Item G7
Revised 1/91
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 4-19-00
Division:
Public Works
Bulk Item: Yes
No X
Department: Enqineerinq
AGENDA ITEM WORDING: Approval of Consent Agreement with the South Florida
Water Management District for work at Marathon Park.
ITEM BACKGROUND: Monroe County was issued a Notice of Violation on March
21, 2000 by the SFWMD for construction without a permit. On March 30, 2000
the SFWMD followed this up with a proposal to settle the matter. The
settlement offer has three conditions; 1) Obtain a permit within 180 days,
2) Pay a $9,000 civil penalty, 3) Pay $1,000 in administrative costs.
The SFWMD has permitting jurisdiction in three basic areas; 1) if the
project involves wetlands, 2) if the project is larger than 10 acres, 3) if
the project has more than 2 acres of impervious area. Since, the conditions
stated in 1 & 2 don't apply to our project, we thought that we could begin
the project if we stayed below the threshold stated in item 3. Work began
at the park on February 7, 2000, but no impervious area has been
constructed to-date. Coordination with the SFWMD began on October 12, 1999.
A permit will be issued on April 19, 2000. In the interim, we have stopped
all work to show good faith and to cooperate fully with the SFWMD. Work
will resume on April 19, 2000.
PREVIOUS RELEVANT BOCC ACTION: On October 13, 1999 the Board approved the
contract with General Kantrax for work at Marathon Park.
STAFF RECOMMENDATION: Approval of the three conditions indicated in the
Item Background to settle the violation with the SFWMD, and authorization
for Mayor to execute the Consent Agreement, subject to legal review.
TOTAL COST: $10.000.00
COST TO COUNTY: $10.000.00
BUDGETED: Yes No X
Money will corne from the project account.
REVENUE PRODUCING:Yes
No X AMOUNT PER MONTH
YEAR
Item Prepared By:
Management_
APPROVED BY: County
artment
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included:
To Follow: X Not Required:
DISPOSITION:
Agenda Item #:
1-- {;-?
APR-18-00 15.18 FROM.MONROE COUNTY ATTY OFFICE ID.30~2823516
C oKlffJwlY Of r-Il2~A~gf
DATE:
April 17, 2000
Dave Koppel
Engineer
TO:
FROM:
Jim Hendrick
County Attorney
Marathon Park SFWMD Permit
RE:
PAGE 2/4
@.OARD OF COUNTY COMMISSIONERS
MAYOR, Keith DouglaSS, District 4
Mayor Pro Tern. Jack London, District 2
Wilhelmina Harvey, District 1
Shlney Freeman. District 3
Mary Kay Reich. District S
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This is in response to your memo of April!3, 2000.
FAC Rule 40E-40.041 has been transferred, renumbered and amended. The
criteria for "NO Notice General Permit(s) for Activities in Uplandsn are now set
forth in Rule 40E-400.315 (copy attached). The Rule is not a model of darity in
rule-making. Section (1) grants a no notice general permit for the construction
of \\minor systems," an undefined term,l Assuming that it is a "minor system,"
our park project, as proposed, wouldn't meet all these criteria, but presumably
could comply if the impervious surface to be constructed were reduced to Jess
than two acres. In view of the pending condemnation lawsuit, the current
project might be considered \\part of a larger common plan of development," and
therefore disqualified for a no-notice permit, by reason of sub-section (F). Were
that argument to be made, we would respond that the COunty doesn't yet own
the land, and ~ make any improvements to it unless and until a taking order
is entered by a court.
Because work has been temporarilY suspended and a permit for the Project is
pending, the issue would be moot but for the District's threatened imposition of a
fine. If, after considering this Memo together with my earlier Memorandum of
April 12, you decide to recommend to the BOCC that the County resist imposition
of a fine, reasonable legal argument could be made in support of that decision,
!&:... :
1 Rule 40E-400.475 describes certain "minor systems,. but is inapplicable to the subject work.
e
APR-18-00 15.18 FROM.MONROE COUNTY ATTY OFFICE 10.3052823516
PAGE
3/4
Dave Koppel
Page Two
4/17/00
1) The project includes no dredging or filling; therefore the County did not
violate FAC 40E-4Q,041 by failing to obtain a District permit.
2) Alternatively, no work was performed which exceeded the no-notice
general permit threshold in Rule 40E-400.315; rather, the County applied for,
and will not construct any impervious surface until it has received, a District
permit.
