1034-Amend CPH/Mill Creek POAMENDMENT TO PURCHASE ORDER NO. 27100
BETWEEN
THE CITY OF SANFORD, FLORIDA
CPH ENGINEERS, INC.
DOWNTOWN STORMWATER TREATMENT AND MITIGATION
AT MILL CREEK
Purchase Order No. 27100 dated 5/6/04 was for the design and permitting of a system that
provides excess stormwater treatment to mitigate for not fully treating the runoff from areas
located in downtown Sanford. The design was completed and the permit was issued by the St.
Johns River Water Management District (SJRWMD) on 2/4/05. This amendment to the
Purchase Order is for additional services as required by the permit including water quality
testing and submittal of annual reports to the SJRWMD.
The CITY and the ENGINEER for the considerations named herein agree to amend the services
authorized under Purchase Order No. 27100 as follows:
SECTION 1
General
1.1 Introduction
1.1.1 This Amendment is to generally provide for engineering services in order to help
assure the City complies with the requirements of the permit that was issued for the
Sanford Downtown Redevelopment Master Planning, permit no. 40- 117 - 22310 -2,
dated 2/4/05. A copy of the permit and permit conditions is attached to this
amendment as Exhibit C.
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1.1.2 Certified testing laboratory services are included. CPH will use Test America, Inc.
for the testing of the water quality samples.
1.1.3 Additional subconsultant services including geotechnical surface and subsurface
investigations, land acquisition title searches, boundary surveys, environmental
wetland identification and delineation, environmental assessments (including
hazardous material surveys) are not included. If these services are subsequently
determined advisable during the course of work, they may be considered for
authorization as an additional service under Section 3 of this Amendment or
separately provided by the CITY or consultants employed directly by the CITY.
SECTION 2
Scope of Services
2.1 General Description
2.1.1 The ENGINEER agrees to perform professional engineering services in connection
with the project as hereinafter stated.
2.1.2 The ENGINEER will serve as the CITY's professional engineering representative in
those phases of the project to which this Scope of Services applies, and will give
consultation and advice to the CITY during the performance of his services.
2.1.3 Attached as Exhibit "A" to this Amendment is a manhour breakdown for the project
Scope of Services.
2.2 Services Provided by ENGINEER
2.2.1 The ENGINEER will conduct quarterly water quality sampling for a period of 3 years
at the Mill Creek pond located south of 19th St. near Mulberry Ave. The sampling
will occur within three days of a rainfall event immediately upstream of the pond and
at the outflow structure as shown on the photo contained in Exhibit B. The samples
will be delivered to the certified testing laboratory, Test America, Inc. for testing of
total phosphorous, total nitrogen, and total suspended solids.
2.2.2 The ENGINEER will provide CITY with Pre - development and Post - development
pollutant loading values for parcels proposed to be developed in the Downtown
Redevelopment Area (DRA) under the SJRWMD master permit (minimum of 20
acres, maximum of 41 acres of development). Information provided by CITY will be
used to help determine these values (area, existing ground cover, proposed
impervious, type of development). The DRA is generally located between U.S. 17 -92
and Mellonville Avenue, and between 4` Street and Lake Monroe, more particularly
located as shown on the following map:
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2.2.3 The ENGINEER will provide mapping (ACAD format) of the parcels within the DRA
that are developed under the SJRWMD Master Permit, based on ACAD site
information provided by CITY for each development. Copies of the generated maps
will be provided to CITY (hard copies and ACAD format).
2.2.4 The ENGINEER will prepare the required annual report of water quality testing on or
before January 31 for a period of three years for all water quality monitoring testing
conducted, and will submit copies of the report to the SJRWMD and CITY.
2.2.5 The ENGINEER will prepare the required annual report of DRA development on or
before January 31 until the SJRWMD permit expires on 2/4/2010 or until the
maximum of 41 acres are developed in the DRA, whichever occurs first. The report
is to include an overall map showing location and size of developed parcels,
impervious area developed, credits used and remaining credits established under the
SJRWMD master permit. The report will be submitted to the SJRWMD and City.
