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HomeMy WebLinkAbout1301 Rinehart Rd (2)AR 26, 2007 10: 54A r a PS FIRE PREVENTION SPECIALISTS, INC. i a. Certified hiremfaty ln4jmc fors I 6810 Whitetail Court Melhuurne, Florida 32940 .421 757-720f) Fax 321.757.7206 www.fl)s-itic`..net "1?oai t Make An Ash Of Yourself' - "tviow "1'he Code" 000-000-00000 March 26, 2007 As. Virginia Hart Scott & cuhlc Aruhitects 1437 South Boulder Suitc 800 Tulsa, OK 74119-3609 Re- Kohl's Dcpartment Store - Sanford, Fl. - Resubmittal SGA Project #0612041 Dear Ms_ Han, Pursuant to the provisions of Florida Statute 633, a fire and life safety plan review was conducted on the above referenced facility to ensure compliance with the adopted codes and standards of the Florida State Fire Marshal. Me results are itemized on the following report, which indicates comments and/or deficiencies found on the constructiun documents and specifications. the plans are Approved with Comments. Comments: I, final approval of the fire sprinkler system based on separate submittal of signed and sealed drawings with hydraulic calculations as per NFPA 13, 2002 edition. Section 14.1. Respectfully, Walter 1), Spam, r. Certified Fire Safety Inspector Cc_ Timothy L. Robles page 2 AR 26,2007 10:54A 000-000-00000 page 1 FAX C®VERSHEET f ire Prevention Specialists, Inc. 6810 Whitetail ('..ourt Melbourne, 11 32940 (321) 757-7205 QfJice (321) 757-7206 hax To: Tim Robles Date: March 26, 2007 Fax No.: (407) 302-2526 No. of pages (including comsheet): 2 From: Walter D. Spann Subject: Kohl's N TIRE PREVENnON SPECIAU.M. , INC. Lj Certirmil Vin-ma&rty Inmp-clor+ n 6810 whip tWI C Ourt Melbourne, Florida 32940 321 7!W-72M Fux 3l1.757-72W www.fM11C.Im -1 tun't Make An Ash Of YouraW - "Kmw •ill Code" Match 26, 2007 Ms. Vifginita Hatt Scott & Gable Art+itm b 1437 South Boulder Suitt 800 Tulsa, OK 74119-3609 Re.- Kohl's Departineat Store - Sanford, Fl. - Resubmittal SGA Project #0612041 Door Ms. Hart, 1lusttant to the provisions of Florida Statute 633, a fire ami life safety plan review was conducted on the above rrrfmmupd facility to comet compliance WA the adopted codes and stlindatds ofthe Fkwrida State Fire Marshal. The results arc itemized on the following report, which indicates ca»menu and/or deficiencies found on the construction doaanents and specifications. The plans are Approved with Comments. Comments: 1. l' iaal approval of the fire sprinkler systm based on sepsmte Submittal of signed and sealed drawings with hydraulic eaidrlations as per NT•PA 13, 2002 calitiort. Section 14. I. Respectfuity, Walter U, Spran r. Certified Fire Safety Inspector Cc. Timothy L Robles Sal Wayne, I will h I be picking up t e plans today for Kohl's in Orlando. Please have the fire alarm contractor and fire sprinkler contractor submitted to the address below: Fire Prevention Specialists, Inc 6810 Whitetail Court Melbourne FL, 32940 Phone (407) 757-7205 Fax (321) 757-7206 Thanks Tim Robles s� f SoLel �G'AU3 i EXHAUST SYSTEMS on the top of the duct, the opening edges shall be a minimum of 1 inch (25 mm) from the edges of the duct. Where located in the bottom of the duct, cleanout openings shall be designed to provide internal damming around the opening, shall be provided with gasketing to preclude grease leakage, shall provide for drainage of grease down the duct around the dam, and shall be approved for the application. Where the dimen- sions of the sides, top or bottom of the duct preclude the in- stallation of the prescribed minimum -size cleanout opening, the cleanout shall be located on the duct face that affords the largest opening dimension and shall be installed with the opening edges at the prescribed distances from the duct edges as previously set forth in this section. 506.3.10 Duct enclosure. A grease duct serving a Type I hood that penetrates a fire rated ceiling, fire rated wall or floor shall be enclosed from the point of penetration to the outlet terminal. A duct shall only penetrate exterior walls at locations where unprotected openings are permitted by the building code. Ducts shall be enclosed in accordance with the building code requirements for shaft construction. The duct enclosure shall be sealed around the duct at the point of penetration and vented to the outside of the building through the use of weather -protected openings. The enclosure shall be separated from the duct by a minimum of 6 inches (152 mm) and a maximum of 12 inches (305 mm) and shall serve a single grease exhaust duct system. Exceptions: 1. The shaft enclosure provisions of Section 506.3.10 shall not be required where a duct penetration is protected with a through -penetration firestop sys- tem classified, and installed as tested, in accor- dance with ASTM E 814. The system shall have an F and T rating of not less than 1 hour, but not less than the required fire -resistance rating of the as- sembly being penetrated and where the surface of the duct is continuously covered on all sides from the point at which the duct penetrates a ceiling, wall or floor to the outlet terminal with a classified and labeled material, system, method of construc- tion or product specifically evaluated for such pur- pose, in accordance with a nationally recognized standard for such enclosures. 2. A duct enclosure shall not be required for a grease duct that penetrates only a nonfire-resistance-rated roof/ceiling assembly. 