Exhibit_J_-_DEP_Permit_-Tomoka_Rd_LF_Entrance_Imp_161100-011-EI_-_27-B-09CW.pdf
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- Solicitation number
- 27-B-09CW
- Issued by
- Volusia County, Florida
About this file
This is a Department of Environmental Protection (DEP) permit document related to the Tomoka Landfill Roadway Improvement and Scale Addition project in Florida. The permit authorizes improvements to the landfill access road, construction of an additional scale facility with bypass lane, and pavement work on the perimeter road. The document establishes the environmental and regulatory framework governing the project's implementation, including compliance requirements and conditions necessary for the landfill facility modifications. The permit outlines the scope of work for roadway construction improvements and associated infrastructure additions required to enhance site access and operational capacity.
The permit specifies environmental protection measures, regulatory compliance standards, and conditions that must be satisfied during project execution. It establishes the requirements that the contractor and project stakeholders must adhere to throughout the construction and implementation phases of the Tomoka Landfill improvements. The document serves as the official authorization from the state environmental agency for the proposed roadway and scale facility enhancements at the landfill entrance.
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Permittee/Authorized Entity:
Volusia County Solid Waste Division (VCSWD) Regina Montgomery, Director RMontgomery@Volusia.org 1990 Tomoka Farms Road Port Orange, Florida 32128
Tomoka Farms Road Class III Landfill (Tomoka RD LF) Entrance Road Improvements
Authorized Agent:
SCS Engineers
Mike Radford, P.E., Senior Project Manager MRadford@SCSEngineers.com 258 Southhall Lane, Suite 310
Orlando, Florida 32751
Environmental Resource Permit – Individual
State-Owned Submerged Lands Authorization – Not on State Lands
U.S. Army Corps of Engineers – Not Included
Files For Permit No.: 161100-011-EI Oculus Facility-Site ID Search: ERP_161100
Permit Issuance Date: November 20, 2025 Permit Construction Expiration Date: November 20, 2030
FLORIDA DEPARTMENT OF
Environmental Protection
CENTRAL DISTRICT OFFICE
3319 MAGUIRE BLVD., SUITE 232
ORLANDO, FLORIDA 32803
Ron DeSantis Governor
Jay Collins
Lt. Governor
Alexis A. Lambert Secretary
FLORIDA DEPARTMENT OF
Environmental Protection
CENTRAL DISTRICT OFFICE
3319 MAGUIRE BLVD., SUITE 232
ORLANDO, FLORIDA 32803
Ron DeSantis Governor
Jay Collins
Lt. Governor
Alexis A. Lambert Secretary
Environmental Resource Permit Permittee: VCSWD
Attention: Regina Montgomery Permit No.: 161100-011-EI
PROJECT LOCATION
Tomoka RD LF is located southwest of I-95 and I-4 intersection, in Sections 3, 4, 9, 10, 11, 15 and 16, Township 16 South, Range 32 East, at 1990 Tomoka Farms Road, Port Orange, Volusia County, Florida 32128. The parcel identification numbers are 621100000020, 620900000020, 620300000025, 620400000036, 620900000010, 621000000020, 621500000020 and 621600000020. Tomoka RD LF is approximately centered at Latitude 290 7’ 42.4362”, Longitude -810 5’ 37.8099.”
PROJECT DESCRIPTION
The permittee is proposing to widen and repave the existing roadway landfill entrance to facilitate the turning radius of large trucks. The runoff generated by the improvements is proposed to be routed to, and treated by, the existing wet detention pond, permitted under 161100-008-EI. The weir elevation is proposed to be raised from 23.80 to 24.50 feet, for both existing control structures within the wet pond, to treat and attenuate the runoff from the existing and improve drainage basin areas within Tomoka RD LF.
AUTHORIZATIONS
The permittee is authorized to modify the wet detention pond control structures elevation as described herein and depicted on the attached Exhibits.
There are no wetland, surface waters nor floodplain impacts proposed.
PERMITTING HISTORY
161100-010-SFI is a state 404 individual permit that authorized the expansion of the landfill.
