Permit_Information.pdf

PERMIT INFORMATION

The County has applied for and received the following permits:

SWFWMD ERP 49028484.007 – CCSWDC North Borrow Area Conceptual Plan SWFWMD ERP 43028484.008 – CCSWDC North Borrow Area Phase I

Construction FDEP State 404 Program Individual Permit with Long Term Planning –

0272622-004 Sarasota County Governmental Earthmoving and Tree Protection Exemption

The Contractor will be required to obtain any other necessary authorizations and/or permits from local and state agencies which may include but not be limited to:

Burn Permit for Vegetative Pile Burning Water Use Permit (WUP)

FLORIDA DEPARTMENT OF

Environmental Protection

South District PO Box 2549

Fort Myers FL 33902-2549 SouthDistrict@FloridaDEP.gov

Ron DeSantis Governor

Jeanette Nuñez Lt. Governor

Shawn Hamilton Secretary

Permittee/Authorized Entity: Sarasota County

BOCC

Solid Waste Division Complex Jason Timmons

4000 Knights Trail Rd.

Nokomis, Florida 34275, Sarasota County jtimmons@scgov.net

Excavation Area

Authorized Agent:

Stantec Consulting Services, Inc.

Jennifer Brunty 6900 Professional Parkway East Sarasota, FL.

Jennifer.brunty@stantec.com

State 404 Program Individual Permit with Long Term Planning

Sarasota County Permit No.: 0272622-004

State 404 Program Individual Permit

Permittee: Sarasota Co. BOCC

Permit No: 0272622-004 SFI

PROJECT LOCATION

The activities authorized by this permit (construction and mitigation) are located at 4000 Knights Trail, Nokomis FL. 34275, Site Parcel ID’s 0303001020, 0317001000, 0318004000, and 315001010, Sections 27, Township 38 South, Range 19 East, Section 34, Township 37 South, Range 19 East, Section 3, Township 38 South, Range 19 East, Section 35, Township 37 South, Range 19 East and Section 2, Township 38 South, Range 19 East. Latitude N. 27.228536° Longitude W -82.387822° Sarasota County.

PROJECT DESCRIPTION

The permittee is authorized to construct a 98.5 acre borrow pit area to provide landfill cover for the Central County Solid Waste Disposal Complex (landfill) including 5 borrow cells, haul roads and stormwater conveyance features. The authorized activities are for the temporary impact 0.77 acres of non-jurisdictional ditches and permanent impacts of 4.85 acres of wetlands and surface waters including 2.52 acres state assumed waters (FNAI Slough Marsh) and 2.33 acres of ditches and ponds (FNAI Slough Marsh). Agricultural ditches will be impacted for the replacement of pipes at existing road crossings and installation of new pipes that will cross the ditches to control water levels between cells for the mining operation. Total impacts to jurisdictional wetlands equal 4.85 acres; 2.58 acres of impacts will occur to non-jurisdictional isolated wetlands.

Mitigation for authorized impacts to jurisdictional ditches and wetlands will be provided through the creation off 2.56 acres of FNAI slough marsh wetlands on site and through the establishment of a 30 ft upland buffer around the system. The creation area includes planting of 2.56 acres of non-forested slough marsh. The approximately 1.33 acre planted upland buffer will be maintained in essentially natural conditions.

The wetland mitigation area is located within a large former citrus grove specifically purchased to serve as a source of landfill cover for the next 50+ years, and therefore the land on which the mitigation area is located will not be released from County ownership during this excavation period. Once the area is excavated, it will be unsuitable for residential or commercial development. The long-term plan for the overall former grove/borrow area is to use the lakes created through excavation to store water diverted from Cow Pen Slough to reduce nutrient loading in Dona/Lemon Bay downstream, as well as to reduce excess freshwater influence in Dona/Lemon Bay that has resulted from the historic excavation of Cow Pen Slough to drain surrounding and upstream lands to facilitate agricultural production.

