J-0200000-12_Permit.pdf

4049 Reid Street P.O. Box 1429 ' Palatka, FL 32178-1429 (386) 329-4500

On the Internet at wwwsjrwmd,com.

November 7, 2007

US Navy NSA Orlando 12350 Research Parkway Orlando, FL 32826-2924

SUBJECT: Consumptive Use Permit Number 7635 5 Year Compliance Report US Navy NSA Orlando

Dear Sir/Madam:

The St. Johns River Water Management District has completed its review of the 5 year compliance report submitted by you. Based on the review the District has made a change to your existing permit.

Enclosed is a copy of the memo describing the review and a copy of your permit.

Please be advised that the period of time within which a third party may request and administrative hearing on this compliance report may not have expired. A potential petitioner has twenty-six(26) days from the date on which the actual notice is deposited in the mail, or twenty-one(21) days from publication of this notice when actual notice is provided, within which to file a petition for an administrative hearing pursuant to Sections 120.569 and 120.57, Florida

Statutes.

Sincerely, Gloria Lewis, Director Division of Regulatory Information Management

Enclosures: TSR, Permit, Conditions for Issuance cc: District Permit File

Agent: US Navy NSA Orlando 12350 Research Parkway Orlando, FL 32826

GOVERNING BOARD

David G. Graham, CHAIRMAN Ann T. Moore, SECRETARY Duane L. Ottenstroer, TREASURER Susan N. Hughes

JACKSONVILLE BUNNELL JACKSONVILLE PONTE VEDRA

Michael Ertel Hersey "Herky" Huitman Arlen N. Jumper William W. Kerr W. Leonard Wood

OVIE°O ENTERPRISE FORT McCOY MELBOURNE BEACH FERNANOINA BEACH

St. ohns River Water Management District

Kirby B. Green III. Executive Director David W. Fisk. Assistant Executive Director

By:

wight Jenkins

Division Director

PERMIT NO. 7635 ORIGINAL PERMIT ISSUED: September 23, 2002 Compliance Report Permit Date: November 7, 2007

PROJECT NAME: US Navy NSA Orlando

A PERMIT AUTHORIZING:

The District authorizes, as limited by the attached conditions, the use of 11 .32 million gallons per year of ground water from the Floridan aquifer for the irrigation of 11 acres of landscape on a Federal government military installation.

LOCATION:

Site: NAWCTSD Orange County

Section(s): 10, 11, 14, 15 Township(s): 22S Range(s): 31E

ISSUED TO:

US Navy NSA Orlando 12350 Research Parkway Orlando, FL 32826-2924

Permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages, claims, or liabilities which may arise from permit issuance. Said application, including all maps and specifications attached thereto, is by reference made a part hereof.

This permit does not convey to permittee any property rights nor any rights of privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee.

This permit may be revoked, modified or transferred at any time pursuant to the appropriate provisions of Chapter 373, Florida Statutes and 400-1, Florida Administrative Code.

PERMIT IS CONDITIONED UPON:

See conditions on attached "Exhibit A", dated November 7, 2007

AUTHORIZED BY: St. Johns River Water Management District Department of Resource Management

"EXHIBIT A"

CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 7635

US NAVY NSA ORLANDO

DATED NOVEMBER 7, 2007

District Authorized staff, upon proper identification, will have permission to enter, inspect and observe permitted and related facilities in order to determine compliance with the approved plans, specifications and conditions of this permit.

Nothing in this permit should be construed to limit the authority of the St. Johns River Water Management District to declare a water shortage and issue orders pursuant to Section 373.175, Florida Statutes, or to formulate a plan for implementation during periods of water shortage, pursuant to Section 373.246, Florida Statutes. In the event a water shortage, is declared by the District Governing Board, the permittee must adhere to the water shortage restriction as specified by the District, even though the specified water shortage restrictions may be inconsistent with the terms and conditions of this permit.

Prior to the construction, modification, or abandonment of a well, the permittee must obtain a Water Well Construction Permit from the St. Johns River Water Management District, or the appropriate local government pursuant to Chapter 40C-3, Florida Administrative Code.

Construction, modification, or abandonment of a well will require modification of the consumptive use permit when such construction, modification or abandonment is other than that specified and described on the consumptive use permit application form.

Leaking or inoperative well casings, valves, or controls must be repaired or replaced as required to eliminate the leak or make the system fully operational.

Legal uses of water existing at the time of the permit application may not be interfered with by the consumptive use. If unanticipated interference occurs, the District may revoke the permit in whole or in part to curtail or abate the interference unless the permittee mitigates for the interference. In those cases where other permit holders are identified by the District as also contributing to the interference, the permittee may choose to mitigate in a cooperative effort with these other permittees. The permittee must submit a mitigation plan to the District for approval prior to implementing such mitigation.

