SJRWMD - Letter - 06-16-08 �pHNS .,,,
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1N'OGEMe-s'` Kirby B.Green III,Executive Director• David W.Fisk,Assistant Executive Director
' 4049 Reid Street • P.O.Box 1429 • Palatka, FL 32178-1429 • (386)329-4500 c r-�
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On the Internet at wwsjrwmd.com. 1 E
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June 16, 2008 .� CjTy-
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City Edgewater of
PO Box 100
Edgewater, FL 32132
RE: Consolidated Notice of Intended District Decision for a Permit and Sovereign State Lands
Authorization for Application 4-127-23000-9
Dear Sir/Madam:
The staff of the St. Johns River Water Management District has completed its review of the
application described below. The District has permitting jurisdiction under Chapters 40C-1, 40C-
42, or 40C-4, F.A.C., Chapters 120 and 373, F.S. The District has the authority to issue
Sovereign Submerged Lands authorizations under Chapters 18-20 and 18-21, F.A.C. and
Chapters 253 and 258, F.S. •
The District gives consolidated notice of its intent to issue a permit and Sovereign Submerged
Lands authorization to the following applicant(s) on July 8, 2008:
Edgewater Harbor LLC, 2 Jungle Hut Road, Suite 2, Palm Coast, FL 32137, application #4-
127-23000-9. The project is located in Volusia County, Sections 13 &24, Township 18
South, Range 34 East. The ERP application is for construction of a new commercial
waterfront/marina complex that includes a fishing pier and a 10-slip boat dock to serve.a
330-boat dry stack warehouse. The SSL authorization is for the pier's terminal platform.
The applicant is requesting a variance from Class II water quality standards to erect the
marine structures in waters that are conditionally restricted for shellfish harvesting. The
project is known as Edgewater Harbor Waterfront Improvements and consists of 59.94-
acres. The receiving waterbody is the Indian River.
PETITIONS FOR ADMINISTRATIVE PROCEEDINGS
Please refer to the attached Notice of Rights to determine any legal rights you may have •
concerning the District's intended action on the permit application(s) described in this letter.
GOVERNING BOARD
David G.Graham,CHAIRMAN Susan N.Hughes,VICE CHAIRMAN Ann T Moore,SECRETARY W.Leonard Wood,TREASURER
JACKSONVILLE PONTEVEDRA BUNNELL
FERNANDINA BEACH
_C.Bournique Michael Ertel Hersey"Herky"Huffman Arlen N.Jumper Hans G.Tanzler III
BE\ACH OVIEDO ENTERPRISE FORT Jumper JACKSONVILLE
• 1�
MAKING COMMENTS OR OBJECTIONS FOR PERSONS WHO DO NOT
WISH TO FILE PETITIONS FOR ADMINISTRATIVE PROCEEDINGS
If you have comments or-°objections to this Notice of Intended District Decision, but you do not
wish to file a petition for Formal Administrative Proceedings, comments or objections should be
made in writing to: Director, Permit Data Services, P.O. Box 1429, Palatka, Florida 32178-
1429. In order for comments or objections to be considered by the Governing Board prior to
taking action on the application, they must be received at least seven (7) days before the
meeting at which the application will be considered. You are entitled to appear at the public
meeting to address the Governing Board concerning the application. The staff
recommendation, any presentation by you or others, and any objections will be considered by
the Board before a final permit decision is made.
If you wish to receive a copy of the Technical Staff Report(TSR)which provides the staff's
analysis of the application and any recommended conditions on the proposed permit and
Sovereign Submerged Lands authorization, please submit your request to receive the TSR to
the Director of Permit Data Services at the address listed above.
The file(s) containing the application is available for inspection Monday through Friday except
for legal holidays, 8:00 a.m. to 5:00 p.m. at the St. Johns River Water Management District
Headquarters, 4049 Reid St., Palatka, Florida. You may also view files at one of the District's
Service Centers, but you should call Service Center staff in advance to make sure that the files
are at a specific Service Center.
