HomeMy WebLinkAbout2024 11 18 Consent 303 - Lake Jesup Overlook BoardwalkCONSENT AGENDA ITEM 303
CITY COMMISSION AGENDA | NOVEMBER 18, 2024 REGULAR MEETING
TITLE
Lake Jesup Overlook Boardwalk
SUMMARY
In August 2023 Kimley Horn was engaged to begin the structural design and plans for
the Lake Jesup Overlook Boardwalk at Central winds park. This Professional Services
agreement also included permitting with St. John's River Management District and
Wetland Delineation. This agreement had a purchase order issued for $33,700.
In August 2024, The St. John's River Management District responded to our
Environmental Resource Permit Application. They requested we respond to 20
additional question as well as completing a Tree Survey and a Cultural Resource
Assessment Survey. Kimley Horn submitted an amendment Number 1 to our
Professional Services Agreement to provide the requested surveys as well as
additional Environmental /Resource Permit support and Boardwalk and Structural
design and plans work. The cost for these services is $47,000.
City Procurement Policy requires City Commission approval for services over $50,000.
Since the additional services request now exceeds this requirement when considering
the initial agreement and the new amendment staff is submitting this to the City
Commission for approval.
FUNDING SOURCE
The Funding sources is GL 001-72-7230-560650. This is approved funding through
the FY 24/25 Budget.
RECOMMENDATION
Staff recommends the City Commission approve the additional $47,000 for the Lake
Jesup Overlook Project to fund the Amendment Number 1 to the Kimley Horn
Professional Services Agreement. Additionally, staff recommends authorizing the
Interim City Manager and City Attorney prepare and execute any and all documents
consistent with this agenda item.
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August 15, 2024
Hannah Smith
Kimley-Horn & Associates, Inc
Sent via email: hannah.esmith@kimley-horn.com
Re: Central Winds Park Lake Jesup Boardwalk
Application Number 222739-1
(Please reference the application number on all correspondence.)
Dear Ms. Smith:
The St. Johns River Water Management District (District) has received your Individual Environmental
Resource Permit application. Upon review of the proposed project, the following technical information is
needed to sufficiently review the application. This information is being requested under the authority
granted to the District by sections 373.413(2) and 373.4131, Florida Statutes (F.S.), and rules 62-
330.054, 62-330.060, 62-330.301 and 62-330.302, Florida Administrative Code (F.A.C.).
In order to expedite the review of your application, please use the application number referenced above
and respond electronically through e-Permitting at sjrwmd.com/permitting or submit all requested
information to the District.
ERP:
1. Please submit the required $1,190 application fee online or by check made payable to the St.
Johns River Water Management District. If additional wetland and surface water impacts are
identified, additional fees may be required. [62-330.071, F.A.C.; 40C-1.603(5), F.A.C.]
2. Please contact Kimberly Eisele at KEisele@sjrwmd.com or (407) 659-4821 to schedule a site
inspection to verify the wetland and surface water boundaries, assess any proposed wetland or
surface water impacts, verify the seasonal high water elevations and confirm UMAM scores, as
applicable. Have the wetland line and surface water boundaries clearly delineated onsite by an
environmental consultant prior to the site visit. The approved wetland line and any associated
wetland and surface water impacts must be surveyed and shown on the construction plans.
Please note that if wetland or surface waters will be impacted then additional fees and
environmental and engineering information may be required, and the project must meet the
review criteria as described in Section 10.0 of the Applicant’s Handbook (Environmental Criteria).
[62-330.301(1), F.A.C., 62-330.302(1)(a), F.A.C.; 10.0, A.H. Vol I]
3. Once the wetland and other surface water lines are approved, please include the location and
acreage of all wetlands and other surface waters, as well as the location and acreage of all
wetland and other surface water impacts, both direct and secondary, on the signed and sealed
construction plans for this application. Please also include the total square footage of the
structure over wetlands and surface waters and clearly depict the wetland lines on the
construction plans. [62-330.301, F.A.C., 62-330.302, F.A.C.; 10.0 A.H. Vol I].
4. Please include the surface water boundary, wetland boundaries, and Safe Upland Line/Ordinary
High Water Line on the plans. [62-330.301, F.A.C., 62-330.302, F.A.C.; 10.0 A.H. Vol I]
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5. Please provide a detail, with dimensions, of the proposed access points. [62-330.301, F.A.C., 62-
330.302, F.A.C.; 10.0 A.H. Vol I]
6. The proposed boardwalk appears to have access points within wetlands along the shoreline.
How will the boardwalk be accessed through the wetlands? Will new trails be created or will
improvements be made to the existing trails? If so, please provide further details and complete
dimensions to any access areas within wetlands. [62-330.301, F.A.C., 62-330.302, F.A.C.; 10.0
A.H. Vol I]
7. Once the boardwalk plans are finalized, please fill out the applicable Tables in Section C of the
ERP (attached) and submit accordingly. [62-330.301, F.A.C., 62-330.302, F.A.C.; 10.0 A.H. Vol I].
