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Strada BellaCOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ENGINEERING REVIEW SECTION MEMORANDUM TO: FROM: DATE: RE: Sue FilSOn, Administrative Assistant John R. Houldsworth, Senior Engineer ~_~O March 14,2002 Strada Bella Preliminary Work Authorization Attached please find a Preliminary Work Authorization for Strada Bella. This document has been reviewed by Engineering Review and the Countv Attorney's Office. Collier County Resolution No. 93-147 provides for the administrative approval of preliminary work authorizations. Please have the Chairman sign the document and forward to the Clerk's office. Should you have any questions, please advise. jrh cc: Project File Reading File "STRADA BELLA" PRELIMINARY WORK AUTHORIZATION THIS AGREEMENT made and entered into this 5th day of March, 2002, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "County", and Strada Bella Development LLC, hereinafter referred to as the "Owner". RECITALS: WHEREAS, the County has adopted Collier County Ordinance No. 00-53 known as the Olde Cypress PUD Ordinance, hereinafter referred to as Strada Bella; and WHEREAS, Owner represents and warrants it is the record fee title owner of the lands described in Boundary Survey, prepared by Brett Bishop, Land Surveying Inc., said legal description attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the South Florida Water Management District is currently reviewing an application for a surface water management permit for Strada Bella, SFWMD Application No. 1101232-S (see attached Exhibit B); and WHEREAS, Owner represents that the Preliminary Work Authorization is needed because failure to commence work on this project immediately will result in financial hardship to owner and may adversely affect the feasability of the project; and WHEREAS, Owner represents and warrants that no construction shall occur in environmentally sensitive areas unless the necessary permits and approvals for the construction have been obtained by the Owner; and WHEREAS, Owner acknowledges that all requirements of Collier County's Growth Management Plan and Adequate Public Facilities Ordinance, No. 93-82, will be met prior to approval of a final subdivision plat, or final site development plan or building permit, as appropriate; and WHEREAS, Section 3.2.7.3.6 of the Land Development Code establishes a mechanism for processing and issuing a Preliminary Work Authorization. NOW THEREFORE, in consideration of the premises, the mutual undertakings of the parties, and other good and valuable consideration, it is agreed by the parties hereto as follows: SECTION 1 - ACKNOWLEDGMENT The foregoing recitals are true and correct and are incorporated herein by reference. Further, it is jointly acknowledged that the execution of this Agreement does not constitute a Development Order or any other final approval by Collier County. SECTION 2 - IMPROVEMENTS A. Owner shall be permitted to perform site preparation and construction activities subject to the conditions, limitations and restrictions contained in Sections 3 through 7 below, as follows: The preliminary work detailed in this Section shall be in accordance with plans entitled Strada Bella; consisting of 9 sheets, prepared by Landy Engineering, dated March 16, 2001, hereinafter referred to as "The Preliminary Work". The legal description of the boundaries of the Preliminary Work is shown on the preliminary plat for Strada Bella consisting of 2 sheets prepared by Brett Bishop, Brett Bishop Land Surveying, Inc. B. Prior to any work being undertaken, owner shall submit to the County complete permit packages and applicable review and inspection fees for the necessary permits for the Preliminary Work (the "Preliminary Work Permits"). These applications are as follows: FP #AR - 912 SECTION 3 - PERMITS REQUIRED Issuance of the Preliminary Work permits shall be conditioned upon the following: a. County staff finding that the applications for Preliminary Work Permits are complete and satisfactory and are ready for scheduling to the Board of County Commissioners for final plat approval. b. Owner submitting to the County a copy of the early work permit or actual permit from the South Florida Water Management District for all matters included in the jurisdiction of the South Florida Water Management District, which conforms with the Preliminary Work Release plans submitted to the County. SFWMD Permit #1101232-S issued June 25, 2001 2 SECTION 4 - APPROVALS County will issue the Preliminary Work Permits to permit the Preliminary Work prior to plat approval once conditions in Section 3 above have been satisfied. Owner understands and acknowledges that