HomeMy WebLinkAbout2004 Water Utilities Construction Permit ApplicationHOLLAND BUILDERS OF SOUTH FLORIDA, INC.
4860 N.E. 12th Avenue
Fort Lauderdale, FL 33334
(P)954-771-2210 (F)954-771-5080
To: City of Sebastian
1225 Main Street
Sebastian, FL 32958
We Are Sending You X
Shop Drawings
Specifications
Sent via: US Mail
LETTER OF TRANSMITTAL
Date: 8/31/2004
Attn: Jason Milewski, Airport
Re: Sebastian Administration Building & Police
Evidence Compound
Attached Under Separate Cover the following:
Prints Plans Samples
Copy of Letter Change Order x Other
Copies
Date
No.
Description
1
8/30/2004
Copy
Indian River County Department of Utilities Services Application Form
completed by Holland Builders of South Florida, Inc. with DEP attchments.
These Are Transmitted as Checked below:
For Approval Approved as Submitted Resubmit copies for approval
x For your use Approved as noted Submit copies for distribution
REMARKS: The attached Is for your Information and records.
Call me should you have any questions. n Maapp ��y
COPY TO: SIGNED: WAIL JLPAAr/. / c/JL
INDIAN RIVER COUNTY
DEPARTMENT OF UTILITY SERVICES
MAJOR USER WASTEWATER AND/OR WATER
UTILITIES CONSTRUCTION PERMIT
APPLICATION FORM
A. APPLICANT
NAME Holland Builders of South Florida, Inc.
ADDRESS 4860 NE 12th Avenue
CITY Ft Lauderdale
TELEPHONE (954)771-2210
STATE FL ap CODE 33334
B. OWNER/AUTHORIZED REPRESENTATIVE IIF DIFFERENT FROM APPLICANT)
NAMECity of Sebastian - Airport
ADDRESS 1225 Main Street
CH.1, Sebastian STATE FL 32958
ZIP CODE
TELEPHONE (772)581-0111, Jason Milewski, Airport Director
C. PROJECT
PROJECT NAME Sebastian Administration & Police Evidence Compound
PARCEL ID 202 Airport Drive East (Administration Building)
201 Airport Drive East(Po ice vi ence mpound)
LEGAL DESCRIMON_Municipal Airport - Sebastian
TYPEOFPROJECT New Construction - Commercial
Two (2) Buildings
HOURS OF OPERATION 7:00 a.m. to 3:30 p.m.
ANTICIPATED CONSTRUCTION SCHEDULE START September 2004
COMPLETION April 2005
PHASING (IF APPLICABLE) N/A
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D. METHOD(S) OF FLOW DERIVATION (CHECK APPROPRIATE LINE(S)
( ) EQUIVALENT RESIDENTIAL UNIT DETERMINATION TABLE
( X ) SPECIFIC REQUIREMENTS FOR INDUSTRIAL USE(Commercial Office)
( ) EXISTING FACILITY/PREVIOUS RECORDS
1. ERU DETERMINATION TABLE (COPY ATTACHED):
TYPE OF ESTABLISHMENT Commercial - Office
SQUAREFEET 10.000 SF (Admin.BldcT ) l 800 SF (Police Evid.Cmpd)
APPLICABLE UNITS
WATER:
PROJECTED FLOW 4 x 250 GALLONS / DAY = 1,000 GPD(ADF)
WASTEWATER:
PROJECTED FLOW 4 x250 GALLONS / DAY = 1,000 GPD (ADF)
2. SPECIFIC INDUSTRIAL USE:
TYPE (S) OF USE
WATER:
PROJECT FLOW
WASTEWATER,-
PROJECT
ASTEWATERPROJECT FLOW
3. EXISTING FACILITY/PREVIOUS RECORDS:
THE INDIAN RIVER COUNTY UTILITIES DEPARTMENT MAY CONSIDER THE PAST RECORDS
OF AN EXISTING OPERATIONAL FACILITY FOR DETERMINING PROPOSED FLOW
REQUIREMENTS FOR A NEW DEVELOPMENT, PROVIDED THE APPLICANT SUBMITS
SUFFICIENT INFORMATION TO ALLOW THE DEPARTMENT TO DETERMINE ANTICIPATED
FLOW. THIS INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED TO, TWELVE MONTHS
OF PREVIOUS WATER BILLS AND A COMPLETE LISTING OF THE DIFFERENCES IN THE
EXISTING AND PROPOSED FACILITY SUCH AS SIZE, HOURS OF OPERATION, TYPE OF USES,
NUMBER OF EMPLOYEES, ETC.