8. Please provide the method of installation and construction of the proposed docks, including
methods for moving equipment to the work site and methods for installing pilings, such as driving,
augering, or jetting. If jetting is to be used, describe how turbid water will be contained. [18-
20.004(5)(c) 2., F.A.C.; 10.2.4, A.H., 10.2.2, A.H.]
9. The type and locations of erosion control were not included on the plans. Please show the type
and locations of the proposed erosion and sediment control measures on the construction plans
and cross sections. [62-330.301, F.A.C.; 10.1.1(c)(f) and 10.2.4, A.H.]
10. The “Typical Section” on Sheet B-5 shows eight feet between pilings. The “Framing Plan” on
Sheet B-6 shows 10-feet between pilings. Please clarify the dimensions of the proposed
boardwalk. [62-330.301, F.A.C., 62-330.302, F.A.C.; 10.0 A.H. Vol I]
11. Please provide the following information regarding the proposed boardwalk. Mitigation will be
required for the direct, secondary, and cumulative impacts to the wetlands and surface water
functions [10.1.1, 10.2, 10.3 – 10.3.8, A.H, Vol I., 18-21.004(2) F.A.C.]
a) Clearly identify the location of any handrails and/or no mooring signs that will prevent the
mooring of vessels along the proposed boardwalk.
b) Please submit a submerged aquatic vegetation (SAV) survey and water depth survey of the
project area. Please provide a plan that details how the project was designed to eliminate
and/or reduce impacts.
c) Please include cross-sections that include the ordinary high and ordinary low water lines as
well as the height of the boardwalk above any wetland or aquatic vegetation.
d) Location and acreage of direct emergent aquatic vegetation impacts;
e) Location and acreage of secondary emergent aquatic vegetation impacts;
f) Location and acreage of direct submergent aquatic vegetation impacts; and
g) Location and acreage of secondary submergent aquatic vegetation impacts.
12. Mitigation is required to offset adverse direct and/or secondary impacts to wetland functions
caused by the proposed project. Please submit a complete mitigation plan that includes maps, a
narrative, and appropriate legal documents to satisfy the requirements outlined in 10.3.3 – 10.3.8,
A.H. Vol. I. If the mitigation plan is not solely comprised of the purchase of mitigation bank
credits, include the following information in your mitigation proposal:
a. A description of the current condition of the proposed mitigation area, including the percent
cover of exotics;
b. A detailed description of the proposed mitigation activities, including materials, plan and cross
sectional view of proposed activities, methods, and sequencing of work;
c. A detailed monitoring plan, to demonstrate success (include contingency costs in the cost
estimate);
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d. A management plan containing all aspects of operation and maintenance to keep each
mitigation area in the condition proposed under this plan;
[62-330.060(1), F.A.C.; 10.3 – 10.3.8, A.H. Vol I]
13. Secondary impacts to wetlands and surface waters from adjacent development will not be
considered adverse if upland buffers are maintained with a minimum width of 15 feet and an
average width of 25 feet. To qualify under 10.2.7 A.H., the upland buffers must be undisturbed
except for drainage structures and provide a conservation easement or other means of ensuring
the buffers will remain undisturbed during construction and use of the facilities. To qualify under
10.2.7 A.H., an applicant must demonstrate the upland buffers will remain undisturbed (except for
drainage structures) during construction and use of the facility. Mitigation will be required for all
secondary impacts that cannot be avoided. [62-330.301(1)(f), F.A.C.;10.2.7, A.H. Vol I]
The proposed project will result in secondary impacts. Please provide a figure with the location,
acreage and width of all secondary impacts that will result from the proposed project.
14. An applicant must provide reasonable assurances that a regulated activity will not cause
unacceptable cumulative impacts upon wetlands and other surface waters within the same
drainage basin. Please provide further details for the mitigation plan that demonstrates the project
will not result in unacceptable cumulative impacts. [62-330.302 (1)(b), F.A.C.; 10.2.8 A.H. Vol I]
15. A copy of your application has been sent to the Division of Historical Resources for review and
comment. The District is awaiting their comments and we may request additional information
based on the Division’s recommendations. If your project is determined to be located in the
vicinity of archaeological or historical resources, you must provide assurances to demonstrate
that the archaeological or historic site will be avoided and the project will not result in adverse
impacts to archaeological resources or historical properties. [5.5.2 A.H., Vol. 1].
16. Please be advised that your permit application has been forwarded to Florida Fish and Wildlife
Conservation Commission for review. Additional information or modifications to the plans may be
requested following receipt of their comments. Please note that an applicant must provide
reasonable assurances that a regulated activity will not impacts the value of wetland and other
surface water functions so as to cause adverse impacts to the habitat of fish, wildlife and listed
species or to the abundance and diversity of fish, wildlife, and listed species. [10.2.2, 10.2.8, A.H.]
SSL:
Lake Jesup appears to be Sovereign Submerged Lands (SSL) at the project location; a Title
Determination from the Department of Environmental Protection has been requested. The following
additional information is needed to complete your application and determine whether the activities
proposed on SSL are consistent with the criteria in chapters 18-20 and 18-21, F.A.C., and the proper form
of authorization. This information is being requested under the authority granted to the District under
section 373.427, F.S., and chapters 18-20 and 18-21, F.A.C.
