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02-509-000IWIF -11111117,-, MIAMI-DADE COUNTY, FLORIDA a ` -MIAMI-0ADE SOURCES, MANAGEMENT September 11, 2002 ENVIRONMENTAL WA ER CONTROL SECTION Mr. Michael J. Getz SURE 200 South Miami Apartments MIAMI, FLORIDA DA W. MAv3E.N5u4E 2665 South Bayshore Drive, Suite 702 (am) M-6WI Coconut Grove, Florida 33133 RE: SURFACE WATER MANAGEMENT STANDARD GENERAL PERMIT NO. 13-01938-P DATE ISSUED: SEPTEMBER 5, 2002 PERMITTEE: SHOAL CREEK PROPERTIES, LLC. PROJECT DESCRIPTION: THE CONSTRUCTION OF A SURFACE WATER MANAGEMENT SYSTEM TO SERVE A 2.82 ACRE DEVELOPMENT KNOWN AS SOUTH MIAMI APARTMENTS. PROJECT LOCATION: S.W. 59 PLACE & S.W. 70 STREET, MIAMI-DADE COUNTY, SECTION 331[ WP53S1R40E PERMIT DURATION: FIVE YEARS FROM THE DATE ISSUED TO COMPLETE CONSTRUCTION OF THE SURFACE WATER MANAGEMENT SYSTEM AS AUTHORIZED HEREIN, IN ACCORDANCE WITH RULE 40E-4.321. FAC. Dear Mr. Getz This is to notify you of the Department's action concerning Permit Application No. 020417-1 dated April 17, 2002. This action is taken pursuant to Rule 40E-1.606 and Chapter 40EAO, Florida Administrative Code (F.A.C.). Based on the information provided, Miami -Dade County and District rules have been adhered to and a- Surface Water Management General Permit is in effect for this project subject to: 1. Not receiving a filed request for a Chapter 120, Florida Statutes, administrative hearing. 2. the attached Standard Limiting Conditions, 3. the attached Special Conditions, and 4. the attached set of approved plans. • V 77___S6ulh Miami Apartments Page 2 Should you object to any of these conditions, please refer to the attached "Notice of Rights" which addresses the i. procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights", we will assume that you concur with the Miami -Dade County DERM's action. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a "Notice of Rights" has been mailed to this addressee no later than 5.00 p.m. 11th day of September 2002, in accordance with Section 120.6(3), Florida Statutes. Sincerely, l J M. Tobon, P.E. Chief, Water Control Section CC: CERTIFIED MAIL NO.: RETURN RECEIPT REQUESTED REVIEWER: WALID ABUSAD FIELD INSPECTOR: MAHMOUD ABDALLAH PLAN REVIEW DIVISION: DUDLEY BROWN South Miami Apartments Page 3 SPECIAL CONDITIONS 1. MINIMUM FINISHED FLOOR ELEVATION SHALL NOT BE LOWER THAN ELEVATION +12.50 FEET N.G.V.D. 2. MINIMUM GRADE ELEVATION ONSITE: +10.00 FEET N.G.V.D 3. PROVIDE 395 L.F. OF FRENCH DRAIN TO CONTAIN THE 5 -YEAR STORM EVENT ON SITE. 4. THE PERMITTEE SHALL BE RESPONSIBLE TO ESTABLISH ADEQUATE MEASURES AND CONTROL DURING CONSTRUCTION TO ENSURE THAT SEDIMENTATION AND/OR TURBIDITY PROBLEMS, DO NOT IMPACT ADJACENT FACILITIES. SAID MEASURES SHALL BE USED ALSO TO PREVENT SILTATION OF THE CONSTRUCTED DRAINAGE SYSTEM DURING SITE DEVELOPMENT. 5. SILT SCREEN, HAY BALES OR OTHER SEDIMENT CONTROL MEASURES SHALL BE UTILIZED DURING CONSTRUCTION. 6. IN ADDITION, THE PERMITTEE 'SHALL FACILITATE ACCESS TO THE SITE TO PERSONNEL OF THE DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT, WHEN REQUESTED FOR INSPECTION, AT ANY TIME DURING AND • AFTER CONSTRUCTION OF THE PERMITTED WORK. ., 7. THE OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF SOUTH MIAMI APARTMENTS. 