The implementation of this ‘Dona Bay Restoration’ project has already commenced with the diversion of waters from Cow Pen slough into the west side of the former grove, which has already been excavated to four feet below ground surface, but above the seasonal high groundwater table. The result has been that this shallow excavation area is inundated year-round and is serving to remove nutrients from entering Dona/Lemon Bay downstream. This initial phase of the Dona Bay restoration project has been permitted by the Southwest Florida Water Management District under ERP No. 43007932.010

Permittee: Sarasota Co BOCC SWDC entitled “Dona Bay Watershed Restoration Project – Amendment 1”. There are preliminary plans to extend the Dona Bay Restoration project to the eastern borrow area that is the subject of this application.

In addition to the wetland mitigation area being surrounded by this future Dona Bay Restoration expansion project, the mitigation area is located within Sarasota County-owned lands that contribute to the Greenway Resource Management Area (RMA) under the County’s 2050 Plan. The 2050 Plan is a planning overlay designed to conserve a network of interconnected significant environmental resources on public and private lands.

Authorized activities are depicted on the attached exhibits.

AUTHORIZATIONS

Excavation area

State 404 Program Individual Permit The Department has determined that the activity qualifies for a State 404 Program Individual Permit.

Therefore, the State 404 Program Permit is hereby granted, pursuant to Part IV of Chapter 373, Florida Statutes (F.S.), and Chapter 62-331, Florida Administrative Code (F.A.C.).

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.

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 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 and sovereignty submerged lands authorization, as described.

SPECIFIC CONDITIONS

All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. This permit shall expire on pursuant to 62-331.090(2), F.A.C. Any deviations must be authorized in a permit modification in accordance with rule 62-331.080, 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.

All required submittals, such as certifications, monitoring reports, notifications, etc., shall be submitted to the Florida Department of Environmental Protection, South Department Office, Submerged Lands and Environmental Resource Permitting, P.O. Box 2549, Fort Myers, FL 33902-2549 or via e-mail to FTMERP_Compliance@dep.state.fl.us. All submittals shall include the project name and indicated permit number when referring to this project.

Note: In the event of an emergency, the Permittee should contact the Department by calling (800)320-0519. During normal business hours, the permittee should call (239)344-5600.

3. Financial responsibility:

Sarasota County has included the cost of mitigation enhancement activities as a line item in the County budget each year during enhancement activities (see attachment 4c), followed by a line item for perpetual maintenance once the mitigation area is deemed successful. The mitigation area has been included as part of Sarasota Counties 2050 Plan which is designed to conserve a network of interconnected significant environmental resources on public and private lands. The Sarasota County Comprehensive Plan illustrates the location of the mitigation area within the 2050 Greenway RMA.

4. The Permittee shall retain a design professional registered or licensed in Florida, to conduct on-site observations of construction and assist with the as-built certification requirements of this project.

The Permittee shall inform the Department in writing of the name, address and phone number of the design professional so employed. This information shall be submitted prior to construction.

SPECIFIC CONDITIONS - PRIOR TO ANY CONSTRUCTION

5. Prior to construction, the limits of impact 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.

6. Those portions of the applicant’s property that are in wetlands as defined in Chapter 62-340, F.A.C., and not subject to permanent impacts authorized by this permit shall be left in their natural state.

These areas shall not be used for parking, equipment storage, building supply storage or as a staging area for construction. These areas shall not be filled, sodded, or cleared without prior written consent from the Department in the form of an State 404 Permit or a modification of this permit.

7. Storage or stockpiling of tools and materials (i.e., lumber, pilings, debris,) within wetlands, within the littoral zone, or elsewhere within wetlands or other surface waters is prohibited. All vegetative material and debris shall be removed to a self-contained upland disposal area with no stockpiling of debris within wetland areas.

8. Best management practices for erosion control shall be implemented prior to construction commencement and shall be maintained at all times during construction to prevent siltation and turbid discharges in excess of State water quality standards pursuant to Rule 62-302, F.A.C.

Methods shall include, but are not limited to the use of staked hay bales, staked filter cloth, sodding, seeding, staged construction and the installation of turbidity screens around the immediate project site.

9. Prior to initiation of any work authorized by this permit, all wetlands, surface waters, and storm drains, 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 area(s) that are located outside of any authorized impact areas.

