 24 hour storm event provided by the District for the location of the proposed structure as identified from the most current ICPR model results.

New structures, not a replacement, shall be capable of providing for the peak 25 year 24 hour storm event's flow capacity, based upon respective model data, identified above, with an upstream water elevation no greater than 0.10 ft. higher than the downstream water elevation. The applicant shall provide survey data to include the next immediate upstream and downstream culvert crossings, inveli elevations, size of structures, and distance to proposed structure as well as a canal cross-section at the location of the new structure.

Replacement structures shall be capable of conveying a peak flow rate of the 25 year 24 hour stmm event, as provided by the District, utilizing model data identified above. The applicant shall provide survey data to include the obsolete structure's invert elevations and size of structure, if still in place. The District shall determine the minimum size opening needed to address the peak 25 year 24 hour storm event's flow rate, from model data identified above, and compare that to the opening of the obsolete structure. The replacement structure's peak flow area minimum size will be the average of the obsolete structure peak flow area and the minimum design peak flow area for the 25 year 24 hour stmm event. The applicant may install a larger structure flow area than the dete1mined average at their discretion.

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PERMIT FEES

Culverts, Bridges, Roadways:

Culvert Installations

Culvert Installations

Bridge new, re-designs or Box culverts

Bridge new, re-designs or Box culvetis

Note: Bridges are defined as a horizontal opening 20' or greater.

Private Utility Lines:

(0-120 L.F.)

(Over 120 L.F.)

(0-120 L.F.)

(Over 120 L.F.)

(Water, Sewer, Re-use, Phone, Electric, Cable, Gas, etc.):

Utility Crossings under/over existing culverts or attached to bridges.

For Sub Aqueous and Aerial Utility Crossing Canal

Parallel Installations *for each separate item inside MTWCD's Rights-of-way

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Fee Amount

$ 750.00

$ 800.00

$1500.00

$2,000.00

Fee Amount

$ 750.00 + $15.00/LF (LF of crossing in Rights-of-way)

$ 750.00 + $15.00/LF (LF of crossing in Rights-of-way)

$ 750.00 + $20.00/LF

(LF of crossing in Rights-of-w

Stormwater Outfalls or Drainage Pipes:

Piped outfalls ·within:

Projects 10 acres or less

Projects above 10 acres and less than 40 acres

Projects 40 acres and above

Miscellaneous Fees:

Excavation within Rights-of-way Required for any of the above permitted structures and to include the removal of existing structures.

Temporary Vehicular Use Permit

Temporary Access Usage Linear usage (additional)

Satisfactory right-of-way restoration

Substantial Compliance Review: Projects 10 acres or less Projects above 10 acres and less than 40 acres Projects 40 acres and above

Permit Inspection and Administrative Fees for:

Transfer of Permit: Transfer fee Inspection by District Engineer to determine

reliability of structure.

Temporary Construction Permits: Temporary Permit-Limited to a 6 month duration

Fee Amount

$ 750.00 each

$1,250.00 each

$1,750.00 each

Fee Amount

$ 355.00 each

$.1 0/sflmonth

$ 200.00 $ 30.00/LF

($1,500 minimum) $ 15.00/LF refund

$ 75.00 $ 125.00 $ 175.00

Fee Amount $ 100.00

Extension of Temporary Permit -Limited to a 3 month extension

Fee Amount $250.00 $ 250.00

Temporary Construction Permit fees cover the first site inspection visit only. The first re­inspection fee will be $100.00; the second inspection fee will be $150.00 with each inspection thereafter increasing $50.00 each time. The contractor must complete all requirements listed in the permit before calling for inspection.

For all regular plan reviews and regular permit applications the first resubmittal is free. But all subsequent submittals will have a fee equal to the amount of the original permit fee;

11

not including any additional per linear foot costs.

DURATION OF PERMITS

A permit may be issued for the life of the requested use. However, limiting conditions and/or special situations associated with the issuance of a particular permit may restrict its useful life span. Construction shall commence within two (2) year of issuance of permit or permit expires. The construction period for Temporary permits shall be six (6) months from the time of issuance. The District reserves the right to rescind any permit at any time.

MODIFICATIONS TO AN EXISTING PERMIT

Any modifications to a previously permitted and currently existing use of District lands or drainage/water management facilities will not require a new permit, existing permit will be modified. Permits and fees shall be required.

The Permittee must submit a written request to the District to amend the petmit. Such request shall include sufficient infmmation detailing the modification desired and the reasons for the modification.

Requests to modify an existing pe1mit shall be reviewed in the same manner and shall be su~ject to the same pe1mit fee schedule as original permit applications.

The Petmittee will be notified in writing by the District as to the status of the request to modify an existing permit.

TRANSFER OF EXISTING PERMIT

The holder of a valid permit issued by the District may allow a third party the use of his/her permitted structure, provided that the Permittee notifies the District in writing of such intended changes. Permits are not assignable without the express written consent of the District. A valid permit MUST be transferred to a new Pe1mittee only upon written request to the District, with the consent of the original Permittee as well as the new owner clearly indicated.

All permits that involve a transfer in ownership and have no other modifications associated with them, will be processed as a permit transfer.