8. ANY- FUTURE CHANGES IN LAND USE MAY REQUIRE A SURFACE WATER MANAGEMENT PERMIT MODIFICATION AND ADDITIONAL ENVIRONMENTAL REVIEW BY WATER CONTROL STAFF. PRIOR TO THE PERMITTEE INSTITUTING ANY FUTURE CHANGES NOT AUTHORIZED BY THIS PERMIT, THE PERMITTEE SHALL NOTIFY THE DERM OF SUCH INTENTIONS FOR A DETERMINATION OF ANY NECESSARY PERMIT MODIFICATIONS. r South Miami Apartments Page 4 SPECIAL CONDITIONS (CONTINUED) 9. A PRECONSTRUCTION MEETING WITH PERMITTEE, CONTRACTOR AND DERM REPRESENTATIVE IS REQUIRED AND MUST BE SCHEDULED 10 DAYS PRIOR TO START OF WORK. CONTACT MAHMOUD ABDALLAH AT (305) 372-6681 TO ARRANGE THIS MEETING. 10. WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE PERMITTED ACTIVITY, THE PERMITTEE SHALL SUBMIT A WRITTEN STATEMENT OF COMPLETION AND CERTIFICATION BY A REGISTERED PROFESSIONAL ENGINEER OR OTHER APPROPRIATE INDIVIDUAL AS AUTHORIZED BY LAW, UTILIZING THE SUPPLIED SURFACE WATER MANAGEMENT PERMIT CONSTRUCTION COMPLETION/CONSTRUCTION CERTIFICATION FORM NO. 0881. THE STATEMENT OF COMPLETION AND CERTIFICATION SHALL BE BASED ON ONSITE OBSERVATION OF CONSTRUCTION OR REVIEW OF ASBUILT DRAWINGS FOR THE PURPOSE OF DETERMINING IF THE WORK WAS COMPLETED IN COMPLIANCE WITH PERMITTED PLANS AND SPECIFICATIONS. THIS SUBMITTAL SHALL SERVE TO NOTIFY THE DERM THAT THE SYSTEM IS READY FOR INSPECTION. ADDITIONALLY, IF DEVIATION FROM THE APPROVED DRAWINGS ARE DISCOVERED DURING THE CERTIFICATION PROCESS, THE CERTIFICATION MUST BE ACCOMPANIED BY A COPY OF THE APPROVED PERMIT DRAWINGS WITH DEVIATIONS NOTED. BOTH THE ORIGINAL AND REVISED SPECIFICATIONS MUST BE CLEARLY SHOWN, THE PLANS MUST BE CLEARLY LABELED "ASBUILT" OR "RECORD" DRAWING. ALL SURVEYED DIMENSIONS AND ELEVATIONS SHALL BE CERTIFIED BY A REGISTERED SURVEYOR. 12. A NPDES STORMWATER PERMIT MAY BE REQUIRED AS PER RULE 62-621.300(4), F.A.C. FOR THE PROPOSED CONSTRUCTION ACTIVITY. PLEASE CONTACT THE FLA. DEPARTMENT OF ENVIRONMENTAL PROTECTION. NPDES STORMWATER SECTION AT (805) 921-9904 OR WWW.DEP.STATE.FL.USMATER/STORMWATERINPDES/. Form 0537 South Florida Water Management; DiS trict 3/96 GENERAL PERMIT NOTICE or RIGHTS .This Notice of Rights is intended to Inform the recipient of the administrative and judicial review which may be available as mandated by section 120.60(3). Florida Statutes. Be advised that although this notice is Intended to be comprehensive. the review procedures not forth herein have been the subject of judicial construction and Interpretation which may affect the administrative of judicial review available. Recipients are therefore advised to become familiar with Chapters 120 and 373. Florida Statutes. and the judicial interpretation of the provisions of these chapters. 1. If a substantially affected person objects to the staff's recommendation, that person has the right to request an administrative hearing on the proposed agency action. The substantially affected person may request either a formal or an informal hearing. as set forth below. Failure to comply with the prescribed time periods shall constitute a waiver of the right to a hearing. 