10. The following boundaries, as shown on the approved construction drawings, shall be clearly delineated on site prior to initial clearing or grading activities:

1. upland preservation

2. limits of approved wetland impacts

3. limits of wetland mitigation area

4. construction access for listed mitigation areas

The delineation shall endure throughout the construction period and be readily discernible to construction and Department personnel.

SPECIFIC CONDITIONS – CONSTRUCTION ACTIVITIES

11. This permit is valid only for the specific processes, operations and designs indicated on the approved drawings or exhibits submitted in support of the permit application. Any substantial deviation from the approved drawings, exhibits, specifications or permit conditions, including construction within the total land area but outside the approved project area(s), may constitute grounds for revocation or enforcement action by the Department, unless a modification has been applied for and approved.

Examples of substantial deviations include excavation of ponds, ditches or sump areas deeper than shown on the approved plans.

12. The following conditions relate to temporary impacts for equipment access through wetlands:

a. Access through wetlands will require the use of equipment with tracks or low ground pressure tires, the temporary placement of mats over wetland areas, or the lifting of equipment over the wetland areas into the sites. No dredging or filling, other than placement of temporary construction mats, is authorized for access to the dredged material management areas over wetlands.

b. Equipment access corridors through wetlands shall be restricted to an area no wider than 20 feet. The boundaries of these corridors shall be flagged prior to the use or construction of the dredged material management areas. All equipment must remain within the access corridor when crossing wetlands.

c. All temporary mats must be removed from wetland areas within 14 days of completion of the activity.

13. Areas of exposed soils shall be isolated from wetlands or other surface waters to prevent erosion and deposition of these soils into wetlands or other surface waters during permitted activities.

14. Prior to the initiation of any work authorized by this permit, the Permittee shall install erosion control measures along the perimeter of all work areas to prevent the displacement of fill material outside the work area. Immediately after completion of the final grading of the land surface, all slopes, land surfaces, and filled areas shall be stabilized using sod, degradable mats, barriers, or a combination of similar stabilizing materials to prevent erosion. The erosion control measures shall remain in place and be maintained until all authorized work has been completed and the site has been stabilized.

15. 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.

16. 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.

SPECIFIC CONDITIONS – MITIGATION

17. The Permittee shall, prior to beneficial use of the site, complete all aspects of the mitigation plan, including the grading, mulching, and planting, in accordance with the design details in the final approved construction drawings.

18. The Permittee shall commence construction of the mitigation area within 30 days of wetland impacts, if wetland impacts occur between February 1 and August 31. If wetland impacts occur between September 1 and January 31, construction of the mitigation area shall commence by March

1. In either case, construction of the mitigation area shall be completed within 120 days of the commencement date unless a time extension is approved in writing by the Department.

19. Wetland Creation Area (2.56 acres) As compensation for wetland impacts to FDEP-jurisdictional wetlands, the permittee shall create and maintain a 2.56-acre Mitigation Area Palustrine Emergent Wetland (FNAI slough marsh). The mitigation area will be constructed on the southern portion of the property in an upland area between two canals, with a mesic hammock to the north and a cell previously excavated to four feet below ground surface to the south as shown in detail on the plan drawings. No additional excavation is planned for the cell to the south of the creation area. During excavation of the mitigation area, soil strata will be segregated as needed to salvage organic soils for use as the substrate of the finished mitigation area. Grading will include the over-excavation of the area by a depth of 6 inches and backfilling to proposed grade using fully processed mulch obtained from the adjacent landfill.

Following mulch application, the mitigation area will be planted with native species as listed in Appendix M.1 (See attachments).

20. All onsite mitigation areas identified in this permit shall be subject to conservation easements granted to the Florida Department of Environmental Protection, the form of which is set forth in Exhibit B of Attachment 4b (Exhibit B begins on page 9 of Attachment 4b). The conservation easement has been granted free of encumbrances or interests which the Department determines are contrary to the intent of the easement.

21. The Department's approval of the mitigation plan pursuant to this permit does not constitute a finding by the Department the mitigation will meet the required success criteria. The permittee acknowledges its obligation to meet the intent of the permit regarding the mitigation objective until the mitigation is determined by the Department to be successful.

