HomeMy WebLinkAboutSouth Florida Water Management Encironmental DistrictJUL-06-2005 17r06 SFWMD P.ulily
91_ -.�H FLORIDA WATER MANAGEMENT DISTRICT
ENVIRONMENTAL RESOURCE
STANDARD GENERAL PERMIT NO.56-02105.P
DATE ISSUED: December 9, 2004
FOM #0941
08195
PERMITTEE: RUNWAY'S END, LLC.
1335 NEPTUNE DR
BOYNTON BEACH, FL 33426
PROJECT DESCRIPTION: Construction end operation of a surface water management system to Serve a 4.92
acre project known as Runway's End Commerce Center.
PROJECT LOCATION: ST LUCIE COUNTY,
SEC 29 TWP 34S ROE 40E
PERMIT DURATION: See Special Condition No:1, See attached Rule 40E-4,321. Florida Administrative
Code.
This is to notify you of the Districts agency action concerning Notice of intent for Permit Application This action is taken pursuant to Rule 40E• 1.603 and Chapter 40E40. Florida Administrativeode (F,A.C.). 040823.2, dated June 23, 2004.
Based on the information provided, District rules have been adhered to and an Environmental Resource General Permit is in effect for this
Project subject to:
1. Not receiving a filed request for a Chapter 120, Florida Statutes, administrative hearing.
I
2. the attached 19 General Conditions j (See Pages: 2 - 4 of 5 ).
3. the attached 11 Special Conditions ($ee Pages: 5 -.5 of 5) and
d, the attached 2 Exhibit(s). .
Should you object to these conditions, please iefer to the attached "Notice of Rights' which addresses the procedures to be followed if you
desire a public hearing or other review of the proposed agency action. Please, contact this office if you have any questions 'Concerning this
ntatte►. If we do not hear from you in accordance with the 'Notice of Rights" we will assume that you concur with the District's action.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a "Notice of Rights" has been mailed to the Permittee (and the persons listed In the
attached di9tributton list) no later than 5:00 p.m. on this 9th day of December, 2004,
120,60(3�� Florida Stgtutes; !` in accordance with Section
/ Anthony M. Waterhovd,(e, P,E,
Director -Surface Water Management
-,Palm Seach Service Center
Certified mail number 70041160 0003 6641 5931
Page 1 of'5
JLL-06-2005 17:06 SFWMD 15blbi bti7b r.ne/17
APPlication No. 040623-2
Page 2 of 5
GENERAL CONDITIONS
1.
All activities authorized by this permit shall be implemented as set 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 and Part IV, Chapter 373,
F.S.
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 request1by 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 does not cause violations of State
water quality standards. The permittee shall implement best management practices for erosion and
Pollution control to prevent violation of State water quality standards. Temporary erosion control shall be
Implemented prior to and during construction, and permanent control measures shall be completed within 7
days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where
the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted
work. Turbidity barriersshall remain in place at all locations until construction is completed and soils are
stabilized and vegetation has been established. All practices shall be in accordance with the guidelines
and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound
Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference
in Rule 40E-4.091, F.A.C. unless a project -specific erosion and sediment control plan is approved as part
of the permit. Thereafter, the permlttee 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.
4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date
that this permit is issued! At least 48 hours prior to commencement of activity authorized by this permit,
the permittee shall submit to the District an Environmental Resource Permit Construction Commencement
Notice Form Number 0966 indicating the actual start date and the expected construction completion date.
5. 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. Status report forms shall be
submitted the following June of each year.
6• Within 30 days after completion of construction of the permitted activity, the permites shall submit a written
statement of completion and certification by a professional engineer or other individual authorized by law,
utilizing the supplied Environmental Resource/Surface Water Management permit Construction
Completion/Certification Form Number 0881A, or Environmental Resource/Surface Water Management
Permit Construction Completion Certification - For Projects Permitted prior to October 3, 1995 Form No.
08818, incorporated by reference in Rule 40E-1.659, F.A.C. The statement of completion and certification
shall be based on onsite ;observation of construction or review of as -built drawings for the purpose of
determining if the work was completed in compliance with permitted plans and specifications. This
submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation
from the approved drawings are discovered during the certification process, the certification must be
accompanied by a copy of the. approved permit drawings with deviations noted.
revised specifications must be clearly ShBoth the original and
own. The plans must be clearly labeled as "as -built" or "record"
drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor.
7. The operation phase of this permit shall not become effective: until the permittee has complied with the
requirements of condition (6) above, and submitted a request for conversion of Environmental Resource
Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to
be in compliance with the permitted plans and specifications; and the entity approved by the District in
accordance with Sections 19.0 and 10.0 of the. Basis of Review for Environmental Resource Permit
Applications within the South Florida Water Management District, accepts responsibility for operation and
maintenance of the system. The permit shall not be transferred to such approved operation and
JUL-06-2005 17:06
15616826696 P.03/19
AW11C01ion No. 04OV3-2
Page 3 of 8
OENERAL CONDITIONS
appmaintenance entity until the operation phase of the permit becomes effective. Following inspection and
roval of the permitted system by the District, the permittee shall initiate transfer of the permit to the
pproved responsible operating entity if different. from the permittee. Until the permit is transferred
Pursuant to Section 40E-1.6107, F.A.
permit, C., the permittee shall be liable for compliance with the terms of the
t3. Each phase or independent portion of the permitted system must be completed in accordance with the
permitted plans and perfnit conditions prior to the initiation of the permitted use of site infrastructure located
within the area served by that 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 the phase or portion of the system to a local government or
other responsible entity.