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E. GENERAL:
ADDITIONAL WATER FLOW ANTICIPATED FOR PROJECT PHASING, BUT NOT REQUESTED
(ESTIMATED) N/A
ADDITIONAL WASTEWATER FLOW ANTICIPATED FOR PROJECT PHASING, BUT NOT
REQUESTED
(ESTIMATED)
HIGH STRENGTH WASTE - YES" NO X
• IF YES, COMPLETEANINDOSTRUL WASTEPERMITAPPMCATION
B O D (BIOCHEMICAL OXYGEN DEMAND)
S S (SUSPENDED SOLIDS)
PHOSPHORUS
F. OTHER REOUIREMENTS:
1. WILL THE DEVELOPMENT UTILIZE THE FOLLOWING?
RETROFIT EXISTING PLUMBING FIXTURES WITH
WATER SAVING DEVICES YES X NO
IRRIGATION REUSE SYSTEMS YES X NO
IF YES, PLEASE AYTACHA STATEMENT CERTIFIED B Y A PROFESSIONAL ENGINEER
REGISTERED DV THE STATE OFFLORIDA INDICATING THE EXTENT OF SAVINGS, ?b INCLUDE
SUPPORTING THE DOCUMENTED HISTORICAL DATA.
PLEASE NOTE: MANUFACTURERSLITERATUREIS NOT ADEQUAT&
2. ZONING
EXISTING ZONING ON PROPERTY TO BE DEVELOPED Airport
IS EXISTING ZONING APPROPRIATE FOR PROPOSED DEVELOPMENT?
X YES NO
3. PLATTING
IS THE PROPERTY PLATTED APPROPRIATELY TO SUPPORT THE PROPOSED
DEVELOPMENT? x YES NO
IF YES, PLEASE INDICATE THE PLAT BOOK AND PAGE NUMBER
PLATBOOK PAGE Not .Applicable
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SIGNED
4. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
IS A WATER OR SEWER EXTENSION REQUIRED? X YES NO
IF YES, THE APPLICANT MUST OBTAIN THE REQUIRED FDEP PERMIT PRIOR TO THE
ISSUANCE OF A COUNTY PERMIT
5. SITE PLAN
YOU ARE REQUIRED TO SUBMIT A SITE PLAN INDICATING ANY ON OR OFF-SITE SANITARY
SEWER AND/OR POTABLE WATER LINE CONSTRUCTION AND THE POINT OF
CONNECTION(S) TO THE COUNTY'S EXISTING SANITARY SEWER AND/OR POTABLE
WATER SYSTEM.
6. ITEMS SUBMITTED WITH CHECK LIST
❑ PROPERTY APPRAISERS MAP/EQUIVALENT (FOR LOCATION)
iR SITE PLAN (REQUIRED)
gj BUILDING PLANS
6 FDEP PERMIT APPLICATION WITH CONSTRUCTION PLANS AND SPECIFICATIONS
7. SEE ATTACHED PROJECT CHECKLIST OF ITEMS REQUIRED FOR FINAL PROJECT
C.O.
