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ATTACHMENT “A”
FOR DISCRETIONARY
PUBLICATION OF NOTICE OF
DETERMINATION OF
QUALIFICATION FOR AN
INDIVIDUAL PERMIT
In the Matter of an Application for a Determination of Qualification
for an Individual Permit by:
Turtle Beach Land Company, LLC
c/o Marc Rutenberg
2611 Keystone Road, Suite B-4
Tarpon Springs, FL, 34688
DEP File No.: 52-0334712-002-EI; County: Pinellas
The Department of Environmental Protection gives notice that it has received a request for authorization to redevelop an existing 34.34-acre, 61-lot subdivision landward of Sutherland Bayou, an Outstanding Florida Waterbody (OFW). This subdivision was partially developed in the early 1980's as Sutherland Crossing which was originally platted as Pointe Seaside. All of the subdivision infrastructure, including roads, utilities, stormwater management system (SWMS), lot grading and finished lot construction, has been completed. More than half of the vertical housing units (35 of the approved 61 total zoning units) were constructed. Without altering the existing subdivision infrastructure, 34 of the 35 existing stilt homes will be demolished and 61 single-family lots will be developed for the construction of new homes in conformance with current Pinellas County building standards. The existing SWMS for the development consists of three dry detention ponds that treat the internal road system. The existing control structure and underdrain treatment systems will remain. The three ponds will be expanded to provide additional water quality treatment. In addition to expanding the existing SWMS, water quality treatment swales will be added to the rear yards of lots where feasible to provide additional water quality treatment prior to discharge into Sutherland Bayou. The 150% OFW treatment criteria is being implemented in the existing/expanded SWMS. The pond expansion and the addition of the swales is proposed to be an approximate 252% increase in water quality treatment over the existing SWMS. In order to provide protection and minimize secondary impacts to the existing onsite wetlands, a total dedicated conservation easement/upland buffer area of 9.08 acres will be provided. The conservation easement will be granted to Pinellas County. Water quantity attenuation and floodplain compensation are not required due to the project being located within a basin that discharges directly to a tidal water body. No wetland impacts are proposed or authorized.
The existing 5,108-square-foot dock on the property is a fishing/observation pier with no vessel mooring authorized. It shall remain in the same configuration and usage as authorized pursuant to DER Permit No. 520535383 issued November 23, 1982. The pier was verified to qualify for an exemption to be repaired/replaced in the same location and configuration pursuant to FDEP Exemption No. 52-0334712-001 issued May 11, 2015.
The project is located along Seaview Drive, Crystal Beach, Florida 34681, in Section 2, Township 28 South, Range 15 East, in Pinellas County, at latitude 280 4' 56.81/longitude -820 46' 39.25”. The Department has determined that the project qualifies for an individual permit established under 62-330.054, F.A.C.
A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57 of the F.S. The petition must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.
Mediation is not available.
If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205 of the Florida Administrative Code.
In accordance with rule 62-110.106(3), F.A.C., petitions for an administrative hearing must be filed within 21 days of publication of the notice or receipt of written notice, whichever occurs first. Under rule 62-110.106(4) of the F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000 prior to the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Upon motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect, the Department may also grant the requested extension of time.
The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that right.
A petition that disputes the material facts on which the Department's action is based must contain the following information:
(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 are or will be affected by the agency determination;
(c) A statement of when and how the petitioner received notice 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 that the petitioner 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 that the petitioner wishes the agency to take with respect to the agency's proposed action.
A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule 28-106.301, F.A.C.
Under sections 120.569(2) (c) and (d) of the Florida Statutes, a petition for administrative hearing shall be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed.
Complete copies of all documents relating to this general permit are available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, at the Department's Southwest District Office, 13051 North Telecom Parkway, Temple Terrace, FL 33637-0926.
July 15, 2016 16-05298N