JTH/jeh
Enclosure
cc: Jim Roberts
15,.18 FROM.MONROE COUNTY ATTY OFFICE 10:3052823516
APR-18-00
PAGE
4/4
(R. 7198)
4OE-400.31S WATER MANAGntENT DISTAJC....S V. 14, P. 754
other aransfer of ownership or control of the Subpart BNo Notice Geaenl EnriroalllelltaJ
pennined s)'slCm or the real property at wbich the Resource Permiq
pennined syslCm is located.
(8) Upon reasonable notice to the pem1iacc.
District staff with proper identification shall have
pmmission to enter. inspcct. sample ,and ~t the
pennitted syStem to insure confomuty WIth. the
plans and specifICations ~ed. by the ~
(9) The penniltce shall mamtam any pemutted
syst.em in accordanCe wid! the plans submitted to
the DistricL
(10) A ptnninee's right t? conduct a ~~e
noticed activity under this noticed general pemut IS
authorized fef a duration of five years.
(11) Construction. alteration. operation.
maintenance. Im1lOval and abandoMlent approved
by this general permit shall be conducted in a
manner which docs not cause violations of state
water quality standards. including any
antidegnldadOl1 provision:> of secUons
62~4.242(I)(a) and (b). 62-4.242(2) and (3), lad
62-302.300. FA.C.. and any special staBdards for
Outstanding florida Waren and Outstanding
National Resource WatclS. The permittee shall
implement best management practices for erosion.
turbidity, and other pollution con~1 to prevent
'Iiolation of Slate water quality sfmldaRls.
Tempomy erosion conwl measures such as
sodding. mulching, ud seeding shall be
implemented and shall be maintained on all
erodible ground areas prim' to and during
constn.lction. Pennanenl erosion control ~
such' as soddine and planting of wetland species
shall be completed witbin seven days of any
construction activity. 1\u'bidity barriers shall be
installed and maintained at all locations wbctc th&!l
possibility of nnsfClring suspended soUds into
wetlands or other surface walUS exists due to the
pcnnitted activity. Turbidity bmicrs sball remain in
place and shall be maintained in a functional
conditioQ at all locations until consauc:tion is
completed and soils are stabilized and vegetarion
has been established. Thercaft.c:r the permittee shall
be responsible for the removal of the barriers. The
permittee snail c:orrcct any erosion or shoaling that
caUSC$ adverse impacts to the water resources.
(12) The permittee sball hold and save the
Oistrict harmless from any and all damages.
claims. or liabilities which may arise by n:ason of
the construction. alECralion. operation. maintenance,
removal, abandonment or use of any system
authorized by the general permiL
(13) The pennittee shall immcd~ly notify the
District in writing of any previously submitted
information that is later discovered to be
inaccurate.
s~cific AlltJsority J7JJJ44. 373.1 lJ, 373.118 FS. Ur.w
Jmpkm~lIled 373./09.373./18. j7!J."/3. 373.4/6. 373.426
FS. His.tD~ew 10.3.95. A1M1tdM 7-2-98.
48E-4GO.JlS No Nodee GeaenI Permit for
Activldes in Up"""
(1) A 00 notice geaeral permit is hereby panted
for the constnlClion or altendon of aniaor syS1ltmS
localed entirely within uplands. pnwUIed dw the
pIOpOSCd sys~m meets all of the following eritc:ria;
Ca> the total project area is less tban 10 acres;
(b) the total project area involves 1ess than 2
~ of impervious surface;
(e) no activities will impact wetlands 01' 0Iher
mace W'lder&;
(d) no activities are conduetcd in. on. or aver
wetlands or olher surface WIlen;
(e) drainage:: f~lities sba1I DOt include pipes
with dian1ctefS ~ rban 24 inches or dac
hydraulic equivalent aDd sba11 not utilize pwnps in
any manner;
(t) the project is QOt part of a Jarger t'.ftml'lll'll\
plan of development or sale.
(2) A no notice acucraI permit is _by grWed
for lbc cansttuetion ot alftDtion of SUI'fKC water
management syStems, provided tbal the swfacc
water managCllWllt system meets aU of tbe
conditions of Bllbsecdon (I), below, md .U
thresholds and cunditions of aI least CJae of die
subsections (b). M. or (d). below.