506.3.11 Grease duct fire -resistive access opening. Where cleanout openings are located in ducts within a fire=resistance-rated enclosure, access openings shall be provided in the enclosure at each cleanout point. Access openings shall be equipped with tight -fitting sliding or hinged doors that are equal in fire -resistive protection to that of the shaft or enclosure. An approved sign shall be placed on access opening panels with wording as follows: "ACCESS PANEL. DO NOT OBSTRUCT." 506.3.12 Exhaust outlets serving Type I hoods. Exhaust outlets for grease ducts serving Type I hoods shall conform to the requirements of Sections 506.3.12.1 through 506.3.12.3. 506.3.12.1 Termination above the roof. Exhaust out- Iets that terminate above the roof shall have the discharge opening located not less than 40 inches (1016 mm) above the roof surface. __.. 506.3.12.2 Termination through an exterior wall. Ex- haust outlets shall be permitted to terminate through ex- terior walls where the smoke, grease, gases, vapors, and odors in the discharge from such terminations do not cre- ate a public nuisance or a fire hazard. Such terminations shall not be located where protected openings are re- quired by the Florida Building Code, Building. Other ex- terior openings shall not be located within 3 feet (914 mm) of such terminations. 506.3.12.3 Termination location. Exhaust outlets.shall be located not less than 10 feet (3048 mm) horizontally from parts of the same or contiguous buildings, adjacent property lines and air intake openings into any building and shall be located not less than 10 feet (3048 mm) above the adjoining grade level. Exception: Exhaust outlets shall terminate not less than 5 feet (1524 mm) from an adjacent building, ad- jaceni property line and air intake openings into a building where air from the exhaust outlet discharges ---..uvav from such locations. 506.4 Ducts servin s. tng e or combined Type II exhaust systems for food -processing operations shall be in- dependent of all other exhaust systems. Commercial kitchen exhaust systems serving Type II hoods shall comply with Sec- tions 506.4.1 and 506.4.2. 506.4.1 Type II exhaust outlets. Exhaust outlets for ducts serving Type II hoods shall comply with Sections 401.5 and 401.5.2. Such outlets shall be protected against local weather conditions and shall meet the provisions for exte- rior wall opening protectives in accordance with the Florida Building Code, Building. 506.4.2 Ducts. Ducts and plenums serving Type II hoods shall be constructed of rigid metallic materials. Duct con- struction, installation, bracing and supports shall comply with Chapter 6. Ducts subject to positive pressure and ducts conveying moisture -laden or waste -heat -laden air shall be constructed, joined and sealed in an approved manner. 506.5 Exhaust equipment. Exhaust equipment, including fans and grease reservoirs, shall comply with Section 506.5.1 through 506.5.5 and shall be of an approved design or shall be listed for the application. 506.5.1 Exhaust fans. Exhaust fan housings serving a Type I hood shall be constructed as required for grease ducts in accordance with Section 506.3.1.1. Exception: Fans listed and labeled in accordance with UL 762. 506.5.1.1 Fan motor. Exhaust fan motors shall be lo- cated outside of the exhaust airstream. 506.5.2 Exhaust fan discharge. Exhaust fans shall be posi- tioned so that the discharge will not impinge on the roof, other equipment or appliances or parts of the structure. A vertical discharge fan shall be manufactured with an ap- FLORIDA BUILDING CODE — MECHANICAL 5.11 FEB 13,2007 03:08P 000-000-00000 page 1 , Tim Robles 407-302-2526 Walter V. Spann Kohl,, Review ��5 Date: February 13, 2007 No. of pages (including covershect): 4 c ��01 FE'� mil( FAX C®VERSH EE'T Fire Prevention Specialists, Inc. 6810 Whitetail Court Melbourne, FL 32940 �p (321) 757-7205 Uf ce (321) 75 7- 7206 Fax Fax No. From: Lg� � Subject: r4 3114.1 Q� All --------.-_- CONTINENTAL PROPER ES C O M P A N Y, I N C. (_� J�A�Ev�iTE C•"' �P \Jima P :a �. f u •r 'I r using G FGC C Z <+Zj S/O �ti�-75.Co1. W134 N8675 Executive Parkway - Menomonee Falls, WI 53051-3310 Tel. 262.502.5500 • Direct 262,532.9361 • Cell. 262.751.5014 - Fax. 262.502.5522 E-mail: cmoore@cproperties.com • wtiw.cproperties.com FM FREVEMON SPECLALIM% INC. Certified Firesafely Inspm4orx fialo whitetail Court Melbourne. Plarida 321HO :91-757-TA15 Fax 321-757-92(Yi www1P§4x..1n4. Ihwl Make An Ash (K Yourself' - *Know 11►c C:ale - 000-000-00000 February 13, 2007 Ms. Virginia hart Scat & Goble Architects 1437 South Boulder Suite $00 Tulsa, OK 74119-3609 Re: Kohl's Department Store - Sanford, FL SGA Project 00612041 Dear Ms- Hart. Pursuant to the provisions of Florida Stau tc 633, a fat and life safety plan review was conducted an die above roferenood facility to ensure carnpliance with the adopted codes and standards of the Florida Staff Firc Marshal. Ilse results am itemized on the folknving rcpom which indicates eowmcnts and/or deficiencies found on the constttction documents `end speeirwatidms. Dire to the items below, the plans arc disapproved. l - Location: Sheet A2.2 & A2.3 Stairs Wreienq- trite m&sa is to be p mvi with-kAo me iiate Mk arranged te prevent a C diameter sphere fram passing -through. . Reference: FFPC 2004,-101, Scr3ion 72-2.4.5.3: Open guards, other than approved. existing open gads. Aa11 have intermedimc rails or an ornamental pattern such that a sphere 4 in. in diameter is not able to pass dwough any opcining up to a height of 34 in., and the following aho shaU apply. (1) TU triangular openings formed by the rism tread, and botlam element of a guardrail at the open side of a stair shall be of such size that a sphere 6 in. in dyer- is n6iable to pass through thetriaagular oFettng_ 2. Location: Shea SSl, Extingnishm Deficiency Mmumum travel distance of 75' to the nearest extinguisher is exceeded in the area of Column Line F5. Measu ement is made around obstacles such as clothing racks, shelving. aw- Reference: NFPA 10, 2002 edition, Table 52.1 3. 