Attachment 4 - Permits for Seed Project.pdf

South Florida Water Management District Individual Environmental Resource Permit No. 11-102780-P

Date Issued: January 24, 2020

Permittee: Florida Department Of Transportation Florida Panther National Wildlife Refuge

Project:

FW-FLPA 419(1)

Application No. 190910-1776

Location: Collier County, See Exhibit 1

Your application for an Individual Environmental Resource Permit is approved. This action is taken based on Chapter 373, Part IV, of Florida Statutes (F.S.) and the rules in Chapter 62-330, Florida Administrative Code (F.A.C.). Unless otherwise stated, this permit constitutes certification of compliance with state water quality standards under section 401 of the Clean Water Act, 33 U.S.C. 1341, and a finding of consistency with the Florida Coastal Management Program. Please read this entire agency action thoroughly and understand its contents.

This permit is subject to:

Not receiving a filed request for a Chapter 120, F.S., administrative hearing.

The attached General Conditions for Environmental Resource Permits.

The attached Special Conditions.

All referenced Exhibits.

All documents are available online through the District's ePermitting site at www.sfwmd.gov/ePermitting.

If you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action.

Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights", we will assume that you concur with the District's action.

The District does not publish notices of action. If you wish to limit the time within which a person may request an administrative hearing regarding this action, you are 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. Legal requirements and instructions for publishing a notice of agency action, as well as a noticing format that can be used, are available upon request. If you publish a notice of agency action, please send a copy of the affidavit of publication provided by the newspaper to the District's West Palm Beach office for retention in this file.

If you have any questions regarding your permit or need any other information, please call us at 1-800-432-2045 or email ERP@sfwmd.gov.

Melissa Roberts, P.E.

Administrator, Environmental Resource Bureau

Permit No: 11-102780-P, Page 1 of 19 http://www.sfwmd.gov/ePermitting mailto:ERP@sfwmd.gov

Permittees:

Florida Department Of Transportation 801 North Broadway Avenue Bartow, FL 33801

Florida Panther National Wildlife Refuge 12085 State Route 29 South Immokalee, FL 34142

Permit No: 11-102780-P, Page 2 of 19

South Florida Water Management District Individual Environmental Resource Permit No. 11-102780-P

Date Issued: January 24, 2020 Expiration Date: January 24, 2025

Project Name: FW-FLPA 419(1)

Permittees: Florida Department Of Transportation 801 North Broadway Avenue Bartow, FL 33801

Florida Panther National Wildlife Refuge

Operating Entity: Florida Department Of Transportation 801 North Broadway Avenue Bartow, FL 33801

Location:

Collier County

Permit Acres:

42.00 acres

Project Land Use:

Government Or Institutional

Special Drainage District:

N/A

Water Body Classification:

CLASS III

FDEP Water Body ID:

3261C

Wetland and Surface Water Impacts:

0.03 acres

Conservation Easement to District:

No

Sovereign Submerged Lands: No

Project Summary This Environmental Resource Permit authorizes Construction and Operation of a stormwater management (SWM) system serving 0.89 acres of roadway known as FW-FLPA 419(1).

This project is for turn lanes from SR 29 onto Fritz Road, and roadway improvements on Fritz Road.

Issuance of this permit constitutes certification of compliance with state water quality standards in accordance with Rule 62-330.062, F.A.C.

Site Description The site is along SR 29, north of Interstate 75 in Collier County, previously permitted under Permit No. 11-03075-P, Application No. 090826-8.

For information on wetland and surface water impacts, please see the Wetlands and Other

Permit No: 11-102780-P, Page 3 of 19

Surface Water section of this permit.

Ownership, Operation and Maintenance Perpetual operation and maintenance of the stormwater management system for Fritz Road shall be the responsibility of Florida Panther National Wildlife Refuge. Operation and maintenance of the stormwater management system for SR 29 shall be the responsibility of Florida Department of Transportation. The permittee shall notify the Agency in writing within 30 days of any conveyance or division of ownership or control of the property or the system, and the new owner must request transfer of the permit in accordance with Rule 62-330.340, F.A.C.

Engineering Evaluation:

Water Quality Water quality treatment is provided in dry retention swales. The project provides 0.37 acre-feet of required water quality treatment volume based on 2.5 inches over the additional impervious areas.