9. For those systems that will be operated or maintained by an entity that will require an easement or deed
restriction in order to enable that entity to operate or maintain the system in conformance with this permit,
such easement or deed restriction must be recorded in the public records and submitted to the District
along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the
Basis of Review for Environmental Resource Permit applications within the South Florida Water
Management District, prior to lot or units sales or prior to the completion of the system, whichever comes
first. Other documents conceming the establishment and authority of the operating entity must be flied with
the Secretary of State, 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
government entity. Failu je to submit the appropriate final documents will result in the permittee remaining
liable for carrying out maintenance and operation of the permitted system and any other permit conditions.
10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the
District in writing of the changes prior to implementation so that a determination can be made whether a
permit modification is required.
11. This permit does not eiimfnate the necessity to obtain any required federal, state, local and special distract
authorizations prior to the listart 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,
any entrance Upon or activities on Property ,nor does it authorize
any rights or privileges over than those specifiedi nnthe permit and Chapter controlled b40E-4the por Chapter 4co
01=ermittee, or n40
FA.C.. I
The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any
excavation, construction, 01 other activity involving the use of sovereign or other lands of the State, the title
to which is vested in the S'oard 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 is responsible for obtaining any necessary authorizations from the Board of Trustees prior to
commencing activity on sovereignty lands or other state-owned lands.
The permittee must obtain a Water Use permit prior to construction dewaering, unless the work qualifies
for a general permit pursuant to Subsection 40E-20.302(3), F.A.C., also known as the "No Notice" Buie.
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 permit.
Any delineation of the exten
including plans or other si
condition of this permit or a
The permittee shall notify thi
of a wetland or other surface water submitted as part of the permit application,
)POftg documentation, shall not be considered binding, unless a specific
)rural determination under Section 373.421(2), F.S., provides otherwise.
District in writing within 30 days of any sale, conveyance. or other transfer of
JUL-06-2005 17:07 SFWMD 156168�6896 P.a4i19
Application No. 040623-2
Page 4 of 5
GENERAL CONDITIONS
Ownership or control of a permitted system or the real property on which the permitted system is located.
All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E-1,6105 and
40E-1.6107, FA,C.. The permittee transferring the permit shall remain liable for corrective actions that
may be required as a result Of any violations prior to the sale, conveyance or other transfer of the system.
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 appropriate District service center,
19. The permittee shall imr? ediately notify the District in writing of any previously submitted information that is
later discovered to be inaccurate.
JUL-06-2005 17:07 SFWMD 15616826896 P.05i19
ApplkaUon No. 040023-2
Page 5 of 5
SPECIAL CONDITIONS
• The construction phase of this permit shall expire on December 9, 2009,
2. Operation of the surface water management system shall be the responsibility of Runway's End, LLC.
3. Discharge Facilities:
14W X 4' H DROP INLET weir with crest at elev. 21.94' NGVD.
1-3° die. CIRCULAR ORiFICE with invert at elev. 17.98' NGVD.
Receiving body: St. Lucie County Canal
Control elev, : 17.99 feet NGVD.
4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems
that result from the construction or operation of the surface water management system.
5. Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not
occur in the receiving water.
6• The District reserves the (right to require that additional water quality treatment methods be incorporated
into the drainage system if such measures are shown ON necessary.
7• Facilities other than those) stated herein shall not be constructed without an approved modification of this
permit.
8 A stable, permanent and accessible elevation reference shall be established on or within one hundred
(100) feet of all permitted discharge structures no later than the submission of the certification report. The
location of the elevation reference must be noted on or with the certification report.
9. The permittee shalt provide routine maintenance of all of the components of the surface water
management system in order to remove all trapped sediments/debris. All materials shall be properly
disposed of as required by law. Failure to properly maintain the, system may result in adverse flooding
conditions.
10. This permit is issued based an the applicant's submitted information which reasonably demonstrates that
adverse water resource related impacts will not be caused by the completed permit activity. Should any
adverse impacts caused by the completed surface water management system occur, the District will
require the permittee to provide appropriate mitigation to the District or other impacted party. The District
will require the permittee to modify the surface water management system, if necessary, to eliminate the
cause of the adverse impacts.
11 Minimum building floor elevation: BASIN: Site - 22.73 feet NGVD.
JUL-06-2005 17:07 5FWMD
ENVTROf,MENTAL RESOURCE PERMfT
40E-4,321 Dura;tics of permits
15b1bUd0U'Jb r.nbzl7
CHAPTER40E-4 (10; 95)
i55.0(1) Unless revoked or ot'ienvise Mdified the duration of an en
v;ronrrental resource
ed under this chaps or Chapter 4CE-40, F.A.C. is as follo►v5:
permit
(a) For a conceptual approval, hvo Y0,11 from the date cf LSsuance or the date speci!ied as a
condition of the Perot, unless within that period an application for an individual or standard general pe►s a
is filed for any portion ci' Uie
the conceptual a pr9�a' 1f an application for an environmental resource pzmiit is filed, then
pproval' rMains valid until final action is taken on the erviron , PCtal resource permit
application. If Cte application is granted, byen the conceptual approval is valid For an additional two years
from the date of issuance of the permit, Conceptual approvals which have no tdivid,�f or Standard general
environmental resource permit applications filed for a period of two years shall expire autornaticafty at tfte
end of the hvo year perio.
(b) For a co'nxeptual approval filed concurrently with a development of regional impact (OR
application for development approval (ADA) and a Iocal government comprehensive plan amendment, the
duration e: the conceptual approval shall be two years from whichever one of the following occurs at the
latest date;
1. the effective date of the local government's comprehensive plan anendment.
2, the effective date of the local government development order,
4. the 3. the latest date of the resolutite,�on which the on of any Chapter
or
or Other legal appeals, ; A.C,, administrative proceeding
(c) For an individual or standard general environmental resource permit, five years from the
date of issuance or such amount Of time as made a condition Of the permit.
