79173_-_City_of_Plant_City_-_EPC_PERMIT.pdf

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Attached to
McIntosh Park Wetland Construction
Solicitation number
26-048UO-IFB
Issued by
Hillsborough County, Florida

About this file

This is an Environmental Protection Commission (EPC) Permit Authorization issued by the Environmental Protection Commission of Hillsborough County to the City of Plant City on February 12, 2025, for wetland impacts and mitigation at McIntosh Preserve and 775 E Knights Griffin Road, Plant City, Florida. The project involves construction activities associated with wetland enhancement creation and flood storage, authorizing impacts to 87.93 acres of wetlands to create and restore 123.36 acres of wetlands. The work includes reconfiguration of an existing enhanced wetland and construction of eleven new wetland enhancement cells. The authorization is valid for five years from the issuance date (expiration February 12, 2030). The applicant must complete mitigation area construction and submit a Mitigation Completion Report within one year of initial wetland impact. Semi-annual monitoring with associated reports and maintenance is required for a minimum of three years for herbaceous/shrub systems and five years for forested systems. At least 48 hours prior notice to the EPC Wetlands Division is required before beginning authorized activities.

The mitigation plan specifies that 42.37 functional units will be lost from the 87.93 acres of wetland impacts, while 53.50 functional units will be gained from the 123.36 acres of restoration and creation, resulting in a net gain of 11.13 functional units that may be utilized by the City of Plant City within five years after mitigation completion if success criteria are met. The applicant must record a permanent conservation easement over all mitigation areas exceeding 0.5 acre and provide executed documentation to the EPC within 30 days after submittal of construction plan as-builts. Success criteria include 85 percent survival rates for planted trees and shrubs, 50 percent cover with desirable native herbaceous wetland species by year one, 70 percent by year two, and 85 percent prior to release. The authorization does not convey property rights and is subject to compliance with all approved plans and specifications, with any deviations requiring written authorization. The applicant must notify the EPC within 30 days of any sale, conveyance, or transfer of property ownership, and the authorization may be transferred to a new owner with EPC written approval.

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COMMISSION

Gwendolyn “Gwen” W. Myers CHAIR Harry Cohen VICE-CHAIR Chris Boles Donna Cameron Cepeda Ken Hagan Christine Miller Joshua Wostal

DIRECTORS

Janet D. Lorton EXECUTIVE DIRECTOR Elaine S. DeLeeuw ADMIN DIVISION Sam Elrabi, P.E. WATER DIVISION Diana M. Lee, P.E. AIR DIVISION Michael Lynch WETLANDS DIVISION Rick Muratti, Esq. LEGAL DEPT Steffanie L. Wickham WASTE 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

February 12, 2025

City of Plant City Lynn Spivey, Utilities Director 302 W. Reynolds Street, Plant City, FL 33563 lspivey@plantcitygov.com

Dear Ms. Lynn Spivey:

The staff of the Environmental Protection Commission of Hillsborough County (EPC) has completed a review of the subject application submitted on May 7, 2024 and the most recent additional information submitted on February 11, 2025 by Dr. Scott Knight of Wetland Solutions, Inc. on behalf of the City of Plant City (Applicant) to impact wetlands and/or Other Surface Waters (OSW) in Hillsborough County, hereinafter collectively referred to as “wetland(s)” unless otherwise stated. The project is for construction activities associated with wetland enhancement creation and flood storage. The proposed activities will impact 87.93 acres of wetlands in order to create and/or restore 123.36 acres of wetlands. This includes reconfiguration of an existing enhanced wetland onsite and the construction of eleven (11) new wetland enhancement cells within Plant City’s McIntosh Preserve and 775 E Knights Griffin Rd, Plant City, FL 33565 project (hereinafter “Property”).

In accordance with the EPC’s Wetlands Rule, Chapter 1-11, Rules of the EPC (Chapter 1-11), the Applicant demonstrated sufficient justification in the application for the wetland impact in that the proposed impact is necessary for the reasonable use of the land as described in Section 1-11.07, Rules of the EPC and the environmental benefits of the area will be protected through mitigation in accordance with Section 1-11.08, Rules of the EPC. Therefore, the EPC Executive Director authorizes wetland impacts and the final Mitigation Plan (see Attachment C) subject to the conditions enumerated below.

