J-0200000-12_Permit_0004.pdf

March 6, 2023

US Navy NSA Orlando 12350 Research Pkwy Orlando, FL 32826-2942

SUBJECT: US Navy NSA Orlando, Consumptive Use Permit Number 7635-5 Orange County, Florida

Dear Sir/Madam:

Enclosed is the permit authorized by the District on March 6, 2023. The enclosed permit is a legal document and should be kept with other important records. Please read the permit and conditions carefully because the referenced conditions may require submittal of additional information. Where possible, please submit all information required to comply with permit conditions electronically at www.sjrwmd.com/permitting via the District’s e-Permitting portal.

Please be advised that the District will not publish a notice in the newspaper advising the public that the permit has been issued. Enclosed is information on publishing notice of the permit. If a newspaper notice is not published to close the point of entry, the time to challenge the issuance of the permit will not expire. A potential petitioner has 26 days from the date on which the actual notice is deposited in the mail, or 21 days from publication of this notice when actual notice is not provided, within which to file a petition for an administrative hearing pursuant to Sections

120.569 and 120.57, Florida Statutes. Receipt of such a petition by the District may result in this permit becoming null and void. Also, enclosed is a copy of the Notice of Rights.

If you have any questions concerning the permit, please contact Isaac Crenshaw in the Apopka Service Center at (407) 215-1463

Sincerely, Richard Burklew, Bureau Chief Water Use Regulation

Agent(s): David Thomas Rauth US Navy-NAVFAC SE PO Box 30A, Building 919 NAS Jacksonville Jacksonville, FL,32212-0030

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

Post Office Box 1429

Palatka, Florida 32178-1429

PERMIT NO: 7635-5 DATE ISSUED: March 6, 2023

PROJECT NAME: US Navy NSA Orlando

A PERMIT AUTHORIZING:

The District authorizes, as limited by the attached permit conditions, the use of 8.8 million gallons per year (mgy) (0.024 million gallons per day (mgd), annual average) of groundwater from the Upper Floridan aquifer for irrigation of 4 acres of landscaping through 2033.

LOCATION:

Site: USA Navy NSA Orlando Orange County

SECTION(S): TOWNSHIP(S): RANGE(S):

10 22S 31E

ISSUED TO:

US Navy NSA Orlando 12350 Research Pkwy Orlando, FL 32826-2942

The 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 plans and specifications attached thereto, is by reference made a part hereof.

This permit does not convey to the permittee any property rights nor any rights or privileges other than those specified herein, nor relieve the permittee from complying with any applicable local government, state, or federal, rule, or ordinance.

This permit may be revoked, modified or transferred at any time pursuant to the appropriate provisions of Chapter 373, Florida Statutes and 40C-1, Florida Administrative Code.

PERMIT IS CONDITIONED UPON:

See conditions on attached “Exhibit A”, dated March 6, 2023

AUTHORIZED BY: St. Johns River Water Management District Division of Water Supply Planning and Assessment

By:

Clint Brown Supervising Hydrologist

"EXHIBIT A"

CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 7635-5

US Navy NSA Orlando DATE ISSUED March 06, 2023

1. With advance notice to the permittee, District staff with proper identification shall have permission to enter, inspect, observe, collect samples, and take measurements of permitted facilities to determine compliance with the permit conditions and permitted plans and specifications. The permittee shall either accompany District staff onto the property or make provision for access onto the property.

2. 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 Chapter 373, F.S. In the event of a declared water shortage, the permittee must adhere to the water shortage restrictions, as specified by the District. The permittee is advised that during a water shortage, reports shall be submitted as required by District rule or order.

3. Prior to the construction, modification or abandonment of a well, the permittee must obtain a water well permit from the St. Johns River Water Management District or the appropriate local government pursuant to Chapter 40C-3, F.A.C. 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.

4. 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.

5. The permittee's consumptive use of water as authorized by this permit shall not interfere with legal uses of water existing at the time of permit application. If interference occurs, the District shall revoke the permit, in whole or in part, to curtail or abate the interference, unless the interference associated with the permittee's consumptive use of water is mitigated by the permittee pursuant to a District-approved plan.