no building permit will be issued for habitable structures within Strada Bella until the plat is approved and recorded. SECTION 5 - INDEMNIFICATION Owner agrees to indemnify and hold County harmless against any and all liability, loss, damage or expense from claims or causes of action including attorneys fees and court costs, resulting from, arising out of, and in connection with Owner's negligence and/or willful misconduct in the construction of the Preliminary Work under the Preliminary Work Permits or any challenge by any person or party objecting to the legality or validity of this Agreement. SECTION 6 - RESTRICTIONS This Agreement shall be binding upon the parties and is not transferable. SECTION 7 - LIMITATIONS This Agreement shall expire thirty (30) days from the date of the issuance of the Preliminary Work Permits if the project's final plat is not submitted to the Board of County Commissioners for approval pursuant to Division 3.2 of the Land Development Code, unless the Owner is delayed in having his final plat reviewed by the Board due to the fault of the County. All work approved by this Agreement must cease and not restart if the final plat is not submitted and approved by the Board of County Commissioners within this authorization period. No work is authorized under this Agreement prior to satisfying the conditions in Section 3 of this Agreement. Any attempt to commence work prior to issuance of requisite permits shall render all provisions of this Agreement null and void. By entering into this Agreement the County does not guarantee and the Owner can not rely upon the fact that the project's final plat will be approved upon submission to the Board of County Commissioners. The Owner is required to comply with all of the provisions and procedures of the Land Development Code before the final plat can be submitted to the Board for consideration. IN WITNESS WHEREOF, the parties have executed this Agreement the day first above written. Witne s(J P,~ name Witness Printed nme Strada Bella Development, LLC A Flori~ability Company John So/~ng Member Dwight ~.. ~l~J,..~:., ,,, ~ove~'q~~g dflegal sufficiency: Assist~t ~un{y Attorney, ~}r,~ STA~ OF ~OR~A COUNTY OF COLLAR Public Seal BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA The foregoi0g 6pplication was acknowledged before me this /15'~ day of /~4~ ~-~ 200~ by ~](~]"SF-) ~[/'~--_~ , w. ho is personally known to me, or who has produced as identification and who did (did not) take an oath. S~gnature d~ l~l;~aryt-' - - Print n~e of Not~ ~blic NOTARY PUBLIC SefiaFCommission ~ ~ ~ My Commission Expires · { ] ~% ~ ~ 4 03/05/02 cOUNTY-I ....... REAL PROPERTY-DESCRIPTION ALL OF TRACT 7, AND A PORTION OF TRACT J, OLDE CYPRESS, UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 52 AT PAGES 1 THROUGH 11 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 7; THENCE N.89'O4'49"E., ALONG THE NORTH LINE OF SAID TRACT 7, A DISTANCE OF . ORTHEAST CORNER OF SAID TRACT 7; THENCE 14.45.28 FEET TO THE N _._ RACT 7 AND THE EASTr-RLY LINE OF SAID TRACI ,J, ,~, u~o-~,~- ~' ' CURVATURE OF A CURVE TO THE RIGHT, HAVING: A RADIUS OF 525.00 FEET, A CENTRAL ANGLE OF 47'45'26", A CHORD BEARING OF N.69'12'f2"W-, AND A CHORD LENGTH OF 26~.12 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 270.89 FEET TO A POINT ON THE SOUTHERLY UNE OF SAiD TRACT ?; THENCE N.4.5'19'55"W., ALONG SAID SOUTHERLY LINE, A DISTANCE OF 60.90 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, HAVING: A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 45'55'54", A CHORD BEARING OF N.68'O7'.33"W., AND A CHORD LENGTH OF 23.25 FEET; THENCE ALONG THE ARC OF SAiD CURVE AND SAID SOUTHERLY LINE, AN ARC LENGTH OF 25.88 FEET; THENCE] S. 89'06'06"W., ALONG SAID SOUTHERLY LINE A DISTANCE OF 946.65 FEET TO THE POINT OF CURVATURE OF A CURVE T,O THE RIGHT, HAVING: A RADIUS OF 195.00 FEET, A CENTRAL ANGLE OF 59'15'48", A CHORD BEARING OF S.78'50'14"W-, ANO A CHORD LENGTH OF 192.8:2 FEET; THENCE ALONG THE ARC OF SAID CURVE, AN ARC LENGTH OF 201.70 FEET TO A POINT ON THE WESTERLY LINE OF SAID TRACT J; THENCE N.OI'OO'OS"W., ALONG THE WESTERLY LINE OF SAID TRACT J AND THE WESTERLY LINE OF SAiD TRACT 7, A DISTANCE OF 254-.23 FEET TO THE POINT OF BEGINNING. CONTAINING 8.17 ACRES, MORE OR LESS. '.'