4-7.0 - ERP 0. Permit 52-0408572-002-EI.pdf

www.FloridaDEP.gov

FLORIDA DEPARTMENT OF

Environmental Protection

Southwest District Office

13051 North Telecom Parkway #101 Temple Terrace, Florida 33637-0926

Ron DeSantis Governor

Jeanette Nuñez

Lt. Governor

Shawn Hamilton Secretary

August 11, 2023

City of Tarpon Springs ℅ Mark Lecouris 324 E. Pine Street Tarpon Springs, FL 34689 mlecouris@ctsfl.us

Dear Mr. Lecouris:

Enclosed is the Environmental Resource Permit, DEP Project No. 52-0408572-002-EI issued pursuant to Part IV of Chapter 373, Florida Statutes, and Title 62, Florida Administrative Code.

Appeal rights for you and for any affected third party are described in the text of the permit along with conditions that must be met when authorized activities are undertaken.

You, as the applicant, are responsible for all aspects of permit compliance. You should therefore review this permit document carefully to ensure compliance with the general conditions and specific conditions contained herein.

Please be aware of permit General Condition number 4, which states, “At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), “Construction Commencement Notice”.”

If you have any questions about this document, please contact me at 813-470-5796, or Claudia.Kirby@FloridaDEP.gov. Thank you for your participation in the permit process and in managing the natural resources of the State of Florida.

Sincerely, Claudia Kirby

Claudia Kirby, CWE Engineering Specialist II Permitting and Waste Cleanup Program cc: ERP/404 Permitting, Southwest District, sw_erp@floridadep.gov Claudia Kirby, Southwest District, Claudia.Kirby@FloridaDEP.gov David Weber, Ardurra Group, Inc., dweber@ardurra.com Peter Bottone, Ardurra Group, Inc., pbottone@ardurra.com Shannon Herbon, Southwest DEP, shannon.herbon@floridadep.gov U.S. Army Corps of Engineers, tampareg@usace.army.mil Randy Runnels, Florida Coastal Office, randy.runnels@dep.state.fl.us

Enclosure: Environmental Resource Permit with Attachments (65 pages) http://www.floridadep.gov/ mailto:mlecouris@ctsfl.us mailto:Claudia.Kirby@FloridaDEP.gov mailto:sw_erp@floridadep.gov mailto:Claudia.Kirby@FloridaDEP.gov mailto:dweber@ardurra.com mailto:pbottone@ardurra.com mailto:shannon.herbon@floridadep.gov mailto:tampareg@usace.army.mil mailto:randy.runnels@dep.state.fl.us

Environmental Protection

Southwest District Office 13051 North Telecom Parkway #101 Temple Terrace, Florida 33637-0926

Ron DeSantis Governor

Jeanette Nuñez Lt. Governor

Shawn Hamilton Secretary

Permittee/Authorized Entity:

City of Tarpon Springs

℅ Mark Lecouris 324 East Pine Street

Tarpon Springs, Florida 34689 mlecouris@ctsfl.us

Beckett Bridge WM & FM Relocate

Authorized Agent:

Ardurra, Inc.

℅ Peter Bottone 4921 Memorial Highway, Suite 300

Tampa, Florida 33634 pbottone@ardurra.com

Individual Environmental Resource Permit

State-owned Submerged Lands Authorization – Pending

U.S. Army Corps of Engineers Authorization – SPGP Not Approved

Permit No.: 52-0408572-002-EI

Permit Issuance Date: August 11, 2023 Permit Construction Phase Expiration Date: August 11, 2028 www.FloridaDEP.gov http://www.floridadep.gov/ mailto:mlecouris@ctsfl.us mailto:pbottone@ardurra.com www.FloridaDEP.gov

Environmental Protection

Southwest District Office 13051 North Telecom Parkway #101 Temple Terrace, Florida 33637-0926

Ron DeSantis Governor

Jeanette Nuñez Lt. Governor

Shawn Hamilton Secretary

Consolidated Environmental Resource Permit and Recommended Intent to Grant Sovereignty Submerged Lands Authorization

Permittee: City of Tarpon Springs Permit No: 52-0408572-002-EI

PROJECT LOCATION

The activities authorized by this permit are located north of North Springs Boulevard and Riverside Drive, Tarpon Springs, Florida, 34689, in Sections 11 & 12, Township 27 South, Range 15 East, in Pinellas County at latitude 28°9'0.6009" / longitude -82°45'54.9480".