1.ocatwn: Sheet SS2, Extinguishers Deficiency- Maximum travel distance of 75' to the nearest eztargnisher is exceeded in the Saes area. Reference: WFPA 10, 2002 edition. Table 5.2.1 4. Location: Sheet E2.2, Stairs Deficioncy: Poll stations to be leered adjacent to dour to exit stairs. Refcnme- FTW 2004, 101, Section 9-6.2.3: A manual fire alarm box shall be provided in the natural exit access path near rwch page 2 FEB 13,2007 03:09P 000-000-00000 page 3 required exit from an area, unless modified by another section of this Code. NFPA 72. 2002 edition, Section S.12.6: Manual fire alarm boxes shall be located within 5 ft of the exit doorway opening at each exit on each floor. Note: Section 36.3.4.2(3) of FFPC 2004, 101 does not require pull stations in a sprinklered mercantile occupancy except for ono at a central location. However, if the intent is to mutt the requirements of NFPA when providing manual pulls. then the Incation requirements indicated above are to be met. Comments: 1. Shect T 1: Required egress width calculations for " (hher Egrers Components" at Level 2 shcwld read 144.4 incbcs. (722 x .2 = 144.4). 2. Submit Civil Plans to include fire lane 6cations and sipage as required by FFPC 2004. 1. Seam 1821.13: Required fire lanes shall be provided with the inner edge of the roadway so closer than 10 act rW me tlardwrtla 30 few Preto the baUft. Such Imes AW have a swface designed to accommodate fire apparenm with a minimum weight of 32 tons. Section 1 &22.2 Access to Building: A fore department access road shall enced to writhim 50 it of a site ester door providing access to at interior of the buil&n& Fare Lane signage to comply with FFPC 2004, 1. Section 19.22.5.8. Sigttage for FDC to comply with FFPC 2004. 1, Section 18.3.4.3. 3. Signed and sealed sprinkler plans to be submitted with hydraulic tales as per NFPA 13, 2002 uiition, Section 14.1. Also indicate fire flow calculations for the pwpowd facility. Sex: FFPC 2004. 1, Section 1$3.1: An moved water swpply capable of supplying the repaired fat flow for fire pn*%Aon shall be provided to all premises upon which facilities, buildings, ar portions of buildinp are hemfkcr condmcted or moved into the jurisdiuioa. t Section 1 &33: Thee number and type of fire hydnnft and connections to other moved water supplies doll be cam of delivering the required rut flow and shall be proaided at approved locatiow. See also Appm iix A.18.3.1: See Appeaft lit for gaidnace deftratlift required %+e f6w. This comment matt refers to fat flow for dw . Since the building is sprinld=4 Table H and Annex H52, exceptiM requires a minimum of 1000 gpm for this size building @ 20 psi residual. 4. Sheets T1 & A2.2: Exit width analysis indicates stairs at 54". Enlarged plans indicate 53.75". S. When installing mu chandise racks and shehriug, verify mininnmr exit access width to stir exits as per FFPC 2004, 101, Section 36.2.S.4: Aisles leading to each exit shall be required, and the aggregate width of such aisles shall be not less than the requited width of the exit_ Section 36.2.5.5: Required auks shall be no lees than 36 in. in clear width 6. Sheet El, 1: Lighting fexturc L&N not listed on legend on Sheet F,S. Are these used for emergency lighting? If not. then required emergency lighting is inadequate in the shelving area. 7. Sheet E2.1: Strobe near column C2 is overspaced with strobe at column D2. 8. Sheet E2.1: Add strobe in area of column C7 for proper coverage. 9. Sheet E2. I : Add strobe near column G5.5 for proper coverage. FEB 13,2007 03:09P 000-000-00000 page 4 10. Sheet E2.1: Wall strobe in Storage in shelving area is blocked by shelving. Consider ceiling mounted strobe. 11. Sheet E2.2: Distance between strobos at column B7 & B5 exceeds spacing limitations for proper coverage. 12. Sheet E2.2: Fire alarm notification not located in Storage Room or Corridor to Stair 106. 13. Sheet E2.2: Fire alarm dB level in (fang Restrooms may be inadequate. 14. Submit fire alarm shop drawings for approval including device specification sheets. 15. Sheet SS 1 dt SS2: Detail for flag 39/DS I not shown on Sheet DS 1. Respectfully. Wa 1 " wafter D. Spunn, r. Certified Fire Safety Inspector Cc: Timothy L. Robles CITY OF SANFORD MAR 1 2 2001 PLANNING AND DEVELOPMENT We create lasting communities. - PRESIDENT & C.E.O. �V1T d_ arch12, 2007 A Stephen R. Miller, P.E. EXECUTIVE VICE PRESIDENT & C.O.O. Kevin T Walsh, P.E. Mr. David L. Richards Planning and Development EXECUTIVE VICE PRESIDENTS City of Sanford James A. Sellen, M.S.P. 300 N. Park Avenue Carol D. Conner, P.E. Sanford, FL 32771 VICE PRESIDENT & C.F.O. H. William Cook, C.P.A. Subject: Rhinehart Road Commercial - Lot 5 Development Plan (Kohls - 1371 Rinehart Road) VICE PRESIDENTS MSCW No.: 06-0202.2411 R. Lance Bennett, P.E. Neil Frazee, RLA A. Geoffrey McNeill, AICP, RLA Dear Mr. Richards: Darla J. Miller, B.S., M.B.A. Eric E. Warren, P.E. Listed below are responses to the comments listed in the March 5, 2007 Comment Lori Webb -Paris, PE. Sheet from the DRT review (received on March 5, 2007). Please find nine (9) sets of revised plans attached for your review. The following additional revisions have been made to the plans: • The Site/Building signage has been located on the Site Plan, Sheet C106. • The future building utility connections have been dimensioned from the building on Sheet C300. • The roof drainage to be constructed with the building has been shaded and the structure