APPENDIX_1-Permits.pdf

APPENDIX 1 - PERMITS

Stormwater Starkey Facility M10 Modification

P.I.D. No. 003900A

PERMIT INDEX

AGENCY PERMIT No. PERMIT FEE / OTHER

SWFWMD 43034407.003 N/A

FDEP 0410622-003-SFG N/A

Pinellas County Habitat Management Permit

Issued to Contractor following the Pre-construction meeting if applicable or as directed by the County

No permit charge

Dewatering Permit Issued to Contractor following the pre-construction meeting if applicable or as directed by the County

No permit charge

NPDES –

Construction Generic Permit

Large Construction (>5 acres) $400.00

Small Construction (1-5 acres) $250.00

The Contractor shall obtain this permit.

Refer to FDEP link - https:// floridadep.gov/water/stormwater/ content/construction-activity

Link to information regarding Pinellas County’s Permitting Guide and Access Portal:

https://pinellas.gov/permitting-guide/ https://floridadep.gov/water/stormwater/content/construction-activity https://pinellas.gov/permitting-guide/

2379 Broad Street, Brooksville, Florida 34604-6899

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

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

On the Internet at: WaterMatters.org

An Equal

Opportunity

Employer

Bartow Service Office 170 Century Boulevard

Bartow, Florida 33830-7700

(863) 534-1448 or 1-800-492-7862 (FL only)

Sarasota Service Office 78 Sarasota Center Boulevard

Sarasota, Florida 34240-9770

(941) 377-3722 or 1-800-320-3503 (FL only)

Tampa Service Office 7601 Highway 301 North

Tampa, Florida 33637-6759

(813) 985-7481 or 1-800-836-0797 (FL only)

July 19, 2022

Pinellas County BOCC

Attn: Mona Gabriel 14 South Fort Harrison Avenue Clearwater, FL 33756

Subject: Notice of Agency Action - Approval

ERP Individual Construction

Project Name: Starkey Rd M10 Retrofit Modification

App ID/Permit No:

County:

832537 / 43034407.003

Pinellas

Sec/Twp/Rge: S12/T30S/R15E, S11/T30S/R15E

Dear Permittee(s):

The Southwest Florida Water Management District (District) is in receipt of your application for the Environmental Resource Permit. Based upon a review of the information you submitted, the application is approved.

Please refer to the attached Notice of Rights to determine any legal rights you may have concerning the District's agency action on the permit application described in this letter.

If approved construction plans are part of the permit, construction must be in accordance with these plans.

These drawings are available for viewing or downloading through the District's Application and Permit Search Tools located at www.WaterMatters.org/permits.

The District's action in this matter only becomes closed to future legal challenges from members of the public if such persons have been properly notified of the District's action and no person objects to the District's action within the prescribed period of time following the notification. The District does not publish notices of agency action. If you wish to limit the time within which a person who does not receive actual written notice from the District may request an administrative hearing regarding this action, you are strongly encouraged to publish, at your own expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation in the county or counties where the activity will occur. Publishing notice of agency action will close the window for filing a petition for hearing. Legal requirements and instructions for publishing notices of agency action, as well as a noticing form that can be used, are available from the District's website at www.WaterMatters.org/permits/noticing. If you publish notice of agency action, a copy of the affidavit of publication provided by the newspaper should be sent to the District's Tampa Service Office for retention in this permit's File of Record.

Page 2 App ID/Permit No:832537 / 43034407.003 July 19, 2022

If you have any questions or concerns regarding your permit or any other information, please contact the

Environmental Resource Permit Bureau in the Tampa Service Office.

Sincerely, David Kramer, P.E.

Bureau Chief

Environmental Resource Permit Bureau

Regulation Division

Approved Permit w/Conditions AttachedEnclosures:

As-Built Certification and Request for Conversion to Operation Phase

Notice of Authorization to Commence Construction

Notice of Rights cc: Yanisa Angulo

Mark Ellard, Geosyntec Consultants, Inc.

http://www.swfwmd.state.fl.us/files/database/site_file_sets/2476/62-330_310_1_-_As-Built_Certification%5b1%5d.pdf

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT

ENVIRONMENTAL RESOURCE

PERMIT NO. 43034407.003

EXPIRATION DATE: July 19, 2027 PERMIT ISSUE DATE: July 19, 2022

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

Chapter 62-330, Florida Administrative Code, (F.A.C.). The permit authorizes the Permittee to proceed with the construction of a surface water management system in accordance with the information outlined herein and shown by the application, approved drawings, plans, specifications, and other documents, attached hereto and kept on file at the Southwest Florida Water Management District (District). Unless otherwise stated by permit specific condition, permit issuance constitutes certification of compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341. All construction, operation and maintenance of the surface water management system authorized by this permit shall occur in compliance with Florida Statutes and

Administrative Code and the conditions of this permit.