Pursuant to Section 9 of the Hillsborough County Environmental Protection Act, Chapter 84-446, as amended, Laws of Florida, (EPC Act), any person whose interests are protected by the EPC Act and who is adversely affected or otherwise aggrieved by this action has the right to appeal this action. The EPC reserves the right to stop this Permit from becoming effective under any of the following circumstances: (1)

Owner: City of Plant City EPC Review Number: 79173 Type of Permit / Authorization:

AUTHORIZATION FOR

WETLAND IMPACT with MITIGATION

PLAN

Project Address: 775 E Knights Griffin Rd, Plant City, FL 33565

STR: 4, 5, 8, 9/28S/22E

Folio: 089567.1000 Mitigation Plan Date:

mailto:lspivey@plantcitygov.com

City of Plant City McIntosh Preserve if the EPC revokes the Permit pursuant to Section 1-2.052, Rules of the EPC; or (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 Attachment A for Notice of Rights) is timely filed. The Applicant shall be noticed in writing if any of these occur. It is recommended that the Applicant publish at its own expense the notice of this agency action (see Attachment D) in a newspaper of general circulation as identified in Chapter 50, F.S. in Hillsborough County, Florida, so as to provide constructive notice to potentially aggrieved parties and to limit the time period for filing an administrative appeal.

MITIGATION RELATED CONDITIONS – SECTION 1-11.08

1. Only those wetland impacts identified in the table below are authorized for impact:

Wetland ID FLUCCS (Florida

Land Use, Cover and Forms Classification System)

Impact Acreage

Functional Loss

Mitigation Type

Wetland A 640 (Vegetated Non- Forested Wetlands)

1.66 0.66 On-site Creation

Wetland B 640 (Vegetated Non- Forested Wetlands)

0.55 0.26 On-site Creation

Wetland C 640 (Vegetated Non- Forested Wetlands)

0.20 0.07 On-site Creation

Wetland D 640 (Vegetated Non- Forested Wetlands)

0.06 0.02 On-site Creation

Wetland E 631 (Wetland Scrub) 0.29 0.12 On-site Creation Wetland F 640 (Vegetated Non-

Forested Wetlands)

3.87 2.07 On-site Creation

Wetland Hi 641 (Freshwater Marshes)

0.30 0.13 On-site Creation

Wetland J 640 (Vegetated Non- Forested Wetlands)

0.59 0.20 On-site Creation

Wetland K 640 (Vegetated Non- Forested Wetlands)

1.54 0.56 On-site Creation

Wetland L 644 (Emergent Aquatic Vegetation)

0.37 0.17 On-site Creation

Wetland N 640 (Vegetated Non- Forested Wetlands)

1.18 0.36 On-site Creation

Wetland O 640 (Vegetated Non- Forested Wetlands)

1.38 0.37 On-site Creation

Wetland P 640 (Vegetated Non- Forested Wetlands)

1.34 0.45 On-site Creation

Wetland Q 644 (Emergent Aquatic Vegetation)

2.02 0.94 On-site Creation

Wetland R 631 (Wetland Scrub) 0.71 0.31 On-site Creation Wetland S 616 (Inland Ponds and

Sloughs)

0.15 0.05 On-site Creation

Wetland T 616 (Inland Ponds and Sloughs)

0.16 0.06 On-site Creation

Wetland Ui 616 (Inland Ponds and Sloughs)

0.01 0.01 On-site Creation

Wetland Yi 640 (Vegetated Non- Forested Wetlands)

0.01 0.01 On-site Creation

Wetland AC 640 (Vegetated Non- Forested Wetlands)

2.89 1.25 On-site Creation

Wetland AD 631 (Wetland Scrub) 4.90 2.45 On-site Creation Wetland AE 640 (Vegetated Non-

Forested Wetlands)

0.10 0.04 On-site Creation

Wetland AF 640 (Vegetated Non- Forested Wetlands)

0.04 0.02 On-site Creation

EPC

Mitigation Area

640 (Vegetated Non- Forested Wetlands)

0.77 0.38 On-site Creation

ESTW 640 (Vegetated Non- Forested Wetlands)

62.84 31.42 On-site Creation

Total Impacts

87.93 acres (excluding exempt & temporary impacts)

42.37FL

2. The wetlands identified in the table below are to be restored or enhanced:

Wetland ID FLUCCS (Florida Land Use, Cover and Forms Classification System)

Acreage Functional Gain

Mitigation Type

Wetland H 640 (Vegetated Non- Forested Wetlands)

25.53 1.98 Enhancement

Expanded Wetland E1E

640 (Vegetated Non- Forested Wetlands)

9.86 4.85 Restoration

Expanded Wetland E1S

631 (Wetland Scrub) 3.00 1.33 Restoration

Expanded Wetland E2E

640 (Vegetated Non- Forested Wetlands)