22. Sarasota County will serve as the party responsible for the ownership and long-term management and long-term financing of the onsite compensatory mitigation activities and objectives.

23. The recorded conservation easement is attached to this permit. If for any reason the permittee elects not to carry out any of the activities for which the permit was required, then the conservation easement shall be released by the grantee. To obtain a release, the permittee must acknowledge that this permit is no longer required and must formally surrender the permit. Once the applicant formally surrenders the permit, the Department will prepare a Release of Conservation Easement for the permittee to record in the County’s land records at their own cost.

SPECIFIC CONDITIONS – MONITORING/REPORTING REQUIREMENTS

24. The Permittee will complete the following:

A. Perform a time-zero monitoring event of the wetland mitigation areas within 60 days of completion of the compensatory mitigation objectives identified in this Plan.

B. Submit the time-zero report to the Department within 60 days of completion of the monitoring event. The report will include at least one paragraph depicting baseline conditions of the mitigation site(s) prior to initiation of the compensatory mitigation objectives and a detailed plan view drawing of all created, enhanced and/or restored mitigation areas.

C. Subsequent to completion of the compensatory mitigation objectives, perform semi-annual monitoring of the wetland mitigation areas for the first 2 years and annual monitoring thereafter for a total of no less than 5 years of monitoring.

D. Submit annual monitoring reports to the FDEP within 60 days of completion of the monitoring event. Semi-annual monitoring will be combined into one annual monitoring report.

E. Monitor the mitigation area(s) and submit annual monitoring reports to the Department until released in accordance with the Mitigation Release Special Condition of the issued permit.

25. Annual monitoring reports will follow a 10-page maximum report format for assessing compensatory mitigation sites. The Permittee will submit all documentation to the Department on 8½” x 11” inch paper, and include the following:

A. Project Overview (1 Page):

(1) FDEP Permit Number.

(2) Name and contact information of Permittee and consultant.

(3) Name of party responsible for conducting the monitoring and the date(s) the inspection was conducted.

(4) A brief paragraph describing the purpose of the approved project, acreage and type of aquatic resources impacted, and mitigation acreage and type of aquatic resources authorized to compensate for the aquatic impacts.

(5) Written description of the location, any identifiable landmarks of the compensatory mitigation project including information to locate the site perimeter(s), and coordinates of the mitigation site (expressed as latitudes, longitudes, UTMs, state plane coordinate system, etc.).

(6) Dates compensatory mitigation commenced and/or was completed.

(7) Short statement on whether the performance standards are being met.

(8) Dates of any recent corrective or maintenance activities conducted since the previous report submission.

(9) Specific recommendations for any additional corrective or remedial actions.

B. Requirements (1 page): List the monitoring requirements and performance standards, as specified in the approved mitigation plan and special conditions of this permit and evaluate whether the compensatory mitigation project site is successfully achieving the approved performance standards or trending towards success. A table is a recommended option for comparing the performance standards to the conditions and status of the developing mitigation site.

C. Summary Data (maximum of 4 pages): Summary data should be provided to substantiate the success and/or potential challenges associated with the compensatory mitigation project.

Photo documentation may be provided to support the findings and recommendations referenced in the monitoring report and to assist the Project Manager in assessing whether the compensatory mitigation project is meeting applicable performance standards for that monitoring period.

Submitted photos should be formatted to print on a standard 8½ " x 11" piece of paper, dated, and clearly labeled with the direction from which the photo was taken. The photo location points should also be identified on the appropriate maps.

D. Maps and Plans (maximum of 3 pages): Maps shall be provided to show the location of the compensatory mitigation site relative to other landscape features, habitat types, locations of photographic reference points, transects, sampling data points, and/or other features pertinent to the mitigation plan. In addition, the submitted maps and plans should clearly delineate the mitigation site perimeter(s). Each map or diagram should be formatted to print on a standard 8½ " x 11" piece of paper and include a legend and the location of any photos submitted for review.

As-built plans may be included.