6. The permittee's consumptive use of water as authorized by this permit shall not have significant adverse hydrologic impacts to off-site land uses existing at the time of permit application. If significant adverse hydrologic impacts occur, the District shall revoke the permit, in whole or in part, to curtail or abate the adverse impacts, unless the impacts associated with the permittee's consumptive use of water are mitigated by the permittee pursuant to a District-approved plan.

7. The permittee shall notify the District in writing within 30 days of any sale, transfer, or conveyance of ownership or any other loss of permitted legal control of the Project and/or related facilities from which the permitted consumptive use is made. Where permittee's control of the land subject to the permit was demonstrated through a lease, the permittee must either submit documentation showing that it continues to have legal control or transfer control of the permitted system/project to the new landowner or new lessee. All transfers of ownership are subject to the requirements of Rule 40C-1.612, F.A.C.

Alternatively, the permittee may surrender the consumptive use permit to the District, thereby relinquishing the right to conduct any activities under the permit.

8. 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 Rule 40C-2.401, F.A.C. The permittee shall notify the District in the event that a replacement tag is needed.

9. The permittee's consumptive use of water as authorized by this permit shall not adversely impact wetlands, lakes, rivers, or springs. If adverse impacts occur, the District shall revoke the permit, in whole or in part, to curtail or abate the adverse impacts, unless the impacts associated with the permittee's consumptive use of water are mitigated by the permittee pursuant to a District-approved plan.

10. The permittee's consumptive use of water as authorized by this permit shall not reduce a flow or level below any minimum flow or level established by the District or the Department of Environmental Protection pursuant to Section 373.042 and 373.0421, F.S.

If the permittee's use of water causes or contributes to such a reduction, then the District shall revoke the permit, in whole or in part, unless the permittee implements all provisions applicable to the permittee's use in a District-approved recovery or prevention strategy.

11. The permittee's consumptive use of water as authorized by the permit shall not cause or contribute to significant saline water intrusion. If significant saline water intrusion occurs, the District shall revoke the permit, in whole or in part, to curtail or abate the saline water intrusion, unless the saline water intrusion associated with the permittee's consumptive use of water is mitigated by the permittee pursuant to a District-approved plan.

12. The permittee's consumptive use of water as authorized by the permit shall not cause or contribute to flood damage. If the permittee's consumptive use causes or contributes to flood damage, the District shall revoke the permit, in whole or in part, to curtail or abate the flood damage, unless the flood damage associated with the permittee's consumptive use of water is mitigated by the permittee pursuant to a District-approved plan.

13. All consumptive uses authorized by this permit shall be implemented as conditioned by this permit, including any documents incorporated by reference in a permit condition. The District may revoke this permit, in whole or in part, or take enforcement action, pursuant to Section 373.136 or 373.243, F.S., unless a permit modification has been obtained to address the noncompliance. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate.

14. This permit does not convey to the permittee any property rights or privileges other than those specified herein, nor relieve the permittee from complying with any applicable local government, state, or federal law, rule, or ordinance.

15. A permittee may seek modification of any term of an unexpired permit. The permittee is advised that Section 373.239, F.S., and Rule 40C-2.331, F.A.C., are applicable to permit modifications.

16. Following the effective date of the re-evaluated Minimum Flows and Levels (MFL), adopted pursuant to 373.042, F.S., for Lake Apshawa South and the Wekiva Springshed, this permit is subject to modification during the term of the permit, upon reasonable notice by the District to the permittee, to achieve compliance with any approved MFL recovery or prevention strategy for Lake Apshawa South and the Wekiva Springshed. The permittee's participation in implementing an approved MFL prevention/recovery strategy shall be limited to offsetting or mitigating the impact of the permittee's groundwater allocation on these MFLs. The District shall revoke the permit in whole or in part, if the permittee fails to implement its portion of any approved prevention/recovery strategy for any of these MFLs in accordance with the schedule included in the strategy. Nothing herein shall be construed to alter the District's authority to modify a permit under circumstances not addressed in this condition.

