Shoreline Alteration/Dredge & Fill Permit Request Wesley B. and Judith Davis District 5 September 16, 2008 Environmental Protection Division Environmental Protection Division

Location Map 3806 Bibb Lane

Aerial Location Map

Site Plan Plan/View Existing Seawall Proposed New Seawall

Site Plan Side View Site Plan

Site Photograph Approximate Location of proposed seawall

History BCC Direction - Vertical seawalls are not a preferred method of erosion control and are strongly discouraged. Encourage alternative solutions and restore lost slope by aquatic plantings and rip-rap to minimize impacts to natural resources.

Lake Irma Approximate Location of proposed seawall

Alternatives Heavy Planting Rip-Rap Geo-Tube Envirolok

Environmental Protection Division Environmental Protection Division 800 Mercy Drive Orlando, Florida FAX Mercy Drive Orlando, Florida FAX

Conditions of Approval 1A. If an alternative shoreline stabilization method is approved by the Board of County Commissioners, the Applicant must provide EPD with a new planting plan, cross-section, site plan (as applicable), signed and sealed by a licensed engineer in the State of Florida, for review and final approval. OR 1B. Construction activities shall be completed in accordance with the plan submitted by Richardson Engineering., dated as received on February 15, 2007 by the Environmental Protection Division (EPD). 2.The permitted work must be commenced within six months and completed within one year from the date of issuance of the permit. In the event that project has not commenced within 6 months or completed within a year this permit is void.

Conditions of Approval 3.Native vegetation, including but not limited to, Sagittaria latifolia, Sagittaria lancifolia, Pontederia cordata, and Juncus effusus may not be removed from the shoreline outside of the specified access corridor, specific to project. 4.The permittee is hereby authorized to perform or cause to be performed the impacts shown on the application and approved drawings, plans, and other documents attached hereto or on file with the EPD. The permittee binds itself and its successors to comply with the provisions and conditions of this permit. If the EPD determines at any time that activities are not in accordance with the conditions of the permit, work shall cease and the permit may be revoked. 5.At least 48-hours prior to commencement of activity authorized by this permit, the permittee shall submit to the EPD, a "Construction Notice" (form CN ) indicating the actual start date and expected completion date.

Conditions of Approval 6. 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. 7. The permittee must require the contractor to maintain a copy of this permit, complete with all approved drawings, plans, conditions, attachments, exhibits, and modifications in good condition at the construction site. The permittee must require the contractor to review the permit prior to commencement of the activity authorized by this permit. The complete permit must be available upon request by Orange County staff.

Conditions of Approval 8.Issuance of this permit does not warrant in any way that the permittee has riparian or property rights to construct any structure permitted herein and any such construction is done at the sole risk of the permittee. In the event that any part of the structure(s) permitted herein is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent property owner's riparian or other property rights, permittee agrees to either obtain written consent or to remove the offending structure from the affected owner or to remove the interference or encroachment within sixty days from the date of the adjudication. Failure to comply shall constitute a material breach of this permit and shall be grounds for its immediate termination. 9.This permit does not release the permittee from complying with all other Federal, State, and Local rules and regulations. If these permit conditions conflict with those of any other regulatory agency the permittee must comply with the most stringent conditions.

Conditions of Approval 10.Should any other regulatory agency require changes to the permitted system, the permittee shall provide written notification to the Division of the change prior to implementation so that a determination can be made whether a permit modification is required. 11.The EPD must have final construction plan approval to ensure that no modification has been made during the construction plan process. 12. The permittee shall immediately notify the EPD, in writing, of any previously submitted information that is later discovered to be inaccurate. 13. The permittee shall notify the EPD, in writing, within thirty 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, during the permit period. 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.

Conditions of Approval 14.EPD staff, with proper identification, shall have permission to enter, inspect, sample and test the system to ensure conformity with the plans and specifications approved by the permit at any reasonable time. 15.The permittee shall hold and save the County harmless from any and all damages, claims or liabilities, which may arise by reason of the activities authorized by the permit. 16.No failure or successive failures, on the part of the EPD to enforce any portion of this permit shall impair the right of the EPD to enforce the same in the event of subsequent breach. 17.All costs, including attorney's fees, incurred by the County in enforcing the terms and conditions of this permit may be required to be paid by the permittee. The Environmental Protection Officer shall make this determination.

Conditions of Approval 18.Permittee agrees that any dispute arising from matters relating to this permit shall be governed by the laws of Florida, and initiated only in Orange County. 19.Turbidity and sediments must be controlled to prevent violations of water quality pursuant to Rule , (70) and Florida Administrative Code (FAC). Best Management Practices, as specified in the Florida Stormwater, Erosion, and Sedimentation Control Inspector's Manual, shall be installed and maintained at all locations where the possibility of transferring suspended solids into wetlands and/or surface waters due to the permitted activity. If site-specific conditions require additional measures, then the permittee shall implement them as necessary to prevent adverse impacts to wetlands and/or surface waters.

Conditions of Approval 20. The existing ambient water quality within Outstanding Florida Waters shall not be lowered as a result of the proposed activity, except as authorized by the Florida Department of Environmental Protection under Rule (2) FAC. 21. All excess lumber, scrap wood, trash, garbage, etc shall be removed from the project area and/or surface waters immediately. 22. The permittee shall restore any unauthorized wetland and/or littoral zone impacts within thirty days of completion of the project. The restoration will be done to the satisfaction of the EPD. 23. A copy of this permit, along with EPD stamped, approved drawings should be taken to the Zoning Division for approval in order to obtain a building permit.

Conditions of Approval 24. A certified site plan will be required to obtain a building permit. For further information, please contact the Zoning Division at (407) or the Division of Building Safety at (407) This permit will expire one year from issuance date. 26. Operation of the facility shall not become effective until the permittee has complied with the requirements of this permit. 27.The material used as fill shall be clean material and shall not contaminated with vegetation, hazardous, toxic waste or other materials that are not suitable within waters of the State.

Conditions of Approval 28. The permittee may maintain a clear access corridor below the Normal High Water Elevation (NHWE), not to exceed 30 feet in width, of sufficient length waterward from the shoreline, to allow access to open water. Any structures such as a boat dock or ramp must be located within this corridor. The remaining shoreline shall be naturally vegetated. 29.Prior to any filling within the 100-year flood zone a Flood Plain Permit must be obtained from the Orange County Stormwater Management authorizing the fill. 30.The permit holder must provide an as-built drawing on a final survey, signed and sealed by an appropriate professional licensed by the State of Florida, with the notice of completion. The signed and sealed as-built survey shall consist of an aerial view of the project site with the Normal High Water Elevation (NHWE), topographic elevations and cross sections with elevation data.