APPLICANT: NAME AND TITLE
DATE Z_ 3 0 - "!Z
, Construction
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BB/27/2004 13:19 7727783617 MOSBY ASSOC
Department of
Environmental Protection
�;trtOAl ,rSl4'13�y;y1�9!•1
e
Central District
Jeb Bush 3319 Maguire Boulevard, Suite 232
Governor Orlando. Florida 326D3-3767
SENT BY E-MAIL
c/o Engincer
City of Scbastitor
1225 Main Street
Sebastian, FL 32958
Attention: Jason Milewski, Airport Manager
Indian River County . PW
Indian Ricer County Utilities
Sebastian Airoort Administration Auildina (2100 GPP]
Dear Mr. Milewski:
Notification of USE Of Cenral Permit
File Number: WD31-OO9 - 46
PAGE 02/11
Colleen Castllle
Secretary
In response to your request, this letter is to adviso you that the ,Department bas received your notice of.intenl to use
a genern! permit as provided in Chapter 62-555, Florida Administrative Code (,F✓l.CJ, to construct a water
distrilnstintt system extension and. is not at this time objecting to your Use of such general permit. Please be advised
that you arc required to abide by all conditions in Chapters 62-4, 62-55(l, 62-555, the gorwal requirements for
general permits, and Rule 62.555.410, F.A.C.
A LETTER OF CLEARANCE MUST BE ISSUED BY TF.M DEPARTMENT PRIOR TO PLACEMENT OF
THIS PROJECT INTO SERVICE. FAILURE TO DO SO WILL RESULT IN THE P.ERMTTEE BE1140
SUBJECT TO APPROPRIATE ENFORCEMENT ACT..LON.
To obtain the cicamrice letter, the engineer -of -record must submit a -Request for Letter of Release to Place Water
Supply Systnn into Service' [DEP Form 62-555.900(9), F.A.C.) (attached), a copy of this letter and satisfactory
bacteriological test results (with ch)orine residuals indicated) taken on two consecutive days from the following
locatives:
a. the Proposed eight -inch main at three equally spaced locations including its beginning and end.
b. the domestic water line to the Administration Building and to the police evidence compound.
Water sample forms must indicate specific recommended sample locations end file number above.
Sincemely,
FOR, Richard S. Lett, P.O., P.E.
Manager - Drinking Water program
Jul 2 1 2004
RSL.lohm/mn
Dateec: Bruce .Moia,P.F_.[mosb),00l@yahoo:com)'
Williafi Arobebelle, Engineer Vnarehcbelleq&ogov.com)
Be/27/2004 13:19 7727703617 MOSBY ASSOC PAGE 03/11
Jphns'River Permit
Water Management District
Kirby 8. Green III, Ezaeutive Director a DeAd W. Fisk, Assistant FXecutin Director
4049 Reid Street A P.O. Box 1429 • Palatka, FL 32178.1429 B (386) 329.4500
On the Internel at www.sinvmd.com.
REGULATION OF STORMWATER MANAGEMENT SYSTEMS
CHAPTER 40C-42, F.A.C.
PERMIT NO. 42-061-68172-8 DATE ISSUED; June 28, 2004
A PERMIT AUTHORIZING:
Construction of a Stormwater Management System with stormwater treatment by retention for
Sebastian Admin. Bldg & Police Evidence Compound, a 2.83 -acre project to be constructed as
per plans received by the District on May 25, 2004 and amended sheet C-4 received by the
District on June 25, 2004.
LOCATION:
Section(s): 1 Township(s): 31S Range(s): 38E
Indian River County
City of Sebastian
1225 Main St
Sebastian, FL 32958.8697
This document shall serve as the formal permit for construction and operation of stormwater
management system in accordance with Chapter 4010-42, F.A.C., issued by the staff of the St.
Johns River Water Management District on June 28, 2004. This permit is subject to the
standard limiting conditions and other special conditions approved by the staff. These
conditions are enclosed.
This permit is a legal document and should be kept with your other important records. The
permit requires the submittal of an As -built certification and may require submittal df other
documents. All Information provided in compliance with permit conditions should be submitted
to the District office from which the permit was issued. An As -built certification form is attached.
Complete this form within 30 days of completion of construction of the permitted system,
Including all site work.