(d) For a noticed general permit issued pursuant to Chapter 40-E.400, F.A,C., five years from
the date the notice of intent to use the permit is provided to the District.
(2)(a) Unless pr�sulbed by special permit condition ttie timefrarries indicated injwis rule. If application for extension isemalde f,�ts pw ;ire a�ctoratically according to
(3), the permit spat1 remain lin tull force a.�4 effect until: pursuant to subsection
'Or 1. the Cnover�gng Board takes action on an application for extension of arr individual permit,
Z' staff takesI scion on an application for extension of a standard eneral
(b) Installation of the Project outfall structure shall 50t constituteA a9 permit.
(3) The Permit, extension shall be issued provided that a pe.•r;tittee Ftesta nrenof erequest with
au District shoK4ng goad cause prior to the expiration of the Permit. For the u r
cause shall mean a set of =enuating dreumtances outside of the control of the purpose his rule, good
extensions, which shall Include documentation of the extenuating 0rcumstarr_eS and hc�v �•M fare
this project, will not be accepted more than it3Q days prior to the expiration dare. � e, ,ave de.s far
Y delayed
(4) Substantial. modifications to Conceptual Approvals will extend Ghe duration of the
Conceptual Approval for tvvo yeas fin., the date of issuance of the is wiia;ixt
section, the term "subs;antiah mod;ScaGon" shalt mean a modification which 15 reaso For. the
purposes
to substantial n "5 edor lead
N ent water resource or environmental irnpactS which require a de;ailej review.
to lead
(5) Substantial modifxations to individual or scanda:d general environmental r
issued pursuant to a pen'tit appGcaJon emend Oe duration or ttie
issuance of the n oyifia,;on, individual or Stan„ and general environ„wn�t,-=urc� �urhe date. f
pa-n t for Ch: m yL ors Fon the date �f
not extend C`►e duration of a cp:ic $ - Pe met modit�at;Qls o0
epwl approval,
(6) he.�it rrr 65cabons issued pursua;:t to subse.:ion qC�.y r•r- ,,
modit'Ka.ions) do not extend ttie du-atior Of a rri► '' 1+�):�» F.A.C. �let:w yen ..
and Ottain opr.2;,ontaf to cxnplete corutru:,;pn or al;er3ti�i: of ttic surface Y:a•er
a'''►orl �e aaprrval Fan ;.tie Di s: ict sti?�r� :y� mtlra�ement sy;:en
ta��on it order to contin p,;. f;, d;•a:�o„ s~e!1
JC const.^uc-ion unless a permit `'"i; C 2 new �7" T i;
JUL-06-2005 17:08
15616B26896 P.07/19
Section 120.565(1), Fla. $tat. (19,t
judicial review that is available ur
followed to obtain the hearing orju
Rights is net intended to provide
appropriate remedy. You may wish
Petition for Administrative Procee
1 • A person whose sub,
affected by the South Florida Water A
(SFWMD)action has the right to regk
hearing on that action. The affected
either a formal or an informal hearing,
Point of entry into administrative pros
by Rules 28-106.111 and 40E-1.511
(also published as an exception to tl
Procedure as Rule 40E-0.109), a
Petitions are deemed filed upon re(
documents by the SFWMD Clerk.
a. Formal Administ alive
genuine issues) of material fact is in
person seeking a formal hearing on
which does or may determine their
shall file a petition for hearing pursuant
and 120,57(1), Fla. Stat. or for me
Section 120.573. Fla. Slat. within 2
provided in subsections C. and d. belt
notice through mail or posting or publli
the SFWMD has or intends to take i
Pctitions must substantially comply wil
Of Rule 28-106.201(2), Fla. Admin. G
which is attached to this Notice of R(aht:
b, lnformal Administrative l
are no issues of material fact in disf
person seeking an informal hearing on a
which does or may determine their su
shall file a petition for hearing pursuant to
and 120.57(2), Fla. Slat, or for medh
Section 120.573, Fla. Stat. within 21
provided in subsections c. and d. below
notice through mail or posting or publica
the SFWMD has or intends to take tint
Petitions must substantially comply with
of Fiule 28.106.301(2), Fla. Admin. Cod
which is attached to this Notice of.Flights.
c. Administrative COm lair
If a Respondent objects to a SFWA
Complaint and Order, pursuant to Sec,
Stat. (1997), the person named In tl
Complaint and Order may file a petition
later than 14 days after the date such
Petitions must substantially comply with
of either subsection a. or b. above.
NOTICE OF Rr HTS
requires that "each notice shall inform the recipient. of any administrative hearing or
r this section, S. �20,57, or s. 120.68; shall indicate the procedure which must be
ial review, and shall state the time limits which apply." Please note that this Notice of
fal advice. Not all the legal proceedings detailed below may be an applicable or
consult an attorney regarding your legal rights.
tntial Interests are
tnagement oistricps
st an administrative
ierson may request
s set forth below. A
edings is governed
Fla. Admin. Code,
i Uniform Rules of
set forth below.
ipt of the original
iearino; It a
apute, the affected
SFWMD decision
bstantial interests
Sections 120.5669
goon pursuant to
days, except as
of either written
tion of,notice that
sl agency action•
the requirements
e, a copy of the
arina: If there
e, the affected
FWMD decision
tantlal interests
actions 120,569
n1 pursuant to
iys, except as
if either written
I of notice that
agency action.
a requirements
a copy of the
Administrative
373.119, Fla.