information has removed from Sheet C300. • Typical Wall Section `C' for the 6' screen wall along the east project boundary has been added to Sheet C200. • Typical Sidewalk Section `E' for the proposed 5' sidewalk on Oregon Avenue has been added to Sheet C106. • Accessible Ramps have been added for the handicap parking spaces on Sheet C106. HEADQUARTERS 4750 New Broad Street Public Works: Bilal Iftikhar P.E. 407.330.5671 Orlando, FL 32814 1. No Comment. Tel: 407.422.3330 Fax: 407.422.3329 Fire: Tim Robles 407.302.2516 Plans approved as submitted 100 SW Albany Avenue 1. No comments at this time. Suite 200 Stuart, FL 34994 Tel: 772.672.9788 Water & Sewer Utilities: Richard Blake 407.330.5609 Fax: 772.219.2218 1. The gravity sewer shall be within the utility easement Sheet C102 877.672.9788 shows the sewer outside the 15ft utility easement The utility easement www.MSCWinc.com need to be wider. Please correct plans. We create lasting communities. - Per MSCW's discussion with Richard Blake on March 8, 2007, this revision is not required. The gravity sewer onsite will be private, and therefore will not require a utility easement. See Sheet C101 for utility ownership and maintenance. 2. The reclaim main shall be 6-inch, from Rinehart (Street B & C) to Oregon. As requested, the plans have been revised to reflect the 6" reclaimed water upgrade from Oregon to Rinehart Road. See Sheet C102 for the revision. Planning & Zoning: Eileen Hinson (hinsoneaci.sanford.fl.us) 1. Change hatched crosswalks in front of building at sidewalk crossings to raised crosswalks (combo speed table crosswalk) As requested, two (2) raised crosswalks have been added at the sidewalk crossings in front of the building. A typical cross section, Section `E', has been added to the Lot Grading Plan, Sheet C200. Please see Sheets C106 and C200 for the revisions. 2. Remove parallel parking from northwest side of building, replace with landscaping / wider sidewalks / grass, etc. The parking on the northwest side has been removed as requested. See Sheets C106 and Sheet C130 for the revisions. 3. Submit an 11 x 17 addressing plan (base plan showing lot/tract numbers, access points, addresses, etc.) via email (pdo noting the following new addresses to be assigned to the plaza: Lot 1 1311 Rinehart Road SW 1 1395 Rinehart Road Lot 2 1331 Rinehart Road SW 2 1325 Rinehart Road Lot 3 1351 Rinehart Road SW 3 1345 Rinehart Road Lot 4 1381 Rinehart Road Lot 5 1371 Rinehart Road I An Addressing Plan (11" x 17", °`.pdf file) has been prepared and sent to Eileen Hinson via the e-mail address given above. HEADQUARTERS/CENTRAL FLORIDA 4750 New Broad Street Orlando, FL 32814 Landscaping: Chris Smith 407.330.5674 Tel: 407.422.3330 1. Foundation landscaping is required. Recommend high material, such as Fax: 407.422.3329 tall Washingtonian palms to break-up building mass. Page 2 Mr. David L. Richards March 12, 2007 HEADQUARTERS/CENTRAL FLORIDA 4750 New Broad Street Orlando, FL 32814 Tel: 407.422.3330 Fax: 407.422.3329 We create lasting communities. - The Foundation Landscaping Plans will be submitted under separate cover with the Architectural/Building Plans. 2. Pole staking is required at all trees -No duck bills or staking. The plans have been revised as requested. 3. Imgation plans are required. The Irrigation Plans will be submitted under separate cover. 4. Dumpster areas required to be shielded. As requested, an S' screen/ retaining wall will be provided to shield the Compactor Area. See Sheet C200 for Wall Section `D'. Please note that the wall will be permitted under a separate building permit with the Architectural/Building Plans. Engineering David L. Richards 407.330.5652 1. A SJRWMD permit or modification letter is required prior to the issuance of a Site Development permit. A standard general ERP modification has been issued for the project, SJRWND Permit No. 42-117-104154-2, and is attached for your review. 2. Provide the total impervious and pervious areas on the Site Data Table on sheet C101. As requested, the total Impervious and Pervious Areas have been added to Sheet C101. 3. Submit drainage calculations and soil report. Per e-mail from David Richards, these reports have already been provided and are in his possession. 4. Please note on the plans what is to happen to the existing driveway shown to the west of the proposed western drive entrance (believe it is a construction entrance now). Page 3 Mr. David L. Richards March 12, 2007 HEADQUARTERS/CENTRAL FLORIDA 4750 New Broad Street Orlando, FL 32814 Tel: 407.422.3330 Fax: 407.422.3329 We create lasting communities: - The plans have been revised as requested. A note to remove the existing temporary construction entrance has been added to Sheet C106. 5. Add a single, 4-inch yellow center line, extending 40' into the site from the Stop bar, at each of the two driveways form Oregon Road. As requested, a single, 4-inch yellow center line stripe has been added to the site plan, Sheet C106. 6. The minimum inbound radius for commercial driveways is 50 feet. Revise plans accordingly. The site plan has been revised as requested to include 50' R driveways at the entrances on Oregon Avenue; see Sheet C106 for the revision. 7. Add $250.00 and CO 3211 to the HC parking sign detail on sheet C131. The HC parking sign detail on Sheet C131 has been revised as requested. 8. Note on the HC space detail on sheet C131 that the pavement symbol shall be white thermoplastic. The HC space detail on Sheet C131 has been revised to callout white thermoplastic for the pavement symbol. 