2. If a substantially affected person believes a genuine Issue of material fact Is in dispute. that person may request a formal hearing pursuant to section 120.57(11. Florida Statutes. by filing a petition not later than: a. IF NOTICE OF THE APPLICATION WAS PUBLISHED BY THE APPLICANT. within fourteen 1141 days after mailing of the proposed agency action or b. 1F NOTICE OF THE APPLICATION WAS NOT PUBLISHED. within fourteen (141 days after receipt of actual notice. The request for a section 120.5711). F.S., formal hearing must comply with the requirements of Rule 40E•1.521. Florida Administrative Code. a copy of which is attached. Petitions are deemed filed upon receipt by the District. Failure to substantially comply with the provisions of Rule 40E-1.521. Florida Administrative Code. shall constitute a waiver of the -right to a 120.57(1) hearing. If a petition for administrative hearing is not timely filed. the staff's proposed agency will automatically mature into final agency action. 3. If a substantially affected person believes that no Issues of material tact are in dispute. that person may request an informal hearing pursuant to section 120.57(2). F.S.. by filing a petition for hearing not later than: a. IF NOTICE OF THE APPLICATION WAS PUBLISHED BY THE APPLICANT. within fourteen (14)days after mailing of the proposed agency action or b. IF NOTICE OF THE APPLICATION WAS NOT PUBLISHED. within fourteen (141 days after receipt of actual notice. A request for informal hearing shall be considered as a waiver of the right to request a formal section 120.5701. F.S., hearing. A request far a section 120.S7(1) F.S.. for Wsrii6W ng noTTn sus an 11 comp ra ce wr the "to siallirot7uts'I0E=1:52?; F.A.C., may be considered by the District as a request for Informal hearing. It a petition for administrative hearing is not timely filed. the staff's proposed agency action will automatically mature into final agency action. 4. Pursuant to section 373.114. Florida Statutes. a party to the proeeedipg below may seek review of a Final Order rendered on the permit application before the Land and Water Adjudicatory Commission. as provided therein. Review under this seedon s initiated by filing a request for review with the Land and Water Adjudicatory Commission and serving a copy of the Department of Environmental Protection and any person named In the order within 20 days after rendering of the District's Order. However. when the order to be reviewed has statewide or regional significance. as determined by the Land and Water Adjudicatory Commission within 60 days after receipt of a request for review. the commission may accept a request for review from any affected person within 30 days after the rendering of the order. Review under section 373.114. Florida Statutes. is limited solely to a determination of consistency with the provisions and purposes of Chapter 373. Florida Statutes. This review is appellate in nature and limited to the record below. S. A party who Is adversely affected by final agency action on the permit application is entitled to judicial review in the District Court of Appeal pursuant to section 120.68. Florida Statutes. as provided therein. Review under Section 120.68. Florida Statutes in the District Court of Appeal Is Initiated by filing a petition In the appropriate District Court of Appeal in accordance with Florida rule of appellate Procedure 9.110. The Notice of Appeal must be filed within 30 days of the final agency action. 6. Section 373.617121. Florida Statutes. provides: Any person substantially affected by a final action of any agency with respect to a permit may seek review within 90 days of the rendering of such decision and request monetary damages and other relief in the circuit court In the judicial circuit in which the affected property is looated: however. circuit court review shall be confined solely to determining whether final agency action is an unreasonable exercise of the state's police power constituting a taking without just compensation. Review of final agency action for the purpose of determining whether the action is in accordance with existing statutes or rules and based on component substantial evidence shall proeeerf in accordance with Chapter 120. 