Pursuant to Appendix E of Environmental Resource Permit Applicant's Handbook Volume II, the provided water quality treatment includes an additional 50% treatment volume above the requirements in Section 4.2 of Volume II as reasonable assurance that the project will not have an adverse impact on the downstream waterbody.

Discharge No offsite discharge is anticipated with this project.

Certification, Operation, and Maintenance Pursuant to Chapter 62-330.310, F.A.C., Individual Permits will not be converted from the construction phase to the operation phase until construction completion certification of the project is submitted to and accepted by the District. This includes compliance with all permit conditions, except for any long term maintenance and monitoring requirements. It is suggested that the permittee retain the services of an appropriate professional registered in the State of Florida for periodic observation of construction of the project.

For projects permitted with an operating entity that is different from the permittee, it should be noted that until the construction completion certification is accepted by the District and the permit is transferred to an acceptable operating entity pursuant to Sections 12.1-12.3 of the Applicant's Handbook Volume I and Section 62-330.310, F.A.C., the permittee is liable for operation and maintenance in compliance with the terms and conditions of this permit.

In accordance with Section 373.416(2), F.S., unless revoked or abandoned, all SWM systems and works permitted under Part IV of Chapter 373, F.S., must be operated and maintained in perpetuity.

The efficiency of SWM systems, dams, impoundments, and most other project components will decrease over time without periodic maintenance. The operation and maintenance entity must perform periodic inspections to identify if there are any deficiencies in structural integrity, degradation due to insufficient maintenance, or improper operation of projects that may endanger public health, safety, or welfare, or the water resources. If deficiencies are found, the operation and maintenance entity is responsible for correcting the deficiencies in a timely manner to prevent compromises to flood protection and water quality. See Section 12.4 of the Applicant's Handbook Volume I for Minimum Operation and Maintenance Standards.

Permit No: 11-102780-P, Page 4 of 19

Engineering Evaluation Tables:

Land Use

Basin Land Type

Area (ac) % of Total

Basin

Turn Lane & Road improvement Impervious 0.89 100.00

Total: 0.89 100%

Water Quality

Basin Treatment

Type Treatment

System

Volume Required

(ac-ft)

Volume Provided

(ac-ft)

Turn Lane & Road improvement Treatment DRY RETENTION 0.37 0.36

Permit No: 11-102780-P, Page 5 of 19

Environmental Evaluation:

Wetlands and Other Surface Waters The permitted site contains wetlands totaling 42 acres. Please see Exhibit 3.0 for wetland locations. The wetlands can generally be described as cypress wetland, hydric pine savanna, wetland scrub and vegetated non-forested wetlands. Additional wetland descriptions are available in the ePermitting file. The project will result in 0.03 acres of direct wetland impacts and 0.37 acres of secondary wetland impacts as described in the table below. The direct and secondary impacts associated with this project are a result of the unavoidable areas of impact along Fritz road for the safety improvements (turn lanes and pull-offs). Exhibit 3.1 identifies the locations of the wetlands being impacted.

The proposed project has been designed to avoid and minimize wetland and other surface water impacts to the greatest extent possible while maintaining the integrity of the project. The project is a road safety improvement project to improve the safety of access to the Florida Panther National Wildlife Refuge Headquarters Office from State Road 29.

To mitigate for the minimal wetland impacts, the Florida Panther Refuge proposes to hydrologically enhance up to 86.5 acres of on-site and adjacent wetlands, as depicted in Exhibits

3.3. The amount of required mitigation was determined using the Uniform Mitigation Assessment Method in Chapter 62-345, F.A.C.. The on-site mitigation will provide an overall 1.095 acre functional lift, therefore, off-setting the 0.175 functional units lost for the on-site direct and secondary wetland impacts. The on-site wetlands will be preserved in perpetuity as part of the Florida Panther National Wildlife Refuge. The final scores can be found in the ePermitting file.

The proposed on-site mitigation is located within the same basin as the impacts, therefore pursuant to Section 10.2.8 of Volume I, the project will not result in unacceptable cumulative impacts to the West Collier Drainage Basin.

Mitigation Plan The proposed wetland mitigation and monitoring plan can be found in its entirety in Exhibit 3.2.

