38-Attachment D - Permits - Exempt - 46142473 1stAveNW SWFWMD ERP 849770.pdf
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- Solicitation number
- IFB-26-00085
- Issued by
- Hillsborough County, Florida
About this file
This is an Environmental Resource Permit Exemption letter issued by the Southwest Florida Water Management District (SWFWMD) to Hillsborough County Capital Programs Department regarding Project 111 1st Ave NW (CRRP File Number 849770), one of three culvert replacement projects included in the county's infrastructure improvement initiative. The project involves the replacement of two 18-inch outfall pipes that discharge into Ruskin Inlet, with replacement pipes shortened to minimize impacts to mangroves. The SWFWMD has determined that an Environmental Resource Permit (ERP) is not required for this work, as the project does not exceed the 0.03-acre impact threshold outlined in Rule 62-330.051(9), Florida Administrative Code. The pipe end treatments will consist of concrete end walls with grates, and existing invert elevations will be maintained. The district advised the applicant to contact the agency before beginning the project and any activities not specifically described in the submittal, as subsequent changes to project operations may necessitate further evaluation or permitting.
This exemption determination is valid only pursuant to the statutes and rules in effect at the time of submission and does not constitute permanent exemption from future permitting requirements. The district does not publish notices of agency action; however, the applicant is encouraged to publish notice of agency action at their own expense in a newspaper of general circulation in Hillsborough County to close the window for public objections and administrative hearing petitions. Any person with substantial interests may request an administrative hearing within 21 days of receiving written notice in accordance with Florida Statutes Sections 120.569 and 120.57 and District Rule 40D-1.1010. Petitions for administrative hearing must be filed with the District Agency Clerk at the Tampa Service Office located at 7601 US Highway 301, Tampa, Florida 33637-6759, either by mail, hand delivery, or facsimile. Contact Greg Alba in the Tampa Service Office at 813-445-6843 for questions regarding this matter.
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Text version
September 09, 2022
Hillsborough County Capital Programs Department Attn: Sandra Gonzalez 601 E Kennedy Blvd., 22nd Floor Tampa, FL 33602
Subject: Project Evaluation - Project Exempt Project Name: 111 1st Ave NW CRRP File Number: 849770 County: Hillsborough Sec/Twp/Rge: S8/T32S/R19E
Reference: Rule 62-330, Florida Administrative Code (F.A.C.)
Dear Ms. Gonzalez:
The District has reviewed the information you submitted for the project referenced above and has determined that an Environmental Resource Permit (ERP) will not be required for the proposed replacement of two 18-inch outfall pipes that discharge into the Ruskin Inlet. Replacement pipes will be shortened to minimize impacts to mangroves and do not exceed the 0.03-acre threshold. Pipe end treatments will be concrete end walls with grates. Existing inverts elevations will be maintained. [Rule 62-330.051(9), F.A.C.]
The information received by the District will be kept on file to support the District's determination regarding your application. This information is available for viewing or downloading through the District's Application and Permit Search Tools located at www.WaterMatters.org/permits.
The District's determination that your project does not require an ERP is only applicable pursuant to the statutes and rules in effect at the time the information was submitted and may not be valid in the event subsequent changes occur in the applicable rules and statutes. Additionally, this notification does not mean that the District has determined that your project is permanently exempt from permitting requirements. Any subsequent change you make in the project's operation may necessitate further evaluation or permitting by the District. Therefore, you are advised to contact the District before beginning the project and before beginning any activity which is not specifically described in your submittal. Your timely pursuit of this activity is encouraged to avoid any potential rule changes that could affect your request.
This letter constitutes notice of Intended Agency Action of the project referenced above. 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 http://www.swfwmd.state.fl.us/permits/ instructions for publishing notice of agency action, as well as a noticing form that can be used is 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 publishing provided by the newspaper should be sent to the Regulation Division at the District Service Office that services this permit or other agency action, for retention in the File of Record for this agency action.
If you have questions regarding this matter, please contact Greg Alba in the Tampa Service Office, at 8134456843. Please reference the Project Name and Inquiry/Permit Number in future communications concerning this project.
Sincerely, David Kramer, P.E.
Bureau Chief Environmental Resource Permit Bureau Regulation Division
Enclosures: Notice of Rights cc: Haylee LaTorre, P.E.
Watermark Engineering Group, Inc.
http://www.swfwmd.state.fl.us/permits/noticing/
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 sovereignty 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 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 US Hwy 301, 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.
http://www.flrules.org/ http://www.watermatters.org/permits/rules http://www.watermatters.org/permits/rules http://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.
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