36-Attachment D - Permits - Exempt - 46142452 Lenwood Ln EPC 77658.pdf

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 Michael Lynch WETLANDS DIVISION Rick Muratti, Esq. LEGAL DEPT Steffanie L. Wickham WASTE DIVISION Sterlin Woodard, P.E. AIR 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

August 22, 2023

SENT VIA EMAIL

Ms. Sandra Gonzalez, Design Manager (gonzalezsa@hillsboroughcounty.org) Hillsborough County Capital Programs Department 601 E Kennedy Blvd.

Tampa, FL 33602

Owner Public Lands EPC Review Number 77658 Type of Permit / Authorization

NOTICED EXEMPTION VERIFICATION

Project Address Lenwood Lane in Tropical Acres South

STR 02-31-20

Folio 290000-0062 Misc. Notes Upland Cut Ditch Wetland

Dear Ms. Gonzalez:

On August 3, 2023, the owner of the subject ditch located in Riverview, filed a written notice of use of a wetland impact noticed exemption. The Wetlands Division staff of the Environmental Protection Commission (EPC) has reviewed the subject noticed exemption, pursuant to the EPC’s Wetland rule, Chapter 1-11, Rules of the EPC (Chapter 1-11). A review of EPC files, aerial photographs, and soils survey data in conjunction with a site inspection on August 7, 2023 indicates that this activity would qualify for a noticed exemption, pursuant to Section 1- 11.11(1)(b)(i). The subject wetland area totals approximately 0.10 acres in size. The exempt wetland is described as an upland cut agricultural ditch located at the crossing of Lenwood Lane southeast of Dagwood Way, within the Tropical Acres South Subdivision. This wetland area shall be exempt from the application of Chapter 1-11 provided the activity is reviewed and approved by other appropriate agencies as necessary. This noticed exemption is subject to the following conditions and limitations:

Conditions:

mailto:gonzalezsa@hillsboroughcounty.org

Sandra Gonzalez

1. This exemption does not apply to wetlands or other surface waters that serve as significant habitat, such as roosting, nesting, or denning areas, for state listed threatened or endangered species.

2. This exemption does not apply to any filling activity using anything other than clean fill as defined in Section 62-701.200(32) or (15), 62-701.730(15), F.A.C.

3. Development under this exemption shall not cause offsite adverse impacts, including flooding, or otherwise affect the local hydrology so as to adversely affect other wetlands.

4. This exemption does not apply to wetlands created, enhanced, or restored as mitigation for wetlands or surface water impacts under a permit issued by the Executive Director, DEP, SWFWMD or United States Army Corps of Engineers.

5. The development under this exemption shall include best management practices for erosion, turbidity and other pollution control to prevent violations of State or County water quality standards.

6. This exemption shall not apply to those artificial wetlands or surface waters which were constructed pursuant to a permit under Part IV, Chapter 373, Florida Statutes.

7. This exemption does not imply exemption from obtaining all proper permits or complying with regulations of other federal, state, or local agencies.

8. Use of the noticed exemption by the specific owner/applicant shall continue to be valid, unless the information provided to the EPC, the project design, laws, or natural resources change so as to render the exemption not applicable. In the event of a change, the person proposing wetland or other surface water impacts must re-notice the EPC prior to performing exempt activities under Section 1-11.11(1)(b)(i).

Sincerely, Richard Batty Lindsay L. Brock Environmental Scientist III Senior Environmental Scientist Wetlands Division Wetlands Division Environmental Protection Commission Environmental Protection Commission of Hillsborough County of Hillsborough County cc: Haylee LaTorre, Plummer ( hlatorre@plummer.com) mailto:hlatorre@plummer.com

NOTICE OF RIGHTS

Pursuant to Section 9 of the Hillsborough County Environmental Protection Act, Chapter 84-446, as amended, Laws of Florida, (EPC Act) and Rule 1-2.30, Rules of the Environmental Protection Commission of Hillsborough County (EPC) any person whose interests are protected by Chapter 84-446, Laws of Florida and who is adversely affected or otherwise aggrieved by this agency action has the right to appeal this agency action.

Written Notice of Appeal for a Section 9 Administrative Hearing must be received by the EPC Legal Department via electronic mail at legalclerk@epchc.org 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, e-mail, and telephone number of the Appellant; the name, address, e-mail, 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 action and a statement why good cause exists for the extension. The Request for Extension of Time must be sent to and received by the EPC Legal mailto:legalclerk@epchc.org

Department at the e-mail 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 agency action 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 agency action shall constitute a WAIVER of one's right to have an appeal heard, and this unappealed agency action shall automatically become a final and enforceable Order of the Commission.

It is recommended that the Applicant 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 authorized by this action occur until after the time period for challenging this decision has expired:

ENVIRONMENTAL PROTECTION COMMISSION OF HILLSBOROUGH

COUNTY

NOTICE OF AGENCY ACTION

The Environmental Protection Commission of Hillsborough County gives notice of agency action of issuance of a Verification to Hillsborough County pursuant to Chapter 84-446, Laws of Florida, as amended. The Verification addresses approval for wetland impacts located at Lenwood Ln. in Riverview. The agency action document/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 decision 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 document. Written notice of appeal must be received by the EPC Legal Department via electronic mail at legalclerk@epchc.org 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.

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 mailto:legalclerk@epchc.org hearing at the earliest reasonable date. Following an evidentiary hearing, the hearing officer will render his/her decision as a recommendation to the EPC Commission.

Pursuant to Section 1-2.35, Rules of the EPC, the EPC Commission 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 Commission, which affirms, reverses or modifies the hearing officer’s decision. Should this final administrative decision still not be in your favor, you may seek judicial 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 Commission. Please, note that this District Court appeal differs from the Section 9 Appeal.

Copies of EPC rules referenced in this agency action 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.

NOTICE OF RIGHTS