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Resolution_05-03/04_10/06/2003
• RESOLUTION NO.5-03/04 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE CONTRACT WITH CABLE CONSTRUCTORS, INC., OF HAINES CITY, FLORIDA, WITH AN EXISTING CONTRACT PRICE IN THE AMOUNT OF $151,089.38, TO ADD $33,200.00 FOR THE STORMWATER IMPROVEMENTS ON TEQUESTA CIRCLE, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE, AND APPROPRIATING ADDITIONAL FUNDS AND BUDGETING SUCH FUNDS IN FISCAL YEAR 2004 IN THE STORMWATER UTILITY FUND #403 FOR SUCH PURPOSE. • NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: Amendment of the contract with Cable Constructors, Inc., of Haines City, Florida, in the existing amount of $151,098.38 to add $33,200.00 for the Stormwater Improvements on Tequesta Circle, which is hereby approved, and the Village Manager of the Village of Tequesta is authorized to execute the same on behalf of the Village, and authorizing additional funds to be appropriated and budgeted in the fiscal year 2004 in the Water Utility Fund #403 for such purpose. The change order is attached as Exhibit "A" and incorporated as part of this resolution. THE FOREGOING RESOLUTION WAS OFFERED by Council Member Genco, who moved its adoption. The .motion was seconded by Council Member von Frank, and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Edward D. Resnik Russell J. von Frank Joseph N. Capretta Geraldine A. Genco Pat Watkins • • The Mayor thereupon declared this Resolution duly passed and adopted this 6`h day of October, A.D., 2003. /~~.P.s! ~' ' ~ ~"A ,~ 11 ''Mayor EdwardWD. Resnik ATTEST: Acting V llage Clerk ~~ • • CHANGE ORDER • No. 3 PROJECT: PINE TREE DRIVE IMPROVEMENTS DATE OF ISSUANCE: SEPTEMBER 18, 2003 EFFECTIVE DATE: UPON OWNER APPROVAL :~ Date: `1-[B"03 OWNER: VILLAGE OF TEQUESTA OWNER's Contract No.: N/A CONTRACTOR: CABLE CONSTRUCTORS, INC. (CCI) ENGINEER: REESE, MACON & ASSOCIATES, INC. You are directed to make the following changes in the Contract Documents. Description: Tequesta Circle Outfall/Drainage Improvements Reason for Change Order. Establish unit costs for this extra work. Attachments: (List documents supporting change) Contractor Unit Price Schedule. CHANGE 1N CONTRACT PRICE: CHANGE 1N CONTRACT TIIvIES: Original Contract Price Original Contract Times Substantial Completion: 75 Days (Aug. 25, 2003) $61,941.38 Ready for final payment: 100 Days (Sept. 22, 2003) days or dates Net changes from previous Change Orders No. 1 to No. 2 Net change from previous Change Orders No. 1 to No. 2 $ 89 148.00 20 Da s Contract Price prior to this Change Order Contract Times prior to this Change Order $151,089.38 Substantial Completion: 95 Days (Sept. I5, Z003) Ready for final payment: 120 Days (Oct. 10, 2003) days or dates Net Increase of this Change Order Net Increase of this Change Order $33 200.00 20 Da s Contract Price with all approved Change Orders Contract Times with all approved Change Orders $184,289.38 Substantial Completion: 115: Days (Oct. 6, 2003) Ready for final payment: 140 Days (Oct. 31, 2003) da or dates RECOMMENDED: REESE, MACON & ASSOCIATES sy: ~ Engineer (Au 'zed Signatu THO C. JENSE APPROVED: VILLAGE OF TEQUESTA sy: _ Owner (Auth ignatu MICHAEL COUZZO, VIL MANAGER Date: g-68- 03, ACCEPTED: CCI sy: Contractor (Authorized Signature) RICHARD FORLIFER, EST. Date: G:~ElWP60~Change Orders~C03 03-l06 Pine Tree Ih.wpd Sep-~6-03 07:56A P: O1 °t'7`J/ 15/ •1lJk73 1 t): ~w tfbJ~JpVo~o \..4,1 J1 . ~ ra.~~..~....i .•~i . ..,.~. • 511 s Hwy. 17.92 w. Malnes City, FL 33844 Sita Davelopn4pnt Divfaion Snnbett Rogiort Phone: (863) 956-0818 Fax: (863) 956-Ui328 Vt1~LAG~ 4F T~E3TA~tJRe,,!~dcE SYSTEM ItV1PB~V MENT3 ~ TECau~sTA CIRC, ~ i ~ 1 crtiation MobUizstion incl. Dew$tering ,~( 1 ~ !„S y!Il~. ~~ ~6,ti00,00 Tom 66,a0o.o0 ? Core Existing &tructuras 3 EA 61,100.00 13,300.00 ~ Modify Extsting lntvt 1 EA 53,30o.a0 ;3,300.00 a tn0tatt NA3nhote wlrx~' Mote ~ trA s2,50o.0o i~,sQO.00 '~ 24" HOPE Solid Prollnk Pipe 160 LF =36,00 S6,2ti0.00 6 • tt1" PaKerated HDPE Fitae 60 t_F 625,00, S1,tj00.00 ~ Ext'iltratian Trench 1 ~ 17.600.00 ~t,600.00 BodJRsstorativn 1;30 SY 15.00 :3,250.00 Change Order Bttl Tptat 633,700,00 ._ .~ ,A_ jj ~(i p f i L ~ ~t _ .~ ~~ ~ R -~ a ~~ ~ ~ ~ ~uaftty sen~ice perlarmed oer a timely basis f • • • tiyi l5i [~b3 1F~: 54 8639560828 5115 Hwy. 17-92 W. Haines City, F133g4q. CCI SITE AEVELOPMENT Site Development division Seint~elt Fisgion Item e c ' 'on ~ Mobiiiration Incl. Dew$tering ? Corse Existing Sbuctures ~ Modii~t Existing Inlet 4 Install Manhole w/2'x2' Hale ~ 24" HDPE Solid Proiink Plpe 6 1a" Perl'erated HDPE Pipe ~ Exfiitration Trench 8 ~ Sod/Restoration Chance Order Bid Tote! PAGE 01/01 P~l1A= (863) 8s6-0818 Fax: (863) 956-0828 t' ~ u~ ~ ~ tal 1 ~ 16,500.00 :8,800.00 3 ~ 51,100.00 . i3*300.00 1 ~ 53,300.00 13,300.00 1 ~ S2,SOO.aO ;2,500.00 150 LF ;35.00 55,250.00 6v a_~ szs,oo ~ s1,5oa.oa 1 ~ 57,600.00 1T,fi00.6A ,650 SY u•~ 13,250.00 s33,200.a0 quality service perlonned on a timely basis Village of Tequesta Budget Amendment Request NCREASE: ~~~~-(~l~~Yl~~a ~~toh -tU~Acct. ~ G~ ~.l"YIO~' fn~r~~i ~ luh Acct # ~t-'03 `~~I ~ --G~~ 3 ~ 3~ Ir~gmal Budget Balance Available Transfer Amount New Balance Available ~ ~~ ,~ $: ~ ~~~ $ lea ~GX~ $ ~ c~~C? ustification: T,~'l(iYll"i~ C9fr~(~r' ~ €~r~•~~~-ri~c~ -1~T~ '~~,^ ~~n~''f~ro~ ~rrr;~ ~.r-lP~`I~i~~r, ~l'r~i~ r~.~-~~~t~~r~ _ Sept Iriginal Budget ustification: Acct Balance Available Sept Iriginal Budget ustification: Acct Balance Available DECREASE: ~e~T ~ ~`s1z`~ ~t~~t~`~z~i 3 ~`~l~ (`~1L-S Acct ~C~ ~ ~- •. Acct # ~I~~.>_ u~`)l~ _'~~~~r?R ij(~ Iriginal Bud et Balance Available ~~ Transfer Amount New Balance Available ustification: f ~-ie`~ ~cy~ ~~,-F ~ ,r €;-, n y ~ ~s~ ,~ fig r ~ ~ C~7 ~/~f1 Y1 r~-G7`a n~- _ R~^l r~ ~-in P~vt Sept Iriginal Budget ustification: Acct Balance Available Transfer Amount New Balance Available $ $ Sept Iriginal Budget ustification: Sept Head 'finance Approval 'ilia a Manager's Approval :o~ts Acct Balance Available Transfer Amount $ $ Date Date Date New Balance Available Acct # Transfer Amount New Balance Available $ $ Acct # Transfer Amount New Balance Available $ $ Acct # Acct # REVENUE/EXPENDITURE REPORT Village of Tequesta -------------------------------------- For the Period: 10/01/02 to 09/17/03 -------------------------------------- Fund: 903 Stormwater Utility Aev 34torm Water Utility Fees 36 nterest Income 361. PBC Tax Col-Interest on Dep 399.999 Appropriate Fund Balance Revenues Expenditures Dept: 250 Storm Water Utilities 512.100 Regular Salaries ~ Wages 514.100 Overtime 515.106 Clothing 6 Boot Allowance 521.101 FICA Taxes 521.102 Medicare Taxes 522.101 FRS Contributions 523.101 Life/Health Insurance 529.100 Workers' Comp Insurance 531.302 Engineering Services 531.342 Water Analysis ~ Sampling 532.300 Accounting ~ Auditing Services 534.300 Other Contractual Services 591.301 Postage 545.300 Insurance 546.302 Vehicle Repair 6 Maintenance 546.308 Drainage Maintenance 599.300 Other Misc Chgs d Obligations 549.301 Admin Mgmt Fees 549.304 Licenses 6 Fees 549.305 Environmental Protection Fees 552.301 Gas ~ Oil 552.302 Small Tools and Equipment 554.300 Books, Publ, Subs ~ Membership 559.301 Personnel Training 664.604 GIS Storm Water Utilities