HomeMy WebLinkAboutAgenda Packet 07.16.2024MOSQUITO CONTROL DISTRICT
AGENDA
ST. LUCIE COUNTY
Regular Meeting
Tuesday, July 16, 2024
1:01 PM
St. Lucie County Commission Chambers
2300 Virginia Avenue
3rd Floor of Roger Poitras Building
Fort Pierce, FL 34982
BOARD MEMBERS
District No. 2, Chair
LARRY LEET
District No. 3, Vice-Chair
LINDA BARTZ
District No. 1
CHRIS DZADOVSKY
District No. 4
JAMIE FOWLER
District No. 5
CATHY TOWNSEND
Mission Statement
St. Lucie Works to deliver superior service that enhances our quality of life
*Final on 7/11
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Regular Meeting Tuesday, July 16, 2024 1:01 PM
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WELCOME
All meetings are televised.
All meetings provided with wireless internet access for public convenience.
Please turn off all cell phones and pagers prior to entering the commission chambers.
Please mute the volume on all laptops and PDAs while in use in the commission chambers.
GENERAL RULES AND PROCEDURES – Attached is the agenda, which will determine the order of business conducted at today’s Board
meeting.
INVOCATION-PLEDGE – To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the
Pledge of Allegiance. Participation is voluntary.
CONSENT AGENDA – These items are considered routine and are enacted by one motion. There will be no separate discussion of
these items unless a Commissioner so requests.
REGULAR AGENDA – Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will
discuss individually, usually in the order listed on the agenda.
PUBLIC HEARINGS – These items are usually heard on the first Tuesdays at 6 p.m. or as soon thereafter as possible. However, if a
public hearing is scheduled for a meeting on the third Tuesday, which begins at 9 a.m., then public hearings will be heard at 9
a.m. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior
to the listed time. The Chair will open each public hearing and asks anyone wishing to speak to come forward, one at a time.
Comments will be limited to five minutes, and must be pertinent to the agenda item being considered by the Board.
As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order
of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the
Chair will ask for public comment, (4) further discussion and action by the Board.
ADDRESSING THE COMMISSION – Please state your name and address, speaking clearly into the microphone. If you have backup
material, please have eight copies ready for distribution.
NON-AGENDA ITEMS – These items are presented by an individual Commissioner or staff as necessary at the conclusion of the
printed agenda.
PUBLIC COMMENT – Time is allotted at the beginning of each meeting for general public comment. Please limit comments to three
minutes. Comments may pertain to any matter related to the Board’s duties as the County’s governing body. Comments in support
or opposition to candidates for public office are not pertinent to the Board’s duties. This includes any speaker identifying himself or
herself as a candidate for public office.
DECORUM – Please be respectful of others’ opinions.
MEETINGS – All Board meetings are open to the public and are held on the first Tuesdays of each month at 6 p.m. and on the third
Tuesdays at 9 a.m., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras
Administration Annex at 2300 Virginia Ave., Fort Pierce, Fla. 34982. The Board schedules additional workshops throughout the year
necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring
accommodation to attend this meeting should contact the St. Lucie County Human Resources Department at 772-462-1456,
HumanResources@stlucieco.org or TDD 772-462-1428 at least 48 hours prior to the meeting.
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Regular Meeting Tuesday, July 16, 2024 1:01 PM
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1.CALL TO ORDER
2.GENERAL PUBLIC COMMENT
3.APPROVAL OF MINUTES
A.Board of County Commissioners minutes for the Mosquito Control District Meeting of June 4,
2024.
4.CONSENT AGENDA
A.WARRANTS
1.Warrant Lists 35 - 40
B.MOSQUITO CONTROL
1.Award of Bid No. 24-068 - Emergency Debris Removal and Dike Repair
Staff recommends Board approval to award Bid No. 24-068, Emergency Debris Removal and
Dike Repair to Environmental Land Development, Inc., of Ft. Pierce and TSI Disaster Recovery
of Melbourne, and authorization for the Chair to sign the contracts as approved by the
County Attorney.
2.Bear Point Mitigation Bank Credit Purchase Agreement - Jonathan's Landing Golf Course
Renovation
Staff recommends the Board approve the Bear Point Mitigation Bank Credit Purchase
Agreement to complete the sale of mitigation bank credits and process the payment in the
amount of $54,000.00 and authorize the Chair to sign the documents as prepared by the
County Attorney.
5.REGULAR AGENDA
There are no items scheuduled.
6.MOTION TO ADJOURN
Page 3 of 39
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Mosquito Control District Meeting
June 4, 2024 Convened: 6:03 PM Adjourned: 6:04 PM
1. CALL TO ORDER
The meeting was called to order at 6:03 PM by Chair Larry Leet, District No. 2.
Present
Commissioner Cathy Townsend District 5, Commissioner Linda Bartz District 3, Commissioner Chris
Dzadovsky District 1, Commissioner Larry Leet District 2, Commissioner Jamie Fowler District 4
Also Present
Dan McIntyre, County Attorney
George Landry, County Administrator
Mayte Santamaria, Deputy County Administrator
Jason Davis, Deputy County Administrator
Katherine Barbieri, Asst. County Attorney
Courtney Calderone, Government Relations Division Director
Kori Benton, Planning & Development Services Planning Manager
Thad Crowe, Planning & Development Services Senior Planner
Irene Szedlmayer, Planning & Development Services Planning Senior Planner
Patrick Dayan, Public Works Director
Jennifer Hance, Community Services Director
Matt Baum, Parks, Recreation & Facilities Director
Katrina Slay, Agenda Coordinator
Vera Smith, Deputy Clerk Recording Secretary
2. GENERAL PUBLIC COMMENT
Chair Leet opened the meeting for public comment at this time. With no one wishing to address the
Board, Chair Leet closed public comment.
3. APPROVAL OF MINUTES
A motion was made to approve all minute sets, and it passed unanimously.
RESULT: APPROVE
MOVER: Commissioner District 3 Linda Bartz
SECONDER: Commissioner District 4 Jamie Fowler
AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler
NAYS: None
Page 4 of 39
Mosquito Control District Meeting Tuesday, June 4, 2024 6:00 PM
2 | Page
EXCUSED: None
A. Board of County Commissioners minutes for the Mosquito Control District Meeting of May 21,
2024.
4. CONSENT AGENDA
A motion was made to adopt the consent agenda, and it passed unanimously.