9. Please note on the details of the retaining walls on sheet C200 that a separate building permit is required. As requested, the notes have been added to the plans. See Sheet C200 for the revisions. 10. On sheet C300, data is missing for 4 stormwater manholes and connecting pipes on the southwest side of the building. Please keep in mind that inlets and pipes under traffic load are to be concrete. Please see View `A' and the Storm Structures and Storm Piping Tables on Sheet C200 for the drainage information. As requested, the drainage pipes that will be subject to a traffic load have been revised to RCP. 11. On sheet C800, please clearly delineate the area labeled as TO 2.00%, e.g., dimension lines. Page 4 Mr. David L. Richards March 12, 2007 HEADQUARTERS/CENTRAL FLORIDA 4750 New Broad Street Orlando, FL 32814 Tel: 407.422.3330 Fax: 407.422.3329 We create lasting communities. - The plans have been revised as requested. 12. Please note on the Crosswalk detail on sheet C131 that the warning mat must meet FDOT QPL # S527-0007 and shall be brick red only. The FDOT QPL note has been added the Crosswalk detail on Sheet C131. The following additional revisions have been made to the plans: • The Site/Building signage has been located on the Site Plan, Sheet C106. • The future building utility connections have been dimensioned from the building on Sheet C300. • The roof drainage to be constructed with the building has been shaded and the structure information has removed from Sheet C300. • Typical Wall Section `C' for the 6' screen wall along the east project boundary has been added to Sheet C200. • Typical Sidewalk Section `E' for the proposed 5' sidewalk on Oregon Avenue has been added to Sheet C106. • Accessible Ramps have been added for the handicap parking spaces on Sheet C106. We trust the enclosed information is sufficient for your review and approval of the above referenced project. Should you have any questions or require additional information, please do not hesitate to contact us. E JohrVrowell, P.1� Engineering Resource Manager Enclosures Lindy Wo e, E.I. Project Engineer cc: Tom Gilgenbach, Continental 209 Fund, LLC (w/ att.) Kira Smith, Continental 209 Fund, LLC David Poquette, Continental 209 Fund, LLC (w/ att.) Jeff Adam, Kohl's Department Stores Virginia Hart, Scott & Goble Architects Phil Hartmann, Briar Corporation (w/an.) Eric Warren, MSCW, Inc. Page 5 Mr. David L. Richards March 12, 2007 �S {I St. Johi, ns River Water aorement District Kirby B. Green III, Executive Director - David W. Fisk, Assistant Executive Director 4049 Reid Street - P.O. Box 1429 - Palatka, FL 32178-1429 .- (386) 329-4500 On the Internet at www.sjrwmd.com. REGULATION OF STORMWATER MANAGEMENT SYSTEMS CHAPTER 40C-42, F.A.C. PERMIT NO.42-117-104154-2 DATE ISSUED: March 9, 2007 A PERMIT AUTHORIZING: Construction of a Stormwater Management System with stormwater treatment by retention for Rhinehart Road Commercial - Lot 5, a 6.42-acre project to be constructed as per plans received by the District on February 7, 2007. LOCATION: Section(s): 32 Township(s): 19S Range(s): 30E Seminole County Continental 209 Fund, LLC W 134 N8675 Executive Parkway Menomonee Falls, WI 53051-3310 This document shall serve as the formal permit for construction and operation of stormwater management system in accordance with Chapter 40C-42, F.A.C., issued by the staff of the St. Johns River Water Management District on March 9, 2007. This permit is subject to the standard limiting conditions and other special conditions approved by the staff. These conditions are enclosed. This permit is a legal document and should be kept with your other important records. The permit requires the submittal of an As -built certification and may require submittal of other documents. All information provided in compliance with permit conditions should be submitted to the District office from which the permit was issued. An As -built certification form is attached. Complete this form within 30 days of completion of construction of the permitted system, including all site work. Upon receipt of the As -built certification, staff will inspect the project site. Once the project is found to'be'in'compliance With-alt permit requirem ents,`"the'perm it- may -be converted to -its - operation phase and responsibility transferred to the operation and maintenance entity in accordance with Chapter 40C-42.028, F.A.C. Permit.issuance does not relieve you from the responsibility for obtaining permits from any federal, state, and/or local agencies asserting concurrent jurisdiction over this work. Please GOVERNING BOARD David G. Graham, CHAIRMAN John G. Sowinski, VICE CHAIRMAN Ann T, Moore, SECRETARY Duane L. Ottenstroer, TREASURER JACKSONVILLE ORLANDO . BUNNELL JACKSONVILLE R. Clay Albright Susan N. Hughes William W. Kerr Ometrias D. Long W. Leonard Wood OCALA PONTEVEDRA MELBOURNE BEACH APOPKA FERNANDIN.ASEACH note that if dewatering is to occur during any phase of construction or thereafter and the surface water pump(s), wells, or facilities are capable of withdrawing one million gallons of water per day or more, or an average of 100,000 gallons per day or more over a year, and any discharge is to be off -site, you must apply for and obtain a Consumptive Use Permit (40C-2) from the District prior to starting the dewatering. Please contact the District if you need additional information or application materials. Permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages, claims, or liabilities which may arise from permit issuance. Said application, including`all plans and specifications attached thereto, is by reference made a part thereof. This permit does not convey to permittee any property rights