2.2.6 At the completion of the three year water quality testing, the ENGINEER will, submit
written documents to SJRWMD requesting increase from 20 to 41 acres of
development within the DRA under the master permit, provided test results show
adequate pollutant removal efficiencies within the Mill Creek pond.
SECTION 3
Additional Services of the ENGINEER
3.1 If authorized by the CITY, the ENGINEER shall furnish or obtain from others the
following additional services, or the CITY may provide these services separately or
directly with the provider. Such additional services will be paid for by the CITY as
outlined in Section 5.
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2.2.3 The ENGINEER will provide mapping (ACAD format) of the parcels within the DRA
that are developed under the SJRWMD Master Permit, based on ACAD site
information provided by CITY for each development. Copies of the generated maps
will be provided to CITY (hard copies and ACAD format).
2.2.4 The ENGINEER will prepare the required annual report of water quality testing on or
before January 31 for a period of three years for all water quality monitoring testing
conducted, and will submit copies of the report to the SJRWMD and CITY.
2.2.5 The ENGINEER will prepare the required annual report of DRA development on or
before January 31 until the SJRWMD permit expires on 2/4/2010 or until the
maximum of 41 acres are developed in the DRA, whichever occurs first. The report
is to include an overall map showing location and size of developed parcels,
impervious area developed, credits used and remaining credits established under the
SJRWMD master permit. The report will be submitted to the SJRWMD and City.
2.2.6 At the completion of the three year water quality testing, the ENGINEER will, submit
written documents to SJRWMD requesting increase from 20 to 41 acres of
development within the DRA under the master permit, provided test results show
adequate pollutant removal efficiencies within the Mill Creek pond.
SECTION 3
Additional Services of the ENGINEER
3.1 If authorized by the CITY, the ENGINEER shall furnish or obtain from others the
following additional services, or the CITY may provide these services separately or
directly with the provider. Such additional services will be paid for by the CITY as
outlined in Section 5.
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3.1.1 Additional services due to major changes in the scope of the project or its design
including, but not limited to, changes in size, complexity, character of construction or
due to time delays in initiating or completion of the work as described herein.
3.1.2 Provide through subconsultants land acquisition boundary surveys, title searches, or
other specialist services including real estate or right -of -way agents, environmental
wetland identification and delineation, environmental assessments (including
hazardous material surveys), project or construction management, financial or
budgetary consultants, and bookkeeping or accounting services. If these services
are subsequently determined advisable during the course of work, they may be
considered for authorization as an additional service under this section or separately
provided by the CITY.
3.1.3 Except as otherwise provided herein, services or additional costs associated with
revising previously accepted studies, reports, or other documents prepared by the
ENGINEER when such revisions are due to causes beyond the ENGINEER's
control.
3.1.4 Additional services resulting from public protests, administrative hearings, or similar
matters.
3.1.5 Preparing to serve and /or serving as an Expert Witness for the CITY in any litigation,
public hearing, condemnation proceeding, right -of -way or easement acquisition or
negotiation, or other legal / administrative proceeding.
3.1.6 Additional engineering services required by revisions to regulations (after the date of
this Amendment) as applicable to the Florida Department of Environmental
Protection, the St. Johns River Water Management District, Corps of Engineers,
Seminole County, FDOT, or other regulatory agency requirements.
3.1.7 Additional services in connection with the project including services normally
furnished by the CITY as described in Section 4 herein and services not otherwise
provided for in this Agreement.
SECTION 4
CITY Responsibilities
4.1 The CITY will:
4.1.1 Advise the ENGINEER of his requirements for the project and designate a person to
act as the CITY's representative with respect to the work to be performed under this
Amendment, and such person shall have complete authority to transmit instructions,
receive information, interpret and define the CITY's policies and decisions pertinent
to the work covered by this Amendment.
4.1.2 Obtain and provide data requested that is reasonably available on the project. This
includes providing ACAD files of proposed DRA development, and providing existing
and proposed site data including total area, impervious area, and type of
development (such as multi - family or commercial).
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4.1.3 Guarantee access to and make all provisions for the ENGINEER to enter upon public
and private lands as required for the ENGINEER to perform his work under this
Amendment.
