2223-002 River Access Improvement Projects FINAL.pdf

SUWANNEE RIVER WATER MANAGEMENT DISTRICT

REQUEST FOR PROPOSAL

NO. 22/23-002

RIVER ACCESS IMPROVEMENT PROJECTS

Table of Contents

Section Title Page 1 Introduction 2 2 Proposed Schedule 2 3 Instructions to Proposers 2 4 Key Points 3 5 Scope of Work 6 6 Response Form 12

Attachment A 13

Suwannee River Water Management District

9225 CR 49

Live Oak, FL 32060 386.362.1001

386.362.1056 (Fax)

800.226.1066 (Florida only) www.MySuwanneeRiver.com

SECTION 1 – INTRODUCTION

The Suwannee River Water Management District (District) is requesting proposals for River Access Improvement Projects. There are two project areas included in this proposal. Each project area has a separate scope of work specific to its location and terrain. In conjunction with the scopes of work, each project area has been permitted separately through The Florida Department of Environmental Protection (DEP) and The United States Army Corps of Engineers (USACE). Each projects scopes of work must be completed within the requirements of the issued permits. The contractor will be responsible for providing all materials associated with construction including erosion control and water quality measures such as silt fence, turbidity curtain, rip-rap rock, and native plantings. Both project locations are in remote areas. It will be the contractor’s responsibility to plan accordantly. All permits, maps, and associated materials can be found as attachments to this RFP.

SECTION 2 - PROPOSED SCHEDULE

December 13, 2022 Release of Request for Proposal.

January 04, 2023 Mandatory Pre-Proposal meeting at 10:00 AM at Rocky’s

Convenience Store and Campground – SEE SECTION 4 KEY

POINTS

January 11, 2023 Written questions due by 4:00 p.m.

January 18, 2023 Answers posted on the District Website by 5:00 p.m.

January 26, 2023* Proposals due by 3:00 p.m. & opened February 2, 2023* Selection Committee meeting 10:00 a.m.

* Denotes a public meeting at District Headquarters. All times denote Eastern Standard Time

(EST).

Delivery of Proposal:

1. Proposals shall be submitted electronically through DemandStar.

https://www.demandstar.com/app/agencies/florida/suwannee-river-water-management-district/procurement

***For articles and videos to assist you through the DemandStar registry and uploading of documents visit the DemandStar business support page at -https://network.demandstar.com/business-support/

Proposal packages are to be uploaded to the platform no later than 3:00 p.m. January 26, 2023. Proposals received after this time, for any reason, will be rejected.

SECTION 3 - INSTRUCTIONS TO PROPOSERS

Questions: To provide equal opportunity and ensure the same information is provided to all proposers, any questions should be submitted by email to Sharon.Hingson@SRWMD.org before 4 p.m. on January 11, 2023. The questions with answers will be posted on the District website www.mysuwanneeriver.com, on January 18, 2023 on or before 5:00 PM. Questions cannot be answered via telephone or other verbal communication.

https://www.demandstar.com/app/agencies/florida/suwannee-river-water-management-district/procurement https://www.demandstar.com/app/agencies/florida/suwannee-river-water-management-district/procurement https://network.demandstar.com/business-support/ mailto:Sharon.Hingson@SRWMD.org http://www.mysuwanneeriver.com/

Delivery of Proposal:

The proposal package must be submitted electronically through Demand Star.

https://www.demandstar.com/app/agencies/florida/suwannee-river-water-management-district/procurement

It is the obligation of the proposer to ensure that it has reviewed all amendments, addenda, and all questions and answers to this RFP as posted on the District website to ensure that the proposal responds to the most current information available for the RFP.

SECTION 4 – KEY POINTS

Mandatory Pre-Proposal Meeting: A mandatory pre-proposal meeting will be held on January 04, 2023, at 10:00 am. Individuals, firms or representatives are invited to meeting District staff at Rocky’s Convenience Store and Campground (5175 US-98, Perry, FL 32347) for introductions and information. Firms and District staff will meet in the parking lot of the Convenience Store. From there District staff will lead potential bidders to each river access location so that they may review each site. The meeting is expected to last for approximately 4 hours. IN ORDER TO CONFIRM ATTENDANCE PLEASE BE SURE AND SIGN IN WITH

DISTRICT STAFF.

