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SFWMD Water Use PermitSOUTH FLORIDA WATER MANAGEMENT DISTRICT Environmental Resource Regulation Permit No. 50- 00084 -W Application No. 070612 -23 September 18, 2008 THE VILLAGE OF NORTH PALM BEACH (VILLAGE OF NORTH PALM BEACH) 501 US HIGHWAY 1 NORTH PALM BEACH, FL 33408 Dear Permittee: Enclosed is your Permit as authorized by the Governing Board of the South Florida Water Management District at its meeting on September 11, 2008. Special Conditions to your Permit require reports to be filed with this District. Please read these Conditions and use the enclosed form(s), as applicable, for your submittal of these required reports. If you have any questions, please do not hesitate to contact this office. Sincerely, ElizWbeth Veguilla Deputy Clerk Environmental Resource Regulation Department Enclosures 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 • FL WATS 1- 800 - 432 -2045 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 • www.sfwmd.gov SOUTH FLORIDA WATER MANAGEMENT DISTRICT WATER USE PERMIT NO. RE -ISSUE 50- 00084 -W ( NON -ASSIGNABLE) FORM #0299 Rev. 5193 Date Issued: 11 -SEP -2008 Expiration Date: September 11, 2028 Authorizing: THE CONTINUATION OF AN EXISTING USE OF SURFACE WATER FROM ON -SITE LAKE(S) /POND(S) AND SFWMD CANAL (C -17) FOR GOLF COURSE IRRIGATION AND LANDSCAPE IRRIGATION USE SERVING 144.2 ACRES WITH AN ANNUAL ALLOCATION OF 181.28 MILLION GALLONS. Located In: Palm Beach County, S17,16,8,9/T42S/R43E Issued To: THE VILLAGE OF NORTH PALM BEACH (VILLAGE OF NORTH PALM BEACH) 501 US HIGHWAY 1 NORTH PALM BEACH. FL 33408 This Permit is issued pursuant to Application No.070612 -23 , dated June 12, 2007, for the Use of Water as specified above and subject to the Special Conditions set forth below. Permittee agrees to hold and save the South Florida Water Management District and its successors harmless from any and all damages, claims or liabilities which may arise by reason of the construction, maintenance or use of activities authorized by this permit. Said application, including all plan and specifications attached thereto, is by reference made a part hereof. Upon written notice to the permittee, this permit may be temporarily modified, or restricted under a Declaration of Water Shortage or a Declaration of Emergency due to Water Shortage in accordance with provisions of Chapter 373, Fla. Statutes, and applicable rules and regulations of the South Florida Water Management District. This Permit may be permanently or temporarily revoked, in whole or in part, for the violation of the conditions of the permit or for the violation of any provision of the Water Resources Act and regulations thereunder. This Permit does not convey to the permittee any property rights nor any privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation, or requirement affecting the rights of other bodies or agencies. Limiting Conditions are as follows: SEEPAGES 2 - 5 OF 5 (23 LIMITING CONDITIONS). South Florida Water Management District, by its Governing Board On e rm Cr- 1 W By e v U �--- Dep ty Clerk PAGE 1 OF 5 PERMIT NO: 50- 00084 -W PAGE 2 OF 5 LIMITING CONDITIONS This permit shall expire on September 11, 2028. Application for a permit modification may be made at any time. Water use classification: Golf course Irrigation Landscape Irrigation 4. Source classification is: Surface Water from: On -site Lake(s) /Pond(s) SFWMD Canal (C -17) Reclaimed Water from: Seacoast Utilities 5. Total annual allocation is 181 MG. Total maximum monthly allocation is 26.033 MG. These allocations represent the amount of water required to meet the water demands as a result of rainfall deficit during a drought with the probability of recurring one year in ten. The Permittee shall not exceed these allocations in hydrologic conditions less than a 1 in 10 year drought event. If the rainfall deficit is more severe than that expected to recur once every ten years, the withdrawals shall not exceed that amount necessary to continue to meet the reasonable - beneficial demands under such conditions, provided no harm to the water resources occur and: (a) All other conditions of the permit are met; and (b) The withdrawal is otherwise consistent with applicable declared Water Shortage Orders in effect pursuant to Chapter 40E -21, F.A.C. 6. Pursuant to Rule 40E- 1.6105, F.A.C., Notification of Transfer of Interest in Real Property, within 30 days of any transfer of interest or