HomeMy WebLinkAbout04-2807
CITY OF ZEPHYRHILLS
5335 - 8TH STREET
(813)780-0020
BUILDING PERMIT
2807
Permit Number: 2807
Permit Type: ADDITION/ALTERATION
Class of Work: ADD/AL T COMMERCIAL
Proposed Use: COMMERCIAL
Square Feet:
Est. Value:
Improv. Cost:
Date Issued:
Total Fees:
Amount Paid:
Date Paid:
Work Desc:
180,000.00
3/08/2004
2,215.00
2,215.00
3/08/2004
HANGAR---
Address: 39450 SOUTH AVE
ZEPHYRHILLS, FL.
Township: Range: Book:
Lot(s): Block: Section:
Subdivision: CITY OF ZEPHYRHILLS
Parcel Number:
Name: CITY OF ZEPHYRHILLS
Addre~~' ~SOUTH AVE
.:3q~5c1ZEPHYRHILLS, FL. 33542
Phone:
'S
CARLYLE ELECTRIC
CHRIS BAHR PLUMBING
JACK FUNNELL PAVING
ST~e~ / :05
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FOOTER 1
PRE-SLAB CONSTRUCTION POLE I 2ND ROUGH PLUMB
LINTEL PRE-METER 'I. WATER I FINAL MECHANICAL
FRAME MISC . SEWER MISC
INSULATION WALL . MISC j MISC. I MISC.
INSULATION CEILING MISC. ! MISC. MISC.
DRIVEWAY i MISC. : MISC. , FIRE DEPT. FINAL
--REfNSPECTION FE-ES: When extra-inspection trips a~e necesSary due to any on~ of the-following reasons, a
charge of Thirty-Five Dollars ($35.00) shall be made for each trip for each trade:
(a) Wrong address (b) Condemned work resulting from faulty construction (c) Repairs or corrections not made when
inspection called (d) Work not ready for inspection when called
(e) Permit not posted on job site (f) Plans not at job site (g) Work not accessible
The payment of inspection fees shall be made before any further permits will be issued to the person owning same
j-iiWarnlnt;f to owner:Your falfure to reCorda noticeof-commence-ment ma-y-result in your-paying-twice for--u-
I
i improvements to your property. If you intend to obtain financing, consult with your lender or an attorney
1_l?eforE!!ec~'"-t!i...9y~ur no~i~~ ofcol!!~~ncemel!~.~' _________ __~_____ _ _ ____________
Complete Plans, Specifications and Fee Must Accompany Application.
.A1I_vvorl<._s~i3~_ bejJ~rf~rl!1~<!.in acc()E9Cince "",ith_ <::i~ Code~_i3!!c1f)rdinarlC:~s..____ ___. _____
.. _ ~UP~CY B~FORE c.o._~__.. ...____
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TRACTOR SIGNATURE PERMIT OFFI
CALL FOR INSPECTION - 8 HOUR NOTICE REQUIRED
PROTECT CARD FROM WEATHER
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:)ERFCRMANCE 3USINESS ~QCQUC;S. 'NC. H3-";'~9-d008 ,:'AX 313-7'~9-T)19
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CITY OF ZEPHYRHILLS
ZEPHYRHllLS, FLORIDA
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WATER ACCT NO.
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Retain white form In oltice at all times.
Send pink -' ~'ellow forms to Water Service Dept.
Water Service Dept. to sign yellow form & return to oltice.
L Hayn_ II
Chair, Pinellas
J et D. Kovach
Secreta ,HiIIsborough
Maggie N. Dominguez
Treasur r, HiIIsborough
Edw rd W. Chance
Manatee
ie E. Duncan
Pinellas
Pam la L Fentress
Highlands
Ron d C. Johnson
Polk
H idl B. McCree
Hillsborough
T. . "Jerry" Rice
Pasco
Judith C. Whitehead
Hernando
s. Bllenky
neral Counsel
SOllthwest Florida
Vvater iv!anagen1ent District
- 4A~ ----... -- ---
Tampa Service Office Bartow Servi..~ f::r- V-- 5
7601 Highway 301 North 170 C"-- '1'
C' .-I"
Tampa, Florida 33637-6759 CL'
(813) 985-7481 or ('\... " \' ~
1-800-836-0797 (FL only) 1.N'- ^ ~ f;'-f f'J
SUNCOM 578-2070 n. ~ \ (
FEBRUARY 13, 2004 \~(fe~.r kr'
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2379 Broad Street, Brooksville, Florida 34604-6899
(352) 796-7211 or 1-800-423-1476 (FL only)
SUNCOM 628-4150 TOO only 1-800-231-6103 (FL only)
e Internet at: WaterMatters.org
-a Service Office
litville Road
Rorida 34240-97ll
-3722 or
3503 (FL only)
\1.-6900
Lecanto Service Office
3600 West Sovereign Path
Suite 226
Lecanto. Rorida 34461-8070
(352) 527-8131
SUNCOM 667-3271
CITY OF ZEPHYRHILLS
5335 8TH ST
ZEPHYRHILLS, FL 3354.
SUBJECT: ENVIRONMENTAL RESOURCE PERMIT
APPLICATION NO. 44-014227.004
PROJECT: ZEPHYRHILLS-PROPOSED 6000 SF BUILDING
APPLICANT REFERENCE NO. NOT SPECIFIED
On FEBRUARY 05, 2004, your above application was received.
Please use this number in all correspondence. Within 30 days of
receipt of your application you will receive a request for
additional information or a notice stating your application is
complete.
Please be aware of choices you have in order to address any
disagreements that may arise during the permitting process. If a
regulation-related disagreement occurs between an applicant and
a district staff member which cannot be resolved at staff level,
the applicant should 1) Appeal the contested issues by meeting
with the staff member's manager. If a resolution is not reached,
the applicant should 2) Seek a meeting with the Regulation
Department Director. If a resolution is not reached, the
applicant should 3) Seek to meet with the Deputy Executive
Director of Regulation and the Technical Services Director. If a
resolution is not reached, the applicant should 4) Seek a meeting
with the Executive Director. The only requirement is that the
process must be followed sequentially.
Please contact our TAMPA REGULATORY DEPARTMENT at
(813) 985-7481 or 1-800-836-0797 (Florida only) if you have any
questions regarding the evaluation of your application.
Sincerely,
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(SIGNED)
TERESA RHODES
RECORDS AND DATA DEPARTMENT
"'TV
I", , OF ZEPHVfiHIU..S
CC: DElC
1910 W KENNEDY BLVD
TAMPA, FL 33606-0000
03)88/2004' - 15:':(1 - 8J:_ ":J3gSE33
J t.W'lAL . C:t'JG I 'jEER r H(;
OAC~E '.'"'"1
March 8, 2004
Mr. Bill Bm-gess. Building Offici~l
Chief Building Inspector
City of Zephyrhills
533; Slh Street
Zepl1yrhills, Florida 33542
RE. Zephyrhills Municipal Airport - Evans Building
Dear Mr. Burgess:
The above-referenced project has been submitted to the South'Nest Florida Water 14a.n.dgement
District (SWFWMD) for approval The project should be approved with;n the iWXT thirty days.