On-site mitigation is expected to result in ecological benefits across approximately 86.5 acres of palustrine wetlands, see Exhibit 3.3 for a map of this area. However, the 42 acres of permit area will be considered the mitigation area, and the focus of the monitoring is a 5.4 acre subset of this area (See Exhibit 3.2). Currently, sheet flow drainage from the north is impeded by the abandoned, raised roadbed to the north of Fritz Road and by Fritz Road itself. Installation of two culverts under Fritz Road and the removal of the approximate 80 feet of abandoned roadbed will significantly improve sheet flow from north to south, re-establishing a more natural sheet flow to the surrounding wetlands.

The hydrological recovery monitoring of the site will consist of monitoring the surface and groundwater conditions via the installation of two monitoring well stations. These stations will capture water level readings in a continuous recording. The recorders will be placed near Fritz Road to assess water flow and water levels just south of the road removal zone and water levels south of Fritz Road. In addition to groundwater monitoring, staff will install a rain gauge data logger on-site in order to correlate groundwater levels with precipitation. This rain gauge system will allow staff to record rainfall, time and duration data. Furthermore, due to the amount of fill that will be removed for the project, it is anticipated that a wetland community will be restored to the area of the site where the old roadbed will be removed. To assess the vegetation recruitment in this area, a single photographic transect line will be established for monitoring that will contain three photopoints. These monitoring efforts will continue for a five year period, with annual reports submitted to the District for review. The reports will include hydrographic comparisons over time and representative photographic documentation.

Fish, Wildlife, and Listed Species A Listed Species Survey was conducted in February of 2019. The onsite and adjacent

Permit No: 11-102780-P, Page 6 of 19 wetlands provide habitat for wetland-dependent species including the Florida panther, Big Cypress fox squirrel, Everglades snail kite, Florida bonneted bat and various state listed wading birds.

Construction activities along Fritz Road may temporarily disrupt scavenging/foraging activities of wetland-dependent species, however, birds can easily avoid the construction area. The proposed mitigation will improve habitat for wetland-dependent and aquatic species by enhancing the hydrology of up to 86.5 acres of adjacent refuge preserve area. No aquatic or wetland-dependent listed species or species having special protection were observed to be using the uplands within the project for nesting or denning.

This permit does not relieve the applicant from complying with all applicable rules and any other agencies' requirements if, in the future, endangered or threatened species or species of special concern are discovered on the site.

Permit No: 11-102780-P, Page 7 of 19

Environmental Evaluation Tables:

Summary

Wetlands and Other Surface Waters: 42 acres Direct Impacts: 0.03 acres Secondary impacts: 0.37 acres Net UMAM Functional Loss/ Gain: 0.92 units Total Onsite Mitigation Area: 41.6 acres Total Offsite Mitigation Area: 0 acres Mitigation Provided in Permit No.:

Total Mitigation Bank Credits Provided

Mitigation Bank Type Total Credits Total: 0

Wetland Impacts and Preservation

Activities in Wetlands or Other Surface Waters, Not Including Mitigation at a Bank ID Acres Action Community Description Current Score With Project Score UMAM Loss 1 0.03 Direct Impact Wetland Forested Mixed 0.9 0 -0.027 2 0.37 Secondary Impact Wetland Forested Mixed 0.9 0.5 -0.148 Total: 0.4 -0.175

UMAM Mitigation and Preservation

ID Acres Action Existing Community Description

Proposed Community Description

Current or Without Preserve Score

With Project Score

Time Lag Years.

Risk P.

A.

F.

UMAM

Gain

1 41.6 Preservation Wetland Forested Mixed

Wetland Forested Mixed

0.9 0.93 5 1 1.0 1.095

Total: 41.6 1.095

Permit No: 11-102780-P, Page 8 of 19

Related Concerns:

Water Use Permit Status The applicant has indicated that a source for irrigation water is not required for the project.

The applicant has indicated that dewatering is not required for construction of this project.

This permit does not release the permittee from obtaining all necessary Water Use authorization(s) prior to the commencement of activities which will require such authorization, including construction dewatering and irrigation.

Historical/ Archeological Resources The District has received correspondence from the Florida Department of State, Division of Historical Resources, dated October 1, 2019, indicating that they concur with the findings of the archaeological impact assessment for the project and that the project is unlikely to have an effect upon archaeological or historical resources.

This permit does not release the permittee from complying with any other agencies requirements in the event that historical and/or archaeological resources are found on the site.

Permit No: 11-102780-P, Page 9 of 19

General Conditions for Individual Environmental Resource Permits, 62-330.350, F.A.C.

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.

