Permit.pdf

South Florida Water Management District Individual Environmental Resource Permit No. 48-109533-P

Date Issued: February 16, 2024

Permittee: Orange County Board Of County Commissioners Public Works Dept 4200 S John Young Pkwy Orlando, FL 32839

Project:

Reams Road South Of Summerlake Park Blvd To Taborfield Ave

Application No. 230822-40010

Location: Orange 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 epermits@sfwmd.gov.

Lisa Prather, PWS Section Administrator http://www.sfwmd.gov/ePermitting mailto:epermits@sfwmd.gov

South Florida Water Management District Individual Environmental Resource Permit No. 48-109533-P

Date Issued: February 16, 2024 Expiration Date: February 16, 2029

Project Name: Reams Road South Of Summerlake Park Blvd To Taborfield Ave

Permittee: Orange County Board Of County Commissioners Public Works Dept 4200 S John Young Pkwy Orlando, FL 32839

Operating Entity: Orange County Board Of County Commissioners Public Works Dept 4200 S John Young Pkwy Orlando, FL 32839

Location:

Orange County

Permit Acres:

83.74 acres

Project Land Use:

Transportation

Special Drainage District:

Reedy Creek Improvement District

Water Body Classification:

CLASS III

CLASS III

CLASS III

FDEP Water Body ID:

3170G

RCID2

3170G6

RCID1

3170O1

Wetland and Surface Water Impacts:

8.68 acres

Conservation Easement to District:

No

Sovereign Submerged Lands: No

Project Summary This Environmental Resource Permit (ERP) authorizes Construction and Operation of a stormwater management (SWM) system serving 83.74 acres of transportation development known as Reams Road Widening from South of Summerlake Park Boulevard to Taborfield Avenue.

Construction will add 37.7 acres of new impervious area within a linear roadway widening project.

Stormwater runoff is directed to five new wet detention ponds designed to provide water quality treatment and attenuation in accordance with District criteria. Construction plans are attached as Exhibit No. 2.0.

Permit No: 48-109533-P, Page 2 of 21

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 Reams Road from south of Summerlake Park Boulevard to Taborfield Avenue in Orange County.

The site is an existing roadway that predates ERP regulations. Refer to Exhibit No. 1.0 for a location map.

For information on wetland and other surface water (OSW) impacts, please see the Wetlands and OSWs section of this permit.

Ownership and Operation and Maintenance (O&M) Portions of the proposed SWM are to be constructed on areas currently under private ownership;

The permittee has indicated that they intend to acquire these areas for Right-of-Way (ROW). Prior to construction commencement, the permittee must demonstrate ownership of the project area to the District's ERB staff. Please see Exhibit No. 4.0 for a ROW acquisition survey.

Perpetual O&M of the SWM system will be the responsibility of the Orange County Board Of County Commissioners. Upon conveyance or division of ownership or control of the property or the system, the permittee must notify the Agency in writing within 30 days, and the new owner must request transfer of the permit.

Permit No: 48-109533-P, Page 3 of 21

Engineering Evaluation:

Land Use Please refer to Exhibit No. 2.1 for land use details.

Water Quality The project is located within a watershed identified by the Florida Department of Environmental Protection as impaired; therefore, the design includes a site-specific pollutant loading analysis and an additional 50% water quality treatment volume above the amounts required pursuant to Section 4.2.1, ERP Applicant's Handbook (AH) Volume (Vol.) II, as reasonable assurances that the projects discharge will not cause or contribute to violations of State water quality standards. Pond 5D provides 2.59 ac-ft of water quality treatment. The project includes implementation of a Turbidity and Erosion Control Plan, (Exhibit No. 2.0), as additional reasonable assurance of compliance with water quality criteria during construction.

Water Quantity Discharge As found in Exhibit No. 2.1, the SWM design meets the criteria of Section 3.2(a), ERP AH Vol. II based on a pre- vs. post-development analysis.

Road Design As found in Exhibit No. 2.1, minimum road crown elevations have been set at or above the peak design storm elevation.

Flood Plain/Compensating Storage The permittee submitted calculations demonstrating that the project will result in 10.83 acre-feet of floodplain impacts and is designed to provide 30.44 acre-feet of floodplain compensating storage within the compensating storage areas as depicted in Exhibit Nos. 2.0 and 2.1.

Certification and O&M 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 (CCC) 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 CCC is accepted by the District and the permit is transferred to an acceptable operating entity pursuant to Sections 12.1 - 12.3, ERP AH Vol. I and Section 62-330.310, F.A.C., the permittee is liable for O&M 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 O&M 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 O&M entity is responsible for correcting the deficiencies in a timely manner to prevent compromises to flood protection and water quality. See Section 12.4, ERP AH Vol. I for Minimum Operation and Maintenance Standards.