7. Please be advised that exhaustion of administrative remedies is generally a prerequisite to appeal to lite District Court of Appeal or the seeking of Circuit Court review of final agency action by the District on the permit application. There are. however. exceptions to the exhaustion —elf remant. The applicant is advised to consult the ease law as to the requiramon•z of exhaustion exceptions. 40E-1521 Initiation of Formal Proceedings (1) Initiation of lormal proceedings shall be made by petition to the District. The term petition as used herein Includes any application or other Joeumant which expresses a request for formal p:oeeedin2s . Each petition should be printed. typewritten or otherwise duplicated in legible form on white paper at standard legal size. Unless printed. the impression shall be on one side of the paper only an lines shall be double-spaced and Indented. (2) Ali petitions filed under these rules shall contain: (a) The name and address of the District and the District's fila or Identification number. if known; (b) The name and address of the petitioner or petitioners; (c) An explanation of how each petitioners substandal interests wig be affected by the District's determination; (dl A statement of when and how petitioner received notice of the District's decision or Intent to render a decision; (e) A statement of all disputed issues of material fact. If there are none. the petitioner must so indicate; (fl A concise statement of the ultimate facts which petitioner believes entitle petitioner to the relief sought as well as the rules and statutes which support petitioner's claim for relief. (g) A demand for the relief to which the petitioner deems himself entitled; and IN Other information which the petitioner contends Is material. (3) Upon receipt of a petition for formal proceedings. the Office of Counsel shall review the petition for compliance with subsection (21. The Board shall accept those petitions In substantial compliance therewith. which have been timely filed, which establish that the petitioner is a substantially affected party, and which state a dispute which is within the jurisdiction of the District to resolve. 11 accepted. the Board shall designate the presiding officer of the administrative hearing. The District shall promptly give written notice to all parties of the action taken an the petition, and shall state with particularity Its reasons therefor. (4) If a petition is filed that does not substantially comply with the requirement of subsection (2) of this section. the District shall issue an order dismissing the petition with leave to file an amended patition complying with the requirements of this rule within the time period designated in the order. 11 an amended petition complying with this rule Is not filed with the District Clerk within the designated time period. the petitioner's right to a processing under Section 120.57. Florida Statutes. is waived. (5) If a valid petition is filed. with the consent of all parties and upon a showing of good cause. Board action on the petition pursuant to Section 120.S70)(b) shall be waived. 