(a> GeaeraI Conditions
I. 1"hc surfaee water matJ8&CIDCIlt system dcsip
plans must be siped and sealed by a Plorida
Registered ProfelOsional Eagineer ,if rcquirccl by
Chapter 471, P.5.
2. Tbe surfJtlC water manacement system must
meet the erircria specified in Rule 4OE-4.301,
RA.C., and applicable local requizemcnts.
3. Eltccpt B$ allowed for in Rule 4OE~.G4I(7),
F.A.C.. the project must not be located in naIUtal
water bodies. viabtc wetlands habitat, waren of tbe
state, or a Florida Outstaadinc Water as listed in
Rule 62--302.100, f.A.C.
4. The permitte~ must have obtained a WOIts of
the District l)enuit pursuant 10 Cbapter 408-6.
F.A.C.. if the project proposes 10 connect with.
place struc:tures in or aaoss or otberwise I1IIb use
of works of the: DistricL
(b) 1bn:lholds and Addi'iQnlll Condidons Witbin
Dade County.
1. Tbc project must have less than 40 aera total
land IIQ with p€)sitive stonnWIIer aulfall or Jess
tban 320 aacs tow land. Ilea aDd leu tban 160
acres of impervious ama with DO positive
$tomIW~r outfall.
2. The project and surface wata" management
syStem must have been approved by the Dade
County Department of Environmenlal Rcsourc:c
Management or it... successor agenc:y subsequent to
October 2. 1977.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
.. 3301 Gun Club Road, West Palm Beach, Rorida 33406 . (561) 686-8800 . FL W ATS 1-800-432-2045 . TOO (561) 697-2574
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 . www.sfwmd.gov
CON 24-06-04
00059
March 30, 2000
Monroe County Board of County Commissioners
c/o David Koppel, County Engineer
5100 College Road
Key West, Florida 33040
Dear Mr. Koppel:
Subject:
In Aid of Settlement:
Notice of Violation,
Construction Without a Permit,
Marathon Park Phase I,
ERP Permit Application No. 000110-5
Monroe County
Sec.l0ffwp.66SlRge.32E.
This correspondence is being sent to you in reference to your Notice of Violation dated March 21,
2000 for clearing, grading, and filling the property without permit authorization. In that Notice of
Violation, you were informed that specific terms for resolution of this violation would be forwarded
to you upon completion of our staffs investigation.
The following three (3) items are the terms to resolve the violation:
1. Obtain an Environmental Resource Permit (ERP) for the activities completed to
date, and for those proposed, on the subject property within 180 days of receipt of
this letter. If an ERP Permit is not obtained within 180 days of receipt of this letter,
the site shall be restored to its pre-construction condition (as determined by District
staff).
2. Payment of Nine Thousand Dollars ($9,000.00) in civil penalty.
3. Payment of One Thousand Dollars ($1,000.00) in staff investigative costs and
attorney fees.
AFr"
GOHR:-,'r.\'G BOARD
EXECUTIVE OFFICE
\lichael Collins, OJamllall
\lichaei D. \linton, Vice Oll,ir",,,,,
\litcheil \\'. BerC;er
\' era .\.1. Carter
Gerardo B. Fernandez
Patrick J. Gleason
\:icolas J. " -' ..... - ,-' Frank R. Finch. r.E.. EXCClltl1'C Oir,'o,>.
Harkle\' R. TRet:a~_____ _ _ ______ __ _ _ _ ___ James E. Blount. Chid"f5/aff
Trudi K. Williams
Marathon Park Phase I
March 30, 2000
Page 2
The District is authorized under section 373.129, Fla. Stat., to seek civil penalties and recover
costs. This civil penalty amount was calculated by using the United States Environmental
Protection Agency's (E.P.A.) Penalty Matrix which the District employs for calculating all civil
penalties.
Be advised the $9,000.00 civil penalty and $1,000.00 District cost is a proposed settlement of this
violation. Should you choose not to accept this proposal, the District will pursue the resolution of
this violation through the judicial process with an increase in civil penalties and accumulated costs.
