32-Attachment D - Permit - 46142473 1stAveNW EPC MWP 74942 Exp 01.31.2026.pdf
PDF 12 MB Posted
- Solicitation number
- IFB-26-00085
- Issued by
- Hillsborough County, Florida
About this file
This is a Minor Work Permit issued by the Environmental Protection Commission of Hillsborough County on behalf of the Tampa Port Authority to Hillsborough County Capital Programs Department for the replacement of two outfall pipes and associated activities at 121 2nd Street NW, Ruskin, Florida 33570. The project includes construction of two endwalls, minor dredging, and installation of a clean concrete rubble spill pad within wetlands and surface waters under Tampa Port Authority jurisdiction. The permit was issued on January 31, 2023, and expires on January 31, 2026. The permittee's agent is Plummer (formerly Watermark Engineering Group, Inc.), with project manager Phong Nguyen. Construction activities are authorized within the boundaries and parameters defined in the attached permit exhibits A-4 through A-15, which include drainage maps, roadway plans, cross-sections, stormwater pollution prevention plans, and temporary traffic control plans.
The permit contains extensive specific conditions governing outfall construction, dredging operations, concrete rubble spill pad installation, and endwall construction, along with general conditions addressing erosion control, turbidity management, manatee protection, and compliance with federal, state, and local regulations. Dredging is limited to a depth not exceeding approximately two feet below Mean Low Water or -1.48 feet NAVD, with spoil disposal authorized at 13000 US Highway 41 South, Tampa, Florida 33534. All dredging operations must be conducted during daylight hours and high tide conditions only, with mandatory turbidity curtains and a minimum 48-hour advance notification requirement to the EPC Wetlands Management Division. Manatee protection measures are required throughout construction, including speed restrictions on vessels, monitoring protocols, and mandatory signage. The permit is valid only for the specific activities and project scope described and does not relieve the permittee from obtaining additional permits from Hillsborough County Building and Construction Services Department, the City of Tampa, or other applicable jurisdictions.
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Text version
COMMISSION
Joshua Wostal CHAIR Harry Cohen VICE-CHAIR Donna Cameron Cepeda Ken Hagan Pat Kemp Gwendolyn “Gwen” W. Myers Michael Owen
DIRECTORS
Janet D. Lorton EXECUTIVE DIRECTOR Elaine S. DeLeeuw ADMIN DIVISION Sam Elrabi, P.E. WATER DIVISION Diana M. Lee, P.E. AIR DIVISION Rick Muratti, Esq. LEGAL DEPT Steffanie L. Wickham WASTE DIVISION Sterlin Woodard, P.E. WETLANDS DIVISION
Environmental Excellence in a Changing World Environmental Protection Commission - Roger P. Stewart Center
3629 Queen Palm Drive, Tampa, FL 33619 - (813) 627-2600 - www.epchc.org
January 6, 2023
Hillsborough County Capital Programs Department (Sent via email) c/o Sandra Gonzalez, Design Manager gonzalezsa@hillsboroughcounty.org 601 E. Kennedy Boulevard, 22nd Floor Tampa, FL 33602
Dear Ms. Gonzalez:
This Intent to Issue the Minor Work Permit (Permit) for replacement of two (2) outfall pipes and associated activities is issued to the Hillsborough County Capital Programs Department (Permittee) by the Environmental Protection Commission of Hillsborough County (EPC) on behalf of the Tampa Port Authority (TPA). The TPA delegated this regulatory authority to the EPC in 2009. Please review this document and attachments carefully, paying particular attention to the conditions and approved drawings. NO CONSTRUCTION ACTIVITY SHALL OCCUR in wetlands or other surface waters until January 31, 2022.
The EPC reserves the right to stop this Permit from becoming effective under any of the following circumstances: (1) if the EPC revokes the Permit pursuant to Section 1-2.052, Rules of the EPC; (2) if a “Notice of Appeal” or “Request for Extension of Time to File a Notice of Appeal” under Part IV of Section 1-2, Rules of the EPC (See NOTICE OF RIGHTS) is timely filed; or (3) if any applicable Federal governmental agency objects to verification that the activity qualifies for the United States Army Corp’s of Engineers’ State Programmatic General Permit. The Permittee shall be noticed in writing if any of these occur. No construction activity may occur until such time as the issue is resolved and the Permit becomes effective. It is possible in some circumstances for the Permit to be challenged after the initial construction date. Please contact the EPC Legal Department if you have any questions regarding this process.