Evaluation of Proposals:

Firms will be reviewed based on their proposals. Firms’ knowledge, experience with similar projects, and proposed price will be considered. One firm will be chosen by a District selection committee.

Responses shall include information or documentation regarding, and will be evaluated using, the following evaluation criteria:

Criteria Weight Score Total

1. Firms understanding and description of similar projects (up to the past 10 years). Photographs are recommended with the description. Past projects should be comparable to the projects in the Scope of Work. Project Team’s Qualifications.

(Score 1-10).

60%

2. Project cost effectiveness - The responsive and responsible Respondent whose proposed total estimated project cost is the lowest will be scored highest and next lowest sequentially thereafter. (Score 1-10)

40%

TOTAL 100%

The following scale will be used to evaluate each proposal, with an Evaluation Rating Scale of 1-10: more than adequate: 8-10; adequate: 5-7; less than adequate: 1-4; not covered in proposal: 0.

At the Selection Committee Meeting, which is a public meeting, each member will score all the firms. The individual rankings of each of the Selection Committee members will be added up to produce a corporate score. The firm with the highest corporate score will be recommended as the firm for the projects.

Challenge of Solicitation Process: If a potential respondent protests any provisions of this RFP, a notice of intent to protest shall be filed with the District in writing within 72 hours after the https://www.demandstar.com/app/agencies/florida/suwannee-river-water-management-district/procurement https://www.demandstar.com/app/agencies/florida/suwannee-river-water-management-district/procurement posting of the request for proposal on the District’s website. “Failure to file a protest within the time prescribed in Section 120.57(3) Florida Statutes shall constitute a waiver of proceedings under Chapter 120 of Florida Statutes.”

Challenge of District’s Intent to Award Contract: If a respondent intends to protest District’s intent to award contract, the notice of intent to protest must be filed in writing within 72 hours after posting of a notice of intent to award contract and the respondent shall file a formal written protest within ten (10) days after filing of notice of intent to protest. Any respondent who files a formal written protest pursuant to Chapter 28-110, Florida Administrative Code, and Section 120.57(3), Florida Statutes shall post with the District at the time of filing the formal written protest, a bond pursuant to Section 287.042(2)(c), Florida Statutes (2020) Failure to file a notice of intent to protest or failure to file a formal written protest within the time prescribed in Chapter 28-110, Florida Administrative Code and Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. More specifically, “Failure to file a protest within the time prescribed in Section 120.57(3) Florida Statutes shall constitute a waiver of proceedings under Chapter 120 of Florida Statutes.”

Americans With Disabilities Act: The District does not discriminate upon the basis of any individual’s disability status. This nondiscrimination policy involves every aspect of the District’s functions including one’s access to, participation, employment, or treatment in its programs or activities. Anyone requiring reasonable accommodation as provided for in the Americans with Disabilities Act should contact Sharon Hingson, Records, Contracts and Procurement Manager at 386.362.1001 or 800.226.1066 (Florida only). The District’s fax number is 386.362.1056.

Minority Business Enterprises: The District recognizes fair and open competition as a basic tenet of public procurement. Respondents doing business with the District are prohibited from discriminating on the basis of race, color, creed, national origin, handicap, age, or sex. The District encourages participation by minority business enterprises. Whenever two or more service providers are ranked equally, a minority business enterprise shall be given preference in the award process.

Veteran’s Preference: In the absence of minority business enterprise, whenever two or more service providers are ranked equally by the Selection Committee, a veteran-owned business enterprise shall be given preference in the award process.

ADA Compliance: For all electronic deliverables due under the contract resulting from this Contract, Vendor must ensure that those deliverables and all supporting documents are accessible according to 282.603 Florida Statutes and Section 508 of the Rehabilitation Act of 1973 relating to the creation and use of electronic documents. This requirement applies to editable formats, such as Microsoft Word, as well as portable document formats (PDF).

Drug Free Workplace Act: The selected PROPOSER shall certify that it has established a drug free workplace.

Public Entity Crime: Section 287.133(2)(a), Florida Statutes, states “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.”