Dept: 313 Country Club Drive 663~rainage Imp-Cntry.Club Drive ountry Club Drive Dept: 320 Cypress Drive South 663.663 Drainage Improvements Cypress Drive South Dept: 900 Interfund Transfers 591.101 Trsf to IBR Interfund Transfers Dept: 950 Other Nonoperating 590.001 Allocate to Fund Balance Other Nonoperating Expenditures Net Effect for Stormwater Utility Change in Fund Balance: Grand Total Net Effect: Original Budget Amended Budget YTD Actual Date: 09/17/03 Time: 3:39pm Page: 1 --------------------------------------------------- CURR MTH Encumbered YTD Unenc. Balance 6 Bud 308,000.00 308,000.00 295,897.27 0.00 0.00 12,152.73 96.1 9,090.00 9,090.00 9,506.91 0.00 0.00 9,583.09 49.6 0.00 0.00 279.29 0.00 0.00 -274.29 0.0 0.00 39,133.35 0.00 0.00 0.00 39,133.35 0.0 317,090.00 356,223.35 300,628.47 0.00 0.00 55,594.88 84.4 16,950.00 18,000.00 16,385.94 0.00 0.00 1,614.06 91.0 250.00 250.00 13.05 0.00 0.00 236.95 5.2 0.00 50.00 50.00 0.00 0.00 0.00 100.0 1,150.00 1,150.00 953.07 0.00 0.00 196.93 82.9 260,00 260,00 222.88 0.00 0.00 37.12 85.7 1,050.00 1,250.00 1,027.76 157.26 0.00 222.24 82.2 4,250.00 4,250.00 3,605.55 16.15 0.00 564.45 86.7 1,509.77 1,929.77 1,928.96 0.00 0.00 0.81 100.0 5,000.00 12,663.00 7,662.87 0.00 0.00 5,000.13 60.5 l,ooo.oa l,ooo.oo o.oo o.oo o.oo l,ooo.ao o.o 3,000.00 3,000.00 2,720.00 0.00 0.00 280.00 90.7 10,000.00 10,000.00 8,610.29 0.00 783.76 605.95 93.9 1,200.00 1,200.00 25.00 0.00 0.00 1,175.00 2.1 3,900.00 3,900.00 0.00 0.00 0.00 3,900.00 0.0 800.00- 800.00 154.70 0.00 0.00 19.3 75,000.00 64,092.00 35,349.86 1,807.81 3,276.00 ~ 25,466.1 60.3 1,000.00 1,000.00 724.01 25.00 0.00 .99 72.9 8,000.00 8,290.00 7,553.26 0.00 0 686,74 91.7 2,500.00 3,780.00 3,780.00 0.00 .00 0.00 100.0 7,500.00 7,500.00 195.87 0.00 0.00 7,304.13 2.6 500.00 500.00 0.00 0.00 0.00 500.00 0.0 1,000.00 1,000.00 955.90 0.00 0.00 94.60 95.5 250.00 250.00 80.00 0. 0.00 170.00 32.0 l,ooo.oo l,ooo.oo o.oo .oo o.oo l,ooo.oo o.o 10,000.00 10,000.00 4,172.85 ---------0_00 --- ----------0_00 --^------5,827_15 --91_7 157,064.77 157,064.77 ~~ L 96,251. 2,006.22 4,059.76 56,753.69 63.9 25,000.00 25,000.00 ~ 0.00 0.00 0.00 25,000.00 0.0. ----------------- --- 25,000.00 -------------- - --- 25,000.00 `'~~. ----------- ---- 0.00 ------------- --- 0.00 -------------- 0.00 ----------------- 25,000.00 ------ 0.0 0.00 ----------------- -- 113,858,35 ------- ------ ---- - 113,858.35 - 0.00 ------------ - 0.00 0.00 -------------- 100.0 ------ - 0.00 - - 113,858.35 ----------- --- 113,858.35 - --- 0.00 ------------- 0.00 --- 0.00 100.0 60,300.00 ----------------- -- 60,300.00 ------------ 60,300.00 0.00 -- 0.00 0.00 - ----------- 100.0 ------ - 60,300.00 - - ------ 60,300.00 ----------- ---- 60,300.00 ----------- --- 0.00 -------------- 0.00 ---- - 0.00 100.0 74,725.00 ----------------- 0.00 ------ - - 0.00 0.00 0.00 0.00 - --- ------- 0.0 -- - --- 79,725.00 - --- -- ------ 0.00 ----------- ---- 0.00 ------------- --- 0.00 -------------- 0.00 ---- - - 0.00 - -- 0.0 ----------------- --- 317,089.77 -------------- ------ 356,223.12 ----------- ---- 270,409.67 ------------- --- 2,006.22 -------------- 4,059.76 ----------------- 81,753.69 ------ 77.0 ----------------- --- 0.23 -------------- ------- 0.23 ---------- ---- 30,218.80 ------------- ---- -2,006.22 ------------- -9,059.76 ----------------- -26,158.81 ------ -***.* 30,218.80 ----------------- --- 0.23 -------------- ------ 0.23 ----------- ---- 30,218.80 ------------- --- -2,006.22 -------------- -4,059.76 ----------------- -26,158.81 ------ -***.* • PURCHASE-ORDER VILLAGE OF TEQUESTA Post Office Box 3273 Tequesta, Florida 33469-0273 (561) 575-6200 • Fax: (561) 575-6203 DATE DATE REQUIRED • • PAGE 06/10/2003 06/10/2003 861 1 VENDOR NO.: 2302 V E N D O R CCI-SITE DEVELOPMENT DIVISION CABLE CONSTRUCTORS INC 5115 HIGHWAY 17-92 WEST HAINES CITY FL 33844 S H I P T O UTILITIES DEPARTMENT VILLAGE OF TEQUESTA 136 BRIDGE ROAD TEQUESTA FL 33469 SHIP VIA ORDERED BY RUSSELL WHITE F.O.B. P.O.TYPE Blanket TERMS REO.NO. 442 PINE TREE DRIVE EXTENSION E.I.N.59-6044081 FL STATE SALES TAX EXEMP. CERT. # 60-43-113759-54C ~® • ' 61,941.380 INE TREE DRIVE EXTENSION ~ $1.0000 $61,941.38 01-412-663.611 P.T. Exten $45,000.0000 01-000-115.000 A/R $16,941.3800 Total: $61,941.38 ~... • i ~ ~" ~ ~ ~ r`y ~.~ PU SE ORDER NUMBER MUST APPEAR ON ALL INV~S, PACKAGES, AND SHIPPING DOCUMENTS. DELIVERIES WILL BE ACCEPTED MONDAY THRU FRIDAY 8:30 AM - 4:00 PM 3~ ~ `~ ::...~ t APPROVED BY-' - ~AUTHO ZE SIGNATUR FINANCE Village of Tequesta Purchase Order Requisition - {Not a Purchase Order) Date: 5/29/03 Date Purchase Order is Req'd: ASAP Department: Utilities Req. #: ~ ~~ Quotes Received: (See Attached) Vendors Bids 1 Recommended Vendor: Vendor #: CCI /Site Development Div. Cable Constructors, Inc. .Address: 5115 Hi hwa 1T-92 West 2 City: Haines Ci 3 State & Zip: 33844 Comments: A roved B Villa a Council A ril 10, 2003, Resolution # 31- 02/03 $45,000.00 bud eted, ro'ect includes low ressure sewer to be reimbursed b the Loxahatchee River District Manuf./ Available Balance Item Descri lion Part# Q Unit Price Total Cost Account # Finance Use Onl i etree Drive $61,941.38 ySvDO. ~ $C~44~- 401-412-663.611 ~ y 5~1 x.0(.0 provements ~ I(o941.3~ 401-OLI~_(~s I~Op ~~ ~~ ~ I 1S (~ ~~03 Total: $61,941.38 Fin/ance/A~dmini~strative Use Only: De artment Head Si nature: K • ~ti1.-~r~-• Date: S- ~~3 jnce Director Si nature: ~~~~ Date: ~ / ~1~ Vill ana er Approval: ~ Date: y4 ~/ao Village Council A proval: ~S Resolution #: 3 ~- O Z O 3 Date: ~ ~ a D .3 PO#: ~ ~ I Processed By: ~~,1,l.Vf ~ Date: ~ o /I d /D ~~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT SURFACE WATER MANAGEMENT GENERAL PERMIT N0.50-00682-S DATE ISSUED: September 19, 2003 Form #0942 OS/95 PERMITTEE: VILLAGE OF TEQUESTA 357 TEQUESTA DR TEQUESTA, FL 33467 PROJECT DESCRIPTION: Construction and operation of a surface water management system to serve a 6.41- acre project known as Stormwater Improvements for Tequesta Circle. PROJECT LOCATION: PALM BEACH COUNTY, SEC 26 TWP 40S RGE 42E PERMIT DURATION: See Special Condition No:1. See attached Rule 40E-4.321, Florida Administrative Code. This is to notify you of the District's agency action concerning Permit Application No. 020729-1, dated July 29, 2002. This action is taken pursuant to Rule 40E-1.606 and Chapter 40E-40, Florida Administrative Code (F.A.C.). Based on the information provided, District rules have been adhered to and a Surface Water Management General Permit is in effect for this project subject to: Not receiving a filed request for a Chapter 120, Florida Statutes, administrative hearing. 2. the attached 19 Standard Limiting Conditions (See Pages : 2 - 3 of 5 ), 3. the attached 11 Special Conditions (See Pages : 4 - 5 of 5) and 4. the attached 3 Exhibit(s). ould you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you ire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this tter. 