4.1.4 Make facilities accessible for inspection.
4.1.5 Examine all studies, reports, sketches, schedules, and other documents presented
by the ENGINEER and render decisions pertaining thereto within a reasonable time
so as not to delay the work of the ENGINEER. Assist in obtaining approval of all
governmental authorities having jurisdiction over the project, and such approvals and
consents from such other individuals or bodies as may be necessary for completion
of the Project.
4.1.6 Furnish or direct the ENGINEER in writing to provide at the CITY's expense, any
sub - consultant services not designated in Section 2, if advised by the ENGINEER
and CITY concurs that they are necessary.
4.1.7 Provide such legal, accounting, financial and insurance counseling services as may
be required for the project, and such auditing services as the CITY may require.
4.1.8 Give prompt written notice to the ENGINEER whenever the CITY observes or
otherwise becomes aware of any defect in the Project.
SECTION 5
Payment
5.1 General Payment Provisions
5.1.1 Compensation paid ENGINEER for services described herein and rendered by
principals and employees assigned to the Project will be computed by multiplying
Standard classification billing rates for all classifications of employees directly
engaged on the project, times the numbers of hours worked on the project.
5.1.2 The engineering fee for the services described herein is estimated to be $12,975.00
inclusive of out -of- pocket expenses. Invoices will be submitted periodically,
indicating the hours expended during that billing cycle.
5.1.3 The CITY will make prompt monthly payments in response to ENGINEER's monthly
statements without retention for all categories of services rendered under this
Agreement and for reimbursable expenses incurred.
5.1.4 Charges for the services rendered by principals and employees as witnesses in any
litigation, hearing or proceeding will be computed at a rate of $1200.00 per day or
any portion thereof (but compensation for time spent in preparing to appear in any
such litigation, hearing or proceeding will be computed in accordance with the
payment method as set forth in Paragraphs 5.1.1).
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5.1.5 If this Agreement is terminated during prosecution of the services prior to completion
of the services of Section 2, payments to be made in accordance with Paragraph
5.1.1 and 5.1.2 on account of that and all prior work under this Amendment shall be
due and payable, and shall constitute total payment for services rendered. In
addition, upon termination, the ENGINEER shall be paid for any additional services
authorized and rendered under Section 3.
SECTION 6
General Conditions
6.1 Since the ENGINEER has no control over the cost of labor, materials, or equipment
or over any construction Contractor's method of determining prices, any opinion of
probable construction cost which may be provided in the services of this Amendment
are made on the basis of his experience and qualifications and represent his best
judgment as a design professional familiar with the construction industry, but the
ENGINEER cannot and does not guarantee that bids or the construction cost will not
vary from opinions of probable cost prepared by him. Similar limitations apply to
construction schedules reviewed or prepared by the ENGINEER.
6.2 The CITY and the ENGINEER each binds himself and his partners, successors,
executors, administrators and assigns to the other party of this Agreement and to
partners, successors, executors, administrators, and assigns of such other party in
respect to all covenants of this Amendment. Nothing herein shall be construed as
creating any personal liability on the part of any officer or agency of any public body
which may be a party hereto, nor shall it be construed as giving any rights or benefits
hereunder to anyone other than the CITY and the ENGINEER.
6.3 The ENGINEER agrees to initiate work promptly upon receipt of authorization to
proceed and to prosecute the work in an expeditious and timely manner until the
Project is completed.
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment the day
and year first above written.
(ATTEST & SEAL)
.G � 1
net Dougherty - City Gterk �
CITY:
Cit Sa ford, Flori
pp 7
Eugene ller - City'Marfager
ENGINEER:
TEST & SE CPH Engineers, Inc.
nda M. Gardner, SecretarylTreasurer David A. Gierach, P.E. - President
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EXHIBIT A
Plan of Study
EXHIBIT "A"
PLAN OF STUDY
TIME AND COST ESTIMATE
POST PERMITTING PHASE SERVICES
DOWNTOWN STORMWATER TREATMENT AND MITIGATION AT MILL CREEK
TASK
Cost Based on Standard Billing Rates
$9,760.00
Reimbursed Expenses
$815.00
Certified Testing Laboratory (Water Quality Testing)
$2,400.00
TOTAL
ESTIMATE
NO
DESCRIPTION
P
E
T
ESD
ES
D
S
EXPENSE
1
Conduct quarterly water quality sampling for a period of 3 years at the
S = Clerical
Mill Creek pond located south of 19th St near Mulberry Ave.