RESULT: APPROVE
MOVER: Commissioner District 4 Jamie Fowler
SECONDER: Commissioner District 3 Linda Bartz
AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler
NAYS: None
EXCUSED: None
A. WARRANTS
1. Warrant Lists 33 - 34
Adopted by Consent Vote
5. REGULAR AGENDA
There were no items scheduled.
6. MOTION TO ADJOURN
With no other information to be brought for consideration before the Board, the meeting was
adjourned at 6:04 PM.
Please note: Final minutes are recorded in the official minute books filed with the Clerk of the
Circuit Court and available for inspection upon request.
Page 5 of 39
05/31/24 ST. LUCIE COUNTY - BOARD PAGE 1
FZABWARR WARRANT LIST #35- 25-MAY-2024 TO 31-MAY-2024
FUND SUMMARY- MOSQUITO
FUND TITLE EXPENSES PAYROLL
145 Mosquito Fund 77,402.41 0.00
GRAND TOTAL: 77,402.41 0.00
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06/07/24 ST. LUCIE COUNTY - BOARD PAGE 1
FZABWARR WARRANT LIST #36- 01-JUN-2024 TO 07-JUN-2024
FUND SUMMARY- MOSQUITO
FUND TITLE EXPENSES PAYROLL
145 Mosquito Fund 61,287.87 70,099.88
147 Bear Point Mitigation Fund 192.00 158.45
GRAND TOTAL: 61,479.87 70,258.33
134 Page 7 of 39
06/14/24 ST. LUCIE COUNTY - BOARD PAGE 1
FZABWARR WARRANT LIST #37- 08-JUN-2024 TO 14-JUN-2024
FUND SUMMARY- MOSQUITO
FUND TITLE EXPENSES PAYROLL
145 Mosquito Fund 37,750.14 396.81
GRAND TOTAL: 37,750.14 396.81
104 Page 8 of 39
06/21/24 ST. LUCIE COUNTY - BOARD PAGE 1
FZABWARR WARRANT LIST #38- 15-JUN-2024 TO 21-JUN-2024
FUND SUMMARY- MOSQUITO
FUND TITLE EXPENSES PAYROLL
145 Mosquito Fund 39,145.42 69,863.25
147 Bear Point Mitigation Fund 2,012.50 0.00
GRAND TOTAL: 41,157.92 69,863.25
Page 9 of 39
06/28/24 ST. LUCIE COUNTY - BOARD PAGE 1
FZABWARR WARRANT LIST #39- 22-JUN-2024 TO 28-JUN-2024
FUND SUMMARY- MOSQUITO
FUND TITLE EXPENSES PAYROLL
145 Mosquito Fund 31,735.15 0.00
GRAND TOTAL: 31,735.15 0.00
Page 10 of 39
07/03/24 ST. LUCIE COUNTY - BOARD PAGE 1
FZABWARR WARRANT LIST #40- 29-JUN-2024 TO 03-JUL-2024
FUND SUMMARY- MOSQUITO
FUND TITLE EXPENSES PAYROLL
145 Mosquito Fund 7,610.48 66,584.23
GRAND TOTAL: 7,610.48 66,584.23
Page 11 of 39
ITEM NO. (ID # 2024-34322)
DATE: 7/16/2024
AGENDA REQUEST
TO: Mosquito Control District
PRESENTED BY: Roger Jacobsen, Mosquito Control Director
SUBMITTED BY: Mosquito Control
SUBJECT: Award of Bid No. 24-068 - Emergency Debris Removal and Dike Repair
BACKGROUND:
On June 12, 2024, submittals for Bid No. 24-068, Emergency Debris Removal and dike Repair, were
opened. Two submittals were received, 750 companies were notified and 37 documents were distributed.
The purpose of this bid is to establish pricing contracts for emergency debris removal on Mosquito Control
dikes based on linear feet of dike cleared, material quantity removed/recycled, type of debris being
removed/relocated (plant of mineral), and/or duration of removal process.
The bid will also include pricing for emergency dike repair based on linear feet for repairs, material quantities
employed (fill, roadbase/coquina, sheetpile, geotextile), type of repairs being accomplished, and duration for
the removal process.
Awarded contractors will be required to provide all documentation demonstrating compliance with Federal
Emergency Management Agency (FEMA) requirements. Provide all FEMA required reporting including but not
limited to GPS coordinates showing start and stop points for repaired areas.
These contractors will be utilized by the Mosquito Control District for emergency events on an as-needed
basis. the term of the contracts will be for a period of two years, with two, one-year renewals.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
Sufficient funding will be made available on an as-needed basis.
RECOMMENDATION:
Staff recommends Board approval to award Bid No. 24-068, Emergency Debris Removal and Dike Repair to
Environmental Land Development, Inc., of Ft. Pierce and TSI Disaster Recovery of Melbourne, and
authorization for the Chair to sign the contracts as approved by the County Attorney.
COMMISSION ACTION:
Page 12 of 39
RESULT:
MOVER: None
SECONDER: None
AYES: None
NAYS: None
EXCUSED: None
Coordination/Signatures
Date: June 28, 2024
Roger Jacobsen, Mosquito Control Director
Date: June 28, 2024
Jennifer Hill, Office of Management & Budget Director
Date: July 01, 2024
Daniel McIntyre, County Attorney
Date: July 10, 2024
Jason Davis, Deputy County Administrator I
Page 13 of 39
Page 14 of 39
Page 15 of 39
ITEM NO. (ID # 2024-34336)
DATE: 7/16/2024
AGENDA REQUEST
TO: Mosquito Control District
PRESENTED BY: Roger Jacobsen, Mosquito Control Director
SUBMITTED BY: Mosquito Control
SUBJECT: Bear Point Mitigation Bank Credit Purchase Agreement - Jonathan's Landing Golf
Course Renovation
BACKGROUND:
The Bear Point Mitigation Bank offers secure and beneficial environmental credits that help to improve the
health of the Indian River Lagoon. It is a 317-acre mangrove saltwater marsh located in St. Lucie County and
has operated successfully along the Lagoon near Fort Pierce since 2003. The bank, permitted by the Florida
Department of Environmental Protection and U.S. Army Corps of Engineers, sells Mangrove Forest credits that
are valued in terms of the ecological value of the Mitigation Bank. The funds collected are used to preserve
and maintain wetland habitat as a way of sustaining the ecological and hydrological functions of the Indian
River Lagoon. The primary service covers the barrier islands and mainland Indian River waterfront from the
Sebastian Inlet on the north to St. Lucie Inlet on the south. The purchase agreement outlines the sale of
mitigation bank credits required by ACOE and FDEP for the applicant to offset their development's estuarine
impact. Please see the included Bear Point Mitigation Bank Credit Purchase Agreement – Jonathan’s Landing
Golf Course Renovation.
