Michael R. Kuebel and Sara L. Kuebel, Richard J. Dardas, Jo Ann Johnson, Trustee, and Carolyn T. Bracci, Eden on the Bay Subdivision, Collier County, Florida; The Petition was granted by the Governing Board of the South Florida Water Management ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

NOTICE IS HEREBY GIVEN that South Florida Water Management District has issued an order disposing of the petition for declaratory statement filed by Michael R. Kuebel and Sara L. Kuebel, Richard J. Dardas, Jo Ann Johnson, Trustee, and Carolyn T. Bracci, Eden on the Bay Subdivision, Collier County, Florida on July 29, 2011. The following is a summary of the agency’s disposition of the petition:

The Petition was granted by the Governing Board of the South Florida Water Management District on October 13, 2011. The Order is limited to the specific information set forth in the Petition and the Permit. The District’s determination is limited to the Petitioners’ particular circumstances, not the conduct or responsibilities of the Association or Petitioners arising from Association organizational documents or other agreements. The Order is limited to Structural Buffers as identified in the Permit, which include those in the pool and recreation area, and the rear of lots 183 through 191. The Order does not address rights or obligations existing between the Association and the Petitioners as may be specified in the homeowners’ association documents or other agreements between homeowners or Petitioners and the Association. Permitted structures or facilities are the obligation of the Permittee/ Association under the Permit. These include the facilities specifically addressed in the Permit as the “structural buffer in the form of a pretreatment swale and hedge or a stem wall in the pool and recreation area, and the rear of lots 183 through 191.” This Declaratory Statement specifically responds to the questions raised in the Petition as follows:

a.Pursuant to the Permit, the Petitioners are not responsible under permit requirements to alter, operate, maintain, remove or abandon that portion of the Structural Buffer situated on their respective lots, to the extent that those facilities are identified in the Permit.

b.The Structural Buffers, identified in the Permit, are part of the surface water management system for Eden on the Bay. This Statement does not apply to any Structural Buffers which are not identified in the Permit.

c.The Structural Buffers identified in the Permit are required to be constructed, operated and maintained as part of the plans and specifications as set forth in the Permit.

d.The Permit does not grant the Petitioners the power and authority to operate and maintain the Structural Buffers identified in the Permit.

e.This Declaratory Statement does not make a determination as to whether the Petitioners have the responsibility, power or authority to operate, repair, maintain, remove or abandon the Structural Buffers on their property under Association documents or agreements between homeowners and the Association; nor does this Declaratory Statement make a determination as to whether Petitioners have any obligation to reimburse the Association for any work done by the association to operate, repair, maintain, remove or abandon the Structural Buffers on their property under Association documents or other agreements.

f.This Declaratory Statement does not authorize any activities.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 2087 or [phone].