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), (http://www.flrules.org/Gateway/reference.asp?No=Ref-02505), incorporated by reference herein, 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., and shall be submitted electronically or by mail to the Agency. 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.

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 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

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

c. 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

Permit No: 11-102780-P, Page 10 of 19 applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.4 of Volume I) as filed with the Florida 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 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.

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.

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 prehistoric or historic artifacts, such as pottery or ceramics, projectile points, stone tools, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the vicinity of the discovery. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance Review Section (DHR), at (850)245-6333, as well as the appropriate permitting agency office. Project activities shall not resume without verbal or written authorization from

Permit No: 11-102780-P, Page 11 of 19 the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and the proper authorities notified in accordance with section 872.05, F.S. For project activities subject to prior consultation with the DHR and as an alternative to the above requirements, the permittee may follow procedures for unanticipated discoveries as set forth within a cultural resources assessment survey determined complete and sufficient by DHR and included as a specific permit condition herein.

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 Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property.

Permit No: 11-102780-P, Page 12 of 19

Special Conditions for Individual Environmental Resource Permits, 62-330.350, F.A.C.

1. The construction authorization for this permit shall expire on the date shown on page 3.

2.Operation and maintenance of the stormwater management system for the site shall be the responsibility of the Florida Panther National Wildlife Refuge and the Florida Department of Transportation, respectively, for the areas owned by each entity. The mitigation area is the perpetual responsibility of the Florida Panther National Wildlife Refuge. The permittees shall notify the Agency in writing within 30 days of any conveyance or division of ownership or control of the property or the system, and the new owner must request transfer of the permit in accordance with Rule 62-330.340, F.A.C.

3.Prior to any future construction, the permittee shall apply for and receive an Individual ERP. As part of the permit application, the applicant for that phase shall provide documentation verifying that the proposed construction is consistent with the design of the master stormwater management system, including the land use and site grading assumptions.

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.Prior to initiating construction activities associated with this Environmental Resource Permit (ERP), the permittee is required to hold a pre-construction meeting with field representatives, consultants, contractors, District Environmental Resource Bureau (ERB) staff, and any other local government entities as necessary. The purpose of the pre-construction meeting is to discuss construction methods, sequencing, best management practices, identify work areas, staking and roping of preserves where applicable, and to facilitate coordination and assistance amongst relevant parties. To schedule a pre-construction meeting, please contact ERB staff from the Fort Myers Service Center at (239) 338-2929 or via e-mail at: pre-con@sfwmd.gov. When sending a request for a pre-construction meeting, please include the application number, permit number, and contact name and phone number.

6.Endangered species, threatened species and/or species of special concern have been observed onsite and/or the project contains suitable habitat for these species. It shall be the permittee's responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and/or the U.S. Fish and Wildlife Service for appropriate guidance, recommendations and/or necessary permits to avoid impacts to listed species.

7.The mitigation area assessed for this project is 41.6 acres within the Florida Panther National Wildlife Refuge, which more than offsets the proposed wetland functional loss for direct and secondary wetland impacts.

The monitoring plan will focus on a 5.4 acre area within the refuge, to demonstrate compliance with the hydrologic improvement to the adjacent wetlands.

Permit No: 11-102780-P, Page 13 of 19

8.The District reserves the right to require remedial measures to be taken by the permittee if monitoring or other information demonstrates that adverse impacts to onsite or offsite wetlands, upland conservation areas or buffers, or other surface waters have occurred due to project related activities.

9.A hydrologic wetland mitigation and monitoring program shall be implemented for the 42 acres of on-site wetlands within the permit area for this project within the Florida Panther National Wildlfie Refuge . For compliance purposes, 5.4 acres will be monitored within the permit area in accordance with Exhibit 3.2. The monitoring report shall extend for a period of 5 years with annual reports submitted to District staff.

10.Prior to construction, and in accordance with the work schedule herein, a baseline monitoring report shall be submitted as described in Exhibit 3.2.

11.Best management practices shall be utilized during construction to ensure that no adverse water quality impacts occur to adjacent wetlands and downstream waterbodies. Adjacent preserve areas shall be staked and roped and District environmental staff notified for inspection prior to clearing.

12.Activities associated with the implementation of the mitigation, monitoring and maintenance plan(s) shall be completed in accordance with the work schedule included herein. Any deviation from these time frames must be coordinated with the District's Environmental Resource Compliance staff, and may require a minor modification to this permit. Such requests must be made in writing and shall include (1) reason for the change, (2) proposed start/finish and/or completion dates; and (3) progress report on the status of the project development or mitigation effort.