PREVIOUS ACTION:
On January 25, 2024, Jonathan’s Landing Golf Course entered into a Reservation Agreement, Contract #C24-
01-071, with the County and paid the County a non-refundable reservation fee in the total amount of
$18,000.00 based upon twenty-five percent of the current price of the reserved Credits.
FINANCIAL IMPACT:
The developer, Jonathan’s Landing Golf Course, will pay St. Lucie County the sum of $54,000.00 for 0.4 State
credits. Upon receipt, this revenue will be posted into Revenue Account Number 147-0000-369960-000.
RECOMMENDATION:
Staff recommends the Board approve the Bear Point Mitigation Bank Credit Purchase Agreement to complete
the sale of mitigation bank credits and process the payment in the amount of $54,000.00 and authorize the
Chair to sign the documents as prepared by the County Attorney.
COMMISSION ACTION:
RESULT:
Page 16 of 39
MOVER: None
SECONDER: None
AYES: None
NAYS: None
EXCUSED: None
Coordination/Signatures
Date: June 28, 2024
Roger Jacobsen, Mosquito Control Director
Date: June 28, 2024
Rubi Dial, Assistant County Attorney II
Date: July 01, 2024
Daniel McIntyre, County Attorney
Date: July 01, 2024
Jason Davis, Deputy County Administrator I
Page 17 of 39
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MITIGATION BANK CREDIT PURCHASE AGREEMENT
THIS AGREEMENT made and entered into this ______ day of
_______________, ________, by and between ST. LUCIE COUNTY, a political
subdivision of the State of Florida, (“County”), whose address is 2300 Virginia
Avenue, Fort Pierce, Florida, 34982, and JONATHAN’S LANDING GOLF
COURSE, whose address is 16823 Captain Kirle Dr., Jupiter, FL 33477.
WITNESSETH:
WHEREAS, the County owns and operates the Bear Point Mitigation Bank,
(“Bank); and,
WHEREAS, the Buyer is the owner of certain property lying in the Bank’s
Mitigation Service Area (“Site”); and,
WHEREAS, the Buyer intends to develop the Site in a manner consistent with
all local, state, and federal regulations for a project to be known as Jonathan’s
Landing Golf Course Renovation Project (“Project”); and,
WHEREAS, on January 25, 2024, the parties entered into a Mitigation Bank
Credit Reservation Agreement (“Reservation Agreement”) pursuant to which the
Buyer paid a reservation fee of Eighteen Thousand and 00/100 dollars ($18,000.00)
to reserve 0.4 State Credits in the Bank to seek the necessary permits for the Project.
NOW, THEREFORE, in consideration of the mutual promises contained
herein, the parties agree as follows:
1. The County agrees to sell and the Buyer agrees to purchase 0.4 State
Credits in accordance with the permits for the Project. The purchase price for the
Credits is Seventy-Two Thousand and 00/100 dollars ($72,000.00) of which a balance
in the amount of Fifty-Four Thousand and 00/100 dollars ($54,000.00) remains due
and owing.
2. The Buyer shall pay the balance of the purchase price for the Credits to
the County in full within thirty (30) days of the date of this Agreement. Payment
shall be delivered to St. Lucie County. Upon payment in full of the purchase price,
the County shall issue a written receipt to the Buyers acknowledging such payment.
In the event the purchase price is not paid in full within thirty (30) days of the date
of this Agreement, this Agreement shall be null and void and the County shall make
Page 18 of 39
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the above-referenced Credits available to other parties.
3. It shall be the responsibility of the Buyer to provide the permitting
agencies with a copy of the receipt or other acceptable proof indicating purchase of
the Credits.
4. Any disputes relating to interpretation of the terms of this Agreement
or a question of fact or arising under this Agreement shall be resolved through good
faith efforts upon the part of the Buyer and the County. Any dispute which is not
resolved by mutual agreement shall be decided by the County Administrator who
shall reduce the decision to writing. The decision of the County Administrator shall
be final and conclusive unless determined by a court of competent jurisdiction to be
fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad
faith, or not be supported by substantial evidence.
5. Prior to initiating any litigation concerning this Agreement, the parties
agree to submit the disputed issue or issues to a mediator for non-binding mediation.
The parties shall agree on a mediator chosen from a list of certified mediators
available from the Clerk of Court for St. Lucie County. The fee of the mediator shall
be shared equally by the parties. To the extent allowed by law, the mediation process
shall be confidential and the results of the mediation or any testimony or argument
introduced at the mediation shall not be admissible as evidence in any subsequent
proceeding concerning the disputed issue.
6. This Agreement constitutes the entire agreement between the parties
with respect to the subject matter hereof and supersedes all prior verbal or written
agreements between the parties with respect thereto. This Agreement may only be
amended by written document, properly authorized, executed and delivered by both
parties hereto. This Agreement shall be interpreted as a whole unit. All
interpretations shall be governed by the laws of the State of Florida. In the event it
is necessary for either party to initiate legal action regarding this Agreement, venue
shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims
under state law and the Southern District of Florida for any claims which are
justiciable in federal court.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day first above written.
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WITNESSES: ST. LUCIE COUNTY, FLORIDA
_____________________________ BY:______________________________________
COUNTY COMMISSIONER
_____________________________
APPROVED AS TO FORM AND
CORRECTNESS:
__________________________________________
COUNTY ATTORNEY
WITNESSES: JONATHAN’S LANDING GOLF
COURSE
_____________________________ BY:______________________________________
_____________________________ NAME:__________________________________
TITLE:__________________________________
Page 20 of 39
South Florida Water Management District
Individual Environmental Resource Permit No. 50-108963-P
Date Issued: May 8, 2024
Permittee:Jl Property Owners Association, Inc
Jonathans Landing Golf Club, Inc
Project:
Jonathan's Landing Golf Course Renovations
Application No. 230519-38715
Location:Palm Beach County, See Exhibit 1
Your application for an Individual Environmental Resource Permit is approved.This action is taken based
on Chapter 373,Part IV,of Florida Statutes (F.S.)and the rules in Chapter 62-330,Florida Administrative
Code (F.A.C.).Unless otherwise stated,this permit constitutes certification of compliance with state water
quality standards under section 401 of the Clean Water Act,33 U.S.C.1341, and a finding of consistency
with the Florida Coastal Management Program. Please read this entire agency action thoroughly and
understand its contents.