-' ,~, m.T ,,,~ .I~.T. 15:44 FAX 9416436968 COLLIER CO COMMUNITY DEV ~006 STAFF REPORT DISTRIBUTION LIST STRADA BELLA APPLICATION NUMBER: 010530-6 PERMIT MODIFICATION NUMBER: 11-01232-S INTERNAL DISTRIBUTION Reviewer: X Harry T. Spotts X Victor Maqwaza, E.I. X Karen M. Johnson X Richard H. Thompson, P.E. Fort Myers Service Center - 1620 J. Golden REG R. Robbins - NRM A. Waterhouse - REG X Permit File X FIELD ENGINEERING P. Bell - LEG ERC Engineering X ERC Environmental Enforcement DEPT. OF ENVIRONMENTAL PROTECTION EXTERNAL DISTRIBUTION X Applicant: SANTORINI VILLAS DEVELOPMENT II LL£ X Applicant's Consultant LANDY ENGINEERING INC X Engineer, County of: COLLIER COUNTY X Collier -Agricultural Agent BUILDING AND ZONING OTHER X Collier-County Audubon Society X Div of Recreation and Park District 8 X Florida Audubon - Charles Lee X Florida Fish & Wildlife Conservation Com X Leonore Reich X S.W.F.R.P.C. Glenn Heath EXHIBIT 6 Form #0942 08/95 SOUTH FLORIDA WATER MANAGEMENT DISTRICT SURFACE WATER MANAGEMENT GENERAL PERMIT NO. 11-01232-S PERMITTEE' SANTORINI VILLAS DEVELOPMENT II LLC 2043 TRADE CENTER WAY NAPLES, FL 34109 DATE ISSUED' June 25, 2001 PROJECT DESCRIPTION- MODIFICATION OF A SURFACE WATER MANAGEMENT SYSTEM SERVING 8.17 ACRE(S) OF RESIDENTIAL DEVELOPMENT KNOWN AS STRADA BELLA. PROJECT LOCATION. COLLIER COUNTY, SEC 21TWP 48S RGE 26E PERMIT DURATION: Five years from the date issued to complete construction of the surface water management system as authorized herein. See attached Rule 40E-4.321. Florida Administrative Code. This is to notify you of the District's agency action concerning Permit Application No. 010530-6, dated May 30, 2001. This action is taken pursuant to Rule 40E-1.606 and Chapter 40E-40, Florida Administrative Code (F.A.C.). Based on the information provided, 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 8 Special Conditions, and 4. the attached 6 Exhibit(s). Should you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of th6 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 District's action. CERTIFICATE OF SERVICE I HEREBY CERl~'~hat a "Notice of Rights" has been mailed to the Permittee (and the persons/qtiste$ in/the attached distribution list) no later than 5:00 p.m. on this 25th (~y~of ~une//,~, in accordance with Section 120.60(3), Florida Statutes. C 'i ~--Merri a~f Service Direct Center o~ Ft Myers Service Center Certified Mail No.7000 0600 0023 0588 0311 Enclosures NOTICE OF RIGHTS Section 120.569(1), Fla. Stat. (1999), requires that "each notice shall inform the recipient of any administrative hearing or judicial review that is available under this section, s. 120.57, or s. 120.68; shall indicate the procedure which must be followed to obtain the hearing or judicial review, and shall state the time limits which apply." Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. Petition for Administrative Proceedings 1. A person whose substantial interests are affected by the South Flodda Water Management District's (SFWMD) action has the right to request an administrative headng on that action. The affected person may request either a formal or an informal headng, as set forth below. A point of entry into administrative proceedings is governed by Rules 28-106.111 and 40E-1.511, Fla. Admin. Code, (also published as an exception to the Uniform Rules of Procedure as Rule 40E-0.109), as set forth below. Petitions are deemed filed upon receipt of the odginal documents by the SFWMD Clerk. a. Formal Administrative Headnq: If a genuine issue(s) of material fact is in dispute, the affected person seeking a formal headng on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(1), Fla. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-106.201(2), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. b. Informal Administrative Headn,q: If there are no issues of matedal fact in dispute, the affected person seeking an informal headng on a SFWMD decision which does or may determine their substantial interests shall file a petition for headng pursuant to Sections 120.569 and 120.57(2), Fla. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either wdtten notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-106.301(2), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. c. Administrative Complaint and Order:. If a Respondent objects to a SFWMD Administrative Complaint and Order, pursuant to Section 373.119, Fla. Stat. (1997), the person named in the Administrative Complaint and Order may file a petition for a headng no later than 14 days after the date such order is served. Petitions must substantially comply with the requirements of either subsection a. or b. above. d. State Lands Environmental Resource .P. ermit: Pursuant to Section 373.427, Fla. Stat., and Rule 40E-1.511(3), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2)(c)), a petition objecting to the SFWMD's agency action regarding consolidated applications 'for Environmental Resource Permits and Use of Sovereign Submerged Lands (SLERPs), must be filed within 14 days of the notice of consolidated intent to grant or deny the SLERP. Petitions must substantially