A delay in permitting occurred due comments concerning incorporating this projt\."t into the
original master drainage plan.
Mr. David Carr has kept me informed on all work related matters concerning this ~'roject and
will continue to do that until the SWFWMD permit is received_
If you have any questions or need ani addit;onal information, please do not hesitat~ to conta..;t
me at 813-748-6669
Respectfully,
JAMMAl ENGINEERING. INC
/<A.A-~~
Nicholas lammdl. .E.
Florida Regimation No. 41946
Engineering Manager
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NJ/ngs: 15-mw-obeb
JAMMAL ENGINEERING, INC.
A DIVISION OF DYNAMIC ENGINHRINQ INTERhA llONAl. CORf' ORATION
1910 W. KENNEDV BL.VD.
TAMPA. F\. 33450e
('13) 2504-783 FAX ('13) 25l-;'~
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8138395803
JAMMAL ENGINEERING
PAGE 02
March 8, 2004
Mr. Bill Burgess, Building Official
Chief Building Inspector
City of Zephyrhills
5335 8th Street
Zephyrhills, Florida 33542 :I. t). ~o 1 -
RE: Zephyrhil1s Municipal Airport - Evans Building ~
Dear Mr. Burgess:
The above-referenced project has been submitted to the Southwest Florida Water Management
District (SWFWMD) for approval. The project should be approved within the next thirty days.
A delay in permitting occurred due comments concerning inc..orpo11lting this project into the
original master drainage plan.
Mr. David Carr has kept me informed on all work related matters concerning this project and
will continue to do that until the SWFWMD permit is received.
If you have any questions Of need any additional information, please do not hesitate to contact
me at 813-748-6669.
Respectfully.
JAMMAL ENGINEERING, INC.
Nicholas Jammal, .E.
Florida Registration No. 41946
Engineering Manager
NJ/ngs: 15-mw-bbeb
JAMMAL ENGINEERING, INC.
A DIVISION OF DYNAMIC ENGINEERING INTERNATIONAL CORPORATION
1910 W. KENNEDY BLVD_
TAMPA, FL33806
(813) 254-7826 FAX (813) 261-2465
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'ERFORMANCE 9USlNESS PRODUCTS. .NC, .313-719-8008 "AX 313,719-7919
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CITY OF ZEPHYRHILLS
ZEPHYRHILLS, FLORIDA
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_ No. OF UNITS
_ DEPOSIT AMOUNT
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_ AMOUNT LAST BILL
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_ DATE
_ MISC. CHARGE
WORK COMPLETED BY
& DATE COMPLETED
ORDER TAKEN BY
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Retain white form in office at all limes-
Send pink & yellow forms to Water Service Dept
Water Service Dept to sign yellow form & return to office.
CITY OF ZEPHYRHILLS PERMIT APPLICATION
BUILDING DEPARTMENT 5335 8D St, Zephyrhills, FL 33542
813-780-0020 FAX: 813-780-0021
PHONE CONTACT
DATE RECE lVED -:2 - 2 -:s -() cj
FOR PERMITTING 6"'G-IoJ r..... L{ r 6 /
OWNER'S NAME
Lea50r
Oa" 'E"""-".S PHONE -i'%t Vcl5 .,Q
?-~k-(&,I1i- 51St{;
JOB ADDRESS
LEGAL DESCRIPTION: LOT(S)
PARCEL ID #
BLOCK SUBDIVISION
(2.- af\..J... 13 ldw'~~ lu;,j/tl~p.~e .)..\ l2.usr-
WORK PROPSED: ~EW CONSTRUCTION
o SIGN
o ADDITION
OALTERATION
o DEMOLISH
o REPAIR
o INSTALL
o MOVE
PROPOSED USE: OSGL FAMILY DWELLING
~OMMERCIAL
OMULTI-FAMILY
o INDUSTRIAL
0# OF UNITS
o SWIMMING POOL
o MOBILE HOME
o OTHER
HEALTH DEPARTMENT APPROVAL
...,
sJeWU( k
e (.ec/n/~I
SQUARE FOOTA~E ~) GO 0
HEIGHT
(i' \
RESIDENTIAL: ATTACH (2) PLOT PLANS & (2) SETS OF BUILDING PLANS
COMMERCIAL: ATTACH (3) SETS OF BUILDING PLANS & (1) SET ENERGY
IF SIGN PERMIT ONLY (2) SETS OF ENGINEERED PLANS REQUIRED.
PROPERTY SURVEY REQUIRED FOR ALL NEW CONSTRUCTION.
& (1) SET ENERGY FORMS.
FORMS.
[DIBUILDING
nYELECTRICAL
$ J frO. GOO, OG
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lOO
VALUATION OF TOTAL CONSTRUCTION
~~~i.
PERMITS REQUESTED
AMP SERVICE
ISJ/ FLORIDA tER 0 W.R.E.C.
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VALUATION OF MEC IAL INSTTr:~~" '.
o OTHER .!I(.n ~ ~/'=::=
rt-vSTEEL 0 OiER ,II: .. /'-'.~... ././-
~ ;:> AV{/ /'....
IS PROJECT IN FL O~':~AD YES ~O
~LUMBING
o MECHANICAL
$ 1f-1-
o GAS
o ROOFING
o SPECIALTY
TYPE OF CONSTRUCTION: 0 BLOCK
FINISHED FLOOR ELEVATIONS
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BUILDER ~ ~
SIGNATURE J _____ ~
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CO~CTO:R$ECTIQN
COMPANY ~S Co0strVC-b<l,,)e,-v~'C'e:5
STATE CERT OR REGIST # CGC () 666 L/ b
BLECTllICIAN ~
SIGNA~URE V ~&:/ /
I I ' .
i ******************************************************************
******************************************************************
COMPANY W \ y(~ d'€-d-r1\ C
STATE CERT OR REGIST #
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SIGNAWRE ~ /-
COMPANY cAns Bq~ i f rUM ~lrltt..q
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STATE CERT OR REGIST # ll'F-oolf (~
******************************************************************
MECHANICAL
/VA
COMPANY
SIGNATURE
STATE CERT OR REGIST #
*****************************************************************
O'l'HBR X (L hf\ I)P I fa. vtl'j COMPANY .T [,( ~ n f'.l ~4 fA /'j
SIGNATURE
STATE CERT OR REGIST #
A. NOTICE OF DEED RESTRICTIONS
The undersigned understands that this permit may be subject to "deed restrictions" which
may be more restrictive than City regulations. The undersigned assumes responsibility for
compliance with any applicable deed restrictions.
B. UNLICENSED CONTRACTORS AND CONTRACTOR RESPONSIBILITIES
If the owner has hired a contractor or contractors to undertake work, they may be required
to be licensed in accordance with state and local regulations. If the contractor is not
licensed as required by law, both the owner and contractor may be cited for a misdemeanor
violation under state law. If the owner or intended contractor are uncertain as to what
licensing requirements may apply for the intended work, they are advised to contact the
City of Zephyrhills Building Department, 813-780-0020.