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. CERTIFICATE OF SERVICE I HEREBY CERTf Y that a "Notice of Rights" has been mailed to the Permittee (and the persons listed in the attached trib io list} no later tha 5:00 p.m. on this 19th day of September, 2003, in accordance with Section 120.60(, Flo a atu s. ~ BY: A ony ~at rho e, P.E. irector -Surf a ater Management ~:~ Palm Beach Service Center CeFtfied mail number 7003 1010 0004 2586 5710 Page 1 of 5 • Application No. 020729-1 Page 2 of 5 • STANDARD LIMITING CONDITIONS 1. The permittee shall implement the work authorized in a manner so as to minimize any adverse impact of the works on fish, wildlife, natural environmental values, and water quality. The permittee shall institute necesssary measures during the construction period, including full compaction of any fill material placed around newly installed structures, to reduce erosion, turbidity, nutrient loading and sedimentation in the receiving waters. 2. Water quality data for the water discharged from the permittee's property or into surface waters of the State will be submitted to the District as required by Section 5.9, "Basis of Review for Surface Water Management Permit Applications within South Florida Water Management District". Parameters to be monitored may include those listed in Chapter 62-302, F.A.C.. If water quality data is required, the permittee shall provide data on volumes of water discharged, including total volume discharged during the days of sampling and total monthly discharges from the property or into surface waters of the State. 3. This permit shall not relieve the permittee of any obligation to obtain necessary federal, State, local or special district approvals. 4. The operation phase of this permit will not become effective until the District's acceptance of certification of the completed surface water management system. The permittee shall request transfer of the permit to the responsible operation entity accepted by the District, if different from the permittee. The transfer request can be submitted concurrently with the construction completion certification. 5. All road elevations shall be set in accordance with the criteria set forth in Section 6.5, "Basis of Review for Surface Water Management Permit Applications within South Florida Water Management District". 6. All building floor elevations shall be set in accordance with the criteria set forth in Section 6.4, "Basis of Review for Surface Water Management Permit Applications within South Florida Water Management • District ". 7. Off-site discharges during construction and development will be made only through the facilities authorized by this permit. 8. A permit transfer to the operation phase shall not occur until a responsible entity meeting the requirement in Section 9.0, "Basis of Review for Surface Water Management Permit Applications within South Florida Water Management District" has been established to operate and maintain the system. The entity must be provided with sufficient ownership or legal interest so that is has control over all water managment facilities authorized herein. s. The permit does not convey to the permittee any property rights or privileges other than those specified in the permit and Chapter 40E-4, F.A.C.. 10. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, operation, maintenance or use of any facility authorized by the permit. t 1. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse impacts. t2. Within 30 days of issuance of this permit, the permittee or authorized agent shall notify the District (via the supplied construction commencement notice or equivalent) of the actual or anticipated construction start date and the expected completion date. • 13. When the duration of construction exceeds one year, the permittee or authorized agent shall submit Application No. 020729-1 Page 3 of 5 • STANDARD LIMITING CONDITIONS construction status reports on an annual basis (via the supplied annual status report or equivalent) beginning one year after the initial commencement of construction. 14. Within 30 days after completion of construction of the surface water management system, the permittee or authorized agent shall file a written statement of completion and certification by a Florida registered professional engineer. These statements must specify the actual date of construction completion and must certify that all facilities have been constructed in substantial conformance with the plans and specifications approved by the District (via the supplied construction completion/certification or equivalent). The construction completion certification must include, at a minimum, existing elevations, locations and dimensions of the components of the water management facilities. Additionally, if deviations from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. 15. Within 30 days of any sale, conveyance or other transfer of any of the land which is proposed for development under the authorization of this permit, the permittee shall notify the District of such transfer in writing via either Form 0483, Request for Permit Transfer; or Form 0920, Request for Transfer of Surface Water Managment Construction Phase to Operation Phase (to be completed and submitted by the operating entity), in accordance with Sections 40E-1.6105 AND 40E-4.351, F.A.C.. 16. A prorated share of surface water management retention/detention areas, sufficient to provide the required flood protection and water quality treatment, must be provided prior to occupancy of any building or residence. 17. Astable, permanent and accessible elevation reference shall be established on or within one hundred (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. • i8. It is the responsibility of the permittee to insure that adverse off-site water resource related impacts do not occur during construction. 19. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E-20.302(4), F.A.C.. • Application No. 020729-1 Page 4 of 5 SPECIAL CONDITIONS • 1. The construction phase of this permit shall expire on September 19, 2008. Operation of the surface water management system shall be the responsibility of the permittee. 3. Discharge Facilities: 145 LF of 2' dia. HIGH DENSITY POLYETHYLENE culvert. Receiving body :North Fork of Loxahatchee River Control elev : 3 feet NGVD. 1-3' WIDE SHARP CRESTED weir with crest at elev. 5.5' NGVD. Receiving body :North Fork of Loxahatchee River Control elev : 3 feet NGVD. 4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. 5. Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not occur in the receiving water. 6. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 7. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. • 8. Astable, permanent and accessible elevation reference shall be established on or within one hundred (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. 9. The permittee shall provide routine- maintenance of all of the components of the surface water management system in order to remove all trapped sediments/debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 10. All special conditions and exhibits previously stipulated by permit number 50-00682-S remain in effect unless otherwise revised and shall apply to this modification. 