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HomeMy WebLinkAboutCertification For Stormwater DischargeForin #657 Rev. IM9 SOUTH FLORIDA WATER MANAGEMENT DISTRICT MODIFICATION. OF SURFACE WATER MANAGEMENT PERMIT NO. 56-00599-5 CERTIFICATION FOR STORMWATER DISCHARGE DATE ISSUED: • December 14,, 1989 ISSUED TO: Jim Russakis and Vernon Smith (King's Highway Industrial Park/Unit two) .P.O. Box 370 Ft'. -Pierce, Florida 34954 LOCATION: ST. LUCIE COUNTY, SECTION 35 TWP. fir. RGE. 3917, ORIGINAL PERMIT AUTHORIZATION: CONSTRUCTION AND OPERATION OF A 17ATER P4ANAGMIENT SYSTEM SERVING 50.1 ACRES OF INDUSTRIAL LAND DIS- CHARGING INTO FT. PIERCE FARMS 17ATER MANAGEMENT DISTRICT CANAL NORTH. APPROVED MODIFICATION: CONSTRUCTION AND OPERATION OF A TATER MANAGEMENT SYSTEM SERVING 52.9 ACRES OF INDUSTRIAL LAND DIS- CHARGING INTO FT. PIERCE FARMS WATER MANAGEMENT DISTRICT CANAL NO. 21. This Permit Modification is approved pursuant to a request dated June29 19 U-) . Permittee agrees to hold and save the South Florida Water Management District and its successorsTTess r om any.and all damages, claims or liabilities which may arise by reason of the construction, operation, maintenance or use of any work or structure involved in the Permit. The original Permit, including all plans and specifications attached thereto, as addressed by the staff report and those addressed by the Modification Staff Report are by reference made a part hereof. All specifications and special and Limiting Conditions attendant to the original Permit, unless specifically recinded by this or previous Modifications., remain in effect. SPECIAL CONDITIONS: SEE SHEEN' 2 OF 4 - 12 LIMITING CONDITIONS. SEE SHEETS 3 AND 4 OF 4 - 17 SPECIAL CONDITIONS. ORIGINAL PERMIT ISSUED: August 5, 1986 PERMIT MODIFICATION APPROVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FILED WITH -THE CLERK OFTHE SOUTH FLORIDA WATER MANAGEMENT DISTRICT •° BY ern alser DEPUTY CLERK ORlalyw. ANTHONY M. WATERHOUSE, P.E., DEPUTY DIRECTOR • WATER MANAGEMENT DIVISION RESOURCE CONTROL DEPARTMENT SHEET 1 OF 4 SCANNED MODIFICATION OF _ PERMIT NO. 56-00599-S SHEET 2 OF 4 LIMITING CONDITIONS 1. THE PERNITTEE SHALL PROSECUTE THE WORK AUTHORIZED IN A MANNER $O AS TO MINIMIZE MAT ADVERSE IMPACT OF THE WORKS ON FISH, WILDLIFE, NATURAL ENVIRONMENTAL VALUES, AND WATER QUALITY. THE PERMITTEE SHALL INSTITUTE NECESSARY NEASURES.DURING THE CONSTRUCTION PERIOD, INCLUDING FULL COMPACTION OF ANY FILL MATERIAL PLACED AROUND NEWLY, INSTALLED STRUCTURES, TO REDUCE EROSION, TURBIDITY, NUTRIENT LOADING AND SEDIMENTATION IN THE'RECEIVING WATERS. 2. WATER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PERNITTEE'S PROPERTY OR INTO SURFACE WATERS OF THE STATE SHALL BE SUBMITTED TO THE DISTRICT AS REQUIRED. PARAMETERS TO BE MONITORED MAY INCLUDE THOSE LISTED IN CHAPTER 17-3. IF WATER QUALITY DATA IS REQUIRED, THE PERMITTEE SHALL PROVIDE DATA AS REQUIRED, ON VOLUMES OF WATER DISCHARGED, INCLUDING TOTAL VOLUME DISCHARGED DURING THE DAYS OF SAMPLING AND TOTAL MONTHLY DISCHARGES FORM THE PROPERTY OR INTO THE SURFACE WATERS OF THE STATE. 3. THE PERNITTEE SHALL COMPLY WITH ALL APPLICABLE LOCAL SUBDIVISION REGULATIONS AND OTHER LOCAL REQUIREMENTS. IN ADDITION, THE PERMITTEE SHALL OBTAIN ALL NECESSARY FEDERAL, STATE, LOCAL AND SPECIAL DISTRICT AUTHORIZATIONS PRIOR TO THE START OF ANY CONSTRUCTION OR ALTERATION OW WORKS AUTHORIZED BY THIS PERMIT. 