33-Attachment D - Permit - 46142473 1stAveNW NPDES FLR10WW35-001 Exp 06.07.2029.pdf

PDF 60 KB Posted

Attached to
Lenwood Lane/1st Avenue NW/4th Avenue SE Culvert Replacements
Solicitation number
IFB-26-00085
Issued by
Hillsborough County, Florida

About this file

This is an NPDES Stormwater Permit Acknowledgment Letter issued by the Florida Department of Environmental Protection for a drainage improvement project located at 111 1st Avenue NW in Hillsborough County. The permit authorizes stormwater discharge from large and small construction activities at the project site, identified with Facility ID FLR10WW35-001 and project identification number FLR10WW35-001. The permit became effective June 8, 2024, and will expire June 7, 2029. The permittee is required to implement a stormwater pollution prevention plan (SWPPP), conduct routine inspections, document compliance, and retain all required records at the construction site. The Notice of Intent (NOI) processing fee has been paid in full, and coverage is authorized to discharge stormwater to surface waters in accordance with the Generic Permit for Stormwater Discharge from Large and Small Construction Activities (62-621.300(4)(a)). To terminate coverage prior to the expiration date, the permittee must file a Notice of Termination (NOT) within 14 days of final site stabilization or relinquishment of control.

The permit requires implementation of appropriate construction best management practices (BMPs) and documentation of routine inspections. If the project discharges stormwater to a municipal separate stormwater system (MS4), a copy of the NOI or Acknowledgement Letter must be submitted to the MS4 operator within seven days of receipt. The permittee may renew coverage beyond the expiration date by submitting a new NOI and processing fee no later than two days before the current permit expires. The permit is final and effective unless a timely petition for administrative hearing is filed within 14 days of receipt under Florida Statutes Sections 120.569 and 120.57. Any party to this action has the right to seek judicial review by filing a Notice of Appeal with the Clerk of the Department within 30 days of the permit being filed.

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Text version

June 05, 2024

Haylee Latorre Robert Suess 601 E Kennedy Blvd Fl 22 Tampa, FL 33602 4932

RE: Facility ID: FLR10WW35-001 111 1st Ave NW Drainage Improvement County: Hillsborough

Dear Permittee:

The Florida Department of Environmental Protection has received and processed your Notice of Intent to (NOI) and theUse Generic Permit for Stormwater Discharge from Large and Small Construction Activities accompanying processing fee. This letter acknowledges that:

your NOI is complete;

your processing fee is paid-in-full; and you are covered under the Generic Permit for Stormwater Discharge from Large and Small

(CGP), DEP Document No.Construction Activitiesfrom Large and Small Construction Activities 62-621.300(4)(a).

Your project identification number is . Please include this number on all futureFLR10WW35-001 correspondence to the department regarding this permit.

This letter is your permit; however, this letter does serve as . A copynot verification of permit coverage of the permit language is available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-04265 or by contacting the NPDES Stormwater Notices Center.

Your permit coverage becomes effective and will expire . To terminate yourJune 08, 2024 June 07, 2029 coverage prior to this expiration date, you must file a National Pollutant Discharge Elimination System

, DEP Form 62-621.300(6) (NOT). An NOT must be filed(NPDES) Stormwater Notice of Termination within 14 days of either (a) your final stabilization of the site or (b) your relinquishment of control of the construction activities to a new operator.Terminating coverage under the CGP will also terminate your dewatering operations. You may not exclusively terminate dewatering operation under this form.

Ron DeSantis Governor

Jeanette Nuñez Lt. Governor

Shawn Hamilton Secretary

FLORIDA DEPARTMENT OF

Environmental Protection

Bob Martinez Center 2600 Blair Stone Road

Tallahassee, Florida 32399-2400

To renew your coverage beyond the expiration date, you must submit a new NOI and processing fee to the department no later than days before coverage expires.two

Until your permit coverage is terminated, modified, or revoked, you are authorized to discharge stormwater from the construction site referenced in your NOI to surface waters in accordance with the terms and conditions of the CGP. Some key conditions of the CGP are:

implementation of your stormwater pollution prevention plan (SWPPP);

implementation of appropriate construction best management practices (BMPs);

conducting and documenting routine inspections; and retaining the records required by the permit (including your SWPPP) at the construction site or the alternate location specified in your NOI.

Projects that discharge stormwater associated with construction activity to a municipal separate stormwater system (MS4) shall submit a copy of the NOI or the Acknowledgement Letter within 7 days of receipt to the operator of the MS4.

If you have any questions concerning this Acknowledgment Letter, please contact the NPDES Stormwater Notices Center at (866) 336-6312 or .NPDES-stormwater@dep.state.fl.us

Sincerely, NPDES Stormwater Program Florida Department of Environmental Protection

NOTICE OF RIGHTS

This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application.

Petition for Administrative Hearing

A person whose substantial interests are affected by the department's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following information:

(a) The name and address of each agency affected and each agency's file or identification number, if known;

(b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination;

(c) A statement of when and how the petitioner received notice of the agency decision;

(d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate;

(e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action;

(f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and

(g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action.

The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.

Time Period for Filing a Petition

In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.

Extension of Time

Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the department's action may also request an extension of time to file a petition for an administrative hearing. The department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.

Mediation

Mediation is not available in this proceeding.

Judicial Review

Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of the Department.

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