Therefore you are directed to respond to this letter, in writing, within seven (7) days of receipt with
your acceptance or rejection of these terms of this proposed settlement Should you accept the
settlement, the District will document resolution through a Consent Agreement. This document
will be forwarded to you within thirty (30) days of our receipt of your written acceptance. Upon
your signature on the Consent Agreement and returning it to the District, we will present it to the
Governing Board with a recommendation for approval. Once the Board has approved the Consent
Agreement, you will be responsible to fulfill your obligations, including payment of penalties and
costs within the time frames detailed in the Order section of the Agreement
PLEASE NOTE THAT THE MATIERS DESCRIBED IN THIS CORRESPONDENCE
MAY NOT REPRESENT ALL NECESSARY CORRECTIVE ACTION REGARDING
TIllS SITE, AS FURTHER INVESTIGATION MAY DISCLOSE ADDmONAL
INFORMATION. TIllS CORRESPONDENCE IS NOT THE FINAL SEITLEMENT
DOCUMENT. ANY TERMS AND CONDmONS AGREED TO BY THE PARTIES Wll..L
NOT BE A FINAL RESOLUTION OF THIS ACTION UNTIL SUCH TIME AS THEY
ARE COMMI'ITED IN A CONSENT AGREEMENT EXECUTED BY THE
RESPONSmLE PARTY AND THE soum FLORIDA WATER MANAGEMENT
DISTRICT.
r
Marathon Park Phase I
March 30, 2000
Page 3
If you have any questions please contact me at this office. Your attention and cooperation in this
matter is appreciated.
Sincerely,
O~~.
Rudy Smith, Senior Regulatory Supervisor
Environmental Resource Compliance Division
RS/sm
CERTIFIED MAIL NO. Z 196 413 156
c: Mr. J. Fumero, SFWMD, Office of Counsel
SOUTH FWRIDA WATER MANAGEMENT DISTRICT
3301 Gun Club Road. West Palm Beach. Rorida 33406 . (561) 6B6-88OO . FL WATS 1-8OQ..432-2045 . TOD (561) 697-2574
Mailing Address: P.O. Box 24680. West Palm Beach. FL 33416-4680 . www.sfwmd.gov
CON 24-06-04
/
March 21, 2000
Monroe County Board of County Commissioners
c/o David Koppel, County Engineer
5100 College Road
Key West, Florida 33040
Dear Mr. Koppel:
NOTJ:CE OF VIOLATJ:ON
Subject:: Const:.ruct::i.on W:i. 'thout: a Parmi. t:,
Mara'thon Park Phase J:
BRP App1:i.cat::i.on No. 000110-5
Monroe Coun'ty
Sec.l0/TWp.66S/Rqe.32E.
A field inspection by District staff indicates that you have
violated section 373.413, 1'1&. S1:at:., and rule 40E-4. 041, 1"1a.
Admin. Code, for construction of "works" at the above location
without a permit authorization from the South Florida Water
Management District. "Works" are defined in section 373, 1"1a.
S1:at:. The "works" on this project include, but are not limited to
clearing, grading and filling of the property.
As a result of this violation, the District will seek civil
penalties and recovery of staff investigative costs and may
require restoration of the site. The specific terms for
resolution of this violation will be forwarded to you shortly in
the form of a settlement letter. Please be advised that the
District is authorized under section 373.129, 1"1a. S1:at:. to seek
civil penalties and to recover costs such as staff investigative
time and attorney fees. Furthermore, should you continue to
violate section 373.413, 1"1a. S1:a't., and 40E-4.041, 1'1a. Admin.
Code, this District will take immediate action to mandate
compliance.
~ r (;': c-: fj\' ,fiI?fn'
L_ _~~_~._; . 1,'"
i
\ ,
I ni ~~R 2 ~~OD~cU;
U~v~;.j U &-/
___..________.........__a....
GOVER.\lI~G BOARD
EXECUTIVE OFFICE
Michael Collins. O/ainnan
:o.1ichael D. :o.1inton. Vice CllIlinl/an
:'vlitchell W. Berger
Vera M. Carter
Gerardo B. Fernandez
Patrick J. Gleason
Nicolas J. Gutierrez. Jr.
Harkley R. Thornton
Trodi K. Williams
Frank R. Finch. P.E.. ExecutiVf' Director
James E. Blount. O/iefofStatf
Marathon Park Phase I
March 21, 2000
Page 2
If you have any questions please contact Mr. Stacy Myers (561)
682-6208. Your attention and cooperation in this matter is
appreciate
nior Regulatory Supervisor
Resource Compliance Division
RS/sm
CERTIFIED MAIL NO. Z 196 413 195
c: Mr. J. Fumero, SFWMD, Office of Counsel
Mr. Bert Bender, Bender and Associates