13.A time zero monitoring report shall be conducted in accordance with Exhibit No. 3.2 for all restored wetlands. The plan shall include a survey of the areal extent, acreage and cross-sectional elevations of the created/restored areas and panoramic photographs for each habitat type. The report shall also include a description of planted species, sizes, total number and densities of each plant species within each habitat type as well as mulching methodology.

Permit No: 11-102780-P, Page 14 of 19

Project Work Schedule for Permit No. 11-102780-P

The following activities are requirements of this Permit and shall be completed in accordance with the Project Work Schedule below. Please refer to both General and Special Conditions for more information.

Any deviation from these time frames will require prior approval from the District’s Environmental Resources Bureau and may require a minor modification to this permit. Such requests must be made in writing and shall include: (1) reason for the change, (2) proposed start/finish and/or completion dates, and

(3) progress report on the status of the project.

Condition No.

Date Added

Description Due Date Date Satisfied

GC 4 01/24/2020 Construction Commencement Notice 48 hours prior to Construction

GC 6 01/24/2020 Submit Certification 30 Days After Construction Completion

GC 7 01/24/2020

Submit Operation Entity Documentation

Within 30 days of Certification

SC 5 01/24/2020 Pre-Construction Meeting Prior to Construction

SC 9 01/24/2020

Submit Monitoring Reports for Preserved Wetlands 1

Within one year from Time Zero Report and then Annually for 5 years

SC 9

Submit Monitoring Reports for Preserved Wetlands 2

1 year after previous submission

SC 9

Submit Monitoring Reports for Preserved Wetlands 3

1 year after previous submission

SC 9

Submit Monitoring Reports for Preserved Wetlands 4

1 year after previous submission

SC 9

Submit Monitoring Reports for Preserved Wetlands 5

1 year after previous submission

SC 10 01/24/2020 Submit Baseline Monitoring Report Within 30 days of Construction Commencement

SC 14 01/24/2020 Submit Time Zero Report 30 Days After Mitigation Construction Completion

GC = General Condition

SC = Special Condition

Permit No: 11-102780-P, Page 15 of 19

Distribution List

Kevin Rose, Federal Highway Administration EFLHD

Audubon of Florida - Charles Lee

Div of Recreation and Park - District 4

US Army Corps of Engineers - Permit Section

Permit No: 11-102780-P, Page 16 of 19

Exhibits

The following exhibits to this permit are incorporated by reference. The exhibits can be viewed by clicking on the links below or by visiting the District's ePermitting website at http://my.sfwmd.gov/ePermitting and searching under this application number 190910-1776 .

Exhibit No. 1.0 Location Map

Exhibit No. 2.0 Plans

Exhibit 3.0 - FLUCFCS Map

Exhibit 3.1 - Wetland Impact Map

Exhibit 3.2 - Mitigation and Monitoring Plan

Exhibit 3.3 - Mitigation Area Map

Permit No: 11-102780-P, Page 17 of 19 http://my.sfwmd.gov/ePermitting https://api.sfwmd.gov/v1/service/cms/documents/0900eeea8c58eb2e/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea8c58b757/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea8c585cbe/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea8c585cbf/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea8c585cbc/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea8c585cbd/content

NOTICE OF RIGHTS

As required by Chapter 120, Florida Statutes, the following provides notice of the opportunities which may be available for administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes, or judicial review pursuant to Section 120.68, Florida Statutes, when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Some of the legal proceedings detailed below may not be applicable or appropriate for your situation. You may wish to consult an attorney regarding your legal rights.

RIGHT TO REQUEST ADMINISTRATIVE HEARING

A person whose substantial interests are or may be affected by the South Florida Water Management District’s (District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Florida Statutes. Persons seeking a hearing on a District decision which affects or may affect their substantial interests shall file a petition for hearing in accordance with the filing instructions set forth herein within 21 days of receipt of written notice of the decision unless one of the following shorter time periods apply: (1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Florida Statutes; or (2) within 14 days of service of an Administrative Order pursuant to Section 373.119(1), Florida Statutes. "Receipt of written notice of agency decision" means receipt of written notice through mail, electronic mail, posting, or publication that the District has taken or intends to take final agency action. Any person who receives written notice of a District decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision.