Furthermore, if the owner has hired a contractor or contractors, he is advised to have the
contractor(s) sign po~tions of the "Contractor Sections" of this application for which they
will be responsible. If you, as the owner signs as the contractor, you are indicating that
you, rather than the contractor, are responsible for the work. If the contractor wishes
you to sign as contractor that may be an indica~ion that he is not properly licensed and is
not entitled to permitting privileges in the City of Zephyrhills.
C. TRANSPORTATION IMPACT FEES AND UTILITY CONNECTION FEES
D. CONSTRUCTUION LIEN LAW (CHAPTER 713, FLORIDA STATUTES, AS AMENDED)
I certify that I, the applicant, have been provided with a copy of "Florida's Construction
lien Law - Homeowner's Protection Guide" prepared by the Florida Department of Agriculture
and Consumer Affairs. If the applicant is someone other that the "owner", I cerify that I
have obtained a copy of the above described document and promise in good faith to deliver
it to the "owner" prior to commencement.
E. CONTRACTOR'S/OWNER'S AFFIDAVIT
I certify that all the information in this application is accurate and that all work will
be done in compliance with all applicable laws regulating construction, zoning, and land
development.
Appli~ation is hereby made to obtain a permit to do work and installation as indicated. I
certify that no work or installation has commenced prior to issuance of a permit and that
all work will be performed to meet standards of all laws regulating construction, City
codes, zoning regulations, and land development regulations in the jurisdiction. I also
certify that I understand that the regulations of other governmental agencies may apply to
the intended work, and that it is my responsibility to identify what actions I must take to
be in compliance. Such agencies include but are not limited to: *Department of
Environmental Regulation-Cypress Bayheads, Wetland Areas and Environmentally Sensitive
Lands, Water/Wastewater Treatment
*Southwest Florida Water Management District-Wells, Cypress Bayheads, Wetland Areas,
Altering Watercourses
*Army Corps of Engineers-Seawalls, Docks, Navigable Waterways
*Department of Health & Rehabilitative Services, Environmental Health Unit-Wells,
Wastewater Treatment, Septic Tanks
*U.S. Environmental Protection Agency-Asbestos abatement
I also certify that, if fill material is to be used in Flood Zone "A" or "A, etc.", it is
understood that a drainage plan addressing a "compensating volume" will be submitted which
is prepared by a professional engineer registered in the State of Florida prior to permit
issuance.
A permit issued shall be construed to be a license to proceed with the work and not as
authority to violate, cancel, alter, or set aside any provisions of the technical codes,
nor shall issuance of a permit prevent the Building Official from thereafter requiring a
correction of errors in plans, construction, or violations of any code. Every permit
issued shall become invalid unless the work authorized by such permit is commenced within
six months of issuance, or if work authorized by the permit is suspended or abandoned for 'a
period of six months after the time the work is commenced. One 90 day extension of time
may be allowed for the permit with fee charge of $15.00. The extension shall be requested
in writing to the Building Official. An approved inspection must be logged during each six
month period, or the project will be considered abandoned.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT
WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. JOBS UNDER
$2,500 IN VALUE DO NOT NEED TO RECORD AND POST A "NOTICE OF COMMENCEMENT".
SIGNATURE: OWNER OR AGENT
SIGNATURE: CONTRACTOR
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged
Before me this _ day of , 2CL-
by
. (name of person acknowledged)
Owhois ~~r~brially known to me, or
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was
Befure rr,e this _day of
by
acknowledged
, 20
(name of person acknowledged)
[1ho is personally known to me, or
Owho has produced
(type
and whoO did 0 did not
of identification)
take an oath.
Owho has produced
(type of identification)
and who Odid Diid not take an oath
Signature of person taking acknowledgement
Signature of person taking acknowledgment
Name typed, printed or stamped
Name typed, printed or stamped
An Equal
Opportunity
Employer
Wat80n L. Hayne. II
Chair, Pinellas
Heidi B. McCree
Vice Chair, H i1lsborough
Judith C. Whlteheacl
Secretary, Hernando
Talmadge G. M JerryM Rice
Treasurer, Pasco
Edward W. Chance
Manatee
Thoma. G. Dabney
Sarasota
Maggie N. Dominguez
Hillsborough
Ronnie E. Duncan
Pinellas
Ronald C. Johnson
Polk
Janet D. Kovach
Hillsborough
Patsy C. Symons
DeSoto
David L Moore
Executive Director
Gene A. Heath
Assistant Executive Director
Wlllam S. Bllenky
General Counsel
Southwest Florida
Water Management District
-"
2379 Broad Street, Brooksville, Florida 34604-6899
(352) 796-7211 or 1-800-423-1476 (FL only)
SUNCOM 628-4150 TOO only 1-800-231-6103 (FL only)
On the Internet at: WaterMatters.org
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Bartow Service Office
170 Century Boulevard
Bartow, Florida 33830-7700
(863) 534-1448 or
1-800-492-7862 (FL only)
SUNCOM 572-6200
Lecanto Service Office
3600 West Sovereign Path
Suite 226
Lecanto, Florida 34461-8070
(352) 527-8131
SUNCOM 667-3271
Sarasota Service Office
6750 Fruitville Road
Sarasota, Florida 34240-9711
(941) 377-3722 or
1-800-320-3503 (FL only)
SUNCOM 531-6900
Tampa Service Office
7601 Highway 301 North
Tampa, Florida 33637-6759
(813) 985-7481 or
1-800-836-D797 (FL only)
SUNCOM 578-2070
June 14,2004
Jim Werme
City of Zephyrhills
5335 - 8th Street
Zephyrhills, FL 33542-4312
Subject:
Final Agency Action Transmittal Letter
ERP General Construction
Permit No.: 44014227.004
Project Name: Zephyrhills Municipal Airport - Evans Building
County: Pasco
SecfTwp/Rge: 12, 13/26S/21E
Dear Mr. Werme:
This letter constitutes notice of Final Agency Action for approval of the permit application
referenced above. Final approval is contingent upon no objection to the District's action
being received by the District within the time frames described below.
You or any person whose substantial interests are affected by the District's action
regarding a permit may request an administrative hearing in accordance with Sections
120.569 and 120.57, Florida Statute (F,S.), and Chapter 28-106, Florida Administrative
Code (FAC.), of the Uniform Rules of Procedure. A request for hearing must: (1) explain
how the substantial interests of each person requesting the hearing will be affected by the
District's action, or proposed action, (2) state all material facts disputed by the person
requesting the hearing or state that there are no disputed facts, and (3) otherwise comply
with Chapter 28-106, F.A.C. Copies of Sections 28-106.201 and 28-106.301, FAC. are
enclosed for your reference. A request for hearing must be filed with (received by) the
Agency Clerk of the District at the District's Brooksville address within 21 days of receipt
of this notice. Receipt is deemed to be the fifth day after the date on which this notice is
deposited in the United States mail. Failure to file a request for hearing within this time
period shall constitute a waiver of any right you or such person may have to request a
hearing under Sections 120.569 and 120.57, F.S. Mediation pursuant to Section 120.573,
F.S., to settle an administrative dispute regarding the District's action in this matter is not
available prior to the filing of a request for hearing.