Notable project components requiring routine inspection and maintenance include but are not limited to:

Permit No: 48-109533-P, Page 4 of 21

Side slopes for stormwater lakes and ponds – maintain side slopes no steeper than 4:1 (horizontal:vertical) to a depth of 2.0 feet below the control elevation and nurtured or planted from 2.0 feet below to 1.0 feet above the control elevation pursuant to Section 5.4.2, ERP AH Vol. II.

Conveyance pipes, conveyance structures and discharge structures – all pipes and structures must be inspected for structural integrity and be maintained clear of trash, sediment and vegetative debris.

Exfiltration trenches – all pipes and structures must be inspected for structural integrity and be maintained clear of trash, sediment and vegetative debris.

Swales – maintain the permitted cross-section and vegetative cover.

Underground storage facilities – all facilities must be inspected for structural integrity and be maintained clear of trash, sediment and vegetative debris.

Pumps – float switches should be inspected and any obstructions removed to ensure proper operation;

intake and discharge pipes should be maintained clear of trash, sediment and vegetative debris; motors should be maintained to ensure proper operation.

Permit No: 48-109533-P, Page 5 of 21

Environmental Evaluation:

Wetland and OSW Description The project site contains 13 wetlands and 9 other surface waters (OSW) totaling approximately 11.73 acres.

Please see Exhibit No. 3.0 for wetland and OSW locations. The wetlands consist of mixed wetland hardwoods, hydric pine flatwoods, and cypress. Additional wetland descriptions are available in the ePermitting file. OSWs consist of agricultural and roadside ditches.

Wetland and OSW Impacts The project will result in 6.51 acres of wetland impacts, and 2.17 acres of work in OSW as described in Environmental Data Tables below. Exhibit No. 3.0 identifies the locations of the wetlands and OSW being impacted.

Secondary Impacts Secondary impacts include 3.05 acres adjacent to the areas of direct impacts where an upland buffer is not possible.

Elimination and Reduction of Impacts The proposed project is for the widening of an existing roadway, and the road capacity and intersection improvement design requires the unavoidable wetland impacts to increase safety along the corridor.

Mitigation Plan To mitigate for the wetland/OSW impacts, the permittee will purchase 5.49 freshwater forested credits from Southport Ranch Mitigation Bank, as depicted in Exhibit 3.0. The amount of required mitigation was determined using the Uniform Mitigation Assessment Method in Chapter 62-345, F.A.C.. The final scores can be found in the Exhibit No. 3.0.

Cumulative Impact Analysis The proposed mitigation is located within the same basin as the impacts, therefore pursuant to Section 10.2.8, ERP AH Vol. I, the project will not result in unacceptable cumulative impacts to the Reedy Creek Basin.

Fish, Wildlife, and Listed Species The wetlands or OSWs to be impacted provide habitat for wetland-dependent species including wood stork, American alligator, and Florida sandhill crane. The proposed mitigation will provide or improve habitat for wetland-dependent and aquatic species. 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.

The project site is located within the core foraging area for three known wood stork colonies, and wood storks have been observed on the project site. The project will result no net loss of wood stork suitable foraging habitat, as the suitable foraging habitat will be replaced through the purchase of compensatory mitigation for wetland impacts.

The wildlife survey documented the presence of American alligators on the project site, however due to the species inherent mobility and the project maintaining the hydrologic connection between Wetlands E and Wetland K through the creation of a wildlife crossing, the project is not likely to adversely affect this species.

Florida sandhill cranes have also been observed on site. The survey found no evidence of nesting by sandhill cranes. A pre-construction survey for this species will be required prior to construction, and should

Permit No: 48-109533-P, Page 6 of 21 the pre-activity surveys yield positive results for sandhill cranes, Orange County will coordinate with FWC to develop steps to avoid impacts to this species.

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

Permit No: 48-109533-P, Page 7 of 21

Environmental Evaluation Tables:

Summary

Wetlands and Other Surface Waters:

11.73 acres

Direct Impacts: 8.68 acres Secondary impacts: 3.05 acres Net UMAM Functional Loss/ Gain:

0 units

Total Onsite Mitigation Area:

0 acres

Total Offsite Mitigation Area:

0 acres

Mitigation Provided in Permit No.:

Total Mitigation Bank Credits Provided

Mitigation Bank Type Total Credits Southport Ranch FF 5.49 Total: 5.49

Direct Impacts 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 OSW 2 0.02 Direct Impact Ditches and Canals 0.000 OSW C 0.19 Direct Impact Ditches and Canals 0.000 OSW D 0.24 Direct Impact Ditches and Canals 0.000 OSW E 0.04 Direct Impact Ditches and Canals 0.000 OSW F 0.32 Direct Impact Ditches and Canals 0.000 OSW G 0.01 Direct Impact Ditches and Canals 0.000 OSW H 0.03 Direct Impact Ditches and Canals 0.000 OSW I 1.08 Direct Impact Ditches and Canals 0.000 OSW J 0.24 Direct Impact Ditches and Canals 0.000 Total: 2.17 0.000

Permit No: 48-109533-P, Page 8 of 21

Activities in Wetlands or Other Surface Waters, With Mitigation at a Bank

ID Acres Community Description Bank Name Method Current

Score With Score

Ratio or Add'l factor

Minimum Credits Needed

WA 0.01

Wetland Forested Mixed

Southport Ranch

UMAM 0.3 0 1 0

WB 0.17

Hydric Pine Flatwoods

Southport Ranch

UMAM 0.67 0 1 0.11

WC 1.2 Cypress Southport Ranch

UMAM 0.8 0 1 0.96

WD 2.5

Mixed Wetland Hardwoods

Southport Ranch

UMAM 0.77 0 1 1.93

WE 0.32

Mixed Wetland Hardwoods

Southport Ranch

UMAM 0.83 0 1 0.27

WG 0.26

Mixed Wetland Hardwoods

Southport Ranch

UMAM 0.67 0 1 0.17

WH 0.48 Cypress Southport Ranch

UMAM 0.7 0 1 0.34

WI 0.03

Hydric Pine Flatwoods

Southport Ranch

UMAM 0.7 0 1 0.02

WJ 0.11

Hydric Pine Flatwoods

Southport Ranch

UMAM 0.67 0 1 0.07

WK 0.83

Mixed Wetland Hardwoods

Southport Ranch

UMAM 0.83 0 1 0.69

WL 0.34

Mixed Wetland Hardwoods

Southport Ranch

UMAM 0.67 0 1 0.23

WM 0.19

Hydric Pine Flatwoods

Southport Ranch

UMAM 0.53 0 1 0.1

WO 0.07

Hydric Pine Flatwoods

Southport Ranch

UMAM 0.53 0 1 0.04

Total: 6.51

Permit No: 48-109533-P, Page 9 of 21

Secondary Impacts

Activities in Wetlands or Other Surface Waters, With Mitigation at a Bank

ID Acres Community Description Bank Name Method Current

Score With Score

Ratio or Add'l factor

Minimum Credits Needed

WA-S 0.01

Wetland Forested Mixed

Southport Ranch

UMAM 0.3 0.2 1 0

WB-S 0.19

Hydric Pine Flatwoods

Southport Ranch

UMAM 0.67 0.47 1 0.04

WC-S 0.34 Cypress Southport Ranch

UMAM 0.8 0.6 1 0.07

WD-S 0.64

Mixed Wetland Hardwoods

Southport Ranch

UMAM 0.77 0.57 1 0.13

WE-S 0.23

Mixed Wetland Hardwoods

Southport Ranch

UMAM 0.83 0.63 1 0.05

WG-S 0.23

Mixed Wetland Hardwoods

Southport Ranch

UMAM 0.67 0.57 1 0.02

WH-S 0.44 Cypress Southport Ranch

UMAM 0.7 0.5 1 0.09

WI-S 0.15

Hydric Pine Flatwoods

Southport Ranch

UMAM 0.7 0.6 1 0.02

WJ-S 0.15

Hydric Pine Flatwoods

Southport Ranch

UMAM 0.67 0.47 1 0.03

WK-S 0.36

Mixed Wetland Hardwoods

Southport Ranch

UMAM 0.83 0.63 1 0.07

WL-S 0.16

Mixed Wetland Hardwoods

Southport Ranch

UMAM 0.67 0.57 1 0.02

WO-S 0.15

Hydric Pine Flatwoods

Southport Ranch

UMAM 0.53 0.43 1 0.02

Total: 3.05

Permit No: 48-109533-P, Page 10 of 21

Related Concerns:

Water Use Permit Status The permittee has indicated that irrigation is not required for this project.

The permittee has indicated that dewatering is required for construction of this project. Prior to construction a Water Use Application shall be submitted or it shall be demonstrated that proposed dewatering qualifies for the permit by rule under Rule 40E-2.061, F.A.C. in accordance with Special Condition No. 9.

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/ Archaeological Resources No information has been received that indicates the presence of archaeological or historical resources on the project site or indicating that the project will have any effect upon significant historic properties listed, or eligible for listing in the National Register of Historic Places.