Scrutinized Company: Section 287.135, Florida Statutes, states “A company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services of:

(a) Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725, or is engaged in a boycott of Israel; or

(b) One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company:

1. Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to

s. 215.473; or

2. Is engaged in business operations in Cuba or Syria.”

Insurance Requirements: If awarded, PROPOSER shall represent and guarantee that all employees, agents, servants or representatives of the respondent, and all employees, agents, servants, or representatives of subcontractors are covered by workers' compensation insurance.

Prior to entering into contract with the District, respondent agrees to furnish the District certificates of insurance on all insurance, naming District as additional insured for items 2 and 3 below, providing evidence that respondent has in full force and effect the following minimum insurance with insurers authorized to do business in the State of Florida:

1) Workers' compensation insurance as required above;

2) Motor vehicular liability insurance with limits of not less than $1,000,000 combined single limit which insurance shall be applicable to any and all vehicles utilized by respondent to provide the services requested by District;

3) General liability insurance for all services rendered by respondent for the requested services with a minimum of $1,000,000 personal and advertising injury and $1,000,000 general aggregate.

The certificate of insurance shall also provide that District shall be notified in writing by the carrier at least 30 days prior to any cancellation of said insurance.

Rejection of Responses: The District reserves the right to reject any and all bids or other proposals submitted in response to District invitation. District also reserves the right to waive any minor deviations in an otherwise valid proposal.

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-business hour period following the agency posting the notice of intended award, any employee or officer of the District concerning any aspect of this solicitation, except in writing as indicated above.

Violation of this provision may be grounds for rejecting a response.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0215/Sections/0215.4725.html http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0215/Sections/0215.473.html

SECTION 5 - SCOPE OF WORK

Introduction: This scope of work provides details about two planned river access improvement projects along the Aucilla River in northwest Taylor County, Florida. The first project is on the District-owned Cabbage Grove Tract at River Access 15.8. The second project is on the District-owned Mount Gilead Tract at River Access 25.3. The River Access sites can also be found on the District’s recreation website (https://map.mysuwanneeriver.com/).

The projects are similar in nature but with differing requirements due to their locations and terrain. Additionally, each project area has been permitted separately through The Florida Department of Environmental Protection (DEP) and The United States Army Corps of Engineers (USACE). Each project must be completed within the requirements of the issued permits. The contractor will be responsible for providing all materials associated with construction including erosion control and water quality measures such as silt fence, turbidity curtain, rip-rap rock, and native plantings. Both project locations are in remote areas. It will be the contractor’s responsibility to plan accordantly.

The contract will be issued for a period of six months. The start date of the contract will begin at the time of the contracts signing by District. All work is expected to be completed within the six-month timeframe. There may be a possibility of an extension due to weather but that will be at the discretion of the District.

Following construction, all disturbed areas in and around the construction site must be rehabilitated to pre-construction conditions. Any damage caused by equipment or trucks must be restored to pre-construction condition. The construction site must be stabilized to prevent unnecessary erosion into the river and in order prevent destabilization of the newly constructed steps. Bank stabilization could include, but is not limited to, native vegetation plantings or seedings.

The project will not be deemed successful until post construction monitoring is complete. The constructor must monitor the site once a week for 4 weeks. Weekly emails to the District Project Manager must confirm these monitoring sessions. Monitoring information may include language of current site conditions and pictures. If issues or suspected issues are noted by the construction firm or by the District Project Manager during the monitoring, the contractor must provide a rehabilitation recommendation within 24 hours of documentation. District Project Manager must approve the recommendation before any further actions are taken by the contractor. All costs associated with post construction rehabilitation will be at the expense of the contractor.

https://map.mysuwanneeriver.com/

PROJECT 1

Cabbage Grove Tract River Access 15.8 Improvement Project: The project area is locally called Lost Dog or Aucilla River Rapids and referenced by the District as River Access

15.8. The rapids are a popular river access point. Over the years a significant erosion scar has developed at this river access point. This project is two-fold in purpose. First, eliminate bank erosion caused by pedestrian foot traffic and water runoff. Second, improve the access for the purposes of safety and ease of use. To eliminate bank erosion, soil cement walkways will be constructed with built in water bars. The water bars will be designed in such a way that they channel runoff into a low-lying area rather than allowing it to free flow into the river. Public access will be improved by constructing two sets of concrete steps. The steep will be constructed in the steepest and most eroded areas of the access. The below Site Diagram provides a general layout of the project area.