3
48
$500.00
2
Provide City with Pre- and Post- development pollutant loading values
for parcels proposed to be developed in the Downtown
Redevelopment Area (DRA) under the SJRWMD master permit
minimum of 20 acres, maximum of 41 acres of development)
3
10
10
$100.00
3
Provide mapping (ACAD format) of the parcels within the DRA that are
developed under the SJRWMD Master Permit, based on ACAD site
information provided for each development. Provide copies for each
development parcel to City.
10
1
$100.00
4
Prepare annual report on or before January 31 for a period of 3 years
for all water quality monitoring testing conducted, submit report to
SJRWMD and City,
3
3
$30.00
5
Prepare annual report on or before January 31 until the SJRWMD
permit expires on 2/4/2010 or until the maximum of 41 acres are
developed in the DRA, whichever occurs first. Report to include
overall map showing location and size of developed parcels,
impervious area developed, credits used and remaining credits
established under the SJRWMD master permit. The report will be
submitted to the SJRWMD and City.
5
5
10
10
5
$75.00
6
At completion of three year water quality testing, submit written
documents to SJRWMD requesting increase from 20 to 41 acres of
development within the DRA under the master permit, provided test
results show adequate pollutant removal efficiencies within the Mill
Creek pond.
1
1
1
$10.00
TOTAL
9
i6
20
6
48
20 1
9
E816.00
BREAKDOWN
Cost Based on Standard Billing Rates
$9,760.00
Reimbursed Expenses
$815.00
Certified Testing Laboratory (Water Quality Testing)
$2,400.00
TOTAL
E12,975.00
P = P"napal
E = Pinion..../ Engineer
T = Design Engineer (E. l.) / Sr. Design Technician
ESD = Environmental Scientist Director
ES = EnvrOnmental Scient/st II
D = CADD Techn/cian
S = Clerical
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EXHIBIT B
Water Sampling Locations
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EXHIBIT C
Copy of SJRWMD Permit
U St. J ohns River
Water Management District
Kirby B. Green III, Executive Director - David W. Fisk, Assistant Executive Director
NK5
COPY
4049 Reid Street
February 4, 2005
City of Sanford
PO Box 2808
Sanford, FL 32772
P.O. Box 1429 • Palatka, FL 32178.1429
On the Internet at www.sjrwmd.com.
SUBJECT: Permit Number 40- 117 - 22310 -2
Sanford Downtown Redevelopment Master Planning
Dear Sir /Madam:
------- ------
Enclosed is your general permit as authorized by the staff of the St. Johns River Water
Management District on February 4, 2005.
This permit is a legal document and should be kept with your other important documents. The
attached MSSW /Stormwater As -Built Certification Form should be filled in and returned to the
Palatka office within thirty days after the work is completed. By so doing, you will enable us to
schedule a prompt inspection of the permitted activity.
In addition to the MSSW /Stormwater As -Built Certification Form, your permit also contains
conditions which require submittal of additional information. All information submitted as
compliance to permit conditions must be submitted to the Palatka office address.
Permit issuance does not relieve you from the responsibility of obtaining permits from any
federal, state and /or local agencies asserting concurrent jurisdiction for this work.
Please be advised that the District has not published a notice in the newspaper advising the
public that it is issuing a permit for this proposed project. Publication, using the District form,
notifies members of the public (third parties) of their rights to challenge the issuance of the
general permit. If proper notice is given by publication, third parties have a 21 -day time limit on
the time they have to file a petition opposing the issuance of the permit. If you do not publish, a
party's right to challenge the issuance of the general permit extends for an indefinite period of
time. If you wish to have certainty that the period for filing such a challenge is closed, then you
may publish, at your own expense, such a notice in a newspaper of general circulation. A copy
of the form of the notice and a list of newspapers of general circulation is attached for your use.
