CORRESPONDENCE
DEP ARTMENT OF DEVELOPl\'IENT
BUILDING DIVISION
l\'IEMORANDUM NO. 00-070
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TO
Technical Review Committee Members
FROM
Marshall Gage, Pohce ChIef
ChnstIne Roberts, Intenm PublIc Works Drrector
John Wildner, Parks DIrector
John GUIdry, UtIlItIes DIrector
Mike Rumpf, PlannIng & Zomng DIrector
Steve Gale, Deputy FIre ChIef ~
Don Johnson, BUlldmg OffiCIal fJL.
March 10, 2000
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DATE
'kE
ISSUANCE OF CERTIFICATE OF OCCUPANCY
QUANTUM PARK OFFICE BUILDING
2500 Quantum Lakes Drive Lot 58
PE&.1VUT #99-3225
LEIGHTON MC GINN
The above referenced project IS neanng completIon. Pnor to the BUildIng DIVISIon ISSUIng the
CertIficate of Occupancy, I would like to ensure that you do not have any outstandmg or pendIng
condItIons concernIng thIS SIte that must be rectIfied (excludIng Issues that are covered entIrely
WIth a CIty approved surety)
If any outstandIng condItIOns are related to permIts Issued by the BUIldIng DIVISIon, please
prOVIde thIS dIVISIOn a memorandum contamIng a descnptIon of the unresolved condItIOns. If
the unresolved condItIons are not permIt related, please notIfy the owner or the owner's agent to
ensure that the matters are rectIfied. -
Please respond to me, wIthm ten (10) days, In order that we may proceed m a tImely manner to
Issue the CertIficate of Occupancy No response IS necessary If your department IS satIsfied WIth
the current state of the above referenced SIte Thank you for your cooperatIOn.
DJ sd
XC
Wilfred Hawkms, ActIng CIty Manager
KeVIn Hallahan, Forester/EnvIronmentalIst
Frantz LaFontant, EngIneenng Inspector II
j'\SHRDA T A \Development\Building-6870\Documents\TRC 10 DAY LETTERS\Quantum Park Ot1ice Building.doc
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MEMORANDUM
UTILITIES DEP AR TMENT
TO DIane Reese, Fmance DIrector
r
FROM r John A. Gmdry, UtllIt1es DIrector
DATE J":"'L f 199;
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SUBJECT ReservatIOn fee transmIttal for - QL{A.t.. fV\.~ I?v-k \ lot- ...s-?
Enclosed IS a reservatIOn fee for the subject project
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Amount -
$ J.,'i!I_ 6'1
Check no - / (J..'fj--
From - f1 r I i./eddopl'C-1€!M f J:: ~
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Please deposIt thIS fee In the appropnate account. You may refer any questIOns on thIS
matter to Peter Mazzella of thIS office
JAG/PVM
bc Peter Mazzella
xc MIchael Rumpf, Planmng DIrector
FIle
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Architectural Review Committee
Quantum Park Property Owners' Association, Inc
1401 Forum Way, Suite 101
West Palm Beach, FL 33401
September 27, 1999
Mr Doug MacDonald
Quantum LImIted Partners, Ltd.
1401 Forum Way, SUIte 101
West Palm Beach, FL 33401
RE Lot 58, Quantum Corporate Park, Boynton Beach
Dear Mr MacDonald.
ThIS letter IS wntten to confirm that the Quantum LImIted Partners, Ltd., has receIved CommIttee
approval for Lot 58 If you should have any questIOns, please contact me at any tIme.
S-ificer,ly, r
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Heather RIntoul
ArcItectural ReVIew CommIttee
C'Quantum POAIDRClLot 52 ,doc
.
~inston
ee
SSOclateS., Inc.