Site Diagram

Task 1: Soil Cement Walkway Construction

Soil cement is a mixture of pulverized natural soil with small amount of Portland cement and water, usually processed in a tumbler and compacted to high density. Mixtures differs from Portland cement concrete in the amount of paste (cement-water mixture). In Portland cement concretes the paste coats all aggregate particles and binds them together, while in soil cements the amount of cement is lower and therefore there are voids left, and the result is a cement matrix with nodules of uncemented material. The District recommends after tilling the site, spread the required amount of dry Portland cement powder over the surface of the paving site however a tumbler can be used. Generally, a layer approximately 1/2-inch-thick will suffice in the sandy soils that dominate the sites.

A. Construct a six-foot (6) wide by seventeen-feet (17’) walkway by tilling the top six-inches (6”) of topsoil, incorporate a mixture of cement, gravel and/or road base. The mixture will be compacted and graded/shaped with a slight slope to encourage runoff into the adjacent low-lying area (Picture 1). The mixture will set-up to create a hardened footpath. Typically, it will be six inches (6”) thick. The footpath will have a minimum of two water bars to divert the flow from the existing native soil footpath to alleviate erosion issues (Picture 2).

B. Construct a 6’ x 6’ soil cement walkway below the base of second set of steps (not to exceed

40 SF).

Picture 1

Picture 2

Task 2: Step Construction

A. Construct concrete steps (Pictures 3 and 4). Steps should be approximately six-foot (6’) wide by twenty-feet (20’) long. Sides of steps are to be filled in with clean limestone riprap material. Concrete steps should be built according to the drawing and specifications in Figure 1.0 and match the site grade and length.

B. Construct second set of steps. Steps should be approximately six-foot (6’) wide by 10-feet

(10’) long. On the sides of the steps there will be an additional four-foot (4’) wide by ten-foot (10’) long erosion scar that must be filled with clean limestone riprap material. Concrete steps should be built according to the drawing and specifications in Figure 1.0 and match the site grade and length.

Picture 3

Picture 4

Figure 1.0: Plans and Construction Guide for Steps

Task #3 Bank Stabilization Once construction is complete, all disturbed areas in and around the construction site must be rehabilitated to pre-construction conditions. Any damage caused using equipment or trucks must be restored to preconstruction condition. The construction site must be stabilized to prevent unnecessary erosion into the river and in order prevent destabilization of the newly constructed steps. Bank stabilization could include but are not limited to, native vegetation plantings.

PROJECT 2

Mount Gilead Tract River Access 25.3 Improvement Project: The project area is at River Access

25.3. This recreation site is a popular river access point for fishing, swimming, and launching canoes. This project consists of replacing a set of wooden terraced steps with formed and poured concrete steps of similar size. The existing twenty-foot (20’) wooden steps (Picture 5) have reached the end of their service life and are in poor repair. The project is two-fold in purpose. First, reduce riverbank impacts from pedestrian traffic. Second, the planned concrete steps will create a safer, and longer lasting river access for the public.

Task #1 Demolition Demolish remove and properly dispose of the existing steps structure. Careful attention must be taken during the demolition process; do not destabilize the riverbank or to cast turbidity into the river

Picture 5

Task #2 Construction Construct a new set of steps using the “formed and poured” method. The steps should be based on the length of the existing wooden steps on site. The width of the steps should be 5’ wide, 20’ long and generally follow the natural contour of the riverbank. Concrete steps should be built according to the drawing and specifications in Figure 1.0 and match the site grade and length.

Figure 1.0: Plans and Construction Guide for Steps

Task #3 Bank Stabilization Once construction is complete, all disturbed areas in and around the construction site must be rehabilitated to pre-construction conditions. Any damage caused using equipment or trucks must be restored to preconstruction condition. The construction site must be stabilized to prevent unnecessary erosion into the river and in order prevent destabilization of the newly constructed steps. Bank stabilization could include but are not limited to, native vegetation plantings.