Upon receipt of the As -built certification, staff will inspect the project site, Once the project is
found to be in compliance with all permit requirements, the permit may be converted to Its
Operation phase and responsibility transferred to the operation and maintenance entity in
accordance with Chapter 400-42.028, F.A.C.
—GOVERNING pOARO
Ommrlee D. Lon., CHAIAka David G. Graham, VICE CRUAMAH R. Clay Albright. secAvAltl Duane 011ermtroer, taEa4M%
AaOIKA JACHBONVUE aCAU
W Michael emnch Joan G. Sowlnski JAdsomnuE
FEMMHA BEACH WYiem Ken AnnLMoore
- na A,mn ,.........,...._._. _ Sum N Huohc:
08/27/2004 13:19 7727783617 MOSBY ASSOC PAGE 04/11
Permit issuance does not relieve you from the responsibility for obtaining permits from any
federal, state, and/or local agencies asserting concurrent jurisdiction over this work. Please
note that if dewatering is to occur during any phase of construction or thereafter and the surface
water pump(s), wells, or facilities are capable of withdrawing one million gallons of water per
day or more, or an average of 100,000 gallons per day or more over a year, and any discharge
Is to be off-site, you must apply for and obtain a Consumptive Use Permit (400-2) from the
District prior to starting the dewatering. Please contact the District if you need additional
Information or application materials.
Permittee agrees to hold and save the St. Johns River Water Management District and its
successors harmless from any and all damages, claims, or liabilities which may arise from
permit issuance. Said application, including all plans and specifications attached thereto, is by
reference made apart thereof.
This permit does not convey to Permittee any property rights nor any rights or 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. All structures and works installed
by Permittee hereunder shall remain the property of the Permittee.
This permit may be revoked, modif led, or transferred at any time pursuant to the appropriate
provisions of Chapter 373, Florida Statutes.
In the event you sell your property, the permit will be transferred to the new owner, if we are
notified by you within thirty days of the sale. Please assist us in this matter so as to maintain a
valid permit for the new property owner.
Thank you for your cooperation, and if this office can be of any further assistance to you, please
do not hesitate to contact us,
Fariborz Zanganeh, Supervising Prof Engineer - Palm Bay
Department of Water Resources .
Enclosures: As -built Certification Form
Exhibit A
cc: District Permit File
Agent: Mosby & Associates Inc
2455 14th Ave
Vero Beach, FL 32960
Consultant: Mosby & Associates Inc
2455 14th Ave
Vero Beach, FL 32960
08/27/2004 13:19 7727783617 MOSSY ASSOC PAGE 05/11
"EXHIBIT A"
CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 42.061-68172-8
CITY OF SEBASTIAN
DATED JUNE 28, 2004
1. All activities shall be implemented asset forth in the plans, specifications and
Performance criteria as approved by this permit. Any deviation from the permitted
activity and the conditions for undertaking that activity shall constitute a violation of this
permit.
2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and
modifications, shall be kept at the work site of the permitted activity. The complete
permit shall be available for review at the work site upon request by District staff. The
permittee shall require the contractor to review the complete permit prior to
commencement of the activity authorized by this permit.
3. Activities approved by this permit shall be conducted in a manner which do not cause
violations of state water quality standards.
4. Prior to and during construction, the permittee shall implement and maintain all erosion
and sediment control measures (best management practices) required to retain
sediment on-site and to prevent violations of state water quality standards. All practices
must be in accordance with the guidelines and specifications in chapter 6 of the Florida
Land Development Manual: A Guide to Sound Land and Water Management (Florida
Department of Environmental Regulation 1988), which are incorporated by referenoe,
unless a project specific erosion and sediment control plan is approved as part of the
permit, in which case the practices must be in accordance with the plan. If site specific
conditions require additional measures during any phase of construction or operation to
prevent erosion or control sediment, beyond those specified in the erosion and sediment
control plan, the permittee shall implement additional best management practices as
necessary, in accordance with the specifications in chapter 6 of the Florida Land
Development Manual: A Guide to Sound Land and Water Management (Florida
Department of Environmental Regulation 1988). The permittee shall correct any erosion
or shoaling that causes adverse impacts to the water resources.