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ILLICIT DISCHARGES

The National Pollutant Discharge Elimination System (NPDES) permitting process has determined Melbourne Tillman Water Control District (MTWCD) canals are waters ofthe State. Under Chapter 62-302 of Florida Administrative Code (F AC), most of the MTWCD canals are designated as Class III waters (Chapter 62-302.400(14)) with secondary and tertiary canals completely within agricultural areas classified as Class N waters (Chapter 62-302.400(16) (a)). The Florida Depmiment of Environmental Protection (FDEP) is charged with overseeing the "Surface Water Quality Standards" of Chapter 62-302 (FAC). Any flow(s) found to be in violation of the "Surface Water Quality Standards" of Chapter 62-302 (FAC) is deemed an illicit discharge. All alleged illicit discharges discovered by MTWCD will be refened to FDEP for further action afforded under Chapter 62-302 (FA C).

All applicants for a stormwater outfall connection into a MTWCD canal must provide documentation the stormwater discharge facility complies with or is exempt from "Regulation of Stormwater Discharge" (Chapter 62-25, FAC). The St. John's River Water Management District (SJRWMD) is the local Agency responsible for ensuring compliance therefore applicants must present a SJR WMD Environmental Resource Permit or provide documentation for exemption from SJRWMD pe1mitting before MTWCD will issue a permit. Violations of "Regulation of Stormwater Discharge" (Chapter62-25, FAC) will be refened to SJRWMD for fmiher action. Concunently, MTWCD will implement actions in accordance with "MTWCD Illicit Discharges Remedial Procedures" (See Page 12 of this document).

The use of reclaimed water is encouraged for inigation provided such water does not compromise the water quality of the canals and adheres to the "Reuse of Reclaimed Water and Land Application" (Chapter 62-610, FAC). The setback distances between the wetted site area subject to land application and surface waters must be maintained. All land application systems must be designed to minimize adverse effects of aerosol drift and ground water flow into surface waters in accordance with Section 62-610.421 (1) (7) (8) F AC. The hydraulic loading rates for all slow rate application systems, which include individual residential sites, shall be consistent with the requirements of Section 62-610.423, FAC. The hydraulic loading rate shall not produce surface runoff or ponding of the applied reclaimed water. Violations of any pmiion of Chapter 62-610, F AC will be referred to the FDEP for fmiher action and MTWCD will implement actions in accordance with "Illicit Discharges Remedial Procedures" Policy.

All discharges in the MTWCD Canal System are governed by "Surface Water Quality Standards" Chapter 62-302, F AC. "Surface Water Quality Standards" outlines standards expected for all MTWCD Canals, regardless of classification. Violations of Chapter 62-302, F AC will be refened to FDEP for further action and MTWCD will also implement action in accordance with "Illicit Discharges Remedial Procedures" Policy.

13

The following are Exceptions to Illicit Discharges:

1. Flushing of potable waterlines, excluding discharges of hyper-chlorinated water with chlorine residual of 1 0 ppm or greater unless the hyper-chlorinated water is first de­chlorinated. The de-chlorination process cannot produce side-affects that adversely impact aquatic plants and wildlife.

2. Runoff from landscape inigation, lawn iiTigation, and other iiTigation utilizing potable water, uncontaminated ground water, or other uncontaminated water sources such as surface water or stored rain water.

3. Diverted stream flows

4. Rising groundwater and springs

5. Foundation and footing drains

6. Uncontaminated, visibly clear, pumped ground water

7. Air conditioning condensation

8. Water from crawl space pumps

9. Individual residential vehicle washing

10. Flows from wetlands and riparian habitats

11. De-chlorinated swimming pool discharges

12. Discharges or flows from fire-fighting activities not including washing of trucks, runoff water from training activities, test water from fire suppression systems, and similar activities.

14

MTWCD ILLICIT DISCHARGE REMEDIAL PROCEDURES

Illicit Discharge from existing works:

Any violations that occur in residential, multi-family, commercial, industrial and all other non- residential uses (Community) which are subject to regulation under Chapter 718 F.S. (Condominiums), Chapter719 F.S. (Cooperatives), Chapter 720 F. S. (Homeowners'

Associations), Chapter 721 F.S. (Vacation and Timeshare Plans), and Chapter 723 F.S. (Mobile Home Park Lot Tenancies), will be addressed to the Governing Association of the Community and also, whenever possible, to the individual entity /entities within the Community responsible for the Illicit Discharge.

The first offense by any individual entity/entities within the Community will result in the MTWCD providing written notification, with documentation, to both the entity/entities and the Governing Association of the offense(s). They will be given sixty (60) days to rectify the

mechanical functioning of the system (s) and to provide the MTWCD with documentation that their Association Documents contain language that requires all systems using reuse water for inigation to comply with Chapter 62-610 F .A. C. and the penalties associated with violations.

•!• Failure to comply with the remedial actions, within the sixty (60) day time frame, will result in all previously issued MTWCD pe1mits being revoked. Additionally, the Governing Association must obtain a MTWCD Conective Action Permit; pay all fees associated with the Conective Action Permit in accordance with the fee schedule

established for the Corrective Action Permit. The Governing Association will be given sixty (60) days to provide the Conective Action pe1mit and fees to MTWCD and thirty (30) additional days to implement and complete the Conective Action Plan.