SECTION 6 - RESPONSE FORM

Proposers are required to complete and submit this form. Submit as directed in Section 2 and 3.

Proposal shall include a written evaluation detailing the proposer’s ability to perform the scope of work as shown in Section 5 and shall include a list of no less than three references from existing clients.

Total proposal $__________

Company Name: ___________________________

Address: ___________________________

City: ___________________________

State: __________ Zip: _______________

Phone Number: ___________________________

Email Address: ___________________________

Project Manager: ___________________________

Printed Name of Company Representative attending the Mandatory Pre-Proposal Meeting:

Any material submitted in response to this RFP (except trade secrets as defined in s. 812.081, FS) will become a public document pursuant to Section 119.07, F.S. This includes material which the responding proposer might consider to be confidential. Any claim of confidentiality is waived upon submission, effective after opening pursuant to Section 119.07. It is the responsibility of the proposer to specifically identify any trade secret information contained in the proposal by clearly marking each page and section which contains trade secrets as defined by Florida Statute 812.081. Contractor’s refusal to comply with this provision shall constitute sufficient cause for termination of the contract resulting from this RFP.

This procurement is conducted under the rules, policies, and procedures of the Suwannee River Water Management District and the District’s Governing Board. This procurement is not conducted pursuant to Ch. 287, Florida Statutes, except where explicitly provided by law. The District’s rules, policies, and procedures are available by contacting the procurement officer.

PROJECT EXPERIENCE

AND REFERENCES

Firm: _

Name of Project: _

Agency/Company: _

Contact: _

Telephone: Email: _

Project Description: _

Name of Project: _

Agency/Company: _

Contact: _

Telephone: Email: _

Project Description: _

Name of Project: _

Agency/Company: _

Contact: _

Telephone: Email: _

Project Description: _ www.dep.state.fl.us

FLORIDA DEPARTMENT OF

Environmental Protection

Northeast District

8800 Baymeadows Way West, Suite 100 Jacksonville, Florida 32256

Ron DeSantis Governor

Jeanette Nuñez

Lt. Governor

Shawn Hamilton Secretary

May 23, 2022

Suwannee River Water Management District C/O William Irby 9225 County Road 49 Live Oak, Florida 32060 wwi@srwmd.org

File No. 62-0419480-001-EG, Taylor County

Dear Mr. Irby:

On April 12, 2022, we received your notice of intent to use a General Permit (GP), pursuant to Rule 62-330.474, Florida Administrative Code (F.A.C.) to construct two sets of concrete steps and two eco-pathways in order to provide public access through the parcel to the bank of the Aucilla River. This General Permit authorizations a 6 ft by 6 ft eco-path with 36 sq ft of wetland fill impacts that is located along the edge of the water. The remaining portions of the project are located within uplands and meet the exemption provided for by 62-330.051(10)(a) F.A.C., needing no additional authorizations. The exempted portion of the project includes the 6 ft wide by 10 ft long concrete steps with a 2 ft by 10 ft area of rip rap armoring placed alongside the upland stairs to prevent erosion. These steps extend to a 6 ft by 17 ft upland eco-path that is constructed with a mixture of cement, gravel and/or road base, and an additional set of upland steps that are 6 ft wide by 20 ft long. These upland eco-paths will be compacted, graded, and shaped with a slight slope to encourage runoff into the adjacent low-lying area. The intent of the project is to reduce riverbank impacts from pedestrian traffic and to provide a safer river access for the general public. Located within the Aucilla River and the Big Bend Seagrasses Aquatic Preserve, a Class II, Outstanding Florida Waterbody. The project is located at walker Bridge Road, parcel number 01011-000, Perry Florida 32336, Section 10, Township 3 South, Range 4 East, at latitude 30°14'10" / longitude -83°54'50" in Taylor County.

Your intent to use a general permit has been reviewed by Department staff for three types of authorizations: (1) regulatory authorization, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal authorization. The authority for review and the outcomes of the reviews are listed below. Please read each section carefully.