77.47 42.12 Restoration

Expanded Wetland E2S

631 (Wetland Scrub) 4.30 2.11 Restoration

Expanded Wetland E3

640 (Vegetated Non- Forested Wetlands)

3.20 1.11 Restoration

Total Impacts

123.36 acres 53.50FG

The Mitigation Plan (see Attachment C) that compensates for the wetland impacts equals 123.36 acres of herbaceous wetlands located across the entire site but largely concentrating on the eastern and southern portions of the site. Utilizing the Uniform Mitigation Assessment Method outlined in Chapter 62-345, Florida Administrative Code (F.A.C.), it was determined that the proposed impacts will result in the loss of 42.47 functional units, while the proposed mitigation will result in the gain of 53.50 functional units. The excess 11.13 functional units may be utilized by the City of Plant City within 5 years after the mitigation area construction is completed and if the mitigation area reaches the proposed success criteria. This additional wetland mitigation credit does not provide any reliance or guarantee of any future wetland impact approvals on the property or any other areas in Hillsborough County. The Mitigation Plan is attached and incorporated into this authorization and is enforceable as part of this authorization. Within one (1) year of initial wetland impact, the mitigation area(s) must be constructed, and the Mitigation Completion Report must be submitted in writing to the

EPC.

2. Pursuant to Section 1-11.08(6), Rules of the EPC, wetland mitigation areas must be constructed, planted, and monitored in accordance with the attached Mitigation Plan and the items listed below:

A. Mitigation Completion Report, to include planting details of the mitigation area, shall be submitted to EPC staff within 30 days of completing construction and planting of the mitigation area. If the mitigation involves wetland creation, an as-built survey must be submitted which includes representative elevations of the bottom and slopes of the creation area. A contour line within 0.1’ of the upper design elevation (typically Seasonal High Water) shall be depicted on the survey. Using the polygon formed by the upper elevation contour, the as-built acreage of the mitigation area(s) shall be calculated and reported on the survey. If the approved acreage has not been constructed, further excavation may be required. Upon EPC staff inspection and approval of the mitigation area(s), the monitoring program shall be initiated. The conditions of monitoring described herein shall survive the expiration date of this authorization and continue to be enforceable until all EPC success criteria are met.

B. Semi-annual monitoring along with associated monitoring reports and maintenance is required for a minimum of three years for herbaceous/ shrub systems and five years for a forested system.

Monitoring reports must be submitted to EPC staff within 30 days following each monitoring event.

At a minimum, monitoring reports should address:

1. Date planted and number of planted materials used;

2. Soil stabilization measures used;

3. Percent survival of planted species;

4. Number of plants replanted, if necessary, and when planted;

5. 20-25% of trees are tagged for monitoring tree growth rate and DBH (forested systems);

6. Water Quality

a. Visual observations

b. Lab data if necessary, i.e. salinity, conductivity, pH, etc.;

7. Desirable wetland/upland species cover;

8. Plant diversification and natural recruitment (with a listing of species present);

9. Depth of water at monitoring event;

10. Permanently marked photo stations;

11. Wildlife usage;

12. Overall ecological evaluation; and,

13. Problems encountered and corrective actions implemented or needed.

C. The removal and control of nuisance or exotic species are required. Nuisance species coverage must not exceed ten percent (10%). Caesar weed (Urena lobata), Brazilian pepper (Schinus terebinthifolius), air potato (Dioscorea bulbifera), ear pod tree (Enterlobium contortisiliquum), cattails (Typha spp.), primrose willow (Ludwigia peruviana), dogfennel (Eupatorium spp.), Sesbania spp., and water hyacinths (Eichhornia spp.) are examples of nuisance species but do not represent a comprehensive list.

D. Eighty-five percent (85%) of the approved quantities shall survive for each planted tree species. Eighty-five percent (85%) of the approved quantities shall survive for each planted shrub species. Fifty percent (50%) cover with desirable native herbaceous wetland species must be achieved at the end of year one, seventy percent (70%) at year two, and eighty-five percent (85%) prior to release. Annual replanting and continued monitoring on an annual basis is required if these criteria are not met.

E. The plant source must be indicated (i.e., certified nursery grown, bare root, transplanted from on-site). If collected plants are to be used, donor sites must be identified and approved by EPC staff.

F. Monitoring and maintenance (including nuisance control) must continue until all EPC success criteria have been met, at which time a Certificate of Completion is issued. If success criteria cannot be met, reconstruction of the mitigation site may be necessary to achieve functioning wetlands.