4. THE OPERATION PHASE OF THIS PERMIT SMALL NOT BECOME EFFECTIVE UNTIL A FLORIDA REGISTERED PROFESSIONAL ENGINEER CERTIFIES THAT ALL FACILITIES HAVE BEEN CONSTRUCTED IN ACCORDANCE WITH THE DESIGN APPROVED BY THE DISTRICT. WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE SURFACE WATER MANAGEMENT SYSTEM, THE PERNITTEE SHALL SUBMIT THE CERTIFICATION AND NOTIFY THE DISTRICT THAT THE FACILITIES ARE READY FOR INSPECTION AND'APPROVAL.. UPON APPROVAL OF THE COMPLETED SURFACE WATER MANAGEMENT SYSTEM, THE PERNITTEE SHALL REQUEST TRANSFER OF THE PERMIT TO THE RESPONSIBLE ENTITY APPROVED BY THE DISTRICT. 5. ALL ROADS SHALL BE SET AT OR ABOVE ELEVATIONS REQUIRED BY THE APPLICABLE LOCAL GOVERNMENT FLOOD CRITERIA. 6. ALL BUILDINGS FLOORS SHALL BE SET AT OR ABOVE ELEVATIONS ACCEPTABLE TO THE APPLICABLE LOCAL GOVERNMENT. 7. OFF -SITE DISCHARGES DURING CONSTRUCTION AND DEVELOPMENT SHALL BE MADE ONLY THROUGH THE FACILITIES AUTHORIZED BY THIS PERMIT. NO ROADWAY OR BUILDING CONSTRUCTION SHALL COMMENCE ON -SITE UNTIL COMPLETION OF THE PERMITTED DISCHARGE STRUCTURE AND DETENTION AREAS. WATER DISCHARGED FROM THE PROJECT SHALL BE THROUGH STRUCTURES HAVING A MECHANISM SU17ABLE FOR REGULATING UPSTREAM WATER STAGES. STAGES MAY BE SUBJECT TO OPERATING SCHEDULES SATISFACTORY TO THE DISTRICT. B. NO CONSTRUCTION AUTHORIZED HEREIN SHALL COMMENCE UNTIL A RESPONSIBLE ENTITY ACCEPTABLE TO THE DISTRICT HAS BEEN ESTABLISHED AND HAS AGREED TO OPERATE AND MAINTAIN THE SYSTEM. THE ENTITY MUST BE PROVIDED WITH SUFFICIENT OWNERSHIP SO THAT IT HAS CONTROL OVER ALL WATER MANAGEMENT FACILITIES AUTHORIZED HEREIN. UPON RECEIPT OF WRITTEN EVIDENCE OF THE SATISFACTION OF THIS CONDITION, THE DISTRICT WILL ISSUE AN AUTHORIZATION TO COMMENCE CONSTRUCTION. 4. THE PERMIT DOES NOT CONVEY TO THE PERMITTEE ANY PROPERTY RIGHT NOR ANY RIGHTS OR PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAPTER 40E-4, FAC. 10. THE PERNITTEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM AIR AND ALL DAMAGES, CLAIMS, OR LIABILITIES WHICH ANY ARISE BY REASON OF THE CONSTRUCTION, OPERATION, MAINTENANCE OR USE OF ANY FACILITY AUTHORIZED BY THE PERMIT. 11. THIS PERMIT IS ISSUED BASED ON THE APPLICANTS SUBMITTED INFORMATION WHICH REASONABLY DEMONSTRATES THAT ADVERSE OFF -SITE WATER RESOURCE RELATED IMPACTS WILL NOT BE CAUSED BY THE COMPLETED PERMIT ACTIVITY. IT IS ALSO THE RESPONSIBILITY OF THE PERNITTEE TO INSURE THAT ADVERSE OFF -SITE WATER RESOURCE RELATED IMPACTS 00 NOT OCCUR DURING CONSTRUCTION. 12. PRIOR TO DEWATERING, PLANS SHALL BE SUBMITTED TO THE DISTRICT FOR APPROVAL. INFORMATION SHALL INCLUDE AS A MINIMUM: PUMP SIZES, LOCATIONS AND HOURS OR OPERATION FOR EACH PUMP. IF OFF -SITE DISCHARGE US PROPOSED, OR OFF -SITE ADVERSE IMPACTS ARE EVIDENT, AN INDIVIDUAL WATER USE PERMIT MAY BE REQUIRED. THE PERNITTEE IS CAUTIONED THAT SEVERAL MOUTHS MAY BE REQUIRED FOR CONSIDERATION OF THE WATER USE PERMIT APPLICATION. SCANNED MODIFICATION OF ' PERMIT NO.: 56-00599-S SHEET 3 OF 4 � SP_ECIAI._CONDITIQNS 1. MINIMUM BUILDING FLOOR EL'EVATION:.18J.5 FEET NGVD. 17.0 NAVD 2. MINIMUM ROAD CROWN ELEVATION::17�.0 FEET NGVD. 3. -DISCHARGE FACILITIES: DESCRIPTION: 1-1.5' WIDE WEIR WITH A CREST AT ELEVATION 15.2 FEET NGVD, 1- 2.2' WIDE; BY 1.2' HIGH TRIANGULAR ORIFICE WITH AN INVERT AT 14:0 FEET NGVD, A 30" DIAMETER CMP CULVERT AND AN OUTFALL DITCH. RECEIVING WATER: FT. PIERCE FARMS WATER MANAGEMENT DISTRICT CANAL NO. 21. CONTROL ELEVATION: 4.;0 FEET NGVD 4. THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY WATER QUALITY, EROSION, OR SHOALING 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 PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER. 6. THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM. 7. THE DISTRICT RESERVES THE RIGHT TO REQUIRE THAT WATER QUALITY TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH MEASURES ARE SHOWN TO BE NECESSARY. 8. OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF THE KING'S HIGHWAY COMMERCE PARK PROPERTY OWNERS ASSOCIATION. 9. THE FOLLOWING PARAMETERS HAVE BEEN USED IN THE DESIGN OF THE SURFACE WATER MANAGEMENT SYSTEM. THE PROPOSED SITE GRADING IS FROM ELEVATION .13.5' NGVD TO ELEVATION I_$-.J' NGVD. THE PERIMETER ELEVATION SHOULD BE AT OR ABOVE ELEVATION I.? FEET NGVD- THE PERCENT IMPERVIOUS EXCLUDING WATER MANAGEMENT AREA IS 7-Q PERCENT. 10. THE PERMITTEE SHALL PROVIDE TO THIS DISTRICT DOCUMENTATION OF FT. PIERCE FARMS WATER MANAGEMENT DISTRICT APPROVAL PRIOR TO THE COMMENCEMENT OF -CONSTRUCTION. 11. LAKE SIDE SLOPES SHALL BE 4:1 (HORIZONTAL: VERTICAL) TO A DEPTH OF TWO FEET BELOW THE CONTROL ELEVATION. SIDE SLOPES SHALL BE NURTURED OR PLANTED FROM 2 FEET BELOW TO 1 FOOT ABOVE CONTROL ELEVATION TO INSURE VEGETATIVE GROWTH. 12. PRIOR -TO -THE -COMMENCEMENT OF CONSTRUCTION OF FUTURE PHASES, PAVING, GRADING, AND DRAINAGE PLANS SHALL BE SUBMITTED TO THE DISTRICT FOR'REVIEW AND APPROVAL. SCANNED MODIFICATION OF PERMIT NO.: 56-00599-S SHEET 4 OF 4 .SPECIAL CONDITIONS (CONTINUED) 13. PRIOR TO THE INITIATION OF ANY WITHDRAWAL OF WATER (IRRIGATION, DEWATERING, PUBLIC WATER SUPPLY, ETC.), IT WILL BE NECESSARY TO APPLY FOR A WATER USE PERMIT. THE PERMITTEE IS CAUTIONED THAT A MINIMUM OF 90 DAYS IS REQUIRED FOR CONSIDERATION OF THE WATER USE PERMIT APPLICATION. THE PERMITTEE IS CAUTIONED THAT THE ISSUANCE OF A SURFACE WATER MANAGEMENT PERMIT SHALL NOT BE CONSTRUED TO BE A GUARANTEE THAT WATER WILL BE AVAILABLE. 14. WATER QUALITY SAMPLES SHALL BE TAKEN AT THE DISCHARGE LOCATION OF THE WATER MANAGEMENT SYSTEM DURING PERIODS OF DISCHARGE. FLOW SHALL BE MEASURED AT THE TIME OF SAMPLE COLLECTION AND THE SURFACE ELEVATION OF THE WATER BODY SHALL BE PROVIDED. A LABORATORY CERTIFIED BY THE STATE OF FLORIDA SHALL BE RESPONSIBLE FOR ALL WATER QUALITY SAMPLING AND ANALYSES. REPORTS SHALL BE SUBMITTED TO THIS DISTRICT ON A SEMI-ANNUAL BASIS. INITIAL SAMPLING RESULTS SHALL BE REPORTED TO THE DISTRICT NO LATER THAN SIX MONTHS FOLLOWING THE ISSUANCE OF A CONSTRUCTION PERMIT. MONITORING REQUIREMENTS WILL BE EVALUATED BY THIS DISTRICT FOLLOWING TWO YEARS OF DATA COLLECTION. MONITORING PARAMETERS TYPE AND SCHEDULE 1. GENERAL TOTAL ORGANIC CARBON, DISSOLVED OXYGEN, pH, (BI-MONTHLY) TURBIDITY, SPECIFIC CONDUCTANCE, CHEMICAL OXYGEN DEMAND AND ALKALINITY. 2. ORGANICS TRICHLOROETHYLENE, TETRACHLOROETHYLENE, CARBON (SEMI-ANNUAL) TETRACHLORIDE, VINYL CHLORIDE, 1,1,1-TRICHLOROETHANE, 1,2-DICHLOROETHANE, BENZENE, ETHYLENE DIBROMIDE. 3. METALS ALUMINIUM, ANTIMONY, BERYLLIUM, CADMIUM, COPPER, (SEMI-ANNUAL) CYANIDE, IRON, LEAD, MERCURY, NICKEL, SELENIUM, SILVER AND ZINC. 15. PRIOR TO CONSTRUCTION THE PERMITTEE SHALL SUBMIT DEED RESTRICTIONS FOR THE ENTITY RESPONSIBLE FOR OPERATION AND MAINTENANCE OF THE SURFACE WATER MANAGEMENT SYSTEM. THIS DOCUMENT SHALL CONTAIN THE INFORMATION CITED IN SPECIAL CONDITION NO. 13 OF THE CONCEPTUAL APPROVAL, TO NOTIFY INDIVIDUAL PARCEL OWNERS THAT WATER QUALITY MONITORING WILL BE REQUIRED. 