NOTICE OF AGENCY ACTION TAKEN BY THE
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
Notice is given that the following permit was issued on February 3, 2023:
City of Sebastian, 1225 Main Street, Sebastian, FL 32958 permit #194111-1. The project is located in Indian River County, Section 14, Township 31 South, Range 38 East. The permit authorizes a surface water management system on 0.98 acres for construction and operation of a stormwater management system known as Riviera Avenue and Gardenia Street Drainage Improvements. The receiving water body is the South Prong of the St. Sebastian River.
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 (F.A.C.), the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P.O. Box 1429, Palatka, FL 32178-1429 (4049 Reid Street, Palatka, FL 32177) or by e-mail with the District Clerk at Clerk@sjrwmd.com, within twenty-one (21) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or e-mail actual notice). A petition must comply with Sections 120.54(5)(b)4. And 120.569(2)(c), Florida Statutes (F.S.), and Chapter 28-106 F.A.C. The District will not accept a petition sent by facsimile (fax). Mediation pursuant to Section 120.573, F.S., may be available and choosing mediation does not affect your right to an administrative hearing.
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 during the District’s regular business hours. The District’s regular business hours are 8 a.m. – 5 p.m., excluding weekend and District holidays. Petitions received by the District Clerk after the District’s regular business hours shall be deemed filed as of 8 a.m. on the District’s next regular business day. The District’s acceptance of petitions filed by e-mail is subject o 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 a PDF or TIFF 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 petition by facsimile (fax) is prohibited and shall not constitute filing.
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. 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, F.A.C.).
If you wish to do so, please visit http://www.sjrwmd.com/nor_dec/ to read the complete Notice of Rights to determine any legal rights you may have concerning the District’s decision(s) on the permit application(s) described above. You can also request the Notice of Right by contacting the Director of Office of Records and Regulatory Support, 4049 Reid Street, Palatka, FL 32177-2529, telephone no. (386) 329-4570.