INDIVIDUAL CONSTRUCTION

PROJECT NAME: Starkey Rd M10 Retrofit Modification

Pinellas County BOCCGRANTED TO:

Attn: Mona Gabriel

14 South Fort Harrison Avenue Clearwater, FL 33756

N/AOTHER PERMITTEES:

ABSTRACT: This permit authorization is for the construction of a stormwater management system to enhance the water quality treatment from the existing Starkey M10 SMF contributing area. Pond 6C permitted under

44034407.000 will be connected to Pond M10 via a 43”x68” ERCP until the commencement of the 126th Avenue widening project, at which time the system will be reverted to the previously permitted conditions. A separate permit modification will be submitted for the termination of the interim connection between Pond M10 and Pond

6C. The proposed activities also include the installation of a weir wall in the M10 canal. To mitigate the upstream impacts of the weir installation, Pond M10 is being constructed. The project is located west of Tall Pines Drive and north of 126th Avenue in Pinellas County.

Information regarding the wetlands and/or surface waters is stated below and on the permitted construction drawings for the project.

Pinellas County BOCCOP. & MAIN. ENTITY:

OTHER OP. & MAIN. ENTITY: N/A

COUNTY: Pinellas

S12/T30S/R15E, S11/T30S/R15ESEC/TWP/RGE:

TOTAL ACRES OWNED

OR UNDER CONTROL:

PROJECT SIZE:

LAND USE:

DATE APPLICATION FILED:

AMENDED DATE:

Water Quality Treatment System

September 10, 2021

7.05 Acres

7.05

N/A

I. Water Quantity/Quality

POND No. Area Acres @ Top of Bank Treatment Type

Starkey M10 WD system

7.80 MAN-MADE WET DETENTION

Total: 7.80

Water Quantity/Quality Comment:

The proposed pond provides treatment for runoff from the site via wet detention . The system provides attenuation of the post-development 25-year, 24-hour peak discharge rate to the pre-development 25-year, 24-hour peak discharge rate.

The plans and calculations reflect the North American Vertical Datum of 1988 (NAVD 88).

A mixing zone is not required.

A variance is not required.

Encroachment

(Acre-Feet of fill)

Compensation

(Acre-Feet of excavation)

Compensation

Type Encroachment

Result* (feet)

Storage Modeling 0.00 2.88 N/A

Floodplain Comment:

Onsite floodplain elevations have been established by the Starkey Watershed Model and site -specific stormwater modeling. Encroachment into the 100-year floodplain has been demonstrated to have no adverse impacts on offsite locations by dynamic stormwater modeling of the proposed stormwater management system.

*Depth of change in flood stage (level) over existing receiving water stage resulting from floodplain encroachment caused by a project that claims Minimal Impact type of compensation.

II. 100-Year Floodplain

III. Environmental Considerations

Wetland/Other Surface Water Information

Wetland/Other

Surface

Water Name

Total

Acres

Not

Impacted

Acres Acres

Functional

Loss*

Functional

Loss* Acres

Permanent Impacts Temporary Impacts

WL-1 0.94 0.93 0.00 0.01 0.00 0.00

WL-2 0.22 0.00 0.00 0.22 0.00 0.00

SW-1 0.57 0.30 0.27 0.00 0.00 0.00

1.73 1.23

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

Total: 0.23 0.00 0.27 0.00

Wetland/Other Surface Water Comments:

There are 1.16 acres of wetlands (FLUCCS 641 and 617) located within the project area for this ERP.

Permanent filling impacts to 0.23 acre of wetland (FLUCCS 641 and 617) will occur for construction of stormwater pond construction and weir installation. There are 0.57 acre of other surface waters feature

(FLUCCS 510), consisting of 0.57 acres of upland cut ditches, located within the project area. Temporary dredging impacts to 0.27 acres of the project surface waters will occur for activity of ditch widening.

Mitigation Information

Mitigation Comments:

Wetland mitigation will not be required for permanent filling impacts to 0.01 acres of wetlands and 0.27 acres temporary impacts to upland cut ditches pursuant to Subsection 10.2.2 of the ERP Applicant’s Handbook Vol. I. Under this Section, wetland mitigation is not required for impacts that have been determined to be de minimis to fish, wildlife and listed species.