The wetland and surface water impacts proposed were 23.2 acres which includes 18.14 acres of direct impacts and 5.06 acres of secondary impacts. To offset unavoidable impacts that will occur from these authorized activities, the permittee shall purchase 10.32 wetland federal credits from Port Orange Mitigation Bank. These mitigation activities shall fully offset a functional loss of 10.32 units as determined by the Wetland Rapid Assessment Procedure.
The permit was issued on June 12, 2023, with an expiration date of June 12, 2028.
161100-009-EI is an individual permit that authorized to route the runoff from the proposed improvements, within the landfill, to the existing stormwater management system for treatment and attenuation. As part of this expansion, it has been determined that the wetland impacts proposed will have a Uniform Mitigation Assessment Method (UMAM) functional loss of 9.51 units. In order to mitigate for total wetland functional loss of 9.51 units, the applicant proposed a total conservation area of 478.65 acres, resulting in a UMAM functional gain of 11.45 units. The permit was issued on December 9, 2022, with an expiration date of December 9, 2027.
Permittee: VCSWD Permit Expiration: November 20, 2030 Permit No: 161100-011-EI
161100-008-EI is an individual permit that authorized the expansion to an existing wet detention pond that is treating and attenuating the stormwater runoff from the recycling and white goods basin area within the Tomoka Farms Road Landfill. Such wet detention pond was proposed to be expanded to capture, treat and attenuate the stormwater runoff from the existing Class III Landfill that is currently discharging into the adjacent wetlands. No new impervious surface areas were proposed. The existing wet detention pond was originally permitted under 138858-001-SI and then modified under 191869-001-EM. The expansion to the existing wet detention pond proposed 0.78 acres of direct isolated wetland impacts with no secondary wetland impacts. The permittee proposed to reserved 0.52 acres of Freshwater Forested Mitigation Credits from the Farmton Mitigation Bank, Basin 17, issued under St.
Johns River Water Management District Permit No. 4-127-76185-5, to offset the unavoidable wetland impacts associated with the expansion of the wet detention pond. The permit was issued on December 16, 2019 with an expiration date of December 16, 2024.
161100-007-EM is a permit modification that authorized Borrow Pit # D to operate as a wet detention pond. The existing pumping system from Borrow Pit # D was proposed to be replaced with a stormwater gravity control structure; and the east perimeter channel was proposed to be replaced with an underground pipe network to route the stormwater runoff from the North Cell Area 4 to Borrow Pit # D, converted to a wet detention pond within this authorization. No wetlands, surface waters nor floodplain impacts were authorized. The permit modification was issued on July 5, 2018, with an expiration date of October 29, 2019.
161100-006-EI is a permit application received by the Department on February 14, 2017, to expand the existing landfill stormwater management system to capture, treat and attenuate the stormwater runoff associated with the landfill southeast expansion. A permit was not issued, and the application was withdrawn on November 13, 2018.
161100-005-EM is the permit modification that authorized to route the runoff from the proposed landfill citizen’s convenience facility to the existing wet detention area for treatment and attenuation. No wetlands, surface waters nor floodplain impacts were authorized. The permit was issued on October 30, 2014, with an expiration date of October 29, 2019.
161100-004-EM is the permit modification that authorized the construction of a dry retention pond to capture, treat and attenuate the stormwater runoff from a vehicle maintenance building within the landfill. No wetlands, surface waters nor floodplain impacts were authorized. The permit was issued on January 27, 2010, with an expiration date of January 27, 2015.
161100-003-EM is the permit modification that authorized the construction of an underground effluent main extension line from the leachate facility to the spray field. In addition, six monitoring wells were proposed to be constructed within the adjacent wetland to the sprayfiled. The permit was issued on March 3, 2009, with an expiration date of October 9, 2013.
161100-002-EM is the permit modification that authorized the construction of the stormwater management system associated with the landfill leachate facility. The authorized stormwater management system consisted of a swale system that will convey the stormwater runoff from the leachate facility into the existing north borrow area for attenuation and treatment. No wetlands, surface waters nor floodplain impacts were authorized. The permit was issued on October 9, 2008, with an expiration date of October 9, 2013.