3. EPC staff must review and approve the construction/development plans required by the City of Plant City for this project. A copy of the EPC approved Mitigation Plan, Attachment C, must be included in the construction plans for the proposed development, prior to a recommendation of construction plan approval by EPC staff.

4. Pursuant to Section 1-11.08(6)(e) and (f), the Applicant, in coordination with the fee simple property owner, must record in the Official Records of Hillsborough County a permanent conservation easement as defined in section 704.06, Florida Statutes, over all mitigation area(s) alone or cumulatively exceeding 0.5 acre in size including all uplands or wetland areas proposed for preservation as mitigation. The Applicant must provide EPC an executed conservation easement with a legal description, sketch, and appropriate recording fees within 30 days after submittal of the construction plan as-builts. The Applicant must ensure that the conservation easement shall not be clouded by any title encumbrances that may inhibit the enforcement of the document.

5. The owner of the mitigation area shall provide actual notice of any conservation easement to any purchaser of the area of the conservation easement prior to any conveyance or final sale of the property encumbered by the Conservation Easement.

6. The Applicant shall notify the EPC in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the real property where the impacts or mitigation areas are located. In the event of sale of the mitigation areas, the Applicant, in coordination with the fee simple owner, shall specifically retain the obligation to complete the mitigation, or to otherwise provide for the satisfactory completion of the terms of the Mitigation Plan.

7. The Applicant may transfer this Authorization to a new owner with EPC written approval (See Attachment E).

If the terms of the Mitigation Plan are to be assigned and assumed, the Applicant must cooperate with the EPC in good faith to ensure this authorization is transferred to the new property owner/applicant within 60 days after any sale, conveyance, or other transfer of ownership or control.

PROJECT SPECIFIC CONDITIONS

8. This authorization for wetland and/or OSW impacts is valid for a period of five years from the date of this original authorization letter (expiration date February 12, 2030). If the site plans are altered or the time period for the allotted impact expires, the Applicant is not authorized to impact wetlands or OSW. In the event the Applicant requests an extension of time for the permit prior to the expiration, the EPC may extend the expiration date if site conditions, and relevant laws and rules have not changed. In the event the authorization is expired, the Applicant must re-submit a complete application with the appropriate review fee for any future proposed impacts. The conditions of monitoring of any wetland mitigation areas shall survive the expiration of this authorization and continue to be enforceable until all EPC success criteria are met.

GENERAL CONDITIONS

9. This approval applies only to the development proposal as submitted under Chapter 1-11, and in no way does it provide EPC approval for any other EPC permitting program. In addition, this approval does not imply exemption from obtaining all proper permits from other governmental agencies. The Approved Wetland Impact Plan (Attachment B) is attached and incorporated into this authorization and is enforceable as part of this authorization.

10. Any activity interfering with the integrity of wetland(s) or other surface water(s), such as clearing, excavating, draining or filling, without written authorization from the EPC Executive Director or designee, would be a violation of the Environmental Protection Act of Hillsborough County, Chapter 84-446, and Chapter 1-11.

11. This Authorization does not convey to the Applicant or create in the Applicant 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 Applicant or convey any rights or privileges other than those specified in this authorization and Chapter 1-11 or other applicable rules.

12. All activities shall be implemented following the plans, specifications and other criteria approved by this authorization. Any deviations must be authorized in a written modification. Any deviations that are not so authorized may subject the Applicant to enforcement action. The Applicant shall notify the EPC in writing of changes required by any other regulatory agency that require changes to the permitted activity. All modifications of this authorization shall be proposed in a permit modification application submitted to EPC with the appropriate fee in accordance with Chapter 1-6, Rules of the EPC.

13. At least 48 hours prior to beginning the authorized activities, the permittee shall provide notification in writing to the EPC Wetlands Division at wetlandscompliance@epchc.org indicating the expected start and completion dates.

14. Upon reasonable notice to the Applicant, EPC staff shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the authorization.

If you require additional information, please contact Abigail Bridges at BridgesA@epchc.org or at (813) 627- 2600, extension 1231.

Sincerely, Janet D. Lorton, Executive Director Environmental Protection Commission of Hillsborough County

Attachments:

A. Notice of Rights B. Approved Wetland Impact Plan C. Mitigation Plan D. Recommended Publication Notice E. Assignment and Assumption Agreement cc: Scott Knight, Wetland Solutions, Inc., sknight@wetlandsolutionsinc.com mailto:wetlandscompliance@epchc.org mailto:BridgesA@epchc.org mailto:sknight@wetlandsolutionsinc.com https://na3.documents.adobe.com/verifier?tx=CBJCHBCAABAAx78kqQO3WfjXwOR_VidIa6MBB59ON3M-

ATTACHMENT A

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 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.