If the District takes final agency action that materially differs from the noticed intended agency decision, persons who may be substantially affected shall, unless otherwise provided by law, have an additional point of entry pursuant to Rule 28-106.111, Florida Administrative Code.

Any person to whom an emergency order is directed pursuant to Section 373.119(2), Florida Statutes, shall comply therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible.

A person may file a request for an extension of time for filing a petition. The District may grant the request for good cause. Requests for extension of time must be filed with the District prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and whether the District and any other parties agree to or oppose the extension. A timely request for an extension of time shall toll the running of the time period for filing a petition until the request is acted upon.

FILING INSTRUCTIONS

A petition for administrative hearing must be filed with the Office of the District Clerk. Filings with the Office of the District Clerk may be made by mail, hand-delivery, or e-mail. Filings by facsimile will not be accepted. A petition for administrative hearing or other document is deemed filed upon receipt during normal business hours by the Office of the District Clerk at the District’s headquarters in West Palm Beach, Florida. The District’s normal business hours are 8:00 a.m. – 5:00 p.m., excluding weekends and District holidays. Any document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the next regular business day.

Rev. 1/16/20 1

Permit No: 11-102780-P, Page 18 of 19

Additional filing instructions are as follows:

Filings by mail must be addressed to the Office of the District Clerk, 3301 Gun Club Road, West Palm Beach, Florida 33406.

Rev. 1/16/20 .

Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the District's security desk does not constitute filing. It will be necessary to request that the District's security officer contact the Office of the District Clerk. An employee of the District's Clerk's office will receive and process the petition.

Filings by e-mail must be transmitted to the Office of the District Clerk at clerk@sfwmd.gov.

The filing date for a document transmitted by electronic mail shall be the date the Office of the District Clerk receives the complete document.

INITIATION OF ADMINISTRATIVE HEARING

Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Rules 28-106.201 and 28106.301, Florida Administrative Code, initiation of an administrative hearing shall be made by written petition to the District in legible form and on 8 1/2 by 11 inch white paper. All petitions shall contain:

Identification of the action being contested, including the permit number, application number,1.

District file number or any other District identification number, if known.

The name, address, any email address, any facsimile number, and telephone number of the2.

petitioner, petitioner’s attorney or qualified representative, if any.

An explanation of how the petitioner’s substantial interests will be affected by the agency3.

determination.

A statement of when and how the petitioner received notice of the District’s decision.4.

A statement of all disputed issues of material fact. If there are none, the petition must so5.

indicate.

A concise statement of the ultimate facts alleged, including the specific facts the petitioner6.

contends warrant reversal or modification of the District’s proposed action.

A statement of the specific rules or statutes the petitioner contends require reversal or7.

modification of the District’s proposed action.

If disputed issues of material fact exist, the statement must also include an explanation of how8.

the alleged facts relate to the specific rules or statutes.

A statement of the relief sought by the petitioner, stating precisely the action the petitioner9.

wishes the District to take with respect to the District’s proposed action.

MEDIATION

The procedures for pursuing mediation are set forth in Section 120.573, Florida Statutes, and Rules 28106.111 and 28-106.401–.405, Florida Administrative Code. The District is not proposing mediation for this agency action under Section 120.573, Florida Statutes, at this time.

RIGHT TO SEEK JUDICIAL REVIEW

Pursuant to Section 120.68, Florida Statutes, and in accordance with Florida Rule of Appellate Procedure 9.110, a party who is adversely affected by final District action may seek judicial review of the District's final decision by filing a notice of appeal with the Office of the District Clerk in accordance with the filing instructions set forth herein within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice with the appropriate district court of appeals via the Florida Courts E-Filing Portal.

Rev. 1/16/20 2

Permit No: 11-102780-P, Page 19 of 19

Receipt for Submission

For:

Kevin Rose

Facility ID: FLR10TF87 Facility Address: 12085 State Road 29 S Immokalee, FL 34142 5703

- Generic Permit for Stormwater Discharge Construction Activities (CGP) COUNTY: Collier

The department acknowledges receipt of your Notice of Intent (NOI) use NPDES Generic Permit for Stormwater Discharge from Large and Small Construction Activities (CGP). The Acknowledgement Letter, a copy of your NOI and the Generic Permit are attached. Please note that within 14 calendar days after your site has achieved final stabilization and all discharges authorized by this permit are eliminated or are authorized under a separate NPDES permit, you must submit a completed Notice of Termination (NOT). For your convenience, a blank form has been attached.