161100-001-SI is the permit that authorized the construction of two dry retention ponds to capture, treat and attenuate the stormwater runoff associated with the landfill scale house addition. No wetlands, surface waters nor floodplain impacts were authorized. The permit was issued on February 28, 2000, with an expiration date of February 28, 2005.
Environmental Resource Permit The Department has determined that the activity qualifies for an Environmental Resource Permit.
Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of Chapter 373, Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.).
Sovereignty Submerged Lands Authorization As staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), the Department has determined the activity is not on submerged lands owned by the State of Florida.
Therefore, your project is not subject to the requirements of Chapter 253, F.S., or Chapter 18-21, F.A.C.
Federal Authorization This permit does not include federal authorization or imply the presence or limits of Waters of the United States (WOTUS) on the subject property. Activities that may impact WOTUS shall require a separate permit from the Corps. It is recommended that you contact your local Corps office to determine whether your project site contains WOTUS and/or if a Department of the Army permit is needed. A map of local Corps offices and the federal application form (ENG 4345) are available online at the Jacksonville District Regulatory Division website.
Coastal Zone Management Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Zone Management Act.
Water Quality Certification This permit also constitutes a water quality certification under Section 401 of the Clean Water Act, 33 U.S.C. 1341.
Other Authorizations You are advised that authorizations or permits for this activity may be required by other federal, state, regional, or local entities including but not limited to local governments or municipalities. This permit does not relieve you from the requirements to obtain all other required permits or authorizations. (NOTE: If there are discharge points from the proposed stormwater management system, a National Pollutant Discharge Elimination System (NPDES) permit may be required.)
The activity described may be conducted only in accordance with the terms, conditions and attachments contained in this document. Issuance and granting of the permit and authorizations herein do not infer, nor guarantee, nor imply that future permits, authorizations, or modifications will be granted by the Department.
PERMIT CONDITIONS
The activities described herein must be conducted in accordance with:
The Specific Conditions The General Conditions The limits, conditions and locations of work shown in the attached drawings
The term limits of this authorization
You are advised to read and understand these conditions and drawings prior to beginning the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings herein. If you are using a contractor, the contractor also should read and understand these conditions and drawings prior to beginning any activity. Failure to comply with these conditions, including any mitigation requirements, shall be grounds for the Department to revoke the permit and authorization and to take appropriate enforcement action. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit, as described.
SPECIFIC CONDITIONS – PRIOR TO CONSTRUCTION
1. 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.” The construction commencement notice can be found on the following link: Form 62-330.350(1)
2. Best management practices for erosion control shall be implemented prior to construction commencement and shall always be maintained during construction to prevent siltation and turbid discharges in a manner that does not cause or contribute to violations of state water quality standards in accordance with 62-302, F.A.C.
3. Prior to construction, the limits of construction shall be clearly marked in a way which is visible and obvious to anyone performing work on-site, including someone operating heavy equipment. Orange construction fence or tall flagged stakes along the construction limits are possible methods.
4. Prior to initiation of any work authorized by this permit, all wetlands (if applicable), surface waters (if applicable), and stormwater conveyances, outside the specific limits of construction authorized by this permit shall be protected from erosion, siltation, sedimentation, and/or scouring, including the placement of staked erosion control devices around the project area and staging areas that are located outside of any authorized impact area.
SPECIFIC CONDITIONS – ADDITIONAL REGULATED ACTIVITIES
5. The permittee must obtain additional authorization from the Department prior to beginning construction and/or operation of any regulated activity described in 62-330.020, F.A.C not specifically authorized herein.
SPECIFIC CONDITIONS – DEWATERING
6. If dewatering is to occur at any time and discharge is to on-site or off-site surface waters of the State, either directly or via a stormwater management system, a generic permit in accordance with Rule 62-621.300, F.A.C., will be required prior to any dewatering.
