27-Attachment D - SWFWMD Permit.pdf

2379 Broad Street, Brooksville, Florida 34604-6899

(352) 796-7211 or 1-800-423-1476 (FL only)

SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only)

On the Internet at: WaterMatters.org

Tampa Service Office 7601 Highway 301 North

Tampa, Florida 33637-6759

(813) 985-7481 or 1-800-836-0797 (FL only)

Bartow Service Office 170 Century Boulevard

Bartow, Florida 33830-7700

(863) 534-1448 or 1-800-492-7862 (FL only)

An Equal

Opportunity

Employer

Hillsborough County Public Works

Attn: Sandra Gonzalez

October 26, 2022

Sarasota Service Office 78 Sarasota Center Boulevard

Sarasota, Florida 34240-9770

(941) 377-3722 or 1-800-320-3503 (FL only)

601 E. Kennedy Blvd.

Tampa, FL 33602

Subject: Notice of Intended Agency Action - Approval

ERP Minor Modification

Project Name: N. Himes Ave Intersection Improvement Projects at Busch Blvd and

Waters Ave

App ID/Permit No:

County: Hillsborough

856011 / 43040326.001

Letter Received: September 06, 2022

Expiration Date: October 26, 2027

S21/T28S/R18E, S28/T28S/R18E, S22/T28S/R18E, S27/T28S/R18E

Sec/Twp/Rge:

Dear Permittee(s):

The Southwest Florida Water Management District (District) has completed its review of the application for

Environmental Resource Permit modification. Based upon a review of the information you have submitted, the District hereby gives notice of its intended approval of the application.

The File of Record associated with this application can be viewed at http://www18.swfwmd.state.fl.us/erp/erp/search/ERPSearch.aspx and is also available for inspection Monday through Friday, except for District holidays, from 8:00 a.m. through 5:00 p.m. at the District's Tampa Service

Office, 7601 U.S. Highway 301 North, Tampa, Florida 33637.

David Kramer, P.E.

Bureau Chief

Environmental Resource Permit Bureau

Regulation Division

If you have any questions or concerns regarding the application or any other information, please contact the Environmental Resource Permit Bureau in the Tampa Service Office.

Sincerely, 2379 Broad Street, Brooksville, Florida 34604-6899

(352) 796-7211 or 1-800-423-1476 (FL only)

SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only)

On the Internet at: WaterMatters.org

An Equal

Opportunity

Employer

Bartow Service Office 170 Century Boulevard

Bartow, Florida 33830-7700

(863) 534-1448 or 1-800-492-7862 (FL only)

Sarasota Service Office 78 Sarasota Center Boulevard

Sarasota, Florida 34240-9770

(941) 377-3722 or 1-800-320-3503 (FL only)

Tampa Service Office 7601 Highway 301 North

Tampa, Florida 33637-6759

(813) 985-7481 or 1-800-836-0797 (FL only)

October 26, 2022

Hillsborough County Public Works

Attn: Sandra Gonzalez 601 E. Kennedy Blvd.

Tampa, FL 33602

Subject: Notice of Agency Action - Approval

ERP Minor Modification

Project Name: N. Himes Ave Intersection Improvement Projects at Busch Blvd and

Waters Ave

App ID/Permit No:

County:

856011 / 43040326.001

Hillsborough

Letter Received: September 06, 2022

Expiration Date: October 26, 2027

Sec/Twp/Rge: S21/T28S/R18E, S28/T28S/R18E, S22/T28S/R18E, S27/T28S/R18E

Dear Permittee(s):

The Southwest Florida Water Management District (District) is in receipt of your application for the Environmental Resource Permit modification. Based upon a review of the information you submitted, the application is approved.

This modification to Management and Storage of Surface Waters (MSSW) Permit No. 40002095.000 and

Environmental Resource Permit (ERP) No. 44040326.000 authorizes the following:

1. Milling and resurfacing at the intersection of Waters Avenue and Himes Avenue, milling and resurfacing of

Himes Avenue, between Colwell Avenue and Busch Boulevard, construction of a right turn lane on Himes

Avenue to Waters Avenue, construction of a right turn lane on Waters Avenue to Himes Avenue, and right turn lane widening on Himes Avenue, between Colwell Avenue and Busch Boulevard. The proposed construction is consistent with the criteria of Rule 62-330.051(4)(c), F.A.C. and formal water quality treatment and attenuation are not required.

2. All other terms and conditions of Permit No. 40002095.000, dated September 8, 1987 and entitled Hills.

Co.-Waters Ave. Road Imp, and Permit No. 44040326.000, dated May 25, 2011, and entitled FDOT-Busch Blvd

(SR 580) from Dale Mabry to E of Armenia, apply.

Please refer to the attached Notice of Rights to determine any legal rights you may have concerning the District's agency action on the permit application described in this letter.

If approved construction plans are part of the permit, construction must be in accordance with these plans.