17. All irrigation shall be in conformity with the requirements set forth in subsection 40C-

2.042(2), F.A.C.

18. All submittals made to demonstrate compliance with this permit must include CUP number 7635-5 labeled on the submittal. Submittals should be made on-line at www.sjrwmd.com/permitting whenever possible.

19. This permit will expire on March 6, 2033.

20. If chemicals are to be injected into the irrigation system, the permittee shall install and maintain a backflow prevention device on all wells or surface pumps that are connected to the irrigation system.

21. Maximum annual groundwater withdrawals from the Upper Floridan aquifer for irrigation of landscape must not exceed 8.8 million gallons (0.024 mgd, annual average).

22. Total maximum monthly allocation is 2.00 million gallons. Compliance with the maximum monthly allocation is based on the greatest quantity withdrawn in any single month.

23. Total annual allocation is 8.8 million gallons (0.024 mgd) for a 2-in-10 drought condition.

This allocation represents the amount of water required to meet the water demands as a result of deficit rainfall quantities occurring during a drought with the probability of recurring twice every ten years. The permittee shall not exceed this allocation in hydrologic conditions less than a [drought condition used to determine supplemental irrigation demand] drought event. In addition, the permittee is advised that their annual use of water should be less than the drought allocation in all years except for the drought condition that is the basis for the allocation or a more severe drought.

Compliance with this annual allocation is based on the quantity withdrawn over a calendar year beginning on January 1 and ending on December 31.

If the District performs an analysis and determines that the allocated supplemental irrigation quantities are exceeded when the rainfall deficit is less severe than the drought conditions serving as the basis for the allocation, then before deciding whether to undertake any enforcement action, the District shall either:

A. Request the permittee to submit a report that includes reasons why the allocated quantities were exceeded, measures taken to meet the allocated quantities, and a plan to bring the permit into compliance; or

B. Consult informally with the permittees as to the reason why the allocated quantity was exceeded.

The District shall evaluate information submitted by permittees who exceed their allocated quantities to determine whether there is good cause for the exceedance. Good cause justifying Permittees may justify an exceedance includes documentation of by documenting unusual water needs, such as weather conditions creating greater irrigation needs than normal. However, even with such documentation, phased reductions in water use will be required unless the District determines that water usage was reasonable under the circumstances reported and that further reductions are not feasible. A permit modification is required to implement any increase in allocated quantities.

Beginning January 2027, the District will annually examine the agricultural user’s 5-year moving average supplemental water use and compare it to the annual supplemental irrigation needs in a 5-in-10 year rainfall condition.

If the agricultural user’s 5-year moving average supplemental water use is higher than the annual supplemental irrigation needs in a 5-in-10 year rainfall condition, the District shall notify the permittee who shall consult informally with the District to provide any known reasons why such use occurred, including documentation of prolonged periods of below average rainfall. Following such consultation, the permittee shall then submit a report to the District that includes a detailed explanation and any necessary analysis of the water use.

The permittee may request in writing to forego the report and the District shall grant such request if the permittee presents documentation of prolonged periods of below average rainfall during the informal consultation.

If a permittee is unable to present documentation of prolonged periods of below average rainfall, the District shall modify the permit to include an annual allocation based on the amount of supplemental irrigation required during a 2-in-10 year and a 5-in-10 year rainfall condition. In such case, the supplemental irrigation allocation based on the 5-in-10 year rainfall condition shall be valid for only 5 years unless the agricultural user’s 5-year moving average water use continues to exceed the amount of supplemental irrigation needed during a 5-in-10 year rainfall condition for reasons other than prolonged periods of drought.

24. If the rainfall deficit is more severe than the drought conditions serving as the basis for the allocations, the permittee’s withdrawals shall not exceed that amount necessary to continue to meet the reasonable-beneficial demands, provided no harm to the water resources occur and:

a. All other conditions of the permit are met; and

b. The withdrawal is otherwise consistent with any applicable declared Water Shortage Order in effect.

25. The permittee shall maintain monthly records of water use, by source, for the permitted project and shall provide the records to the District upon request. The records must be maintained for the life of the permit.