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 and if you provide the information required by 40C-
1.612, F.A.C. Please assist us in this matter so as to maintain a valid permit for the new
property owner.
OVERNINO BOARD
Ometrlas D. Long, CHAIRMAN David G. Graham, VICE CHAIRMAN R. Clay Albright, SECRETARY Duane Ottenstmer, TREASURER
APOPKA JACKSONVILLE OCALA JACKSONVILLE
W. Michael Branch John G. Sowinski William Kerr Ann T Moore Susan N. Hughes
FERNANDINA BEACH ORLANDO MELBOURNE BEACH BUNNELL JACKSONVILLE
Thank you for your cooperation, and if this office can be of any further assistance to you, please
do not hesitate to contact us.
Sincerely,
Eliseo Miranda
Data Management Specialist II
Division of Permit Data Services
Enclosures: Permit with As -built Certification Form
Notice of Rights
List of Newspapers for Publication
cc: District Permit File
Consultant: CPH Engineers Inc
PO Box 2808
Sanford, FL 32772
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
Post Office Box 1429
Palatka, Florida 321 78 -1 429
PERMIT NO. 40- 117 - 22310 -2 DATE ISSUED: February 4. 2005
PROJECT NAME: Sanford Downtown Redevelopment Master Planning
A PERMIT AUTHORIZING:
The future construction of a maximum of 41 acres of redevelopment known as the Sanford
Downtown Redevelopment Master Plan utilizing on -site structural best management practices
and off -site compensating treatment.
LOCATION:
Section(s): 30 Township(s): 19S Range(s): 31E
Seminole County
City of Sanford
PO Box 2808
Sanford, FL 32772
Permittee agrees to hold and save the St. Johns River Water Management District and its
successors harmless from any and all damages, claims, or liabilities which may arise from
permit issuance. Said application, including all plans and specifications attached thereto, is by
reference made a part hereof.
This permit does not convey to permittee any property rights nor any rights or privileges other
than those specified therein, 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:
PERMIT IS CONDITIONED UPON:
See con ' ions on attached "Exhibit A ", dated February 4, 2005
AUTH RIZ \ BY: St. Johhi) ver Water Management District
Depart of Resource Management
0
David Dewey
"EXHIBIT A"
CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 40-117-22310-2
CITY OF SANFORD
DATED FEBRUARY 4, 2005
1. 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 constitute a violation of this permit.
2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and
modifications, shall be kept at the work site of the permitted activity. The complete permit
shall be available for review at the work site upon request by District staff. The permittee
shall require the contractor to review the complete permit prior to commencement of the
activity authorized by this permit.
3. Activities approved by this permit shall be conducted in a manner which do not cause
violations of state water quality standards.
4. 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 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 specifications 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.
5. 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 7 days after the construction activity in
that portion of the site has temporarily or permanently ceased.
6. At least 48 hours prior to commencement of activity authorized by this permit, the permittee
shall submit to the District a Construction Commencement Notice Form No. 40C- 4.900(3)
indicating the actual start date and the expected completion date.
7. When the duration of construction will exceed one year, the permittee shall submit
construction status reports to the District on an annual basis utilizing an Annual Status
Report Form No. 40C- 4.900(4). These forms shall be submitted during June of each year.
8. For those systems which will be operated or maintained by an entity which will require an
easement or deed restriction in order to provide that entity with the authority necessary to
operate or maintain the system, such easement or deed restriction, together with any other
final operation or maintenance documents as are required by subsections 7.1.1 through
7.1.4 of the Applicant's Handbook: Management and Storage of Surface Waters, must be
submitted to the District for approval. Documents meeting the requirements set forth in
these subsections of the Applicant's Handbook will be approved. Deed restrictions,
easements and other operation and maintenance documents which require recordation
either with the Secretary of State or the Clerk of the Circuit Court must be so recorded prior
to lot or unit sales within the project served by the system, or upon completion of
construction of the system, whichever occurs first. 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 governmental entity. Failure to submit the appropriate final documents
referenced in this paragraph will result in the permittee remaining liable for carrying out
maintenance and operation of the permitted system.