Enclosed is a "Noticing Packet" that provides information regarding the District Rule
400-1,1010, FAC., which addresses the notification of persons whose substantial
interests may be affected by the District's action in this matter. The packet contains
guidelines on how to provide notice of the District's action, and a notice that you may use.
The enclosed approved construction plans are part of the perm it, and construction must
be in accordance with these plans.
Permit No.: 44014227.004
June 14, 2004
Page 2
If you have questions concerning the permit, please contact Robin L. McGill, P.E., at the Tampa Service Office,
extension 2072. For assistance with environmental concerns, please contact William M. Copeland, extension
2029.
Sincerely,
{&,~
Alba E. Mas, P.E., Director
Tampa Regulation Department
AEM:RLM:WMC:elb
Enclosures: Approved Permit w/Conditions Attached
Approved Construction Drawings
Statement of Completion
Notice of Authorization to Commence Construction
Noticing Packet (42.00-039)
Sections 28-106.201 and 28-106.301, F.A.C.
cc/enc: File of Record 44014227.004
Nicholas Jammal, P.E., Dynamic Engineering International Corporation
US Army Corps of Engineers
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
ENVIRONMENTAL RESOURCE
GENERAL CONSTRUCTION
PERMIT NO. 44014227.004
I Expiration Date: June 14, 2009
I PERMIT ISSUE DATE: June 14, 2004
This permit is issued under th~ provisions of Chapter 373, Florida Statutes (F.S.), and the Rules contained
in Chapters 40D-4 and 40, Florida Administrative Code (FAC.). The permit authorizes the Permittee to
proceed with the construction of a surface water management system in accordance with the information
outlined herein and shown by the application, approved drawings, plans, specifications, and other
documents, attached hereto and kept on file at the Southwest Florida Water Management District
(District). Unless otherwise stated by permit specific, permit issuance constitutes certification of
compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341.
All construction, operation and maintenance of the surface water management system authorized by this
permit shall occur in compliance with Florida Statutes and Administrative Code and the conditions of this
permit.
PROJECT NAME:
Zephyrhills Municipal Airport - Evans Building
GRANTED TO:
City of Zephyrhills
5335 - 8th Street
Zephyrhills, FL 33542-4312
ABSTRACT: This permit authorization is for the construction of a 6,000 square foot building with parking
and surface water management system. The proposed pond will retain the volume from the
post-development 100-year storm event. An emergency overflow weir will be provided.
OP. & MAINT. ENTITY: City of Zephyrhills
COUNTY: Pasco
SECITWP/RGE: 12, 13/26S/21 E
TOTAL ACRES OWNED
OR UNDER CONTROL: 849.00
PROJECT SIZE: 0.85 Acre
LAND USE: Government
DATE APPLICATION FILED: February 5, 2004
AMENDED DATE: May 28, 2004
Permit No.: 44014227.004
June 14, 2004
Page 2
I. Water Quantity/Quality
POND AREA TREATMENT TYPE
NAME ACRES @ TOP OF BANK
Pond 0.11 On-Line Retention
IrOTAL 0.11
A mixing zone is not required.
A variance is not required.
II. 100-Year Floodplain
Encroachment Compensation Compensation Encroachment
(Acre-Feet of fill) (Acre-Feet of excavation) Type Result (feet)
0.00 0.00 N/A N/A
'III. Environmental Considerations
No wetlands or other surface waters exist within the project area.
Watershed Name: Hillsborough River
, A regulatory conservation easement is not required.
A proprietary conservation easement is not required.
SPECIFIC CONDITIONS
1. If the ownership of the project area covered by the subject permit is divided, with someone other
than the Permittee becoming the owner of part of the project area, this permit shall terminate,
pursuant to Section 40D-1.6105, FAC. In such situations, each land owner shall obtain a permit
(which may be a modification of this permit) for the land owned by that person. This condition shall
not apply to the division and sale of lots or units in residential subdivisions or condominiums.
2. Unless specified otherwise herein, two copies of all information and reports required by this permit
shall be submitted to:
Brooksville Regulation Department
Southwest Florida Water Management District
2379 Broad Street
Brooksivlle, FL 34604-6899
The permit number, title of report or information and event (for recurring report or information
submittal) shall be identified on all information and reports submitted.
3. The Permittee shall retain the design engineer, or other professional engineer registered in
Florida, to conduct on-site observations of construction and assist with the as-built certification
requirements of this project. The Permittee shall inform the District in writing of the name, address
and phone number of the professional engineer so employed. This information shall be submitted
prior to construction.
Permit No.: 44014227.004
June 14, 2004
Page 3
4. Within 30 days after completion of construction of the permitted activity, the Permittee shall submit
to the Brooksville Service Office a written statement of completion and certification by a registered
professional engineer or other appropriate individual as authorized by law, utilizing the required
Statement of Completion and Request for Transfer to Operation Entity form identified in Chapter
40D-1, FAC., and signed, dated and sealed as-built drawings. The as-built drawings shall identify
any deviations from the approved construction drawings.
5. The District reserves the right, upon prior notice to the Permittee, to conduct on-site research to
assess the pollutant removal efficiency of the surface water management system. The Permittee
may be required to cooperate in this regard by allowing on-site access by District representatives,
by allowing the installation and operation of testing and monitoring equipment, and by allowing
other assistance measures as needed on site.
6. For dry bottom retention systems, the retention areas shall become dry within 72 hours after a
rainfall event. If a retention area is regularly wet, this situation shall be deemed to be a violation of
this permit.
7. The operation and maintenance entity shall submit inspection reports in the form required by the
District, in accordance with the following schedule.
For systems utilizing retention or wet detention, the inspections shall be performed two (2) years
after operation is authorized and every two (2) years thereafter.
8. Refer to GENERAL CONDITIONS No. 15 herein.
GENERAL CONDITIONS
1. The general conditions attached hereto as Exhibit "A" are hereby incorporated into this permit by
reference and the Permittee shall comply with them.
;;(b~
Authorized Signature
SOUTHWEST FLORIDA
WATER MANAGEMENT DISTRICT
NOTICE OF
AUTHORIZA TION
TO COMMENCE CONSTRUCTION
Zephyrhills Municipal Airport - Evans Building
PROJECT NAME
Government
PROJECT TYPE
Pasco
COUNTY
12, 13/26S/21 E
SEC(s)rrWP(s)/RGE(s)
City of Zephyrhills
PERMITTEE
APPLICATION NO.: 44014227.004
DATE ISSUED: June 14, 2004
ac(/3'~
Issuing Authority
THIS NOTICE SHOULD BE CONSPICUOUSLY
DISPLAYED AT THE SITE OF THE WORK
41.00-075 (10192)
An Equal
Opportun~y
Employer
Thomas $. Dabney, II
Chair, Sarasota
Watson L Haynes, II
Vice Chair, Pinellas
Janet D. Kovach
Secretary, Hillsborough
Maggie N. Dominguez
Treasurer, Hillsborough
Edward W. Chance
Manatee
Ronnie E. Duncan
Pinellas
Pamela L Fentress
Highlands
Ronald C. Johnson
Polk
Heidi B. McCree
Hillsborough
T. G. ~Jerry' Rice
Pasco
Judith C.' Whitehead
Hemando
David L Moore
Executive Director
Ge.e A. Heath
Assistant ExecL(ive Director
Willia", s. Bilenky
General Counsel
Protecting Your
Water Resources
Southwest Florida
Water Management District
-, -.