17. Pursuant to Chapter 18-21.004(3)(d), F.A.C., the activities must be set back a minimum of 25 feet
inside the applicant’s riparian rights lines. For both the individual docks and the community dock,
please provide a survey to include the riparian rights lines and the distance from the proposed
structures to the riparian lines. Please submit the survey signed and sealed. If the proposed
project will not meet this rule criteria, please have the affected adjacent upland riparian owner
complete and return the Letter of Concurrence for Setback Waiver form. The form can be found
at the following link: https://floridadep.gov/sites/default/files/Setback-Waiver.pdf
If a setback waiver cannot be obtained, please modify the project to meet the criteria in 18-
21.004(3)(d), F.A.C. [18-21.004(3)(d), F.A.C.]
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18. Provide the total square footage of all existing and proposed structures and preempted area over
state owned sovereign submerged lands and the total linear feet of shoreline owned by the
applicant along sovereign submerged lands for each parcel proposed for a dock. [18-21, F.A.C.]
19. Please clarify the intended use of the community docking facility. Who will be utilizing the
proposed docking facility and will it be open to the public? [18-21, F.A.C.]
20. Demonstrate that meets the requirements for a letter of consent pursuant to Section 18-
21.005(1)(c), F.A.C., including demonstrating that similar existing and proposed activities will
cumulatively preempt no more than 10 square feet of sovereignty submerged land for each linear
foot of an applicant’s riparian shoreline, along sovereignty submerged land on the affected
waterbody within a single plan of development (see “preempted area” definition in Rule 18-
21.003, F.A.C.) If it cannot be demonstrated the proposed docks meet the letter of consent, a
lease may be required. [18- 21.003; 18-21.005(1); 18-21.008, F.A.C.
Please note per District rules, you have 90 days to respond to this RAI letter. An automated courtesy
reminder email will be sent to you on day 80 if you have not yet submitted a formal response to this RAI
letter.
Please be aware, suggestions or other direction provided by District staff are offered to assist applicants
in complying with District rules. However, applicants bear the burden of demonstrating that their
application meets the applicable rule requirements. Although District staff may provide suggestions to
applicants that would allow staff to recommend approval of an application to the District’s Executive
Director or delegatee, the final decision regarding the approval of a permit application is up to the
District’s Executive Director or delegatee. If an application is recommended for substantive denial, the
application will be scheduled for consideration by the District’s Governing Board. Applicants are hereby
advised the Governing Board and the Executive Director or delegatee are not bound by previous
statements or recommendations of District staff regarding an application.
If the applicant desires to dispute the necessity for any information requested on an application form or in
a letter requesting additional information, he or she may, pursuant to section 373.4141, F.S, and section
5.5.3.6, Environmental Resource Permit Applicant’s Handbook Volume I (ERP A.H. Volume I) request
that District staff process the application without the requested information. If the applicant is then
unsatisfied with the District’s decision regarding issuance or denial of the application, the applicant may
request a section 120.569, F.S. hearing pursuant to chapter 28-106 and rule 40C-1.1007, F.A.C.
Please be advised that under section 5.5.3.5, ERP A.H. Volume I, the applicant has 90 days from the
date the District makes a timely request for additional information to submit that information to the District.
If an applicant requires more than 90 days to respond, it must notify the District in writing of the
circumstances, at which time the application shall remain in active status for one additional period of up to
90 days. The District will grant additional extensions for good cause shown by the applicant. A showing
that the applicant is making a diligent effort to obtain the requested additional information, and that the
additional time period is both reasonable and necessary to supply the information will be considered good
cause. In such case, the District will grant a specified amount of additional time.
If the applicant chooses not to, or is unable to, respond to the request for additional information within the
above time frames, the application will be administratively denied. An administrative denial is not a
determination of the merit of an application and does not preclude the applicant from reapplying at a later
time. However, the applicant will not receive a refund of processing fees submitted, and the District will
not apply those processing fees to a subsequently submitted permit application or notice. If an applicant
cannot provide the information within the applicable time frames, the applicant may wish to withdraw the
application in accordance with section 5.5.3.7, ERP A.H. Volume I. Please note, pursuant to Rule 62-
330.020(2), F.A.C., no construction may begin on the proposed project until a permit is issued by the
District.
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If you have any questions, please contact Sandra Joiner, at (407) 659-4871 or by e-mail:
SJoiner@sjrwmd.com and Kimberly Eisele, at (407) 659-4821 or by e-mail: KEisele@sjrwmd.com.
Sincerely,
Sandra Joiner, P.E.
Supervising Professional Engineer
Division of Regulatory Services
Kimberly Eisele
Senior Regulatory Scientist
Division of Regulatory Services
CC: Regulatory File
Phil Hursh
City of Winter Springs
Sent via Email: phursh@winterspringsfl.org
Joseph Roberts
Kimley-Horn & Associates, Inc.
Sent via email: joseph.roberts@kimley-horn.com
Jeff Hemphill
Kimley-Horn & Associates, Inc.
Sent via email: jeff.hemphill@kimley-horn
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