Administrative
a hearing no
ter is served.
requirements
d Stile Lan s Environmental Resource
Permit; Pursuant to Section 373.427, Fla. Slat., and Rule
11
40E•1.511(3), Fla. Admin. Code (also published as an
exception to the Uniform Rules of Procedure as Rule 40E-
0.109(2)(0)), a petition objecting to the SFiNMD,s agency
action regarding consolidated applications for
Environmental . Fesource Permits and lJse of Sovereign
Submerged Lands (SLERPs), must be filed within 14 days
of the notice Of consolidated intent to grant Or deny the
SLERP. Petitions must substantially comply with the
requirements of either subsection a. or b. above.
e. Emerg-A uthorization and Order:
A person whose substantial interests are atlected by 3
SFWMD Emergency Authorization and Order, has a right
to file a petition under Sections 120.569, 120.57(1), and
120.57(2), Fla. Stat., ds provided in subsections a, and b.
above, However, the person, or the agent of the person
responsible for causing or contributing to the emergency
conditions shall take whatever action necessary to cause
immediate compliance with the terms of the Emergency
Authorization and Order.
f. Order r for Eme_ rasncv Action A pers(y,.
whose substantial interests are affected by a SFWMD
Order for Emergency Action has a right to file a potillon
pursuant to Rules 28.107.005 and 40E-1.611, Fla. Admin.
Code, copies of which are attached to this Notice of Rights,
and Section 373.119(3), Fla. Slat., for a hearing. on the
Order. Any subsequent agency action or,proposed agency
action to initiate a formal revocation proceeding shall be
separately noticed pursuan! to section g. below.
9. Permit ensio
Suspn Revocation.
Annulment and Withdrawal• 1f the SFWm5 issues an
administrative complaint. to suspend, revoke, annul, or
Withdraw a permit, the permittee may request a hearing to
be conducted in accordance With Sections 120,559 and
120,57, Fla. Slat., within 21 days of either written notice
through mail or posting or publication of notice that the
SFWMO has or intends to take final agency action.
Petitions must substantially comply with the requirements
of Rule 28.107.004(3), Fla. Admin. Code, a copy of the
which is attached to this Notice of Rights.
2. Secause the administrative hearing process
is designed to formulate final agency action, the filing of
a petition means that the SFWMD's final action may be
different from the position taken by it previously.
Persons whose substantial interests may he affected by
Revised August, 2000
JUL-06-2005 17:08
15b1bUebbtJb V.UW/1y
any such final decision of the
Pursuant to Rule 40E-1.511(2), F
published as an exception to I
procedure as Ru!e 40E-0.1 Q9(2)
days tram the date of receipt of no
request an administrative hearing.
the administrative hearing shah
substantial deviation.
3- Pursuant to Rule 401
Code, substantially affected persot
Pursuant to Section 120.57(1), Fla.
right to such a hearing and reque
before the Governing Board pursual
Fla. Stat., which may be granted
Goveming Board.
4. Pursuant 10 Rule 28.10
Code, persons may file with the V
extension of time for filing a petition
good cause shown, may grant the exi
for extension must contain a certifida
has consulted with all other parties, if
extension and that the SFWMD and a
to the extension,
CIRCUIT COURT
5. Pursuant to Section 37;
substantially affected person who dial
a""t'On of the SFWMD relating ti
constitutes an unconstitutional taking
just compensation may seek judicial re
circuit court by filing a civif action in th
judicial circuit in which the affected
within 90 days of the rendering of
agency action.
6. Pursuant to Seclion 403.
citizen Of Florida may bring an action
against the SFWMD to compel the SR
laws of Chapter 373, Fla. Slat., and TII
Code. The complaining party must fil
Clerk a Writ led complaint setting forth 9
the complaint is based and the me
complaining party is affected. It the SF%
appropriate action on the complaint
receipt, the complaining Party may thei
injunctive relief in the 15 party
Ciro
Eleach County or circuit court in the
cause of action allegedly occurred.
SFWMD shall have,
I. Admin. Code (also
e Uniform Rules of
an additional 21
ce of said decision to
owever, the scope of
be limited to the
1.5110), Fla. Admim
entitled to a hearing
itat., may waive their
an informal hearing
to Section 120.57(2),
it the option of the
111(3), Fla. Admin.
VIVID a request for
The SFIPJMD, for
nston. The request
r that the petitioner
iny, concerning the
other parties agree
i17, Fla. Stat., any
8 that final agency
permit decisions
if property without
ew of the action in
circuit court in the
'operty is located
Q SFWMD's final
12, Fla. Stat., any
or injunotive relief
MD to enforce the
i 40E, Fla. Admin.
with the SFWMD
facts upon which
'or in which the
MD does not take
Min 30 days of
file a civil suit for
i in and for Palm
ounty where the
'7• Pursuant to Section 373.433, Fla. Stat., a
Private citizen of Florida may file suit in circuit court to
require the abatement of any stormwater management
system, dam, impoundment, reservoir, appurtenant work or
works that violate the provisions of Chapter 373, Fla. Stat.
DISTRICT COURT OF APPEAL
8. Pursuant to Section 120.68, Fla. Stat., a party
who is adversely affected by final SFWMD action may
seek judicial review of the SFWMJ's final decision by filing
a notice of appeal pursuant to Florida Rule of Appellate
Procedure 9.110 in the Fourth District Court of Appeal or in
the appellate district where a party resides and filing a
second copy of the notice with the SFWMD Clerk within 30
days of rendering of the final SFWMD action.
LAND AND WATER AbJUDICATORY COMMISSION
9. A party to a 'proceeding below" may seek
review by the Land and Waler Adjudicatory Commission
(FLAWAC) of SFWMD's final agency action to determine if
such action is consistent with the provisions and purposes
of Chapter 373, Fla. Stat. Pursuant to Section 373.114,
Fla. Stat., and Rules 42-2,013 and 42-2.0132, Fla. Admin.