Wetland mitigation is not required for permanent filling impacts to Wetland WL-2 pursuant to Subsection 10.2.2.1 of the ERP Applicant’s Handbook Vol. I. Under this Subsection, wetland mitigation is not required for impacts to isolated wetlands less than one half acre in size that do not provide significant habitat for threatened or endangered species.

In order to provide reasonable assurance that the project will not cause adverse impacts to wetlands, as described in

Subsection 10.2.7 of the Applicant's Handbook Volume I, wetland plantings are required in this permit as shown on

Sheet 40-41 of the permitted construction plans due to the fact that the SHWL elevation will be exceeded periodically for a 12-day time period. The supplemental wetland plantings will provide the District with reasonable assurance that the project will not have adverse impacts to the affected wetlands.

Specific Conditions

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

Permittee becoming the owner of part of the project area, this permit may be terminated, unless the terms of the permit are modified by the District or the permit is transferred pursuant to Rule 40D-1.6105, F.A.C. In such situations, each land owner shall obtain a permit (which may be a modification of this permit) for the land owned by that person. This condition shall not apply to the division and sale of lots or units in residential subdivisions or condominiums.

2. The Permittee shall retain the design professional registered or licensed in Florida, to conduct on-site observations of construction and assist with the as-built certification requirements of this project. The Permittee shall inform the District in writing of the name, address and phone number of the design professional so employed. This information shall be submitted prior to construction.

3. Wetland buffers shall remain in an undisturbed condition except for approved drainage facility construction/maintenance.

4. The following boundaries, as shown on the approved construction drawings, shall be clearly delineated on the site prior to initial clearing or grading activities:

a. wetland and surface water areas

b. wetland buffers

c. limits of approved wetland impacts

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

District personnel.

5. The removal of littoral shelf vegetation (including cattails) from wet detention ponds is prohibited unless otherwise approved by the District. Removal includes dredging, the application of herbicide, cutting, and the introduction of grass carp. Any questions regarding authorized activities within the wet detention ponds shall be addressed to the District's Engineering Manager at the Tampa Service Office.

6. This Permit No. 44034407.003 amends the previously issued Permit No. 44034407.000 and adds conditions. All other original permit conditions remain in effect.

7. If limestone bedrock is encountered during construction of the stormwater management system, the District must be notified and construction in the affected area shall cease.

8. The Permittee shall notify the District of any sinkhole development in the stormwater management system within

48 hours of discovery and must submit a detailed sinkhole evaluation and repair plan for approval by the District within 30 days of discovery.

9. The Permitted Plan Set for this project includes the set received by the District on June 16, 2022.

10. The operation and maintenance entity shall provide for the inspection of the permitted project after conversion of the permit to the operation and maintenance phase. For systems utilizing wet detention, the inspections shall be performed five (5) years after operation is authorized and every five (5) years thereafter.

The operation and maintenance entity must maintain a record of each inspection, including the date of inspection, the name and contact information of the inspector, whether the system was functioning as designed and permitted, and make such record available upon request of the District.

Within 30 days of any failure of a stormwater management system or deviation from the permit, an inspection report shall be submitted using Form 62-330.311(1), “Operation and Maintenance Inspection Certification” describing the remedial actions taken to resolve the failure or deviation.

11. District staff must be notified in advance of any proposed construction dewatering. If the dewatering activity is likely to result in offsite discharge or sediment transport into wetlands or surface waters, a written dewatering plan must either have been submitted and approved with the permit application or submitted to the District as a permit prior to the dewatering event as a permit modification. A water use permit may be required prior to any use exceeding the thresholds in Chapter 40D-2, F.A.C.

12. Off-site discharges during construction and development shall be made only through the facilities authorized by this permit. Water discharged from the project shall be through structures having a mechanism suitable for regulating upstream stages. Stages may be subject to operating schedules satisfactory to the District.

13. The permittee shall complete construction of all aspects of the stormwater management system, including wetland compensation (grading, mulching, planting), water quality treatment features, and discharge control facilities prior to beneficial occupancy or use of the development being served by this system.

14. The following shall be properly abandoned and/or removed in accordance with the applicable regulations:

a. Any existing wells in the path of construction shall be properly plugged and abandoned by a licensed well contractor.

b. Any existing septic tanks on site shall be abandoned at the beginning of construction.

c. Any existing fuel storage tanks and fuel pumps shall be removed at the beginning of construction.