This permit is subject to:
Not receiving a filed request for a Chapter 120, F.S., administrative hearing.
The attached General Conditions for Environmental Resource Permits.
The attached Special Conditions.
All referenced Exhibits.
All documents are available online through the District's ePermitting site at www.sfwmd.gov/ePermitting.
If you object to these conditions,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.
Please contact this office if you have any questions concerning this matter.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.
The District does not publish notices of action.If you wish to limit the time within which a person may
request an administrative hearing regarding this action,you are encouraged to publish,at your own
expense,a notice of agency action in the legal advertisement section of a newspaper of general circulation
in the county or counties where the activity will occur.Legal requirements and instructions for publishing a
notice of agency action,as well as a noticing format that can be used,are available upon request.If you
publish a notice of agency action,please send a copy of the affidavit of publication provided by the
newspaper to the District's West Palm Beach office for retention in this file.
If you have any questions regarding your permit or need any other information,please call us at
1-800-432-2045 or email epermits@sfwmd.gov.
Gary R. Priest, P.E.
Engineering Section Administrator, Environmental Resource Bureau
Page 21 of 39
Permittees:
Jl Property Owners Association, Inc
3755 Barrow Island Road
Jupiter, FL 33477
Jonathans Landing Golf Club, Inc
16823 Captain Kirle Drive
Jupiter, FL 33477
Permit No: 50-108963-P, Page 2 of 19
Page 22 of 39
South Florida Water Management District
Individual Environmental Resource Permit No. 50-108963-P
Date Issued: May 8, 2024 Expiration Date: May 8, 2029
Project Name:Jonathan's Landing Golf Course Renovations
Permittees:Jl Property Owners Association, Inc
3755 Barrow Island Road
Jupiter, FL 33477
Jonathans Landing Golf Club, Inc
16823 Captain Kirle Drive
Jupiter, FL 33477
Operating Entity: Jl Property Owners Association, Inc
3755 Barrow Island Road
Jupiter, FL 33477
Jonathans Landing Golf Club, Inc
16823 Captain Kirle Drive
Jupiter, FL 33477
Location:
Palm Beach County
Permit Acres:
3.58 acres
Project Land Use:
Golf Course Development
Special Drainage District:
N/A
Water Body Classification:
FDEP Water Body ID:
Wetland and Surface Water Impacts:
2.71 acres
Conservation Easement to District:
No
Sovereign Submerged Lands: No
Project Summary
This Environmental Resource Permit (ERP)authorizes Construction and Operation of a stormwater
management (SWM) system serving 3.58 acres of residential golf course development known as Jonathan's
Landing Golf Course Renovations.
The project proposes dredging and filling of existing lakes and portions of the tidal waters in the east basin,
mangrove trimming and mangrove impacts.The existing SWM system consists of inlets and culverts to
collect and convey runoff to a wet detention system with outfall through a control structure to the
Intracoastal Water Way.Please refer to the Engineering Evaluation and Exhibit Nos.2.0 and 2.1 for
additional information.
Issuance of this permit constitutes certification of compliance with state water quality standards in
accordance with Rule 62-330.062, F.A.C.
Permit No: 50-108963-P, Page 3 of 19
Page 23 of 39
Site Description
The site contains a golf course,clubhouse,residential areas and an extensive lake system located within
the existing Jonathan's Landing Golf Club development,which is located at the southeast corner of the
intersection of Indiantown Rd.and Alternate A1A in Palm Beach County.Please refer to the Location Map
Exhibit No. 1 for additional details.
For information on wetland and other surface water (OSW)impacts,please see the Wetlands and OSWs
section of this permit.
Background
July 26,1989: Permit No.50-00237-S authorized a SWM system serving a project known as
Jonathan's Landing.The Jonathan's Landing development consists of three basins:Saltwater System
Basin, Boundary Ditch Basin,and Freshwater Basin.The Freshwater Basin has existing control
structures CS-2, CS-4, CS-5, which control offsite discharge. Under Application No. 040121-20, all three
control structures were modified to raise each respective weir from crest elevation 2.7-ft NGVD to
elevation 3.0-ft NGVD.Only two weirs were raised and the project was certified as such.The permit has
been modified 28 times to date. Please refer to the permit file for historical permitting information.
Ownership and Operation & Maintenance
Perpetual O&M of the SWM system will be the responsibility of Jl Property Owners Association,Inc and
Jonathan's Landing Golf Club,Inc. Upon conveyance or division of ownership or control of the property or
the system,the permittee must notify the Agency in writing within 30 days,and the new owner must request
transfer of the permit.
Permit No: 50-108963-P, Page 4 of 19
Page 24 of 39
Engineering Evaluation:
Land Use
The project will reshape existing golf course lakes resulting in the construction of 1.42 acres of additional
lake area.
Water Quality
The SWM system complies with Section 4.2.1, ERP Applicant's Handbook (AH) Volume (Vol.) II.
The project is not altering the existing control structures.The 1.42 acres of additional lake results in
additional water quality volume in the system.
The project includes implementation of a Turbidity and Erosion Control Plan (Exhibit No.2.0) as additional
reasonable assurance of compliance with water quality criteria during construction.
Water Quantity
As found in Exhibit No.2.1,the proposed lake area results in additional storage and does not significantly
alter the permitted flood protection of the system. Design storm stages and discharge rates decrease over
the previously permitted condition.Exhibit No.2.1 includes a data table using NGVD datum for comparison
to the prior permits. The construction plans use NAVD datum.
Discharge
As found in Exhibit No.2.1,the SWM design meets the criteria of Section 3.2(b),ERP AH Vol.II based on
the discharge rate established by ERP No. 50-00237-S.
Construction Completion Certification (CCC) and O&M
Pursuant to Chapter 62-330.310,F.A.C.,Individual Permits will not be converted from the construction
phase to the operation phase until CCC of the project is submitted to and accepted by the District.This
includes compliance with all permit conditions,except for any long-term maintenance and monitoring
requirements.It is suggested that the permittee retain the services of an appropriate professional registered
in the State of Florida for periodic observation of construction of the project.