comply with the requirements of either subsection a. or b. above. e. Eme ,n:lencyAuthodzation and Order: A person whose substantial interests are affected by a SFWMD Emergency Authorization and Order, has a right to file a petition under Sections 120.569, 120.57(1), and 120:57(2), Fla. Stat., as provided in subsections a. and b. above. However, the person, or the agent of the person responsible for causing or contributing to the emergency conditions shall take whatever action necessary to cause immediate compliance with the terms of the Emergency Authorization and Order. f. Order for Emergency Action: A person whose substantial interests are affected by a SFWMD Order for Emergency Action has a dght 'to file a petition pursuant to Rules 28-107.005 and 40E-1.611, Fla. Admin. Code, copies of which are attached to this Notice of Rights, and Section 373.119(3), Fla. Stat., for a headng on the Order. Any subsequent agency action or proposed agency action to initiate a formal revocation proceeding shall be separately noticed pursuant to section g. below. g. Permit Suspension, Revocation, Annulment, and Withdrawal: If the SFWMD issues an administrative complaint-to suspend, revoke, annul, or withdraw a permit, the permittee may request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Fla. Stat., within 21 days of either wdtten notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-107.004(3), Fla. Admin. Code, a copy of the which is attached to this Notice of Rights. 2. Because the administrative headng process is designed to formulate final agency action, the filing of a petition means that the SFWMD's final action may be different from the position taken by it previously. Persons whose substantial interests may be affected by Revised August, 2000 any such final decision of the SFWMD shall have, pursuant to Rule 40E-1.511(2), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E-0.109(2)(c)), an additional 21 days from the date of receipt of notice of said decision to request an administrative hearing. However, the scope of the administrative hearing shall be limited to the substantial deviation. 3. Pursuant to Rule 40E-1.511(4), Fla. Admin. Code, substantially affected persons entitled to a headng pursuant to Section 120.57(1), Fla. Stat., may waive their right to such a headng and request an informal headng before the Governing Board pursuant to Section 120.57(2), Fla. Stat., which may be granted at the option of the Governing Board. 4. Pursuant to Rule 28-106.111(3), Fla. Admin. Code, persons may file with the SFWMD a request for extension of time for filing a petition. The SFWMD, for good cause shown, may grant the extension. The request for extension must contain a certificate that the petitioner has consulted with all other parties, if any, conceming the extension and that the SFWMD and all other parties agree to the extension. CIRCUIT COURT 5. Pursuant to Section 373.617, Fla. Stat., any substantially affected person who claims that final agency action of the SFWMD relating to permit decisions constitutes an unconstitutional taking of property without just compensation may seek judicial review of the action in circuit court by filing a civil action in the circuit court in the judicial circuit in which the affected property is located within 90 days of the rendering of the SFWMD's final agency action. 6. Pursuant to Section 403.412, Fla. Stat., any citizen of Florida may bring an action for injunctive relief against the SFWMD to compel the SFVVMD to enforce the laws of Chapter 373, Fla. Stat., and Title 40E, Fla. Admin. Code. The complaining party must file with the SFVVMD Clerk a verified complaint setting forth the facts upon which the complaint is based and the :manner in which the complaining party is affected. If the SFWMD does not take appropriate action on the complaint within 30 days of receipt, the complaining ,.party may then file a civil suit for injunctive relief in the 15~' Judicial Circuit in and for Palm Beach County or circuit court in the county where the cause of action allegedly occurred. 