Code, a request for review of (a) an order or rule of the
SFWMD must be filed with FLAWAC within 20 days after
rendition of the order or adoption of the rule sought to be
reviewed; (b) an order of the Department of Environmental
Protection (DEP) requiring amendment or repeal of a
SFWMD rule must be filed with FLAWAC within 30 days of
rendition of the DEP's order, and (c) a SFWMQ order
entered pursuant to a formal administrative hearing under
Section 120.57(1), Fla. Stat., must be filed no later than 20
days after rendition of the SFWMp's final order.
Simultaneous with filing, a copy of the request for review
must be served on the DEP Secretary, any person named
in the S, WMD or DEP final order, and all parties to the
proceeding below. A copy of Rule 42-2.013, Fla, Admin.
Code is attached to this Notice of Bights.
PRIVATE PROPERTY RIGHTS PROTECTION ACT
10. A property owner who alleges a specific action,
of the SFWMD has inordinately burdened an existing use,
Of the foal property, or a vested right to a specific use of
the real property, may file a claim in the circuit court where
the real property is located within 1 year of the, SFWMD
action pursuant to the procedures Set forth in Subsection
70.001(4)(a), Fla. Slat.
LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION
11. A property owner who alleges that a SFVJMD
development order (as that term is defined in Section
70.51(2)(a), Fla. Stat, to inolude permits) or SFWMD
enforcement action is unreasonable, or unfairly burdens
the. use of the real property, may file a request for relief
With the SFWMi3 within 30 days of receipt of the SFWMD's
order or notice of agency action pursuant to the procedures
set forth in Subsections 70.51(4) and (6), Fla. Stat.
MEDIATION
12. A person whose substantial interests are,
or may be, affected by the SFWMD's action may choose
mediation as an alternative remedy under Section 120.673,
Fla. Stat. Pursuant to Rule 28.106.111(2), Fla. Admin.
Code, the petition for mediation, shall be filed within 21
days of either written notice through mail or po_ting Or
RevisedAugus1, 2000)
JUL-06-2005 17:09 5FWMD 1JblbGdbtl7b I".t07�17
fI
publication of notice that the SFWMD has or intends to
take final agency action_ Choosing mediation will not affect
the right to an administrative hearind if mediation does not
result in settlement.
Pursuant to Rule 28-106,402. Fla. Admin. Code, the
contents of the petition for mediation shall contain the
following information: i
(1) the name, address, and telephone
number of the person requesting I mediation and that
person's representative, it any;
(2) a statement of the preliminary agency
action;
(3) an explanation of how the person's
substantial interests will be affected by the agency
determination; and
(4) a statement of relief sought.
As provided in Section 120.573, Fla. Stat. (1997), the
timely agreement of all the parties to mediate will toll the,
time limitations imposed by Sections 120.569 and 120,57,
Fla. Stat., for requesting and holding an administrative
hearing, Unless otherwise agreed by the parties, the
mediation must be concluded within 60 days of the
execution of the agreement. If mediation results in
settlement of the dispute, the SFWMD must enter a final
order incorporating the'agreement of the parties. Persons
whose substantial interest will be affected by such a
modified agency .decision have a right to petition for
hearing within 21 days of receipt of the final order in
accordance with the requirements of Sections 120,569 and
120.57, Fla. Slat,, and SFWMD Rule 28-106.20?(2), Fla.
Admin. Code. It mediation terminates without settlement of
the dispute, the SFWMD Shall notify alll parties in writing
that the administrative hearing process under Sedlions
120,569 and 120.57. Fla. Slat., remain available for
disposition of the dispute, and the notice will specify the
deadlines that then will apply for challenging the agency
action. i
VARIANCES AND WAIVEFIS 1
13• A person who is subject to regulation
Pursuant to a SFWMD rule and believes the application of
that rule will create a substantial hardship or wilt violate
principles of fairness (as those terms are defined in
Subsection 120,542(2), Fla. Stat.) and' can demonstrate,
that the purpose of the underlying statute will be or has
been achieved by other means, may file a petition with the
SR'VMD Clerk requesting a variance from or waiver of the
SFWMD rule, Applying for a variance or waiver does not
substitute or extend the time for filing is petition for an
administrative hearing or exercising any bother right that a
person may have concerning the SFWMD's action.
Pursuant to Rule 28-104.002(2), Fla. Aydmin. Code, the
petition must include the following information_
i
(a) the caption shall read:
Petition for (Variance from) or (Waiver of) Rule (Citation)
(b) The name, address, telephone number
and any facsimile number of the petitioner;'
(c) The name, address telephone number
and any facsimile number of the attorney or qualified
representative of the petitioner, (if any);
(d) the applicabla rule or portion of the rule;
(a) the citation to the stalue the rule is
implementing;
(f) the type of action requested;
(9) the specific facts that demonstrate a
substantial hardship or violation of principals of fairness
that would justify a waiver or variance for the petitioner;
) the reason
why the
the waiver
requested would serve thePurposesrrofo her underlying
statute; and
(i) a statement of whether the variance or
waiver is permanent or temporary, If the variance or
waiver is temporary, the petition shall include the dates
indicating the duration of the requested variance or waiver.
A person requesting an emergency variance from or
waiver of a SFWMD rule must clearly so state In the
caption of the petition. In addition to the requirements of
Section 120.542(5), Fla. Slat. pursuant to pule 28-
104.004(2), Fla. Admin. Code, the petition must also
include:
a) the specific facts that make the situation an
emergency; and
b) the specific facts to show that the petitioner will
suffer immediate adverse effect unless the variance or
waiver is issued by the SFWMD more expeditiously than
the applicable timeframes set forth in Section 120.542, Fla,
Slat.