Upon receipt of a sufficient Notice of Appeal for a Section 9 Administrative Hearing an independent mailto:legalclerk@epchc.org 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 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.

It is also RECOMMENDED THAT NO WORK authorized by this action occur until after the time period for challenging this decision has expired.

ATTACHMENT B

APPROVED WETLAND IMPACT PLAN

Attached Below

ATTACHMENT C

MITIGATION PLAN

Attached Below

ATTACHMENT D

RECOMMENDED PUBLICATION NOTICE

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 an Authorization to fill wetlands pursuant to Chapter 84-446, Laws of Florida, as amended. The Authorization addresses approval for filling wetlands located at 775 E Knights Griffin Rd, Plant City, FL 33565. 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.

mailto:legalclerk@epchc.org

ATTACHMENT E

ASSIGNMENT, ASSUMPTION AND TRANSFER OF

WETLAND IMPACT AUTHORIZATION

This Assignment, Assumption and Transfer of the Environmental Protection Commission of Hillsborough County (EPC) Wetland Impact Authorization No. _________________________ dated _____________________ (Wetland Impact Authorization) is made by and between the EPC and ___________________________, at address:________________________________ (“Assignor”), at address: ______________________________________ (Assignee).

WHEREAS, on ________________________[Date], the EPC, pursuant to the EPC Wetland Rule Chapter 1-11, authorized impacts to wetland and/or other surface waters in Hillsborough County as identified here in the attached Exhibit “A”; and

WHEREAS, Assignor intends to assign the Wetland Impact Authorization to Assignee;

and

WHEREAS, Assignee intends to become the entity responsible for the rights and obligations identified in the Wetland Impact Authorization; and

WHEREAS, pursuant to Paragraph 10 of the Impact Authorization, Assignor may assign its rights and responsibilities under the Wetland Impact Authorization with written consent of the

EPC.

NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereto, intending to be legally bound hereby, covenant and agree as follows:

1. The foregoing recitals are true and correct and are incorporated herein by reference.

2. Assignor transfers, assigns, and sets over unto Assignee, all of Assignor’s rights and obligations in the Wetland Impact Authorization, with this to be effective on the effective date of this Transfer.

3. Assignee, as of the effective date of this Assignment, assumes all of the obligations under the Wetland Impact Authorization, specifically including but not limited to completing the necessary mitigation for the impacts, which includes construction, planting and monitoring, and ensuring any applicable mitigation area be encumbered by a Conservation Easement.

4. Assignor shall be released from any and all obligations of the Wetland Impact Authorization arising on or after the effective date of this Transfer.

5. By executing this Transfer, under penalty of perjury Assignor and Assignee attest that (i) there is no operating agreement, written or oral, which limits the authority of the Assignor’s and Assignee’s signatories to execute this Agreement and (ii) Assignor’s and Assignee’s signatories are fully authorized to execute this Agreement.

6. The undersigned Assignee notifies the EPC of having acquired title to this property.

He/she further states that he/she has examined the application and documents submitted by the current permittee, the basis on which the Wetland Impact Authorization was issued by the EPC, and states that they accurately and completely describe the permitted activity or project. He/she further states that he/she is familiar with the Wetland Impact Authorization, agrees to comply with its terms and conditions, and agrees to assume the rights and liabilities contained therein. He/she also agrees to promptly notify the EPC of any future change in ownership of, or responsibility for, the permitted activity or project.

7. This Transfer shall be construed and interpreted in accordance with the laws of the State of Florida.

IN WITNESS WHEREOF, this Transfer has been made and executed by each duly authorized representative, and is effective as of the date of the execution by the EPC (effective date).

ASSIGNOR:_________________________

By: ________________________________

Print Name: _________________________ Print Title: __________________________ Address: ____________________________ E-Mail: _____________________________

Date: _______________

ASSIGNEE: ________________________

By: ________________________________

Print Name: _________________________ Print Title: __________________________ Address: ____________________________ E-Mail: _____________________________

Date: _______________

ENVIRONMENTAL PROTECTION

COMMISSION OF HILLSBOROUGH COUNTY

By: ______________________________ Division Director, Michael Lynch 3619 Queen Palm Dr.

Tampa FL 33619

Date: ___________________________ cc: _____________________, EPC Wetlands Div.

_____________________, EPC Wetlands Div.

_____________________, ________ for Assignor _____________________, ________ for Assignee

NOTICE OF RIGHTS

2025-02-12T16:33:27+0000
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File details come from the government source that posted it. Updated .