16. THE DEED RESTRICTIONS SHALL STATE THAT, INDIVIDUAL LOTS, INCLUDING UTILITY AND DRAINAGE EASEMENTS, ARE TO BE DEVELOPED AT 707o IMPERVIOUS SURFACE AREA. MORE THAN 707o IMPERVIOUS SURFACE AREA WILL REQUIRE ADDITIONAL ON -SITE RETENTION/DETENTION. 17. THE PERMITTEE SHALL FILE DEED RESTRICTIONS IN THE OFFICIAL RECORDS OF ST. LUCIE COUNTY, REQUIRING THAT INDIVIDUAL DRAINAGE FACILITIES DEVELOPED BY OWNERS OF LOTS, WITHIN THE AREA COVERED BY THIS PERMIT, SHALL CONFORM TO THE MASTER DRAINAGE PLAN APPROVED HEREIN AND MUST BE APPROVED BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT. PROOF OF RECORDATION MUST BE SUBMITTED - TO DISTRICT STAFF PRIOR TO CONSTRUCTION. SCANNED '%Protecting South,Fiorida' Water Resources for 40 Years-: w �oz South • •Water District P.O. Box 24680 • W01 Gun Club Road • West Palm Beach. FL 33416-4680 • (407) 686-8800 • FL WATS 1.800-432-2045 November 21, 1989 Jim G. Russakis and Vernon Smith P.O. Box 370 Ft. Pierce, Fl. 34954 Dear Sirs: Subject: Application No. 890629-5, Kings Highway Industrial Park, St. Lucie County, S35/T34S/R39E Enclosed is a copy of this District's staff report covering the permit application referenced therein. It is requested that you read this staff report thoroughly and understand its contents. The recommendations as stated in the staff report will be presented to our Governing Board for consideration on December 14, 1989. Should you object to the staff recommendation, please refer 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. You are advised, however, to be prepared to defend your position regarding the permit application when it is considered by the Governing Board for final agency action, even if you agree with the staff recommendation, as the Governing Board may take final agency action which differs materially from the proposed agency action. Please contact the District if you have any questions concerning this matter. If we do not hear from you prior to the date on the "Notice of Rights", we will assume you concur with our recommendations. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a "Notice of Rights", has been mailed to the addressee and the persons listed in the attached distribution list not later than 5:00 p.m. this 21st day of November 1989, in accordance with Section 120.60 (3), Florida Statutes. Sincerely, �- u Jeann Hall Direct r Re ula ion Department 9 p CERTIFIED MAIL # 297 879 333 RETURN RECEIPT REQUESTED JH:pb Governing Board.. James F. Garner, Chairman - Fort Myers 'Arsenio Milian - Miami Ken Adams - West Palm Beach John R Wodraska. Executive Director Doran A. Jason, Vice Chairman - Key Biscayne Fritz Stein - Belle Glade Valerie Boyd - Naples Tilford C. Creel, Deputy Executive Director J.D. York - Palm City Mike Stout - Windermere James E. Nall - Fort Lauderdale Thomas K.MacVicar,Deputy Executive Director SCANNED ®FORM 0300 Rev, 11/88 South Florida Water Management District NOTICE OF RIGHTS This Notice of Rights Is Intended to inform the recipient of the administrative and judicial review which may be available as mandated by section 120.60(3), Florida Statutes. Be advised that although this notice is intended to be comprehensive, the review procedures set forth herein have been the subjectof judicial construction and interpretation which may affect the administrative of judicial review available. Recipients are therefore advised to become familiar with Chapters 120 and 373, Florida Statutes, and the judicial interpretation of the provisions of these chapters. 