For projects permitted with an operating entity that is different from the permittee,it should be noted that
until the CCC is accepted by the District and the permit is transferred to an acceptable operating entity
pursuant to Sections 12.1 -12.3,ERP AH Vol.I and Section 62-330.310,F.A.C.,the permittee is liable for
O&M in compliance with the terms and conditions of this permit.
In accordance with Section 373.416(2),F.S.,unless revoked or abandoned,all SWM systems and works
permitted under Part IV of Chapter 373, F.S., must be operated and maintained in perpetuity.
The efficiency of SWM systems,dams,impoundments,and most other project components will decrease
over time without periodic maintenance.The O&M entity must perform periodic inspections to identify if
there are any deficiencies in structural integrity,degradation due to insufficient maintenance,or improper
operation of projects that may endanger public health,safety,or welfare,or the water resources.If
deficiencies are found,the O&M entity is responsible for correcting the deficiencies in a timely manner to
prevent compromises to flood protection and water quality.See Section 12.4,ERP AH Vol.I for Minimum
Operation and Maintenance Standards.
Notable project components requiring routine inspection and maintenance include but are not limited to:
Side slopes for stormwater lakes and ponds –maintain side slopes no steeper than 4:1
(horizontal:vertical)to a depth of 2.0 feet below the control elevation and nurtured or planted from 2.0
feet below to 1.0 feet above the control elevation pursuant to Section 5.4.2, ERP AH Vol. II.
Permit No: 50-108963-P, Page 5 of 19
Page 25 of 39
Conveyance pipes,conveyance structures and discharge structures –all pipes and structures must be
inspected for structural integrity and be maintained clear of trash, sediment and vegetative debris.
Exfiltration trenches –all pipes and structures must be inspected for structural integrity and be
maintained clear of trash, sediment and vegetative debris.
Swales – maintain the permitted cross-section and vegetative cover.
Underground storage facilities –all facilities must be inspected for structural integrity and be maintained
clear of trash, sediment and vegetative debris.
Pumps –float switches should be inspected and any obstructions removed to ensure proper operation;
intake and discharge pipes should be maintained clear of trash,sediment and vegetative debris;motors
should be maintained to ensure proper operation.
Permit No: 50-108963-P, Page 6 of 19
Page 26 of 39
Environmental Evaluation:
Wetland and OSW Description
The project site contains mangrove wetlands and various OSWs some of which being tidally influenced.
Please see Exhibit No.2.0 and Exhibit No. 3.0 for wetland and OSW locations.The wetlands can generally
be described as a maintained linear mangrove fringe in which the mangroves are trimmed to a
specific elevation and the trimming has been permitted by Palm Beach County (PBC).A copy of the PBC
mangrove trimming plan can be found within the ePermitting file.
The project includes work within a total of 1.72 acres of an extensive lake system which construction was
previously authorized with Permit No. 50-00237-S.In accordance with Section 10.2.2.3,ERP AH Vol.I,the
regulated activity within the lakes will not adversely impact the value of functions provided to fish and wildlife
and listed species by OSWs, therefore, mitigation is not required.
Wetland and OSW Impacts
The project will result in 0.99 acres of mangrove wetland impacts,as described in the Environmental Data
Table. Exhibit No. 3.0 identifies the locations of the wetlands being impacted and works in OSWs.
The 0.99 acres of wetlands proposed to be impacted consist of linear mangrove fringe wetlands along the
golf course which are primarily previously permitted mangrove trim areas pursuant to Palm Beach County
Permit No. MT-365-94.
The permittee also proposes to trim a total area of 0.122 acres (5,297 sq.feet)of mangroves near Hole No.
6 of the golf course. The proposed trimming represents 29%of the total area of existing
mangroves specifically within the south eastern shoreline of the golf course.The mangrove trimming
proposed in this area will not require mitigation because it conforms with the 1996 Mangrove Trimming and
Preservation Act and qualifies for a General Permit under Section 403.9327(1)(a),F.A.C. The mangrove
trimming plan can be found in Exhibit No. 3.1.
Secondary Impacts
The mangrove fringes to be impacted are located adjacent to OSWs or upland golf course turf. Pursuant
to Section 10.2.7,ERP AH Vol.I,the District has determined that this project will not result in secondary
impacts.
Elimination and Reduction of Impacts
The existing wetland areas of the property consist of maintained narrow mangrove fringes,which connect to
the Intracoastal Waterway. Overall,the mangrove fringes do not provide sufficient functional or
ecological value.The permittee has indicated that portions of the the mangrove fringes have become a
safety/visibilty hazard.Additionally,the permittee has modified the project plans to reduce the total
mangrove wetland impacts along the south and eastern portions of the site.District staff have determined
the project meets the elimination and reduction criteria in Section 10.2.1, ERP AH Vol. I.
Mitigation Plan
To mitigate for mangrove wetland impacts,the permittee will purchase 0.38 saltwater mitigation bank credits
for as depicted in Exhibit No.3.2.The amount of required mitigation was determined using Estuarine
Wetland Rapid Assessment Procedure (E-WRAP) The final scores can be found in the Exhibit No. 3.3.
Cumulative Impact Analysis
Since the mitigation is not located within the same basin as the wetland impacts,a cumulative impact
analysis was conducted for the mangrove wetlands within the Loxahatchee River Cumulative Impact
Basin pursuant to Section 10.2.8, ERP AH Vol. I. This analysis can be found in Exhibit No. 3.4.
The analysis identified mangrove wetlands (553.33 acres) in the Basin that were not protected by land use
restrictions or dedicated as public preserve land,as "at risk".Mangrove wetlands preserved /protected
accounted for 84.90%(469.78 acres)of all mangrove wetlands in the Basin.Based on the applicant's
analysis,if "at risk"mangrove wetlands (83.55 acres)within the Basin were impacted to the same extent as
Permit No: 50-108963-P, Page 7 of 19
Page 27 of 39
the proposed project and all mitigation was conducted outside the Basin,a loss of 0.18%of wetland
acreage in the Basin would occur.
Based on the analysis provided and available information,the District has determined that the project will
not result in unacceptable cumulative impacts to the Loxahatchee River Cumulative Impact Basin.This
conclusion is project specific and does not apply to any other application.
Fish, Wildlife, and Listed Species
The wetlands or OSWs to be impacted provide habitat for wetland-dependent species.The proposed
mitigation will provide or improve habitat for wetland-dependent and aquatic species. No aquatic or wetland-
dependent listed species or species having special protection were observed to be using the uplands within
the project for nesting or denning.
