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HomeMy WebLinkAbout2002 SJRWMD 400-061-68172-4spal St. Johns River Water Management District Kirby 8. Green III, Executive Director • John R. Wei Assistant Executive Director Post Office Box 1429 • Palatka, FL 32178-1429 a (386) 329-4500 April 26, 2002 City of Sebastian 1225 Main St Sebastian, FL 32958 SUBJECT: Noticed General Permit 400-061-68172-4 Dear Sir/Madam: The District has received your notice to use a noticed general permit. Based on the submitted information, the proposed activity qualifies for a Noticed General Environmental Resource Permit pursuant to section 40C-400.437, Florida Administrative Code, so long as it is constructed and operated in accordance with that general permit and the general conditions set forth in section 40C-400.215, Florida Administrative Code (attached). Please be advised that the District has not published a notice in the newspaper advising the public that it is issuing a permit for this proposed project. Publication, using the District form, notifies members of the public (third parties) of their rights to challenge the issuance of the general permit. If proper notice is given by publication, third parties have a 21 -day time limit on the time they have to file a petition opposing the issuance of the permit. If you do not publish, a parry's right to challenge the issuance of the general permit extends for an indefinite period of time. If you wish to have certainty that the period for filing such a challenge is closed, then you may publish, at your own expense, such a notice in a newspaper of general circulation. A copy of the form of the notice and a list of newspapers of general circulation is attached for your use. If you do publish a notice, please submit a copy of the published notice to the District for our records. A copy of your application was transmitted to the U.S. Army Corps of Engineers for review. This authorization to use a noticed general environmental resource permit does not obviate the need for obtaining all necessary permits or approval from other agencies. Sincerely,f Gloria Lewis, Director Permit Data Services Division Enclosures: Notice of Rights List of Newspapers for Publication cc: District Permit File Agent: The LPA Group Incorporated 12000 Research Pkwy Apt. 152 Sebastian, FL 32958 OOVERNINO OARP Duane Onenstmer, cRaw Ometrias D. Lag, vrc iwux R. Clay Aloright. sEcmi: David G. Graham, miuuam e LI]CS U_E FPoPIU EASTUNEWOR Npl9ptMLLE W. Michael Branch Jeff K. Jennings William Kerr AnnTMoora Catherine A.Walker FERRARPIM 0� Bumat .4TxVIXRE9PHW0.4 Consultant: The LPA Group Incorporated 12000 Research Pkwy Apt. 152 Sebastian, FL 32958 ST. JOHNS RIVER WATER MANAGEMENT DISTRICT NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMIT PERMIT NO. 400-061-68172-4 DATE ISSUED:April 26, 2002 PROJECT Airport Perimeter Fencing A PERMIT AUTHORIZING: Construction of a fence through three wetlands at the Sebastian Municipal Airport. LOCATION: Section(s): 28l29 Indian River County City of Sebastian 1225 Main St Sebastian, FL 32958 Township(s): 31 S Range(s): 38E The District received your notice to use a Noticed General Environmental Resource Permit pursuant to Chapter 40C-400, F.A.C. on April 1, 2002. Based on the forms, design plans, and other documents submitted with your notice, it appears that the project meets the requirements for a Noticed General Environmental Resource Permit. Any activities performed under a Noticed General Environmental Resource Permit are subject to the general conditions as specified in Section 40C-400.215, F.A.C. (attached). Any deviations from these conditions may subject you to enforcement action and possible penalties. Please be advised that the Noticed General Environmental Resource Permit expires 5 years from the date on which the notice of intent to use a Noticed General Environmental Resource Permit was received by the District. If you wish to continue this noticed general permit beyond the expiration date, you must notifiy the District at least 30 days prior to the permit expiration date. A copy of your notice also has been sent to the U.S. Army Corps of Engineers (USACOE) for review. The USACOE may require a separate permit. Failure to obtain this authorization prior to construction could subject you to enforcement action and possible penalties. AUTHORIZED BY: St. Johns River Water Management District Department of Resource Management By: rvice enter Director - Palm Bay) ohn E Juilianna "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 400-061-68172-4 CITY OF SEBASTIAN DATED APRIL 26, 2002 1. The terms, conditions, requirements, limitations, and restrictions set forth in this section are general permit conditions and are binding upon the permittee for all noticed general permits in this chapter. These conditions are enforceable under part IV of chapter 373, F.S. 2. The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit. A violation of the permit is a violation of part IV of chapter 373, F.S., and may result in suspension or revocation of the permittee's right to conduct such activity under the general permit. The District may also begin legal proceedings seeking penalties or other remedies as provided by law for any violation of these conditions. 