7. Pursuant to Section 373.433, Fla. Stat., a pdvate citizen of Flodda may file suit in circuit court to require the abatement of any stormwater management system, dam, impoundment, reservoir, appurtenant work or works that violate the provisions of Chapter 373, Fla. Stat. DISTRICT COURT OF APPEAL 8. Pursuant to Section 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Flodda Rule of Appellate Procedure 9.110 in the Fourth Distdct Court of Appeal or in the appellate distdct where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. LAND AND WATER ADJUDICATORY COMMISSION 9. A party to a "proceeding below" may seek review by the Land and Water Adjudicatory Commission (FLAWAC) of SFWMD's final agency action to determih'e if such action is consistent with the provisions and purposes of Chapter 373, Fla. Stat. Pursuant to Section 373.114, Fla. Stat., and Rules 42-2.013 and 42-2.0132, Fla. Admin. Code, a request for review of (a) an order or rule of the SFWMD must be filed with FLAWAC within 20 days after rendition of the order or adoption of the rule sought to be reviewed; (b) an order of the Department of Environmental Protection (DEP) requiring amendment or repeal of a SFWMD rule must be filed with FLAWAC within 30 days of rendition of the DEP's order, and (c) a SFWMD order entered pursuant to a formal administrative headng under Section 120.57(1), Fla. Stat., must be filed no later than 20 days after rendition of the SFVVMD's final order. Simultaneous with filing, a copy of the request for review must be served on the DEP Secretary, any person named in the SFWMD or DEP final order, and all parties to the proceeding below. A copy of Rule 42-2.013, Fla. Admin. Code is attached to this Notice of Rights. PRIVATE PROPERTY RIGHTS PROTECTION ACT 10. A property owner who alleges a specific action of the SFVVMD has inordinately burdened an existing use of the real property, or a vested right to a spedfic use of the real property, may file a claim in the circuit court where the real property is located within 1 year of the SFWMD action pursuant to the procedures set forth in Subsection 70.001(4)(a), Fla. Stat. LAND USE AND ENVIRON MENTAL DISPUTE RESOLUTION 11. A property owner who alleges that a SFWMD development order (as that term is defined in Section 70.51(2)(a), Fla. Stat. to include permits) or SFWMD enforcement action is unreasonable, or unfaidy burdens the use of the real property, may file a request for relief '~th the SFWMD within 30 days of receipt of the SFWMD's order or notice of agency action pursuant to the procedures set forth in Subsections 70.51 (4) and (6), Fla. Stat. MEDIATION 12. A person whose substantial interests are. or may be, affected by the SF'WMD's action may choose mediation as an aitemative remedy under Section 120.573, Fla. Stat. Pursuant to Rule 28-106.111(2), Fla. Admin. Code, the petition for mediation shall be filed within 21 days. of either written ~lotice through mail or postir~g or Revised August, 2000 publication of notice that the SFWMD has or intends to take final agency action. Choosing mediation will not affect the dght to an administrative headng if mediation does not result in settlement. Pursuant to Rule 28-106.402, Fla. Admin. Code, the contents of the petition for mediation shall contain the following information: (1) the name, address, and telephone number of the person requesting mediation and that person's representative, if any; (2) a statement of the preliminary agency action; (3) an explanation of how the person's substantial interests will be affected by the agency determination; and (4) a statement of relief sought. As provided in Section 120.573, Fla. Stat. (1997), the timely agreement of all the parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Fla. Stat., for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within 60 days of the execution of the agreement. If mediation results in settlement of the dispute, the SFVVMD must enter a final order incorporating the agreement of the parties. Persons whose substantial interest will be affected by such a modified agency decision have a dght to petition for headng Within 21 days of receipt of the final order in accordance with the requirements of Sections 120.569 and 120.57, Fla. Stat., and SFWMD Rule 28-106.201(2), Fla. Admin. Code. If mediation terminates without settlement of the dispute, the SFWMD shall notify all parties in wdting that the administrative headng process under Sections 120.569 and 120.57, Fla. Stat., remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action. - VARIANCES AND WAIVERS 13. A person who is subject to' regulation pursuant to a SFWMD rule and believes the application of that rule will create a substantial hardship or will violate principles of faimess (as those terms are defined in Subsection 120.542(2), Fla. Stat.) and can demonstrate that the purpose of. the underlying statute will be or has been achieved by other means, may file a petition with the SFWMD Clerk requesting a vadance from or waiver of the SFWMD rule. Applying for a vadance or waiver does not substitute or extend the time for filing a petition for an administrative headng or exercising any other right that a person may have concerning the SFWMD's action. Pursuant to Rule 28-104.002(2), Fla. Admin. Code, the petition must include the