7. If dewatering is to occur any time, the surface water pump(s), wells or facilities are capable of withdrawing 1 million gallons of water per day (MGD) or more, a water use permit in accordance with Rule 40C-2.041, F.A.C., may be required from the St Johns River Water Management District (SJRWMD) prior to beginning any dewatering.
SPECIFIC CONDITIONS – CONSTRUCTION ACTIVITIES
8. All storage or stockpiling of tools or materials (i.e. lumber, pilings, etc.) shall be limited to uplands or within the impact areas authorized by this project. Any and all construction debris shall be removed from wetlands/waters of the state within 14 days of completion of the work authorized by this permit.
9. The permittee shall report any damage to the Department within 24 hours that occurs to the wetlands not authorized for impacts under this permit. If any damage occurs to wetlands or surface waters as a result of any construction activities, the permittee shall be required to restore the wetland area by regrading the damaged areas back to the natural reconstruction elevations and planting vegetation of the size, densities and species that exist in the adjacent areas pursuant to a consent order. The restoration shall be completed within 30 days of completion of the construction and shall be done to the satisfaction of the Department.
10. There shall not be any excess lumber, scrap wood, trash, garbage, etc. within the wetlands and waters of the State.
11. Construction equipment shall not be repaired or refueled in wetlands or elsewhere within waters of the state.
12. Any fill material used shall be clean fill and free of vegetative matter, trash, garbage, toxic or hazardous waste or any other materials the Department considers unsuitable.
13. The fill and associated side slopes that will be placed on the property shall be stabilized with sod immediately (within 48 hours) following completion of the placement and compaction of the fill material.
14. 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.
15. Staked filter cloth shall be positioned at the edge of the permitted fill slopes adjacent to wetland to prevent turbid runoff and erosion.
16. 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.
SPECIFIC CONDITIONS – FLORIDA FISH AND WILDLIFE (FWC)
17. This permit does not authorize the permittee to cause any adverse impact to or “take” of state listed species and other regulated species of fish and wildlife. Compliance with state laws regulating the take of fish and wildlife is the responsibility of the owner or permittee associated with this project. Please refer to Chapter 68A-27 of the Florida Administrative Code for definitions of “take” and a list of fish and wildlife species. If listed species are observed onsite, Florida Fish and Wildlife Conservation Commission (FWC) staff are available to provide decision support information or assist in obtaining the appropriate FWC permits. Most marine endangered and threatened species are statutorily protected and a “take” permit cannot be issued. Requests for further information or review can be sent to ConservationPlanningServices@MyFWC.com.
18. If new information (e.g., listing of new species, new critical habitat, etc.) shows that the magnitude of impacts to federally listed species has the potential for adverse effects, the U.S.
Fish and Wildlife Service (USFWS) will notify the Department. The Department will initiate coordination with the permittee and with the USFWS to determine what adverse impacts are likely and if additional minimization measures, reporting, or monitoring are required in order to be consistent with the Endangered Species Act, as deemed necessary by USFWS.
19. The Permittee shall report any injured, sick, or dead federally or state listed animal(s) discovered onsite to the Florida Fish and Wildlife Conservation Commission Wildlife Alert number at 888-404-FWCC (3922).
SPECIFIC CONDITIONS – POST ISSUANCE SUBMITTALS
20. All post-issuance submittals required by the Specific or General Conditions of this permit shall be provided to the Department in a digital format (via electronic mail, CD or DVD, or through a file transfer site) when practicable. The mailing address for the appropriate Department office is 3319 Maguire Boulevard, Suite 232, Orlando, Florida 32803-3767 and the electronic mail address is DEP_CD@FloridaDEP.gov. All submittals shall include the project name and indicated permit number when referring to this project.
SPECIFIC CONDTIONS – STORMWATER MANAGEMENT SYSTEM (SWMS)
21. The SWMS, authorized to be constructed herein, shall be operated and maintained in accordance with Section 12.0 of the Applicant’s Handbook Volume I; recently updated on June 28, 2024.