S. Stabilization measures shall be initiated for erosion and sediment control on disturbed
areas as soon as practicable in portions of the site where construction activities have
temporarily or permanently ceased, but in no case more than 7 days after the
construction activity in that portion of the site has temporarily or permanently ceased.
6. At least 48 hours prior to commencement of activity authorized by this permit, the
permittee shall submit to the District a Construction Commencement Notice Form No.
40C-4.900(3) indicating the actual start date and the expected completion date.
7. When the duration of construction will exceed one year, the permittee shall submit
construction status reports to the District on an annual basis utilizing an Annual Status
Report Form No. 40C-4.900(4), These forms shall be submitted during June of each
year.
8. For those systems which will be operated or maintained by an entity which will require
an easement or deed restriction In order to provide that entity with the authority
necessantain the
together with ato ny other finalerate or loperation ortem, such maintena cedocuments deed
as are required by
subsections 7. 1.1 through 7.1.4 of the Applicant's Handbook: Management and Storage
Of Surface Waters, must be submitted to the District for approval. Documents meeting
the requirements set forth in these subsections of the Applicant's Handbook will be
08/27/2004 13:19 7727783617 MOSEY ASSOC PAGE 06/11
approved. Deed restrictions, easements and other operation and maintenance
documents which require recordation either with the Secretary of State or the Clerk of
the Circuit Court must be so recorded prior to lot or unit sales within the project served
by the system, or upon completion of construction of the system, whichever occurs first.
For those systems which are proposed to be maintained by county or municipal entities,
final operation and maintenance documents must be received by the District when
maintenance and operation of the system is accepted by the local governmental entity.
Failure to submit the appropriate final documents referenced in this paragraph will result
in the permittee remaining liable for carrying out maintenance and operation of the
permitted system.
9. Each phase or independent portion of the permitted system must be completed in
accordance with the permitted plans and permit conditions prior to the initiation of the
permitted use of site Infrastructure located within the area served by the portion or phase
of the system. Each phase or independent portion of the system must be completed in
accordance with the permitted plans and permit conditions prior to transfer of
responsibility for operation and maintenance of that phase or portion of the system to
local government or other responsible entity.
10. Within 30 days after completion of construction of the permitted system, or independent
portion of the system, the permittee shall submit a written statement of completion and
certification by a registered professional engineer or other appropriate individual as
authorized by law, utilizing As Built Certification Form 400-1.181(13) or 400-1.181(14)
supplied with this permit. When the completed system differs substantially from the
permitted plans, any substantial deviations shall be noted and explained and two copies
of as -built drawings submitted to the District. Submittal of the completed from shall
serve to notify the District that the system is ready for inspection. The statement of
completion and certification shall be based on on-site observation of construction
(conducted by the registered professional engineer, or other appropriate individual as
authorized by law, or under his or her direct supervision) or review of as -built drawings
for the purpose of determining if the work was completed in compliance with approved
plans and specifications. As -built drawings shall be the permitted drawings revised to
reflect any changes made during construction. Both the original and any revised
specifications must be clearly shown. The plans must be clearly labeled as "as -built" or
"record" drawing. All surveyed dimensions and elevations shall be certified by a
registered surveyor. The following information, at a minimum, shall be verified on the
as -built drawings:
1. Dimensions and elevations of all discharge structures Including all weirs, slots, gates,
Pumps, pipes, and oil and grease skimmers;
2. Locations, dimensions, and elevations of all filter, exflltration, or underdrain systems
Including cleanouts, pipes, connections to control structures, and points, of discharge to
the receiving waters;
3. Dimensions, elevations, contours, or cross-sections of all treatment storage areas
sufficient to determine state -storage relationships of the storage area and the permanent
pool depth and volume below the control elevation for normally wet systems, when
appropriate;
4. Dimensions, elevations, contours,, final grades, or cross-sections of the system to
determine flow directions and conveyance of runoff to the treatment system;
5. Dimensions, elevations, contours, final grades, or cross-sections of all conveyance
systems utilized to convey off-site runoff around the system;
08/27/2004 13:19 7727783617 MOSBY ASSOC PAGE 07/11
6. Existing water elevation(s) and the date determined; and Elevation and location of
benchmark(s) for the surrey.
