JYLP_Trail_Extension_SFWMD_FINAL_ERP_Exemption.pdf
PDF 185 KB Posted
- Solicitation number
- ITB 26-061
- Issued by
- Lee County, Fort Lauderdale City, Florida
About this file
This is an Environmental Resource Permit (ERP) Exemption document prepared for the City of Fort Myers in coordination with the South Florida Water Management District (SFWMD) regarding the John Yarbrough Linear Park (JYLP) Trail Extension project. The document provides regulatory clearance for the construction of approximately 1.83 miles of shared-use path and bridge improvements extending from south of SR 884/Colonial Boulevard to Hanson Street. The project scope includes construction of a 912-foot multi-span prestressed concrete bridge over SR 886/Colonial Boulevard and a 139-foot prefabricated steel bridge structure over the 10-mile canal. The ERP Exemption confirms that the proposed improvements qualify for exemption from the requirement to obtain an Environmental Resource Permit under Florida Administrative Code, streamlining the permitting process for this infrastructure development.
The exemption determination is based on compliance with applicable water management rules and regulations governing activities in wetlands and surface waters. The project is funded through the Florida Shared-Use Nonmotorized Trail Network under the Department's FY-24/25 work program, indicating state funding support for the recreational trail infrastructure initiative. The document serves as an essential regulatory approval that allows the City of Fort Myers to proceed with construction activities without obtaining a full ERP, reducing administrative timelines while maintaining environmental protection standards through compliance with established exemption criteria and conditions.
View the file
Other files
Show all 31
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
March 12, 2021
* Delivered via email
Richard Moulton * City Of Fort Myers 2200 Second Street Fort Myers, FL 33901
Subject: Exemption for John Yarbrough Linear Park Trail Application No. 210223-5434 Exemption No. 36-104804-P Lee County
Dear Mr. Moulton:
The South Florida Water Management District (District) reviewed the information submitted for the proposed park trail and has determined that the proposed project is exempt from the requirement to obtain an Environmental Resource Permit (ERP), pursuant to rule 62-330.051(10) Florida Administrative Code.
The project will extend the existing John Yarbrough Linear Park Trail, a 12-foot wide multi-use trail, from Colonial Boulevard (SR 884) northward to Hanson Street, for a total of 1.9 miles. See Exhibit No. 1.0 for a Project Location Map. The trail is to be constructed in uplands. Stormwater runoff from the project area will generally sheetflow to the adjacent Ten Mile Canal. The proposed bridge crossing of the Ten Mile Canal is being authorized by Permit No. 36-104813-P.
Please refer to Exhibit No. 2.0 for additional details.
Activities that qualify for this exemption must be conducted and operated using appropriate best management practices and in a manner which does not cause or contribute to a water quality violation, pursuant to Chapters 62-302 or 62-4, Florida Administrative Code.
This letter does not relieve you from the responsibility of obtaining other permits (federal, state or local) which may be required for the project.
The determination that this project qualifies as an exempt activity may be revoked if the installation is substantially modified, if the basis of the exemption is determined to be materially incorrect, or if the installation results in a violation of state water quality standards. Any changes made in the construction plans or location of the project may necessitate a permit from the District. Therefore, you are advised to contact the District before beginning any work in wetlands or other surface waters which is not specifically described in the submittal.
The notice of determination that the project qualifies as an exempt activity constitutes final agency action by the District unless a petition for administrative hearing is filed. Upon timely filing of a petition, this Notice will not be effective until further Order of the District. If you have any questions concerning this matter, please contact Joseph Harm, Environmental Analyst 2 at 239-338-2929 x7717 or jharm@sfwmd.gov, and Carolyn McCreedy, at 863-462-5260 x3042 or cmccreed@sfwmd.gov.
Sincerely, Jesse Markle, P.E.
Bureau Chief, Environmental Resource Bureau c: Brian Rose, Kisinger Campo & Associates *
City Of Fort Myers John Yarbrough Linear Park Trail, Application No. 210223-5434 March 12, 2021
Exhibits
The following exhibits to this permit are incorporated by reference. The exhibits can be viewed by clicking on the links below or by visiting the District's ePermitting website (http://my.sfwmd.gov/ePermitting) and searching under this application number 210223-5434 .
Exhibit No. 1.0 Location Map
Exhibit No. 2.0 SWM Plans http://my.sfwmd.gov/ePermitting https://api.sfwmd.gov/v1/service/cms/documents/0900eeea9178b9b5/content https://api.sfwmd.gov/v1/service/cms/documents/0900eeea9178bd0a/content
NOTICE OF RIGHTS
As required by Chapter 120, Florida Statutes, the following provides notice of the opportunities which may be available for administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes, or judicial review pursuant to Section 120.68, Florida Statutes, when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Some of the legal proceedings detailed below may not be applicable or appropriate for your situation. You may wish to consult an attorney regarding your legal rights.
