The URL can be used to link to this page

Home My WebLink About2018 - Modification Permit Rick Scott Florida Department of Governor Environmental Protection Carlos Lopez-Cantera Lt. Governor Southeast District Office 3301 Gun Club Road, MSC 7210-1 Noah Valenstein West Palm Beach, Florida 33406 Secretary 561-681-6600 August 8, 2018 City of SebastianCommunity Development Department c/o Lisa Frazier, AICP 1225 Main Street Sebastian, FL 32958 LFrazier@CityofSebastian.org Project Name: Fisherman’s Landing -Modification ERP Permit No.:31-0246999-006-EM Dear Ms.Frazier: Your request to modify FDEPPermit No.: 31-0246999-004-EM at the above referenced facility has been received and reviewed by Department staff.Themodificationsareto change in the surface materialof the parking areasfrom asphalt to permeable pavers.The proposed modificationsdo not alter the water quality or quantity requirements of the originalpermit. PROJECT LOCATION The activities authorized by this Permit is located within the existing Fisherman’s Landing Marina at 1532 Indian River Drive, in Sebastian, (Section 6, Township 31 South, Range 39 East), Indian River County, (Latitude 27° 49' 16.59" North, Longitude -80° 28’ 14.46'' West. The activities described herein must be conducted in accordance with: The Additional Specific Conditions below The limits, conditions and locations of work shown in the attached drawings You are advised to read and understand these conditions and drawings prior to beginning the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings herein. If you are using a contractor, the contractor also should read and understand these conditions and drawings prior to beginning any activity. Failure to comply with these conditions, including any mitigation requirements, shall be grounds for the Department to revoke the permit and authorization and to take appropriate enforcement action. Operation of the facility isnot authorized except when determined to be in conformance with all applicable rules and this permit/certification as specifically described above. The above changes are not expected to adversely affect water quality and will not be contrary to the publicinterest.By copy of this letter and the attached drawings, we are notifying all necessary parties of the modifications.Since the proposed modificationwith the above description isnot expected to result in any adverse environmental impact or water quality degradation, the permit is hereby modified as requested, and subject to the following conditions: ADDITIONAL SPECIFIC CONDITIONS: (1)Theexpiration date of this permit is the same as the original permit expiration date: March 29, 2022. (2)The proposed modification shall be constructed as describedhereinand depicted in the attached drawingsand approved under this authorization.The attached drawingswill be attached to and become part of this permitmodification. (3)This modification doesnot alter the original permit’sGeneral Conditionsand Specific Conditions unless specifically revised herein. All terms and conditions of the original permit shall remain in full effects and enforceable. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition,this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application. Petition for Administrative Hearing A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-106.201, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency’s file or identification number, if known; (b)The name, address, any email address, anyfacsimile number, and telephone number of the petitioner; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action; Fisherman’s Landing Modification File Number: 31-0246999-006-EM Page 2of 5 (f)A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g)A statement of the relief sought by the petitioner,stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 21 daysof receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S.,must be filed within 21days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication.The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569and 120.57, F.S.,or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant, or any party within the meaning of sections 373.114(1)(a) or 373.4275, Florida Statutes, may also seek appellate review of this order before the Land and Water Adjudicatory Commission under section 373.114(1) or 373.4275, Florida Statutes.Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department. Fisherman’s Landing Modification File Number: 31-0246999-006-EM Page 3of 5 Any Party to this Order has the right to seek judicial review of the Order Pursuant to Section 120.68, F.S., by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of the Appellate Procedure, with the clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal.The Notice of Appeal must be filed within 30 days from the date this Order is filed with the clerk of the Department. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicialreview pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. Fisherman’s Landing Modification File Number: 31-0246999-006-EM Page 4of 5 Executed in Orlando, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION __________________________________ Diane Pupa Permitting Program Administratorand Waste Cleanup Southeast District Attachments: Project Drawings and Design Specs., 5pages As-built Certification and Request for Conversion to Operational Phase Form 62-330.310(1)* Commencement Notice Form 62-330.350(1)* *Can be downloaded at: http://www.dep.state.fl.us/water/wetlands/erp/forms.htm CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons: FDEP –Monica Sovacool, Steven Fazekas, Indar Jagnarine Frank Watanabe -CWtranse@gmail.com FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. August 8, 2018 Clerk Date Fisherman’s Landing Modification File Number: 31-0246999-006-EM Page 5of 5 Permit Number Southeast District Permit Number Southeast District Permit Number Southeast District Permit Number Southeast District Permit Number Southeast District