following information: (a) the caption shall read: Petition for (Variance from) or (Waiver of) Rule (Citation) (b) The name, address, telephone number and any facsimile number of the petitioner; (c) The name, address telephone number and any facsimile number of the attorney or qualified representative of the petitioner, (if any); (d) the applicable rule or portion of the rule; (e) the citation to the statue the rule is implementing; (f) the type of action requested; (g) the specific facts that demonstrate a substantial hardship or violation of principals of fairness that would justify a waiver or vadance for the petitioner; (h) the reason why the vadance or the waiver requested would serve the purposes of the underlying statute; and (i) a statement of whether the variance' or waiver is permanent or temporary, If the vadance or waiver is temporary, the petition shall include the dates indicating the duration of the requested variance or waiver. A person requesting an emergency vadance from or waiver of a SFVVMD rule must cleady so state in the caption of the petition. In addition to the requirements of Section 120.542(5), Fla. Stat. pursuant to Rule 28- 104.004(2), Fla. Admin. Code, the petition must also include: a) the specific facts that make the situation an emergency; and b) the specific facts to show that the petitioner will suffer immediate adverse effect unless the variance or waiver is issued by the SFWMD more expeditiously than the applicable timeframes set forth in Section 120.542, Fla. Stat. WAIVER OF RIGHTS 14. Failure to observe the relevant time frames prescribed above will constitute a waiver of such dght. 28-106.201 INITIATION OF PROCEEDINGS (INVOLVING DISPUTED ISSUES OF MATERIAL FACT) (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected a~d each agency's file or identification nuh~ber, if known; (b) The name, address, and telephone number of the petitionec 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 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, as well as the rules and statutes which entitle the petitioner to relief; and (0 A demand for relief. Revised August, 2000 28-106.301 INITIATION OF PROCEEDINGS (NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT) (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 dudng 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, as well as .t. he rules and statutes which entitle the petitioner to relief; and (e) A demand for relief. 28-107.004 SUSPENSION, REVOCATION, ANNULMENT, OR WITHDRAWAL (3) Requests for hearing filed in accordance with this rule shall include: (a) The name and address ol= the party making the request, for purposes of service; (b) A statement that the party is requesting a headng involving disputed issues of matedal fact, or a headng not involving disputed issues of matedal fact; and (c) A reference to the notice, order to show cause, administrative complaint, or other communication that the party has received from the agency. 42-2.0'13 REQUEST FOR REVIEW PURSUANT TO SECTION 373.114 OR 373.217 (1) In any proceeding arising under Chapter 373, F.S., review by the Flodda Land-and Water Adjudicatory Commission may be initiated by the Department or a party by filing a request for such review with the Secretary of the Commission and serving a copy on any person named in the rule or order, and on all parties to the proceeding which resulted in the order sought to be reviewed. A certificate of service showing completion of service as required by this subsection shall be a requirement for a determination of sufficiency under Rule 42-2.0132. Failure to file the request with the Commission within the time pedod provided in Rule 42-2.0132 shall result in dismissal of the request for review. (2) The request for review shall identify the rule or order requested to be reviewed, the proceeding in which the rule or order was entered and the nature of the rule or order. A copy of the rule or order sought to be reviewed shall be attached. The request for review shall state with particularity: (a) How the order or rule conflicts with the requirements, provisions and purposes of Chapter 373, F.S., or rules duly adopted thereunder; Revised August, 2000 (b) How the rule or order sought to be reviewed affects the interests of the party seeking review; (c) The oral or wdtten statement, sworn or unsworn, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, if the individual or entity requesting the review has not participated in a proceeding previously instituted pursuant to Chapter 120, F.S., on the order for which review is sought; (d) If review of an order is being sought, whether and how the activity authorized by the order would substantially