1. If a substantially affected person objects to the staffs recommendation, that person has the right to request an administrative hearing on the proposed agency action. The substantially affected person may request either a formal or an informal hearing, as set forth below. Failure to comply with the prescribed time periods shall constitute a waiver of the right to a hearing. 1 2. If the substantially affected person believes that a genuine issue of material fact is in dispute, that person mwe�qu yt a formal hearing pursuant to section 120.57(1), Florida Statutes, by filing a petition for hearing not later than ece e , 1989. The request for a 120.57(1) formal hearing must comply with the requirements of rule 40E-1,521 Florida Administrative Code, a copy of which is attached. Petitions are deemed filed upon receipt by the District. Failure to substantially comply with the provisions of rule 40E-1.521 Florida Administrative Code shall constitute a waiver of the right to a 120.57(1) hearing. 3. If a substantially affected person believes that no Issues of material fact are in dispute, that person ma request an i formal hearing pursuant to section 120.57(2), Florida Statutes, by filing a petition for hearing not later then - 5 ecember , 1989. A request for informal hearing shall be considered as a waiver of the rightto request a formal section 120.57(1) hearing. A request for a section 120.57(1) formal hearing not in substantial compliance with the provisions of rule 40E-1.521 Florida Administrative Code, may be considered by the District as a request for informal hearing. 4. Pursuant to section 373.114, Florida Statutes, a partyto the proceeding below may seek review of a Final Order rendered on the permit application before the Land and Water Adjudicatory Commission, as provided therein. Review under this section is Initiated by filing a request for review with the Land and Water Adjudicatory Commission and serving a copy on the Department of Environmental Regulation and any person named in the Order within 20 days after rendering of the District's Order. However, when the order to be reviewed has statewide or regional significance, as determined by the Land and Water AdjudicatoryCommission within 80 days after receipt of a request for review, the commission may accept a request for review from any affected person within 30 days after the rendering of the order. Review under section 373.114, Florida Statutes, is limited solely to a determination of consistency with the provisions and purposes of Chapter 373, Florida Statutes. This review is appellate in nature and limited to the record below. S. A party who is adversely affected by final agency action on the permit application is entitled to judicial review in the District Court of Appeal pursuant to section 120.68. Florida Statutes, as provided therein. Review under section 120.68, Florida Statutes in the District Court of Appeal is Initiated by filing a petition in the appropriate District Court of Appeal in accordance with Florida rule of appellate Procedure 9.110. The Notice of Appeal must be filed within 30 days of the final agency action. 