This Permit authorizes the above named permittee, hereinafter referred to as the Permittee, to perform the described work on wetlands and/or other surface waters, on or adjacent to
Permittee: HILLSBOROUGH COUNTY CAPITAL PROGRAMS
DEPARTMENT
Permit Number: 74942 Type of Permit: INTENT TO ISSUE MINOR WORK PERMIT FOR THE
REPLACEMENT OF TWO (2) OUTFALL PIPES AND
ASSOCIATED ACTIVITIES
Project Address: 121 2ND ST NW, RUSKIN, FL 33570 Issuance Date: JANUARY 31, 2023 Expiration Date: JANUARY 31, 2026
Permit No. 74942 submerged lands under the regulatory or proprietary jurisdiction of the TPA. This Permit addresses activities regulated under the TPA Submerged Lands Management Rules and EPC Wetland Rule Chapter 1-11, Rules of the EPC. This work shall be accomplished in accordance with the general and specific conditions contained in this Permit. This Permit shall expire on the date noted in this Permit and shall be valid until it expires or such time as it is amended, replaced, or revoked in writing.
Acceptance of this Permit constitutes acceptance of all the attached conditions and the project drawings. Compliance with all conditions is necessary for the Permit to be considered valid.
Should you have objections to any of these conditions, please see the attached NOTICE OF RIGHTS detailing the appeal process.
Sincerely, Sterlin K. Woodard, P.E. – Division Director EPC Wetlands Division
Mpg/ Enclosures ec:
Corporal Marc Wilder – mwilder@teamhcso.com Brenda Greenwald – greenwaldb@hcpafl.org SWFWMD – ERPAgencyCoordination@swfwmd.state.fl.us Plummer – pnguyen@plummer.com cc: Anna Mortellaro and Steven La Garde Florida Department of Transportation
Janet D. Lorton, Executive Director
P E R M I T
PERMIT NUMBER: 74942
PERMITTEE: HILLSBOROUGH COUNTY CAPITAL PROGRAMS
DEPARTMENT
601 E. KENNEDY BOULEVARD, 22ND FLOOR
TAMPA, FL 33602
AGENT: PLUMMER, FKA WATERMAKR ENGINEERING GROUP, INC.
PHONG NGUYEN
3868 SUN CITY CENTER BOULEVARD, 2ND FLOOR
SUN CITY CENTER, FL 33573
PROJECT DESCRIPTION: REPLACEMENT OF TWO (2) OUTFALL PIPES AND
ASSOCIATED ACITIVITIES PURSUANT TO PERMIT
EXHIBITS AND CONDITIONS
PROJECT LOCATION: 121 2ND ST NW, RUSKIN, FL 33570 / RUSKIN INLET
DATE OF ISSUE: JANUARY 31, 2023
EXPIRATION DATE: JANUARY 31, 2026
THIS PERMIT CARD SHALL BE
PROMINENTLY DISPLAYED AT THE
WORKSITE. FOR QUESTIONS CALL THE
WETLANDS DIVISION (813) 627-2600.
ENVIRONMENTAL PROTECTION COMMISSION
MINOR WORK PERMIT No. – 74942
SPECIFIC CONDITIONS
JANUARY 31, 2023
1. This Permit authorizes the replacement of two outfall pipes and associated activities, including the construction of two (2) endwalls, minor dredging, and the installation of a clean concrete rubble spill pad.
2. Be advised, if the proposed activity approved by this Permit is altered, a modification to this Permit with applicable application and fee may be required. Modifications include, but are not limited to, changes to the footprint of the proposed activity or adding structures such as:
floating vessel platforms, floating docks, roofs, canopy covers, personal watercraft (PWC) lifts, etc. Modifications require review by EPC.
3. Mangrove trimming or removal is limited to the minimum extent necessary to accommodate the permitted activity only. Any additional trimming, removal, or alteration of mangroves would require separate review by the EPC, pursuant to Chapter 1-14, Rules of the EPC (Mangrove Trimming and Preservation). This request may be submitted to the EPC through the Mangrove Trimming application or the WEA10-Notice of Exempt Activities in Wetlands form obtained from the EPC website at www.epchc.org. Contact the EPC Wetlands Division at 813-627-2600 for questions.
4. This Permit does not authorize the placement of pilings or any other structures extraneous to the construction of the outfall pipes.
5. This authorization shall not cause offsite adverse impacts, including flooding, or otherwise affect the local hydrology so as to adversely affect other wetlands.
6. Operation of all construction equipment and storage of construction materials, outside of the approved project area, shall be confined to upland areas or to vessels operating in surface waters of sufficient depth only. The wetland areas outside of the project boundaries shall remain undisturbed.
