251015-58086_Permit_20260421.pdf

South Florida Water Management District Individual Environmental Resource Permit No. 48-115193-P

Date Issued: April 21, 2026

Permittee: Orange County Board of County Commissioners 4200 S John Young Parkway Orlando, FL 32839

Project:

Jackson Street and Ortman Drive Sidewalk Improvements

Application No. 251015-58086

Location: Orange 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 RegPermitting site at www.sfwmd.gov/ regpermitting.

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 regpermitting@sfwmd.gov.

Lisa Prather, PWS Section Administrator http://www.sfwmd.gov/regpermitting http://www.sfwmd.gov/regpermitting mailto:regpermitting@sfwmd.gov

South Florida Water Management District Individual Environmental Resource Permit No. 48-115193-P

Date Issued: April 21, 2026 Expiration Date: April 21, 2031

Project Name: Jackson Street and Ortman Drive Sidewalk Improvements

Permittee: Orange County Board of County Commissioners

Orlando , FL 32839

Operating Entity: Orange County Board of County Commissioners

Orlando , FL 32839

Location:

Orange County

Permit Acres:

7.17 acres

Project Land Use:

Residential

Special Drainage District:

N/A

Water Body Classification:

CLASS III

FDEP Water Body ID:

3169G1

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 7.17 acres of residential development known as Jackson Street and Ortman Drive Sidewalk Improvements.

The project proposes sidewalk and drainage improvements. The sidewalk improvements include adding a 5-foot-wide sidewalk to both sides of West Jackson Street from South Ivey Lane to South Ortman Drive.

Along South Ortman Drive, the existing sidewalks will be connected and extended to provide continuous sidewalk on both sides of the road.

The drainage improvements for West Jackson Street, consist of replacing roadside swales with a stormwater sewer system to capture and convey the stormwater runoff to an existing pond between Ortman Drive and Lake Mann. The existing stormwater pond will be expanded to a wet detention system and replace the volume that is displaced due to enclosing the existing roadside swales. The pond changes meet the District's wet dimensional criteria and discharge through a trapezoidal weir to Lake Mann. The pond will remain enclosed by a chain-link fence. Refer to the Engineering Evaluation and Exhibit Nos. 2.0, 2.1, and 2.2 for additional information.

Issuance of this permit constitutes certification of compliance with state water quality standards in accordance with Rule 62-330.062, FAC.

Permit No: 48-115193-P, Page 2 of 18

In lieu of an Operation and Maintenance Plan, the project will be under Orange County's MS4 permit (Exhibit No. 2.2) in accordance with Section 12.4.1, Volume 1. Other O&M documents are in Exhibit 2.2.

Site Description The site includes the roadway and supporting stormwater infrastructure along W. Jackson Street and extending northwards along N. Ortman Drive until the Old Winter Garden Road intersection in Orange County, Florida. Refer to Exhibit No. 1.0 for a location map.

For information on wetland and other surface water (OSW) impacts, please see the Wetlands and OSWs section of this permit.

Background:

The existing stormwater conveyance system along West Jackson Street was permitted under the Jackson Street Improvements Project on September 28, 1992, under Permit Number 48-00717-S, Application Number 920904-1.

The existing stormwater detention pond, which eventually discharges to Lake Mann via a gabion weir, was permitted under the Ortman Drive Project on March 27, 1984, under Permit Number 84-00034- S, Application Number X000013182.

Ownership and Operation & Maintenance (O&M) Perpetual O&M of the SWM system will be the responsibility of the Orange County Board of County Commissioners. 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: 48-115193-P, Page 3 of 18

Engineering Evaluation:

Land Use Please refer to the Engineering Evaluation Tables for land use details.

Water Quality The project lies within HUC12 [030901010301], upstream of WBID 3169G1 which is listed as a Water Not Achieving Standards by the Florida Department of Environmental Protection, and meets the nutrient uptake requirements found in Section 8.3.4, Volume 1. Nutrient removal is obtained through grassed swales and the wet detention pond.