•!• Failure to comply with the Conective Action Permit procedures will result in MTWCD removing the Community's connections to the MTWCD system, at the Community's expense, until the Community complies with the Conective Action Permit requirements.

•!• Additionally, the Community will be responsible for acquiring a Temporary Dewatering Pe1mit from the MTWCD that would allow a maximum pumped discharge of .05cfs_(22.4 gpm) per acre based on the size of the Community. The discharge will only be allowed through a filtered discharge system that limits particles to 5 microns or less. The Community will be responsible for procuring, operating, and maintaining all equipment needed to pump and filter the discharge. The Temporary Dewatering Permit will expire after thirty (30) days and will be renewable at the discretion of the District Manager. The fee for the original Temporary Dewatering Petmit, and each

15

subsequent renewal, will be based on the Fee Schedule established for Construction

Dewatering Permits.

•!• The District Manager has the authority to temporarily open the connections between the Community and the MTWCD canal system in preparation for Tropical Stmm/Hurricane

type events.

•!• The procedures outlined above will also apply to all properties and Communities that do not have associations established in accordance with the Florida Statutes and the Owner

of the Propetiy will be the entity responsible for conforming to requirements.

Illicit Discharges Occurring During Construction Process:

Due to the fact that Construction Projects are transient in nature, all projects one (1) acre or larger must acquire an NPDES Construction Generic_Permit (CGP)_from the Florida Depatiment

ofEnvironmental Protection_that requires the use of Best Management Practices. MTWCD issues De-watering Permits that require specific procedures for de-watering and erosion control. The Contractor licensed to perform the site work in accordance with the use of Best Management Practices is in charge of the overall site work. The Permitee is responsible for scheduling the

required pre-construction meeting with MTWCD staff to be held on the project site. During the pre-construction meeting, prohibition of illicit discharges and alternate solutions to protect the integrity of the MTWCD Canal will be discussed for the site specifically.

~ The construction site will be subject to inspection by MTWCD staff to ensure all construction activities in MTWCD Rights of Way comply with the terms of the issued permit, and to verify illicit discharges into MTWCD Canals are not occurring. Should an illicit discharge occur either by enor or will, all construction activities within MTWCD

rights of way, including de-watering must immediately cease.

~ Any construction related illicit discharges will result in MTWCD revoking all permits issued for the project. The owner must obtain new permits for all works and pay all permit fees associated with such works, provide plans and calculations as necessary, and obtain a MTWCD Conective Action Petmit, including the required permit fees for the Conective Action Permit. No fmiher construction or use of MTWCD rights of way will be allowed until all new permits and a CmTective Action Permit are obtained. Illicit discharges that involve de-watering violations will be processed in accordance with the

MTWCD De-watering Policies.

It is acknowledged that mechanical and human enors can happen. Consequently, the District Manager, at his discretion, can waive the requirement for a Conective Action Petmit on the first illicit discharge violation that occurred during construction, provided:

16

~ The Permittee immediately self corrects the issue(s) that caused the violation.

~ The Permittee self-reports the violation to MTWCD.

~ Further, within 24 hours of the initial illicit discharge violation, the Permittee must provide the District Manager a written report, certified to be true and accurate by the Project Engineer detailing what occurred, how it occmTed and conective actions taken to prevent any fmiher violations, what conective actions will be taken to correct any damage to MTWCD works. Permittee must include pictures, documentation, and construction records.

~ Regardless of the circumstances of the illicit discharge, all MTWCD site permits issued to the Project will be rescinded and all activity must immediately cease as stated in the special conditions of the permit. Before any construction activities can resume, the permitee will be required to submit a new permit application, new plans to include all the corrective actions described in the Cetiified Written Report prepared by the Permittee and remit new pe1mit fees, in accordance the MTWCD fee schedule.

~ Until the new MTWCD Permits is issued, there will be no use of the MTWCD ROW allowed.

FEES FOR CORRECTIVE ACTION PERMIT: Ten (1 0) acres or less Above ten (1 0) acres and less than forty ( 40) acres Above forty ( 40) acres

FEES FOR TEMPORARY PUMPING PERMIT: Ten (1 0) acres or less Above ten (10) acres and less than fmiy (40) acres

Above forty ( 40) acres

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Fee Amount $ 2,500.00 $ 5,000.00 $10,000.00

Fee Amount $ 250/month $ 500/month $1 ,000/month

DE-WATERING POLICY

General Conditions:

MTWCD's Right of Ways shall not be obstructed and shall be returned to the original condition or better at the termination of the de-watering operation. At no time during the de-watering operation shall MTWCD canal slopes be compromised.

•!• All de-watering operations that require a direct discharge point into an MTWCD canal will require a Standard De-Watering Permit from MTWCD prior to being placed into service. This permit and fee are on a monthly basis to discourage prolonged dewatering operations and staff manpower to inspect and monitor the operation.

•!• In the event de-watering operations are commenced without a validly issued MTWCD Standard De-Watering Permit:

• MTWCD will require immediate cessation of all discharges into the MTWCD canal and the immediate removal of the source of the discharge from the MTWCD rights of way.

• The propetiy owner will be required to obtain a Conective Action De­Watering Permit and all work in the MTWCD, permitted or not, will not be allowed until the Conective Action De-watering Permit is issued.