For sites discharging to an MS4, the Operator must send a copy of the NOI or the Acknowledgement Letter within 7 calendar days of receipt to the operator of the MS4. If you have any questions concerning this e-mail, please contact the NPDES Stormwater Notices Center at (866) 336-6312 or NPDES-stormwater@dep.state.fl.us.

Attachments: Notice of Intent - CGP, Acknowledgement Letter, Construction Generic Permit Rule

From: no-reply@dep.state.fl.us To: Rose, Kevin (FHWA) Cc: NPDES-stormwater@dep.state.fl.us; Rose, Kevin (FHWA); Hansen, Christopher (FHWA) Subject: CGP Notice of Intent Submission Date: Wednesday, December 18, 2019 9:51:37 AM Attachments: ATT00001.bin

0cf5f4b1f74ea319acd34f27edc234.pdf 9832b1ca254febaff3beb2686978b51.pdf ConstructionGPRule_1_01.pdf

DEP Logo FLORIDA DEPARTMENT OF Environmental Protection

Bob Martinez Center 2600 Blair Stone Road

Tallahassee, Florida 32399-2400

Ron DeSantis Governor

Jeanette Nuñez Lt. Governor

Noah Valenstein Secretary mailto:NPDES-stormwater@dep.state.fl.us mailto:NPDES-stormwater@dep.state.fl.us mailto:no-reply@dep.state.fl.us mailto:Kevin.Rose@dot.gov mailto:NPDES-stormwater@dep.state.fl.us mailto:Kevin.Rose@dot.gov mailto:christopher.hansen@dot.gov http://survey.dep.state.fl.us/?refemail= e:

me (if different than “Operator”), if applicable:

: ss s:

NOTICE OF INTENT

TO USE

NPDES GENERIC PERMIT FOR STORMWATER

DISCHARGE FROM LARGE AND SMALL

CONSTRUCTION ACTIVITIES

(RULE 62-621.300(4), F.A.C.)

You must submit this completed Notice of Intent (NOI) form to the Department to get coverage under the Generic Permit for Stormwater Discharge from Large and Small Construction Activities provided in subsection 62-621.300(4), F.A.C. The Generic Permit document [DEP Document 62-621.300(4)(a)] tells you what construction activity qualifies for coverage, how you obtain and terminate coverage, what you must do to minimize pollution from your construction site, and what conditions apply to your project to use the generic permit. You must submit the appropriate generic permit fee, as specified in paragraph 62-4.050(4)(d), F.A.C., with this NOI Form to obtain permit coverage. You must read and understand the requirements of the generic permit document and the attached instructions before completing this NOI form. Please print or type information in the appropriate areas below.

For construction activities also requiring an Individual Environmental Resource Permit (ERP), under Chapter 62 330, F.A.C.:

If your construction activities are already authorized by a valid Individual ERP issued by the Department, Water Management District or a Delegated Local Government, you may also elect to use this NOI form to provide the required notice of commencement of construction, in lieu of Form 62-330.350(1) (“Construction Commencement Notice”).

Do you wish to also provide notice of commencement of construction activities authorized under an Individual ERP permit through the use of this form? Yes No

I. IDENTIFICATION NUMBER:

A. Facility ID (if renewing coverage): _____________________________________________ B. ERP Permit Number* (if applicable): ___________________________________________ C. ERP Permitting Agency (if applicable): _________________________________________

*If the ERP permit authorizes phased construction, please also indicate which phase.

II. STORMWATER POLLUTION PREVENTION PLAN (SWPPP) DEVELOPED AND READY TO BE

IMPLEMENTED: Yes No *If No, you may not submit your NOI at this time.