control of the real property at which any permitted facility, system, consumptive use, or activity is located, the permittee must notify the District, in writing, of the transfer giving the name and address of the new owner or person in control and providing a copy of the instrument effectuating the transfer, as set forth in Rule 40E- 1.6107, F.A.C. Pursuant to Rule 40E- 1.6107 (4), until transfer is approved by the District, the permittee shall be liable for compliance with the permit. The permittee transferring the permit shall remain liable for all actions that are required as well as all violations of the permit which occurred prior to the transfer of the permit. Failure to comply with this or any other condition of this permit constitutes a violation and pursuant to Rule 40E- 1.609, Suspension, Revocation and Modification of Permits, the District may suspend or revoke the permit. This Permit is issued to: Village of North Palm Beach 501 US Highway One North Palm Beach, FL 33408 Withdrawal facilities: PERMIT NO: 50- 00084 -W PAGE 3 OF 5 Surface Water - Existing: 1 - 8" x HP X 950 GPM Pump 1 - 8" x 40 HP X 950 GPM electric turbine Pump 1 - 8" x 60 HP X 1800 GPM electric turbine Pump 1 - 24" x 110' corrugated metal pipe Culvert Reclaimed - Existing: 1 - 8" x HP X 250 GPM Pump 1 - 24" x 110' corrugated metal pipe Culvert 8. Permittee shall mitigate interference with existing legal uses that was caused in whole or in part by the permittee's withdrawals, consistent with the approved mitigation plan. As necessary to offset the interference, mitigation will include pumpage reduction, replacement of the impacted individual's equipment, relocation of wells, change in withdrawal source, or other means. Interference to an existing legal use is defined as an impact that occurs under hydrologic conditions equal to or less severe than a 1 in 10 year drought event that results in the: (1) Inability to withdraw water consistent with provisions of the permit, such as when remedial structural or operational actions not materially authorized by existing permits must be taken to address the interference; or (2) Change in the quality of water pursuant to primary State Drinking Water Standards to the extent that the water can no longer be used for its authorized purpose, or such change is imminent. Permittee shall mitigate harm to existing off -site land uses caused by the permittee's withdrawals, as determined through reference to the conditions for permit issuance. When harm occurs, or is imminent, the District will require the permittee to modify withdrawal rates or mitigate the harm. Harm caused by withdrawals, as determined through reference to the conditions for permit issuance, includes: (1) Significant reduction in water levels on the property to the extent that the designed function of the water body and related surface water management improvements are damaged, not including aesthetic values. The designed function of a water body is identified in the original permit or other governmental authorization issued for the construction of the water body. In cases where a permit was not required, the designed function shall be determined based on the purpose for the original construction of the water body (e.g. fill for construction, mining, drainage canal, etc.) (2) Damage to agriculture, including damage resulting from reduction in soil moisture resulting from consumptive use; or (3) Land collapse or subsidence caused by reduction in water levels associated with consumptive use. 10. Permittee shall mitigate harm to the natural resources caused by the permittee's withdrawals, as determined through reference to the conditions for permit issuance. When harm occurs, or is imminent, the District will require the permittee to modify withdrawal rates or mitigate the harm. Harm, as determined through reference to the conditions for permit issuance includes: (1) Reduction in ground or surface water levels that results in harmful lateral movement of the fresh water /salt water interface, (2) Reduction in water levels that harm the hydroperiod of wetlands, PERMIT NO: 50- 00084 -W PAGE 4 OF 5 (3) Significant reduction in water levels or hydroperiod in a naturally occurring water body such as a lake or pond, (4) Harmful movement of contaminants in violation of state water quality standards, or (5) Harm to the natural system including damage to habitat for rare or endangered species. 