7. All construction related debris must be removed from the wetland area upon completion of construction.
8. This permit does not allow for any portion of the wetland conservation area to be maintained free of vegetation.
9. The enclosed Permit Card shall be conspicuously displayed at the project site once work on this project has been initiated and shall remain so displayed until the project has been completed. Within fifteen (15) days of completion of this project, EPC is to be notified via email wetlandscompliance@epchc.org.
OUTFALL CONSTRUCTION SPECIFIC CONDITIONS
10. The structure shall be constructed as depicted per EPC approved Permit exhibits A-4, A-6, A-7, A-11, A-12, and A-13.
11. The structure shall be placed within the property limits as depicted per EPC approved Permit exhibits A-4, A-6, A-11, A-12, and A-13.
12. Removal of the existing outfall pipes must be accomplished in a manner so that all debris is properly disposed of and the release of turbid water offsite is prevented.
13. Watercraft associated with the construction of the permitted structure shall operate within the waters of sufficient depth to preclude bottom scouring/prop dredging.
14. During the rehabilitation of each outfall structure, a floating turbidity curtain shall be deployed waterward of the work site and attached from adjacent shoreline to adjacent shoreline to completely encircle the work area. The turbidity curtain must remain in place until the work has ceased and any resultant construction-related turbidity has settled out.
These measures should be removed as soon as water quality returns to sustainable background levels and / or all areas of disturbed soils are stabilized.
15. Upon completion of work, an “As-built” cross-section plan shall be submitted to EPC staff.
DREDGING SPECIFIC CONDITIONS
16. No dredging may commence until the contractor information and method of dredging is submitted to EPC staff. EPC retains the right to request modifications to the method of dredging if it does not meet rule criteria.
17. If the spoil material disposal site changes, EPC staff shall be notified prior to any work commencing. EPC retains the right to request documentation confirming that any alternative disposal site has been properly permitted.
18. The dredging shall occur within the area depicted per EPC approved Permit exhibits A-4 and A-6.
19. The dredging shall occur at the depth and volume depicted per EPC approved Permit exhibits A-7 and A-15.
20. All dredging will be to obtain a project depth not to exceed approximately two (2) feet below Mean Low Water or approximately –1.48 feet NAVD within the location depicted in the exhibits of this Permit.
21. This Permit authorizes dredging only as depicted on approved Permit exhibits.
22. The Permittee acknowledges that any future dredging requirements waterward of his/her property boundaries are solely the responsibility of the upland property owner or successor and that they may require future government authorization. The Permittee further acknowledges that neither the Environmental Protection Commission nor the Tampa Port Authority is responsible for such dredging.
23. The exhibits of this Permit authorize dredging adjacent to an existing dock as requested by the Permittee. Acceptance of this Permit acknowledges that the Permittee shall hold the Environmental Protection Commission and the Tampa Port Authority harmless for any damages to the Permittee’s existing dock structure along the Permittee’s property boundary resulting from maintenance dredging authorized by this Permit.
24. All dredging shall be limited to daylight hours and shall occur only within the location and depth depicted in the exhibits of this Permit.
25. All barge based dredging shall be conducted during high tide conditions only to prevent impacts to any submerged aquatic resources during movement to/from or within the project site.
26. All dredging equipment, including floating turbidity barriers, shall be appropriately marked with reflectors, reflective tape, or whatever is necessary to make the extent of the structures clearly visible to recreational boaters during periods of low visibility in accordance with the requirements of the United States Coast Guard and the Florida Fish & Wildlife Conservation Commission.
27. Turbidity curtain(s) must be deployed around the perimeter of the dredging area to prevent water quality violations. The turbidity curtain(s) must remain in place until all dredging has ceased and sediments have settled out of the water column and must be marked with reflectors or reflective tape. Once water quality returns to sustainable background levels, all control measures must be removed.
28. The Permittee shall not cause, let, permit, suffer or allow the discharge into the atmosphere of any pollutant from any of their dredging equipment or activities that causes or tends to cause or to contribute to an objectionable odor or nuisance in accordance with Chapter 1-3.22, Paragraph 3, Rules of the EPC and Section 16, Chapter 84-446, Laws of Florida. The following is a list of air pollution control methods the Permittee may utilize to minimize emissions:
a. Pumping the slurry into an aeration tank or basin prior to final discharge (outfall), or
b. Using an air stripper or wet scrubber to control the captured gases, or
c. Collecting and venting of the exhaust gases to an incinerator, or
d. Using caustics or masking agents at the discharge (outfall), or
e. Limiting the hours of operation of the discharge pumps to daytime when the natural dispersion of odors is better and most citizens are at work, or
f. Implementing any combination of the above control procedures.
