Loading...
HomeMy WebLinkAboutAPPROVED SFWMD Lots 11 dock permit extensionsRevision_20170817 (1)Regulation Division August 16, 2017 Michael Debock Standard Pacific of Florida GP, Inc. 825 Coral Ridge Drive Coral Springs, FL 33071 mdebock@stanpac.com Subject: Chapter 252.363, Florida Statutes - Tolling and extension of permits and other authorizations. Project Name: Riverbend Docks Application and Permit Numbers (Please see below) St. Lucie Dear Permittee : The District received the notice to use the provisions of Florida Statutes, Chapter 252.363 to extend the duration of the above Environmental Resource Permit (ERP) under Part IV of Chapter 373, F.S. The qualifying Emergency Order(s) are: 2016-230, 16-274, 2017-16, 2017-16 and 67 (Matthew), 2017-120 and 174 (Wildfires), 2017-146, and 177 (Opioid Epidemic) and 2017-204 (Tropical Storm Emily). Pursuant to those provisions, the expiration date of the permit is changed as follows: Name Application No. Permit No. New Expiration Date Riverbend Lot 10 Dock 170810-23 56-03262-P-02 Riverbend Lot 11 Dock 170810-25 56-03262-P-15 Riverbend Lot 13 Dock 170810-24 56-03262-P-04 May 22, 2022 May 22, 2022 May 22, 2022 All dates contained in the terms and conditions of the permit pertaining to deadlines, such as for commencing or completing construction, completing any mitigation, and submitting reports for the activity authorized by the permit are modified in recognition of, and relative to, the new expiration date. You are advised that the legislation requires that, “The commencement and completion dates for any required mitigation associated with a phased construction project [is] extended such that the mitigation takes place in the same timeframe relative to the phase as originally permitted.” In accordance with the legislation, the permitted activity will continue to be governed by the rules in effect at the time the permit was issued. However, any future request to modify the permit, except where the modification lessens the environmental impact, will be governed by the rules in effect at the time of the modification. August 17, 2017 Michael Debock Riverbend Docks Page 2 This extension does not: 1.Otherwise change any other terms or conditions of the permit. 2.Affect the expiration date of any associated state-owned submerged lands lease or easement that was executed for the activities authorized in the permit. It also does not change any terms or conditions contained in the lease or easement, such as deadlines for submittal of any required lease fees. 3.Affect the water quality certification determination under Section 401, Public Law 92-500, 33 U.S.C. Section 1341 made as part of the permit. 4.Affect the coastal zone consistency concurrence determination made under Florida’s Coastal Zone Management Program in Section 307 of the Coastal Zone Management Act and 15 CFR 930, Subpart D originally contained in the permit. 5.Affect the expiration date of any state, federal, or local permit, license, or authorization related to this permit, specifically including any federal permit under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act of 1899. If you have any questions concerning this matter, please contact Gary Priest. P.E., Section Leader, Okeechobee Regulatory Office by telephone at 863-462-5260 ext. 3016 or via email at gpriest@sfwmd.gov. Sincerely, Ricardo A. Valera, P.E. Bureau Chief, Environmental Resource Bureau Enclosures: Location Maps Notice of Rights cc: Melissa G. Corbett Application No. 170810-23 Application No. 170810-24 Application No. 170810-25 SFWMD GeoSpatial Services ¯ REGULATION DIVISION South Florida Water Management District Exhibit No: 1 Exhibit Created On: Created by Regulation GIS Section 2017-08-11 ST. LUCIE COUNTY, FL Application Permit No: 56-03262-P-02 Application Number: 170810-23Project Name: RIVERBEND LOT 10 DOCK 0 700350 Feet SFWMD GeoSpatial Services ¯ REGULATION DIVISION South Florida Water Management District Exhibit No: 1 Exhibit Created On: Created by Regulation GIS Section 2017-08-11 ST. LUCIE COUNTY, FL Application Permit No: 56-03262-P-04 Application Number: 170810-24Project Name: RIVERBEND LOT 13 DOCK 0 690345 Feet SFWMD GeoSpatial Services ¯ REGULATION DIVISION South Florida Water Management District Exhibit No: 1 Exhibit Created On: Created by Regulation GIS Section 2017-08-11 ST. LUCIE COUNTY, FL Application Permit No: 56-03262-P-15 Application Number: 170810-25Project Name: RIVERBEND LOT 11 0 680340 Feet Rev. 11/08/16 1 NOTICE OF RIGHTS As required by Sections 120.569 and 120.60(3), Fla. Stat., the following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all of the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South Florida Water Management District’s (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a SFWMD decision which affects or may affect their substantial interests shall file a petition for hearing with the Office of the District Clerk of the SFWMD, in accordance with the filing instructions set forth herein, within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: (1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or (2) within 14 days of service of an Administrative Order pursuant to Section 373.119(1), Fla. Stat. "Receipt of written notice of agency decision" means receipt of written notice through mail, electronic mail, or posting that the SFWMD has or intends to take final agency action, or publication of notice that the SFWMD has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. If the District takes final agency action which materially differs from the noticed intended agency decision, persons who may be substantially affected shall, unless otherwise provided by law, have an additional Rule 28-106.111, Fla. Admin. Code, point of entry. Any person to whom an emergency order is directed pursuant to Section 373.119(2), Fla. Stat., shall comply therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible. A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. A timely request for an extension of time shall toll the running of the time period for filing a petition until the request is acted upon. FILING INSTRUCTIONS A petition for administrative hearing must be filed with the Office of the District Clerk of the SFWMD. Filings with the Office of the District Clerk may be made by mail, hand-delivery, or e-mail. Filings by facsimile will not be accepted. A petition for administrative hearing or other document is deemed filed upon receipt during normal business hours by the Office of the District Clerk at SFWMD headquarters in West Palm Beach, Florida. The District’s normal business hours are 8:00 a.m. – 5:00 p.m., excluding weekends and District holidays. Any document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows: • Filings by mail must be addressed to the Office of the District Clerk, 3301 Gun Club Road, West Palm Beach, Florida 33406. Rev. 11/08/16 2 • Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. It will be necessary to request that the SFWMD's security officer contact the Office of the District Clerk. An employee of the SFWMD's Clerk's office will receive and file the petition. • Filings by e-mail must be transmitted to the Office of the District Clerk at clerk@sfwmd.gov. The filing date for a document transmitted by electronic mail shall be the date the Office of the District Clerk receives the complete document. A party who files a document by e-mail shall (1) represent that the original physically signed document will be retained by that party for the duration of the proceeding and of any subsequent appeal or subsequent proceeding in that cause and that the party shall produce it upon the request of other parties; and (2) be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed. INITIATION OF AN ADMINISTRATIVE HEARING Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Fla. Stat., and Rules 28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 8 1/2 by 11 inch white paper. All petitions shall contain: 1. Identification of the action being contested, including the permit number, application number, SFWMD file number or any other SFWMD identification number, if known. 2. The name, address, any email address, any facsimile number, and telephone number of the petitioner and petitioner’s representative, if any. 3. An explanation of how the petitioner’s substantial interests will be affected by the agency determination. 4. A statement of when and how the petitioner received notice of the SFWMD’s decision. 5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD’s proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD’s proposed action. 8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD’s proposed action. MEDIATION The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28-106.111 and 28-106.401–.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Section 120.68, Fla. Stat., and in accordance with Florida Rule of Appellate Procedure 9.110, a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal with the Office of the District Clerk of the SFWMD in accordance with the filing instructions set forth herein within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice with the clerk of the appropriate district court of appeal.