Approval of this permit is subject to the following conditions:
General Conditions for Lakeshore Protection Permits:
- This permit shall become final and effective upon expiration of the 15-calendar day appeal period following the date of issuance, unless an appeal has been filed within this timeframe. Any appeal shall stay the effective date of this permit until all appeals are resolved.
- This permit authorizes only selective removal of invasive/nonnative vegetation such as those listed in the Florida Invasive Species Council (FISC) List of Invasive Species, as amended from time to time (https://www.floridainvasives.org/plant-list/). Removal and replanting shall be completed in accordance with the approved site plans included with this permit.
- Replanting of native vegetation is required. New native plantings must be installed within 30 days of completion of removal of invasive/nonnative vegetation. The permitted work must be completed within one year from the date of issuance of the permit. Requests for permit extension must be submitted to EPD prior to the expiration date.
- Native vegetation may not be removed from the shoreline outside of the specified access corridor.
- Cleared vegetation must be contained within the specified work area and immediately removed landward of the Normal High Water Elevation (NHWE) to an upland area within 24 hours. Cleared vegetation must be properly disposed of in an upland location in a manner where there will be no reintroduction of the vegetative material into lake or wetlands.
- If the proposed work is located within a conservation easement/area, only hand removal is permitted; no heavy equipment or machinery is permitted. Nuisance/nonnative vegetation must be removed in such a way as to ensure no damage to existing native vegetation is incurred. Cleared vegetation must be removed landward of the conservation easement/area within 24 hours.
- Removal of native trees is prohibited, unless specifically authorized by this permit.
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Successful establishment of replanting area will have occurred when:
- At least 80 percent areal coverage of the shoreline by appropriate wetland/aquatic species has been obtained; and
- The replanting area comprises less than five percent areal coverage of invasive/nonnative vegetation, as identified in the FISC List of Invasive Species (as amended from time to time).
- If the required 80 percent areal coverage cannot be obtained and maintained by the proposed number of plantings shown on the approved site plans included with this permit, additional plantings of appropriate native wetland/aquatic vegetation will be required to meet the successful establishment requirements.
- After one year, EPD staff will conduct a site inspection to determine if the required success criteria are met. Once the area has met success criteria to EPD's satisfaction the area shall maintain 80 percent areal coverage by appropriate wetland/aquatic species, and less than five percent invasive/nonnative vegetation (as identified in the FISC List of Invasive Species, as amended from time to time), in perpetuity.
- If at any time EPD determines the replanting area has less than an 80 percent areal coverage (outside of an exempt access corridor) below the NHWE and 85 percent areal coverage within the CE of desirable vegetation, the permittee(s) may be required to install additional plantings and continue monitoring until the success of the replanting area has been demonstrated. Once the area has met the success criteria to EPD’s satisfaction, this permit shall allow continued maintenance activities, in perpetuity, so long as the replanting area maintains appropriate vegetative coverage and all permit conditions are being met. If the property at any time contains more than five percent areal coverage of invasive exotic vegetation, the permit may be voided and prior to any vegetation removal, a new permit will be required.
- The permittee(s) may maintain a clear access corridor below the NHWE, not to exceed 30 feet or 20 percent of the shoreline in width, whichever is greater to a sufficient length waterward from the shoreline to gain access to the water. Any structures such as boat ramps and boat docks shall be located within the access corridor. No access corridor is allowed within a conservation easement and/or area.
- 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 62-4.242(2) Florida Administrative Code (F.A.C.).
- Anyone who uses herbicides for management of aquatic plants must be certified in accordance with the Florida Pesticide Law administered by the Florida Department of Agriculture and Consumer Services. All aquatic herbicides must have an aquatic-use label and must be applied in strict compliance with the directions stated on the product label. It is a violation of state and federal law to use herbicides in a manner that is inconsistent with its label. The label is the law. Before using any herbicide, the applicator should read the label to determine any water use restrictions, herbicide toxicity, location and sites where herbicide can be used and what personal protective clothing and equipment is required.
- Subject to the terms and conditions herein, the permittee(s) is hereby authorized to perform or cause to be performed, the proposed work shown on the application and approved drawings, plans, and other documents attached hereto or on file with EPD. The permittee(s) binds itself and its successors to comply with the provisions and conditions of this permit. If EPD determines at any time that activities, including without limitation the performance of the required mitigation, are not in accordance with the conditions of the permit, work shall cease and the permit may be revoked immediately by the Environmental Protection Officer. Notice of the revocation shall be provided to the permit holder promptly thereafter.
- The permittee(s) shall 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(s) shall require the contractor to review the permit prior to commencement of the activity authorized by this permit. The complete permit shall be available upon request by Orange County staff.
- Issuance of this permit does not warrant in any way that the permittee(s) has riparian or property rights to conduct any activity authorized herein and any such activity is done at the sole risk of the permittee(s). If any activity 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, the permittee(s) agrees to either obtain written consent or to remove the offending encroachment within 60 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 revocation.
- This permit does not release the permittee(s) from complying with all other federal, state, and local laws, ordinances, rules and regulations. Specifically, this permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee(s) or create in the permittee(s) any property right, or any interest in real property, nor does it authorize any entrance upon or activities upon property which is not owned or controlled by the permittee(s), or convey any rights or privileges other than those specified in the permit and Chapter 15, Article VII of the Orange County Code. If these permit conditions conflict with those of any other regulatory agency the permittee(s) shall comply with the most stringent conditions. The permittee(s) shall immediately notify EPD of any conflict between the conditions of this permit and any other permit or approval.
- The permittee(s) is hereby advised that Section 253.77, Florida Statutes (FS), states that a person may not commence any excavation, construction, or other activity involving the use of sovereignty or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement or other form of consent authorizing the proposed use. Therefore, the permittee(s) is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands.
- Should any other regulatory agency require changes to the property, permitted activities, or approved mitigation, the permittee(s) shall provide written notification to EPD of the change prior to implementation so that a determination can be made whether a permit modification is required.
- The permittee(s) shall immediately notify EPD in writing of any previously submitted information that is later discovered to be inaccurate.
- EPD staff, with proper identification, shall have permission to enter the site at any reasonable time to ensure conformity with the plans and specifications approved by the permit.
- The permittee(s) 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.
- All costs, including attorney’s fees, incurred by the County in enforcing the terms and conditions of this permit shall be required to be paid by the permittee(s).
- The permittee(s) 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.
- Turbidity and sediments shall be controlled to prevent violations of water quality pursuant to Rules 62-302.500, 62-302.530(70), and 62-4.242 F.A.C. 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(s) shall implement them as necessary to prevent adverse impacts to wetlands and/or surface waters.
- The Florida Fish and Wildlife Conservation Commission (FWC) may require a permit for the proposed activities. Please contact FWC at 407-858-6170 for more information.
- Pursuant to Section 125.022 FS, issuance of this permit by the County does not in any way create any rights on the part of the applicant(s) to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of the permit if the applicant(s) fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law.
- Pursuant to Section 125.022 FS, the applicant(s) shall obtain all other applicable state or federal permits before commencement of the activity authorized herein.