2023-08-17 V. A. #23-010-TRC, Exhibit 1, Req for Add'l Info from SFWMDSOUTH FLORIDA WATER MANAGEMENT DISTRICT
* Delivered Via Email
June 1, 2023
Jeffrey Sumner *
Sumner Engineering & Consulting, Inc
410 NW 2nd Street
Okeechobee, FL 34972
Subject: Mallard Landing
Request for Additional Information
Application No. 230502-38495
Okeechobee County
Dear Mr. Sumner:
District staff reviewed the above -referenced application. The District is requesting the following
information, in accordance with Section 5.5.3.1 of the Environmental Resource Permit Applicant's
Handbook Volume I (Vol. 1), adopted by reference in Section 62.330.010(4)(a), Florida
Administrative Code (F.A.C.), to complete the application and provide reasonable assurances for
permit issuance:
1. Please indicate how water and wastewater service will be supplied and provide
documentation of available capacity. [62-330.060, Section E, Part 4 (e)]
2. The District has not yet received correspondence from the Florida Fish and Wildlife
Conservation Commission (FWC) on this project. Additional information and/or project
revisions may be required should FWC have comments. In the event FWC does have
comments regarding this project, please provide copies of the applicant's responses to any
comments from the FWC. Additionally, please submit results of a detailed wildlife survey for
the project site. [Section 10.2.2, Vol. 1]
3. At this time, the District has not received correspondence from the Florida Department of
State's Division of Historical Resources (DHR). What is the status of review by the DHR?
Pursuant to Section 10.2.3(f), Volume I, the District will require documentation from DHR
indicating that the proposed project will not adversely affect historical or archaeological
resources in order to recommend approval of this application. [Subsection 373.414(1)(a)6,
F.S., Rule 62-330.302(1)(a)6, F.A.C.; Section 10.2.3.6, Vol. 1]
4. It does not appear the applicant explored practicable design modifications to reduce or
eliminate adverse impacts to wetland functions. If design modifications cannot be made,
please address the following [Section 10.2.1, Vol. 1]:
1. Demonstrate that the applicant has adequately pursued site plan alternatives that
eliminate and/or reduce impacts to wetland functions and identify any relevant project
design constraints; or
2. If the applicant intends to utilize the provisions of Subsection 10.2.1.2, Vol. I, which
provides that the District will not require the applicant to demonstrate practicable project
3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686-8800 • 1-800-432-2045 • www.sfwmd.gov
Mallard Landing, Application No. 230502-38495
June 1, 2023
Page 2 of 5
design modifications to reduce or eliminate wetland impacts when the applicant proposes
mitigation that will provide greater long-term ecological value than the area of wetland to
be adversely affected, please demonstrate how the applicant proposes to address this
criterion.
5. Submitted information indicates other surface waters will be filled under this application. The
project site lies within the core foraging area of wood stork colonies; a listed wading bird
species known to use shallow ditches for foraging. Therefore, please address the following
items regarding the potential for impacts to the wood stork and/or wood stork foraging habitat
associated with the proposed project: [Sections 10.2.2 and 10.2.2.2, Vol. 11
1. Please provide a detailed evaluation on the suitability of the on -site ditches for use as
foraging habitat by the wood stork, which supports and concentrates, or is capable of
supporting and concentrating small fish, frogs, and other aquatic prey. Specifically, please
identify and quantify the areas of relatively open (less than 25 percent aquatic
vegetation), calm water, and having a permanent or seasonal water depth between 2 and
15 inches.
2. If adverse impacts to wood stork foraging habitat are proposed, please indicate how the
applicant proposes to offset the impacts.
3. Please provide any copies of correspondence received from the U.S. Fish and Wildlife
Service and/or the Florida Fish and Wildlife Conservation Commission on the proposed
project, and indicate how the agencies' concerns, if any, will be resolved regarding
potential impacts to the wood stork and/or wood stork foraging habitat.