PROJECT DESCRIPTION

The project is to relocate the existing 8-inch water main and 12-inch sewer main to accommodate the replacement of Beckett Bridge. The existing water main and sewage main will be relocated north of the bridge and installed via horizontal directional drill (HDD) 30 feet below the channel bottom. The installation will span a total distance of +/- 940 linear feet upland to upland with 420 linear feet crossing beneath Anclote River Bayou Complex, a Class III Outstanding Florida Waterbody and part of the Pinellas County Aquatic Preserve.

The proposed activities have no impacts to wetlands or other surface waters. Authorized activities are depicted on the attached exhibits.

AUTHORIZATIONS

Environmental Resource Permit The Department has determined that the activity qualifies for an Environmental Resource Permit. Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of Chapter 373, Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.).

Sovereignty Submerged Lands Authorization The activity is located on sovereignty submerged lands owned by the State of Florida. It therefore also requires authorization from the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), pursuant to Article X, Section 11 of the Florida Constitution, and Section 253.77, F.S., and Chapter 258, F.S. As staff to the Board of Trustees under Sections 253.002, F.S., the Department has determined that the activity qualifies for and requires a public easement, as long as the work performed is located within the boundaries as described and is consistent with the terms and conditions herein.

The final documents required to execute the public easement will be sent to the permittee by the Department’s Division of State Lands for execution. The Department intends to issue the public easement, upon satisfactory execution of those documents, including payment of required fees and compliance with the conditions in the attached permit. You may not begin construction of the activities described until you receive a copy of the executed public easement from the Department.

Permittee: City of Tarpon Springs Permit Expiration: August 11, 2028 Permit No.: 52-0408572-002-EI www.FloridaDEP.gov

Federal Authorization Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization shall be required from the Corps. You must apply separately to the Corps using their APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT, ENG FORM 4345, or alternative as allowed by their regulations. More information on Corps permitting may be found online in the Jacksonville District Regulatory Division Source Book at: https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book.

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.

Coastal Zone Management Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Zone Management Act.

Water Quality Certification This permit also constitutes a water quality certification under Section 401 of the Clean Water Act, 33 U.S.C. 1341

Other Authorizations You are advised that authorizations or permits for this activity may be required by other federal, state, regional, or local entities including but not limited to local governments or municipalities. This permit does not relieve you from the requirements to obtain all other required permits or authorizations.

The activity described may be conducted only in accordance with the terms, conditions and attachments contained in this document. Issuance and granting of the permit and authorizations herein do not infer, nor guarantee, nor imply that future permits, authorizations, or modifications will be granted by the Department.

PERMIT CONDITIONS

The activities described must be conducted in accordance with:

• The Specific Conditions

• The General Conditions

• The limits, conditions and locations of work shown in the attached drawings

• The term limits of this authorization

You are advised to read and understand these conditions and drawings prior to beginning the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings herein. If you are using a contractor, the contractor also should read and understand these conditions and drawings prior to beginning any activity. Failure to comply with these conditions, including any mitigation requirements, shall be grounds for the Department to revoke the permit and authorization and to take appropriate enforcement action. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit authorization, as described.

http://www.floridadep.gov/ https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book www.FloridaDEP.gov

SPECIFIC CONDITIONS

1. Submittals required herein (e.g., progress reports, as-built drawings, etc.) shall include the permittee's name and permit number 52-0408572-002-EI and shall be directed by e-mail to SW_ERP_CAP@floridadep.gov with a subject line of “Compliance: permit number 52-0408572- 002-EI”, or by mail to:

Department of Environmental Protection Southwest District ATTN: ERP Compliance Assurance 13051 North Telecom Parkway, Suite 101 Temple Terrace, FL 33637-0926

2. The structure/work authorized by this permit shall not be placed/conducted on any property, other than that owned by the permittee, without the prior written approval of that property owner.

3. In the event the permittee files for bankruptcy prior to completion of work permitted and required by this permit, the permittee must notify the Department within 30 days of filing. The notification shall identify the bankruptcy court and case number and shall include a copy of the bankruptcy petition.