-co rl~r1' -:. -- ~_
2379 Broad Street, Brooksville, Florida 34604-6899
(352) 796-7211 or 1-800-423-1476 (FL only)
SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only)
On the Internet at: WaterMatters.org
.-
Tampa Service Office
7601 Highway 301 North
Tampa, Florida 33637-6759
(813) 985-7481 or
1-800-836-0797 (FL only)
SUNCOM 578-2070
Bartow Service Office
170 Century Boulevard
Bartow. Rorida 33830-7700
(863) 534-1448 or
1-800-492-7862 (Fl only)
SUNCOM 572-6200
Sarasota Service Office
6750 Fruitville Road
Sarasota, Rorida 34240-9711
(941) 377-3722 or
1-800-320-3503 (Fl only)
SUNCOM 531-6900
Lecanto Service Office
3600 West Sovereign Path
Suite 226
Lecanto, Rorida 34461-8070
(352) 527-8131
SUNCOM 667-3271
NOTICING PACKET PUBLICATION INFORMATION
PLEASE SEE THE REVERSE SIDE OF THIS NOTICE FOR A LIST OF
FREQUENTLY ASKED QUESTIONS (FAQ)
The District's action regarding the issuance or denial of a permit or qualification for an
exemption only becomes closed to future legal challenges from members of the public ("third
parties"), if 1.) "third parties" have been properly notified of the District's action regarding the
permit or exemption, and 2.) no "third party" objects to the District's action within a specific
period of time following the notification.
Notification of "third parties" is provided through publication of certain information in a
newspaper of general circulation in the county or counties where the proposed activities are
to occur. Publication of notice informs "third parties" of their right to challenge the District's
action. If proper notice is provided by publication, "third parties" have a 21-day time limit in
which to file a petition opposing the District's action. A shorter 14~day time limit applies to
District action regarding Environmental Resource Permits linked with an authorization to use
Sovereign Submerged Lands. However, if no notice to "third parties" is published, there is
no time limit to a party's right to challenge the District's action. The District has not
published a notice to "third parties" that it has taken or intends to take final action on your
application. If you want to ensure that the period of time in which a petition opposing the
District's action regarding your application is limited to the time frames stated above, you
may publish, at your own expense, a notice in a newspaper of general circulation. A copy of
the Notice of Agency Action the District uses for publication and guidelines for publishing are
included in this packet.
Guidelines for Publishing a Notice of Agency Action
1. Prepare a notice for publication in the newspaper. The District's Notice of Agency
Action, included with this packet, contains all of the information that is required for
proper noticing. However, you are responsible for ensuring that the form and the
content of your notice comply with the applicable statutory provisions.
2. Your notice must be published in accordance with Chapter 50, Florida Statutes. A
copy of the statute is enclosed.
3. Select a newspaper that is appropriate considering the location of the activities
proposed in your application, and contact the newspaper for further information
regarding their procedures for publishing.
4. You only need to publish the notice for one day.
5. Obtain an "affidavit of publication" from the newspaper after your notice is published.
6. Immediately upon receipt send the ORIGINAL affidavit to the District at the address
below, for the file of record. Retain a copy of the affidavit for your records.
Southwest Florida Water Management District
Records and Data Supervisor
2379 Broad Street
Brooksville, Florida 34604-6899
Note: If you are advertising a notice of the District's proposed action, and the District's final
action is different, publication of an additional notice may be necessary to prevent future
legal challenges. If you need additional assistance, you may contact Myra Ford at ext. 4338,
at the Brooksville number listed above. (Your question may be on the FAQ list).
42_00-039 (Rev_ 09/01)
--.. .--"~-.....:- :..:..:....:..-.~ .--'-'-:_.....;:._..~..~""'.....~~
FAQ ABOUT NOTICING
1. Q. Do I have to do this noticing, and what is this notice for?
A. You do not have to do this noticing. You need to publish a notice if you want to ensure that a "third
party" cannot challenge the District's action on your permit or exemption at some future date. If you
choose not to publish, there is no time limit to a third party's right to challenge the District's action.
2. Q. What do I need to send to the newspaper?
A. The enclosed one page notice form entitled "Notice of Final Agency Action (or Proposed Agency
Action) By The Southwest Florida Water Management District." You must fill in the blanks before
sending it.
3. Q. Do I have to use the notice form, or can I make up my own form?
A. You do not have to use our form. However, your notice must contain all information that is in the
form.
4. Q. Do I send the newspaper the whole form (one page) or just the top portion that has blanks?
A. Send the full page form which includes the NOTICE OF RIGHTS section on the bottom half.
5. Q. Do I type or print the information in the blanks? Or will the newspaper fill in the blanks?
A. You are required to fill in the blanks on the form before sending it to the newspaper. Contact your
selected newspaper for instructions on printing or typing the information in the blanks.
6. Q. The section 50.051, F.S. (enclosed) proof of publication form of uniform affidavit has blanks in the
text. Do I fill in these blanks and send that to the newspaper?
A. No. That section shows the affidavit the newspaper will send you. They will fill in the blanks.
7. Q. If someone objects, is my permit or exemption, no good?
A. If you publish a notice and a "third party" files a request for administrative hearing within the allotted
time, the matter is referred to an administrative hearing. While the case is pending, generally, you
may not proceed with activities under the challenged agency action. When the hearing is complete,
the administrative law judge's (ALJ) recommendation is returned to the District Governing Board, and
the Governing Board will take final action on the ALJ's recommendation. There is no time limit for a
"third party" to object and file a request for administrative hearing if you do not publish a notice.
8. Q. I don't understand what I should put in the blanks on the Notice form?
A.
1. County, Section/Township/Range, application No., permit No., proposed permit No.,
Exemption No., or permit inquiry No. is on your Permit, Exemption, or Denial document.
2. Permit Type or Application Type is Environmental Resource Permit, Water Use Permit, Work
of the District, etc.
3. # of Acres is the project acres. This is listed on the Environmental Resource Permit
documents. For Water Use Permits, Exemptions, etc., you may put "Not Applicable" if
unknown.
4. Rule or Statute reference (Exemptions only). The rule and/or statute reference is at the top of
page one in the reference line of the Exemption. For all others, put "Not Applicable" in this
blank.
5. Type of Project describes your project activity. Environmental Resource Permit = Agriculture,
Commercial, Government, Industrial, Mining, Road Projects, Residential, Semi-Public or Water
Quality Treatment. Water Use Permit = Agricultural (if irrigating, state that it is irrigation and
specify what is being irrigated), Industrial Commercial, Recreation Aesthetic, Mining
Dewatering, or Public Supply. Work of the District = pipeline, etc.