'Good cause' shag mean a set of circumstances unforeseen and outside of the control of the person requesting the waiver. - (6) When a valid petition for administrative hearing has been fled. the Board action shall defer consideration of the matter pending the completion of the administrative hearing and the subrfdttal of a recommended order. and any exceptions to that order. I: (7) If the Board designates a Hearing Officer assigned by the Division of Administrative Hearings as the presiding officer. the District Clerk shall forward the petition and all relevant materials filed with the District to the Division of Administrative Hearings. and shall notify all parties of its action. Specific Authority 120.53. 373.044. 373.113 F.S. Law Implemented 120.53(11. 120.57. 373.113 F.S. History —hew 9.3-81. formerly 16K-109.(11. 16K-1.112(1) —(3). 16K-1.12. Amended 5.11-93. LIMITING CONDITIONS I 1; THE PERMITTEE SHALL IMPLEMENT THE WORK AUTHORIZED IN A MANNER AS TO MINIMIZE ANY ADVERSE IMPACT OF THE WORKS OF FISH, WILDLIFE, NATURAL ENVIRONMENTAL VALUES, AND WATER QUALITY. THE PERMITTEE SHALL • INSTITUTE NECESSARY MEASURES DURING THE CONSTRUCTION PERIOD, INCLUDING FULL COMPACTION OF ANY FILL MATERIAL PLACED AROUND NEWLY INSTALLED STRUCTURES, TO REDUCE EROSION, TURBIDITY, NUTRIENT LOADING ' AND SEDIMENTATION IN THE RECEIVING WATERS. 2. WATER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PERMITTEE'S PROPERTY OR INTO SURFACE WATERS OF THE S'L'ATE WILL BE SUBMITTED TO THE DADE COUNTY DERM AS REQUIRED BY SECTION 5.9, "BASIS REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN* SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994." PARAMETERS TO BE MONITORED MAY INCLUDE THOSE LISTED IN CHAPTER 62-3.02, F.A.C. IF WATER QUALITY DATA IS REQUIRED, THE PERMITTE•'E SHALL PROVIDE DATA ON VOLUMES OF WATER DISCHARGED, INCLUDING TOTAL VOLUME DISCHARGED DURING THE DAYS OF SAMPLING AND TOTAL MONTHLY DISCHARGES FROM THE PROPERTY OR INTO SURFACE Or THE STATE. 3. THIS PERMIT SHALL -NOT RELIEVE THE PERMITTEE OF -ANY OBLIGATION TO OBTAIN NECESSARY FEDERAL, STATE, LOCAL OR SPECIAL DISTRICT APPROVALS. 4. THE OPERATION PHASE OF THIS PERMIT WILL NOT BECOME EFFECTIVE UNTIL DADE COUNTY DERM'S ACCEPTANCE OF CERTIFICATION OF THE COMPLETE SURFACE WATER MANAGEMENT SYSTEM. 5. ALL ROAD ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRITERIA SET FORTH IN CHAPTER 11 C OF THE METROPOLITAN DADE COUNTY CODE. 6. ALL BUILDING FLOOR ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRITERIA SET FORTH IN SECTION 6.4, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 19940. 7. OFF-SITE DISCHARGES DURING CONSTRUCTION AND DEVELOPMENT WILL BE MADE r ONLY THROUGH THE FACILITIES AUTHORIZED BY THIS PERMIT. 8. A PERMIT TRANSFER TO THE OPERATION PHASE SHALL NOT OCCUR UNTIL A RESPONSIBLE ENTITY MEETING THE REQUIREMENT IN SECTION 9.0, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994," HAS BEEN ESTABLISHED TO OPERATION AND MAINTAIN THE SYSTEM. THE ENTITY MUST BE PROVIDED WITH SUFFICIENT OWNERSHIP OR LEGAL INTEREST SO THAT IT HAS CONTROL OVER ALL WATER MANAGEMENT FACILITIES AUTHORIZED HEREIN. f 9. THE PERMIT 'DOES NOT CONVEY TO THE PERMITTEE ANY PROPERTY RIGHT NOR ANY RIGHTS OR PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAPTER 40E-4, FAC. 10. THE PERMITTEE SHALL HOLD AND SAVE DADE COUNTY HARMLESS FROM ANY AND ALL DAMAGES, CLAIMS, OR LIABILITIES W14ICH MAY ARISE BY REASON OF THE CONSTRUCTION, OPERATION, MAINTENANCE OR USE OF ANY FACILITY AUTHORIZED BY THE PERMIT. 