WAIVER OF FIGHTS
14. Failure to observe the relevant time
frames prescribed above will constitute a waiver of such
right,
28.106,201 INITIATION OF PROCEEDINGS
(INVOLVING bIspL!T61) ISSUES OF MATERIAL FACT)
(2) All petitions filed under these rules shall contain:
(a) The name and address of each agency affected
and each agency's file or identification number, if known;
(b) The name, address, 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 in 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,
as well as the rules and statutes which entitle the petitioner
to relief; and
(f) A demand for relief,
Revised August. 2000
JUL-06-2005 17:09
15616626896 P.10i19
f
28-106.301 INITIATION OF PROLE
(NOT INVOLVING DISPUTED
(2) All petitions filed under these
(a) The name and address of
and each agency's file or identificatic
(b) The name, address, and tel
Petitioner; the name, address, and
the petitioner's representative, if an
address for service purposes durir
proceeding, and an explanation of
substantial interests will be affec
determination, .
(0) A statement of when and
received notice of the agency decisior
(d) A concise statement of the u
as well as the rules and statutes whicl
to relief; and
(e) A demand for relief.
28-107.004 SUSPENSION, REVOC,
OR WIT119RAWAL
(3) Requests for hearing tiled in ,
rule shall iriclude.
(a) The name and address of It
request, for purposes of service;
b) A statement 't
is r
Involving t g disputed ed issues of matethe y al fz
involving disputed Issues of material fac
(c) A reference to the notice, or(
administrative Complaint, or other coin
Party has received from the agency.
42.2,013 REQUEST FOR REVil=1
SECTION 373.114 OR 373.
(1) In any proceeding arising under
review by the Florida Land and V
Commission may be initiated by the De
by filing a request for such. review with tl
Commission and serving a copy on an
the rule or order, and on all parties
which resulted in the order sought to
certificate of service showing complet
required by this subsection shall be a
determination of sufficiency under Rule d
to file the request with the Commissc
Period provided in Mule 42.2.0132 shall
of the request for review.
(2) The request for review shall identify
requested to be reviewed, the proceeding
Of order was entered and the nature of thi
Copy Of the rule or order sought to be ri
attached. The request for review
Particularity;
(a) How the order or rule coy
requirements, provisions and purposes
F.S., or rules duly adopted thereunder;
FACT)
«tles shall contain:
Inch agency affected
number. H known;
Phone number of the
elephone number of
which shall be the
the course of the
iow the petitioner's
Id by the agency
how the petitioner
timate facts alleged,
entitle the petitioner
TION, ANNULMENT,
ccordance with this
party making the
questing a hearing
:t, or a hearing not
; and
ar to show cause,
nunication that the
'PURSUANT TO
017
:hapter 373, F.S,,
ater Adjudicatory
artment or a party
e Secretary of the
person named in
the proceeding
be, reviewed. A
an of service as
equirement for a
?-2.0132. Failure
I within the time
esult in dismissal
he rule or order
in which the rule
rule or order. A
viewed shall be
hall state with
;ts with the
Chapter 373,
(b) How the rule or order sought to be reviewec
affects the interests of the party seeking revieal;
(c) The oral or written statement, sworn or unsworn,
which was submitted to ',he agency concerning the matter
to be reviewed and the date and location of the statement,
if the iridividual or entity requesting the review has not
participated in a proceeding previously instituted pursuant
to Chapter 120, F.S., on the order for which review is
sought;
(d) If review of an order is being sought, whether and
how the activity authorized by the order would
substantially affect natural resources of statewide or
regional significance, or whether the order raises issues of
Policy, statutory interpretation, or rule interpretation that
have regional or statewide significance from a standpoint
of agency precedent, and all the factual bases In titre
record which the petitioner claims support such
determination(s); and
(a) The action requested to be taken by the
Commission as a result of the review, whether to rescind -or
modify the order, or remand the proceeding to the water
management district for further action, or to require the
water management district to initiate rulemaking to adopt,
amend or repeal a rule.
28-107.005 EMERGENCY ACTION
(1) if the agency finds that immediate serious danger
to the public health, safety. or welfare requires emergency
action, the agency shall summarily suspend, limit, or
restrict a license.
(2) the 14-day notice requirement of Section
120.569(2)(b), F. S., does not apply and shall not be
construed to prevent a hearing at the earliest time;
practicable upon request of an aggrieved party.
(3) Unless otherwise provided by law, within 20 days
after emergency action taken pursuant to paragraph (1) of
this rule, the agency shall initiate a formal suspension or
revocation proceeding in compliance with Sections
120,569,120.57. and 120.60, F.S.
40E-1.611 EMERGENCY ACTION
(1) An emergency exists when immediate action is
necessary to protect public health, safety or welfare; the
health of animals, fish or aquatic life; the works of the
District; a public water supply, or recreational, commercial,
industrial, agrfeultural or other reasonable uses of land and
water resources,
(2) The Executive Director may employ the resources
of the District to take whatever remedial action necessary
to alleviate the emergency condition without the issuance
of an emergency order, or in the event an emergency order
has been issued, after the expiration of the requisite time
for compliance with that order.
Revised.aupurq, 2(100
JUL-06-2005 17:10 SFWMD
Last Data For Agency Action: 10-DEC-2004
Project Name: Runway'S End C
Permit No.: 56-02105-PI
Application No.: 040623-2
Application Type: Environmental
Location: St Lucie County,
Permittee : Runway'S End, tic.
Operating Entity: Runway'S End,
Project Area: 4.92 acres
Project Land Use: Industrial
Drainage Basin: NORTH ST LUCIE
Receiving Body: St. Lucie County
Special Drainage District: NA
Conservation Easement To District:
Sovereign Submerged Lands: � No
o
mmerce Center
Associated File: 040921-5 WU
Resource (New General Permit)
S29/T34S/R40E
Llc.