6. Project Name is the name of your project, if applicable. If there is no project name, put "Not
Applicable" in this blank.
4? 00-039 (Rev 09/01\
NOTICE OF FINAL AGENCY ACTION BY
THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
Notice is given that the District's Final Agency Action is approval of the
on
acres to seNe
known as
The project is located in
County, Section(s)
Towrtlship
South, Range
East. The permit applicant
is
''--".'
,whose address is
The permit no. is
The tile(s) pertaining to the project referred to above is available for inspection Monday through
Friday except for legal holidays, 8:00 a.m. to 5:00 p.m., at the Southwest Florida Water Manage-
ment District (District)
"I - - f ~;','r -. r;,ffr':f,.; r::I:(F~ DO:"j~;ln
NOTICE OF RIGHTS
Any person whose substantial interests are affected by the District's action regarding this permit
may request an administrative hearing in accordance with Sections 120.569 and 120.57, Florida
Statutes (F.S.), and Chapter 28-106, Florida Administrative Code (F.A.C.), of the Uniform Rules of
Procedure. A request for hearing must (1) explain how the substantial interests of each person
requ~sting the hearing will be affected by the District's action, or final action; (2) state all material
facts disputed by each person requesting the hearing or state that there are no disputed facts;
and (3) otherwise comply with Chapter 28-106, F.A. C. A request for hearing must be filed with
and received by the Agency Clerk of the District at the District's Brooksville address, 2379 Broad
Street, Brooksville, FL 34604-6899 within 21 days of publication of this notice (or within 14 days for
an Environmental Resource Permit with Proprietary Authorization for the use of Sovereign Sub-
merged Lands). Failure to file a request for hearing within this time period shall constitute a
waiver of any right such person may have to request a hearing under Sections 120.569 and
120.57, F.S.
Because the administrative hearing process is designed to formulate final agency action, the filing
of a petition means that the District's final action may be different from the position taken by it in
this notice of final agency action. Persons whose substantial interests will be affected by any
such final decision of the District on the application have the right to petition to become a party to
the proceeding, in accordance with the requirements set forth above.
Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding the
District's final action in this matter is not available prior to the filing of a request for hearing.
42.00-039 (Rev. 09/01)
CHAPTER 50, FLORIDA STATUTES
.
LEGAL AND OFFICIAL ADVERTISEMENTS
50.011 Where and in what language legal notices to be published.
50.021 Publication when no newspaper in county.
50.031 Newspapers in which legal notices and process may be published.
50.041 Proof of publication; uniform affidavits required.
50.051 Proof of publication; form of uniform affidavit.
50.061 Amounts chargeable.
50.071 Publication costs; court docket fund.
50.011 Where and in what language legal notices to be published.-
Whenever by statute an official or legal advertisement or a publication, or notice in a newspaper has been or is directed or permitted
in the nature of or in lieu of process, or for constructive service, or in initiating, assuming, reviewing, exercising or enforcing jurisdiction
or power, or for any purpose, including all legal notices and advertisements of sheriffs and tax collectors, the contemporaneous and
continuous intent and meaning of such legislation all and singular, existing or repealed, is and has been and is hereby declared to be and
to have been, and the rule of interpretation is and has been, a publication in a newspaper printed and published periodically once a week
or oftener, containing at least 25 percent of its words in the English language, entered or qualified to be admitted and entered as
1second-class matter at a post office in the county where published, for sale to the public generally, available to the public generally for
the publication of official or other notices and customarily containing information of a public character or of interest or of value to the
residents or owners of property in the county where published, or of interest or of value to the general public.
History.-s. 2, ch. 3022,1877; RS 1296; GS 1727; s. 1, ch. 5610,1907; RGS 2942; s. 1, ch. 12104, 1927; CGL 4666,4901; s. 1,
ch. 63-387; is. 6, ch. 67-254.
1Note.-Hedesignated as "Periodicals" by the United States Postal Service, see 61 F.R. 10123-10124, March 12, 1996.
Note.-lFormer s. 49.01.
50.021 Publication when no newspaper in county.-
When ~ny law, or order or decree of court, shall direct advertisements to be made in any county and there be no newspaper published
in the said cbunty, the advertisement may be made by posting three copies thereof in three different places in said county, one of which
shall be at the front door of the courthouse, and by publication ill the nearest county in which a newspaper is published.
History.-RS 1297; GS 1728; RGS 2943; CGL 4667; s. 6, ch. 67-254.
Note.-lFormer s. 49.02.
50.031 :Newspapers in which legal notices and process may be published.-
No notice or publication required to be published in a newspaper in the nature of or in lieu of process of any kind, nature, character
or description provided for under any law of the state, whether heretofore or hereafter enacted, and whether pertaining to constructive
service, or title initiating, assuming, reviewing, exercising or enforcing jurisdiction or power, by any court in this state, or any notice of sale
of property, real or personal, for taxes, state, county or municipal, or sheriffs, guardian's or administrator's or any sale made pursuant
to any judicil:Jl order, decree or statute or any other publication or notice pertaining to any affairs of the state, or any county, municipality
or other political subdivision thereof, shall be deemed to have been published in accordance with the statutes providing for such
publication, Junless the same shall have been published for the prescribed period of time required for such publication, in a newspaper
which at th~ time of such publication shall have been in existence for 1 year and shall have been entered as 1second-class mail matter
at a post office in the county where published, or in a newspaper which is a direct successor of a newspaper which together have been
so published; provided, however, that nothing herein contained shall apply where in any county there shall be no newspaper in existence
which shallltlave been published for the length of time above prescribed. No legal publication of any kind, nature or description, as herein
defined, shall be valid or binding or held to be in compliance with the statutes providing for such publication unless the same shall have
been published in accordance with the provisions of this section. Proof of such publication shall be made by uniform affidavit.
History.-ss. 1-3, ch. 14830,1931; CGL 1936 Supp. 4274(1); s. 7, ch. 22858,1945; s. 6, ch. 67-254; s. 1, ch. 74-221.
1Note.-Hedesignated as "Periodicals" by the United States Postal Service, see 61 F.R. 10123-10124, March 12, 1996.
Note.-lFormer s. 49.03.
50.041 Proof of publication; uniform affidavits required.-
(1) All affidavits of publishers of newspapers (or their official representatives) made forthe purpose of establishing proof of publication
of public notices or legal advertisements shall be uniform throughout the state.
(2) Each such affidavit shall be printed upon white bond paper containing at least 25 percent rag material and shall be 8% inches
in width and of convenient length, not less than 5% inches. A white margin of not less than 2% inches shall be left at the right side of each
affidavit form and upon or in this space shall be substantially pasted a clipping which shall be a true copy of the public notice or legal
advertisement for which proof is executed_
(3) In all counties having a population in excess of 450,000 according to the latest official decennial census, in addition to the charges
which are now or may hereafter be established by law for the publication of every official notice or legal advertisement, there may be a
charge not to exceed $2 for the preparation and execution of each such proof of publication or publisher's affidavit.