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: 48-109533-P, Page 11 of 21

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 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

Permit No: 48-109533-P, Page 12 of 21 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 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

Permit No: 48-109533-P, Page 13 of 21 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: 48-109533-P, Page 14 of 21

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 2.

2. Perpetual O&M of the SWM system shall be the responsibility of the Orange County Board Of County

Commissioners. The permittee shall notify the Agency in writing within 30 days of any conveyance or division of ownership or control of the property of 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 the commencement of construction and pursuant to Section 4.2.3(d)(3), ERP AH Vol. I, the permittee shall demonstrate ownership of the project area to the District's ERB staff.

4. Lake side slopes shall be no steeper than 4:1 (horizontal:vertical) to a depth of 2.0 feet below the control elevation. Side slopes shall be nurtured or planted from 2.0 feet below to 1.0 feet above control elevation to ensure vegetative growth.

5. A stable, permanent and accessible elevation reference shall be established on or within 100 feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report.

6. 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.

7. Prior to initiating construction activities associated with this 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 Orlando Service Center at (407) 858-6100 or via e-mail at: precon@sfwmd.gov. When sending a request for a pre-construction meeting, please include the application number, permit number, and contact name and phone number.

8. 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 permitee associated with this project. Please refer to Chapter 68A-27, F.A.C. 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.

9. Prior to commencement of construction, a Consumptive Use permit for dewatering shall be obtained or demonstration that the work qualifies for the permit by rule under Rule 40E-2.061, F.A.C. shall be provided.

10. Prior to commencement of construction, and in accordance with the work schedule herein, the permittee Permit No: 48-109533-P, Page 15 of 21 shall submit documentation from Southport Ranch Mitigation Bank that 5.49 forested credits for this project have been paid for in full and deducted from the Southport Ranch Mitigation Bank's ledger.

11. Prior to construction, the permittee shall first conduct a survey for active Florida sandhill crane nesting sites. If active nesting sites are found, no work shall be performed in the area and the permittee shall coordinate with the Florida Fish and Wildlife Conservation Commission to determine what measures shall be taken to protect the nest(s) and obtain any necessary permits.

12. 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 OSWs have occurred due to project related activities.

Permit No: 48-109533-P, Page 16 of 21

Project Work Schedule for Permit No. 48-109533-P

The following activities are requirements of this Permit and shall be completed in accordance with the Project Work Schedule below. Please refer to General Conditions, Special Conditions and/or Specific 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 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 (Application Number) Due Date Date

Satisfied

GC 4 02/16/2024

Construction Commencement Notice

Prior to Construction

GC 6 02/16/2024 Submit Certification 30 Days After Construction Completion

SC 3 02/16/2024 Submit Proof of Ownership Prior to Construction

SC 7 02/16/2024 Pre-Construction Meeting Prior to Construction

SC 9 02/16/2024

Obtain a Water Use Permit for Dewatering

Prior to Construction

SC 10 02/16/2024

Submit Mitigation Bank Ledger Documentation

03/17/2024

SC 11 02/16/2024

Submit Florida Sandhill Crane Survey

Prior to Construction

GC = General Condition

SC = Special Condition

Permit No: 48-109533-P, Page 17 of 21

Distribution List

Colette Moss, DRMP, Inc

Logan Shappell, DRMP, Inc

Div of Recreation and Park - District 3

Orange County Engineer

Permit No: 48-109533-P, Page 18 of 21

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 230822-40010.

Exhibit No. 1.0 Location Map

Exhibit No. 2.0A SWM Plans

Exhibit No. 2.0B SWM Plans

Exhibit No. 2.1 Calculations

Exhibit No. 3.0 Environmental Information

Exhibit No. 4.0 ROW Acquisition Survey

Permit No: 48-109533-P, Page 19 of 21 http://my.sfwmd.gov/ePermitting https://api.sfwmd.gov/v1/service/cms/documents/0900eeea95a66023/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea95e4505e/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea95e4505f/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea95e45060/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea95fbca21/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea95a66022/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.

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.

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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 28-106.301, 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, District file number or any other District identification number, if known.

1.

The name, address, any email address, any facsimile number, and telephone number of the petitioner, petitioner’s attorney or qualified representative, if any.

2.

An explanation of how the petitioner’s substantial interests will be affected by the agency determination.3.

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 so indicate.5.

A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the District’s proposed action.

6.

A statement of the specific rules or statutes the petitioner contends require reversal or modification of the District’s proposed action.

7.

If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes.

8.

A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the District to take with respect to the District’s proposed action.

9.

MEDIATION

The procedures for pursuing mediation are set forth in Section 120.573, Florida Statutes, and Rules 28-106.111 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: 48-109533-P, Page 21 of 21