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 Discharge As found in the Water Quantity Data Table, the SWM design meets the criteria of Section 3.2(a), ERP AH Vol. II based on a pre- vs. post-development analysis.

Road Design As found in the Water Quantity Data Table, minimum road crown elevations have been set at or above the peak design storm elevation.

Finished Floors As found in the Water Quantity Data Table, minimum finished floor elevations have been set at or above the peak design storm elevation.

Flood Plain/Compensating Storage The only portion of the project that is within the floodpplain is the existing stormwater pond which was enlarged and converted to wet detention. Therefore, compensation calculations were not required.

Construction Completion Certification (CCC) and O&M Pursuant to Rule 62-330.310, FAC, 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 Rule 62-330.310, FAC, the permittee is liable for O&M in compliance with the terms and conditions of this permit.

In accordance with Section 373.416(2), FS, unless revoked or abandoned, all SWM systems and works permitted under Part IV of Rule 373, FS, 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.

Permit No: 48-115193-P, Page 4 of 18

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 Subsection 5.4.2, ERP AH Vol. II(eff.

05/22/16).

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.

Swales – maintain the permitted cross-section and vegetative cover.

Permit No: 48-115193-P, Page 5 of 18

Engineering Evaluation Tables:

Land Use

Basin Land Type

Area (ac) % of Total

Basin

Jackson Street

Impervious 3.09 43.10

Pervious 3.02 42.12

Water Mgnt Acreage 1.06 14.78

Total: 7.17 100%

Water Quality Nutrient Load

Basin Treatment

Type BMPType

Pre-Dev Nit Load (kg/yr)

Pre-Dev Phos Load

(kg/yr)

Post-Dev Nit Load (kg/yr)

Post-Dev Phos Load

(kg/yr)

Gov Criteria

TN

Gov Criteria

TP

Req Nit Reduction

Req Phos Reduction

Prov Nit Reduction

Prov Phos

Reduction

Jackson Street

Treatment Wet

Detention

24.49 2.49 0.47 0.05 80% 80% 80.00 80.00 99.00 99.00

Water Quantity

Elevation

Type

Storm Event

(Yr/Day)

Precipitation Depth (in)

Peak Stage (ft

NAVD88)

Min. EL (ft

NAVD88)

Peak Discharge Rate (cfs)

Allowable Discharge Rate

(cfs)

Jackson Street

Finished Floor 100Y1D 10.10 94.16 95.00 (TOB) N/A N/A

Discharge 25YR3D 9.80 94.02 N/A 37.0 37.6

Discharge 25YR1D 7.50 94.00 N/A 34.2 34.5

Road Crown 10YR1D 6.10 93.86 96.00 N/A N/A

Bleeder

Control EL (ft

NAVD88)

Structure #

Structure Type

Count Type Dia.(in) Invert EL (ft

NAVD88)

Receiving

Body

Jackson Street

91.50 Discharge

Weir Discharge 2

Circular Orifice

8.00 91.50 Lake Mann

Weir

Control EL (ft

NAVD88)

Structure #

Structure Type

Count Type Length

(ft) Width

(in) Height

(in) Crest EL (ft

NAVD88)

Receiving Body

Jackson Street

91.50 Discharge

Weir Discharge 1 Trapezoidal 21.00 30.00 18.00 93.50 Lake Mann

Permit No: 48-115193-P, Page 6 of 18

Environmental Evaluation:

Wetland and OSW Description The project area includes swales, shallow ditches and an existing stormwater pond. The stormwater pond is indicated to have been permitted for the Ortman Drive Project on March 27, 1984, under Permit Number 84-00034-S, Application Number X000013182, and is included in the SWMS authorized under Permit No.

48-00717-S App 920904-1.

In accordance with sections 62-340.700(5) and (7), F.A.C., the SWM lake/swales are not delineated as OSWs because the lake(s)/swale(s) meet the exemption criteria in section 62-340.700(2)(a), F.A.C..

There are no additional wetlands or OSWs located within the project site or affected by this project.