III. APPLICANT INFORMATION:

A. Operator Nam

* ERP Permittee Na B. Operator Statu

C. Addre

D. City E. State eF. Zip Cod

G. Responsible Authority

DEP Form 62-621.300(4)(b) Effective Date: 02/2015

Kevin Rose

Immokalee

F

FL

34142 5703

FLR10TF87-001

12085 State Road 29 S y: ′ ″ y: te : e:

J. Project Contact:

K. Project Contact’s Phone No .:

L. Project Contact’s Fax No. :

M. Project Contact’s E-mail Address :

N. Additional E-mail correspondence, optiona l:

t:

e: ° ′ ″

A O s:

t y:

te: C te : G :

H. Responsible Authority’s Phone No

I. Responsible Authority’s Fax No

J. Responsible Authority’s E-mail Address

IV. PROJECT/SITE LOCATION INFORMATION:

A. Project Name:

B. Project Address/Location

C. Cit D. Sta E. Zip Cod

F. Count G. Latitude: ° Longitud

H. Is the site located on Indian Country Lands? Yes o N I. Water Management Distric

V. PROJECT/SITE ACTIVITY INFORMATION:

A. Indicate whether the project is Large or Small Construction (check only one):

Large Construction (Project will disturb 5 or more acres of land, Fee $400)

Small Construction (Project will disturb between 1 and 4.99 acres of land, Fee $250)

B. Approximate total area of land disturbance from commencement through completion of construction: _________ acres

C. SWPPP Location: ddress in Part III above Address in Part IV above ther address (specify below)

D. SWPPP Addres

E. Ci F. Sta . Zip Code

H. Construction Period: Start Da ompletion Date

VI. DEWATERING INFORMATION:

Yes A. Will dewatering operations be performed as part of the construction activities?

below. If no, skip this part and go to Part VII.

No If yes, complete

B. Is the project site currently identified as contaminated, or is there a site within 500 feet of the dewatering project identified as contaminated by a DEP or EPA cleanup/restoration program? You may use the Quick Link to DEP’s Contamination Locator Map (CLM) and DEP’s Institutional Controls Registry (ICR) Web Viewer to determine cleanup restoration status. You may access the CLM at: http://webapps.dep.state.fl.us/DepClnup/welcome.do or

(571) 434-1541

-81 christopher.hansen@dot.gov

06/01/2020

SFWMD

FL

45.72

(571) 434-1577

11/20/2021

13.31

3.75

Collier

Immokalee

34142 5703 kevin.rose@dot.gov

(571) 434-1541 kevin.rose@dot.gov

C. H e:

http://ca.dep.state.fl.us/mapdirect/?focus=contamlocator. The ICR may be accessed at:

http://www.dep.state.fl.us/waste/categories/brownfields/pages/ICR.htm, or http://ca.dep.state.fl.us/mapdirect/?focus=icr

YES Continue to VI.C, below.

NO Continue to Part VII.

as the site been remediated?

YES Continue to Part VII.

NO Continue to VI.D, below.

D.

con cov Rul

Are the pollutants of concern (i.e. contamination) present in ground water at the dewatering project site at centrations equal to or exceeding the surface water criteria in Rule 62-302.530?

YES Dewatering activities do not qualify for coverage under this generic permit. However, the site may qualify for erage under Rule 62-621.300(1), F.A.C., or under an individual wastewater permit on the appropriate form listed in e 62-620.910, F.A.C.

NO Continue to Part VII.

VII. DISCHARGE INFORMATION:

A. MS4 Operator Name (if applicable

B. Receiving Water Nam

VIII.CERTIFICATION1:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

If providing notice of commencement of construction as required by an Individual Environmental Resource Permit, I also certify that I am authorized by the Permittee (identified in Part III.A., above), to commence construction activities authorized by the ERP Permit (identified in Part I.B., above).

Responsible Authority Name and Official Title (Type or Print):

Responsible Authority Signature: Date Signed:

1 Signatory requirements are contained in Rule 62-620.305, F.A.C.

BARRON RIVER CANAL

Kevin Rose, Enviornmental Team Leader

December 18, 2019

INSTRUCTIONS – DEP FORM 62-621.300(4)(b)

NOTICE OF INTENT (NOI) TO USE GENERIC PERMIT FOR STORMWATER DISCHARGE FROM LARGE

AND SMALL CONSTRUCTION ACTIVITIES

Who Must File an NOI:

You must file the NOI and obtain coverage under the Construction Generic Permit if you discharge stormwater associated with large or small construction activities to surface waters of the State, including through a Municipal Separate Storm Sewer System (MS4), http://www.dep.state.fl.us/water/stormwater/npdes/docs/all_ms4_by_county.pdf.

Where to File NOI:

The Department encourages the electronic submission of NOIs using the Department’s Interactive Notice of Intent (iNOI) available at http://www.fldepportal.com/go/. NOIs also may be submitted by paper copy to the following address:

NPDES Stormwater Notices Center, MS #3585 Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee,…