Canal
No
15616826896 P.11i19
Class: CLASS III
PROJECT PURPOSE:
This application is a request for an Environmental Resource Permit to authorize construction and
operation of a'surface water management system to serve a 4.92 acre project known as Runways End
Commerce Center. Staff recommends approval with conditions,
APp•►o.: 040623-2 Page 1 ors
JLL-06-2005 17:10 SFWMD 15616826896 P.12i19
PROJECT EVA�U�ON.,
PROJECT• SITE DEtSERIt?TION: ;
The site is located just east of the St. Lucie County Airport at the north-east corner of Indust► I
and St. Lucie Boulevard (Please see Exhibit 1). is 33rd Street
There are no permitted surface water management facilities within the project area. The site consists of
disturbed land and pine flatwoods. There are no wetlands or other surface waters located within or
affected by the proposed project.
. PaOPOS�D•PROJ�CT:,'� . • . • , •• . , , ... ..
The proposed project consists of two commercial buildings with parking areas, a dry detention area and a
system of inlets and culverts associated with the surface water management system infrastructure. Runoff
from the site will be collected through site grading and inlets, then directed through culverts into the dry
detention area for total water quality treatment and storm attenuation. Discharge of the project is into the
St. Lucie County canal that runs along the west side of Industrial 33rd Avenue, west of this property.
All submitted construction plans and calculations associated with this permit were referenced in NAVD,
The values in this report are reference in NGVD. An approximate conversion from NAVD to NGVD can be
obtained by adding 1.48 to the NAVD values.
Construction:
Project:
This Phase
timaing Coverage 92 acres
Pavement 2,19 acres
Pervious 1.81 acres
Total: i
4.92
WaT�a.ouanrTlrY
Discharge Rate:
The proposed discharge structure will have the minimum size bleeder (3 inch circular) allowed by the
District's Basis of Review (Volume IV). Discharge will only occur through the bleeder up to and including
the 25 year, 3 day design storm event.
Discharge Storm Frequency: 25 YEAR-3 DAY
Design Rainfall: 9.25 inches
Basin Allow Disch Method Of
Peak Disch Peak Stage
WS) Determination _ (efs) (ft, NGVD)
Site .46 'F Minimum Size Bleeder
.as 21.94
Finished Floors:
App.no.: 040623.2 page 2 Of
JUL-06-2005 17610 SFWMD
Building Storm Prequency : 100 YEAR-3 DAY
Basin Peak ^Ptage
(n,_ NGVD)
sire 2
Control Elevation;
Basin
Site
Receiving Body:
Basin
Site
a
Area
'(AC ;(Acres)
4.92
Str.#
15b1btidbM1b r.1J-117
Design Rainfall : 11 inches
Proposed Min. Finished Floors FEMA Elevation
-(tt, NGVD) __ (ft, NGVD)
22.73 — N/A
Cirl Elev
(ft, NGV
17.98
Receiving
WSWT Ctrl Elev Method Of
_ _( ft, NGV4)___ Determination
17.98 Wet Season Soil Borings
Pond inlet St. Lucie County Canal
Water uualtty Structures: Note: The units for all the elevation values of structures are (ft, NGVD)
Bleeders:
Basin Str# count. Type Width Height Length Dia, Invert Invert Elev.
Site A
—..—.— — -- .— n
— le Pond inlet 1 Circular Orifice -' p --• ..-
3" 17.98
Weirs:
Basin — Sir# Count Type Width Heil
Site Pond inlet 1 !.— D`Iro enp I t ^ 3' '
WATER QUALITY-;
Dia,
Elev`
21.94 (crest]
Water quality treatment equal to 2,5 inches times the percentage of imperviousness, which is 1.37 Inches
for this Site, will be provided in thelldry detention pond, as shown below.
Basin
Vol Req.d Vol Prov'd
Site (ac-ft)
Treatment dry Detention
.42 .42
0ERTI,FMr:OF THE WARMAOdA;.NTNNAGEMENT SYSTEMc
It is suggested that the permittee retain the services of a Professional Engineer registered in the State of
Florida for periodic observation of construction of the surface water management (SWM) system. This will
facilitate the completion of construction completion certification Form #0881 which is required pursuant to
Section 10 of the Basis of Review for Environmental Resource Permit Applications within the South Florida
Water Management District, and Rule 40E-4361(2), Florida Administrative Code (F.A.C.).
Pursuant to Chapter 40E-4 F.A.C.,! this permit may not be converted from .the construction has
operation phase until certification oif the SWM system is submitted to and accepted by this Districtt . Rule
.40E-4.321(7) F.A.C. states that failure to complete construction of the SWM system and obtain operation
phase approval from the District within the permit duration shall require a new permit authorization unless a
Permit extension is granted.
For SWM systems permitted with an operating entity who is different from the permittee, it should be noted
that until the permit is transferred to Ithe operating entity,pursuant to Rule 40E-1.6107, F.A.C., the permittee
App.no.: 040623-2 Pa®o a of 9
Treatment Method
JLL-06-2005 17:11 SFWMD
15616826696 P.14i19
is liable for compliance with the terms of this permit.
The permittee is advised that the efficiency of a SWM system will normally decrease over time unless the
system is periodically maintained. A significant reduction in flow capacity can usually be attributed to partial
blockages of the conveyance system. Once flow capacity is compromised, flooding of the project may
result. Maintenance of the SWM system is required to protect the public health, safety and the natural
resources of the state. Therefore, the permittee must have periodic inspections of the SWM system
performed to ensure performance for flood protection and water quality purposes. If deficiencies are found,
it is the responsibility of the permittee to correct these deficiencies in a timely manner.