6. It is unclear if there will be a sufficient upland buffer between the proposed development and
the offsite wetland to to the south wetlands. Were secondary impacts to wetlands considered?
Please identify and address any secondary impacts associated with the proposed work,
elimination/reduction of those impacts, and mitigation for any unavoidable secondary impacts.
Additionally, please update the plans to indicate the width of the existing upland buffer, and
the proposed post development buffer between the development and the adjacent wetland. [
Rule 62-330.060, F.A.C. and Section 4.2.3 and 10.2.7, AH 1] [62-330.060, Section C, F.A.C.,
Section 10.2.7, Vol. 1]
7. Based on the submitted information, the wetland acreage identified in the Environmental
Report and Section C (0.36 acres) does not match the wetland acreage shown on the
construction plans (0.635 acres). Please clarify and revise these documents as necessary.
Additional information, including mitigation, may be required based on the response. [
62-330.060, Section C, F.A.C]
8. This project is located in an area that ultimately discharges to an impaired water body, WBID
3205B, which is impaired for Total Nitrogen (TN) as well as Total Phosphorus (TP). Please
provide a revised pre- versus post- nutrient loading analysis to show that the proposed project
does not add to the impairment of the receiving water body. [Section 8.3, Vol. 11
9. The plan sheets indicate the plans are "Not for Construction". In order for the District to issue
a construction authorization the plans must be in final form and all references to "Not for
Construction" must be removed from the plans. Please submit signed and sealed
construction level plans in final form [62-330.060 (1), Section E, Part 2, (1)].
10. Please remove the vertical infiltration component from the recovery analysis. Recovery
through the side slopes is primarily a function of horizontal infiltration. [Section 5.3, Vol. 11]
Mallard Landing, Application No. 230502-38495
June 1, 2023
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11. The application submitted indicates that the entity to receive the permit is the City of
Okeechobee. Please provide documentation of the applicant's real property interest over the
properties subject to the proposed activities (e.g. warranty deed, contract to purchase, etc.). [
Section 4.2.3(d), Vol. 1]
12. The area subject to the proposed works is owned by multiple owners. Multiple signature
pages were provided. In accordance with Section 4.2.3(d), Vol. I, please provide the
following:
• Ownership documentation for each owner within the area subject to the proposed works,
such as warranty deeds.
• In the case of a contract purchaser, submit a copy of the fully executed contract with legal
description. The application must still be signed by each owner. Note that the contract
purchaser cannot begin work until proof of ownership is provided to the District.
• Clarify who the intended permittee should be.
13. Based to the submitted drainage report, the City of Okeechobee and Mallard Landing
Homeowners Association, Inc. (HOA) will be the entities responsible for the perpetual
operation and maintenance of the proposed works and the different portions of the SWM
system.
In accordance with Sections 4.2.3(g) and 12.3.3, Vol. I:
• Copies of the declaration of covenants, articles of incorporation and any documents that
assign responsibility for the operation and maintenance of the system.
• Written confirmation, such as a letter or resolution from the City of Okeechobee, that it will
accept the operation and maintenance responsibility of certain portions of the stormwater
management system
• Written confirmation, such as a letter or resolution from the already established HOA, that
it will accept the operation and maintenance responsibility of some portions of the
stormwater management system.
14. Provide a copy of the legal description in Word document of the total land area subject to the
proposed works, for the District's use in the permitting noticing process. [Rule 62-330.060;
F.A.C.]
If any of the items in this RAI need clarification or discussion, please contacUessica
Huffman, Environmental Analyst, Environmental Resource Bureau at (863) 462-5260 x3018
or via email at jhuffman(a-sfwmd.gov; Patty Therrien, P.E., Lead Engineer at (407)
858-6100 x3824 or via email at ptherrie(cDsfwmd.gov; and Sandra Gonzalez, Property
Analyst at (561) 682-6786 or via email at sgonzale(@sfwmd.gov.