This permit does not relieve the permittee from complying with all applicable rules and any other agencies'
requirements if,in the future,endangered or threatened species or species of special concern are
discovered on the site.
Sovereignty Submerged Lands (SSLs)
The District has received information from the Department of Environmental Protection’s Division of State
Lands (DSL)that based on records within the title and land records section,the project area appears to be
within or landwards of the boundary of lands described in Deed No.19393.Therefore,DSL recommends
that proprietary requirements that would normally apply to the state lands, not apply to this area.
Public Interest Test
The permittee has demonstrated that the proposed project is not contrary to the public interest in
accordance with Section 10.2.3, ERP AH Vol. I.
The project will minimize any impacts to health safety and welfare and property to others during the
dredging operation by use of Best Management Practices (BMPs),including the use of spoil containment
and turbidity screens. Dredging will not impact navigation or flow of water or cause harmful erosion or
shoaling and the project will not impact values or marine productivity.
No adverse effects to fish and wildlife,navigation,fishing or recreational values,historical and archeological
resources, or the relative values of function will occur as a result of the proposed activity.
Permit No: 50-108963-P, Page 8 of 19
Page 28 of 39
Environmental Evaluation Tables:
Summary
Wetlands and Other
Surface Waters: 2.832 acres
Direct Impacts: 2.71 acres
Secondary impacts: 0 acres
Net UMAM Functional Loss/
Gain: 0 units
Total Onsite Mitigation
Area: 0 acres
Total Offsite Mitigation
Area: 0 acres
Mitigation Provided in
Permit No.:
Total Mitigation Bank Credits Provided
Mitigation Bank Type Total Credits
Bear Point SF 0.38
Total:0.38
Jonathans Landing
Activities in Wetlands or Other Surface Waters, Not Including Mitigation at a Bank
ID Acres Action Community
Description
Current
Score
With Project
Score
UMAM
Loss
Trimming 0.122 None Mangrove Fringe 0 0 0.000
Lakes 1.72 Works in Surface
Waters Lakes 0 0 0.000
Total:1.842 0.000
Activities in Wetlands or Other Surface Waters, With Mitigation at a Bank
ID Acres Community
Description
Bank
Name Method Current
Score
With
Score
Ratio or
Add'l factor
Minimum
Credits Needed
Mangrove 0.99 Mangrove Fringe Bear
Point eWRAP 0.38 0 1 0.38
Total:0.99
Permit No: 50-108963-P, Page 9 of 19
Page 29 of 39
Related Concerns:
Water Use Permit Status
Water Use Permit No. 50-00237-W is in effect for irrigation over the project site.
The permittee has indicated that dewatering is not required for construction of 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.
Water and Wastewater Service
Loxahatchee River Environmental Control District
Historical/ Archaeological Resources
The District has received correspondence from the Florida Department of State,Division of Historical
Resources indicating that no significant archaeological or historical resources are recorded on the project
site; therefore, the project is unlikely to have an effect upon any such resources.
This permit does not release the permittee from complying with any other agencies requirements in the
event that historical and/or archaeological resources are found on the site.
Permit No: 50-108963-P, Page 10 of 19
Page 30 of 39
General Conditions for Individual Environmental Resource Permits, 62-330.350, F.A.C.
1. All activities shall be implemented following the plans,specifications and performance criteria approved
by this permit.Any deviations must be authorized in a permit modification in accordance with rule
62-330.315,F.A.C.Any deviations that are not so authorized may subject the permittee to enforcement
action and revocation of the permit under Chapter 373, F.S.
2. A complete copy of this permit shall be kept at the work site of the permitted activity during the
construction phase,and shall be available for review at the work site upon request by the Agency staff.
The permittee shall require the contractor to review the complete permit prior to beginning construction.
3. Activities shall be conducted in a manner that does not cause or contribute to violations of state water
quality standards.Performance-based erosion and sediment control best management practices shall be
installed immediately prior to,and be maintained during and after construction as needed,to prevent
adverse impacts to the water resources and adjacent lands.Such practices shall be in accordance with
the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department
of Environmental Protection and Florida Department of Transportation,June 2007),and the Florida
Stormwater Erosion and Sedimentation Control Inspector’s Manual (Florida Department of
Environmental Protection,Nonpoint Source Management Section,Tallahassee,Florida,July 2008),
which are both incorporated by reference in subparagraph 62-330.050(9)(b)5.,F.A.C.,unless a project-
specific erosion and sediment control plan is approved or other water quality control measures are
required as part of the permit.
4. At least 48 hours prior to beginning the authorized activities,the permittee shall submit to the Agency a
fully executed Form 62-330.350(1),“Construction Commencement Notice,”(October 1,2013),(http://
www.flrules.org/Gateway/reference.asp?No=Ref-02505),incorporated by reference herein,indicating the
expected start and completion dates.A copy of this form may be obtained from the Agency,as described
in subsection 62-330.010(5),F.A.C.,and shall be submitted electronically or by mail to the Agency.
However,for activities involving more than one acre of construction that also require a NPDES
stormwater construction general permit,submittal of the Notice of Intent to Use Generic Permit for
Stormwater Discharge from Large and Small Construction Activities,DEP Form 62-621.300(4)(b),shall
also serve as notice of commencement of construction under this chapter and,in such a case,submittal
of Form 62-330.350(1) is not required.
5. Unless the permit is transferred under rule 62-330.340,F.A.C.,or transferred to an operating entity
under rule 62-330.310,F.A.C.,the permittee is liable to comply with the plans,terms,and conditions of
the permit for the life of the project or activity.
6. Within 30 days after completing construction of the entire project,or any independent portion of the
project, the permittee shall provide the following to the Agency, as applicable:
a.For an individual,private single-family residential dwelling unit,duplex,triplex,or quadruplex-
"Construction Completion and Inspection Certification for Activities Associated With a Private Single-
Family Dwelling Unit"[Form 62-330.310(3)]; or
b.For all other activities-"As-Built Certification and Request for Conversion to Operational Phase"[Form
62-330.310(1)].
c.If available,an Agency website that fulfills this certification requirement may be used in lieu of the
form.