11. The operation phase of this permit shall not become effective until the permittee has
complied with the requirements of general condition 9 above, the District determines the
system to be in compliance with the permitted plans, and the entity approved by the
District in accordance with subsections 7.1.1 through 7.1.4 of the Applicant's Handbook:
Management and Storage of Surface Waters, accepts responsibility for operation and
maintenance of the system, The permit may not be transferred to such an approved
operation and maintenance entity until the operation phase of the permit becomes
effective. Following inspection and approval of the permitted system by the District, the
permittee shall request transfer of the permit to the responsible approved operation and
maintenance entity, If different from the permittee. Until the permit is transferred
pursuant to section 7.1 of the Applicant's Handbooks Management and Storage of
Surface Waters, the permittee shall be liable for compliance with the terms of the permit.
12. Should any other regulatory agency require changes to the permitted system, the
permittee shall provide written notification to the District of the changes prior
implementation so that a determination can be made whether a permit modification is
required.
13. 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 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 permit and chapter 40C-4 or chapter
40C-40, F.A.C.
14. The permittee shall hold and save the District harmless from any and all damages,
claims, or liabilities which may arise by reason of the activities authorized by the permit
or any use of the permitted system.
15. Any delineation of the extent of a wetland or other surface water submitted as part of the
permit application, including plans or other supporting documentation, shall not be
considered specifically approved unless a specific condition of this permit or a formal
determination under section 373.421(2), F.S., provides otherwise.
16. The permittee shall notify the District in writing within 30 days of any sale, conveyance,
or other transfer of ownership or control of the permitted system or the real property at
which the permitted system is located. All transfers of ownership or transfers of a permit
are subject to the requirements of section 40C-1.612, F.A.C. The permittee transferring
the permit shall remain liable for any corrective aotions that maybe required as a result
of any permit violations prior to such sale, conveyance or other transfer.
17. Upon reasonable notice to the permittee, District authorized staff with proper
identification shall have permission to enter, inspect, sample and test the system to
insure conformity with the plans and specifications approved by the permit.
18. If historical or archaeological artifacts are discovered at any time on the project site, the
permittee shall immediately notify the District.
19. The permittee shall Immediately notify the District in writing of any previously submitted
information that is later discovered to be inaccurate.
08/27/2004 13:19 7727783617 MOSBY ASSOC PAGE 09/11
Notice Of Rights
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 Reld 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 120.669 and 120.57(1), Florida Statutes, where there is a dispute
between the District and the party regarding an Issue of material fact. A petition for
formal 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 28-105.111, 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.
08/27/2004 13:19 7727783617 MOSBY ASSOC PAGE 10/11
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 decision 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, lolls the time to
request an administrative hearing under paragraph no. 1 or 2 above (Paragraph
70.51(10)(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 70.61(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 413, will result in waiver of that right to review.
08/27/2004 13:19 7727783617 MOSBY ASSOC PAGE 11/11
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 32958-8697
At 4:00 p.m, this 28th day of June, 2004.
D'Nision of Permit Data Sery
Gloria Lewis, Director
St. Johns River Water Management District
Post Office Box 1429
Palatka, FL 32178-1429
(386) 329-4152
Permit Number: 42-061.68172-8
08/27/2004 13:19 7727783617 MOSBY ASSOC PAGE 01/11
MOSBY AND ASSOCIATES, INC.
CONSULTING ENGINEERS
2455- 14TH AVENUE
POST OFFICE BOX 6368
VERO BEACH, FL 32960
TELEPHONE: 772-569-0035
FACSIMILE: 772-778-3617
FAX TRANSMITTAL
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This fax transmittal consists of " sheets, including this cover page. If you do not receive all
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