Please contact the EPC Air Division to inquire if any of the above procedures require an air pollution permit. In addition, the Permittee shall keep in service and maintain any air pollution control equipment in good repair and maintain records of the occurrence and duration of any startup, shutdown, or malfunction of the control equipment utilized in accordance with Sections 1-1.06 and 1-1.04(1), Rules of the EPC. These records shall be kept on site, and made available to representatives of the EPC for inspection and/or copying for the duration of the project. The odor control measures required by the EPC Air Division must be implemented throughout the sediment removal process.
29. No leakage, spillage or overflow of dredge spoil shall be allowed from the conveyance pipeline to the dewatering roll-off containers.
30. No leakage, spillage, or overflow of dredge material shall be allowed from any roll-off containers or dump trucks during transport to the final disposal site, the property located at 13000 US Highway 41 South, Tampa, FL 33534 as authorized by the exhibits of this Permit.
It shall be the sole responsibility of the applicant and/or responsible parties to ensure that dredge material which is destined for off-site disposal be disposed in accordance with applicable federal, State and local law at an appropriately permitted, authorized or approved disposal site or facility. It shall further be the sole responsibility of the applicant and/or responsible parties to ensure that dredge material which is destined for off-site reuse shall meet the applicable and appropriate criteria of the Residential Soil Cleanup Target Levels pursuant to Chapter 62-777, Florida Administrative Code. In the event that dredge material is to be reused or otherwise deposited on-site and upon land owned by or under the legal control of the applicant and/or responsible parties, the applicant and/or responsible parties shall assume any and all responsibility associated with the presence of contaminants and the potential for and the results of the discharge, release, or escape of those contaminants to soils, groundwater or surface water either on-site or off-site. In order to demonstrate compliance with regulations pertaining to odors and in order to minimize odors, the Permittee shall use reasonable precautions, which may include, but not be limited or to contribute to an objectionable odor or nuisance in accordance with Section 1-3.22(3), Rules of the EPC and Section 16, Chapter 84-446, Laws of Florida.
31. The Permittee shall notify the Wetlands Management Division of the Environmental Protection Commission via email at EPC-Wetlandspermit@epchc.org a minimum of 48 hours prior to the commencement of any maintenance dredging operations authorized under this Permit and upon completion of the event. All notifications shall include the area(s) where the dredging operations will or has occurred.
CONCRETE RUBBLE SPILL PAD CONSTRUCTION SPECIFIC CONDITIONS
32. The structures shall be constructed as depicted per EPC approved Permit exhibits A-4, A-6, and A-7.
33. The material shall be placed within the property limits as depicted per EPC approved
Permit exhibits A-4 and A-6.
34. During the installation of the material, a floating turbidity curtain and/or silt fence shall be deployed waterward of the work site and attached from adjacent shoreline to adjacent shoreline. The turbidity curtain/silt fence must remain in place until the work has ceased and any resultant construction-related turbidity has settled out. These measures should be removed as soon as water quality returns to sustainable background levels and/or all areas of disturbed soils are stabilized.
35. The horizontal distance from the toe of the endwall must be no more than 8 feet as depicted per EPC approved exhibit A-7.
36. The material shall consist entirely of clean concrete rubble or natural boulders. No reinforcing rods or other similar protrusions in concrete rubble shall be exposed and the rip-rap material shall be free of attached sediments. The use of asphalt or other organic materials is prohibited.
ENDWALL CONSTRUCTION SPECIFIC CONDITIONS
37. The endwalls shall be constructed as depicted per EPC approved Permit exhibits A-4, A-6, and A-7.
38. The endwalls shall be placed within the property limits as depicted per EPC approved
Permit exhibits A-4 and A-6.
39. The new endwalls will be placed landward of the existing mean high water line, as depicted per EPC approved Permit exhibits A-4 and A-6.
40. During the installation of the endwall, a floating turbidity curtain and/or silt fence shall be deployed waterward of the work site and attached from adjacent shoreline to adjacent shoreline. The turbidity curtain/ silt fence must remain in place until the work has ceased and any resultant construction-related turbidity has settled out. These measures should be removed as soon as water quality returns to sustainable background levels and / or all areas of disturbed soils are stabilized.
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT JURISDICTION
Authorization for the proposed activity may be required from the Southwest Florida Water Management District (SWFWMD) as the site is located within an area that was issued under an Environmental Resource Permit. For additional information please contact Al Gagne at
(813) 985-7481 ext. 4352.
GENERAL CONDITIONS FOR MINOR WORK PERMIT
1. Please be advised Hillsborough County Building and Construction Services Department may require a separate Permit. Please call (813) -272-5600 for further information. Similarly, be advised that the proposed activity may require a building Permit from the City of Tampa.