1.1. THIS PERMIT IS ISSUED BASED ON THE APPLICANT'S SUBMITTED INFORMATION WHICH REASONABLY DEMONSTRATES THAT ADVERSE WATER RESOURCE RELATED IMPACTS WILL NOT BE CAUSED BY THE COMPLETED PERMIT ACTIVITY. SHOULD • LIMITING CONDITIONS PAGE (2) ANY ADVERSE IMPACTS CAUSED BY THE COMPLETED SURFACE WATER MANAGEMENT SYSTEM OCCUR, DE -RM WILL REQUIRE THE PERMITTEE TO PROVIDE APPROPRIATE MITIGATION TO DERM OR OTHER IMPACTED PARTY. DERM WILL REQUIRE THE PERMITTEE TO MODIFY THE SURFACE WATER MANAGEMENT SYSTEM, IF NECESSARY, TO ELIMINATE THE CAUSE OF THE ADVERSE IMPACTS. ,12. WITHIN 30 DAYS OF ISSUANCE OF THIS PERMIT, THE PERMITTEE OR AUTHORIZED AGENT SHALL NOTIFY DERM (VIA THE SUPPLIED CONSTRUCTION COMMENCEMENT NOTICE OR EQUIVALENT) OF THE ACTUAL OR ANTICIPATED CONSTRUCTION START DATE AND THE EXPECTED COMPLETION DATE. 13. WHEN THE DURATION OF CONSTRUCTION EXCEEDS ONE YEAR, THE PERMITTEE OR AUTHORIZED AGENT SHALL SUBMIT CONSTRUCTION STATUS REPORTS ON AN ANNUAL BASIS (VIA THE SUPPLIED ANNUAL STATUS REPORT OR EQUIVALENT) BEGINNING ONE YEAR AFTER THE INITIAL COMMENCEMENT OF CONSTRUCTION. 14. WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE SURFACE WATER MANAGEMENT SYSTEM, THE PERMITTEE OR•AUTHORIZED AGENT SHALL FILE -A WRITTEN STATEMENT OF COMPLETION AND CERTIFICATION BY A FLORIDA REGISTERED PROFESSIONAL ENGINEER. THESE STATEMENTS MUST SPECIFY THE ACTUAL DATE OF CONSTRUCTION COMPLETION AND MUST- CERTIFY THAT ALL FACILITIES HAVE BEEN CONSTRUCTED IN SUBSTANTIAL•CONFORMANCE WITH THE PLANS AN SPECIFICATIONS APPROVED BY DERM (VIA THE SUPPLIED CONSTRUCTION COMPLETION/CONSTRUCTION CERTIFICATION OR EQUIVALENT). THE CONSTRUCTION COMPLETION CERTIFICATION' MUST INCLUDE, AT A MINIMUM, EXISTING ELEVATIONS, LOCATIONS AND DIMENSIONS OF THE COMPONENTS OF THE WATER MANAGEMENT FACILITIES. ADDITIONALLY, IF DEVIATIONS FROM THE APPROVED DRAWING ARE DISCOVERED DURING THE CERTIFICATION PROCESS, THE CERTIFICATION MUST BE ACCOMPANIED BY A COPY OF THE APPROVED PERMIT DRAWINGS WITH DEVIATIONS NOTED. 15. WITHIN 30 DAYS OF SALE, CONVEYANCE OR OTHER TRANSFER OF ANY OF THE y LAND WHICH IS PROPOSED FOR DEVELOPMENT UNDER 'THE AUTHORIZATION OF THIS PERMIT, THE PERMITTEE SHALL NOTIFY DERM OF SUCH TRANSFER IN WRITING VIA EITHER FORM 0483, REQUEST FOR PERMIT TRANSFER; OR FORM " 0920, REQUEST FOR TRANSFER OF SURFACE WATER MANAGEMENT CONSTRUCTION PHASE TO OPERATION PHASE (TO BE COMPLETED AND SUBMITTED BY THE OPERATING ENTITY), IN ACCORDANCE WITH SECTIONS 40E-1.6105 AND 40E-4.351, F.A.C. 16. A PRORATED SHARE OF SURFACE WATER MANAGEMENT RETENTION/DETENTION AREAS, SUFFICIENT TO PROVIDE THE REQUIRED FLOOD PROTECTION AND WATER QUALITY TREATMENT, MUST BE PROVIDED PRIOR TO OCCUPANCY OF ANY BUILDING ORIkESIDENCE. 17. A STABLE, PERMANENT AND ACCESSIBLE ELEVATION REFERENCE SHALL BE ESTABLISHED ON OR WITHIN ONE HUNDRED (100) FEET OF ALL PERMITTED DISCHARGE STRUCTURES NO LATER THAN THE SUBMISSION OF THE CERTIFICATION REPORT. THE LOCATION OF THE ELEVATION REFERENCE MUST BE NOTED ON OR WITH THE CERTIFICATION REPORT. 18. IT IS THE RESPONSIBILITY OF THE PERMITTEE TO INSURE THAT ADVERSE - OFF-SITE WATER RESOURCE RELATED IMPACTS DO NOT OCCUR DURING CONSTRUCTION. 19. THE PERMITTEE MUST OBTAIN A DEWATERING PERMIT PRIOR TO CONSTRUCTION DEWATERING.