7. If the final operation and maintenance entity is a third party:
a.Prior to sales of any lot or unit served by the activity and within one year of permit issuance,or within
30 days of as-built certification,whichever comes first,the permittee shall submit,as applicable,a copy
of the operation and maintenance documents (see sections 12.3 thru 12.3.4 of Volume I)as filed with the
Florida Department of State,Division of Corporations,and a copy of any easement,plat,or deed
restriction needed to operate or maintain the project,as recorded with the Clerk of the Court in the
Permit No: 50-108963-P, Page 11 of 19
Page 31 of 39
County in which the activity is located.
b. Within 30 days of submittal of the as-built certification, the permittee shall submit “Request for Transfer
of Environmental Resource Permit to the Perpetual Operation and Maintenance Entity”[Form
62-330.310(2)]to transfer the permit to the operation and maintenance entity,along with the
documentation requested in the form.If available,an Agency website that fulfills this transfer
requirement may be used in lieu of the form.
8. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that
require changes to the permitted activity,and any required modification of this permit must be obtained
prior to implementing the changes.
9. This permit does not:
a.Convey to the permittee any property rights or privileges,or any other rights or privileges other than
those specified herein or in Chapter 62-330, F.A.C.;
b. Convey to the permittee or create in the permittee any interest in real property;
c.Relieve the permittee from the need to obtain and comply with any other required federal,state,and
local authorization, law, rule, or ordinance; or
d.Authorize any entrance upon or work on property that is not owned,held in easement,or controlled by
the permittee.
10. Prior to conducting any activities on state-owned submerged lands or other lands of the state,title to
which is vested in the Board of Trustees of the Internal Improvement Trust Fund,the permittee must
receive all necessary approvals and authorizations under Chapters 253 and 258,F.S.Written
authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust
Fund shall not be considered received until it has been fully executed.
11. The permittee shall hold and save the Agency harmless from any and all damages,claims,or liabilities
that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment
or use of any project authorized by the permit.
12. The permittee shall notify the Agency in writing:
a. Immediately if any previously submitted information is discovered to be inaccurate; and
b.Within 30 days of any conveyance or division of ownership or control of the property or the system,
other than conveyance via a long-term lease,and the new owner shall request transfer of the permit in
accordance with Rule 62-330.340,F.A.C.This does not apply to the sale of lots or units in residential or
commercial subdivisions or condominiums where the stormwater management system has been
completed and converted to the operation phase.
13. Upon reasonable notice to the permittee,Agency staff with proper identification shall have permission
to enter,inspect,sample and test the project or activities to ensure conformity with the plans and
specifications authorized in the permit.
14. If prehistoric or historic artifacts,such as pottery or ceramics,projectile points,stone tools,dugout
canoes,metal implements,historic building materials,or any other physical remains that could be
associated with Native American,early European,or American settlement are encountered at any time
within the project site area,the permitted project shall cease all activities involving subsurface
disturbance in the vicinity of the discovery.The permittee or other designee shall contact the Florida
Department of State,Division of Historical Resources,Compliance Review Section (DHR),at
(850)245-6333,as well as the appropriate permitting agency office.Project activities shall not resume
without verbal or written authorization from the Division of Historical Resources.If unmarked human
remains are encountered,all work shall stop immediately and the proper authorities notified in
accordance with section 872.05,F.S.For project activities subject to prior consultation with the DHR
and as an alternative to the above requirements,the permittee may follow procedures for unanticipated
discoveries as set forth within a cultural resources assessment survey determined complete and
sufficient by DHR and included as a specific permit condition herein.
Permit No: 50-108963-P, Page 12 of 19
Page 32 of 39
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 binding unless a
specific condition of this permit or a formal determination under Rule 62-330.201,F.A.C.,provides
otherwise.
16. The permittee shall provide routine maintenance of all components of the stormwater management
system to remove trapped sediments and debris.Removed materials shall be disposed of in a landfill or
other uplands in a manner that does not require a permit under Chapter 62-330,F.A.C.,or cause
violations of state water quality standards.
17. This permit is issued based on the applicant's submitted information that reasonably demonstrates that
adverse water resource-related impacts will not be caused by the completed permit activity.If any
adverse impacts result,the Agency will require the permittee to eliminate the cause,obtain any
necessary permit modification,and take any necessary corrective actions to resolve the adverse
impacts.
18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in
accordance with Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property.
Permit No: 50-108963-P, Page 13 of 19
Page 33 of 39
Special Conditions for Individual Environmental Resource Permits, 62-330.350, F.A.C.
1.The construction authorization for this permit shall expire on the date shown on page 3.
2.Perpetual O&M of the SWM system shall be the responsibility of Jl Property Owners Association,Inc
and Jonathans Landing Golf Club,Inc.The permittee shall notify the Agency in writing within 30 days of
any conveyance or division of ownership or control of the property of the system,and the new owner
must request transfer of the permit in accordance with Rule 62-330.340, F.A.C.
3.Lake side slopes shall be no steeper than 4:1 (horizontal:vertical)to a depth of 2.0 feet below the control
elevation.Side slopes shall be nurtured or planted from 2.0 feet below to 1.0 feet above control
elevation to insure vegetative growth, unless shown on the plans.
4.This permit does not authorize the permittee to cause any adverse impact to or “take”of state listed
species and other regulated species of fish and wildlife.Compliance with state laws regulating the take
of fish and wildlife is the responsibility of the owner or permitee associated with this project.Please refer
to Chapter 68A-27,F.A.C.for definitions of “take”and a list of fish and wildlife species.If listed species
are observed onsite,FWC staff are available to provide decision support information or assist in
obtaining the appropriate FWC permits.Most marine endangered and threatened species are statutorily
protected and a “take”permit cannot be issued.Requests for further information or review can be sent
to: FWCConservationPlanningServices@MyFWC.com.
5.Prior to initiating construction activities associated with this ERP, the permittee is required to hold a pre-
construction meeting with field representatives,consultants,contractors,District Environmental
Resource Bureau (ERB)staff,and any other local government entities as necessary.The purpose of the
pre-construction meeting is to discuss construction methods,sequencing,best management practices,
identify work areas,staking and roping of preserves where applicable,and to facilitate coordination and
assistance amongst relevant parties.To schedule a pre-construction meeting,please contact ERB staff
from the West Palm Beach Office at (561)686-8800 or via e-mail at:precon@sfwmd.gov.When
sending a request for a pre-construction meeting,please include the application number,permit number,
and contact name and phone number.
6.The District reserves the right to require remedial measures to be taken by the permittee if monitoring or
other information demonstrates that adverse impacts to onsite or offsite wetlands,upland conservation
areas or buffers, or OSWs have occurred due to project related activities.