[~lIld"arL \r!J iL'LILlI
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September 28, 1999
Mr MIchael W Rumpf
CIty of Boynton Beach
Dept. of Development
Planmng & Zomng DIVISIon
100 E Boynton Beach Blvd.
Boynton Beach, FL 33425
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RE Quantum Park DRI Lot #58 - Traffic Allotment
FIle Number NWSP 99-005
Our FIle No 98010
Dear Mr Rumpf,
Pursuant to our meetIng thIS afternoon, the overall square footage shown on the plans submItted
for bUIldIng permIts for thIS project IS slIghtly more than IndIcated on the approved SIte plan. In
order for the bUIldIng permIt for Phase 1 to move forward, I am propOSIng the follOWIng. SInce
the square footage that IS beIng applIed for under the Phase 1 bUIldIng permIt IS WithIn the
ongInally approved amount, I am requestmg that thIS permIt be Issued based on the ongInal
approved traffic allotment. Pnor to applymg for the Phase 2 buildmg permIts, we will utIlIze
one of the follOWIng optIOns
1 ResubmIt a SIte plan for bUIldmg permIts decreasmg the square footage for Phase 2 so
that the total square footage requested for the SIte agrees WIth the square footage that the
traffic allocatIOn prevIOusly approved by Boynton Beach was based upon, or;
2 SubmIt a reVIsed traffic statement based upon the total square footage as shown on the
SIte plan submItted for bUIldmg permIts.
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Mr MIchael Rumpf
September 28, 1999
Page 2
Please feel free to call If you have any questIOns, or If any addItIonal InformatIOn IS reqUIred.
SIncerely,
~"~iMJ
~:t: Lee, ASLA, AICP
PreSIdent
cc Douglas MacDonald
Tom McGIllIcuddy
Danny Brown
Joel Barham
Kahart PInder
MRY-20-1999 10 42
J2BC TRAFFIC ENG
561 478 5770 ? 01/01
PALM BEACH COUN'1:r
DEPARTHBNT OF ENGINBBRING AND PUBLIC WORKS
TRAFFIC ENGINBBRING DIVISION
FACSIMILE TRANSMITTAL
Date:
May 20, 1999
Name:
Hanna Matras
City of Boynton Beach
561.375.6260
561 375 6259
From:
AI Federico, P E. ~
Senior Traffic Engineer
561.684.4030
561 478.5770
Phone:
Fax:
Phone:
Fax:
Subject: Quantum Parcel 58
Pages: .L mcludlng tlus cover page
Per our conversation, the City's consultant for site plan review did consult me on the proposed
access to Parcel 58. As it was explained to me, the apphcant was requesting to forgo the
shared access wIth Parcel 59 and constnlct a new driveway and median opening in the middle
of Parcel 58. Based on this informatlon. it appears that this will create an undesirable and
potentially dangerous situation for the following reasons.
The proposed medIan openmg is too close (<300') to the next median opening (to the
east) ThlS Increases the number of conflict points in the area, forcing drivers to make
an excessive number of decisions in Q short time.
No left turn lane is proposed for the new median break. This will force vehicles turning
left to slow and possibly stop in what is perceived as the fast travel lane. The over
design of this roadway (fout lane dIvided for mInImal volumes) will encourage exceSSive
tl'avel speeds. increasing the potential for serious collISions at this location.
For these reasons I recommended that City staff hold firm to theIr comments requiring the
apphcant to either relocate the driveway or close the existing median opellmg_ Please contact
me if you have any questlons.
h. 'tr8rliC'lIpf\tps\'99036_0 1. wpd
Please call 561.684.4030 if this information was not transmitted clearly.
TOTAL P 01
SOlJlJL~~~ \Yb1lJ\ ~~RiMENT DISTRICT
dENElAtEplttMi'N~5o..0rSOJ:~
Form #0942
08195
DATE ISSUED: April 22. 1999
PERMITTEE: QUANTUM LIMITED PARTNERS LLC
1401 FORUM WAY
SUITE 101
WEST PALM BEACH. FL 33401
r iJECT DESCRIPTION: MODIFICATION OF A SURFACE WATER MANAGEMENT SYSTEM SERVING 4.93
ACRE(S) OF OFFICE BUILDING DEVELOPMENT KNOWN AS QUANTUM PARK LOT
58.
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PROJECT LOCATION: PALM BEACH COUNTY. SECTION 17 TWP 45S RGE 43E
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 noti'fy you of the District's agency action concerning Permit Application No.
990324-5. dated March 24. 1999. 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 6 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 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 wi 11 assume that you concur with the District's
action,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a "Notice of Rights" has been mailed to the Permittee (and the
persons listed in the attached distribution list) no later than 5:00 p,m. on this
22nd y of A ril. 1999. in accordance with Section 120.60(3), Florida Statutes.