Fish, Wildlife, and Listed Species The project site does not contain significant habitat for wetland-dependent endangered or threatened wildlife species, or species of special concern. No wetland-dependent endangered or threatened species or species of special concern were observed onsite. Submitted information indicates that potential use of the site by such species is minimal.

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.

Permit No: 48-115193-P, Page 7 of 18

Related Concerns:

Water Use Permit Status

The permittee has indicated that dewatering is required for construction of this project. The permittee has indicated that proposed dewatering qualifies for the permit by rule under Rule 40E-2.061, F.A.C.

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.

Historical/ Archaeological Resources No information has been received that indicates the presence of archaeological or historical resources on the project site or indicating that the project will have any effect upon significant historic properties listed, or eligible for listing in the National Register of Historic Places.

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: 48-115193-P, Page 8 of 18

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: 48-115193-P, Page 9 of 18

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

Permit No: 48-115193-P, Page 10 of 18 complete and sufficient by DHR and included as a specific permit condition herein.

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: 48-115193-P, Page 11 of 18

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 2.

2. Perpetual O&M of the SWM system shall be the responsibility of the Orange County Board of County

Commissioners. 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 ensure vegetative growth.

4. A stable, permanent and accessible elevation reference shall be established on or within 100 feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report.

5. Prior to any future construction, the permittee shall apply for and receive an Individual ERP. As part of the permit application, the applicant for that phase shall provide documentation verifying that the proposed construction is consistent with the design of the master stormwater management system, including the land use and site grading assumptions.

6. 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 Orlando Service Center at (407) 858-6100 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.

7. 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 permittee 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.

8. In addition to the requirements of General Condition No. 6, the permittee shall provide the following at the time of certification and request to transfer the permit to the operation phase:

a. Record drawings signed and sealed by a registered professional in the State of Florida per Subsection 12.2(b)2, ERP AH Vol. I.

b. An updated copy of the cost estimate per Subsections 12.2.1.(b)6 & 12.3.5(a)4, ERP AH Vol. I.

Permit No: 48-115193-P, Page 12 of 18

9. In accordance with Exhibit 2.2 and Sections 12.5 and 12.6, ERP AH Vol. I, the permittee shall inspect the SWM system and submit an inspection report.

Permit No: 48-115193-P, Page 13 of 18

Project Work Schedule for Permit No. 48-115193-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 04/21/2026

Construction Commencement Notice

Prior to Construction

GC 6 04/21/2026 Submit Certification 30 Days After Construction Completion

GC 7 04/21/2026

Submit Operation Transfer Request

Within 30 days of Certification

SC 6 04/21/2026

Pre-Construction Meeting

Prior to Construction

SC 8 04/21/2026 O&M Documents 30 Days After Construction Complete Date

SC 9 04/21/2026

O&M Inspection Report

Within 3 years of Certification and every 3 years afterward

GC = General Condition

SC = Special Condition

Permit No: 48-115193-P, Page 14 of 18

Distribution List

Dale Mudrake, Orange County Board of County Commissioners

Michael J Drozeck, Orange County Board of County Commissioners

Jennifer Cummings, Orange County Board of County Commissioners

Beth Whikehart, Pegasus Engineering

Div of Recreation and Park - District 3

Orange County Engineer

Permit No: 48-115193-P, Page 15 of 18

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 RegPermitting website at www.sfwmd.gov/regpermitting and searching under this application number 251015-58086.

Exhibit No. 1.0 Location Map

Exhibit No. 2.0 Construction Plans

Exhibit No. 2.1 Calculations

Exhibit No. 2.2 O&M Documents

Permit No: 48-115193-P, Page 16 of 18 http://www.sfwmd.gov/regpermitting https://api.sfwmd.gov/v1/service/cms/documents/0900eeea96eb0639/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea96ecc72b/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea96ecc732/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea96ecc846/content

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.

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

Rev. 1/16/20 1 Permit No: 48-115193-P, Page 17 of 18 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: 48-115193-P, Page 18 of 18