nor any rights of privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit may be revoked, modified, or transferred at any time pursuant to the appropriate provisions of Chapter 373, Florida Statutes. In the event you sell your property, the permit will be transferred to the new owner, if we are notified by you within thirty days of the sale. Please assist us in this matter so as to maintain a valid permit for the new property owner. J ink yqu for your coopedioon, and if this office can be of any further assistance to you, please not hesitate to contaaf - AUamonte Springs Department of Water Resources Enclosures: As -built Certification Form Exhibit A cc: District Permit File Agent: Continental 209 Fund, LLC W134 N8675 Executive Parkway Menomonee Falls, WI 53051-3310 Consultant: MSCW 4750 New Broad St Orlando, FL 32814 "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 42-117-104154-2 CONTINENTAL 209 FUND, LLC DATED MARCH 9, 2007 1. This permit for construction will expire five years from the date of issuance unless otherwise specified by a special condition of the permit. 2. Permittee must obtain a permit from the District prior to beginning construction of subsequent phases or any other work associated with this project not specifically authorized by this permit. 3. Before any offsite discharge from the stormwater management system occurs, the retention and detention storage must be excavated to rough grade prior to building construction or placement of impervious surface within the area served by those systems. Adequate measures must be taken to prevent siltation of these treatment systems and control structures during construction or siltation must be removed prior to final grading and stabilization. 4. The permittee must maintain a copy of this permit complete with all conditions, attachments, exhibits, and permit modification in good condition at the construction site. The complete permit must be available for review upon request by District representatives. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 5. All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall be considered a violation of this permit. 6. District authorized staff, upon proper identification, must be granted permission to enter, inspect and observe the system to insure conformity with the plans and specifications approved by the permit. 7. Prior to and during construction, the permittee shall implement and maintain all erosion and sediment control measures (best management practices) required to retain sediment on -site and to prevent violations of state water quality standards. All practices must be in accordance with the guidelines and specifications in chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988), which are hereby incorporated by reference, unless a project specific erosion and sediment control plan is approved as part of the permit, in which case the practices must be in accordance with the plan. If site specific conditions require additional measures during any phase of construction or operation to prevent erosion or control sediment, beyond those specified in the erosion and sediment control plan, the permittee shall implement additional best management practices as necessary, in accordance with the specification in chapter 6 of the Florida Land Development Manual: A guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988). The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 8. If the permitted system was designed by a. registered professional, within 30 days after completion of the stormwater system, the permittee must submit to the District the following: District Form No.. 40C-1.181(13) (As built Certification By a Registered Professional), signed and sealed by an appropriated professional registered in the State of Florida, and two (2) sets of "As Built" drawings when a) required by a special condition of this permit, b) the professional uses "As Built" drawings to support the As Built Certification, or c) when the completed system substantially differs from permitted plans. This submittal will serve to notify the District staff that the system is ready for inspection and approval. 9. If the permitted system was not designed by a registered professional, within 30 days after completion of the stormwater system, the permittee must submit to the District the following: District Form No. 40C-1.181(14) (As built Certification), signed by the permittee and two (2) sets of "As Built" drawings when required by a special condition of this permit, or when the completed system substantially differs from permitted plans. This submittal will serve to notify the District staff that the system is ready for inspection and approval. 10. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than seven (7) days before the construction activity in that portion of the site has temporarily or permanently ceased. 11. Should any other regulatory agency require changes to the permitted system, the permittee shall provide written notification to the District of the Changes prior to implementation so that a determination can be made whether a permit modification is required. 12. Within thirty (30) days after sale or conveyance of the permitted stormwater management system or the real property on which the system is located, the owner in whose name the permit was granted shall notify the District of such change of ownership. Transfer of the permit shall be in accordance with the provisions of section 40C-612, F.A.C. All terms and conditions of this permit shall be binding upon the transferee. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer. 13. The stormwater management system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure. The system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the stormwater management system to a local government or other responsible entity. 14. The operation phase of the permit shall not become effective until the requirements of Condition No. 8 or 9 have been met, the district determines that the system complies with the permitted plans, and the entity approved by the District in accordance with section 40C- 42.027, F.A.C., accepts responsibility for operation and maintenance of the system. The . permit cannot be transferred to such an approved, responsible operation and maintenance entity until the requirements of section 40C-42.028, F.A.C., are met, and the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District in accordance with section 40C-42.028, F.A.C., the permittee shall request transfer of the permit to the responsible approved operation and maintenance entity, if different from the permittee. Until the permit is transferred pursuant to subsection 40C- 42.028 (4) F.A.C., the permittee shall be liable for compliance with the terms of the permit. 15. Prior to lot or unit sales, or upon completion of construction of the system, whichever occurs first, the District must receive the final operation and maintenance document(s) approved by the District and recorded, if the latter is appropriate. For those systems which are proposed to be maintained by county or municipal entities, final operation and maintenance documents--must-be--received by -the District -when -maintenance and operation of -the -system is accepted by the local government entity, Failure to submit the appropriate final document will result in the permittee remaining personally liable for carrying out maintenance and operation of the permitted system. 16. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40C-42.028, F.A.C. 17. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system. 18. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. 19. Activities approved by this permit shall be conducted in a manner which do not cause violations of state water quality standards. 20, At a minimum, all retention and detention storage areas must be excavated to rough grade prior to building construction or placement of impervious surface within the area to be served by those facilities. To prevent reduction in storage volume and percolation rates, all accumulated sediment must be removed from the storage area prior to final grading and stabilization. 21. All wetland areas or water bodies that are outside the specific limits of construction authorized by this permit must be protected from erosion, siltation, scouring or excess turbidity, and dewatering. 22. Prior to construction, the permittee must clearly designate the limits of construction, on -site. The permittee must advise the contractor that any work outside the limits of construction, including clearing, may be a violation of this permit. 23. The appropriate permit modification must be obtained prior to the placement of impervious surfaces within Lots, 1, 2, 3, and 4 demonstrating conformance with the pond design calculations received by the District on February 7, 2007. If the lot development is not consistent with the permitted plans and calculations, then a modification of this permit must be obtained. 24. The operation and maintenance entity shall inspect the stormwater or surface water management system once within two years after the completion of construction and every two years'thereafter to determine if the system is functioning as designed and permitted. The operation and maintenance entity must maintain a record of each required inspection, including the date of the inspection, the name, address, and telephone number of the inspector, and whether the system was functioning as designed and permitted, and make such record available for inspection upon request by the District during normal business hours. If at any time the system is not functioning as designed and permitted, then within 14 days the entity shall submit an Exceptions Report to the Altamonte Spring Service Center, on form number 40C-42.900(6), Exceptions Report for Stormwater Management Systems Out of Compliance. Notice Of Rights 1. A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P. 0. Box 1429, Palatka Florida 32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at Clerka� irwmd.com, within twenty-six (26) days of the District depositing notice of District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21) days of the District emailing notice of District decision (for those persons to whom the District emails actual notice), or within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. The District will not accept a petition sent by facsimile (fax), as explained in paragraph no. 5 below. Mediation pursuant to Section 120.573, Florida Statutes, is not available. 2. If the Governing Board takes action that substantially differs from the notice of District decision, a person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the District, but this request for administrative hearing shall only address the substantial deviation. Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) at the office of the District Clerk at the mail/street address or email address described in paragraph no. 1 above, within twenty-six (26) days of the District depositing notice of final District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21) days of the District emailing the notice of final District decision (for those persons to whom the District emails actual notice), or within twenty-one (21) days of newspaper publication of the notice of final District decision (for those persons to whom the District does not mail or email actual notice). A petition.must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. Mediation pursuant to Section 120.573, Florida Statutes, is not available. 