Attachment_C7__FDEP_Permit_Mod_1.pdf

www.dep.state.fl.us

FLORIDA DEPARTMENT OF

Environmental Protection

CENTRAL DISTRICT OFFICE

3319 MAGUIRE BLVD, SUITE 232

ORLANDO FLORIDA 32803

Ron DeSantis Governor

Jeanette Nuñez

Lt. Governor

Shawn Hamilton

Secretary

September 22, 2021

Brevard County

Attn: Matt Culver

2725 Judge Fran Jamieson Way

Melbourne, FL 332940 matt.culver@brevardcounty.us

Permit Modification No.: 0331649-003-EM (2021)

Permit Modification No.: 0331649-002-EM (2016)

Original Permit No.: 0331649-001-EI (2015)

Applicant: Brevard County

Dear Mr. Culver:

Your request to modify the above referenced permit has been received and reviewed by

Department staff. The modification includes a two-year extension to the construction phase of the original permit. The expiration date of permit file number: 0331649-003-EM is hereby modified to September 9, 2023.

Since the proposed modifications are not expected to result in any adverse environmental impact or water quality degradation, the permit is hereby modified as requested. By copy of this letter and the attached drawing, we are notifying all necessary parties of the modification(s).

This letter of approval extends the permit expiration date of September 9, 2021 to

September 9, 2023. This letter of approval does not alter the Specific or General

Conditions, or any monitoring requirements, with the exception of the modification stated above, of the permit. This letter and accompanying drawings must be attached to the original permit and any letter modifications and any future transfer documents.

A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) in accordance with Section 120.57, Florida Statutes. The petition must contain the information set forth below and must be filed (received) in the Office of http://www.dep.state.fl.us/ mailto:matt.culver@brevardcounty.us

Permittee: Brevard County

Permit Modification No.: 0331649-003-EM

General Counsel of the Department at 3900 Commonwealth Boulevard, Tallahassee, Florida

32399-3000. Petitions filed by the permittee and the parties listed below must be filed within 14 days of receipt of this letter.

Petitioner shall mail a copy of the petition to the permittee at the address indicated above at the time of filing. Failure to file a petition within this time period shall constitute a waiver of any right such person may have to request an administrative determination (hearing) under Section

120.57, F.S.

The Petition shall contain the following information:

(a) The name, address, and telephone number of each petitioner, the permittee's name and address, the Department Permit File Number and the county in which the project is proposed;

(b) A statement of how and when each petitioner received notice of the Department's action or proposed action;

(c) A statement of how each petitioner's substantial interests are affected by the

Department's action; or proposed action;

(d) A statement of the material facts disputed by petitioner, if any;

(e) A statement of facts which petitioner contends warrant reversal or modification of the Department's action or proposed action;

(f) A statement of which rules or statutes petitioner contends require reversal or modification of the Department's action or proposed action; and

(g) A statement of the relief sought by petitioner, stating precisely the action petitioner wants the Department to take with respect to the Department's action or proposed action.

If a petition is filed, the administrative hearing process is designed to formulate agency action.

Accordingly, the Department's final action may be different from the position taken by it in this letter. Persons whose substantial interests will be affected by any decision of the Department with regard to the permit have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed (received) within 14 days of receipt of this notice in the Office of General Counsel at the above address of the Department.

Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Section 120.57, F.S., and to participate as a party to this proceeding. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28-5.207, F.A.C.

This Notice constitutes final agency action unless a petition is filed in accordance with the above paragraphs or unless a request for extension of time in which to file a petition is filed within the time specified for filing a petition and conforms to Rule 62-l03.070, F.A.C. Upon timely filing

Permittee: Brevard County

Permit Modification No.: 0331649-003-EM of a petition or a request for an extension of time this Notice will not be effective until further

Order of the Department.

Any party to this letter has the right to seek judicial review of the Order pursuant to Section

120.68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900

Commonwealth Boulevard, Tallahassee, Florida 32399-3000; and by filing a copy with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date the Notice of Permit Modification is filed with the Clerk of the Department.

Executed in Orlando, Florida.

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

Jill Farris

Environmental Administrator

Permitting and Waste Cleanup Program

v. 1.8 cc:

David Stites, dstites@taylorengineering.com

Brevard County, Leeann.McCullough-Wham@brevardfl.gov

Jill Farris, FDEP

Daniel Shideler, FDEP

FILING AND ACKNOWLEDGMENT

FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged.

September 22, 2021

Clerk Date mailto:cbennett@cfl.rr.com mailto:Leeann.McCullough-Wham@brevardfl.gov