E. Conclusions (1 page): A general statement shall be included that describes the conditions of the compensatory mitigation project. If performance standards are not being met, a brief explanation of the difficulties and potential remedial actions proposed by the Permittee or sponsor, including a timetable, shall be provided. The Department will ultimately determine if the mitigation site is successful for a given monitoring period.

o Monitor transect locations (PS-1, PS-2, and PS -3) are shown in Appendix M.1 (See attachments). If the compensatory mitigation fails to meet the performance standards 5 years after completion of the compensatory mitigation objectives, the compensatory mitigation will be deemed unsuccessful. Within 60 days of notification by the FDEP that the compensatory mitigation is unsuccessful, the Permittee will submit to the FDEP an alternate compensatory mitigation proposal sufficient to create the functional lift required under this permit. The alternate compensatory mitigation proposal may be required to include additional mitigation to compensate for the temporal loss of wetland function associated with the unsuccessful compensatory mitigation activities. The FDEP reserves the right to fully evaluate, amend, and approve or reject the alternate compensatory mitigation proposal. Within 120 days of FDEP approval, the Permittee will complete the alternate compensatory mitigation proposal.

o The Permittee's responsibility to complete the required compensatory mitigation, as set forth in the permit Compensatory Mitigation Special Condition will not be considered fulfilled until mitigation success has been demonstrated and written verification has been provided by the Department. A mitigation area which has been released will require no further monitoring or reporting by the Permittee. However, the Permittee or subsequent Transferee will remain perpetually responsible to ensure that the mitigation area(s) remain in a condition appropriate to offset the authorized impacts.

SPECIFIC CONDITIONS - LISTED SPECIES

26. This permit does not authorize the permittee to cause any adverse impact to or “take” of state listed species and other regulated species of fish and wildlife. Compliance with state laws regulating the take of fish and wildlife is the responsibility of the owner or applicant associated with this project.

Please refer to Chapter 68A-27 of the Florida Administrative Code for definitions of “take” and a list of fish and wildlife species. If listed species are observed onsite, FWC staff are available to provide decision support information or assist in obtaining the appropriate FWC permits. Most marine endangered and threatened species are statutorily protected and a “take” permit cannot be issued.

Requests for further information or review can be sent to FWCConservationPlanningServices@MyFWC.com.

27. Eastern Indigo Snake: The permittee shall comply with the attached U.S. Fish and Wildlife Service’s “Standard Protection Measures for the Eastern Indigo Snake” dated August 1, 2017 If an eastern indigo snake is encountered, the snake shall be allowed to vacate the area prior to additional site manipulation in the vicinity. Holes, cavities, and snake refugia other than gopher tortoise burrows shall be inspected each morning before planned site manipulation of a particular area, and if occupied by an indigo snake, no work shall commence until the snake has vacated the vicinity of the proposed work.

28. Wood Stork: The permittee shall comply with the approved wetland mitigation and monitoring requirements specified in the Florida Department of Environmental Protection State 404 permit, specifically creation of 2.56 acres of herbaceous wetlands as mitigation for impacts within the core foraging area.

29. Gopher Tortoise: Within 90 days prior to commencing any site preparation activities, a gopher tortoise burrow survey shall be conducted covering potentially suitable habitat on the subject property. Potentially suitable habitat may include, but is not limited to, sandhill, scrub, scrubby flatwoods, pine flatwoods, dry prairies, xeric hammock, mixed pine-hardwoods, old fields, agricultural lands, ruderal areas, and a variety of disturbed habitats and areas having relatively well-drained sandy soils. Surveys shall be conducted in accordance with the following methods.

a. One or multiple observers shall systematically search for gopher tortoise burrows along evenly spaced, parallel belt transects.

b. Sufficient distance shall exist between each observer to ensure that transects do not overlap.

The width of each transect shall allow for 100% detection of burrows within the transect.

c. The location of burrows observed within or partially within each transect shall be recorded with sub-meter accuracy GPS. Burrows shall be marked with flagging tape indicating its unique identifying label and burrow activity class.

i. Potentially Occupied Burrows – burrows with obvious signs of use and minimal or no sign of use. These burrows appear in good repair with a half-moon shaped entrance and may have tortoise tracks or scrapes clearly visible on the burrow floor or on the mound. The burrow floor may contain loose soil or it may be hard-packed, and the mound may or may not have vegetation growing on it.

ii. Abandoned Burrows – these burrows lack the half-moon shaped entrance; appear unused or dilapidated with an entrance that is partially or completely collapsed; the burrow may also be partially or completely filled with soil or leaves.