3. A person whose substantial interests are or may be affected has the right to a formal administrative hearing pursuant to Sections 120.569 and 120.57(1), Florida Statutes, where there is a dispute between the District and the party regarding an issue of material fact. A petition for formal hearing must also comply with the requirements set forth in Rule 28-106.201, Florida Administrative Code. 4. A person whose substantial interests are or may be affected has the right to an informal administrative hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute. A petition for an informal hearing must also comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code. Notice Of Rights 5. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida. Petitions received by the District Clerk after 5:00 p.m., or on a Saturday, Sunday, or legal holiday, shall be deemed filed as of 8:00 a.m. on the next regular District business day. The District's acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at www.sirwmd.com. These conditions include, but are not limited to, the petition being in the form of a PDF file and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation, attempting to file a petition by facsimile is prohibited and shall not constitute filing. 6. Failure to file a petition for an administrative hearing within the requisite time frame shall constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, Florida Administrative Code). 7. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C-1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. A person whose substantial interests are or may be affected by the District's final -- — action has the right to become a party to the proceeding, in accordance with the requirements set forth above. 8. A person with a legal or equitable interest in real property who believes that a District permitting action is unreasonable or will unfairly burden the use of their property, has the right to, within 30 days of receipt of the notice of District decision regarding a permit application, apply for a special magistrate proceeding under Section 70.51, Florida Statutes, by filing a written request for relief at the Office of the District Clerk located at District Headquarters, P. 0. Box 1429, Palatka, FL 32178-1429 (4049 Reid St., Palatka, FL 32177). A request for relief must contain the information listed in Subsection 70.51(6), Florida Statutes. Requests for relief received by the District Clerk after 5:00 p.m., or on a Saturday, Sunday, or legal holiday, shall be deemed filed as of 8:00 a.m. on the next regular District business day. 9. A timely filed request for relief under Section 70.51, Florida Statutes, tolls the time to request an administrative hearing under paragraph nos. 1 or 2 above. (Paragraph 70.51(10)(b), Florida Statutes). However, the filing of a request for an administrative hearing under paragraph nos. 1 or 2 above waives the right to a special magistrate proceeding. (Subsection 70.51(10)(b), Florida Statutes). 10. Failure to file a request for relief within the requisite time frame shall constitute a waiver of the right to a special magistrate proceeding. (Subsection 70.51(3), Florida Statutes). Notice Of Rights 11. Any person whose substantial interests are or may be affected who claims that final action of the District constitutes an unconstitutional taking of property without just compensation may seek review of the action in circuit court pursuant to Section 373.617, Florida Statutes, and the Florida Rules of Civil Procedures, by filing an action in circuit court within 90 days of rendering of the final District action, (Section 373.617, Florida Statutes). 12. Pursuant to Section 120.68, Florida Statutes, a party to the proceeding before the District who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to Rules 9.110 and 9,190, Florida Rules of Appellate Procedure, within 30 days of the rendering of the final District action. 13. A party to the proceeding before the District who claims that a District order is inconsistent with the provisions and purposes of Chapter 373, Florida Statutes, may seek review of the order pursuant to Section 373.114, Florida Statutes, by the Florida Land and Water Adjudicatory Commission, by filing a request for review with the Commission and serving a copy on the Florida Department of Environmental Protection and any person named in the order within 20 days of the rendering of the District order. 14. A District action is considered rendered, as referred to in paragraph nos. 11, 12, and 13 above, after it is signed on behalf of the District, and is filed by the District Clerk. 15. Failure to observe the relevant time frames for filing a petition for judicial review as described in paragraph nos. 11 and 12 above, or for Commission review as described in paragraph no. 13 above, will result in waiver of that right to review. Notice Of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent by U.S. Mail to: Continental 209 Fund, LLC W 134 N8675 Executive Parkway Menomonee Falls, WI 53051-3310 At 4:00 p.m. this 9th day of March, 2007. Division of Permit Data Services Gloria Lewis, Director St. Johns River Water Management District Post Office Box 1429 Palatka, FL 32178-1429 (386) 329-4152 Permit Number: 42-117-104154-2