9. Each phase or independent portion of the permitted system must be completed in
accordance with the permitted plans and permit conditions prior to the initiation of the
permitted use of site infrastructure located within the area served by the portion or phase of
the system. Each phase or independent portion of the system must be completed in
accordance with the permitted plans and permit conditions prior to transfer of responsibility
for operation and maintenance of that phase or portion of the system to local government or
other responsible entity.
10. Within 30 days after completion of construction of the permitted system, or independent
portion of the system, the permittee shall submit a written statement of completion and
certification by a registered professional engineer or other appropriate individual as
authorized by law, utilizing As Built Certification Form 40C- 1.181(13) or 40C- 1.181(14)
supplied with this permit. When the completed system differs substantially from the
permitted plans, any substantial deviations shall be noted and explained and two copies of
as -built drawings submitted to the District. Submittal of the completed from shall serve to
notify the District that the system is ready for inspection. The statement of completion and
certification shall be based on on -site observation of construction (conducted by the
registered professional engineer, or other appropriate individual as authorized by law, or
under his or her direct supervision) or review of as -built drawings for the purpose of
determining if the work was completed in compliance with approved plans and
specifications. As -built drawings shall be the permitted drawings revised to reflect any
changes made during construction. Both the original and any revised specifications must be
clearly shown. The plans must be clearly labeled as "as- built" or "record" drawing. All
surveyed dimensions and elevations shall be certified by a registered surveyor. The
following information, at a minimum, shall be verified on the as -built drawings:
a. Dimensions and elevations of all discharge structures including all weirs, slots, gates,
pumps, pipes, and oil and grease skimmers;
b. Locations, dimensions, and elevations of all filter, exfiltration, or underdrain systems
including cleanouts, pipes, connections to control structures, and points of discharge to the
receiving waters;
c. Dimensions, elevations, contours, or cross - sections of all treatment storage areas
sufficient to determine state - storage relationships of the storage area and the permanent
pool depth and volume below the control elevation for normally wet systems, when
appropriate;
d. Dimensions, elevations, contours, final grades, or cross - sections of the system to
determine flow directions and conveyance of runoff to the treatment system;
e. Dimensions, elevations, contours, final grades, or cross- sections of all conveyance
systems utilized to convey off -site runoff around the system;
f. Existing water elevation(s) and the date determined; and Elevation and location of
benchmark(s) for the survey.
11. The operation phase of this permit shall not become effective until the permittee has
complied with the requirements of general condition 9 above, the District determines the
system to be in compliance with the permitted plans, and the entity approved by the District
in accordance with subsections 7.1.1 through 7.1.4 of the Applicant's Handbook:
Management and Storage of Surface Waters, accepts responsibility for operation and
maintenance of the system. The permit may not be transferred to such an approved
operation and maintenance entity until the operation phase of the permit becomes effective.
Following inspection and approval of the permitted system by the District, 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 section 7.1 of the
Applicant's Handbook: Management and Storage of Surface Waters, the permittee shall be
liable for compliance with the terms of the permit.
12. Should any other regulatory agency require changes to the permitted system, the permittee
shall provide written notification to the District of the changes prior implementation so that a
determination can be made whether a permit modification is required.
13. 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 -4 or chapter 40C -40, F.A.C.
14. 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.
15. Any delineation of the extent of a wetland or other surface water submitted as part of the
permit application, including plans or other supporting documentation, shall not be
considered specifically approved unless a specific condition of this permit or a formal
determination under, section 373.421(2), F.S., provides otherwise.
16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or
other transfer of ownership or control of the permitted system or the real property at which
the permitted system is located. All transfers of ownership or transfers of a permit are
subject to the requirements of section 40C- 1.612, F.A.C. 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.
17. Upon reasonable notice to the permittee, District authorized staff with proper identification
shall have permission to enter, inspect, sample and test the system to insure conformity with
the plans and specifications approved by the permit.