•!• All discharges into MTWCD facilities, whether direct or indirect, shall be visibly clear at all times and shall not disturb the bottom of the receiving body or cause shoaling, turbidity or erosion. Sedimentation basins, siltation basins, dewatering tanks, weir tanks and similar methods of sediment removal are considered inadequate for pre- treating discharge from standard de-watering operations and are not allowed to directly discharge into any MTWCD canal or facility.

•!• Gravity bag filters must be constructed on a hay bale base extending a minimum of five (5) feet beyond the gravity bag filter and:

• The hay bale base must have a hay bale banier constructed around its perimeter. The hay bale barrier must have a silt fence constructed five (5) feet from the hay bale batTier around the perimeter of the hay bale barrier.

• Gravity bag filters and sock covered perforated pipe suction discharges can only be used as the final filter at sites that have a minimum grain size of fifty (50) microns (.05 mm) or greater.

• For all sites that have any soils with a grain size of fmiy-nine (49) microns or less, the final discharge into MTWCD canal or facility must be filtered through a sand media pmiiculate filter, a pressurized bag filter, a cartridge filter, or equal.

• The use of de-silting trains, using several sediment removal methods in

18

series is encouraged to insure that the discharge is visibly clear at all times.

•!• Well point systems are generally acceptable for direct discharge into MTWCD canals or facilities. However, it is the applicant/owner's responsibility to insure that all de-watering discharges comply with this section

•:• MTWCD will require proof of a permit or written approval from St. John's River Water Management District and other all applicable government agencies to be furnished prior to commencement of the de-watering operations.

•:• Prior to stmiing any de-watering operation, the applicant/owner shall provide documentation stating their site complies with the parameters outlined in the Florida Department of Environmental Protection (FDEP) document number 62-621.300(2), "Generic Permit for the Discharge of Produced Ground Water from any Non­Contaminated Site Activity."

•:• MTWCD retains the right to stop all operations if walTanted by adverse weather conditions.

FEES FOR STANDARD DE-WATERING PERMIT:

Ten (10) acres or less Above ten (1 0) acres and less than f01iy ( 40) acres Above f01iy ( 40) acres

FEES FOR CORRECTIVE ACTION DE-WATERING PERMIT:

Ten (10) acres or less Above ten (1 0) acres and less than forty ( 40) acres

Above f01iy ( 40) acres

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Fee Amount

$ 625.00/month $ 1,250.00/month $ 2,500.00/month

Fee Amount

$ 2,500.00 $ 5,000.00

$10,000.00

PROCEDURES FOR PRIVATE UTILITY LINES

MTWCD Right of Way is intended for the exclusive use by the MTWCD to perform its water management functions. Consequently, the use of the MTWCD Right of Way for any other use is considered the option of last resmi.

•!• All Applicants for a MTWCD Permit must provide documentation that ALL other avenues have been exhausted. Copies of formal signed denials from all of the entities that control the other possible routes must be provided with the MTWCD Utility Permit Application. MTWCD will not process any application that does not contain this information.

•!• All proposed water mains and services; sanitary sewer force mains, sanitary sewer gravity mains, sanitary sewer laterals, and all sanitary sewer service lines; re-use mains, laterals and services, must apply for a MTWCD Permit.

•!• The MTWCD permit fee will be waived if the applicant listed on the Florida Depatiment of Environmental Protection (FDEP) permit application is a government agency that has a reciprocal "No Fee" agreement with MTWCD. In addition to this, the utility project must be funded entirely with public funds and have been implemented in accordance with the standard procedures that the government agency follows in issuing contracts for all of its Capital Improvements Projects. Utilities such as gas, fiber optics, electric, cable, etc. are not eligible for a waiver of the fees.

•!• In the event the FDEP Permit Applicant or Permittee is a Non-Government entity, the Non- Governmental entity will be required to pay all appropriate fees necessary to obtain a MTWCD Permit even if the project will eventually be turned over to a Government Agency with a reciprocal "No Fee" Agreement with MTWCD.

•!• All proposed phone, electric, cable; gas, fiber optic and similar types of utilities must apply for and pay all appropriate fees prior to receiving a permit from MTWCD.

•!• The lineal foot pmiion of the MTWCD Petmit fee applies to all utility lines of any size or orientation (diagonal, perpendicular, parallel, meandering, etc.) placed within the MTWCD Right of Way. Only those Government Agencies that have a properly executed 'No-Fee' Agreement with MTWCD are exempt from the above criteria.

•!• Orientation: );> MTWCD reserves the right to direct the location and orientation of all proposed

utility lines so that they conform to the needs of the MTWCD.

20

~ All proposed utility lines that will run parallel to the MTWCD Right of Way must be:

• Situated within the maintenance road of the canal right of way.

• Located no more than 3 feet from the canal right of way line.

• Have no above ground appmienances.

• Have boxes with reinforced covers at appropriate intervals.

~ Proposed utility lines that will run perpendicular to the MTWCD Right of Way must be intersecting the canal right of way lines and running its entire length at a 90 degree angle with the canal right of way.