Off-site land uses existing at the time of permit application may not be significantly adversely impacted as a result of the consumptive use. If unanticipated significant adverse impacts occur, the District shall revoke the permit in whole or in part to curtail or abate the adverse impacts, unless the impacts can be mitigated by the permittee.

The District must be notified, in writing, within 30 days of any sale, conveyance, or other transfer of a well or facility from which the permitted consumptive use is made or within 30 days of any transfer of ownership or control of the real property at which the permitted consumptive use is located. All transfers of ownership or transfers of permits are subject to the provisions of section 40C-1.612, Florida Administrative Code.

A District-issued identification tag shall be prominently displayed at each withdrawal site by permanently affixing such tag to the pump, headgate, valve or other withdrawal facility as provided by Section 40C-2.401, Florida Administrative Code. Permittee shall notify the District in the event that a replacement tag is needed.

Landscape irrigation is prohibited between the hours of 10:00 a.m. and 4:00 p.m., except as follows:

(a) Irrigation using a micro-irrigation system is allowed anytime.

(b) The use of reclaimed water for irrigation is allowed anytime, provided appropriate signs are placed on the property to inform the general public and District enforcement personnel of such use. Such signs must be in accordance with local restrictions.

Irrigation of, or in preparation for planting, new landscape is allowed any time of day for one 30 day period provided irrigation is limited to the amount necessary for plant establishment.

Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer, or best management practices is allowed anytime within 24 hours of application.

Irrigation systems may be operated anytime for maintenance and repair purposes not to exceed ten minutes per hour per zone.

Total withdrawals from Well 1 (GRS ID 12489) for urban landscape irrigation use must be recorded continuously, totaled monthly, and reported to the District at least every six months from the initiation of the monitoring using Form No. EN-50. The reporting dates each year will be as follows for the duration of the permit:

Reporting Period Report Due Date January-June July 31

July December January 31.

This permit will expire September 23, 2022.

This permit authorizes the use of Well 1 (GRS ID 12489) for the purpose of urban landscape irrigation type use. Well 1 is not authorized for any use other than the type of use provided under this permit.

Maximum annual withdrawal of ground water from the Floridan aquifer supplied from Well 1

(GRS ID 12489) for urban landscape irrigation type use must not exceed a total of 11.35 million gallons.

All submittals to the District regarding this permit must include the CUP Number 7653 plainly labeled on the submittal.

1 5. The permittee shall continue to monitor its withdrawals of groundwater from Well 1 (GRS ID

12489) with an in-line, totalizing flow meter. The flow meter must maintain 95% accuracy, be verifiable and be installed according to the manufacturer's specifications.

The permittee must maintain all flow meters. In case of failure or breakdown of any meter, the District must be notified in writing within 5 days of discovery. A defective meter must be repaired or replaced within 30 days of discovery.

The permittee must have all flow meters checked for accuracy at least once every 3 years within 30 days of the anniversary date of permit issuance, and recalibrated if the difference between the actual flow and the meter reading is greater than 5%. District Form EN-51 must be submitted to the District within 10 days of the inspection/calibration.

1 8 Reclaimed water supplied from the City of Orlando Iron Bridge Water Reclamation Facility or any other applicable wastewater treatment facility must be used as the primary source of water for landscape irrigation when it becomes available over the duration of this permit unless the permittee demonstrates that implementation is not economically, environmentally or technologically feasible pursuant to District rules and applicable State law.

19. The permittee shall submit to the District compliance reports, pursuant to subsection 373.236(3), F.S., within 30 days of the 5-year, 10-year and 15-year anniversary date of the permit issuance. The reports shall contain sufficient information for demonstrating that the permittee's use of water will continue, for the remaining duration of the permit, to meet the conditions for permit issuance set forth in the District rules that existed at the time the permit was issued by the District. At a minimum, the compliance report must:

Meet the submittal requirements of section 4.2 of the Applicant's Handbook:

Consumptive Uses of Water, February 8, 1999;

Include documentation verifying that use of water is efficient and that the permittee is implementing all feasible water conservation measures including the use of reclaimed water for landscape irrigation should it be deemed feasible pursuant to District rules and applicable State law.