BY:
Certified Mail No. Z 286 143 297
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Enclosures
SURFACE WATER MANAGEMENT
CHAPTER 4OE-4 (4/94)
40E-4.321
Duration of Permits
(1) Unless revoked or otherwise modified pursuant to Rules 40E-4.331 and 40E'4.441, F~A.C.,
the duration of a surface water management permit issued uncler this chapter is as follows:' ,..
(a) Two years from the date of issuance for Conceptual Approval, unless within that period an
application for a construction and operation pennlt is filed for any portion of the project. If an application
for a construction and operation penn it is filed, then the Conceptual Approval remains valid until final action
is taken on the application. If the application is granted, then the Conceptual Approval is valid for an
additional two years from the date of issuance of the construction and operation pennit. Conceptual
Approvals which have no applications for construction and operation filed for a period of two years will
expire automatically.
(b) FIVe years from the date of issuance for a construction permit,
(c) Perpetual for an operation permit.
(2) The Governing Board shall Issue permit extensions provided that a permittee files a
written request with the District showing good cause. For the pwpose of this rule, good cause shall me<!n a
set of extenuating drcumstances outside of the control of the permittee. Requests for extensions, which
shall include documentation of the extenuating ciraJmstances and how they have 'delayed this project, will
not be aa:epted more than 180 days prior to the expiration date.
(3) For a Conceptual Approval filed concurrently with a development of regional impact (DRI)
application for development approval (ADA) and a local government comprehensive amendment, the
duration of the Conceptual Approval shall be two years from whichever one of the following occurs a the
latest date:
(a) the effective date of the local government's axnprehensive plan amendment,
(b) the effective date of the local government development order, or
(c) the date on which the Dislrlcl: Issues the Conceptual Approval, or
(d) the latest date of the resolutfon of any Olapter 120 or ,other legal appeals.
(4) Substantial modifications to Conceptual Approvals wlQ extend the duration of the
Conceptual Approval for two years from the date of issuance d the modification. For the purposes of this
section, the tenn 'substantial modification" shall mean a mod'lficatlon which Is reasonably expected to lead
to substantially different water resource or environmental impacts which require a detailed review,
(5) ~lodiflCations to construction permits issued pursuant to a formal permit application
extend the duration of the permit for three years from the date of issuance of the modification.
Construction permit modifications do not extend the duration of a Conceptual Approval.
(6) Penn it modifications issued pursuant to subsection 4OE-4.331(2)(b), F.A.C. (letter
modifications) do not extend the duration of a permit
Specific aalhority 373.044, 373.113 F.S. Law Implemented 373.413, 373.416(1) F.5. Histcry-New ~3-81,- Amen!'led 1-
31-82, 12-1-82, Formerly 16K-4.07(4), Amended 7-1-86, 4/20/94. .
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NOTIce OF RIGtfTS
Section 120.569(1), Fla. Stat. (1997). requires that "each notice shall inform the recipient at 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 ot Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an
applicabl" 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 Florida Water Management Districfs
.(SFWMD) action has the right to request an administrative
hearing on that action. The affected person may request
either a formal or an informal hearing, as set for1h below. A
point of enlly into administrative proceedings is govemed
by Rules 28-106.111 and 4OE-1.511, F1a. Admin. Code.
(also pubflshed as an exception to the Uniform Rules of
Procedure as Rule 40E.{). 1 09). as set for1h below.
Petitions are deemed tiled upon receipt of the original
documents by the SFWMD CIeri<.
a. Formal Administrative Hearinq: If a
genuine issuers) of material fact is in dispute. the affected
person seeking a formal hearing 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. Stal or for mediation pursuant to
Section 120.573, Fla. Stal within 21 days, except as
provided in subsectionS c. and d. below, of either written
notice through maD or posting or publ"lC3tion 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), FIa. Admin. Code~ a copy of the
which is attached to this Notice of Rights.
b. Informal Administrative Hearinq: If there
are no issues of material fact in . dispute, the affected
person seeking an informal hearing on a SFWMD decision
which does or may detennine their substantial interests
shaJI file a petition for hearing pursuant to Sections 120.569
and 120.57(2), F1a. Stal or for mediation pursuant to
Section 120.573, F1a. Stal within 21 days, except as
provide<:Hn-subsections c. and d. belqw. of either written
, notice through mail or posting or publication of notice that
the SFWMD has or inlends 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
Complainl and Order, pursuant to Section 373,119. Fla.