~ In the case of all existing or proposed cable/wire type aerial crossings, the minimum vertical clearance between the top of bank and the lowest pmiion of the aerial crossing must be:

• Collector Canals 45 feet

• Crossings Over All other Canals 25 feet

~ The District Manager has the authority to reduce the vertical clearance requirements to a minimum of 18 feet at aerial crossings that are situated 50feet or less from a roadway canal crossing. MTWCD will systematically notify the appropriate utilities in regards to adjusting existing aerial crossings that do not comply with the preceding criteria. The utility will have 60 days from the date of the notification in which to comply. Failure to comply within the 60 day time frame will result in the utility having to remove the aerial crossing from the MTWCD ROW.

~ Guy anchors are not allowed within the MTWCD ROW. MTWCD will systematically notify the appropriate utilities in regards to removing existing guy anchors from the MTWCD ROW. The utility will have 60 days, from the date of the notification, in which to comply. Failure to comply within the 60 day time frame will result in the utility having to remove the aerial crossing, which is supported by the guy anchor, from the MTWCD ROW.

~ In the event it is necessary to alter the direction of a utility that is perpendicular to the canal right of way, then the change in direction must occur:

• Within the maintenance road pmiion of the canal right of way.

• Must be no further than 3ft. from the canal right of way line.

• Must be made using an appropriate 90 degree bend fitting appropriate restraining joints, tie rods, or other acceptable mechanical restraint methods must be used, thrust blocks and similar non-mechanical methods are not allowed.

21

•!• In general, meandering runs will not be permitted without proper justification. All meandering utilities must be presented to the Melbourne Tillman Water Control District Board of Directors for Board approval before a pe1mit can be issued.

•!• All proposed utilities that will run parallel to the MTWCD Right of Way, and are larger than 4" in diameter OR that will run more than 100 feet in length, must be presented to the Melbourne Tillman Water Control District Board of Directors for Board approval before a permit can be issued.

SUBAQUEAOUS UTILITY AND TRANSMISSION LINES

MTWCD Right of Way is intended for the exclusive use by the MTWCD to perform its water

management functions. Consequently, the placement of subaqueous utility and transmission

lines should not only be the option of last resort, but these subaqueous installations need to be

constructed in such a manner that their placement under the canals does not impede MTWCD's

ability to excavate or dredge the canal banks and/or bottoms. The clearances under the

Maintenance Road area will need to comply with the Federal, State, or Local Government

standards that apply to the utility being constructed, but in no case less than 3' below the surface.

The clearances in this policy will apply whether standard construction, jack & bore, or

directional bore methods are used. In the event there are existing features within a canal that

prevent strict adherence to the clearances specified, the District Manager has the authority to

modify the clearances, so long as a minimum clearance of three (3) feet is maintained between

the surface elevation and the top of the conduit. In all cases that involve the District Manager's

need to provide a ten (1 0 ') foot wide, six ( 6") inch thick concrete pad, centered over the conduit.

The following is a table of the required clearances for subaqueous utility and transmission lines:

Canal Number Clearance from Slope of Bank (min.) Clearance from bottom of canal (min.)

C-1 6ft. 14ft.

C-2R 6ft. 14ft.

C-9R 6ft. 14ft.

C-10 6ft. 14ft.

C-37 6ft. 14ft.

C-61 6ft. 14ft.

ALL OTHER 6ft. 6ft.

CANALS

22

PROCEDURES FOR PERMITTING CULVERTS- RESIDENTIAL

The intent of this policy is to assist the individual owner of a lot or single parcel of land, zoned for single family residential use, in processing MTWCD culvert permits for the property. This policy shall not apply to residential propetiy that is being platted or re-platted. In general, most homeowners are not familiar with processing permits. In an effmt to assist the public, the MTWCD District Engineer or designee can provide the basic required information, in a sketch format, necessary to construct a culveti in a lot or single parcel of land zoned for single family residential use. The District Engineer can provide assistance to the applicant in completing the application process.

The MTWCD District Engineer will not provide any sketches for any construction activity that is not related to the culve1t including gas or electric utilities, water service, sewer service, cable, etc. The homeowner will be responsible for all non-culveti related work, and must provide MTWCD with all suppmiing documentation related to the utility pmiion of the project for permitting.

EFFECTIVE DATE Adopted by the Melbourne-Tillman Water Control District Board of Directors at regular meeting of June

28, 2016. Amended December 6, 2016 regular meeting, Amended March 6, 2018, Amended June 26, 2018, Amended June 25 , 2019, Amended August 27,2019

23

Attachment 5

POLICY: P-314

DATE: August 27, 2019

MELBOURNE-TILLMAN WATER CONTROL DISTRICT 5990 Minton Road

Palm Bay, Florida 32907

Operations Policies: District Rights-of-Way

RIGHT-OF-WAY MEMORIALS

I. PURPOSE:

To establish a policy and procedure for a safe and consistent placement of a temporary or permanent memorial near the scene where an individual lost their life.

II. DEFINITIONS:

DISTRICT- The Melbourne-Tillman Water Control District

IMMEDIATE FAMILY - Parents, children, spouse, siblings, grandparents or grandchildren of the deceased person.

AUTHORIZED REPRESENTATIVE- A person designated in writing to act on behalf ofthe immediate family.

PERSONAL MEMORIAL - A memorial placed in the District right-of-way consisting of personal items. A Personal Memorial shall not have a footprint larger than three feet by three feet (3' x 3').