4. This permit does not authorize the permittee to cause any adverse impact to or “take” of state listed species and other regulated species of fish and wildlife. Compliance with state laws regulating the take of fish and wildlife is the responsibility of the owner or applicant associated with this project.

Please refer to Chapter 68A-27 of the Florida Administrative Code for definitions of “take” and a list of fish and wildlife species. If listed species are observed onsite, FWC staff are available to provide decision support information or assist in obtaining the appropriate FWC permits. Most marine endangered and threatened species are statutorily protected and a “take” permit cannot be issued.

Requests for further information or review can be sent to FWCConservationPlanningServices@MyFWC.com.

SPECIFIC CONDITIONS – PRIOR TO ANY CONSTRUCTION

5. The terms, conditions, and provisions of the required public easement shall be met. Construction of this activity shall not commence on sovereign submerged lands, title to which is held by the Board of Trustees of the Internal Improvement Trust Fund, until the required public easement (Easement No:

520025043) has been executed to the satisfaction of the Department.

6. Best management practices for erosion control shall be implemented prior to construction commencement and shall be maintained at all times during construction to prevent siltation and turbid discharges in excess of the ambient turbidity levels of the surrounding Outstanding Florida Waters. Methods may include, but are not limited to, the use of staked hay bales, staked filter cloth, sodding, seeding, staged construction and the installation of turbidity screens around the immediate project site.

SPECIFIC CONDITIONS – CONSTRUCTION ACTIVITIES

7. Wetland areas or waterbodies that are outside the specific limits of construction authorized by this permit, must be protected from erosion, sedimentation, siltation, scouring, excess turbidity, and/or dewatering. There shall be no discharge in violation of the water quality standards in Chapter 62-302, F.A.C. Turbidity/erosion controls shall be installed prior to clearing, excavation or placement of fill material, shall be maintained until construction is completed, disturbed areas are http://www.floridadep.gov/ mailto:SW_ERP_CAP@floridadep.gov mailto:FWCConservationPlanningServices@MyFWC.com www.FloridaDEP.gov stabilized, and turbidity levels have fallen to less than the ambient background of the Outstanding Florida Waterbody. The turbidity and erosion control devices shall be removed within 14 days once these conditions are met.

8. Areas of exposed soils shall be isolated from wetlands or other surface waters to prevent erosion and deposition of these soils into wetlands or other surface waters during construction and operation of permitted activities.

9. The permittee shall be responsible for ensuring erosion control devices/procedures are inspected and maintained daily during all phases of construction authorized by this permit until areas disturbed during construction are sufficiently stabilized to prevent erosion, siltation, and turbid discharges.

10. In the event of a frac-out, the permittee shall conduct corrective actions as depicted in the attached Fraction Mitigation Contingency Plan.

11. Unauthorized impacts to wetlands as a result of the authorized construction shall be reported to the Department within 24 hours.

12. Storage or stockpiling of tools and materials (i.e., lumber, pilings, debris) within wetlands or other surface waters is prohibited.

SPECIFIC CONDITIONS – OTHER LISTED SPECIES

13. If new information (e.g. listing of new species, new critical habitat, etc.) shows that the magnitude of impacts to federally listed species has the potential for adverse effects, the U.S. Fish and Wildlife Service (USFWS) will notify the Department. The Department will initiate coordination with the permittee and with the USFWS to determine what adverse impacts are likely and if additional minimization measures, reporting, or monitoring are required in order to be consistent with the Endangered Species Act, as deemed necessary by USFWS.

14. The Permittee shall report any injured, sick, or dead federally or state listed animal(s) discovered onsite to the Florida Fish and Wildlife Conservation Commission Wildlife Alert number at 888-404-

FWCC (3922).

15. This permit does not authorize the permittee to cause any adverse impact to or “take” of state listed species and other regulated species of fish and wildlife. Compliance with state laws regulating the take of fish and wildlife is the responsibility of the owner or permittee associated with this project.

Please refer to Chapter 68A-27 of the Florida Administrative Code for definitions of “take” and a list of fish and wildlife species. If listed species are observed onsite, Florida Fish and Wildlife Conservation Commission (FWC) staff are available to provide decision support information or assist in obtaining the appropriate FWC permits. Most marine endangered and threatened species are statutorily protected and a “take” permit cannot be issued. Requests for further information or review can be sent to ConservationPlanningServices@MyFWC.com.