Your project did not qualify for the federal authorization, therefore, additional authorization must be obtained prior to commencement of the proposed activity. This letter does not relieve you from the responsibility of obtaining other federal, state, or local mailto:wwi@srwmd.org

File Name: SRWMD Cabbage Grove Tract Stairs and Eco-Steps File No: 62-0419480-001-EG authorizations that may be required for the activity. Please refer to the specific section(s) dealing with that portion of the review below for advice on how to proceed.

If you change the project from what you submitted, the authorization(s) granted may no longer be valid at the time of commencement of the project. Please contact us prior to beginning your project if you wish to make any changes.

1. Regulatory Review – Approved

Based on the forms, drawings, and documents submitted with your notice, it appears that the project meets the requirements for the General Permit under Rule 62-330.474, F.A.C. Any activities performed under a general permit are subject to general conditions required in Rule 62-330.405, F.A.C. (attached), and the specific conditions of Rule 62-330.474, F.A.C. (attached).

Any deviations from these conditions may subject the permittee to enforcement action and possible penalties.

Please be advised that the construction phase of the GP must be completed within five years from the date the notice to use the GP was received by the Department. If you wish to continue this GP beyond the expiration date, you must notify the Department at least 30 days before its expiration.

Authority for review- Part IV of Chapter 373, F.S., Title 62, F.A.C. and in accordance with the operating agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C.

2. Proprietary Review – Granted

The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) and issues certain authorizations for the use of sovereign submerged lands.

The Department has the authority to review activities on sovereign submerged lands under Chapter 253 of the Florida Statutes (F.S.) and 258, F.S. if located within an aquatic preserve, and Chapters 18-20 and 18-21 of the Florida Administrative Code.

The activity appears to be located on sovereign submerged lands owned by the Board of Trustees. The activity is not exempt from the need to obtain the applicable proprietary authorization. As staff to the Board of Trustees, the Department has reviewed the activity described above, and has determined that the activity qualifies for a letter of consent under Section 253.77, Florida Statutes, to construct and use the activity on the specified sovereign submerged lands, as long as the work performed is located within the boundaries as described herein and is consistent with the terms and conditions herein.

During the term of this Letter of Consent you shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code. If such interest is terminated or the Board of Trustees determines that such interest did not exist on the date of issuance of this Letter of Consent, this Letter of Consent may be terminated by the Board of Trustees at its sole option. If the Board of Trustees terminates this Letter of Consent, you agree not to assert a claim or defense against the Board of Trustees arising out of this Letter of Consent.

3. Federal Review- SPGP Not Approved

Your proposed activity as outlined in your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit VI-R1.

SEPARATE permit(s) or authorization will be required from the U.S. Army Corps of Engineers.

Authority for review - an agreement with the USACOE entitled “Coordination Agreement Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection (or Duly Authorized Designee), State Programmatic General Permit”, Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act.

Additional Information

Please retain this general permit. The activities may be inspected by authorized state personnel in the future to ensure compliance with appropriate statutes and administrative codes. If the activities are not in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18-14, F.A.C.

NOTICE OF RIGHTS

This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application.

Petition for Administrative Hearing A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following information:

(a) The name and address of each agency affected and each agency’s file or identification number, if known;

(b) The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests will be affected by the agency determination;

(c) A statement of when and how the petitioner received notice of the agency decision;

(d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate;

(e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action;

(f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and

(g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action.

The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.

Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. You cannot justifiably rely on the finality of this decision unless notice of this decision and the right of substantially affected persons to challenge this decision has been duly published or otherwise provided to all persons substantially affected by the decision. While you are not required to publish notice of this action, you may elect to do so pursuant Rule 62- 110.106(10)(a).

The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you do not publish notice of this action, this waiver will not apply to persons who have not received written notice of this action.

Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.

Mediation Mediation is not available in this proceeding.

FLAWAC Review The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department.

Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of the Department.

EXECUTION AND CLERKING

Brian Durden Environmental Manager

Enclosures:

62-330.474 F.A.C.

General Conditions for All General Permits, Ch. 62-330.405, F.A.C.