11. The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel are responsible for observing water-related activities for the presence of manatee(s). The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972, The Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act. Siltation barriers shall be made of material in which manatees cannot become entangled, are properly secured, and are regularly monitored to avoid manatee entrapment. Barriers must not block manatee entry to or exist from essential habitat. All vessels associated with the construction project shall operate at "no wake/idle" speeds at all times while in the construction area and while in water where the draft of the vessel provides less than afour- foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. • Application No. 020729-1 Page 5 of 5 SPECIAL CONDITIONS • If manatee(s) are seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 50 feet of a manatee. Operation of any equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of that equipment. Activities will not resume until the manatee(s) has departed the project area of its own volition. Any collision with and/or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888- 404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-232-2580) for north Florida or Vero Beach (1-561-562-3909) in south Florida. Temporary signs concerning manatees shall be posted prior to and during all construction/dredging activities. All signs are to be removed by the permittee upon completion of the project. A sign measuring at least 3 ft. by 4 ft. which reads Caution: Manatee Area will be posted in a location prominently visible to water related construction crews. A second sign should be posted if vessels are associated with the construction, and should be placed visible to the vessel operator. The second sign should be at least 81/2" by 11" which reads Caution: Manatee Habitat. Idle speed is required if operating a vessel in the construction area. All equipment must be shutdown if a manatee comes within 50 feet of operation. Any collision with and/or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888-404- FWCC. The U.S. Fish and Wildlife Service should also be contacted in Jacksonville (1-904-232-2580) for north Florida or in Vero Beach (1-561-562-3909) for south Florida. SURFACE WATER MANA~~MENT CHAPTER 40E-4 (4/94) • 40E-4.321 Duration of Permits (1) Unless revoked or otherwise modified pursuant to Rules 40E-9.331 and 40E-4.441, F.A.C., the duration of a surface water management permit issued under this chapter is as follows: (a) Two years from the date of issuance for Conceptual Approval, unless within that period an application for a constnxtion and operation permit Is filed for any portion of the project. If an applicatpn for a construction and operation permit is filed, then the Conceptual Approval remains valid until final action is taken on the application. If the application Is g2nted, then the Conceptual Approval Is valid fix an additbnal two years from the date of issuance of the construction and operation permit: CAnceptual Approvals which have no applications fnr construction and operation filed for a period of two years will expire automatically. (b) Five years from the date of issuance for a construction permit. (c) Perpetual for an operation permit. (2) The Governing Board shall Issue permit extensions provided that a permittee files a written request with the District showing good cause. For the purpose of this rule, good cause shall mean a set of extenuating circumstances outside of the control of the permittee. Requests for extensions, which shall include documentation of the extenuating circumstances and how they have delayed this project, will not be accepted more than 180 days prior to the expiration date. (3) For a Conceptual Approval filed concurrently with a devebpment of regional impact (DRI) application for development approval (ADA) and a local government comprehensive amendment, the duration of the Conceptual Approval shall be two years fran whichever one of the folbwing occurs a the latest date: (a) the effective date of the bcal govemmenYs corriprehensive plan amendment, (b) the effective date of the kxal government deveopment order, or (c) the date on which the District issues the Conceptual Approval, or (d) the latest date of the resolution of any Chapter 120 or other legal appeaEs. (4) Substantial modifications to Conceptual Approvals will extend the duraY~on of the • Conceptual Approval for two years from the date of issuance of the modification. For the purposes of this section, the tens "substantial modification" shall mean a modificatpn which is reasonably expected m lead to substantially different water resource or environmental impacts which require a detailed review. (5) Modifications to construction permits issued pursuant to a format permit application extend the duration of the permit for three years from the hate of issuance of the modification. Construction permit modifcatbns do not extend the duration of a Conceptual Approval. (6) Permit modifxaCpns issued pursuant to subsection 40E-4.331(2)(b), F.A.C. (letter modifications) do not extend the duration of a permit. Spetific authority 373.044, 373.113 F.S. Law Implemented 373.413, 373.416(1) F.S. History--New 9-3-81, Amended 1- 31-82, 12-1-82, Formerly 16K-4.07(4), Amended 7-1-86, 4/20/94. • NOTICE OF RIGHTS coon 120.569(1), Fia. Stat. (1999), requires that "each notice shall inform the recipient of any administrative hearing cr dicial review that is available under this section, s. 120.57, or s. 120.68; shall indicate the procedure which must be followed to obtain the hearing or judicial review, and shall state the time limits which apply." Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. Petition for Administrative Proceedings 1. A person whose substantial interests are affected by the South Florida Water Management District's (SFWMD) action has the right to request an administrative hearing on that action. The affected person may request either a formal or an informal hearing, as set forth below. A point of entry into administrative proceedings is governed by Rules 28-106.111 and 40E-1.511, Fla. Admin. Code, (also published as an exception to the Uniform Rules of Procedure as Rule 40E-0.109), as set forth below. Petitions are deemed filed upon receipt of the original documents by the SFWMD Clerk. a. Formal Administrative Hearing: If a genuine issue(s) of material fact is in dispute, the affected person seeking a formal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(1), Fla. Stat. or for mediation pursuant to Section i 20.573, Fla. Slat. within 21 days, except as vided in subsections c. and d. below, of either written ice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-106.201(2), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. b. Informal Administrative Hearing: If there are no issues of material fact in dispute, the affected person seeking an informal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition far hearing pursuant to Sections 120.569 and 120.57(2), Fla. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-106.301(2), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. c. Administrative Complaint and Order: If a Respondent objects to a SFWMD Administrative Complaint and Order, pursuant to Section 373.119, Fla. Slat. (1997), the person named in the Administrative Complaint and Order may file a petition for a hearing no r than 14 days after the date such order is served. itions must substantially comply with the requirements of either subsection a. or b. above. d. State Lands Environmental Resource Permit: Pursuant to Section 373.427, Fla. Slat., and Rule 40E-1.511(3), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2)(c)), apetition objecting to the SFWMD's agency action regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Submerged Lands (SLERPs), must be filed within 14 days of the notice of consolidated intent to grant or deny the SLERP. Petitions must substantially comply with the requirements of either subsection a. or b. above. e. Emergency Authorization and Order: A person whose substantial .interests are affected by a SFWMD Emergency Authorization and Order, has a right to file a petition under Sections 120.569, 120.57(1), and 120.57(2), Fla. Stat., as provided in subsections a. and b. above. However, the person, or the agent of,the person responsible for causing or contributing to the emergency conditions shall take whatever action necessary to cause immediate compliance with the terms of the Emergency Authorization and Order. f. Order for Emeroency Action: A persor, whose substantial interests are affected by a SFWMD Order for Emergency Action has a right to file a petition pursuant to Rules 28-107.005 and 40E-1.611, Fla. Admin. Code, copies of which are attached to this Notice of Rights; and Section 373.119(3}, Fla. Stat., for a hearing on the Order. Any subsequent agency action or proposed agency action to initiate a formal revocation proceeding shall be separately noticed pursuant to section g. below. g. Permit Suspension. Revocation. Annulment, and Withdrawal: If the 5FWMD issues an administrative complaint to suspend, revoke, annul, or withdraw a permit, the perrnittee may request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Fla. Slat., within 21 days of either written notice through mail or posting or publication of notice that the SFWMD .has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-107.004(3), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. 2. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the SFWMD's final action may be different from the position taken by it previously. Persons whose substantial interests may he affected by Revised August, 2000 ary such final decision of -the SFWMD shall have, rsuant to Rule 40E-1.511(2), Fla. Admin. Code (also ~blished as an exception to the Uniform Rules of rocedure as Rule 40E-0.109{2){c)), an additional 21 days from the date of receipt of notice of said decision to request an administrative hearing. However, the scope of the administrative hearing shall be limited to the substantial deviation. 3. Pursuant to Rule 40E-1.511(4), Fla. Admin. Code, substantially affected persons entitled to a hearing pursuant to Section 120.57(1), Fla. Stat., may waive their right to such a hearing and request an informal hearing before the Governing Board pursuant to Section 120.57(2), Fla. Stat., which may be granted at the option of the Governing Board. 4. Pursuant to Rule 28-106.111(3), Fla. Admin. Code, persons may file with the SFWMD a request for extension of time for filing a petition. The SFV`JMD, for good cause shown, may grant the extension. The request for extension must contain a certificate that the petitioner has consulted with all other parties, if any, concerning the extension and that the SFWMD and all other parties agree to the extension. CIRCUIT COURT 5. Pursuant to Section 373.617, Fla. Stat., any stantially affected person who claims that final agency ction of the SFWMD relating to ,permit .decisions constitutes an unconstitutional taking of property without just compensation may seek judicial review of the action in circuit court by filing a civil action in the circuit court in the judicial circuit in which the affected property is located within 90 days of the rendering of the SFWMD's final agency action. 6. Pursuant to Section 403.412, Fla. Stat., any citizen of Florida may bring an action for injunctive relief against the SFWfv1D to compel the SFWMD to enforce the laws of Chapter 373, Fla. Stat., and Title 40E, Fla. Admin. Code. The complaining party must file with the SFWMD Clerk a verified complaint setting forth the facts upon which the complaint is based and the manner in which the complaining party is affected. If the SFWMD does not take appropriate action on the complaint within 30 days of receipt, the complaining Party may then file a civil suit for injunctive relief in the 15 n Judicial Circuit in and for Palm Beach County or circuit court in the county where the cause of action allegedly occurred. 7. Pursuant to Section 373.433, Fla. Stat., a private citizen of Florida may file suit in circuit court to quire the abatement of any stormwater management tem, dam, impoundment, reservoir, appurtenant work or rks that violate the provisions of Chapter 373, Fla. Stat. DISTRICT COURT OF APPEAL 8. Pursuant to Section 120.68, Fla. Slat., a party vrho is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. LAND AND WATER ADJUDICATORY COMMISSION 9. A party to a "proceeding below" may seek review by the Land and Water Adjudicatory Commission (FLAWAC) of SFWMD's final agency action to determine if such action is consistent with the provisions and purposes of Chapter 373, Fla. Stat. Pursuant to Section 373.114, Fla. Stat., and Rules 42-2.013 and 42-2.0132, Fla. Admin. Code, a request for review of (a) an order or rule of the SFWMD must be flied with FLAWAC within 20 days after rendition of the order or adoption of the rule sought to be reviewed; (b) an order of the Department of Environmental Protection (DEP) requiring amendment or repeal of a SFWMD rule must be filed with FLAWAC within 30 days of rendition of the DEP's order, and (c) a SFWMD order entered pursuant to a formal administrative hearing under Section 120.57(1), Fla. Stat., must be filed no later than 20 days after rendition of the SFWMD's final order. Simultaneous with filing, a copy of the request for review must be served on the DEP Secretary, any person named in the SFINMD or DEP final order, and aU parties to the proceeding below. A copy of Rule 42-2.013, Fla. Admin. Code is attached to this Notice of Rights. PRIVATE PROPERTY RIGHTS PROTECTION ACT 10. A property owner who alleges a specific action of the SFWMD has inordinately burdened an existing use of the real property, or a vested right to a specific use of the real property, may file a claim in the circuit court where the real property is located within 1 year of the SFWMD action pursuant to the procedures set forth in Subsection 70.001(4)(a), Fla. Stat. LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION 11. A property owner who alleges that a SFWMD development order (as that term is defined in Section 70.51(2)(a), Fla. Stat. to include permits) or SFWMD enforcement action is unreasonable, or unfairly burdens the use of the real property, may file a request for relief with the SFWMD within 30 days of receipt of the SFWMD's order or notice of agency action pursuant to the procedures set forth in Subsections 70.51(4) and (6), Fla. Stat. MEDIATION 12. A person whose substantial interests are, or may be, affected by the SFWMD's action may choose mediation as an alternative remedy under Section 120.573, Fla. Stat. Pursuant to