The Governing Board will consider this permit application during the meeting which
begins at 1:00 p.m. on July 8, 2008, or as soon thereafter as it may come to be heard at:
St. Johns River Water Management District Headquarters, 4049 Reid St., Palatka, FL
32177. The District's Governing Board's Regulatory Committee may also review and
discuss permit applications at its meeting scheduled for 10:00 a.m., July 8, 2008. This
Regulatory Committee will review the regulatory agenda with District staff and make
recommendations regarding which regulatory agenda items should be included on the
consent agenda and which items should be pulled for discussion at the 1:00 p.m.
Regulatory Meeting of the Governing Board.Although the Regulatory Committee may
make recommendations on these regulatory agenda items, only the Governing Board
may take final action at its Regulatory Meeting beginning at 1:00 p.m., July 8, 2008.
Anyone wishing to address the Governing Board on any regulatory item may do so at
the Regulatory Meeting at 1:00 p.m. Both the Regulatory Committee Meeting and the
Governing Board Regulatory Meeting will take place in the Governing Board room at St.
Johns River Water Management District Headquarters, 4049 Reid Street, Palatka,
Florida 32177.Agenda items scheduled for action on Tuesday, July 08, 2008, may be
postponed for consideration at the Governing Board meeting which begins at 9:00 a.m.
on July 9, 2008.
•
Questions concerning this project should be addressed to Rickie Ottesen, Engineer III, in the
Altamonte Springs Service Center((407)659-4860) or Lee Kissick, Senior Regulatory
Scientist, in the Altamonte Springs Service Center((407)659-4850).
Sincerely,
5'1 OreadedV
Gloria Lewis, Director
Division of Regulatory Information Management
Enclosures: Notice of Rights
cc: District File
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T • •
Notice Of Rights
1. A person whose substantial interests are or may be affected has the right to request an
administrative hearing by filing a written petition with the St. Johns River Water
Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida
Administrative Code, the petition must be filed (received) either by delivery at the office of
the District Clerk at District Headquarters, P. O. Box 1429, Palatka Florida 32178-1429
(4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at
Clerk @sjrwmd.com, within fourteen (14) days of the District depositing notice of District
decision in the mail (for those persons to whom the District mails actual notice), within
fourteen (14) days of the District emailing notice of District decision (for those persons to
whom the District emails actual notice), or within fourteen (14) days of newspaper
publication of the notice of District decision (for those persons to whom the District does
not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and
120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. The
District will not accept a petition sent by facsimile (fax), as explained in paragraph no. 5
below. Mediation pursuant to Section 120.573, Florida Statutes, is not available.
2. If the Governing Board takes action that substantially differs from the notice of District
decision, a person whose substantial interests are or may be affected has the right to
request an administrative hearing by filing a written petition with the District, but this
request for administrative hearing shall only address the substantial deviation. Pursuant to
Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be
filed (received) at the office of the District Clerk at the mail/street address or email address
described in paragraph no. 1 above, within fourteen (14) days of the District depositing
notice of final District decision in the mail (for those persons to whom the District mails
actual notice), within fourteen (14) days of the District emailing the notice of final District
decision (for those persons to whom the District emails actual notice), or within fourteen
(14) days of newspaper publication of the notice of final District decision (for those persons
to whom the District does not mail or email actual notice). A petition must comply with
Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida
Administrative Code. Mediation pursuant to Section 120.573, Florida Statutes, is not
available.
3. A person whose substantial interests are or may be affected has the right to a formal
administrative hearing pursuant to Sections 120.569 and 120.57(1), Florida Statutes,
where there is a dispute between the District and the party regarding an issue of material
fact. A petition for formal hearing must also comply with the requirements set forth in Rule
28-106.201, Florida Administrative Code.
4. A person whose substantial interests are or may be affected has the right to an informal
administrative hearing-pursuant to Sections 120.569 and 120.57(2), Florida Statutes, _ _
where no material facts are in dispute. A petition for an informal hearing must also comply
with the requirements set forth in Rule 28-106.301, Florida Administrative Code.