6. Section 373.817(2), Florida Statutes, provides: Any person substantially affected by a final action of any agency with respect to a permit may seek review within 90 days of the rendering of such decision and request monetary damages and other relief in the circuit court in the judicial circuit in which the affected property is located; however, circuit court review shall be confined solely to determining whether final agency action is an unreasonable exercise of the state's police power constituting a taking without just compensation. Review of final agency action for the purpose of determining whether the action is In accordance with existing statutes or rules and based on component substantial evidence shall proceed in accordance with Chapter 120. 7. Please be advised that exhaustion of administrative remedies is generally a prerequisite to appeal to the District Court of Appeal, or the seeking of Circuit Court review of final agency action by the District on the permit application. There are, however, exceptions to the exhaustion requirement. The applicant is advised to consuituhe case law as to the requirements of exhaustion exceptions. 40E-1.521 Initiation of Formal Proceedings. (1) Initiation of formal proceedings shall be:made by petition to the District. The tense petition as used herein includes any application or other documentwhich expresses a request for formal proceedings. Each petition should be printed, typewritten or otherwise duplicated in legible form on white paper or standard legal size. Unless printed, the Impression shall be on one side of the paper only and lines shall be double-spaced and Indented. (2) All petitions filed under these rules shall contain: (a) The name and address of the District and the District's file or Identification number, )f known; (b) The name and address of the petitioner or petitioners; (c) An explanation of how each petitioners substantial Interests will be affected by the District's determination; (d) A statement of when and how petitioner received notice of the District's decision or intent to render a decision; (e) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (f) A concise statement of the ultimate facts which petitioner believes entitle petitioner to the relief sought as well as the rules and statutes which support petitloner's cialm for relief, (g). A demand for the relief to which the petitioner deems himself entitled; and (h) Other information which the petitioner contends is material. (3) Upon receipt of a petition for formal proceedings, the District shall review the petition for the degree of compliance with subsection (2) and shall accept those petitions in substantial compliance therewith which have been timely filed and which state a dispute which is within the jurisdiction of the District to resolve. If accepted, the District shall designate the presiding officer. The District shall promptly give written notice to all parties of the action taken on the petition, and shall state with particularity its reasons therefor. (4) If the District designates a Hearing Officer assigned by the Division of Administrative Hearings as the presiding officer, the District Clerk shall forward the petition and all materials filed with the District to the Division of Administrative Hearings, and shall notify all parties of its action. Specific Authority 373.044, 373.113 F.S. Law Implemented 120.53(1), 120.57 F.S. History — New 9-3-61. Formerly 18K-1.09(1), 16K-1.112(1) through (3),16K-1.12