22. The following maintenance activities shall be performed as needed on:
A. All permitted (existing and proposed) systems:
1) Removal of trash and debris;
2) Inspection of inlets and outlets;
3) Removal of sediments when the storage volume or conveyance capacity of the stormwater management system is less than the permitted design; and
4) Stabilization and restoration of eroded areas.
B. Retention, ditch, swale, and underdrain systems:
1) Mowing and removal of grass clippings;
2) Aeration, tilling, or replacement of topsoil; and
3) Re-establishment of vegetation on disturbed surfaces.
C. Wet detention systems, if applicable:
1) Replanting of natural vegetation within the littoral zone; and
2) Control of nuisance and exotic vegetation.
23. In accordance with Section 373.416(2), F.S., unless revoked or abandoned, all stormwater management systems, dams, impoundments, reservoirs, appurtenant works, or works permitted under Part IV of Chapter 373, F.S., must be operated and maintained in perpetuity.
24. If the stormwater management system is not functioning as designed and permitted, operational maintenance must be performed immediately to restore the system. Within 30 days of any failure of the stormwater management systems or deviation from the permit, a report shall be submitted electronically or in writing to the Department using the enclosed “Operation and Maintenance Inspection Certification” [Form 62-330.311(1)] describing the remedial actions taken to resolve the failure or deviation. If operational maintenance measures are insufficient to enable the system to meet the design and performance standards of this Chapter 62-330, F.A.C., the permittee must either replace the system or construct an alternative design. A permit modification must be obtained from the Department prior to constructing such an alternate design pursuant to Rule 62-330.315, F.A.C.
25. Upon completion of the permitted stormwater management systems, dams, reservoirs, impoundments, appurtenant work, or works, the Agency shall have periodic inspections made to ensure the project was constructed and is being operated in compliance with the terms and conditions of the permit, and in a manner that protects the public health and safety and the natural resources of the state. No person shall refuse immediate entry or access to any authorized representative of the District or DEP who requests entry for purposes of such inspection and presents appropriate credentials pursuant to Part 12.4 (b) of the Applicant’s Handbook Volume I.
26. Inspections may be performed by Agency staff during and after construction. When needed to ensure a project is being operated and maintained in perpetuity, the permit may require the operation and maintenance entity to conduct the periodic inspections. The required inspection schedule for a specific project will be specified in the permit pursuant to Part 12.4
(c) of the Applicant’s Handbook Volume I.
27. The efficiency of stormwater management systems decreases over time without periodic maintenance. For example, a significant reduction in the flow capacity of a stormwater management system often can be attributed to partial blockages of its conveyance system.
Once flow capacity is compromised, flooding may result. Therefore, operation and maintenance entities 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 will be responsible for correcting the deficiencies so that the project is returned to the operational functions required in the permit and contemplated by the design of the project as permitted pursuant to Part 12.4 (e) of the Applicant’s Handbook Volume I.
28. 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 Agency pursuant to Section 12.4 (h) of Applicant’s Handbook Volume I.
SPECIFIC CONDITIONS – CONSTRUCTED ACTIVITY
29. In accordance with 62-330.301(1), F.A.C., the activity authorized to be constructed and operated herein:
a. Will not cause adverse water quantity impacts to receiving waters and adjacent lands;
b. Will not cause adverse flooding to on-site or off-site property;
c. Will not cause adverse impacts to existing surface water storage and conveyance capabilities;
d. Will not adversely affect the quality of receiving waters such that the state water quality standards set forth in chapters 62-4, 62-302, 62-520, and 62-550, F.A.C., including the antidegradation provisions of paragraphs 62-4.242(1)(a) and (b), F.A.C., subsections 62- 4.242(2) and (3), F.A.C., and rule 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters set forth in subsections 62-4.242(2) and (3), F.A.C.;
e. Will not adversely impact the maintenance of surface or ground water levels or surface water flows established pursuant to section 373.042, F.S.;
f. Will not cause adverse impacts to a Work of the District established pursuant to section 373.086, F.S.;
g. Will be capable, based on generally accepted engineering and scientific principles, of performing and functioning as proposed;
h. Will be conducted by a person with the financial, legal and administrative capability of ensuring that the activity will be undertaken in accordance with the terms and conditions herein;
i. Will be capable, based on generally accepted engineering and scientific principles, of performing and functioning as proposed;
j. Will be conducted by a person with the financial, legal and administrative capability of ensuring that the activity will be undertaken in accordance with the terms and conditions of the permit;
k. Will comply with any applicable special basin or geographic area criteria.