Rule 28-106.111(2), Fla. Admin. Code, the petition. for mediation shall be filed within 21 days cf either written notice through mail or posting cr Revised August: 2000 publication of notice that the SFWMD has or intends to take final agency action. Choosing mediation will not affect right to an administrative hearing if mediation does not cult in settlement. Pursuant to Rule 28-106.402, Fla. Admin. Code, the contents of the petition for mediation shall contain the following information: (1) the name, address, and telephone number of the person requesting mediation and that person's representative, if any; (2) a statement of 'the preliminary agency action; (3) an explanation of how the person's substantial interests will be affected by the agency determination; and (4) a statement of relief sought. As provided in Section 120.573, Fla. Stat. (1997), the timely agreement of all the parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Fla. Stat., for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within 60 days of the execution of the agreement. If mediation results in settlement of the dispute, the SFWMD must enter a final order incorporating the agreement of the parties. Persons whose substantial interest will be affected by such a modified agency decision have a right to petition for hearing within 21 days of receipt. of the -final order in ordance with the requirements of Sections 120.569 and .57, Fla. Stat., and SFWMD Rule 28-106.20?(2), Fla. Admin. Code. If mediation terminates without settlement of the dispute, the SFWMD shall notify all parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Fla. Stat., remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action. VARIANCES AND WAIVERS 13. A person who is subject to regulation pursuant to a SFWMD rule and believes the application of that rule will create a substantial hardship or will violate principles of fairness {as those terms are defined in Subsection 120.542(2), Fla. Stat.) and can demonstrate that the purpose of the underlying statute will be or has been achieved by other means, may file a petition with the SFWMD Clerk requesting a variance from or waiver of the SFWMD rule. Applying for a variance or waiver does not substitute or extend the time for filing a petition for an administrative hearing or exercising any other right that a person may have concerning the SFWMD's action. Pursuant to Rule 28-104.002(2), Fla. Admin. Code, the petition must include the following information: (a) the caption shall read: tion for (Variance from) or (Waiver of} Rule (Citation) (b) The name, address, telephone number and any facsimile number of the petitioner; (c) The name, address telephone number and any facsimile number of the attorney or qualified representative of the petitioner, (if any); (d) the applicable rule or portion of the rule; (e) the citation to the statue Lhe rule is implementing; (f) the type of action requested; (g) the specific facts that demonstrate a substantial hardship or violation of principals of fairness that would justify a waiver or variance for the petitioner; (h) the reason avhy the variance or the waiver requested would serve the purposes of the underlying statute; and (i) a statement of whether the variance or waiver is permanent or temporary, If the variance or waiver is temporary, the petition shall include the dates indicating the duration of the requested variance or waiver. A person requesting an emergency variance from or waiver of a SFWMD rule must clearly so state in the caption of the petition. In addition to the requirements of Section i 20.542(5), Fla. Stat. pursuant to Rule 28- 104.004(2), Fla. Admin. Code, the petition must also include: a) the specific facts that make the situation an emergency; and b) the specific facts to show that, the petitioner will suffer immediate adverse effect unless the variance or waiver is issued by the SFWMD more expeditiously than the applicable timeframes set forth in Section 120.542, Fla. Stat. WAIVER OF RIGHTS 14. Failure to observe the relevant time frames prescribed above will constitute a waiver of such right. 28-106.201 INITIATION OF PROCEEDINGS (INVOLVING DISPUTED ISSUES OF MATERIAL FACT) (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number,rf known; (b) The name, address, and telephone number of the petitioner; 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, as well as the rules and statutes which entitle the petitioner to relief; and (f) A demand for relief. Revised August, 2000 28-106.301 INITIATION OF PROCEEDINGS • (NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT) (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representati~de, 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 decisicn; (d) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (e) A demand for relief. 28-107.004 SUSPENSION, REVOCATION, ANNULMENT, OR WITHDRAWAL (3) Requests for hearing filed in accordance with this rule shalt include: (a) The name and address of the party making the request, for purposes of service; (b) A statement that the party is requesting a hearing olving disputed issues of material fact, or a hearing not ~Iving disputed issues of material fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the parry has received from the agency. 42-2.013 REQUEST FOR REVIEW PURSUANT TO SECTION 373.114 OR 373.217 (1) In any proceeding arising under Chapter 373, F.S., review by the Florida Land and Water Adjudicatory Commission may be initiated by the Department or a party by filing a request far such review with the Secretary of the Commission and serving a copy on any person named in the rule or order, and on all parties tv the proceeding which resulted in the order sought to be reviewed. A certificate of service showing completion of service as required by this subsection shall be a requirement for a determination of sufficiency under Rule 42-2.0132. Failure to file the request with the Commission within the time period provided in Rule 42-2.0132 shah result in dismissal of the request for review. (2) The request for review shall identify the rule or order requested to be reviewed, the proceeding in which the rule or order was entered and the nature of the rule or order. A copy of the rule or order sought to be reviewed shall be ached. The request for review shall state with ~icularity: (a} How the order or rule conflicts with the requirements, provisions and purposes of Chapter 373, F.S., or rules duly adopted thereunder; (b) How the rule or order sought to be reviewed affects the interests of the party seeking review; (c) The oral or written statement, sworn or unsworn, which was submitted to the agency concerning the master to be reviewed and the date and location of the statement, if the individual or entity requesting the review has not participated in a proceeding previously instituted pursuant to Chapter 120, F.S., on the order for which review is sought; (d) If review of an order is being sought, whether and how the activity authorized by the order would substantially affect natural resources of statewide or regional significance, or whether the order raises issues cf policy, statutory interpretation, or rule interpretation that have regional ar statewide significance from a standpoint