SPECIFIC MANATEE CONDITIONS

16. If a manatee appears to be in distress after coming in contact with drilling mud, work vessels or equipment, it shall be reported immediately by calling the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Any collision with or injury to a manatee shall also be reported immediately. A follow-up written report shall be sent to FWC as soon as practicable at ImperiledSpecies@myfwc.com, including the permit number, dates, details and status of the event.

mailto:ConservationPlanningServices@MyFWC.com www.FloridaDEP.gov

17. During in-water construction activities and in the event of a frac-out, the following manatee conditions shall be followed:

a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.

b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake” while in the project area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible and follow any posted speed zones.

c. If used, siltation, turbidity barriers, booms or curtains shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement.

d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shut-down if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving.

e. Temporary signs concerning manatees shall be posted on all vessels associated with the project.

This sign shall measure at least 8 ½” by 11" and explain the requirements for “Idle Speed/No Wake” and the shutdown of in-water operations. Information on this sign is available at:

https://myfwc.com/wildlifehabitats/wildlife/manatee/education-for-marinas/.

SPECIFIC CONDITIONS – CONSTRUCTION COMPLETION

The permittee shall comply with the following conditions prior to the transfer to operation phase of the facility. All documentation required below shall be included with the permittee’s request to transfer the project to the operation phase [Form No. 62-330.310(2), F.A.C.].

18. The permittee shall submit one set of signed, dated and sealed as-built drawings to the Department via email at SW_ERP_CAP@floridadep.gov for review and approval within 30 days of completion of construction. (Please contact the Department for files that are too large to email for alternative means of submitting electronically.) The as-built drawings shall be based on the Department permitted construction drawings and any pertinent specific conditions, which should be revised to reflect changes made during construction. Both the original design and constructed elevations must be clearly shown.

The plans must be clearly labeled as "as-built" or "record" drawings. Surveyed dimensions and elevations required shall be verified and signed, dated and sealed by a Florida registered professional.

As-builts shall be submitted to the Department regardless of whether or not deviations are present. In addition, the permittee shall submit the “As-Built Certification and Request for Conversion to Operation Phase” form (Ch. 62-330.310(1), F.A.C.); as required in General Condition #6.

The following information shall be verified on the as-built drawings from the engineering drawings signed and sealed by David Anthony Weber, License No. 29323 on November 15, 2022:

mailto:SW_ERP_CAP@floridadep.gov www.FloridaDEP.gov

Plan View/ Cross Section Name Drawing Number Plan and profile of HDD C1.01 - C1.03

SPECIFIC CONDITIONS – HORIZONTAL DIRECTIONAL DRILL

14. The hydraulic directional drill (HDD) bore pits and all staging shall be within uplands.

15. The permittee shall follow the approved Frac-Out Contingency Plan (attached).

16. All HDD activities shall take place during daylight hours only.

17. Within 2 hours of the HDD punch out and subsequent back-reams, the permittee shall perform a visual inspection of the submerged lands along the subaqueous portions of the HDD corridor to inspect for bentonite releases or frac-outs. Within 7 days of the HDD punch out and subsequent back-reams, the permittee shall submit a written summary report to the Department that includes the following information:

a. timeline of the outfall/pit installations

b. any complications encountered during outfall installations

c. results of conduit corridor and adjacent reef/hardbottom communities dive inspections

d. details of any dye detection and subsequent bentonite clean-up operation

e. discussion of possible causes of bentonite discharges (frac-outs); and

f. suggestions for future frac-out prevention measures

18. If a frac-out occurs during the subaqueous crossing installation which results in adverse impacts wetlands, submerged or emergent vegetation, oyster beds, hard or soft corals, sponges, or other biological resources, restoration and mitigation shall be required to offset adverse impacts.

19. Within 30 days of each pit installation, the permittee shall fully restore the staging area to its original condition. Paved surfaces shall be repaired, and unpaved surface areas shall be replanted with appropriate non-nuisance native vegetation.

GENERAL CONDITIONS FOR INDIVIDUAL PERMITS

The following general conditions are binding on all individual permits issued under chapter 62-330, F.A.C., except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate project-specific conditions.

1. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S.

2. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction.

www.FloridaDEP.gov

3. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project-specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit.