2. If site preparation or other project activities do not commence within 90 days of the gopher tortoise burrow survey, an additional survey shall be conducted.

3. Gopher tortoise burrow surveys shall encompass any areas having potentially suitable habitat within 25 feet of all project activities, including habitats that extend onto adjacent properties. If lawful access cannot be achieved to adjacent properties, surveys may be conducted by visual inspection from the subject property boundary.

4. If maintaining the required buffer is not possible, the permittee shall contact the Florida Fish and Wildlife Conservation Commission Gopher Tortoise Program Coordinator at

(850) 921-1031 or GTPermits@MyFWC.com for additional information.

30. Florida Sandhill Crane:

1. Surveys for nesting Florida sandhill cranes shall be conducted within the project boundary during the breeding season (December 1 – August 30) within 30 days prior to commencing any clearing or project activities. Surveys shall include either one aerial survey or two ground surveys in accordance with the following methodologies.

a. Aerial Surveys:

i. Aerial transects shall cover 100% of the suitable nesting habitat.

ii. Survey transects shall be conducted at a minimum altitude of 250 feet. Sandhill cranes may react differently to different types of aircraft, and altitude shall be adjusted to prevent disturbance.

b. Ground Surveys:

i. Surveys shall be conducted between dawn and 10 a.m. or between 4 p.m. and dusk. Sandhill crane breeding pairs engage in “unison calling” early in the morning or when switching incubation duties, which can help identify habitat areas used for nesting.

ii. Observation points shall be spaced to provide approximately 100% coverage of suitable habitat. A lone adult sandhill crane observed foraging during the breeding season is a good indicator that nesting may be occurring nearby.

2. If active Florida sandhill crane nests are found, a buffer of 400 feet (122 meters) shall be demarcated around each nest site. The buffer zone shall be clearly visible to all personnel associated with the project. The perimeter of the buffer zone shall be demarcated with material with an open design that allows ingress and egress for adult cranes and chicks. Examples of acceptable materials include 3-4 foot (91-122 cm) tall stakes with a single line of string or rope, suspended at least 18 inches (46 cm) off of the ground, or three strand barbed wire with the bottom wire at least 18 inches (46 cm) off the ground. Silt fencing is discouraged, but if it must be used, leave regularly spaced gaps at least every 0.3-mile that are either: sized at least 24 inches (61 cm) wide or the silt fencing is staggered to allow passage by chicks.

3. No pedestrian traffic, vehicle operations, site preparation, staging, clearing, or project activities shall occur within the 400-foot (122-meter) buffer.

4. If nesting is discovered after site activities have begun, or if any of the conditions above cannot be met, the permittee shall contact the Florida Fish and Wildlife Conservation Commission Protected Species Permit Coordinator at (850) 921- 5990 or WildlifePermits@MyFWC.com for more information.

Additional information and guidance for conducting Florida sandhill crane surveys can be found in the Florida Sandhill Crane Species Conservation Measures and Permitting Guidelines (https://myfwc.com/media/11565/final-florida-sandhill-crane-species-guidelines-2016.pdf).

31. Least Terns:

• Conduct construction activities outside of the breeding season (generally April through August) if feasible, or,

• If the site is cleared during the breeding season, clear the site only when ready to build, and

• Avoid leaving cleared areas with little to no activity for an extended amount of time.

If nesting is observed, FWC staff are available to discuss necessary nest buffers and potential permitting alternatives. For additional information, please refer to FWC's Breeding Bird Protocol for Florida's Seabirds and Shorebirds located at the following web address: https://public.myfwc.com/crossdoi/shorebirds/PDF-files/BreedingBirdProtocol.pdf.