RIGHT TO REQUEST ADMINISTRATIVE HEARING
A person whose substantial interests are or may be affected by the South Florida Water Management District’s (District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Florida Statutes. Persons seeking a hearing on a District decision which affects or may affect their substantial interests shall file a petition for hearing in accordance with the filing instructions set forth herein within 21 days of receipt of written notice of the decision unless one of the following shorter time periods apply: (1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Florida Statutes; or (2) within 14 days of service of an Administrative Order pursuant to Section 373.119(1), Florida Statutes. "Receipt of written notice of agency decision" means receipt of written notice through mail, electronic mail, posting, or publication that the District has taken or intends to take final agency action. Any person who receives written notice of a District decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision.
If the District takes final agency action that materially differs from the noticed intended agency decision, persons who may be substantially affected shall, unless otherwise provided by law, have an additional point of entry pursuant to Rule 28-106.111, Florida Administrative Code.
Any person to whom an emergency order is directed pursuant to Section 373.119(2), Florida Statutes, shall comply therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible.
A person may file a request for an extension of time for filing a petition. The District may grant the request for good cause. Requests for extension of time must be filed with the District prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and whether the District and any other parties agree to or oppose the extension. A timely request for an extension of time shall toll the running of the time period for filing a petition until the request is acted upon.
FILING INSTRUCTIONS
A petition for administrative hearing must be filed with the Office of the District Clerk. Filings with the Office of the District Clerk may be made by mail, hand-delivery, or e-mail. Filings by facsimile will not be accepted. A petition for administrative hearing or other document is deemed filed upon receipt during normal business hours by the Office of the District Clerk at the District’s headquarters in West Palm Beach, Florida. The District’s normal business hours are 8:00 a.m.
– 5:00 p.m., excluding weekends and District holidays. Any document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the next regular business day.
Rev. 1/16/20 1
Additional filing instructions are as follows:
Filings by mail must be addressed to the Office of the District Clerk, 3301 Gun Club Road, West Palm Beach, Florida 33406.
Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the District's security desk does not constitute filing. It will be necessary to request that the District's security officer contact the Office of the District Clerk. An employee of the District's Clerk's office will receive and process the petition.
Filings by e-mail must be transmitted to the Office of the District Clerk at clerk@sfwmd.gov.
The filing date for a document transmitted by electronic mail shall be the date the Office of the District Clerk receives the complete document.
INITIATION OF ADMINISTRATIVE HEARING
Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Rules 28-106.201 and 28-106.301, Florida Administrative Code, initiation of an administrative hearing shall be made by written petition to the District in legible form and on 8 1/2 by 11 inch white paper. All petitions shall contain:
Identification of the action being contested, including the permit number, application number,1.
District file number or any other District identification number, if known.
The name, address, any email address, any facsimile number, and telephone number of the2.
petitioner, petitioner’s attorney or qualified representative, if any.
An explanation of how the petitioner’s substantial interests will be affected by the agency3.
determination.
A statement of when and how the petitioner received notice of the District’s decision.4.
A statement of all disputed issues of material fact. If there are none, the petition must so5.
indicate.
A concise statement of the ultimate facts alleged, including the specific facts the petitioner6.
contends warrant reversal or modification of the District’s proposed action.
A statement of the specific rules or statutes the petitioner contends require reversal or7.
modification of the District’s proposed action.
If disputed issues of material fact exist, the statement must also include an explanation of8.
how the alleged facts relate to the specific rules or statutes.
A statement of the relief sought by the petitioner, stating precisely the action the petitioner9.
wishes the District to take with respect to the District’s proposed action.
MEDIATION
The procedures for pursuing mediation are set forth in Section 120.573, Florida Statutes, and Rules 28-106.111 and 28-106.401–.405, Florida Administrative Code. The District is not proposing mediation for this agency action under Section 120.573, Florida Statutes, at this time.
RIGHT TO SEEK JUDICIAL REVIEW
Pursuant to Section 120.68, Florida Statutes, and in accordance with Florida Rule of Appellate Procedure 9.110, a party who is adversely affected by final District action may seek judicial review of the District's final decision by filing a notice of appeal with the Office of the District Clerk in accordance with the filing instructions set forth herein within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice with the appropriate district court of appeals via the Florida Courts E-Filing Portal.
Rev. 1/16/20 2
File details come from the government source that posted it. Updated .