15. All stormwater management systems shall be operated to conserve water in order to maintain environmental quality and resource protection; to increase the efficiency of transport, application and use; to decrease waste; to minimize unnatural runoff from the property and to minimize dewatering of offsite property.

16. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the occupation of the site or operation of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to a local government or other responsible entity.

17. This permit is valid only for the specific processes, operations and designs indicated on the approved drawings or exhibits submitted in support of the permit application. Any substantial deviation from the approved drawings, exhibits, specifications or permit conditions, including construction within the total land area but outside the approved project area(s), may constitute grounds for revocation or enforcement action by the District, unless a modification has been applied for and approved. Examples of substantial deviations include excavation of ponds, ditches or sump areas deeper than shown on the approved plans.

18. 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.

19. 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.

20. The approved wetland plantings, as shown on Sheet 40-41 of the construction plans, are required in order to provide the District with reasonable assurance that the project will not have adverse impacts to the adjacent wetlands, as described in Subsection 10.2.7 of the Applicant’s Handbook Volume I. The wetland plantings shall be completed prior to the transfer to operation of the facility. The wetland plantings shall meet a success criteria of

80 percent survival and a monitoring report will be provided to the District after 1 year of monitoring. The wetland plantings shall be maintained such that they remain in their intended condition for the life of the system.

21. It is the permittee responsibility to resolve all contaminated site assessment concerns with the FDEP prior to beginning any construction activities on their project.

GENERAL CONDITIONS

1. The general conditions attached hereto as Exhibit "A” are hereby incorporated into this permit by reference and the Permittee shall comply with them.

David Kramer, P.E.

Authorized Signature

EXHIBIT A

GENERAL CONDITIONS:

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

a. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C., or the permit may be revoked and the permittee may be subject to enforcement action.

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

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

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

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

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

Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(8)(b)5, F.A.C., unless a project-specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit.

d. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), “Construction Commencement Notice,”[effective date], incorporated by reference herein (<http://www.flrules.org/Gateway/reference.asp?No=Ref-02505> ), indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5),F.A.C. However, for activities involving more than one acre of construction that also require a NPDES stormwater construction general permit, submittal of the Notice of Intent to Use

Generic Permit for Stormwater Discharge from Large and Small Construction Activities, DEP Form 62-

621.300(4)(b), shall also serve as notice of commencement of construction under this chapter and, in such a case, submittal of Form 62-330.350(1) is not required.

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

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

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

1. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex -

"Construction Completion and Inspection Certification for Activities Associated with a Private

Single-Family Dwelling Unit” [Form 62-330.310(3)]; or

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

[Form 62-330.310(1)].

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

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

1. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.4 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.

2. Within 30 days of submittal of the as- built certification, the permittee shall submit “Request for Transfer of Environmental Resource Permit to the Perpetual Operation and Maintenance Entity”

[Form 62-330.310 (2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form.

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

i. This permit does not:

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

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

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

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

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

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

l. The permittee shall notify the Agency in writing:

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

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

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

n. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and

Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office.

Such subsurface work shall not resume without verbal or written authorization from the Division of Historical

Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. (2012).

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

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

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

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

2. In addition to those general conditions in subsection (1) above, the Agency shall impose any additional project-specific special conditions necessary to assure the permitted activities will not be harmful to the water resources, as set forth in Rules 62-330.301 and 62-330.302, F.A.C., Volumes I and II, as applicable, and the rules incorporated by reference in this chapter.

SOUTHWEST FLORIDA

NOTICE OF

WATER MANAGEMENT DISTRICT

AUTHORIZATION

TO COMMENCE CONSTRUCTION

Starkey Rd M10 Retrofit Modification

PROJECT NAME

PROJECT TYPE

COUNTY

Pinellas

Water Quality Treatment System

S12/T30S/R15E, S11/T30S/R15E

THIS NOTICE SHOULD BE CONSPICUOUSLY

DISPLAYED AT THE SITE OF THE WORK

Issuing Authority

July 19, 2022DATE ISSUED:

832537 / 43034407.003APPLICATION ID/PERMIT NO:

PERMITTEE

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

Pinellas County BOCC

David Kramer, P.E.