Stat (t997). the person named in the Administrative
Complaint and Order may file a pelition for a hearing no
later than 14 days after the date such order is served.
Petitions must substantially comply with the requirements
of either subse<otion a. or b. above.
d. Stale lands Environmental Resource
Permit: Pursuant to Section 373::427, Fla. Slat, and Rule
40E-1.511(3). Fla. Admin. Code (also published as an
exception to the Uniform Rules ot Proce<1ure as Rule 4OE.
0.109(2)(c)), a petition objecting to the SFWMO'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 ot consolidated intent 10 grant or deny the
SLERP. Petitions must substantially comply with thn
requirements of either subsection a. or b. above.
:;:
e. Emerqencv AutfioiiZation 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), ana
120.57(2). Fla. Stat.. as provided in subsections a. and b.
above. However, the person, or the agent 01 the pelSon
responsible for causing or contributing to the emergency
cond'1lions shall take whatever aCtion necessary to cause
immecfl8te compfl3l1CG with the teons of the Emergency
Authorization and Order.
f. Order for Emeroencv Action: A person
whose substantial interests are affected by a SFWMD
Order for Emergency Action has a right to file a petition
pursuant to Rules 28-107.005 and 4OE-1.611. Ra, Admin
Code, copies of which are attached to this Notice ot Rights,
and Section 373.119(3), F1a. SIal, for a hearing on the
Order. Arly subsequent agency action or proposed agency
action to initiate a fOlTnal revocation proceeding shall be
separately noticed pursuant to section g. below~ ..
g. Permit Susoension. Revocation,
Annulment. and Withdrawal: It the SFWMD issues an
administrative complaint to suspend;-revoke. annul, 0'
withdraw a permit, lhe permittee may request a hearing to
be conducted in accordance with Sections 120.569 anc
120.57, Fla. Slat. within 21 days of either written notice
through mail or posting or publication of notice that .the
SFWMD has or intends to take final agency acllon
Petitions must substantially comply with the requirement,
of Rule 28-107.004(3), FIa Admin. Code. a Copy of the
which is attached 10 this Notice of Rights.
2. Because the administrative hearing proces
is designed to formulate final agency action, the filing'
.J petition means that the SFVVMO's finaL- 3cfion m.::y t-
different from the position Llkcn by It f'(L'\IIOIJ'-',1
Persons whose su[)stal1!13! interc~ts may t:x-: ~l:f{.>,-=-k"':) .
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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 Unifonn Rules of
Procedure as Rule 40E-O,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 hearing
pursuant to Section 120,57(1), Fla. Stat., may waive their
right to such a hearing and request an informal hearing
before the Goveming 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. concerning the extension and that the
SFWMO 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
aclion of the SFWMD relating to pennIT decisions
constttutes 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 SFWMO'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 como:.el.lt>J'sFWIAD to enforce tile
laws of Chapter 373, FIa. siat. and Tille 4OE, Fla. Admin.
Code. The complaining party must file with the SFWMO
Cieri< 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 SFWMO does not take
appropriate action on the complaint within 30 days of
receipt. the complaining ~arty 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
private citizen of Florida may file suit in circuit court to
require the abatement of any stonnwater management
system. dam, impoundment, reseNoir. appurtenant wori< or
wori<s that violate the provisions of Chapter 373, Fta. Stal.
OISTRICT 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 Florida Rule of Appellate
Procedure 9.110 in the Fourth Oistrict Court of Appeal or in
the appellate district where a party resides and filing a
second copy of the notice with the SFWMO Cieri< within 30
days of rendering of the final SFWMO a~on.
LAND AND WATER ADJUDICATORY COMMISSION
9. A party to a .proceeding below" may seek
review by the Land and Water Adjudicatory Commiss',on
(LAWAC) of SFWMO's final agency action to determine rf
such action is consistent with the provisions and putpOses
of Chapter 373, Fla. Stal. Pursuant to Section 373.114,
Fla, Stat.. and Rules 42-2,013 and 42-2.01:12, Fla. Admin.
Code, a request for review of (a) an order or rule of the
SFWMO must be filed with LAWAC wtthin 20 days alter
rendition of the order or adoption of the -fUle sought to be
reviewed; (b) an order of the OepartmE;nt of Environmental
Protection (OEP) requiring amendment or repeal of a
SFWMO rule must be filed wMh LAWAC within 30 days at
rendition of the OEP's order, and (c) a SFWMD order
entered pursuant to a lormal administrative hearing under
Section 120,57(1). Fla. Stal., must be filed no later than 20
days alter rendition of the SFWMD'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.