These drawings are available for viewing or downloading through the District's Application and Permit Search Tools located at www.WaterMatters.org/permits.

Page 2 App ID/Permit No:856011 / 43040326.001 October 26, 2022

The District's action in this matter only becomes closed to future legal challenges from members of the public if such persons have been properly notified of the District's action and no person objects to the District's action within the prescribed period of time following the notification. The District does not publish notices of agency action. If you wish to limit the time within which a person who does not receive actual written notice from the District may request an administrative hearing regarding this action, you are strongly 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. Publishing notice of agency action will close the window for filing a petition for hearing. Legal requirements and instructions for publishing notices of agency action, as well as a noticing form that can be used, are available from the District's website at www.WaterMatters.org/permits/noticing. If you publish notice of agency action, a copy of the affidavit of publication provided by the newspaper should be sent to the District's Tampa Service Office for retention in this permit's File of Record.

If you have any questions or concerns regarding your permit or any other information, please contact the

Environmental Resource Permit Bureau in the Tampa Service Office.

Sincerely, David Kramer, P.E.

Bureau Chief

Environmental Resource Permit Bureau

Regulation Division

Enclosures: Notice of Rights

Notice of Rights

ADMINISTRATIVE HEARING

1. You or any person whose substantial interests are or may be affected by the District's intended or proposed action may request an administrative hearing on that action by filing a written petition in accordance with

Sections 120.569 and 120.57, Florida Statutes (F.S.), Uniform Rules of Procedure Chapter 28-106, Florida

Administrative Code (F.A.C.) and District Rule 40D-1.1010, F.A.C. Unless otherwise provided by law, a petition for administrative hearing must be filed with (received by) the District within 21 days of receipt of written notice of agency action. "Written notice" means either actual written notice, or newspaper publication of notice, that the

District has taken or intends to take agency action. "Receipt of written notice" is deemed to be the fifth day after the date on which actual notice is deposited in the United States mail, if notice is mailed to you, or the date that actual notice is issued, if sent to you by electronic mail or delivered to you, or the date that notice is published in a newspaper, for those persons to whom the District does not provide actual notice.

2. Pursuant to Subsection 373.427(2)(c), F.S., for notices of intended or proposed agency action on a consolidated application for an environmental resource permit and use of state-owned submerged lands concurrently reviewed by the District, a petition for administrative hearing must be filed with (received by) the

District within 14 days of receipt of written notice.

3. Pursuant to Rule 62-532.430, F.A.C., for notices of intent to deny a well construction permit, a petition for administrative hearing must be filed with (received by) the District within 30 days of receipt of written notice of intent to deny.

4. Any person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days of receipt or other period as required by law waives the right to request a hearing on such matters.

5. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding District intended or proposed action is not available prior to the filing of a petition for hearing.

6. A request or petition for administrative hearing must comply with the requirements set forth in Chapter 28-106, F.A.C. A request or petition for a hearing must: (1) explain how the substantial interests of each person requesting the hearing will be affected by the District's intended action or proposed action, (2) state all material facts disputed by the person requesting the hearing or state that there are no material facts in dispute, and (3) otherwise comply with Rules 28-106.201 and 28-106.301, F.A.C. Chapter 28-106, F.A.C. can be viewed at www.flrules.org or at the District's website at www.WaterMatters.org/permits/rules.

7. A petition for administrative hearing is deemed filed upon receipt of the complete petition by the District Agency

Clerk at the District's Tampa Service Office during normal business hours, which are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding District holidays. Filings with the District Agency Clerk may be made by mail, hand-delivery or facsimile transfer (fax). The District does not accept petitions for administrative hearing by electronic mail. Mailed filings must be addressed to, and hand-delivered filings must be delivered to, the Agency

Clerk, Southwest Florida Water Management District, 7601 Highway 301 North,Tampa,FL 33637-6759. Faxed filings must be transmitted to the District Agency Clerk at (813) 367-9776. Any petition not received during normal business hours shall be filed as of 8:00 a.m. on the next business day. The District's acceptance of faxed petitions for filing is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation, available for viewing at www.WaterMatters.org/about.

JUDICIAL REVIEW

1. Pursuant to Sections 120.60(3) and 120.68, F.S., a party who is adversely affected by District action may seek judicial review of the District's action. Judicial review shall be sought in the Fifth District Court of Appeal or in the appellate district where a party resides or as otherwise provided by law.

2. All proceedings shall be instituted by filing an original notice of appeal with the District Agency Clerk within 30 days after the rendition of the order being appealed, and a copy of the notice of appeal, accompanied by any filing fees prescribed by law, with the clerk of the court, in accordance with Rules 9. 110 and 9.190 of the Florida

Rules of Appellate Procedure (Fla. R. App. P.). Pursuant to Fla. R. App. P. 9.020(h), an order is rendered when a signed written order is filed with the clerk of the lower tribunal.