Notice of Rights

ADMINISTRATIVE HEARING

1. You or any person whose substantial interests are or may be affected by the District's intended or proposed action may request an administrative hearing on that action by filing a written petition in accordance with

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

Administrative Code (F.A.C.) and District Rule 40D-1.1010, F.A.C. Unless otherwise provided by law, a petition for administrative hearing must be filed with (received by) the District within 21 days of receipt of written notice of agency action. "Written notice" means either actual written notice, or newspaper publication of notice, that the

District has taken or intends to take agency action. "Receipt of written notice" is deemed to be the fifth day after the date on which actual notice is deposited in the United States mail, if notice is mailed to you, or the date that actual notice is issued, if sent to you by electronic mail or delivered to you, or the date that notice is published in a newspaper, for those persons to whom the District does not provide actual notice.

2. Pursuant to Subsection 373.427(2)(c), F.S., for notices of intended or proposed agency action on a consolidated application for an environmental resource permit and use of state-owned submerged lands concurrently reviewed by the District, a petition for administrative hearing must be filed with (received by) the

District within 14 days of receipt of written notice.

3. Pursuant to Rule 62-532.430, F.A.C., for notices of intent to deny a well construction permit, a petition for administrative hearing must be filed with (received by) the District within 30 days of receipt of written notice of intent to deny.

4. Any person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days of receipt or other period as required by law waives the right to request a hearing on such matters.

5. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding District intended or proposed action is not available prior to the filing of a petition for hearing.

6. A request or petition for administrative hearing must comply with the requirements set forth in Chapter 28-106, F.A.C. A request or petition for a hearing must: (1) explain how the substantial interests of each person requesting the hearing will be affected by the District's intended action or proposed action, (2) state all material facts disputed by the person requesting the hearing or state that there are no material facts in dispute, and (3) otherwise comply with Rules 28-106.201 and 28-106.301, F.A.C. Chapter 28-106, F.A.C. can be viewed at www.flrules.org or at the District's website at www.WaterMatters.org/permits/rules.

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

Clerk at the District's Tampa Service Office during normal business hours, which are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding District holidays. Filings with the District Agency Clerk may be made by mail, hand-delivery or facsimile transfer (fax). The District does not accept petitions for administrative hearing by electronic mail. Mailed filings must be addressed to, and hand-delivered filings must be delivered to, the Agency

Clerk, Southwest Florida Water Management District, 7601 Highway 301 North,Tampa,FL 33637-6759. Faxed filings must be transmitted to the District Agency Clerk at (813) 367-9776. Any petition not received during normal business hours shall be filed as of 8:00 a.m. on the next business day. The District's acceptance of faxed petitions for filing is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation, available for viewing at www.WaterMatters.org/about.

JUDICIAL REVIEW

1. Pursuant to Sections 120.60(3) and 120.68, F.S., a party who is adversely affected by District action may seek judicial review of the District's action. Judicial review shall be sought in the Fifth District Court of Appeal or in the appellate district where a party resides or as otherwise provided by law.

2. All proceedings shall be instituted by filing an original notice of appeal with the District Agency Clerk within 30 days after the rendition of the order being appealed, and a copy of the notice of appeal, accompanied by any filing fees prescribed by law, with the clerk of the court, in accordance with Rules 9. 110 and 9.190 of the Florida

Rules of Appellate Procedure (Fla. R. App. P.). Pursuant to Fla. R. App. P. 9.020(h), an order is rendered when a signed written order is filed with the clerk of the lower tribunal.

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 19, 2022

Nancy Beniamen, Pinellas County 14 South Fort Harrison Avenue Clearwater, Florida 33756 nbeniamen@co.pinellas.fl.us

File No. 0410622-003-SFG, Pinellas County

Dear Ms. Beniamen:

On May 13, 2022, we received your notice of intent to use a General Permit (GP), pursuant to Rule 62- 331.240, Florida Administrative Code (F.A.C.), to directly impact approximately 0.22 acres of an isolated, nonjurisdictional bottomland forest (FLUCCS 631) and 0.01 acres of a jurisdictional ditch (FLUCCS 513), temporarily impact approximately 0.67 acres of jurisdictional bottomland forest (FLUCCS 631) by increasing the duration the system is at seasonal high elevations, and temporarily impact approximately 0.32 acres of a jurisdictional ditch (FLUCCS 514). These impacts are associated with the construction of a weir wall to provide drainage improvements to the existing stormwater management facility and to reduce flooding. The activities authorized by this permit are located north of the intersection of Starkey Road and 126th Avenue North, Largo, Parcel ID: 11-30-15-70524-100-3203, in Sections 11 and 12, Township 30 South, Range 15 East in Pinellas County.