3. This general permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any construction, alteration, operation, maintenance, removal or abandonment authorized by this permit. 4. This general permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the general permit and this chapter. 5. This general permit does not relieve the permittee from liability and penalties when the permitted activity causes harm or injury to: human health or welfare; animal, plant or aquatic life; or property. It does not allow the permittee to cause pollution in contravention of Florida Statutes and District rules. 6. The authorization to conduct activities pursuant to a general permit may be modified, suspended or revoked in accordance with chapter 120, and section 373.429, F.S. 7. This permit shall not be transferred to a third party except pursuant to section 40C-4.351, F.A.C. The permittee transferring the general permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. 8. Upon reasonable notice to the permittee, District staff with proper identification shall have permission to enter, inspect, sample and test the permitted system to insure conformity with the plans and specifications approved by the permit. 9. The permittee shall maintain any permitted system in accordance with the plans submitted to the District and authorized by this general permit. 10. A permittee's right to conduct a specific noticed activity under this noticed general permit is authorized for a duration of five years. 11. Construction, alteration, operation, maintenance, removal and abandonment approved by this general permit shall be conducted in a manner which does not cause violations of state water quality standards, including any antidegradation provisions of sections 62-4.242(I)(a) and (b), 62-4.242(2) and (3), and 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters. The perrmittee shall implement best management practices for erosion, turbidity, and other pollution control to prevent violation of state water quality standards. Temporary erosion control measures such as sodding, mulching, and seeding shall be implemented and shall be maintained on all erodible ground areas prior to and during construction. Permanent erosion control measures such as sodding and planting of wetland species shall be completed within seven days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into wetlands or other surface waters exists due to the permitted activity. Turbidity barriers shall remain in place and shall be maintained in a functional condition at all locations until construction is completed and soils are stabilized and vegetation has been established. Thereafter, the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 12. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the general permit. 13. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. 14. Construction must commence as per plans received by the District on April 1, 2002. Notice Of Rights 1. A person whose substantial interests are or may be determined has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District), or may choose to pursue mediation as an alternative remedy under Sections 120.569 and 120.573, Florida Statutes, before the deadline for filing a petition. Choosing mediation will not adversely affect the rights to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth in Sections120.569 and 120.57, Florida Statutes, and Rules 28-106.111 and 28-106.401-.405, Florida Administrative Code. Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed at the office of the District Clerk at District Headquarters, P. O. Box 1429, Palatka, Florida 32178-1429 (4049 Reid St., Palatka, FL 32177) within twenty-six (26) days of the District depositing notice of District decision in the mail (for those persons to whom the District mails actual notice) or within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail actual notice). A petition must comply with Chapter 28-106, Florida Administrative Code. 2. If the Governing Board takes action which substantially differs from the notice of District decision, a person whose substantial interests are or may be determined has the right to request an administrative hearing or may choose to pursue mediation as an alternative remedy as described above. Pursuant to District Rule 40C-1.1007, Florida Administrative Code,the petition must be filed at the office of the District Clerk at the address described above, within twenty-six (26) days of the District depositing notice of final District decision in the mail (for those persons to whom the District mails actual notice) or within twenty-one (21) days of newspaper publication of the notice of its final agency action (for those persons to whom the District does not mail actual notice). Such a petition must comply with Rule Chapter 28-106, Florida Administrative Code. 3. A substantially interested person has the right to a formal administrative hearing pursuant to Section 120.569 and 120.57(1), Florida Statutes, where there is a dispute between the District and the party reqarding an issue of material fact. A petition for formal hearing must comply with the requirements set forth in Rule 28-106.201, Florida Administrative Code. 4. A substantially interested person has the right to an informal hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute. A petition for an informal hearing must comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code. 5. A petition for an administrative hearing is deemed filed upon delivery of the petition to the District Clerk at the District headquarters in Palatka, Florida. 