30. In accordance with 62-330.350(1)(q), F.A.C., if the proposed activity authorized herein causes any adverse impacts, 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.
GENERAL CONDITIONS FOR INDIVIDUAL PERMITS
The following general conditions are binding on all Individual Permits issued under Chapter 62-330, F.A.C., except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate project-specific conditions.
1. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S.
2. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction.
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, http://www.fdot.gov/roadway/drainage/files/Erosion-Sediment-Control.pdf and the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008, http://www.dep.state.fl.us/water/nonpoint/docs/erosion/erosion-inspectors-manual.pdf), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project-specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit.
4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), “Construction Commencement Notice,” [October 1, 2013], which is incorporated by reference in paragraph 62-330.350(1)(d), F.A.C., indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. If available, an Agency website that fulfills this notification requirement may be used in lieu of the form.
5. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity.
6. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable:
a) For 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)]. (See Specific Condition 2 regarding requirements for the submittal package.)
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 applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume I) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located.
b) Within 30 days of submittal of the as-built certification, the permittee shall submit “Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity” [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form.
8. The permittee shall notify the Agency in writing of changes to the permitted activity required by any other regulatory agency. 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, 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.
15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise.
16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards.
17. This permit is issued based on the applicant’s submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts.
18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property.
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until a subsequent 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@FloridaDEP.gov. 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 21days 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 may not apply to persons who have not received a clear point of entry.
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time.
Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@FloridaDEP.gov, before the deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.
Mediation
Mediation is not available in this proceeding.
FLAWAC Review
The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department.
Judicial Review
Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of the Department.
EXECUTION AND CLERKING
Executed in Orange County, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Reggie Phillips Program Administrator Permitting and Waste Cleanup Program
Attachments:
Exhibit 1: 161100-011-EI Construction Plans, 10 Pages Exhibit 2: 161100-011-EI Survey, 1 Page Exhibit 3: 161100-011-EI SWMS Operation and Maintenance Plan, 18 Pages Exhibit 4: 161100-008-EI SWMS Inspection & As-Built Forms, 8 Pages Exhibit 5: WACS No.: 27540 DEP Solid Waste Permitting and Compliance Files Exhibit 6: FL0037877 DEP Industrial Wastewater Permitting and Compliance Files Exhibit 7: 1270117 DEP Air Permitting and Compliance Files Exhibit 8: See the links below for the 62-330 Forms, Link to the Construction Commencement Notice/Form 62-330.350(1) Link to the As-built Certification and Request for Conversion to Operational
Phase/Form 62-330.310(1) Link to the Operation and Maintenance Inspection Certification/Form 62-330.311(1) Link to the Request to Transfer Permit/Form 62-330.340(1)
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons:
Jennifer Stirk, JStirk@Volusia.org Sara Perez Lopez, SPerezLopez@SCSEngineers.com Carlo Lebron, CLebron@SCSEngineers.com Emily Prosser, EProsser@SCSEngineers.com Fauve Herron, FHerron@SCSEngineers.com Celeste Cleveland, CCleveland@SCSEngineers.com Jason Timmons, JETimmons@SCSEngineers.com Volusia County, EnviroPermit@Volusia.org Margie Cook, MCook@sjrwmd.com Reggie Phillips, Reggie.Phillips@FloridaDEP.gov
Teayann Duclos, Teayann.Duclos@FloridaDEP.gov Leo Angleró, Leo.Anglero@FloridaDEP.gov Imirio Perez, Imirio.Perez@FloridaDEP.gov
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52(7), F.S., with the designated Department clerk, receipt of which is hereby acknowledged.
November 20, 2025 Clerk Date
File details come from the government source that posted it. Updated .