26. Prior to use, all proposed wells must be equipped with totalizing flow meters. All flow meters must measure within +/- 5% of actual flow, be verifiable and be installed according to the manufacturer's specifications.

27. In order to ensure that the volume of water withdrawn and recorded by the permittee is accurate to within +/- 5% of actual flow (+/- 10% of flow when using an alternative method), the meter accuracy or flow rate from each withdrawal point must be validated once every 10 years and recorded on either the Flow Meter Accuracy Report Form (EN-

51) or Alternative Method Flow Verification Report Form (whichever form is applicable).

The validation documents must be provided to the District upon request.

28. The permittee must implement the Water Conservation Plan submitted to the District on February 7, 2023, in accordance with the schedule contained therein.

29. The permittee shall develop and maintain an Annual Conservation Goal Implementation Plan (ACGIP) pursuant to section 2.7 of the CFWI Supplemental Applicant’s Handbook for Consumptive Use Permitting. The ACGIP shall outline conservation goals for no less than 5 years. Agricultural permittees implementing BMPs in lieu of an ACGIP must maintain documentation supporting the enrollment and implementation of selected BMPs.

The permittee shall submit the ACGIP upon request by the District, during a 10-year compliance report, and with an application for permit renewal or modification except for a public water supply permittee with an annual average daily quantity of 100,000 gpd or greater and whose commercial use equals or exceeds 30 percent of its total water use, shall report its progress toward achieving the conservation goals within the ACGIP annually.

30. The permittee shall use the lowest quality water source, such as reclaimed water, surface/storm water, or alternative water supply, to supply the needs of the project when deemed feasible pursuant to District rules and applicable state law.

31. By January 31 each year, the permittee shall submit a completed Annual Statement of Continuing Use form to the District. The preferred method of submittal is www.sjrwmd.com/permitting.

Notice Of Rights

1. A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P. O. Box 1429, Palatka Florida 32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at Clerk@sjrwmd.com, within twenty-six (26) days of the District depositing the notice of District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21) days of the District emailing the notice of District decision (for those persons to whom the District emails 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 or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. The District will not accept a petition sent by facsimile (fax), as explained in paragraph no. 4 below.

2. Please be advised that if you wish to dispute this District decision, mediation may be available and that choosing mediation does not affect your right to an administrative hearing. If you wish to request mediation, you must do so in a timely-filed petition. If all parties, including the District, agree to the details of the mediation procedure, in writing, within 10 days after the time period stated in the announcement for election of an administrative remedy under Sections 120.569 and 120.57, Florida Statutes, the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, shall be tolled to allow mediation of the disputed District decision. The mediation must be concluded within 60 days of the date of the parties’ written agreement, or such other timeframe agreed to by the parties in writing. Any mediation agreement must include provisions for selecting a mediator, a statement that each party shall be responsible for paying its pro-rata share of the costs and fees associated with mediation, and the mediating parties’ understanding regarding the confidentiality of discussions and documents introduced during mediation.

If mediation results in settlement of the administrative dispute, the District will enter a final order consistent with the settlement agreement. If mediation terminates without settlement of the dispute, the District will notify all the parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Florida Statutes, is resumed. Even if a party chooses not to engage in formal mediation, or if formal mediation does not result in a settlement agreement, the District will remain willing to engage in informal settlement discussions.

3. A person whose substantial interests are or may be affected has the right to an informal administrative 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 also comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code.

4. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District’s regular business hours. The District’s regular business hours are 8:00 a.m. – 5:00 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District’s regular business hours shall be deemed filed as of 8:00 a.m. on the District’s next regular business day. The District’s acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District’s Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at www.sjrwmd.com. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District’s Statement of Agency Organization and Operation, attempting to file a petition by facsimile is prohibited and shall not constitute filing.

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

6. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C-1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District’s final action may be different from the position taken by it in this notice. A person whose substantial interests are or may be affected by the District’s final action has the right to become a party to the proceeding, in accordance with the requirements set forth above.