6. Failure to file a petition for an administrative hearing, within the requisite time frame shall constitute a waiver of the right to an administrative hearing (Section 28-106.111, Florida Administrative Code). 7. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, and Chapter 28-106, Florida Administrative Code and Section 40C-1.1007, Florida Administrative Code. Notice Of Rights 8. An applicant with a legal or equitable interest in real property who believes that a District permitting action is unreasonable or will unfairly burden the use of his property, has the right to, within 30 days of receipt of notice of the District's written desision regarding a permit application, apply for a special master proceeding under Section 70.51, Florida Statutes, by filing a written request for relief at the office of the District Clerk located at District headquarters, P. O. Box 1429, Palatka, FL 32178-1429 (4049 Reid St., Palatka, Florida 32177). A request for relief must contain the information listed in Subsection 70.51(6), Florida Statutes. 9. A timely filed request for relief under Section 70.51, Florida Statutes, tolls the time to request an administrative hearing under paragraph no. 1 or 2 above (Paragraph 70.51 (1 0)(b), Florida Statutes). However, the filing of a request for an administrative hearing under paragraph no. 1 or 2 above waives the right to a special master proceeding (Subsection 70.51 (1 0)(b), Florida Statutes). 10. Failure to file a request for relief within the requisite time frame shall constitute a waiver of the right to a special master proceeding (Subsection 70.51(3), Florida Statutes). 11. Any substantially affected person who claims that final action of the District constitutes an unconstitutional taking of property without just compensation may seek review of the action in circuit court pursuant to Section 373.617, Florida Statutes, and the Florida Rules of Civil Procedures, by filing an action in circuit court within 90 days of the rendering of the final District action, (Section 373.617, Florida Statutes). 12. Pursuant to Section 120.68, Florida Statutes, a person who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to the Florida Rules of Appellate Procedure within 30 days of the rendering of the final District action. 13. A party to the proceeding before the District who claims that a District order is inconsistent with the provisions and purposes of Chapter 373, Florida Statutes, may seek review of the order pursuant to Section 373.114, Florida Statutes, by the Florida Land and Water Adjudicatory Commission, by filing a request for review with the Commission and serving a copy on the Department of Environmental Protection and any person named in the order within 20 days of adoption of a rule or the rendering of the District order. 14. For appeals to the District Court of Appeal, a District action is considered rendered after it is signed on behalf of the District, and is filed by the District Clerk. 15. Failure to observe the relevant time frames for filing a petition for judicial review described in paragraphs #11 and #12, or for Commission review as described in paragraph #13, will result in waiver of that right to review. Notice Of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent by U.S. Mail to: City of Sebastian 1225 Main St Sebastian, FL 32958 at 4:00 p.m. this 26th day of April, 2002. Division of Permit Data Serv' e Gloria Lewis, Director St. Johns River Water Management District Post Office Box 1429 Palatka, FL 32178-1429 (386) 329-4152 Permit Number: 400-061-68172-4 t.,.�.�=311 , nsRiver Water Management District Kirby B. Green III, Executive Director • John R. Wehle, Assistant Executive Director • Mike Slayton, Deputy Executive Director John Juilianna, Palm Bay Service Center Director, Regulatory 525 Community College Parkway S.E. • Palm Bay, FL 32909 • (321) 984-4940 Dear Permittee: The District recently issued the enclosed permit. We would like to offer our assistance to insure that your project is constructed in accordance with the District permit. We will be glad to arrange for a representative from this office to attend any preconstruction meeting that you may schedule for this project. For planning purposes, we ask that you give us at least 10 days notice prior to the scheduled meeting. This will enable us to gather all necessary information regarding your permit. If no other preconstruction meeting is scheduled, you may arrange a separate meeting with only District staff. f On permits where mitigation is proposed, the permittee is required by condition to schedule a meeting with District staff. Therefore, please check your permit conditions to determine