4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), “Construction Commencement Notice,” [October 1, 2013], which is incorporated by reference in paragraph 62-330.350(1)(d), F.A.C., indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. If available, an Agency website that fulfills this notification requirement may be used in lieu of the form.

5. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity.

6. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable:

a. For all other activities ‒ “As-Built Certification and Request for Conversion to Operational Phase” [Form 62-330.310(1)].

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

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

a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume I) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located.

b. Within 30 days of submittal of the as- built certification, the permittee shall submit “Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity” [Form 62- 330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form.

8. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes.

www.FloridaDEP.gov

9. This permit does not:

a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.;

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

c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or

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

10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed.

11. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit.

12. The permittee shall notify the Agency in writing:

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

b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase.

13. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit.

14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S.

www.FloridaDEP.gov

15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise.

16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards.

17. This permit is issued based on the applicant’s submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts.

18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property.

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 Rule 28-106.201, 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 email address, any facsimile number, and telephone number of the petitioner;

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 are or 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.

www.FloridaDEP.gov

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. 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 must be filed within 14 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 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication. 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.

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, before the applicable 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 Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, 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 of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department.

http://web2.westlaw.com/find/default.wl?ordoc=I0C7293C0912311DB8F8F8100D79B57CF&rp=%2ffind%2fdefault.wl&DB=1000006&DocName=FLSTS120%2E569&FindType=L&AP=&rs=WLW9.08&ifm=NotSet&fn=_top&sv=Split&mt=Florida&utid=4&vr=2.0&pbc=38B33E51 www.FloridaDEP.gov

Executed in Orange County, Florida STATE OF FLORIDA DEPARTMENT

OF ENVIRONMENTAL PROTECTION

Shannon Herbon Permitting Program Administrator Permitting and Waste Cleanup Program Southwest District

Attachments:

1. Project Drawings and Design Specs., 12 pages

2. Frac-Out Contingency Plan, 19 pages

3. Easements/Survey and Legal, 14 pages

4. Construction Commencement Notice/Form 62-330.350(1), 1 page

5. As-Built Certification and Request for Conversion to Operation Phase/Form 62-330.310(1), 2 pages

6. Operation and Maintenance Inspection Certification/Form 62-330.311(1), 2 pages

7. Request for Transfer of Permit to the Perpetual Operation Entity/Form 62-330.310(2), 1 page

8. Request to Transfer Permit/Form 62-330.340(1), 2 pages

Copies furnished to:

ERP/404 Permitting, Southwest District, sw_erp@floridadep.gov Claudia Kirby, Southwest District, Claudia.Kirby@FloridaDEP.gov David Weber, Ardurra Group, Inc., dweber@ardurra.com Peter Bottone, Ardurra Group, Inc., pbottone@ardurra.com Shannon Herbon, Southwest DEP, shannon.herbon@floridadep.gov U.S. Army Corps of Engineers, tampareg@usace.army.mil Randy Runnels, Florida Coastal Office, randy.runnels@dep.state.fl.us

CERTIFICATE OF SERVICE

The undersigned hereby certifies that this permit, including all copies, were mailed before the close of business on August 11, 2023 to the above listed persons.

FILING AND ACKNOWLEDGMENT

FILED, on this date, under 120.52(7) of the Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged.

August 11, 2023 Clerk Date http://www.floridadep.gov/ mailto:sw_erp@floridadep.gov mailto:Claudia.Kirby@FloridaDEP.gov mailto:dweber@ardurra.com mailto:pbottone@ardurra.com mailto:shannon.herbon@floridadep.gov mailto:tampareg@usace.army.mil mailto:randy.runnels@dep.state.fl.us

ATTACHMENT 5-CONSTRUCTION METHODS & FRAC-OUT PLAN

Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after the construction activity in that portion of the site has ceased. Contractor shall provide daily maintenance of permanent and temporary erosion and sediment control measures features until the project is complete and all soil stabilized per the approved SWPP. All equipment will access construction areas through upland portions of the project area.

Temporary erosion controls include, but are not limited to, grassing, mulching, netting, watering and reseeding on-site surfaces, spoil and borrow areas and providing interceptor ditches at those locations which will ensure that erosion during construction will be either eliminated or maintained within acceptable limits as established by the Owner and the permitting agencies. “Best Management Practices” for erosion control will be implemented and maintained at all times by the Contractor per the SWPP or as necessary during construction to prevent siltation and turbid discharges in excess of State water quality standards.