Direct impacts to approximately 0.22 acres of bottomland forest (FLUCCS 631) and 0.01 acres of ditch (FLUCCS

514) have been reviewed and considered to have minimal or insignificant individual or cumulative adverse impacts on the water resources of the basin; therefore, the proposed activities have been determined to be de minimis in nature. Secondary and temporary impacts authorized by this permit are also considered to have minimal or insignificant individual or cumulative adverse impacts on the water resources of the basin; therefore, they have been determined to be de minimis in nature. No mitigation is required by the department.

Your intent to use a general permit has been reviewed by Department staff for State 404 Program authorization.

Your project qualifies for authorization. However, this letter does not relieve you from the responsibility of obtaining other federal, state, or local authorizations that may be required for the activity.

State 404 Program 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 62-331.240, F.A.C. Any activities performed under a general permit are subject to general conditions required in Rule 62-331.201, F.A.C., the conditions of Rule 62-331.240, F.A.C. (attached), and any specific conditions, below. Any deviations from these conditions may subject the permittee to enforcement action and possible penalties. Please read each section carefully.

Please be advised that the construction phase of the GP must be completed by December 22, 2025. State 404 Program permits cannot be extended or renewed.

www.FloridaDEP.gov http://www.floridadep.gov/ mailto:nbeniamen@co.pinellas.fl.us

File Name: Starkey Rd M10 Canal Retrofit File No: 0410622-003-SFG 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 0410622-003-SFG and shall be directed by e-mail to SW_ERP_CAP@floridadep.gov with a subject line of “Compliance: permit number 0410622-003-SFG”, 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.

5. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, 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 involving subsurface disturbance in the vicinity of the discovery.

The applicant shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section at (850)-245-6333. Project activities shall not resume without verbal and/or written authorization. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, Florida Statutes.

SPECIFIC CONDITIONS – PRIOR TO ANY CONSTRUCTION

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 State water quality standards (>29 NTU’s above background, pursuant to Rule 62-302, F.A.C.).

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.

mailto:SW_ERP_CAP@floridadep.gov mailto:FWCConservationPlanningServices@MyFWC.com

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 stabilized, and turbidity levels have fallen to less than 29 NTU's above background. 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. Grass seed, or sod shall be installed and maintained on exposed slopes and disturbed soil areas within 48 hours of completing final grade, and at other times as necessary, to prevent erosion, sedimentation or turbid discharges into waters of the state and/or adjacent wetlands. A vegetative cover that stabilizes and prevents erosion of the fill material shall be established within 60 days of sodding or seeding. Turbidity barriers/erosion control devices shall be removed upon establishment of a substantial vegetative cover.

10. 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.

11. Staked filter cloth shall be positioned at the edge of the permitted fill slopes adjacent to wetlands to prevent turbid run-off and erosion.

12. This permit does not authorize the installation of water, sewer, cable or utility lines within wetlands or waterbodies.

13. The limits of approved wetland impacts shall be clearly flagged or otherwise delineated on site prior to initial clearing or grading activities. The delineation shall endure throughout the construction period and be readily discernible to construction and Department personnel.

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

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

SPECIFIC CONDITIONS – CONSTRUCTION COMPLETION

16. The permittee shall submit one set of signed, dated and sealed as-built drawings to the Department via email at SW_ERP_CAP@dep.state.fl.us 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 mailto:SW_ERP_CAP@dep.state.fl.us 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.).

The following information shall be verified on the as-built drawings from the engineering drawings signed and sealed by Mark Ellard, P.E., #48073, Christopher Carver, P.E., #49460, Brian Barker, P.E., #56728, and Keith Giang, P.E., #49510 on May 2, 2022:

Plan View/ Cross Section Name Sheet Numbers Project Layout 4 M10 Canal Plan and Profile 5-6 Grading Plan 7-8 Cross Sections 11-14 Weir Wall Plan and Profile 15 Drainage Structure Details 17-19 Planting Plans 28-29 Surface Waters and Wetland Impacts 30 Water Quality Planting Plan 40-41

SPECIFIC CONDITIONS – OPERATION AND MAINTENANCE ACTIVITIES

17. Wetland buffers shall remain in an undisturbed condition except for approved drainage facility construction/maintenance.

Authority for review – Part IV of Chapter 373, Florida Statutes (F.S.), and Title 62, F.A.C.

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 subsequent order may modify or take a different position than this action.

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.