DISTRICT PERMITTED MEMORIAL - One of two Board approved memorial options, selected by immediate family, to be placed in District right-of-way indefinitely.

RIGHT-OF-WAY- Land owned by the District_for use in maintaining and preserving the drainage works within the District (Chapters 2001-336, Chapter 2003-334, Laws of Florida).

Ill. REGULATIONS:

Personal Memorials shall not cause unsafe conditions. The District reserves the right to remove a Personal Memorial if deemed to be unsafe, or it creates a public hazard, or interferes with District operations.

POLICY: P-314

DATE:August27,2019

Any District Permitted Memorial will be located as close as possible to the site of the death, but location of the memorial may vary depending on the site and safety conditions.

The District may deny a pmmit application for a District Permitted Memorial based upon the applicant providing false or misleading information.

In the event a District Permitted Memorial is required to be removed and cannot be relocated in the immediate area, the permittee will be notified. The District will retain the District Pe1mitted Memorial for a period of 6 months.

The responsibility for any maintenance of a District Pe1mitted Memorial is that of the permittee.

Once a District Pe1mitted Memorial is installed, no other decorations or ornamentation at the site will be allowed. All added ornamentation shall be removed by the pe1mitee within such time as provided in any notice by the District, failing to do so shall cause the District to remove such items and dispose of them.

In the event a District Pe1mitted Memorial is damaged, the District will replace the marker if the damage occurs within the first year from the date it was placed. If the District Pe1mitted Memorial is damaged after the first year the permittee shall be responsible to obtain and pay for a replacement District Permitted Memorial through the District.

In the event of conflicting wishes among immediate family members, or immediate family members involving a multiple fatality, a District Pe1mitted_Memorial will not be permitted and any Memorial will be removed by the District if already in place.

No Personal Memorial shall contain lights, lit candles, or other luminescent devices; glass other sharp objects; or any other feature dete1mined to compromise public safety. No Personal Memorial shall contain any lewd or inappropriate language, or paraphernalia; any such items will be immediately removed by the District.

IV. POLICY

A. Personal Memorials:

A permit for any use of District right-of-way is required. The permit process for District Permitted Memorials is as follows:

POLICY: P-314

DATE:August27,2019

1. The District will place a notice at a Personal Memorial site requiring a member of the immediate family, or authorized representative, to contact the District within 60 days of the date of the notice.

11. A petmit application must be submitted by the authorized representative. This permit application process allows the Personal Memorial to remain for a period of up to 6 months, from the date of the notice, while applying for a District Permitted Memorial.

111. If the District does not receive contact within the 60 day _time frame provided in the notice, or once contacted, a petmit application is not made and/or is not diligently pursued after filing, the Personal Memorial will be removed by the District and held for a period 90 days after which time the item(s) will be discarded by the District.

B. District Permitted Memorial:

The immediate family, or authorized representative, will have the option of either a permanent Post Mounted Sign or a Granite Ground Level Sign. The memorial will be supplied by the District.

1. Post Mounted Sign

A 15-inch diameter aluminum white sign with black lettering inscribed

"Drive Safely In Memory of (name o(the deceased)"

11. Granite Ground Level Sign

A 1 ft. x 2 ft. gray granite marker engraved "Drive Safely In Memory of (name o(the deceased)"

V. EFFECTIVE DATE:

Adopted by the Melbourne-Tillman Water Control District Board of Directors at the regular meeting of June 25,2019.

Attachment 6

\ \U\1\\ l\1 \UI I

MS-1 MAINTENANCE AND REPAIR COST-SHARE AGREEMENT

This Maintenance and Repair Cost-Share Agreement for the MS-1

("Agreement"), is effective as ofthe .,<'f"" day of Oe...fvber , 2015, between the

Melbourne-Tillman Water Control District ("Melbourne-Tillman"), a Florida special act dependent special district, whose address is 5990 Minton Road, Palm Bay, Florida 32907 and the St. Johns River Water Management District ("St. Johns"), a public body existing under Chapter 373 of the Florida Statues, whose mailing address is Post Office Box 1429, Palatka, Florida 32178-1429 (collectively, the "Parties").

Melbourne-Tillman is the responsible entity for the operation, management and maintenance of a water management system consisting of a network of canals, culverts, drainage structures, and associated infrastructure (the "System") in accordance with St. Johns Environmental Resource Permit number IS 10 q- 'f as modified by

Melbourne-Tillman is charged by the Florida Legislature with preventing propetty damage from floods, soil erosion and excessive drainage; preserving natural

resources, fish and wildlife; maintaining water quality in the drained area and the receiving waters; and preserving and protecting the na~ural systems in the drained area, Turkey Creek, the Indian River Lagoon (IRL), and the St. Johns River.

The C-1 Rediversion Project (the "Project") was developed to redirect water in the C-1 Canal from the Indian River Lagoon to the St. Johns River thereby reducing the amount of nutrients and fresh water that flows from the System to the Indian River Lagoon and restoring flow to the St. Johns River. Anticipated implementation of the

Project, in accordance with a revised regulation schedule, has provided the basis for

authorizing development within the boundaries of Melbourne-Tillman's jurisdiction,

thereby increasing its tax base.