of agency precedent, and all the factual bases in the record which the petitioner claims support such determination(s); and (e) The action requested to be -taken by the Commission as a result of the review, whether to rescind or modify the order, or remand the proceeding to the water management district for further action, or to require the water management district to initiate rulemaking to adopt, amend or repeal a rule. 28-107.005 EMERGENCY ACTION (1) If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency action, the agency shall summarily suspend, limit, or restrict a license. (2) the 14-day notice requirement of Section 120.569(2)(b), F. S., does not apply and shall not be construed to prevent a hearing at the earliest time practicable upon request of an aggrieved party. (3) Unless otherwise provided by law, within 20 days after emergency action taken pursuant to paragraph (1) of this rule, the agency shall initiate a formal suspension er revocation proceeding in compliance. with Sections 120.569, 120.57. and 120.60, F.S. 40E-1.611 EMERGENCY ACTION (1) An emergency exists when immediate action is necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. (2) The Executive Director may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance of an emergency order, or in the event an emergency order has been issued, after the expiration of the requisite time for compliance with that order. Revised August, 2600 • Last Date For Agency Action: 30-SEP-2003 GENERAL SURFACE WATER MANAGEMENT STAFF REPORT Project Name: Village Of Tequesta Country Club-Tequesta Circle Outfall Permit No.: 50-00682-S Application No.: 020729-1 Application Type: Surtace Water Management (General Permit Modification) Location: Palm Beach County, S26/T40S/R42E Permittee : Village Of Tequesta Operating Entity : Applicant Project Area: 6.41 acres Project Land Use: Residential Drainage Basin: LOXAHATCHEE RIVER Receiving Body: North Fork of the Loxahatchee River Class: OFW Special Drainage District: NA Conservation Easement To District : No • Sovereign Submerged Lands: No PROJECT-PURPOSE: Construction and operation modification of a surface water management system to serve a 6.41-acre residential project known as Stormwater Improvements for Tequesta Circle, Village of Tequesta. Staff recommends approval with conditions. • App.no.: 020729-1 Page 1 of 5 • PROJECT EVALUATION: "PROJECT SITE DESCRIPTION: The existing Tequesta Country Club development is located within the Village of Tequesta along the north fork of the Loxahatchee River (see Exhibit 1). The proposed new outfall serves a 6.41-acre drainage area at the intersection of Tequesta Circle and Country Club Drive as shown on Exhibit 2. The Applicant has indicated that severe rainfall events have resulted in overland sheetflow and overtopping of the existing seawall between lots 166 and 167 causing washout around the seawall. The existing drainage system within the immediate area consists of catch basins within the Tequesta Circle right-of-way and two reaches of exfiltration trench (79 and 62 linear feet) as shown on Exhibit 3. The existing inlets and exfiltration trenches shown on Exhibit 3 do not directly connect to other culverts and are not part of a large interconnected storm sewer system. The inlets and associated pipes have no outfall; the trench serves solely as a retention system. There are no wetlands or other surface waters located within or affected by the proposed project. PROPOSED PROJECT: The applicant has requested the construction of an outfall for a portion of the existing storm sewer system which serves a 6.41-acre drainage basin consisting of existing single family home lots and associated roadway. The Applicant proposes to add 51 linear feet of 6 feet wide by 3 feet deep exfiltration trench and an associated weir structure within an existing catch basin located upstream of .the proposed outfall culvert. The outfall consists of 145 linear feet of 24-inch HDPE culvert which will be constructed through • the existing seawall allowing discharge to the North Fork of the Loxahatchee River which is classified as an Outstanding Florida Water (OFW). Calculations were submitted demonstrating that recently constructed roadside swales within the contributing area, in conjunction with the existing and proposed additional exfiltration trench will serve to provide at total of 0.8 ac-ft of water quality treatment. This is equivalent to 1.5 inches over the 6.41-acre contributing area (see Exhibit 2 for a depiction of the basin boundaries). The provision of 150% of the standard water quality treatment volume is provided due to the receiving water body'- s designation as an OFW. Flood routings demonstrate that the existing peak discharge rate for the 25-year 72-hour design storm will be reduced from 19.1 to 10.6 cfs. The proposed project will provide an incremental increase in basin storage and will not increase design storm stages. WATER. QUANTITY :' Discharge Rate As shown in the table below, the proposed project discharge is within the allowable limit for the area. Discharge Storm Frequency : 25 YEAR-3 DAY Design Rainfall : 12.2 inches Basin Allow Disch Method Of Peak Disch Peak Stage (cfs) Determination (cfs) (ft, NGVD) SITE 10.6 Pre Vs Post 10.6 6.3 • App.no.: 020729-1 Page 2 of 5 • Control Elevation Basin Area Ctrl Elev WSWT Ctrl Elev Method Of (Acres) (ft, NGVD) (ft, NGVD) Determination SITE 6.41 3 Mean High Tide Receiving Body Basin Str.# Receiving Body Site Outfall CuIvE North Fork of Loxahatchee River Site Weir North Fork of Loxahatchee River Discharge Structures: Note: The units for all the elevation values of structures are (ft, NGVD) Culverts: Basin Str# Count Type Width Length Dia. SITE Outfall 1 High Density Polyethylene 145' 2' Culvert Weirs: Basin Str# Count Type -Width Height Length Dia. Elev. SITE Weir 1 Sharp Crested 3' 5.5 (crest) WATER ClIJALITY • The total water quality volume (1.5 inches) provided within the 6.41-acre drainage area is 0.8 ac-ft. 75% of the required volume (0.6 ac-ft) is provided within existing road-side swales and exiting exfiltration trench. The current project provides an additional 0.2 ac-ft of retention. No adverse water quality impacts are anticipated as a result of the proposed project. Erosion and turbidity control measures will be utilized during construction as shown on Exhibit 2. Basin Treatment Method Vol Req.d Vol Prov'd (ac-ft) (ac-ft) SITE Treatment Exfiltration Trench 51 LF 2.5 ft deep .2 .2 WETLANDS: No wetland areas are affected by the proposed activities. A mangrove area exist adjacent and water ward of the proposed outfall. No adverse impacts are anticipated to occur to the adjacent mangrove area. endangered Species: The project area does not contain preferred habitat for wetland-dependent endangered or threatened wildlife species or species of special concern. However, the adjacent submerged areas, provide habitat for the endangered West Indian manatee. To minimize potential impacts to manatees, the permittee will comply with manatee protection measures during construction, as indicated in Special Condition 11 of this permit. No adverse impact to these species is anticipated as a result of the proposed project. This permit does not relieve the