Please call (813) 274-3100 for further information on the permitting process. Similarly, if located within the City of Plant City or Temple Terrace please contact their respective permitting departments for additional information. If the plans approved by this Permit change as a result of any of the municipality’s review, a revision to this Permit will be required.
2. Although not addressed by this agency, more stringent criteria than those detailed in this Permit may be applicable pursuant to deed restrictions. If the Permittee is part of a homeowners association, it is strongly encouraged that representatives of the homeowners association be contacted for more information prior to initiation of any construction activities authorized by this Permit. This Permit does not relieve the Permittee from the requirements of any applicable deed restrictions.
3. The Permittee must comply with the following manatee protection construction conditions:
a. Instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel are responsible for observing water-related activities for the presence of manatee(s).
b. Advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection act of 1972, The Endangered Species Act of 1973 (ESA), and the Florida Manatee Sanctuary Act.
c. Ensure all/any siltation barriers shall be made of material in which manatees cannot become entangled, are properly secured, and are regularly monitored to avoid manatee entrapment.
Barriers must not block manatee entry to or exit from essential habitat.
d. Ensure all vessels associated with the construction project shall operate at "no wake/idle" speeds at all times while in the construction area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.
e. If manatee(s) are seen within 100 yards of the active daily construction/dredging operation or vessel movement, ensure all appropriate precautions shall be implemented to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 50 feet of a manatee. Operation of any equipment closer than 50 feet to a manatee shall necessitate immediate shut down of that equipment. Activities will not resume until the manatee(s) has departed the project area of its own volition.
f. Ensure any collision with and/or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission at FWC Hotline at 1-888-404-FWCC and to the U. S. Fish and Wildlife Service, Jacksonville Office (1-904-232-2580) for north Florida or the Vero Beach Office (1-772-562-3909) for south Florida.
g. Ensure temporary signs concerning manatees shall be posted prior to and during all construction/dredging activities. Ensure all signs are removed upon completion of the project. A sign measuring at least 3 ft. by 4 ft. which reads “Caution: Manatee Area” will be posted in a location prominently visible to water-related construction crews. A second sign shall be posted if vessels are associated with the construction, and shall be placed visible to the vessel operator. The second sign shall be at least 8.5" by 11" which reads “Caution:
Manatee Habitat.” Idle speed is required if operating a vessel in the construction area.
4. All efforts must be undertaken to prevent any erosion or turbid water from being discharged offsite into wetlands and/or waters of the County. Turbid discharges that exceed 29 NTU's (Nephelometric Turbidity Units) above background levels are a violation pursuant to Chapter 1- 5, Rules of the EPC (Water Quality Standards). The erosion or discharge of sediments into wetlands is a violation of Chapter 1-11, Rules of the EPC (Wetlands). Silt screens, floating turbidity curtains or other methods of erosion/turbidity control may be required. It is the responsibility of the owner/developer to insure the installation of adequate erosion control barriers prior to the commencement of any site work. These erosion control devices must be maintained in good condition throughout the construction process and until all loose soils have stabilized. Once the water quality has returned to sustainable background levels and/or all areas of exposed soils have been stabilized, all control methods must be removed. It is strongly recommended that all erosion control devices be regularly inspected during construction and modified if conditions warrant.
5. If the approved Permit drawings and the attached conditions contradict each other, then the Specific Conditions shall prevail.
6. The proposed work shall be done in accordance with the approved drawings which are attached and incorporated as exhibits.
7. The Permittee grants access to the property so that EPC can inspect the site to ensure compliance with the Permit.
8. The proposed work shall be done so as to prevent interference with the riparian or property rights of the adjacent property owners. This Permit authorizes no trespass or invasion of private property.
9. This Permit does not convey to the Permittee or create in the Permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the Permittee, or convey any rights or privileges other than those specified in this Permit and Chapter 1-11 or other applicable rules.
10. This approval applies only to the development proposal as submitted, and in no way does it provide EPC approval to any other aspect of the review process. This Permit does not relieve the Permittee from the requirement of obtaining permits from other applicable federal, state, and local agencies, as required.
11. The Permittee, in accepting this Permit, agree to comply with the provisions and conditions herein and assumes all responsibilities and liability and agrees to hold the EPC and the Tampa Port Authority harmless from any and all claims of damage arising out of operations conducted pursuant to this Permit.
12. The Permittee shall operate and maintain the authorized structure in such a manner so as to prevent the creation of any navigation hazards, unauthorized source of air or water pollution, hazard to public health and safety, or so as to unduly interfere with the public's use of the waterway.
13. The EPC reserves the right to revoke this Permit upon written notice to the Permittee in accordance with Section 1-2.052, Rules of the EPC.