PRtVATE PROPERTY RIGHTS PROTECTION ACT
10. A property owner who alleges a specific action
at the SFWMO has inordinately burdened an existing use
of the real property, or a vested right to a specific use of
the reai 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 ~;Jb~E.'J1ion
70.001 (4)(a), FIa. Stat.
LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION
11. A property owner who alleges that a SFWMO
development order (as that tenn is defined in Section
70.51 (2)(a). Fla. Stat. to include pennits) or SFWMO'
entorcement action is unreasonable, or unfairly burdens
the use of the real property. may file a request for relief
with the SFWMO within 30 days of receipt of the SFWMO's .
order or notice of agency action pursuant to the procedures
set forth in Subsections 70.51(4) and (6), Fla. Stal.
--
MEDIATION
12, A person whose substantial interests are,
or may be, affected by the SFWMO's action may choose
mediation as an alternative 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 01 either written notice through mail or posting or
2
Revisrn:i Juiv 1. '9<jS
publication of notice that the SFWMD has or intends to
take final agency action. Choosing mediation will not
adversely affect the right to an administrative hearing if
mediation does not result in settlement.
Pursuant to Rule 28-106.402. Aa. 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, FIa. Stat. (1997). the
timely agreement of all the parties to meOl3te will toll the
time funitations imposed by Sections 120,569 and 120.57,
FIa. 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 SFWMD 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 right to petition for
hearing within 21 days of receipt of the final order in
accordance with the requirements of Sections 120.569 and
120.57, F1a. Stat., and SFWMO Rule 28-106.201(2), FIa.
Admin. Code. If meOl3tion teiminates without settlement of
the cflSpUle, the SFWMD shall notify all parties in writing
that the administrative hearing process under Sections
120.569 and 120.57, Aa. Stat., remain available for
disposition of the dispute. and the notice will specify the
deadlines that then will apply /0r challenging the agency
action.
VARIANCES AND WAIVERS
13. A p~rson who is subject to regulation
pursuant to a SFWMO rule and befleVeS the appflCation of
that rule will create a substantial hardship or will violate
principles of fairness (as those tenns are defined in
Subsection 120.542(2), FIa.-Slat.}-aAd can demonstrate
that the purpose of the under1ying staMe will be or has
been. achieved by other means. may file a petition with the
SFWMO Cieri< requesting a variance from or waiver of the
SFWMO rule. Applying for a variance or waiver does not
substitute or extend the time for filing a petition for an
administrative hearing or exercising any other right that a
person may have concerning the SFWMO's action.
Pursuant to Rule 28-104.002(2), Ra. Admin. Code. the
petition must include the following information:
(a) the caption shall read:
Petition for (Variance from) or 0Naiver of) Rule (Citation)
(b) The name, address, telephone number
and any far...sir.lile number of th0. ~titioner;
(c) The name, address telephone number
and any facsimile number of the attorney or qualified
representative of the petitioner, Cd 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 viol.ation of mincipals of fairness
that would justify a waiver or Variance for the petitioner;
(h) the reason why the variance or the waiver
requested would serve the purposes of the underlying
statute; and
(0 a statement of whether the variance or
waiver is permanent or temporary,' If the variance or
waiver is temporary, the petition shall include the dates
indicating the duration of the requested variance or waiver.
A person requesting an emergency variance from or
waiver of a SFWMD rule must c1eaw. so state in the
caption of the petition. In addition'l'5 the requirements of
Section 120.542(5), Fla Stal pursuant 'to Rule 28-
104,004(2). Ra. Admin. Code, the petition must also
. include:
a) the specific facls 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 SFWMO' niore expecfrtiously than
the applicable timeframes set forth in Section 120.542, Fla.
Stal.
WAIVER OF RIGHTS
14. Failure to observe the relevant time
frame6 prescribed above will constitute a waiver of such
right.