Temporary sedimentation controls include, but are not limited to, silt soxx, geotubes, dams, traps, barriers and appurtenances, which will ensure that sedimentation pollution will be either eliminated or maintained within acceptable limits as established by the Owner and the permitting agencies. Where pumps are to be used to remove turbid waters from the construction area, the water shall be treated to reduce turbidity to state water quality standards prior to discharge to the wetlands. Treatment methods include, for example, turbid water being pumped into grassed swales or appropriate vegetated areas (other than upland preservation areas and wetland buffers), sediment basins, or confined by an appropriate enclosure such as turbidity barriers and kept confined until its turbidity level meets state water quality standards. All dewatering permitting

Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment

Control Designer and Reviewer Manual (Florida Department of Environmental Protection and

Florida Department of Transportation, Current Edition), and the Florida Stormwater Erosion and

Sedimentation Control Inspector’s Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, Current Edition). These manuals are incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project-specific erosion and sediment control plan is approved, or other more astringent water quality control measures are required as a condition of the permit. At least 48 hours prior to beginning the authorized activities, the permittee shall submit SWPP and BMP plan to the FDEP as applicable.

The Selected Contractor shall construct, monitor and maintain turbidity control devices and implement approved Frac-out plans in accordance with the FDEP ERP and the ACOE Nationwide

Permit conditions.

HDD AND FRAC-OUT PROVISIONS (INCLUDED IN CONTRACT DOCUMENTS AND

SPECIFICATIONS-SECTION XXXXX)

SECTION XXXXX

DIRECTIONAL BORING

PART 1 – GENERAL

1.01 SCOPE OF WORK

A. The work of this Section includes all labor, machinery, construction equipment and appliances required to perform in a good workmanlike manner all directional boring.

B. The overall work scope shall include, but not be limited to steerable directional boring equipment, boring pits and equipment, sheeting, location signs as required, maintenance of traffic and miscellaneous appurtenances to complete the entire Work as shown on the

Contract Drawings, and restoration. Directional boring operations shall be performed within the right-of-way and/or easements shown on the Drawings.

C. The equipment used in directional boring, also known as horizontal directional drilling, shall be of adequate commercial size and satisfactory working condition for safe operation, and may be subject to approval by the City or State at the discretion of the

Engineer. Such approval, however, shall not relieve the Contractor of the responsibility for making a satisfactory installation meeting the criteria set forth herein. Only workmen experienced in directional boring operations shall be used in performing the Work.

D. Provide all structures, safety equipment, and professional services required to provide for the health and safety of the general public and of personnel involved in directional boring work in accordance with the requirements of the regulatory agencies having jurisdiction.

E. Potential locations for entry and exit points are shown on the drawings. The Contractor shall submit proposed locations as part of his drilling plan for approval by the Engineer.

The Contractor shall employ licensed, professional land surveyors to locate the entry and exit points, and to establish horizontal and vertical datum for the bore and the pipe layout and fabrication areas.

F. Take all measures necessary to protect surrounding public and private property, adjacent buildings, roads, drives, sidewalks, and appurtenances from damage due to directional boring work. The work shall be performed in a manner that will minimize or eliminate the potential for frac-out and the upheaving of driveways, sidewalks and roads. If deemed necessary by the Contractor, pressure relief holes shall be utilized to control the pressure within the bore hole. The exact procedure for controlling the bore hole pressure and completing the bore shall be the responsibility of the Contractor.

G. The Directional Boring operation is to be operated in a manner to eliminate the discharge of water, drilling mud, and cuttings to nearby water bodies or to the land areas involved during the construction process. If inadvertent spills to nearby water bodies occur, the

Contractor shall immediately provide environmental controls and clean up to the satisfaction of, and at no additional expense to the Owner.

H. Best Management Practices (BMP’s) for erosion control within the Contractor’s work area shall be implemented and maintained at all times during drilling and back-reaming operations to prevent siltation and turbid discharges in excess of State Water quality

Standards pursuant to Rule 62-302, F.A.C. Methods shall include but are not limited to the immediate placement of turbidity containment devices such as turbidity screen, silt containment fence, haybales, and earthen berms, etc to contain the drilling mud.