14. Construction materials, debris, or other trash will not be allowed to escape into the water, at any time during or after construction. Such materials are to be disposed of in an approved manner, i.e., upland disposal facility, appropriate trash receptacles, etc.
15. It shall be the responsibility of the Permittee to submit a renewal application request 30 days prior to the expiration date.
16. Any activity interfering with the integrity of a wetland, such as clearing, excavating, draining or filling, without the written authorization from the Executive Director of the EPC or an authorized agent, pursuant to Section 1-11.07, Rules of the EPC, would be a violation of Section 17 of the Environmental Protection Act of Hillsborough County, Chapter 84-446, and Chapter 1- 11, Rules of the EPC.
NOTICE OF RIGHTS
Pursuant to Section 9 of the Hillsborough County Environmental Protection Act, Chapter 84-446, as amended, Laws of Florida, (EPC Act), Rule 1-2.30, Rules of the Environmental Protection Commission of Hillsborough County (EPC), and the Interlocal Agreement with the Tampa Port Authority dated June 23, 2009, any person whose interests are protected by Chapter 84-446, Laws of Florida and who is adversely affected or otherwise aggrieved by this action has the right to appeal this Permit. Written Notice of Appeal for a Section 9 Administrative Hearing must be received by the EPC Commission Chair, c/o EPC Legal Department, 3629 Queen Palm Dr., Tampa, Florida 33619 or via electronic mail at legalclerk@epchc.org or via facsimile at (813) 627-2602, within twenty (20) days of receipt of this notice. Pursuant to Section 1-2.30(c), Rules of the EPC, a Notice of Appeal must include the following information:
(1) The name, address, and telephone number of the Appellant; the name, address, and telephone number of the Appellant's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the Appellant will be aggrieved or how his or her interests will be adversely affected by the Executive Director’s decision;
(2) A statement of when and how the Appellant received notice of the agency decision;
(3) A statement of all disputed issues of material fact. If there are none, the Notice of Appeal must so indicate;
(4) The specific facts the Appellant contends warrant reversal or modification of the Executive Director's proposed action;
(5) A statement of the specific laws or rules the Appellant contends require reversal or modification of the Executive Director's proposed action; and
(6) A statement of the relief sought by the Appellant, stating precisely the action Appellant wishes the Commission to take with respect to the Executive Director's proposed action or decision.
Pursuant to Section 1-2.31, Rules of the EPC, you may request additional time to file a Notice of Appeal by filing a REQUEST FOR EXTENSION OF TIME TO FILE A NOTICE OF APPEAL.
The Request for Extension of Time must include a statement when and how the Appellant received notice of the agency decision and a statement why good cause exists for the extension. The Request must be sent to and received by the EPC Legal Department at the address, e-mail, or fax noted above within twenty (20) calendar days of receipt of this notice. By submitting a “Notice of Appeal” or a “Request for Extension of Time to file a Notice of Appeal” via e-mail, you are agreeing to service and receipt of correspondences via e-mail at the originating e-mail address identified in the e-mail submission.
This Order is FINAL unless the party timely files, pursuant to Chapter 1-2, Part IV, Rules of the EPC, a Notice of Appeal or files a Request for Extension of Time to file a Notice of Appeal for a formal hearing. Pursuant to Section 1-2.31(e), Rules of the EPC, failure to request an administrative hearing by filing a Notice of Appeal within twenty (20) days after receipt of this Order shall constitute a WAIVER of one's right to have an appeal heard, and this unappealed Order shall automatically become a final and enforceable Order of the Commission.
Upon receipt of a sufficient Notice of Appeal for a Section 9 Administrative Hearing an independent hearing officer will be assigned. The hearing officer will schedule the appeal hearing at the earliest reasonable date. Following an evidentiary hearing, the hearing officer will render his/her decision as a recommendation before the EPC. Pursuant to Section 1-2.35, Rules of the EPC, the EPC will take final agency action on the findings of fact and conclusions of law of the hearing officer. A written decision will be provided by the EPC, which affirms, reverses or modifies the hearing officer’s decision. Should this final administrative decision still not be in your favor, you may seek review in accordance with Section 9 of the Hillsborough County Environmental Protection Act, Chapter 84-446, as amended, Laws of Florida, and the Administrative Procedure Act, Chapter 120, part II, Florida Statutes, 1961 by filing an appeal under rule 9.110 of the Florida Rules of Appellate Procedure, with the clerk of the Environmental Protection Commission, EPC Legal Department, 3629 Queen Palm Dr., Tampa, FL 33619, and filing a notice of appeal accompanied by the applicable filing fee with the Second District Court of Appeal within 30 days from the date of the final administrative decision becoming an order of the EPC.