5. A petition for an administrative hearing is deemed filed upon receipt of the complete
petition by the District Clerk at the District Headquarters in Palatka, Florida. Petitions
received by the District Clerk after 5:00 p.m., or on a Saturday, Sunday, or legal holiday,
shall be deemed filed as of 8:00 a.m. on the next regular District business day. The
District's acceptance of petitions filed by e-mail is subject to certain conditions set forth in
the District's Statement of Agency Organization and Operation (issued pursuant to Rule
28-101.001, Florida Administrative Code), which is available for viewing at
www.sjrwmd.com. These conditions include, but are not limited to, the petition being in the
form of a PDF file and being capable of being stored and printed by the District. Further,
pursuant to the District's Statement of Agency Organization and Operation, attempting to
file a petition by facsimile is prohibited and shall not constitute filing.
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Notice Of Rights
6. Failure to file a petition for an administrative hearing within the requisite time frame shall
constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, Florida
Administrative Code):
7. The right to an administrative hearing and the relevant procedures to be followed are
governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code,
and Rule 40C-1.1007, Florida Administrative Code. Because the administrative hearing
process is designed to formulate final agency action, the filing of a petition means the
District's final action may be different from the position taken by it in this notice.A person
whose substantial interests are or may be affected by the District's final action has the right
to become a party to the proceeding, in accordance with the requirements set forth above.
8. A person with a legal or equitable interest in real property who believes that a District
permitting action is unreasonable or will unfairly burden the use of their property, has the
right to, within 30 days of receipt of the notice of District decision regarding a permit
application, apply for a special magistrate proceeding under Section 70.51, Florida
Statutes, by-filing a written-request for relief at the Office of the District Clerk located at
District Headquarters, P. 0. Box 1429, Palatka, FL 32178-1429 (4049 Reid St., Palatka, FL
32177). A request for relief must contain the information listed in Subsection 70.51(6),
Florida Statutes. Requests for relief received by the District Clerk after 5:00 p.m., or on a
Saturday, Sunday, or legal holiday, shall be deemed filed as of 8:00 a.m. on the next
regular District business day.
9. A timely filed request for relief under Section 70.51, Florida Statutes, tolls the time to
request an administrative hearing under paragraph nos. 1 or 2 above. (Paragraph
70.51(10)(b), Florida Statutes). However, the filing of a request for an administrative
hearing under paragraph nos. 1 or 2 above waives the right to a special magistrate
proceeding. (Subsection 70.51(10)(b), Florida Statutes).
10. Failure to file a request for relief within the requisite time frame shall constitute a waiver of
the right to a special magistrate proceeding. (Subsection 70.51(3), Florida Statutes).
11. Any person whose substantial interests are or may be affected who claims that final action
of the District constitutes an unconstitutional taking of property without just compensation
may seek review of the action in circuit court pursuant to Section 373.617, Florida
Statutes, and the Florida Rules of Civil Procedures, by filing an action in circuit court within
90 days of rendering of the final District action, (Section 373.617, Florida Statutes).
12. Pursuant to Section 120.68, Florida Statutes, a party to the proceeding before the District
who is adversely affected by final District action may seek review of the action in the
District Court of Appeal b_y_filing a notice of appeal pursuant to_Rules 9.110 and.9.190,
Florida Rules of Appellate Procedure, within 30 days of the rendering of the final District
action.
13. A party to the proceeding before the District who claims that a District order is inconsistent
with the provisions and purposes of Chapter 373, Florida Statutes, may seek review of the
order pursuant to Section 373.114, Florida Statutes, by the Florida Land and Water
Adjudicatory Commission, by filing a request for review with the Commission and serving a
copy on the Florida Department of Environmental Protection and any person named in the
order within 20 days of the rendering of the District order.
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Notice Of Rights
14. A District action is considered rendered, as referred to in paragraph nos. 11, 12, and 13
above, after it is signed on behalf of the District, and is filed by the District Clerk.
15. Failure to observe the relevant time frames for filing,a petition for judicial review as
described in paragraph nos. 11 and 12 above, or for Commission review as described in
paragraph no. 13 above, will result in waiver of that right to review.
Certificate of Service
I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been
sent by U.S. Mail to:
City of Edgewater
PO Box 100
Edge-Water, FC32132
at 4:00 p.m. this 16th day of June, 2008.
teal .
r
Division of Regulatory Information Management
Gloria Lewis, Director
St. Johns River Water Management District
Post Office Box 1429
Palatka, FL 32178-1429
(386) 329-4152
Permit Number: 4-127-23000-9