I. The Contractor shall be responsible for preparing and submitting to the Engineer and all permitting agencies (described in the permits attached to these specifications) sheeting, shoring, and bracing plan and dewatering plan for all excavations required in the project.

The Contractor shall be responsible for obtaining all necessary permits including but not limited to a Generic Permit under F.A.C. 62-621.300 for dewatering activities.

J. The Owner has had soil borings along the proposed alignment of the water main. The location of these soil borings is shown on the plans (if applicable). A brief report of the result of these borings is referenced in the specifications is solely for the purposes of assisting the Contractor in preparing its bid. By making this report available to the

Contractor, the Owner makes no representations that the report is a true and accurate representation of the existing site conditions. The Contractor shall be responsible to review and evaluate the contract documents and site conditions before submitting a bid to do the work.

1.02 REFERENCE DOCUMENTS

A. Florida Department of Transportation (FDOT) Utility Accommodation Guide

B. American Society for Testing and Materials (ASTM).

C. American Water Works Associations (AWWA).

D. American Petroleum Institute (API).

E. Plastic Pipe Institute (PPI).

1.03 QUALIFICATIONS

A. The following requirements represent the minimum qualifications required by the

Owner for this project. The Contractor shall submit proof to the Engineer that the

Contractor or the HDD contractor meets these requirements below:

1. Contractor shall have been in business under the current name for the past 36 months.

2. Contractor shall have a minimum of five (5) years of successful experience in installing pipelines using horizontal directional drill (HDD) methods.

3. Contractor must submit on above referenced jobs the successful deployment of downhole survey tools that record fluid pressure and provide steering and tracking.

4. Qualifications and Experience of Contractor Personnel: The Contractor shall employ skilled, experienced superintendent(s), drill rig operators, and key personnel. The superintendent(s) and drill rig operators shall have at least three years of successful experience using the HDD process, on at least five (5) projects with similar diameters, pull back length and ground conditions. The superintendent(s), drill rig operator, and key personnel shall demonstrate successful completion of at least three (3) projects where pipe was installed with horizontal directional drilling techniques. The Contractor shall furnish resumes of the superintendent(s) and operators. Personnel experience records should include project names, locations, pull back lengths, ground conditions, pipe materials, project description, project owner, engineer, and references with names, addresses and telephone numbers. The superintendent and operators listed in the submittal shall be on site during all construction related activities required for

HDD installation.

5. The Contractor shall employ the services of environmental scientists/biologists with at least five (5) years of experience in water quality monitoring and habitat protection for all HDD work under waterways.

1.04 SUBMITTALS

A. All submittals shall be in conformance with Section 01340.

B. Prior to beginning work, the contractor must submit to the Owner and Engineer the following items:

1. The Contractor shall provide a complete HDD work plan with a written description identifying details of the proposed method of construction and sequence of operations to be performed during construction. The work plan shall be comprehensive, realistic and based on actual working conditions for this particular project. The work plan shall address the following requirements as a minimum:

a. Pre-construction walkover and site inspection.

b. Sunshine One Call for utilities location within the limits of the HDD project

(Ground Penetrating Radar (GPR) Electronic Locate, Subsurface Location as required).

c. The Contractor shall video tape and take photographs of nearby structures which may be affected by inadvertent fluid returns.

d. The Contractor shall review as-built drawing and prior geotechnical reports of past projects in the area, if available and identify and potential concerns.

e. The work plan shall include the exact locations and dimensions of all drill entry/exit pits, equipment staging areas, and dewatering plans.

f. The work plans shall include a traffic control plan, a spill cleanup/environmental protection plan, dewatering plan and contingency plans for possible problems.

g. The Contractor shall establish a drill profile between the entry and exit point by observing various framework conditions mentioned below in order to ensure, that the intended theoretical drilling profile line can also be realized in practice.

1) Entry and exit angle

2) Slant tangential sections

3) Radii of curvature

4) Cover

5) Borehole diameter

h. The Contractor shall provide anticipated drilling rates for pilot bore, reaming and pullback procedures. These drilling rates shall be used by the Contractor to calculate drilling fluid volumes required for pilot hole, each reaming pass and pullback.