SPECIFIC CONDITIONS - CONSTRUCTION COMPLETION

32. The permittee shall submit one set of signed, dated and sealed as-built drawings to the Department via the Department’s electronic submittal portal at FTMERP_Compliance@dep.state.fl.us. (two copies if submitting paper sets) for review and approval within 30 days of completion of construction. The as-built drawings shall be based on the Department permitted construction drawings and any pertinent specific conditions, which should be revised to reflect changes made during construction. Both the original design and constructed elevations must be clearly shown.

The plans must be clearly labeled as "as-built" or "record" drawings. Surveyed dimensions and elevations required shall be verified and signed, dated and sealed by a Florida registered professional. As-builts shall be submitted to the Department regardless of whether or not deviations are present. In addition, the permittee shall submit the “As-Built Certification and Request for Conversion to Operation Phase” form (Ch. 62-330.310(1), F.A.C.); as required in General Condition 6.

33. Borrow pit organic soils present within non-jurisdictional wetlands will be segregated and used within the mitigation creation area. Grading will include the over-excavation of the area by a depth of 6 inches and backfilling to proposed grade using fully processed mulch obtained from the adjacent landfill. Following mulch application, the mitigation area will be planted with native species as listed in Appendix M.1 (See attachments).

SPECIFIC CONDITIONS – OPERATION AND MAINTENANCE ACTIVITIES

34. Wetland maintenance will be conducted quarterly during the first year and semi-annually in years 2 and 3. Perpetual maintenance of the proposed created wetlands will be conducted by County staff.

Wetlands will be inspected twice per year to ensure that they are meeting success criteria identified in Specific Conditions 17 and 18. If nuisance/exotic treatment is needed, County staff or contractors will spot treat areas of nuisance/exotic species within one month of the inspection date to prevent spread of these undesirable species.

GENERAL CONDITIONS FOR STATE 404 PROGRAM INDIVIDUAL PERMITS

(1) General Conditions under section 62-331.054, F.A.C.:

(a) The permittee shall comply with all conditions of the permit, even if that requires halting or reducing the permitted activity to maintain compliance. Any permit violation constitutes a violation of Part IV of Chapter 373, F.S., and this Chapter, as well as a violation of the CWA.

(b) The permittee shall take all reasonable steps to prevent any unauthorized dredging or filling in violation of this permit.

(c) The permittee shall timely notify the Agency of any expected or known actual noncompliance.

(d) Upon Agency request, the permittee shall provide information necessary to determine compliance status, or whether cause exists for permit modification, revocation, or termination.

(e) Inspection and entry. The permittee shall allow the Agency, upon presentation of proper identification, at reasonable times to:

1. Enter upon the permittee's premises where a regulated activity is located or where records must be kept under the conditions of the permit,

2. Have access to and copy any records that must be kept under the conditions of the permit,

3. Inspect operations regulated or required under the permit, and

4. Sample or monitor, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location.

(2) Applicable General Conditions under section 62-330.350(1), F.A.C., modified to contain applicable references under Chapter 62-331, F.A.C. (remove those that are not applicable):

(a) 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 62-331.080, 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.

(b) 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.

(c) 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.

(d) 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.

(e) Unless the permit is transferred under rule 62-331.100, 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.

(f) 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:

1. 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

2. For all other activities “As-Built Certification and Request for Conversion to Operation Phase” [Form 62-330.310(1)].

3. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form.

(g) If the final operation and maintenance entity is a third party:

1. 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 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.

2. 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.

(h) 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.

(i) This permit does not:

1. 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.;

2. Convey to the permittee or create in the permittee any interest in real property;

3. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or

4. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee.

(j) 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.

(k) 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.

(l) The permittee shall notify the Agency in writing:

1. Immediately if any previously submitted information is discovered to be inaccurate; and

2. 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.

(m) 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.

(n) 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 sufficient by DHR and included as a specific permit condition herein.

(o) 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.

(p) 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 62-331, F.A.C., or cause violations of state water quality standards.

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 further 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@dep.state.fl.us. 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 21 days 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 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 will not apply to persons who have not received written notice of this action.

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@dep.state.fl.us, before the deadline for filing a petition for an administrative hearing.