affect natural resources of statewide or regional significance, or whether the order raises issues of policy, statutory interpretation, or rule interpretation'~hat have regional or statewide significance from a standpoint of agency precedent, and all the factual bases in the record which the petitioner claims support such determination(s); and (e) The action requested to be taken by the Commission as a result of the review, whether to rescind or modify the order, or remand the proceeding to the water management district for further action, or to require the water management distdct to initiate rulemaking to adopt, amend or repeal a rule. 28-107.005 EMERGENCY ACTION (1) If the agency finds that immediate sedous danger to the public health, safety, or welfare requires emergency action, the agency shall summarily suspend, limit, or restdct a license. (2) the 14-day notice requirement of Section 120.569(2)(b), F. S.. does not apply and shall not be construed to prevent a headng at the eadiest time practicable upon request of an aggrieved party. (3) Unless otherwise provided by law, within 20 days after emergency action taken pursuant to paragraph (1) of this rule, the agency shall initiate a formal suspension or revocation proceeding in compliance with Sections 120.569, 120.57. and 120.60, F.S. 40E-1.611 EMERGENCY ACTION (1) An emergency exists when immediate action is necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. (2) The EXecutive Director may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance of an emergency order, or in the event an emergency order has been issued, after the expiration of the requisite time for compliance with that order. STANDARD LIMITING CONDITIONS THE PERMITTEE SHALL IMPLEMENT THE WORK AUTHORIZED IN A MANNER SO AS TO MINIMIZE ANY ADVERSE IMPACT OF THE WORKS ON 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. WATER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PERMI1-FEE'S PROPERTY OR INTO SURFACE WATERS OF THE STATE WILL BE SUBMI1-FED TO THE DISTRICT AS REQUIRED BY SECTION 5.9, "BASIS OF 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 62-302. F.A.C. IF WATER QUALITY DATA IS REQUIRED, THE PERMITTEE 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 WATERS OF THE STATE. o THIS PERMIT SHALL NOT RELIEVE THE PERMITTEE OF ANY OBLIGATION TO OBTAIN NECESSARY FEDERAL, STATE, LOCAL OR SPECIAL DISTRICT APPROVALS. THE OPERATION PHASE OF THIS PERMIT WILL NOT BECOME EFFECTIVE UNTIL THE DISTRICT'S ACCEPTANCE OF CERTIFICATION OF THE COMPLETED SURFACE WATER WATER MANAGEMENT SYSTEM. THE PERMITTEE SHALL REQUEST TRANSFER OF THE PERMIT TO THE RESPONSIBLE OPERATIONAL ENTITY ACCEPTED BY THE DISTRICT, IF DIFFERENT FROM THE PERMII-FEE. THE TRANSFER REQUEST CAN BE SUBMI1-FED CONCURRENTLY WITH THE CONSTRUCTION COMPLETION CERTIFICATION. ALL ROAD ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRITERIA SET FORTH IN SECTION 6.5, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994." o 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, 1994." 7. OFF-SITE DISCHARGES DURING CONSTRUCTION AND DEVELOPMENT WILL BE MADE ONLY THROUGH THE FACILITIES AUTHORIZED BY THIS PERMIT. 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 OPERATE 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. 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 PERMI1-FEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM ANY AND ALL DAMAGES, CLAIMS, OR LIABILITIES WHICH MAY ARISE BY REASON~OF THE CONSTRUCTION, OPERATION, MAINTENANCE OR USE OF ANY FACILITY AUTHORIZED BY THE PERMIT. 11.THIS PERMIT IS ISSUED BASED ON THE APPLICANT'S SUBMIT-FED INFORMATION WHICH REASONABLY DEMONSTRATES THAT ADVERSE WATER RESOURCE RELATED IMPACTS WILL NOT BE CAUSED BY THE COMPLETED PERMIT ACTIVITY. SHOULD ANY ADVERSE IMPACTS CAUSED BY THE COMPLETED SURFACE WATER MANAGEMENT SYSTEM OCCUR, THE DISTRICT WILL REQUIRE THE PERMIT-FEE TO PROVIDE APPROPRIATE MITIGATION TO THE DISTRICT OR OTHER IMPACTED PARTY. THE DISTRICT 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 PERMI1-FEE OR AUTHORIZED AGENT SHALL NOTIFY THE DISTRICT (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 AND SPECIFICATIONS APPROVED BY THE DISTRICT (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 ANY SALE, CONVEYANCE OR OTHER TRANSFER OF ANY OF THE LAND WHICH IS PROPOSED FOR DEVELOPMENT UNDER THE AUTHORIZATION OF THIS PERMIT, THE PERMIl-FEE SHALL NOTIFY THE DISTRICT 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 SUBMI1-FED 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 OR RESIDENCE. 