7.Prior to commencement of construction,and in accordance with the work schedule herein,the permittee
shall submit documentation from Bear Point Mitigation that 0.38 saltwater mitigation bank credits for this
project have been paid for in full and deducted from the Bear Point Mitigation Bank 's ledger.
8.Mangrove trimming is limited to activities detailed in the plan attached as Exhibit No.3.1 .All mangrove
trimming activities shall be accomplished by a certified professional mangrove trimmer and in
accordance with the Mangrove Trimming and Preservation Act (Sections 403.9321-403.9333 Florida
Statutes).
Permit No: 50-108963-P, Page 14 of 19
Page 34 of 39
Project Work Schedule for Permit No. 50-108963-P
The following activities are requirements of this Permit and shall be completed in accordance with the
Project Work Schedule below.Please refer to General Conditions,Special Conditions and/or Specific
Conditions for more information.Any deviation from these time frames will require prior approval from the
District’s Environmental Resources Bureau and may require a modification to this permit.Such requests
must be made in writing and shall include:(1)reason for the change,(2)proposed start/finish and/or
completion dates, and (3) progress report on the status of the project.
Condition No.Date Added Description (Application
Number)Due Date Date
Satisfied
GC 4 05/08/2024 Construction Commencement
Notice Prior to Construction
GC 6 05/08/2024 Submit Certification 30 Days After Construction
Completion
GC 7 05/08/2024 Submit Operation Transfer
Request
Within 30 days of
Certification
SC 5 05/08/2024 Pre-Construction Meeting Prior to Construction
SC 7 05/08/2024 Submit Mitigation Bank Ledger
Documentation 06/07/2024
GC = General Condition
SC = Special Condition
Permit No: 50-108963-P, Page 15 of 19
Page 35 of 39
Distribution List
Mike Nichols, MJ Nichols & Associates, LLC
Dennis Shultz, Flynn Engineering
Div of Recreation and Park - District 5
US Army Corps of Engineers - Permit Section
Lake Worth Drainage District
Palm Beach County - Environmental Resource Management
Palm Beach County Engineer
City Of Greenacres
Permit No: 50-108963-P, Page 16 of 19
Page 36 of 39
Exhibits
The following exhibits to this permit are incorporated by reference.The exhibits can be viewed by clicking
on the links below or by visiting the District's ePermitting website at http://my.sfwmd.gov/ePermitting and
searching under this application number 230519-38715.
Exhibit No. 1.0 Location Map
Exhibit No. 2.0 SWM Plans
Exhibit No. 2.1 Drainage Calculations
Exhibit No. 3.0 Wetland and OSW Maps
Exhibit No. 3.1 Mangrove Trimming Plan
Exhibit No. 3.2 Reservation Letter
Exhibit No. 3.3 EWRAP Scores
Exhibit No. 3.4 Cumulative Impact Analysis
Permit No: 50-108963-P, Page 17 of 19
Page 37 of 39
NOTICE OF RIGHTS
As required by Chapter 120,Florida Statutes,the following provides notice of the opportunities which may
be available for administrative hearing pursuant to Sections 120.569 and 120.57,Florida Statutes,or judicial
review pursuant to Section 120.68, Florida Statutes, 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. Some of the
legal proceedings detailed below may not be applicable or appropriate for your situation. 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 (District)action has the right to request an administrative hearing on that action pursuant to
Sections 120.569 and 120.57,Florida Statutes. Persons seeking a hearing on a District decision which
affects or may affect their substantial interests shall file a petition for hearing 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,Florida Statutes;or (2)within 14 days of service of an Administrative
Order pursuant to Section 373.119(1),Florida Statutes. "Receipt of written notice of agency decision"
means receipt of written notice through mail,electronic mail,posting,or publication that the District has
taken or intends to take final agency action. Any person who receives written notice of a District 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 that materially differs from the noticed intended agency decision,
persons who may be substantially affected shall,unless otherwise provided by law,have an additional point
of entry pursuant to Rule 28-106.111, Florida Administrative Code.
Any person to whom an emergency order is directed pursuant to Section 373.119(2),Florida Statutes,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 District may grant the request
for good cause. Requests for extension of time must be filed with the District 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 whether the District 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. 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 the District’s 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. 1/16/20 1 Permit No: 50-108963-P, Page 18 of 19
Page 38 of 39
Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the
District's security desk does not constitute filing. It will be necessary to request that the District's
security officer contact the Office of the District Clerk. An employee of the District's Clerk's office will
receive and process 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.
INITIATION OF ADMINISTRATIVE HEARING
Pursuant to Sections 120.54(5)(b)4.and 120.569(2)(c),Florida Statutes,and Rules 28-106.201 and
28-106.301,Florida Administrative Code,initiation of an administrative hearing shall be made by written
petition to the District in legible form and on 8 1/2 by 11 inch white paper. All petitions shall contain:
Identification of the action being contested,including the permit number,application number,District file
number or any other District identification number, if known.
1.
The name,address,any email address,any facsimile number,and telephone number of the petitioner,
petitioner’s attorney or qualified representative, if any.
2.
An explanation of how the petitioner’s substantial interests will be affected by the agency determination.3.
A statement of when and how the petitioner received notice of the District’s decision.4.
A statement of all disputed issues of material fact. If there are none, the petition must so indicate.5.
A concise statement of the ultimate facts alleged,including the specific facts the petitioner contends
warrant reversal or modification of the District’s proposed action.
6.
A statement of the specific rules or statutes the petitioner contends require reversal or modification of
the District’s proposed action.
7.
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.
8.
A statement of the relief sought by the petitioner,stating precisely the action the petitioner wishes the
District to take with respect to the District’s proposed action.
9.
MEDIATION
The procedures for pursuing mediation are set forth in Section 120.573,Florida Statutes,and Rules
28-106.111 and 28-106.401–.405,Florida Administrative Code. The District is not proposing mediation for
this agency action under Section 120.573, Florida Statutes, at this time.
RIGHT TO SEEK JUDICIAL REVIEW
Pursuant to Section 120.68,Florida Statutes,and in accordance with Florida Rule of Appellate Procedure
9.110,a party who is adversely affected by final District action may seek judicial review of the District's final
decision by filing a notice of appeal with the Office of the District Clerk 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 appropriate district court of appeals via the Florida Courts E-Filing Portal.
Rev. 1/16/20 2 Permit No: 50-108963-P, Page 19 of 19
Page 39 of 39