Completed Project components include: operational and structural modifications to the MS-1 control structure including, the replacement of the existing gates and the

installation of two additional gates. St. Johns has also upgraded and installed new pumps

that draw from the System and is in the process of constructing the C-1 0 Reservoir, all of which will assist the System with flood and water quality control.

Melbourne-Tillman has identified unforeseen impacts since the completion ofthe improvements to the MS-1 structure and the partial implementation of a revised regulation schedule that the improvements allowed including: a) tree mortality along

canal banks; b) increased C-1 bank instability; c) increased sediment captured upstream

of MS-1; and d) increased aquatic vegetation.

The purpose of this Agreement is to describe the manner by which the Parties can

share the cost of fully remedying the identified impacts as well as setting forth future maintenance and repail' resp?nsibilities.

Accordingly, based on the recitals above and the mutual promises below, the

Parties agree as follows:

I. Term. This Agreement is effective upon execution by both Pa11ies. The initial term of the Agreement is one year, after which it shall renew automatically for additional one-year terms.

2. Remedial Improvements. The following remedial improvements fully remedy the impacts recited above:

(a) Tree mOitality .. a.long .C~'1al banks- St. Johns and Melbourne-Tillman have

completed the removal- of trees 'along the south side of the C-1 Canal east of

interstate 95 and west of Babcock Street. No additional remedial improvements

are necessaty.

(b) Increased C-1 bank instability - St. Johns is responsible for removing any ·additional Jive trees as necessary to construct improvements to the north and south

banks ofthe C-1 Canal between MS-1 and Interstate 95, to provide a stable and maintainable grassed canal bank, including a 13-foot wide bench at approximately

elevation 13.0 NVGD. The estimated cost for these improvements is $1,380,000. Melbourne-Tillman shall be responsible for maintenance of the canal profile and

bank after construction.

(c) Increased floating vegetation removal- St. Johns is responsible for procuring

and delivering a tuff boom to Melbourne-Tillman for installation approximately

2.5 miles upstream of MS-1, to capture floating debris and vegetation before the

vegetation reaches MS-1. The estimated cost for the tuff boom is $20,000.

Melbourne-Tillman is responsible for installing and maintaining the boom.

(d) Increased sediment capture upstream ofMS-1- Unless Melbourne-Tillman

chooses a substitute alternative described in the following paragraph to remedy

the sediment capture, St. Johns will construct a sediment trap in an agreed upon

location at the intersection of the C-1 Canal and a tributa1y canal. The trap will be designed to allow captu.re of sediments prior to their discharge into the C-1 Canal, and will allow facilitated removal by on-bank excavation equipment. The

estimated cost for these improvements is $500,000. Melbourne-Tillman shall be

responsible for maintenance of the sediment trap after construction.

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Costs identified in (b), (c), and (d) above are approximate and may vary, however, in no

case shall the total cost of (b), (c), and (d) exceed $2,500,000. If the costs exceed $2,500,000, then Melbourne-Tillman shall be responsible for the excess costs. If the costs

are lower, the parties may agree to apply the balance to a St. Johns share of the cost for additional sediment traps, a St. Johns share of the purchase of a barge-based aquatic

vegetation harvester, or a St. Johns share of the purchase of a hydraulic dredge, or any combination thereof. Melbourne-Tillman may alternatively decide to purchase a barge­based aquatic vegetation harvester or hydraulic dredge as a substitute for St. Johns constructing any sediment traps. When permits are necessary for the remedial

improvements, Melbourne-Tillman, as owner, shall be the applicant.

3. Waiver· of Claims. In exchange for St. Johns contribution of $2,500,000, Melbourne-Tillman waives all claims it has or may have against St. Johns based djrectly

or indirectly on regulation schedules or System operation, mai11tenance, improvements, repairs, or other System related matters that have occurred up to the effective date of this Agreement.

4. System Maintenance.

(a) Structure. Melbourne-Tillman shall be responsible for the routine and periodic maintenance of the canals, culverts, and the MS-1 structure as detailed in the MS-1 Operation and Maintenance Manual dated lo /7/15 , as it may be

• amended (the "0 & M Manual").

(b) Automated Operations System. If Melbourne-Tillman elects to use the 12-volt DC automatic gate control system as detailed in the 0 & M Manual, St. Johns

shall be responsible for maintenance and replacement of all its associated

components

5. MS- l Component Repair aud Replacemeut. Scheduled replacement of gates

and gate-lifting components, as detailed in the 0 & M Manual, as well as unscheduled replacement or repair of any gate-lifting component due to damage or failure, will be, except for minor repair or replacement, cost-shared. Minor repairs or replacements are

those that individually cost less than $2,500 which shall be paid for by Melbourne­Tillman. St. Johns shall either approve or be responsible for procurements regarding the

replacement or repair of cost-shared components and shall reimburse Melbourne­

Tillman for 50 percent of portion of the cost of repairs or replacements above the $2,500

threshold.