Copies of EPC rules referenced in this Order may be examined at any EPC office, may be found on the internet site for the agency at http://www.epchc.org or may be obtained by written request to the EPC Legal Department at 3629 Queen Palm Dr., Tampa, FL 33619.
RECOMMENDED PUBLICATION: It is recommended that the Permittee publish at their own expense the following notice of this agency action in a newspaper of general circulation in Hillsborough County, Florida for a minimum of one day so as to provide constructive notice to potentially aggrieved parties. It is also RECOMMENDED THAT NO WORK within jurisdictional surface waters occur until after the time period for challenging this decision has expired:
ENVIRONMENTAL PROTECTION COMMISSION OF HILLSBOROUGH COUNTY
NOTICE OF MINOR WORK PERMIT
The Environmental Protection Commission of Hillsborough County gives notice of agency action of issuance of a Minor Work Permit to replace two (2) outfall pipes and other associated activities to the Hillsborough County Capital Programs Department pursuant to Chapter 84-446, Laws of Florida, as amended and delegation agreement with the Tampa Port Authority. The EPC/Minor Work Permit addresses approval for impacts to jurisdictional surface water located at 121 2nd St NW, Ruskin, FL 33570. The Permit is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Environmental Protection Commission, 3629 Queen Palm Dr., Tampa, Florida 33619. Pursuant to Section 9, Chapter 84-446, Laws of Florida, and Rule 1-2.30, Rules of the EPC, any person whose interests protected by Chapter 84-446, Laws of Florida, are adversely affected by this action or are otherwise aggrieved by this action, has the right to appeal the Permit in accordance with Part IV of Rule 1-2, Rules of the EPC which will be found within the “Notice of Rights” included with the issued Permit. Written notice of appeal must be received by the EPC Commission Chair, c/o EPC Legal Department, 3629 Queen Palm Dr., Tampa, Florida 33619 or via electronic mail at legalclerk@epchc.org or via facsimile at (813) 627-2602, within 20 days of the date of this publication. Failure to file a notice of appeal within that time shall constitute a WAIVER of one’s right to file an appeal.
RECEIVED
DEC 2022
EPC of H.C.
WETLANDS
NOV 3, 2022
74942
EPC
PERMIT
EXHIBIT
A-1 MPG
111 1ST AVE NW CULVERT REPLACEMENT
SIGNATURE SHEET
Haylee C La Torre Digitally signed by Haylee C La Torre DN: CN=Haylee C La Torre, dnQualifier=A01410D00000184681C80740006007A, O=WATERMARK ENGINEERING GROUP INC., C=US
Date: 2022.12.08 16:50:11-05'00'
RECEIVED
DEC 2022
EPC of H.C.
WETLANDS NOV 3, 2022
A-2 MPG
SUMMARY OF PAY ITEMS
RECEIVED
DEC 2022
EPC of H.C.
WETLANDS
NOV 3, 2022
A-3 MPG
T
V V
111 1ST AVE NW CULVERT REPLACEMENT
DRAINAGE MAP
RECEIVED
DEC 2022
EPC of H.C.
WETLANDS
NOV 3, 2022
A-4 MPG
NOTES:
1. NO UNDERGROUND INSTALLATIONS OR IMPROVEMENTS HAVE BEEN LOCATED, EXCEPT AS NOTED.
2. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHTS OF WAY, AND/OR OWNERSHIP WERE
FURNISHED TO THIS SURVEYOR, EXCEPT AS SHOWN.
3. UNLESS OTHERWISE SHOWN HEREON, NO JURISDICTIONAL WETLAND AREAS OR OTHER TOPOGRAPHIC
FEATURES HAVE BEEN LOCATED.
4. THIS OFFICE DID NOT PERFORM A TITLE SEARCH OF THE PUBLIC RECORDS TO VERIFY OR CONFIRM
OWNERSHIP NOR WAS ONE PROVIDED BY THE CLIENT.
5. COORDINATES SHOWN HEREON ARE GRID COORDINATES, EXPRESSED IN US SURVEY FEET, BASED ON THE
FLORIDA WEST ZONE TRANSVERSE MERCATOR STATE PLANE COORDINATE SYSTEM NAD83 (2011
ADJUSTMENT)
6. ELEVATIONS SHOWN HEREON ARE EXPRESSED IN US SURVEY FEET AND WERE DERIVED FROM
HILLSBOROUGH COUNTY BENCHMARK "LANDMARK," HAVING AN ELEVATION OF 2.882, NAVD88.