Notice Of Rights

A person whose substantial interests are or may be determined has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District), or may choose to pursue mediation as an alternative remedy under Sections 120.569 and 120.573, Florida Statutes, before the deadline for filing a petition. Choosing mediation will not adversely affect the rights to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth in Sectionsl2O.569 and 120.57, Florida Statutes, and Rules 28-106.111 and 28-106.401-405, Florida Administrative Code. Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed at the office of the District Clerk at District Headquarters, P. 0. Box 1429, Palatka, Florida 32178-1 429 (4049 Reid St., Palatka, FL 32177) within twenty-six (26) days of the District depositing notice of District decision in the mail (for those persons to whom the District mails actual notice) or within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail actual notice). A petition must comply with Chapter 28-1 06, Florida Administrative Code.

If the Governing Board takes action which substantially differs from the notice of District decision, a person whose substantial interests are or may be determined has the right to request an administrative hearing or may choose to pursue mediation as an alternative remedy as described above. Pursuant to District Rule 40C-1 .1007, Florida Administrative Code, the petition must be filed at the office of the District Clerk at the address described above, within twenty-six (26) days of the District depositing notice of final District decision in the mail (for those persons to whom the District mails actual notice) or within twenty-one (21) days of newspaper publication of the notice of its final agency action (for those persons to whom the District does not mail actual notice). Such a petition must comply with Rule Chapter 28-106, Florida Administrative Code.

A substantially interested person has the right to a formal administrative hearing pursuant to Section 120.569 and 120.57(1), Florida Statutes, where there is a dispute between the District and the party regarding an issue of material fact. A petition for formal must comply with the requirements set forth in Rule 28-106.201, Florida Administrative Code.

A substantially interested person has the right to an informal hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute.

A petition for an informal hearing must comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code.

A petition for an administrative hearing is deemed filed upon delivery of the petition to the District Clerk at the District headquarters in Palatka, Florida.

Failure to file a petition for an administrative hearing, within the requisite time frame shall constitute a waiver of the right to an administrative hearing (Section 28-106.111, Florida Administrative Code).

The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, and Chapter 28-106, Florida Administrative Code and Section 40C-1.1007, Florida Administrative Code.

Notice Of Rights

An applicant with a legal or equitable interest in real property who believes that a District permitting action is unreasonable or will unfairly burden the use of his property, has the right to, within 30 days of receipt of notice of the District's written decision regarding a permit application, apply for a special master proceeding under Section 70.51, Florida

Statutes, by filing a written request for relief at the office of the District Clerk located at

District headquarters, P. 0. Box 1429, Palatka, FL 32178-1429 (4049 Reid St., Palatka, Florida 32177). A request for relief must contain the information listed in Subsection

70.51(6), Florida Statutes.

A timely filed request for relief under Section 70.51, Florida Statutes, tolls the time to request an administrative hearing under paragraph no. 1 or 2 above (Paragraph

70.51(10)(b), Florida Statutes). However, the filing of a request for an administrative hearing under paragraph no. 1 or 2 above waives the right to a special master proceeding (Subsection 70.51(1 0)(b), Florida Statutes).

Failure to file a request for relief within the requisite time frame shall constitute a waiver of the right to a special master proceeding (Subsection 70.51(3), Florida Statutes).

Any substantially affected person who claims that final action of the District constitutes an unconstitutional taking of property without just compensation may seek review of the action in circuit court pursuant to Section 373.617, Florida Statutes, and the Florida

Rules of Civil Procedures, by filing an action in circuit court within 90 days of the rendering of the final District action, (Section 373.617, Florida Statutes).

Pursuant to Section 120.68, Florida Statutes, a person who is adversely affected by final

District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to the Florida Rules of Appellate Procedure within 30 days of the rendering of the final District action.

A party to the proceeding before the District who claims that a District order is inconsistent with the provisions and purposes of Chapter 373, Florida Statutes, may seek review of the order pursuant to Section 373.114, Florida Statutes, by the Florida

Land and Water Adjudicatory Commission, by filing a request for review with the

Commission and serving a copy on the Department of Environmental Protection and any person named in the order within 20 days of adoption of a rule or the rendering of the

District order.

For appeals to the District Court of Appeal, a District action is considered rendered after it is signed on behalf of the District, and is filed by the District Clerk.

Failure to observe the relevant time frames for filing a petition for judicial review described in paragraphs #11 and #12, or for Commission review as described in paragraph #13, will result in waiver of that right to review.

Division of Regulatory Information Management Gloria Lewis, Director

St. Johns River Water Management District Post Office Box 1429 Palatka, FL 32178-1429

(386) 329-4152 Permit Number: 7635

Notice Of Rights

Certificate of Service

I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent by U.S.

Mail to:

US Navy NSA Orlando 12350 Research Parkway Orlando, FL 32826-2924 t3 iyrnk At 4:00 p.m. this 2..3.th-day ofepte.mbar, 2007.