Special Consent Conditions General Conditions for Authorizations for Activities on State-Owned Submerged Lands Aerials and Project drawings, 7 Pages

CERTIFICATE OF SERVICE

The undersigned duly designated deputy clerk hereby certifies that this document and all attachments were sent on the filing date below to the following listed persons:

Thomas Kallemeyn, FDEP NED Katie Miller, FDEP NED Mark Marousky, FDEP NED Mary Diaz, SRWMD, Mary.Diaz@srwmd.org Sarah Corbett, SRWMD, Sarah.Corbett@srwmd.org

CERTIFICATE OF SERVICE

The undersigned duly designated deputy clerk hereby certifies that this document and all attachments were sent on the filing date below to the following listed persons:

FILING AND ACKNOWLEDGMENT

FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged.

_______________ _____May 23, 2022__ Clerk Date mailto:Mary.Diaz@srwmd.org mailto:Sarah.Corbett@srwmd.org

62-330.474 General Permit for Certain Minor Activities

(1) A general permit is granted to construct, alter, maintain, operate, abandon, and remove the following:

(a) Piling supported structures, other than docks and piers, without walls, screens, or doors, provided that the structure is not used for mooring, and the cumulative square footage of existing and proposed structures over wetlands or other surface waters does not exceed 500 square feet in Outstanding Florida Waters or 1,000 square feet outside of Outstanding Florida Waters;

(b) Up to 100 square feet of dredging or filling in wetlands or other surface waters; or

(c) Maintenance dredging of up to 50 cubic yards of material from wetlands or other surface waters, provided that the dredged material is placed in uplands.

(2) Persons proposing to use this general permit must provide, as part of the notice required in rule 62-330.402, F.A.C., reasonable assurance that the proposed activity:

(a) Does not cause a violation of state water quality standards;

(b) Does not impede the conveyance of a stream, river, or other watercourse in a manner that would increase off-site flooding;

(c) Does not adversely impact aquatic or wetland dependent listed species;

(d) Does not cause the drainage of wetlands; and

(e) Is not located in, on, or over a community of corals, seagrasses, or attached marine macroalgae.

(3) The Agency will provide written notification to the person proposing to use this general permit whether the proposed activity qualifies for this general permit within 30 days of submittal of the written notice. The proposed activity shall not be commenced until the Agency has provided written notice that the applicant qualifies for the general permit.

(4) A determination that an activity qualifies for a general permit for a minor activity applies only to the site specific activity, location, method of construction, or operation of the authorized project, and the other design and operation features of the authorized activity.

(5) This general permit shall not be applicable on any parcel of property which has been the subject of the successive filing of notices under a general permit within a three-year period where the combination of activities to be conducted exceed the thresholds in this rule.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426 FS. History–New 6-1-18.

62-330.405 General Conditions for All General Permits

The following general permit conditions are binding upon the permittee and are enforceable under chapter 373, F.S. These conditions do not apply to the general permit for stormwater management systems under section 403.814(12), F.S.

(1) The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit and may subject the permittee to enforcement action and revocation of the permit under chapter 373, F.S.

(2) The general permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any construction, alteration, operation, maintenance, removal or abandonment authorized by this permit; and it does not authorize any violation of any other applicable federal, state, local, or special district laws (including, but not limited to, those governing the “take” of listed species).

(3) The general permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the general permit.

(4) The general permit does not relieve the permittee from liability and penalties when the permitted activity causes harm or injury to: human health or welfare; animal, plant or aquatic life;

or property. It does not allow the permittee to cause pollution that violates state water quality standards.

(5) Section 253.77, F.S., provides that a person may not commence any excavation, construction, or other activity involving the use of state-owned or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required consent, lease, easement, or other form of authorization authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on state-owned lands.

(6) The authorization to conduct activities under a general permit may be modified, suspended or revoked in accordance with chapter 120, F.S., and section 373.429, F.S.

(7) The general permit is not transferable to a new third party. To be used by a different permittee, a new notice to use a general permit must be submitted in accordance with rule 62- 330.402, F.A.C. Activities constructed in accordance with the terms and conditions of a general permit are automatically authorized to be operated and maintained by the permittee and subsequent owners in accordance with subsection 62-330.340(1), F.A.C. Any person holding the general permit, persons working under the general permit, and owners of land while work is conducted under the general permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to sale, conveyance, or other transfer of ownership or control of the permitted project, activity, or the real property at which the permitted project or activity is located.