whether or not a preconstruction meeting is required. Please feel free to call Karen Boles at (321) 676-6616 to notify us of your preconstruction meetings, or to arrange a meeting with District staff. cc: file copy Consultant PDS -CI GOVERNING BOARD Duane Ottenstroer, CHAIRMAN Ometrias D. Long, VICE CHAIRMAN R. Clay Albright, SECRETARY David G. Graham, TREASURER JACKSONVILLE APOPKA EAST LAKE WEIR JACKSONVILLE W. Michael Branch Jeff K. Jennings William Kerr Ann T. Moore Catherine A. Walker FERNANDINA BEACH MAITLAND MELBOURNE BEACH BUNNELL ALTAMONTE SPRINGS Dst-Johns River Water Management District Henr/ Dean, Executive Director - John A. Wehle. Assistant Executive nirortnr Post Office Box 1429 Holders of General Permits Dear Permittee: Palatka, FL 32178-1429 • (386) 329-4500 Please be advised that the District has not published a notice in the newspaper advising the public that it is issuing a permit for this proposed project. Publication, using the District form, notifies members of the public (third parties) of their rights to challenge the issuance of the permit. If proper notice is given by publication, third parties have a 21 -day time limit on the time they have to file a petition opposing the issuance of the permit. If you do not publish, a party's right to challenge the issuance of the general permit extends for an indefinite period of time. If you wish to have certainty that the period for filing such a challenge is closed, then you may publish, at your own expense, such a notice in a newspaper of general circulation within the affected area. A copy of the form of the notice and a- list of newspapers of general circulation, usually used by the District, is attached for your use, however, you do not have to use only those newspapers listed. This publication need only occur once. Once.the notice is published, the newspaper will return to you an affidavit as proof of publication. To complete your file with the District, submit this original affidavit of publication to: Gloria Lewis, Director ' Division of Permit Data Services P. O. Box 1429 Palatka, FL 32178-1429 Enclosed is a sample package used for newspaper noticing by the District. The package includes: "Page 2 - A copy of an example notice that District staff uses is included to provide guidance on the language to be used in the notice. This language satisfies the legal requirements for noticing. 'Page 3 - A copy of a sample notice to be published is also included. Complete this form with your permit information and submit to a newspaper of general circulation. "Page 4 - The name, address, telephone number and facsimile for newspapers of general circulation are provided. This is the newspaper typically used by the District to advertise permits that are issued by the Governing Board. If I can be of further assistance, please contact me at (904) 329-4235 or Mary McKinney at (904) 329- ,4400. Since el .i �T Gloria Lewis. Directo Division of Permit Data Services Revised Sept��% Ser � 'oQ0 H:/pds/data/�"o7ifcti rV`°,R,Permi is to N �•, Ann % Moore UNNELL GOVERNING BOARD Ometrias D. Lona.'ACE .':�AIFIMAN 4PCPYA •�eii K. Jennings, SECRETARY %1AiTtAND 'rtict,ael i'.ranci "datherine R.. Naiker ?-RNANOINASEACH MAIAONTE SPRINGS Duane Ottenslroer.-QEASURER „CKSONVILLE ;,'av Albriaht Davia G. Granam =.4ST LAKE WEIR :ACY.SOifVlll - EXAMPLE FORM - NOTICE OF AGENCY ACTION TAKEN BY THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Notice is given that the following permit was issued on 11/27/95: ACME HOMES CO., INC., 1201 W. 15th Street, Palatka, FL 32177, permit # 42-107- 0001. The project is located in Putnam County Section 23, Township 07 South Range 34 East. The permit authorizes A SURFACE MANAGEMENT SYSTEM ON 2e ACRES TO SERVE A SINGLE-FAMILY RESIDENTIAL SUBDIVISION known as Blu Meadows. The receiving waterbody is ST. JOHNS RIVER. e The file(s) containing the application for the above listed permit is available for inspection Monday through Friday except for legal holidays, 8:00 a.m. to 5:00 the St. Johns River Water Management District (District) Headquarters, 4049 Reid Street, Palatka, FL. 32178-1429. A person whose. substantial interests are affected b the District permitting decision may petition for an administrative hearing in accordance with sections 120.569 and 120.57, Florida Statutes, or may choose to pursue mediation as an alternative remedy under section 120.573, Florida Statutes, before the deadline for filing a petition. Choosing mediation will not adverse!y affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth in section 120.573, Florida Statutes, and rules 28- 106.111 and 28-106.401-.404 Florida Administrative Code. Petitions must com I with the requirements of Florida Administrative Code Chapter 28-106 and be filed with (received by) the District Clerk located at District Headquarters, Highway 100 West Palatka, FL 32177. Petitions for administrative hearing on the above application(s) ) must be filed within twenty-one (21) days of publication of this notice or within six (26) days of the District depositing notice of this intent in the mail for those persons to whom the District mails actual notice. persons Failure to file a petition within this time period shall constitute a waiver of any right(s) such person(s) may have to request an administrative determination (hearing) under sections 120.569 and 120.57, F.S. concerning the sublect permit. Petitions that are not filed in accordance with the above provisions are subject to dismissal. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the District's final action may be different from the position taken by it in this notice of intent. Persons whose substantial interests will be affected by any such final decision of the District on the applicant have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. Revised September .i. MOO H:; pds/data/Holders of Gc:nerai Pedis NOTICE OF AGENCY ACTION TAKEN BY THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Notice is given that the following permit was issued on (Name and address of applicant) permit # . The project is located in Section , Township South, Range East. The ermit County, authorizes A SURFACE WATER MANAGEMENT SYSTEM ON p SERVE ACRES TO known as The receiving water body is The file(s) containing the application for the above listed permit is available for inspection Monday through Friday except for legal holidays, 8:00 a.m. to 5:00 p.m. at the St. Johns River Water Management District (District) Headquarters, 4049 Rei Street, Palatka, FL 32178-1429. A person whose substantial interests are affectedd the District permitting decision may by y petition for an administrative hearing in accordance with sections 120.569 and 120.57, Florida Statutes, or may choose to pursue mediation as an alternative remedy under section 120.573, Florida Statutes before the deadline for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth in section 120.573, Florida Statutes, and rules 28- 106.111 and 28-106.401-.404 Florida Administrative Code. Petitions must comply with the requirements of Florida Administrative Code Chapter 28-106 and be file Y (received by) the District Clerk located at District Headquarters, Highway 00 West, 1 d with Palatka, FL 32177. Petitions for administrative hearing on the above a must be filed within twenty-one (21) days of publication of this notice or within tw n(s) (26) days of the- District depositing notice of this intent in the mail for those persons to whom the District mails actual notice. Failure to file a petition within this time period shall constitute a waiver of an right(s)such Y person(s) may have to request an administrative determination (hearing) under sections 120.569 and 120.57 F. concerning the subject permit. Petitions that are not filed in accordance � S above provisions are subject to dismissal. with the Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the District's final action may be different from the position taken by it in this notice of intent. Persons whose substantial interests will be affected by any such final decision of the District on the applicant have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. Revised September S. 2000 H:,ndsidataiHvldcrs of Generai Permits MEWSPAPER ADVERT ISING ALACHUA The Alachua County Record Legal Advertising P. O. Box 806 Gainesville, FL 32603 352-377-2444/fax 352-338-1986 BAKER Baker County Press Legal Advertising P. O. Box 598 Maclenny, FL 32063 904-259-2499/fax 904-259-6502 BRADFORD Bradford County Telegraph Legal Advertising P. O. Drawer A Starke, FL 32901 904-964-6305/fax 904-964-8628 BREVA RD Florida Today, Legal Advertising P. O. Box 363000 Melboume, FL 32936 407-242-3500/fax 407-242-6618 CLAY Clay Today, Legal Advertising P. O. Box 1209 Orange Park, FL 32073 904-269-6033/fax 904-242-6618 DUVAL Florida Times Union Legal Advertising P. O. BOX 1494-4 Jacksonville, FL 32231 904-359-4321/fax 904-359-4180 FLAGLER I Fiagler Tribune, cro News Journal Revised September 8. Z000 lUpds/data/Holders of General Permits P. O. Box 2831 Daytona Beach, FL 32115 904-252-1511/fax 904-252-6735 INDIAN RIVER Vero Beach Press Journal Legal Advertising P. O. Box 1268 Vero Beach, FL 32960 561-562-2611 /fax 561-978-2366 LAKE Daily Commercial Legal Advertising P. O. Drawer 7 Leesburg, FL 34748 352-787-0902/fax 352-365-1951 MARION Ocala Star Banner, Legal Advertising P. O. Box 490 Ocala, FL 32670 352-867-4010/fax 352-867-4126 NASSAU News -Leader, Legal Advertising 511 Ash Street Fernandina Beach, FL 32034 904-261-3696/fax 904-261-3698 OKEECHOBEE Okeechobee News Legal Advertising P. O. Box 638 Okeechobee, FL 33472 ORANGE Sentinel Communications Legal Advertising P. O. Box 2833 Orlando, FL 32802 407-420-5160/fax 407-420-5011 1 OSCEOLa Little Sentinel Legal Advertising P. O. Box 2833 Orlando, FL 32802 407-420-5160/fax 407-420-5011 POLK Lakeland Ledger Publishing Co. Legal Advertising P. O. Box 408 Lakeland, FL 33802 PUTNAM Palatka Daily News Legal Advertising P. O. Box 777 Palatka, FL 32178 904-312-5200/fax 904-312-6664 ST. JOHNS St. Augustine Record Legal Advertising P. O. Box 1603 St. Augustine, FL 32084 904-829-6566/fax 904-829-6664 SEMINOLE Sanford Herald Legal Advertising 300 North French Avenue Sanford, FL 32711 407-322-261 Max 407-323-9408 VOLUSIA News Journal Corporation Legal Advertising P. O. Box 2831 Daytona Beach, FL 32120 904-252-151 Max 504-255-6735