11. If any condition of the permit is violated, the permit shall be subject to review and possible modification, enforcement action, or revocation. 12. Authorized representatives of the District shall be permitted to enter, inspect, and observe the permitted system to determine compliance with special conditions. 13. The Permittee is advised that this permit does not relieve any person from the requirement to obtain all necessary federal, state, local and special district authorizations. 14. The permit does not convey any property right to the Permittee, nor any rights and privileges other than those specified in the Permit and Chapter 40E -2, Florida Administrative Code. 15. Permittee shall submit all data as required by the implementation schedule for each of the limiting conditions to: S.F.W.M.D., Supervising Hydrogeologist - Post - Permit Compliance, Water Use Regulation Dept. (4320), P.O. Box 24680, West Palm Beach, FL 33416 -4680. 16. In the event of a declared water shortage, water withdrawal reductions will be ordered by the District in accordance with the Water Shortage Plan, Chapter 40E -21, F.A.C. The Permittee is advised that during a water shortage, pumpage reports shall be submitted as required by Chapter 40E -21, F.A.C. 17. Prior to the use of any proposed water withdrawal facility authorized under this permit, unless otherwise specified, the Permittee shall equip each facility with a District - approved operating water use accounting system and submit a report of calibration to the District, pursuant to Section 4.1, Basis of Review for Water Use Permit Applications. In addition, the Permittee shall submit a report of recalibration for the water use accounting system for each water withdrawal facility (existing and proposed) authorized under this permit every five years from each previous calibration, continuing at five -year increments. 18. Monthly withdrawals for each withdrawal facility shall be submitted to the District quarterly. The water accounting method and means of calibration shall be stated on each report. 19. Landscape and golf course Permittees must comply with all plan requirements and the implementation schedule contained in the plan submitted pursuant to section 2.3.1 of the Basis of Review for Water Use Permit Applications within the South Florida Water Management District. 20. Landscape and golf course irrigation is prohibited between the hours of 10:00 A.M. and 4:00 P.M., except as follows: a) Irrigation using micro - irrigation system is allowed anytime. b) Users whose average annual allocation is made up of 75% or greater volume of reclaimed water for irrigation may irrigate at anytime. c) Irrigation of, or in preparation for planting, new golf courses and recreational areas is allowed at any time of day for one 30 day period provided irrigation is limited to the amount necessary for plant establishment. Irrigation of newly seeded or sprigged golf course areas is allowed any time of day for one 60 day period. d) Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, recommended by the manufacturer or constituting best management practices is allowed anytime within 24 hours of application. e) Irrigation systems may be operated anytime for maintenance and repair purposes. f) The use of water to protect golf course turf from heat and wind stress damage is allowed anytime. 21. Permittees, who are dependent on other sources of water supply such as reclaimed water or water sale 22. 23. PERMIT NO: 50- 00084 -W PAGE 5 OF 5 agreements to meet a portion of their demands, shall include the monthly volumes from all other sources in the report to the District. The water accounting method and means of calibration shall be stated on each report. Prior to October 30, 2008, the permittee shall locate and repair the leak in the distribution line from the C- 17 to the golf course irrigation lake. The number of gallons withdrawn from the on -site lakes for irrigation shall be replaced at a ratio of 1:1 with water from the reclaimed supply and C -17 on a monthly basis, except when the surface water drainage system is discharging. The use of surface water lakes is for water quality treatment or irrigation water replacement only and not the artificial maintenance of lake levels. The monthly volume pumped into the designated surface water body and the volume pumped for irrigation shall be independently monitored and reported as required by the Limiting Conditions of this permit. 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