History.-s. 1, ch_ 19290, 1939; CGL 1940 Supp. 4668(1); s. 1, ch_ 63-49; s. 26, ch_ 67-254; s_ 1, ch_ 76-58.
Note.-Former s_ 49_04.
50.051 Proof of publication; form of uniform affidavit.-
The printed form upon which all such affidavits establishing proof of publication are to be executed shall be substantially as follows:
42.00-039 (Rev_ 09/01)
STATE OF FLORIDA
COUNTY OF
Before the undersigned authority personally appeared , who on oath says that he or she is __ of the , a
--- newspaper published at in ___ County, Florida; that the attached copy of advertisement, being a
in the matter of __ in the __ Court, was published in said newspaper in the issues of ____.
Affiant further says that the said ___ is a newspaper published at __, in said __ County, Florida, and that the
said newspaper has heretofore been continuously published in said __ County, Florida, each and has been entered as
lsecond-class mail matter at the post office in ___, in said County, Florida, for a period of 1 year next preceding the first
publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said
newspaper.
Sworn to and subscribed before me this day of , 19_, by ____, who is personally known to me or who has
produced. (type of identification) as identification.
_(Signature of Notary Public)_
_(Print, Type, or Stamp Commissioned Name of Notary Public)_
__(Notary Public)_
Histary.-s. 2, ch. 19290, 1939; CGL 1940 Supp. 4668(2); s. 6, ch. 67-254; s. 1, ch. 93-62; s. 291, ch. 95-147.
lNote.-Redesignated as "Periodicals" by the United States Postal Service, see 61 F.R. 10123-10124, March 12, 1996.
Noter-Former s. 49.05.
50.061 Amounts chargeable.-
(1) The publisher of any newspaper publishing any and all official public notices or legal advertisements shall charge therefor the rates
specified in this section without rebate, commission or refund.
(2) The charge for publishing each such official public notice or legal advertisement shall be 70 cents per square inch for the first
insertion and 40 cents per square inch for each subsequent insertion, except that:
(a) In all counties having a population of more than 304,000 according to the latest official decennial census, the charge for publishing
each such official public notice or legal advertisement shall be 80 cents per square inch for the first insertion and 60 cents per square inch
for each s\1bsequent insertion.
(b) In till counties having a population of more than 450,000 according to the latest official decennial census, the charge for publishing
each suchiofficial public notice or legal advertisement shall be 95 cents per square inch for the first insertion and 75 cents per square inch
for each s~bsequent insertion. .
(3) Wlt1ere the regular established minimum commercial rate per square inch of the newspaper publishing such official public notices
or legal adivertisements is in excess of the rate herein stipulated, said minimum commercial rate per. square inch may be charged for all
such legal advertisements or official public notices for each insertion, except that a governmental agency publishing an official public
notice or lagal advertisement may procure publication by soliciting and accepting written bids from newspapers published in the county,
in which CC!lse the specified charges in this section do not apply.
(4) Alii official public notices and legal advertisements shall be charged and paid for on the basis of 6-point type on 6-point body,
unless otherwise specified by statute.
(5) Arty person violating a provision of this section, either by allowing or accepting any rebate, commission, or refund, commits a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(6) Failure to charge the rates prescribed by this section shall in no way affect the validity of any official public notice or legal
advertisement and shall not subject same to legal attack upon such grounds.
History.-s. 3, ch. 3022, 1877; RS 1298; GS 1729; RGS 2944; s. 1, ch. 12215, 1927; CGL 4668; ss. 1, 2, 2A, 2B, ch. 20264, 1941;
s. 1,ch.23663, 1947;s. 1,ch.57-160;s. 1, ch.63-50;s. 1,ch. 65-569;s. 6,ch.67-254;s. 15,ch. 71-136;s. 35, ch. 73-332;s. 1,ch.
90-279.
Note.-Former s. 49.06.
50.071 Publication costs; court docket fund.-
(1) There is established in Broward, Dade, and Duval Counties a court docket fund for the purpose of paying the cost of the
publication of the fact of the filing of any civil case in the circuit court in those counties by their counties by their style and of the calendar
relating to such cases. A newspaper qualified under the terms of s. 50.011 shall be designated as the record newspaper for such
publication by an order of a majority of the judges in the judicial circuit in which the subject county is located and such order shall be filed
and recorded with the clerk of the circuit court for the subject county. The court docket fund shall be funded by a service charge of $1
added to the filing fee for all civil actions, suits, or proceedings filed in the circuit court of the subject county. The clerk of the circuit court
shall maintain such funds separate and apart, and the aforesaid fee shall not be diverted to any other fund or for any purpose other than
that established herein. The clerk of the circuit court shall dispense the fund to the designated record newspaper in the county on a
quarterly basis. The designated record newspaper may be changed at the end of any fiscal year of the county by a majority vote of the
judges of the judicial circuit of the county so ordering 30 days prior to the end of the fiscal year, notice of which order shall be given to
the previously designated record newspaper.
(2) The board of county commissioners or comparable or substituted authority of any county in which a court docket fund is not
specifically established in subsection (1) may, by local ordinance, create such a court docket fund on the same terms and conditions as
established in subsection (1).
(3) The publishers of any designated record newspapers receiving the court docket fund established in subsection (1) shall, without
charge, accept legal advertisement for the purpose of service of process by publication under s_ 49_011 (4), (10), and (11) when such
publication Is required of persons authorized to proceed as insolvent and poverty-stricken persons under s. 57.081.
History.-s_ 1, ch. 75-206.
NAME OF NEWSPAPER
Published (Weekly or Daily)
(Town or City) (County) FLORIDA
, .
PART II HEARINGS INVOLVING
DISPUTED ISSUES OF MATERIAL FACT
28-106.201 Initiation of Proceedings.
(1) Unless otherwise provided by statute, initiation of
proceedings shall be made by written petition to the agency
responsible for rendering final agency action. The term
"petition" includes any document that requests an evidentiary
proceeding and asserts the existence of a disputed issue of
material fact Each petition shall be legible and on 8 ~ by 11
inch white paper. Unless printed, the impression shall be on
one side of the paper only and lines shall be double-spaced.
(2) All petitions fIled under these rules shall contain:
(a) The name and address of each agency affected and
each agency's file or identification number, ifknown;
(b) The name, address, and telephone number of the
petiti~ner; the name, address, and telephone number of the
petitioner's representative, if any, which shall be the address
for service purposes during the course of the proceeding; and
an explanation of how the petitioner's substantial interests will
be ~cted by the agency determination;
(c) A statement of when and how the petitioner received
notiCCl of the agency decision;
(d) A statement of all disputed issues of material fact If
there are none, the petition must so indicate;
(e) A concise statement of the ultimate facts alleged,
including the specific facts the petitioner contends warrant
reversal or modification of the agency's proposed action;
(f) A statement of the specific rules or statutes the
petitiOlner contends require reversal or modification of the
agency's proposed action; and .
(g). A statement of the relief sought by the petitioner,
stating precisely the action petitioner wishes the agency to
take With respect to the agency's proposed action.