7. Pursuant to Section 120.68, Florida Statutes, a party to the proceeding before the District 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 Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, within 30 days of the rendering of the final District action.

8. A District action is considered rendered, as referred to in paragraph no. 7 above, after it is signed on behalf of the District and filed by the District Clerk.

9. Failure to observe the relevant timeframes for filing a petition for judicial review as described in paragraph no. 7 above will result in waiver of that right to review.

NOR.Decision.DOC.001 Revised 12.7.11

Certificate of Service

I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent to the permittee:

US Navy NSA Orlando 12350 Research Pkwy Orlando, FL 32826-2942

This 6th day of March 2023.

Richard Burklew, Bureau Chief

Permit Number: 7635-5

NOTICING INFORMATION

Please be advised that the St. Johns River Water Management District will not publish a notice in the newspaper advising the public that it has issued a permit for this project.

Newspaper publication, using the District’s notice form, notifies members of the public of their right to challenge the issuance of the permit. If proper notice is given by newspaper publication, then there is a 21-day time limit for someone to file a petition for an administrative hearing to challenge the issuance of the permit.

To close the point of entry for filing a petition, you may publish (at your own expense) a one-time notice of the District’s decision in a newspaper of general circulation within the affected area as defined in Section 50.011 of the Florida Statutes. If you do not publish a newspaper notice to close the point of entry, the time to challenge the issuance of your permit will not expire and someone could file a petition even after your project is constructed.

A copy of the notice form and a partial list of newspapers of general circulation are attached for your convenience. However, you are not limited to those listed newspapers. If you choose to close the point of entry and the notice is published, the newspaper will return to you an affidavit of publication. In that event, it is important that you either submit a scanned copy of the affidavit by emailing it to compliancesupport@sjrwmd.com (preferred method) or send a copy of the original affidavit to:

Office of Records and Regulatory Support 4049 Reid Street Palatka, FL 32177

If you have any questions, please contact the Office of Records and Regulatory Support at

(386) 329-4570.

NOTICE OF AGENCY ACTION TAKEN BY THE

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

Notice is given that on _______________ the District issued Permit No.___________ for a

Consumptive Use Permit to serve (type of project)__________________ activities. The total allocation authorized is ________ mgd of (groundwater/surface water). The project is located in

_______ County, Section(s)_____________, Township ____________ South, Range

_________East. The permit applicant is _____________________.

If you wish to receive a copy of a Technical Staff Report (TSR) that provides the St. Johns River Water Management District (District) staffs' analysis on the above-listed compliance report(s) and associated permit(s), please submit your request to Office Director, Office of Records and Regulatory Support, PO Box 1429, Palatka, FL 32178-1429. You may view the TSR by going to the Permitting section of the District's website at www.sjrwmd.com/permitting/index.html. To obtain information on how to find and view a TSR, visit https://permitting.sjrwmd.com/epermitting/html/EP_FAQs.html, and then follow the directions provided under "How to find a Technical Staff Report (TSR) or other application file documents."

A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the District. Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code (F.A.C.), the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P. O. Box 1429, Palatka Florida 32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at Clerk@sjrwmd.com, within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice).

A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District's regular business hours. The District's regular business hours are 8 a.m. – 5 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8 a.m. on the next regular District business day. A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes (F.S.), and Chapter 28-106, F.A.C. The District's acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, F.A.C.), which is available for viewing at www.sjrwmd.com. The District will not accept a petition sent by facsimile (fax). Mediation may be available if you meet the conditions stated in the full Notice of Rights (see last paragraph).

The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, F.S., Chapter 28-106, F.A.C., and Rule 40C-1.1007, F.A.C. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. 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. (Rule 28-106.111, F.A.C.).

If you wish to do so, please visit http://www.sjrwmd.com/nor_dec/ to read the complete Notice of Rights to determine any legal rights you may have concerning the District's decision(s) on the Consumptive Use Permit Application(s) described above. You can also request the Notice of Rights by contacting the Office Director, Office of Records and Regulatory Support, P. O. Box 1429, Palatka, FL 32178, phone (386)329-4570.

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