Appmo.: 04os23-2 Page 4 of 6
JUL-06-2005 17:11 SFWMD 15616826896 P.15i19
RELATED ONCERNS:
Water Use Permit Status.
Water Use Permit 66-Q2064-W
Irrioses
was issued on November 261 2004.4. The oapplicant has Indicatedthat dewater ng is. 040921-5) submitted by theaPplicantrnotgation requiredu or this,
project.
This permit does not release the permittee from obtaining all necessary Water Use authorization(s) prior
to the commencement of activities which will require such authorization, including construction dewatering
and irrigation, unless the work qualifies for a No -Notice Short -Term Dewatering permit pursuant to
Chapter 40E-20.302(3) or is exempt pursuant to Section 40E-2.051, FAC.
.Historical/Archeological Resources:
The District has received correspondence from the Florida Department of State, Division of Historical
Resources indicating that the agency has no objections to the issuance of this permit.
DCA/CZM Consistency Review:
The District has not received a finding of inconsistency from the Florida Department of Environmental
Protection or other commenting agencies regarding the provisions of the federal Coastal Zone
Management Plan.
Enforcement:
There has been no enforcement activity associated with this application.
-STAFF REVIEW:
DIVISION APPROVAL;
NAT-URAL RESOURCE MANAGEMENT:
Donald L. Medellin
SURFACE{A►yT R iAANAGEMENT:
t,_`f, ;r
Hugo A: Carter, P.E. `
App.no.: o4as23-2 Page 5 of 5
DATE: :r. •.•_l r - r) 4�
JUL-06-2005 17:11 _SFWMD 15616826896 P.16i19
1
I
MARK TWAN
ROAD
U
LLJ
i
i
n--
Cn
00po" 4.
wgm4L Lao Me
J
I
1
e
`I
63 v
1
1
r y r
c
1
I
w
N
(no scale)
RVNWAY'S END COMMERCE CENTER
LOCATION MAP
App. No. 040623-2
Exhibit 1
JUL-06-2005 17:11 SFWMD 15616926896 P.17/19
Nv'w Lamm Puw
B33SON3 awieQ n.q.� auvmvuc) Idamo mwannoo
'ONOVU6 IMMAvd CINS SAVMNnW
Uj 0 br) I Hau, s MV
.. . ............
ma
NP,
I 7-qR—:vffH.T- 4 7
lip I
�Fe�
---40
i .at
WT,
gg
117
Jil F,7
1yj
;V I
No
Firm.,
Allu
ftff-
Wok i- — L we to
001) K" 7Z 71-7�
WW4 =sic
J f I �3 IL
JUL-06-2005 17:12
�Y'1iNW kIKN101CM p...
a id
- d:Ynani.
:�� r � S} � � S i� •'9
5FWMD 15b1btidb=fb r.1C/17
tru�o, from..—. �• .wcc am.. y ..
vM-•ns►x � - b'1Nd13a �'JbN,Vl� dIW a�.cni�� ��IgYYWp7
1 ssv v .Ls on,l°�fa aNlnvd GNS SAVMNA
fA
p� F► ! r� j n. r Ei j .t�? pJj.1 �1 Q
• 3 7� IG� b _? i
OR
all
iI tfD�Ei! � id
i t `f �(t�: +.j�i i it ' j 1�.1If� tyf ° % ;is
If P1!!1� .i, ,• 1lEf' (1 ��'E � r r'E ��'t�� S� bbt � r� �`�ltis
✓��'S (° (`S t°d! l,ff y a�Iid I�� i�° `,g i L it it�,f-ler }
�! r1 !r 1. f ;:; F of pp} ',� 1 E ►t �) ■ ri [��t. u� �!'1i 111
�jr °i r•-�5q.��i �a
■� (.�pt' ! }�r �f h! �� �jdp 6•��7t� r,f Ilia 11
C'10 1 { ( a}
ij f if: f !II }.i(, F + fffl� Pfr t' i� ! ! �' r 1; Iii! 1 }° •� �yf� ii
49,i.r . `! Y'°t ' ' :' tt yE Qf Y �i4 ► .I wi 4 L fi,fpf
,. " •! ": t 1� ? :c �f ii { I�l'r t 4. E 13
al ;$t is sEinf �.. IF��jf��� "j�L; J �
l
�[j
M
;a i�;�c• ,
tiy. tad
t
oil
ramI
y, r.II i n
,rl
� : �It17GiQ
i U
JUL-06-2005 17:12 SFWMD 15b1bbiebK:Jb r.1y/ly
f
STAFF REPORT DISTRIBUTION LIST
RUNWAY'S END COMMERCE !CENTER
Application No: 040623-2
Permit No: 56.02105-P
INTERNAL DISTRIBUTION
X Melinda Parrott - 4250
X Robert Lazo - 4220
X---O0nald4.: Medellin•-•4P60-
X Hugo A. Carter, P, E. - 4220
X ERC Martin/St. Lucie. 88801
X Permit File
EXTERNAL DISTRIBUTION
X Permittee - Runway'S End, Lic.
X Engr Consultant - Stephen Cooper Pe & Associates
Inc
GOVE MENT AGENCIES
X City of Part St Lucie - Planning Div
X Florida Fish & Wildlife Conservation Commission -
Imperiled Species Mgmi Section
X St. Lucie County Community Development Director
X St. Lucie County Engineer
X St. Lucie County Environmental Resource Manager
OT�R INTERESTED PARTIES
X Sierra Club - Central Florida Group P.O. Box 941692
X Water Management Institute - Michael N. Vanatta
TOTAL P.19