6. Funding Contingency. This Agreement is contingent upon funding availability, which may include a single source or multiple sources, including, but not limited to: (1)

ad valorem tax revenues appropriated by the St. Johns' Governing Board; (2) annual appropriations by the Florida Legislature, or (3) appropriations from other agencies or

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funding sources. Agreements that extend for a period of more than one fiscal year period (beginning October 1 and ending September 30) are subject to annual appropriation of funds in the sole discretion and judgment of the St. Johns Governing Board for each succeeding fiscal year. If St. Johns' share is not funded, in whole or in part, in the current fiscal year or succeeding fiscal years, St. Johns shall so notify Melbourne­Tillman and this Agreement shall be deemed terminated for convenience five days after receipt of such notice, or within such additional time as agreed upon by both patties not to exceed the end of the then current St. Johns fiscal year.

7. Liability and Insurance. Each party is responsible for all personal injury and pi'Operty damage attributable to the negligent acts or omissions of that patty, its officers, employees and agents. Nothing contained herein shall be construed or interpreted as denying to any patty any remedy or defense available under the laws of the State of Florida, nor as a waiver of sovereign immunity of the State of Florida beyond the waiver provided for in section 768.28, Fla. Stat., as amended. Each patty shall acquire and maintain throughout the term of this Agreement such liability, workers' compensation, and automobile insurance as required by its current rules and regulations.

8. Breach of Agreement. If either party materially fails to fulfill its obligations under this Agreement, the other patty shall provide the non-perfonning patty wl'itte!l notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of the breach and'affording the noh-p~rfotming patty a reasonable opportunity to cure the breach, which shall not be less than thitty (30) days. If the non-petfOtming party fails to cure the breach within the notice period, the other party may terminate the Agreement or bring an.action for declarat01y and injunctive relief in a cotut of competent jurisdiction to remedy the breach or both.

9. Notices. All notices from one Patty to the other under this Agreement shall be in writing and sent via cettified mail to the other Patty at the address specified below. All notices shall be considered delivered upon receipt.

St. Johns: St. Johns River Water Management District 525 Community College Parkway, S.E. Palm Bay, FL 32909 Attention: John Juilianna, Service Center Director

Melbourne Tillman: Melbourne-Tillman Water Control District 5990 Minton Road Palm Bay, Florida 32907 Attention: Daniel R. Anderson, District Manager

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I 0. Independent Entities. The patties, their employees and agents, are independent

entities and not employees, agents, or independent contractors of each other. Nothing in

this Agreement shall be interpreted to establish any relationship other than that of

independent entities during and after the term of this Agreement.

11. Governing Law, Venue, Attorney's Fees, Waiver of Right to Jury Trial. This Agreement shall be construed according to the laws of Florida and shall not be construed more strictly against one party than against the other because it may have been

drafted by one of the parties. As used herein, "shall" is always mandatory. In the event

of any legal proceedings arising from or related to this Agreement: (1) venue for any

state or federal legal proceedings shall be in Brevard County, Florida; (2) each party shall bear its own attorney's fees, including appeals; (3) for civil proceedings, the pmties

hereby consent to trial by the comt and waive the right to jury trial.

12. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the

benefit of the parties and no right or cause of action shall accrue to or for the benefit of any third pruty not a formal party hereto . Nothing in this Agreement, expressed or

implied, is intended or shall be construed to confer upon or give any person or

corporation other than the parties, any right, remedy, or claim under or by reason of this

Agreement or any prov.isions or conditions hereof; and all of the provisions, representation, covenants and conditions herein contained shall inure to the sole benefit

of and shall be binding upon the parties.

13. Amendment. This Agreement may only be changed by written amendment referencing this Agreement and signed by both Parties.

Each patty is signing this Agreement on the date below their signature. The date of the last signature shall be the effective date of this Agreement and shall be inserted in the introductory paragraph.

Ann B. Shortelle, Ph.D. Executive Director

Date: /ojagfls

· ~~~ Typed Name and Title W7y,ll-'

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Memorandum of Agreement

This Memorandum of Agreement ("MOA") is entered into between the St. Johns River Water Management District, a public body existing under Chapter 373, Florida Statutes, whose mailing address is P.O. Box 1429, Palatka, Florida 32178-1429 ("St. Johns") and Melbourne-Tillman Water Control District, a Florida special act dependent special district, whose mailing address is 5990 Minton Road, Palm Bay, Florida 32907 ("Melbourne-Tillman") (collectively, "the Districts").

The Districts entered into the MS-1 Maintenance and Repair Cost-Share Agreement on October 28, 2015 ("Agreement").

The purpose of this MOA is to affirm the completion of cettain requirements set fotth in the Agreement.

Accordingly, the Districts agree as follows:

1. St. Johns has fulfilled its obligations under Paragraph 2, Remedial Improvements, and has expended its maximum not to exceed financial contribution of $2,500,000.

2. In exchange, and as stated in Agreement paragraph 3. Waiver of Claims, Melbourne-Tillman waives all claims it has or may have against St. Johns based directly or indirectly on regulation schedules or System operation, maintenance, improvements, repairs, or other System related matters that have occurred up the effective date of the Agreement.

3. Agreement paragraph 4. System Maintenance and Agreement paragraph 5. MS-1 Component Repair and Replacement continue as described in the Agreement.

Each patty is signing this MOA on the date below that patty's signature.

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

By: ___ -----:-:--,-------Ann B. Shottelle, Ph.D. Executive Director

Date: -------

MELBOURNE-TILLMAN WATER CONTROL DISTRICT

By: ____________ _ Signature

Name President, Melbourne-Tillman Water Control District Board

Date: --------------------