applicant from complying with all applicable rules and any other agencies' • requirements if, in the future, endangered/threatened species or species of special concern are discovered on the site. App.no.: 020729-1 Page 3 of 5 CERTIFICATION AND'MAINTENANCE O~ THE WATER MANAGEMENT SYSTEM:: It is suggested that the permittee retain the services of a Professional Engineer registered in the State of Florida for periodic observation of construction of the surface water management (SWM) system. This will facilitate the completion of construction completion certification Form #0881 which is required pursuant to Section 10 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, and Rule 40E-4361(2), Florida Administrative Code (F.A.C.). Pursuant to Chapter 40E-4 F.A.C., this permit may not be converted from the construction phase to the operation phase until certification of the SWM system is submitted to and accepted by this District. Rule 40E-4.321(7) F.A.C. states that failure to complete construction of the SWM system and obtain operation phase approval from the District within the permit duration shall require a new permit authorization unless a permit extension is granted. For SWM systems permitted with an operating entity who is different from the permittee, it should be noted that until the permit is transferred to the operating entity pursuant to Rule 40E-1.6107, F.A.C., the permittee is liable for compliance with the terms of this permit. The permittee is advised that the efficiency of a SWM system will normally decrease over time unless the system is periodically maintained. A significant reduction in flow capacity can usually be attributed to partial blockages of the conveyance system. Once flow capacity is compromised, flooding of the project may result. Maintenance of the SWM system is required to protect the public health, safety and the natural resources of the state. Therefore, the permittee must have periodic inspections of the SWM system performed to ensure performance for flood protection and water quality purposes. If deficiencies are found, it is the responsibility of the permittee to correct these deficiencies in a timely manner. • • App.no.: 020729-1 Page 4 of 5 • • RELATED CONCERNS: Water Use Permit Status: The applicant has indicated that neither irrigation water nor dewatering is required for construction of this project. This surface water management permit modification does not release the permittee from obtaining aH necessary Water Use authorization(s) prior to the commencement of activities which will require. such authorization, including construction dewatering and irrigation, unless the work qualifies for a general permit issued pursuant to Section 40E-20 FAC. HistoricaUArcheological Resources: No information has been received that indicates the presence of archaeological or historical resources or that the proposed activities could cause adverse impacts to archaeological or historical resources. DCA/CZM Consistency Review: The District has not received a finding of inconsistency from the Florida Department of Community Affairs or other commenting agencies regarding the provisions of the federal Coastal Zone Management Plan. Enforcement: There has been no enforcement activity associated with this application. STAFF REVIEW: DIVISION APPROVAL: SURFACE W,A'~`~F~AQ-NAGEMENT: Hugo darter, P.E. NAT L RESOURCE MANAGEMENT: Donald L. Medellin App.no.: 020729-1 Page 5 of 5 s „. DATE: ~' ~ ~ DATE: ~ U ~~~~ ~~ • • ~1= G ~ a°a~a~ ~ ,QOp m~ ~c`-~ RES TLI~KER fifl PEi~NiBCK ,~, ~ Q ~ I A~6C1n W~}t[~f~-F'f ti ~ V~!)t . ~---a _ _ _,.__... _. ,... 'HLiYI QE QUNTRY CLUB ,, -~ N ~~ ~Q ©WE ~s FAIRWAY N ~ ~~ _ jQj ST ~ ~ H 'C7 ~., O~ ~ ~'~ryON T`--- --~\ ~ 9.\ ~~' ~GO~~~EASRwIN S ~ ~sl~'s ' ~ ~° ~4> ~ G~ Q ~ ~' p\ Cf~`, COUNTRY ~ ~CY CHl ~ * e C ~~ LO ATCNE "~~.' O < 9,c ~ ~ CLUB CIR Q ~! ~w SZ `~~ PQi TE ~ ~ `''~T'equesta ~~ `L ~untry t, w nds ~" Y ~,, ~J~e~'G. ~. - Clubhouse. ~Ci( ~ ~~/ Q~ '4,.. Q~ ~0si~ --- C f eeward \ O ~~~~~ ~~~. Q ~~ 9 k ~ Cyr ~ ~ ~}, I TARE ARD RiVfl n CIS y~P ~' ~ r WYE ocREEKj, > a ~;;, ~' t, BERMU A~~+ T ~a'~.r °~ a~ ~ P ~~ ~d ~`, E~ ~ Rd ~ TEF1~C 7e1. 7 " ~t p - Gc ~ r ~ a ` BAMS © `~ PRUJET .~~REA La a~ PO T ~ ~.. Q ~, RI G aR` ~ °' t ~ ~, ~~ ~,, a a M a~ fiver pv~S~G~ Q, ~~~ ~~ ~ ~ Windward ~ ~~~C ~ ~ \ ~ ~ v Ave ~ G ES NESt Gi b Cir "7 Q' pR RIV ~ P4ATAL DR ly ~ EAGLES E "~;^-:, Ot ~ a ~ ~ ,~yEgTTaiQn '~„ ~ r. ~, sAYVIE1o $A1~VI NE ~ G Y T N ~ W ~ ~ sA ~yy ~i~C i ~} ~~ ° ~ $ > ~ Yacht RlLrer Dr ~ g KE ~'-•~ ~ Basin Yacht s ~35~ Q~'~'C1' P1B w°c~, a~ q~` e~~Z~z~ ~ , C4ub PI m0~ dam- r7f ~~~ ~ m~ K ~~~~ WY ~ ~ DR Iarina ~ .r-yq~ ~n~ a STORMWATER IMPROVEMENTS FOR TEQUESTA CIRCLE VILLAGE OF TEQUESTA CC LOCATION MAP App. No. 020729-1 EXHIBIT 1 _ -' .. :.... - .' ~ °'• .a.. _' y. _ r'la'. - aac : ~M1.. - yi 4 ._ t 1 r '+"' ~f h11 `orb _r} [ a R. ~ h:- 0.'-,~ . a_~{ ~K~ R~ Ma`:, y F,~.. - fi'.~". j ;}~ti~ :,~1 R ~'- : r ~s?,u +.'y..n' 1 t c .~ yA1~r •~ ~ S~ N A,~ d 'f _ a ram, `~~~ 'x ~~ ~ ir~x "~'~~ ~ f .yj, ~ - ~: 6 ~ f.d .~" ~` _ . ti Y N~ `~' '- ~ art- K ~~ ~F ~ W~ ~ H G N 1 •~~ ~1 ~`2 t Y~: .0.,i% 1~-6 ~.. ~:• .Y2.~,1 ~ p ~~ E P ~Yi i st.;'..,.>~.$ b ~;:i 3} y'~1 Cam' ~r2 ~f ' bl °s' ~P7b + p°,ejF 4 - J, 1' 'r,. ~y~! i5~' ~' - - ~ '& ~{: ~~ ~~ ,. ~~x n~ _y Warn Y~+~ :: :i (1(1 S Y 9~~{°~ 4x~LO~~~v..F~3 ~ j6'~ let .~~.4j _, 4_._ t~ ~: _ ~y~7 ~~ J Y L~ ; Fy Li l ~' . 1 '- .. . "y ate, ~.a i - =.- - i t $a r ~~{ r.. ! !~. 7 ~ ~~~ ~f.. i ~ `F ~ gay ~~ , r~ .. , C .~ .- _ _ ~t~ ~ .: I :i7 .\ `'yam i,~ ~ ~ '~.~i tl 1 ~ t t I ~ i ,f Y ~ ~ - f 2 ~~ `~a~.~-. ~ ~ r - ~ i..MI Y, 7 ) j o ', o,l ~ 1 ~ : r1 ~ ` b li ~ ~ ~ ~ 1 ~ `~ l i FicY ~ 4 ~ ~ ~ t .. w day {i a, - 1. ~ $ 6 ~ - ~ ,~ j ~ f ~_ r •r ~. ~ ~ ~ I \ ~I t ~dr r~~p'~ 1 i +~d f { f i~•' 1 '~ ~ ~ i I` ^~~ ~.~ ul jl. ,i_-~' ~%~,- I ~ . »~' ~ M44 w}- - Vii.. ~a ~ ~ 'O - .] • • ~ ~ ._ il3 Q~ ~~ i r~ 1 LL ~3~3~ ~y yBa~ J ~~ `~ Y~ x ~ s ~._ji ~L p!!N gl'~o71~A1 ~I'WUU'DSmal -~ ~ gg 4 o A 8~ ~ _ AA 4G ~ ~~ 1 ~ ~~ 1 ~ -~ ~< ~~ ~...I I: 11 I. ,. •.. •1 ~ ~ I -• ~$~~ ~ ~ ~5~ ~ ~~~ ~ C d ~~~ 14~ I ~ S~C'~: ~~. ~~& J STAFF REPORT DISTRIBUTION LIST VILLAGE OF TEQUESTA COUNTRY CLUB-TEQUESTA CIRCLE OUTFACE Application No: 020729-1 Permit No: 50-00682-S INTERNAL DISTRIBUTION EXTERNAL DISTRIBUTION X James L. Fyfe - 4220 X Luis Colon - 4250 X Permittee -Village Of Tequesta X Donald L. Medellin - 4250 X Agent -Reese Macon & Associates Inc X Hugo A. Carter, P.E. - 4220 X Engr Consultant -Higgins Engineering Inc X ERC Engineering - 4230 X ERC Environmental - 4230 X H. Azizi - 4230 GOVERNMENT AGENCIES X H. Bittaker, PBCSC - 6150 X Permit File X City Engineer, City of Tequesta X City of Boynton Beach -Timothy K. Large, Bldg Code Permit Adm. X Div of Recreation and Park -District 7 - FDEP X Florida Fish & Wildlife Conservation Commission - Bureau of Protected Species Mgmt X Palm Beach County -Building Div X Palm Beach County -Environmental Res Mgmt X Palm Beach County -Health Dept X Palm Beach County -Land Development Div X Palm Beach County -School Board Growth Mgmt X Palm Beach County Engineer X Us Army Corps of Engineers -Ken Huntington OTHER INTERESTED PARTIES X Rosa Durando X Water Catchment Area Advisory Committee - Ed Dailey X Water Management Institute -Michael N. Vanatta LJ