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 MUSTOBTAIN A WATER USE PERMIT PRIOR TO CONSTRUCTION DEWATERING, UNLESS THE WORK QUALIFIES FOR A GENERAL PERMIT PURSUANT TO SUBSECTION 40E- 20.302(4), F.A.C. SPECIAL CONDITIONS 1. DISCHARGE FACILITIES' THROUGH PREVIOUSLY PERMII-FED FACILITIES. THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION, SHOALING OR WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM. MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION AND/OR TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER. THE DISTRICT RESERVES THE RIGHT TO REQUIRE THAT ADDITIONAL WATER QUALITY TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH MEASURES ARE SHOWN TO BE NECESSARY. ~ FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CONSTRUCTED WITHOUT AN APPROVED MODIFICATION OF THIS PERMIT. ALL SPECIAL CONDITIONS PREVIOUSLY STIPULATED BY PERMIT NUMBER 11-01232-S REMAIN IN EFFECT UNLESS OTHERWISE REVISED AND SHALL APPLY TO THIS MODIFICATION. OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF WOODLANDS HOME OWNERS ASSOCIATION. PLAN SHEETS 3 TRHOUGH 7 SIGNED, SEALED, AND DATED ON MAY 25, 2001 BY MICHAEL J. LANDY, ARE INCORPORATED BY REFERENCE INTO THIS GENERAL PERMIT MODIFICATION AND WILL BE RETAINED IN THE PERMIT FILE. LOCATION MAP 010 530' 6 EXHIBIT/. PROJECT: STRADA BELLA PERMIT SUMMARY SHEET APPLICATION NUMBER: 010530-6 PERMIT MODIFICATION NO.: 11-01232-S LOCATION: COLLIER COUNTY, S21/T48S/R26E OWNER: SANTORINI VILLAS DEVELOPMENT II LLC ENGINEER: LANDY ENGINEERING INC PRO2ECT AREA: 8.17 ACRES PROJECT USE: RESIDENTIAL DRAINAGE AREA: 8.17 ACRES FACILITIES: 1. EXISTING: The project site is located in the northwestern corner of the Olde Cypress. F.K.A. The Woodlands Which is located in north Collier County, bounded by undeveloped lands to the north and east, residential lands to the west (Longshore Lake) and the Cocohatchee Canal to the south. The project was granted Conceptual Approval on August Il, 1994 and, Permit No. 11-01232-S and later modified for Construction and Operation of the multi-basin surface water management system serving the residential development. The surface water management system for the entire development is constructed and operational. The proposed development is located in the previously permitted WATERSHED-1 basin of the master surface water management system.-- The system discharges to the Cocohatchee Canal vai a single control structure with a maximum discharge rate of 12.82 cfs. 2. PROPOSED: The applicant proposes to develop 18 residential lots, an internal road and a. drainage system on 8.17 acres in the northwestern corner of the Olde Cypress, F.K.A, The Woodlands. Run-off from the site sheetflows to the front and back of the lots where it is collected by catch basins and conveyed through storm drains to an existing lake on the southern part of the proposed lots. The existing surface water management system provides the required water quality and attenuation of the 25-year 3-day storm event for the existing and proposed developments. Exhibit APPLICATION NUMBER: 010530-6 WATER QUALITY: The required water quality for the site is provided in the master system. ENVIRONMENTAL ASSESSMENT: PROJECT SITE DESCRIPTION: The proposed 8.17-acre modification is located in the northwest portion of the existing Old Cypress Development that was originally permitted as the Woodlands, The project area consists entirely of pine/cypress/melaleuca wetlands, Mitigation payment for the purchase, restoration and management of lands within CREW was provided on Feburary 2, 1998 to the SFWMD in the amount of $550 000. This satisfied all mitigation requirements re§uired in the construction and operation permit issued in 1995 (Application # 950210-5). There are no adverse environmental impacts associated with the development of this project. ENDANGERED, lltREATENED & SPECIES OF SPECIAL CONCERN SUMMARY: The project site does not contain preferred habitat for wetland-dependent endangered/threatened species or species of special concern. No wetland- dependent endangered/threatened species or species of special concern were observed on site, and submitted information indicates that potential use of the site by such species is minimal. This permit does not relieve the , applicant from complying with all applicable rules and any other agencies requirements if in the future, endangered/threatened species or species of special concern are discovered on the site. TOTAL PREVIOUSLY PROJECT PERMI1-FED THIS PHASE TOTAL ACRES 248.66 8.17 acres WTRM ACREAGE 33.80 .00 acres PAVEMENT 32.40 1.41 acres BUILD COVERAGE 95.40 3.38 acres PERVIOUS 3.38 acres OTHER 40.37 acres Exhibit APPLICATION NUMBER: 010530-6 OTHER 40.37 acres DEPARTMENT APPROVAL- SURFACE WATER MANAGEMENT Richa~: P.:.~ NATURAL RESO~URC£ ~N~GEMENT K~'~en'M, Johnson/ DATE: ~-ZO_~ I DATE: ~ -~--C?--c?/ Exhibit