Advisory Comments: The following comments are advisory in nature and do not require a
response to the District.
Al. As of Dec. 22, 2020, the Florida Department of Environmental Protection (DEP) has assumed
authority to administer the dredge and fill permitting program under Section 404 of the Federal
Clean Water Act within certain "assumed waters" in the state. Your project may fall within
assumed waters.
If your project involves wetland or other surface water impacts, and if you do not already have a
Mallard Landing, Application No. 230502-38495
June 1, 2023
Page 4 of 5
permit from the U.S. Army Corps of Engineers (USACE) under Section 404 of the Clean Water
Act, you may need a State 404 permit.
If your project requires a State 404 permit, please complete Section I of the ERP application
"Supplemental Information for State 404 Program Permits" and upload it along with other
application documents to the District's ePermitting portal.
There is no need to submit a State 404 permit application if you already have an application
pending with the USACE because the USACE will transfer any pending applications within
assumed waters to DEP.
If you already have a 404 permit from the USACE for the same work proposed in this ERP
application, then no further action is required, unless revisions are proposed to the project such
that a modification to the 404 permit is required.
More information about the State 404 permitting program may be found on DEP's website: https://
floridadep.gov/water/submerged-lands-environmental-resources-coordination/content/state-404-
program.
Please contact your local DEP office for any questions regarding the need for a State 404 permit.
A2. Included with this letter/permit is a brochure from the Florida Department of Environmental
Protection (FDEP) on Florida's National Pollutant Discharge Elimination System (NPDES)
program for construction activities.
As the brochure indicates, the U.S. Environmental Protection Agency authorized the FDEP in
October 2000 to implement the NPDES stormwater permitting program in Florida. The District is
assisting FDEP by distributing this information to entities which may be subject to regulation under
the NPDES program. No response to the District is required.
A "Generic Permit for Stormwater Discharge from Large and Small Construction Activities" (CGP)
is required for a construction activity which ultimately disturbs an acre or more and contributes
stormwater discharges to surface waters of the State or into a municipal separate storm sewer
system.
The permit required under FDEP's NPDES stormwater permitting program is separate from the
Environmental Resource Permit required by the District. Receiving a permit from the District does
not exempt you from meeting the NPDES program requirements.
If you have any questions on the NPDES Stormwater program, call 866-336-6312 or email FDEP
at NPDES-stormwater@dep.state.fl.us. For additional information on the NPDES Stormwater
Program including all regulations and forms cited in the brochure visit: www.dep.state.fl.us/water/
stormwater/npdes/.
Please submit the complete response electronically on the District's ePermitting website
(www.sfwmd.gov/epermitting) using the 'Additional Submittals' link. Information on the District's
ePermitting program is enclosed. Alternatively, please provide (1) original hard copy of the
requested information, clearly labeled with the application number, to the Okeechobee Service
Center at 316 NW 5th Street, Okeechobee, FL 34972.
If a complete response is not provided within 90 days of this letter, this application will be
Mallard Landing, Application No. 230502-38495
June 1, 2023
Page 5 of 5
processed for denial, in accordance with Section 5.5.3.5 of Vol. I. If additional time is necessary,
please submit a written request for an extension via the ePermitting website before the 90-day
period ends, including a description of the circumstances requiring the extension of time.
For projects where more than 90 days will be needed to develop a complete application, it is
recommended that the applicant withdraw the current application and resubmit a complete
application at a later date. The processing fee, if paid, can be applied to a new application that is
submitted within 365 days, pursuant to Rule 62-330.071(3), F.A.C. If the application is denied by
the agency, fees will not be returned or credited.
Sincerely,
Ar— "1
4 46�--
Richard Lott, P.G., P.E.
Section Leader, Engineer
c: Richard Fadil, Holiday Builders, Inc *
David M Rubin, Okeechobee Lots, LLC
John B Lashley *
Chris Sopotnick, Ecological Consulting Of Florida, Inc