(8) Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the permitted system to ensure conformity with the plans and specifications approved by the general permit.

(9) The permittee shall maintain any permitted project or activity in accordance with the plans submitted to the Agency and authorized in the general permit.

(10) A permittee’s right to conduct a specific activity under the general permit is authorized for a duration of five years.

(11) 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 implemented and maintained immediately prior to, during, and after construction as needed to stabilize all disturbed areas, including other measures specified in the permit to prevent adverse impacts to the water resources and adjacent lands. Erosion and sediment control measures shall be installed and maintained 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), available at https://www.flrules.org/Gateway/reference.asp?No=Ref-04227, and the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), available at http://publicfiles.dep.state.fl.us/DEAR/Stormwater_Training_Docs/erosion-inspectors-manual.pdf.

(12) Unless otherwise specified in the general permit, temporary vehicular access within wetlands during construction shall be performed using vehicles generating minimum ground pressure to minimize rutting and other environmental impacts. Within forested wetlands, the permittee shall choose alignments that minimize the destruction of mature wetland trees to the greatest extent practicable. When needed to prevent rutting or soil compaction, access vehicles shall be operated on wooden, composite, metal, or other non-earthen construction mats. In all cases, access in wetlands shall comply with the following:

(a) Access within forested wetlands shall not include the cutting or clearing of any native wetland tree having a diameter four inches or greater at breast height;

(b) The maximum width of the construction access area shall be limited to 15 feet;

(c) All mats shall be removed as soon as practicable after equipment has completed passage through, or work has been completed, at any location along the alignment of the project, but in no case longer than seven days after equipment has completed work or passage through that location;

and

(d) Areas disturbed for access shall be restored to natural grades immediately after the maintenance or repair is completed.

(13) Barges or other work vessels used to conduct in-water activities shall be operated in a manner that prevents unauthorized dredging, water quality violations, and damage to submerged aquatic communities.

(14) The construction, alteration, or use of the authorized project shall not adversely impede navigation or create a navigational hazard in the water body.

(15) Except where specifically authorized in the general permit, activities must not:

(a) Impound or obstruct existing water flow, cause adverse impacts to existing surface water storage and conveyance capabilities, or otherwise cause adverse water quantity or flooding impacts to receiving water and adjacent lands; or

(b) Cause an adverse impact to the maintenance of surface or ground water levels or surface water flows established pursuant to section 373.042, F.S., or a Works of the District established pursuant to section 373.086, F.S.

(16) If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, stone tools, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities https://www.flrules.org/Gateway/reference.asp?No=Ref-04227 http://publicfiles.dep.state.fl.us/DEAR/Stormwater_Training_Docs/erosion-inspectors-manual.pdf.

http://publicfiles.dep.state.fl.us/DEAR/Stormwater_Training_Docs/erosion-inspectors-manual.pdf.

involving subsurface disturbance in the vicinity of the discovery. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance Review Section (DHR), at (850)245-6333, as well as the appropriate permitting agency office.

Project activities 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 the proper authorities notified in accordance with section 872.05, F.S.

(17) The activity must be capable, based on generally accepted engineering and scientific principles, of being performed and of functioning as proposed, and must comply with any applicable District special basin and geographic area criteria.

(18) The permittee shall comply with the following when performing work within waters accessible to federally- or state-listed aquatic species, such as manatees, marine turtles, smalltooth sawfish, and Gulf sturgeon:

(a) All vessels associated with the project shall operate at “Idle Speed/No Wake” at all times while in the work area and where the draft of the vessels provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.

(b) All deployed siltation or turbidity barriers shall be properly secured, monitored, and maintained to prevent entanglement or entrapment of listed species.

(c) All in-water activities, including vessel operation, must be shut down if a listed species comes within 50 feet of the work area. Activities shall not resume until the animal(s) has moved beyond a 50-foot radius of the in-water work, or until 30 minutes elapses since the last sighting within 50 feet. Animals must not be herded away or harassed into leaving. All onsite project personnel are responsible for observing water-related activities for the presence of listed species.

(d) Any listed species that is killed or…