(3) Upon receipt of a petition involving disputed issues of
materilll fact, the agency shall grant or deny the petition, and
if ~ed shall, unless otherwise provided by law, refer the
matter to the Division of Administrative Hearings with a
request that an administrative law judge be assigned to
conduet the hearing. The request shall be accompanied by a
copy of the petition and a copy of the notice of agency action.
(4) A petition shall be dismissed if it is not in substantial
compliance with subsection (2) of this rule or it has been
untimely fIled. Dismissal of a petition shall, at least once, be
withoUlt prejudice to petitioner's filing a timely amended
petitiolll curing the defect, unless it conclusively appears from
the face of the petition that the defect cannot be cured.
(5) The agency shall promptly give written notice to all
parties of the action taken on the petition, shall state with
particularity its reasons if the petition is not granted, and shall
state the deadline for fIling an amended petition if applicable.
Specific Authority 120.54(3), (5) F.s. Law Implemented
120.54(5), 120.569. 120.57 F.S. History-New 4-1-97,
Amended 9-17-98.
PART m PROCEEDINGS AND HEARINGS
NOT INVOLVING DISPUTED ISSUES OF
MATERIAL FACT
28-106.301 Initlation of Proceedings
(1) Initiation of a proceeding shall be made by written
petition to the agency responsible for rendering fmal agency
action. The term "petition" includes any document which
requests a proceeding. Each petition shall be legible and on
8 ~ by 11 inch white paper or on a form provided by the
agency. Unless printed, the impression shall be on one side of
the paper only and lines shall be double-spaced.
(2) All petitions filed under these rules shall contain:
(a) The name and address of each agency affected and
each agency's file or identification number, if known;
(b) The name, address, and telephone number of the
petitioner; the name, address, and telephone number of the
petitioner's representative, if any, which shall be the address
for service purposes during the course of the proceeding; and
an explanation of how the petitioner's substantial interests will
be affected by the agency determination;
(c) A statement of when and how the petitioner received
notice of the agency decision;
(d) A concise statement of the ultimate facts alleged,
including the specific facts the petitioner contends warrant
reversal or modification of the agency's proposed action;
(e) A statement of the specific rules or statutes the
petitioner contends require reversal or modification of the
agency's proposed action; attd
(f) A statement of the relief sought by the petitioner,
stating precisely the action petitioner wishes the agency to
take with respect to the agency's proposed action.
(3) If the petition does not set forth disputed issues of
material fact, the agency shall refer the matter to the presiding
officer designated by the agency with a request that the matter
be scheduled for a proceeding not involving disputed issues
of material fact. The request shall be accompanied by a copy
of the petition and a copy of the notice of agency action.
(4) A petition shall be dismissed if it is not in substantial
compliance with subsection (2) of this Rule or it has been
untimely filed. Dismissal of a petition shall, at least once, be
without prejudice to petitioner's filing a timely amended
petition curing the defect, unless it conclusively appears from
the face of the petition that the defect cannot be cured.
(5) The agency shall promptly give written notice to all
parties of the action taken on the petition, shall state with
particularity its reasons if the petition is not granted, and shall
state the deadline for filing an amended petition if applicable.
Specific Authority 120.54(5) F.S. Law Implemented
120.54(5), 120.569, 120.57 F.S. History-New 4-1-97,
Amended 9-17-98.
42.00-028 (10/99)
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EXHIBIT "A"
1. All activities shall be implemented as set forth in the plans, specifications and performance criteria as approved
by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall
constitute a violation of this permit.
2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications, shall be kept
at the work site of the permitted activity. The complete permit shall be available for review at the work site upon
request by District staff. The permittee shall require the contractor to review the complete permit prior to
commencement of the activity authorized by this permit.
3. Activities approved by this permit shall be conducted in a manner which does not cause violations of state water
quality standards. The permittee shall implement best management practices for erosion and a pollution control
to prevent violation of state water quality standards. Temporary erosion control shall be implemented prior to
and during construction, and permanent control measures shall be completed within 7 days of any construction
activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring
suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain
in place at all locations until construction is completed and soils are stabilized and vegetation has been
established. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall
correct any erosion or shoaling that causes adverse impacts to the water resources.
4. Water quality data for the water discharged from the permittee's property or into the surface waters of the state
shall be submitted to the District as required by the permit. Analyses shall be performed according to procedures
outlined in the current edition of Standard Methods for the Examination of Water and Wastewater by the
American Public Health Association or Methods for Chemical Analyses of Water and Wastes by the U.S.
Environmental Protection Agency. If water quality data are required, the permittee shall provide data as required
on volumes of water discharged, including total volume discharged during the dQ.Ys of sampling and total monthly
volume discharged from the property or into surface waters of the state.
5. District staff must be notified in advance of any proposed construction dewatering. If the dewatering activity is
likely to result in offsite discharge or sediment transport into wetlands or surface waters, a written dewatering plan
must either have been submitted and approved with the permit application or submitted to the District as a permit
prior to the dewatering event as a permit modification. A water use permit may be required prior to any use
exceeding the thresholds in Chapter 40D-2, FAC.
6. Stabilization measures shall be initiated for erosion and sediment control on disturbed areas as soon as
practicable in portions of the site where construction activities have temporarily or permanently ceased, but in
no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently
ceased.
7. Off-site discharges during construction and development shall be made only through the facilities authorized by
this permit. Water discharged from the project shall be through structures having a mechanism suitable for
regulating upstream stages. Stages may be subject to operating schedules satisfactory to the District.
8. The permittee shall complete construction of all aspects of the surface water management system, including
wetland compensation (grading, mulching, planting), water quality treatment features, and discharge control
facilities prior to beneficial occupancy or use of the development being served by this system.
ERP General Conditions
Individual (Construction, Conceptual, Mitigation Banks), General, Minor Systems
Page 1 of 3
41.00-023 (Rev 03/02)
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18. This permit does not convey to the permittee or create in the permittee 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 permittee, or convey any rights or privileges other than those specified in the permit and Chapter 400-4 or
Chapter 400-40, FAC.
19. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which
may arise by reason of the activities authorized by the permit or any use of the permitted system.
20. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application,
including plans or other supporting documentation, shall not be considered binding unless a specific condition
of this permit or a formal determination under section 373.421 (2), F.S., provides otherwise.
21. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of
ownership or control of the permitted system or the real property at which the permitted system is located. All
transfers of ownership or transfers of a permit are subject to the requirements of Rule 400-4.351, FAC. The
permittee transferring the permit shall remain liable for any corrective actions that may be required as a result
of any permit violations prior to such sale, conveyance or other transfer.
22. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have permission
to enter, inspect, sample and test the system to insure conformity with District rules, regulations and conditions
of the permits.
23. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall
immediately notify the District and the Florida Department of State, Division of Historical Resources.
24. The permittee shall immediately notify the District in writing of any previously submitted information that is later
discovered to be inaccurate.
ERP General Conditions
Individual (Construction, Conceptual, Mitigation Banks), General, Minor Systems
Page 3 of 3
41.00-023 (Rev 03/02)