18. If historical or archaeological artifacts are discovered at any time on the project site, the
permittee shall immediately notify the District.
19. The permittee shall immediately notify the District in writing of any previously submitted
information that is later discovered to be inaccurate.
20. This permit for construction will expire five years from the date of issuance.
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 surface water management system is approved pursuant to the information received by
the District on July 16, 2004, August 31, 2004, November 24, 2004 and November 29, 2004.
24. Prior to any demolition, reconstruction /construction within each parcel, a Standard
Environmental Resource permit must be obtained from the District for development of that
parcel.
25. During the initial development phase, no more than 20.0 acres total area, or 18.0 acres of
impervious area, can be redeveloped within the DRA utilizing the compensatory treatment
established under this permit.
26. For a minimum of three years prior to the expansion of the area allowed to be re- developed
utilizing the compensatory water quality treatment approved by this permit from the initial 20
acres (18 acres impervious surfaces) to 41 acres (36.9 acres impervious surfaces), the
permittee shall monitor total phosphorous, total nitrogen and total suspended solids within
Mill Creek and the Mill Creek Stormwater Pond No. 1 (also known as Mill Creek Year 3B
Pond), located south of 18`" Street and west of Country Club Circle in Sanford. These
parameters are to be measured on a quarterly basis continuously for the three -year period
at Mill Creek immediately upstream of the pond and at the Pond No. 1 outflow structure
(quadruple grate inlet structure at the northeast corner). All samples shall be collected
within 3 days of a rainfall event. All monitoring shall be conducted by a certified laboratory
designated by the permittee. Copies of the results shall be submitted to the District annually
on or before January 31"for monitoring conducted during the previous calendar year.
27. If the District determines that the water quality monitoring demonstrates that the removal
efficiencies utilized in the pollutant loading analysis have not been achieved by the system,
then the initial 20.0 -acre development phase shall not be expanded to the full 41.00 acres.
28. If the District determines that the water quality monitoring demonstrates that the removal
efficiencies utilized in the pollutant loading analysis have been achieved by the system, then
the permittee may cease monitoring, and the re- development area that is able to utilize the
compensatory treatment approved by this permit will be expanded to the full 41.0 acres of
total area or 36.9 acres of impervious area. The redevelopment area shall not be expanded
until the permittee receives written approval from the District.
29. The redevelopment of parcels within the DRA proposing to utilize the compensatory water
quality treatment approved by this permit shall conform to the following requirements:
- Prior to construction, each parcel applicant shall be required to obtain a Standard
Environmental Resource permit from the District.
- The application submittal shall demonstrate that total project area and impervious area,
when considered with all projects previously permitted to utilize the compensatory water
quality treatment approved by this permit and which have a valid permit, are below the limits
approved by this permit.
- The application shall also include a pre -post pollutant loading analysis for the three
identified pollutants which demonstrates that sufficient compensatory treatment is available
to provide treatment equivalent to retention and ensure a net reduction in the identified
pollutants. This analysis shall consider all projects that were previously permitted to utilize
the compensatory water quality treatment approved by this permit and which have a valid
permit.
- The proposed development must be located within the DRA defined by this permit. The
percent impervious of a development shall not exceed 90.0°/x.
- Each parcel applicant will be required to provide appropriate documentation and a
development map from the City of Sanford to the District acknowledging use of the
compensatory water quality treatment approved by this permit. The map shall demonstrate
that the proposed project is located within the DRA established by this permit
- Each parcel applicant will be required to install baffle boxes, Stormceptors or other best
management practice with equivalent water quality treatment efficiencies at each discharge
point of connection to the City's system to provide a measure of water quality treatment for
the improvements. Where feasible, pervious areas shall be graded to retain stormwater
through the creation of depressional areas, installation of swale checks, etc. and the use of
best management practices.
30. The permittee shall submit annually to the District on or before January 31' an overall
development map clarifying the location of developed parcels, total acreage developed, total
impervious area developed for the previous calendar year. This reporting shall continue
until the permit expires or all of the compensatory water quality treatment has been utilized.
31. This permit does not authorize any work in wetlands or other surface waters.