7. THIS IS A TOPOGRAPHIC SURVEY OF AREAS REQUESTED BY THE CLIENT.
8. THE LAST DAY OF FIELD WORK WAS SEPTEMBER 13, 2021.
9. THE RIGHT-OF-WAY LINES WERE NOT SURVEYED PER HILLSBOROUGH COUNTY PROJECT MANAGER.
LEGEND:
WOOD BOLLARD
COMMUNICATIONS PEDESTAL
COMMUNICATIONS VAULT
WATER VALVE
WETLANDS FLAG
ABBREVIATIONS:
ADS = TRADE NAME FOR A CORRUGATED PLASTIC PIPE
ELEV = ELEVATION
INV = INVERT
RCP = REINFORCED CONCRETE PIPE
111 1ST AVE NW CULVERT REPLACEMENT
GENERAL NOTES
RECEIVED
DEC 2022
EPC of H.C.
WETLANDS NOV 3, 2022
A-5 MPG
V 1 ST AVENUE NW
CARLYLE BLVD (P)
(ASPHALT)
ST
S
TR
EE
T
3R D
ST
RE
ET
(A
SP
HA
LT
LOT 194
FOLIO No. 055866-0000
PORTIONS OF LOTS 87
THROUGH 90, INCLUSIVE
FOLIO No. 055803-0000
FOLIO No. 056240-0000
MAP OF RUSKIN CITY IN HILLSBOROUGH COUNTY, FLO
PLAT BOOK 5, PAGE 75
8" CONCRETE
HEADWALL
NOTE:
CONFLICTING PIPE SIZES AND
MATERIALS WERE CONFIRMED.
111 1ST AVE NW CULVERT REPLACEMENT
ROADWAY PLAN
RECEIVED
DEC 2022
EPC of H.C.
WETLANDS
NOV 3, 2022
A-6 MPG
CROSS SECTIONS
RECEIVED
DEC 2022
EPC of H.C.
WETLANDS NOV 3, 2022
A-7 MPG
STORMWATER POLLUTION
PREVENTION PLAN
RECEIVED
DEC 2022
EPC of H.C.
WETLANDS NOV 3, 2022
A-8 MPG
PREVENTION PLAN
RECEIVED
DEC 2022
EPC of H.C.
WETLANDS NOV 3, 2022
A-9 MPG
PREVENTION PLAN
RECEIVED
DEC 2022
EPC of H.C.
WETLANDS NOV 3, 2022
A-10 MPG
V 1 ST AVENUE NW
CARLYLE BLVD (P)
(ASPHALT)
ST
S
TR
EE
T
NW
3R
D
ST
RE
ET
(P
(A
SP
HA
LT
LOT 194
FOLIO No. 055866-0000
PORTIONS OF LOTS 87
THROUGH 90, INCLUSIVE
FOLIO No. 055803-0000
FOLIO No. 056240-0000
MAP OF RUSKIN CITY IN HILLSBOROUGH COUNTY, FLORIDA
PLAT BOOK 5, PAGE 75
8" CONCRETE
HEADWALL
NOTE:
CONFLICTING PIPE SIZES AND
MATERIALS WERE CONFIRMED.
111 1ST AVE NW CULVERT REPLACEMENT
TEMPORARY TRAFFIC CONTROL
PLANS
RECEIVED
DEC 2022
EPC of H.C.
WETLANDS NOV 3, 2022
A-11 MPG
1 ST AVENUE NW
CARLYLE BLVD (P)
(ASPHALT)
ST
S
TR
EE
T
NW
3R
D
ST
RE
ET
(P
(A
SP
HA
LT
US
H
W Y
(A
SP
HA
LT
LOT 194
FOLIO No. 055866-0000
PORTIONS OF LOTS 87
THROUGH 90, INCLUSIVE
FOLIO No. 055803-0000
FOLIO No. 056240-0000
MAP OF RUSKIN CITY IN HILLSBOROUGH COUNTY, FLORIDA
PLAT BOOK 5, PAGE 75
8" CONCRETE
HEADWALL
NOTE:
CONFLICTING PIPE SIZES AND
MATERIALS WERE CONFIRMED.
111 1ST AVE NW CULVERT REPLACEMENT
TEMPORARY TRAFFIC CONTROL
PLANS
RECEIVED
DEC 2022
EPC of H.C.
WETLANDS NOV 3, 2022
A-12 MPG
V
111 1ST AVE NW CULVERT REPLACEMENT
UTILITY ADJUSTMENTS
RECEIVED
DEC 2022
EPC of H.C.
WETLANDS NOV 3, 2022
A-13 MPG
SUMMARY OF QUANTITIES
RECEIVED
DEC 2022
EPC of H.C.
WETLANDS NOV 3, 2022
A-14 MPG
To
RECEIVED
NOV 2022
EPC of H.C.
WETLANDS A-15 MPG
File details come from the government source that posted it. Updated .