28-106.201
INITIATION OF PROCEEDINGS
(INVOl.V1IlG IlISPUlBlISSUES OF 1IA1BlIALFACT)
(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, K 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 will be affected by the agency
determination;
(c) A statement of when and how the petition~
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 ullimate facts alleged,
as well as the rules and st~lut"s which entitle the ~trtloner
to rellcf, and
(f) A dCfllzwd fnr f' i:- i
3
HnV1'.(>d July I, 19:)ti
28-106.301 INmATION OF PROCEEDINGS
(NOT INVOLVING DlSPlIIED ISSUES OF MATERIAL FACT)
(2) All petitions filed under these rules shall contain:
(a) The name and address of each agency aHeeted
and each agency's file or identification number, ff 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 interesls will be aHeeted 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 fhe rules and statutes which entitle the petitioner
to relief; and
(e) A demand for relief.
28-107.004 SUSPENSION, REVOCATION, ANNULMENT.
OR WrrHDRAWAL
(3) Requests for hearing filed in accordance with this
rule shall include:
(a) The name and address of the party making the
request. for purposes of service;
(b) A statement that the party is requesting a hearing
involving disputed issues of material fact. or a hearing not
involving disputed issues of material 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.
42-2.013 REQUEST FOR REVIEW PURSUANT TO
SECTION 373.114 OR 373,217
(1) In any proceeding arising under Chapter 373, F.S..
review by the Rorida 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 selVing a copy on any pt.';son mmed in
the rule or order, and on all parties to the proceeding
which resulted in the order sought to be reviewed, A
certfficate 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
period 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;
(b) How the rule or order sought to be reviewed
affects the interests of the party seeking review;
(c) The oral or written statement. swom or unsworn,
which was submitted to the agency concerning the maMer
to be reviewed and the date and location of the statement
if the individuai 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 arid'
how the activity authorized by the order would
substantially affect natural resources of statewide or
regional significance, or whether the order raises issues 01
policy, statutory interpretation, or rule interpretation that
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 district to initiate rulemaking to
adopt, amend or repeal a rule.
28-107.005 EMERGENCY ACTION
(1) If the agency finds that immediate serious danger
to the public health, safety, or welfare requires emergency
action, the agency shall summarily suspend. limit, or
restrict 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 hearing at the earliest 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 Section~
120.569, 120.57. and 1~.to, 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, agriculturat 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.
4
Revised July 1. 199fl
STANDARD LIMITING CONDITIONS
1. 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.
2. WATER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PERMITTEE'S PROPERTY OR
INTO SURFACE WATERS OF THE STATE WILL BE SUBMITTED 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,
3. THIS PERMIT SHALL NOT RELIEVE THE PERMITTEE OF ANY OBLIGATION TO OBTAI~-
NECESSARY FEDERAL. STATE. LOCAL OR SPECIAL DISTRICT APPROVALS.
4. 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
PERMITTEE. THE TRANSFER REQUEST CAN BE SUBMITTED CONCURRENTLY WITH THE
CONSTRUCTION COMPLETION CERTIFICATION.
5. 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,"
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. 1994."
7. OFF-SITE DISCHARGES DURING CONSTRUCTION AND DEVELOPMENT WILL BE MADE ONLY
THROUGH THE FACILITIES AUTHORIZED BY THIS PERMIT.
B. A PERMIT TRANSFER TO THE OPERATION PHASE SHALL NOT OCCUR UNTIL A RESPONSIBLE
ENTITY MEETING THE REQUIREMENT IN SECTION 9. O. "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 PERMITTEE 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 SUBMITTED 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 PERMITTEE 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 PERMITTEE OR AUTHORIZED,;/\GENT
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 STATEME~~ 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,
IS. 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
PERMITTEE 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
SUBMITTED BY THE OPERATING ENTITY). IN ACCORDANCE WITH SECTIONS 40E-l,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 MUST OBTAIN 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
I. 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.
2. MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION AND/OR
TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER.
3. 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,
4. FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CONSTRUCTED WITHOUT AN
APPROVED MODIFICATION OF THIS PERMIT.
5. OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF
PERMITTEE,
6. ALL SPECIAL CONDITIONS AND EXHIBITS PREVIOUSLY STIPULATED BY PERMIT NUMBER 50-
01503-S REMAIN IN EFFECT UNLESS OTHERWISE REVISED AND SHALL APLY TO THIS
MODIFICATION,
,.- --'. ..-'
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SEC. 17. 1WP 45 S. RGE 43 E
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PROJECT: QUANTUM PARK LOT 58
PERMIT SUMMARY SHEET
APPLICATION NUMBER: 990324-5
PERMIT MODIFICATION NO.: 50-01503-S
LOCATION: PALM BEACH COUNTY. S17/T45S/R43E
OWNER: QUANTUM LIMITED PARTNERS LLC
ENGINEER: MOCK ROOS AND ASSOCIATES INC
~-
,
PROJECT AREA:
4.93 ACRES DRAINAGE AREA:
4.93 ACRES
PROJECT USE: OFFICE BUILDING
FACILITIES:
1. EXISTING: The existing site is located within the previously permitted
"Boynton Beach Park of Commerce" (Permit No. 50-01503-S).
2. PROPOSED: Proposed is the modification of Permit No, 50-01503-S to include
Construction and Operation of a Surface Water Management System
to serve 4.93 acres of commercial development known as Quantum Park
Lot 58. This portion of the project will consist of office
buildings and covered parking facilities.
The surface water management system will consist of inlets.
culverts and exfiltration trench which will provide dry pre-
treatment of 1/2 inch of runoff prior to overflow into the Quantum
Park Water management system which is the existing master system,
PROJECT LEVEL:
DRAINAGE BASIN: C-16
RECEIVING BODY: EXISTING SYSTEM
WATER QUALITY:
Dry pre-treatment of 0.5 inches will be provided within 32 LF of exfiltration
trench.
fill'
1
ENVIRONMENTAL ASSESSMENT:
Exhibit 5" ~
APPLICATION NUMBER: 990324-5
'ENVIRONMENTAL SUMMARY:
~
:;;.-
This project is located within the previously permitted Boynton Beach Park of
Commerce (Permit # 50-01503-S), The applicant proposes the construction of a
surface water system to serve 4,93 acres of commercial development. No
wetlands were identified in this parcel on the previous permit, No wetland
impacts are expected from this project and there are no wetland protection or
mitigation requirements in the permit for this parcel.
APPLICABLE LAND USE:
-..
The TOTAL PROJECT and THIS PHASE land use table pertains to the land use for the
parcel proposed for construction with this application,
TOTAL ACRES
PERVIOUS
IMPERVIOUS
TOTAL
PROJECT
4.93
1.77
3.16
PREY IOUSL Y
PERMITTED
THIS PHASE
4.93 acres
1.77 acres
3.16 acres
COMMENTS:
1 , The proposed project is consistent with the site grading and land use
assumptions from the design of the master storm water management system.
therefore. the surface water management system for this project has not
been designed to limit discharge from the design storm to a specified rate,
DIVISIONAL APPROVAL:
DATE:
l.f Iii /11
NATURAL RESOURCE MANAGEMENT
~m~~
nl a R. aln
DATE:
4//"-1/10;
Exhibit 5 b
STAFF REPORT DISTRIBUTION LIST
QUANTUM PARK LOT 58
APPLICATION NUMBER: 990324-5
PERMIT MODIFICATION NUMBER: 50-01503-$
DEPT. OF ENVIRONMENTAL PROTECTION
INTERNAL DISTRIBUTION
Revi ewer:
X Luis Colon
X Nirmala Jevakumar
X Anita R. Bain
X Carlos A. de Rojas. P.E.
J. Giddings - LEC
J. Golden - REG
X J. Gronberg
F, Lund - LEC
R. Robbins - NRM
X P. Walker - GPA
A. Waterhouse - REG
X Permit File
X P. Be 11 - LEG
Enforcement
X Environmental PPC Reviewer
X EnvironmentaJ Resource ComplianceCOUNTY
X Palm Beach -Building Division
-Environmental Res Mgmt,
-Health Dept.
-Land Development Div.
-School Brd.. Growth Mgt.
EXTERNAL DISTRIBUTION
X Applicant: -
QUANTUM LIMITED PARTNERS LLC
-
'-
.
X Applicant's Consultant
MOCK ROOS AND ASSOCIATES INC
X Engineer. County of:
PALM BEACH
X Engineer. City of:
Bovnton Bead!
X Local Drainage District:
LAKE WORTH DRAINAGE DISTRICT
BUILDING AND ZONING
OTHER
--oavid Sinclair
F.G.F.W,F.C.
FDEP
Florida Audubon - Charles Lee
Mr. Ed Dailey. President
.
EXHIBIT 6