In 2013, Terry Nitti illegally dumped 25 to 30 truck loads of soil into the
state-protected wetland/county storm water control basin bordering his property.
Filling in wetlands and/or storm water collection basins could reduce
their maximum storage capacity and potentially cause homes in the area to flood
during high rainfall events. This is why the county restricts this type of
activity. The county inspector told Terry in 2009 that he was not allowed to
place debris or soil beyond a buffer zone surrounding the pond. Terry directly
violated this restriction in 2013 and told the very inspector that informed him
of the buffer zone in 2009 that he was not aware of this restriction.
Take a close look at the map below followed by the Leon Count Notice of Violation (NOV) and Wetland Mitigation Permit that the county is forcing Terry Nitti to implement to restore the neighborhood Wetland Area and Storm water Pond which he violated by attempting to fill in with tons of soil so that he could use the extra land to park several heavy business work trucks and trailers and store commercial heat and air-conditioning units.
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| Former HOA President Terry Nitti issued NOV by Leon County for dumping 30 truckloads of soil in wetland stormwater management pond in Tallahassee Florida |
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| Photo of Honeywell Service van with commercial AC units stored on Terry Nitti's Property prior to the wetland violation. |
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| Former HOA President Terry Nitti issued NOV by Leon County for dumping 30 truckloads of soil in wetland stormwater management pond in Tallahassee Florida |
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| Former HOA President Terry Nitti issued NOV by Leon County for dumping 30 truckloads of soil in wetland stormwater management pond in Tallahassee Florida |
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| Former HOA President Terry Nitti issued NOV by Leon County for dumping 30 truckloads of soil in wetland stormwater management pond in Tallahassee Florida |
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| Former HOA President Terry Nitti issued NOV by Leon County for dumping 30 truckloads of soil in wetland stormwater management pond in Tallahassee Florida |
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| Former HOA President Terry Nitti issued NOV by Leon County for dumping 30 truckloads of soil in wetland stormwater management pond in Tallahassee Florida |
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| Former HOA President Terry Nitti issued NOV by Leon County for dumping 30 truckloads of soil in wetland stormwater management pond in Tallahassee Florida |
Look at the following Leon County code enforcement inspection interviews with Terry Nitti. When inspector Barbara Allen (BA) was sent to investigate the construction of a pool deck without a permit in August 2009 Terry Nitti told her that he was aware of the restrictions associated with the wetland area on his property.
When Barbara Allen (BA) was sent to Terry’s property in September 2013 to investigate the dumping of 25 to 30 truckloads of dirt into the wetland area on his property, he told her that he was unaware that he could not place fill in the wetland buffer area to the edge of the pond.
________________________________________________________________________
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| Former HOA President Terry Nitti issued NOV by Leon County for dumping 30 truckloads of soil in wetland stormwater management pond in Tallahassee Florida |
BOARD OF COUNTY COMMISSIONERS
LEON COUNTY
LEON COUNTY
DEPARTMENT OF DEVELOPMENT SUPPORT
AND ENVIRONMENTAL MANAGEMENT
AND ENVIRONMENTAL MANAGEMENT
TERRY NITTI
MITIGATION
ENVIRONMENTAL MANAGEMENT
PERMIT
LEM13-00081
LEM13-00081
A pre-construction meeting is required call
Ms. Barbara Allen at 606-1310 to schedule.
This environmental
management permit mandates the removal of fill placed within a floodplain and
wetland. In conjunction with the removal, the mitigation allows improvements to
the property (as shown on Exhibit A) on parcel ID. No.: 12-03-04- A-002 0 in Leon
County consistent with the following attachments and exhibits:
Attachment A: Permit Conditions
Exhibit A:
Approved Plans (Permit Plan Set) Exhibit B: Wetland Delineation (FDEP)
The permittee should be
familiar with the permit conditions and all other attachments and exhibits
included in this permit prior to the commencement of development activity.
Failure to conform to this permit may cause appropriate enforcement action to
be taken that could include a "Stop Work Order" or a "Notice of
Violation".
Approved By:
01-31-14
John Kraynak, P.E., Director Date
Environmental Compliance
M.A.H.
January
30, 2014 LEM13-00081 Page
1 of 6
_____________________________________________________________________________________________
ATTACHMENT "A"
PERMIT CONDITIONS:
Terry Nitti
Mitigation
GENERAL CONDITIONS:
1. The permittee shall conduct all development
activity consistent with the "Environmental Management Act," Article
VII, Chapter 10 of the Leon County Land Development Code. Reference Section
10-4.105.
2.
Posting of placards. A
placard indicating issuance of a valid permit shall be posted in a conspicuous
place on site at all times during the development activity. Reference Section
10-4.203(c)(1).
3.
Permit and plans on-site. A
copy of the approved permit and plans (Exhibit "A" and subsequent
approved contractor "Shop Drawings") shall be available on site at
all times when any development activity is occurring on the site. Reference
Section 10-4.203(c)(2).
4.
Notice of intent to proceed and
Pre-Construction Conference. A notice of intent to proceed shall be filed with the
Director at least three (3) working days prior to initiation of any physical
development activity on the site. The notice shall specify the site location
and the permit number(s) applicable to the activity and shall specify the date
and approximate time at which such physical development activity is to
commence. A pre-construction conference will be scheduled and required prior to
the commencement of any development activity. Reference Section 10-4.203(c)(3).
5.
Environmental Management Officer. This individual shall be in responsible
charge of all on-going work on the site and ensure that all work is proceeding
according to the approved plans and permit. The designated environmental
management officer must ensure that during such time as the officer is not
personally present on the site a designated alternate remains in responsible
charge of the project. For this project, the Environmental Management Officer
shall be determined at the pre-construction conference. Reference Section
10-4.203(c)(6).
6.
Permit Expiration. This
Environmental Management Permit expires 36 months after issuance. Reference
Section 10-4.214(1)(a).
7.
Extensions. Permits may be
extended, by request of the applicant and approval of the Director, for
successive periods of time not to exceed 36 months each, provided the request
for extension is made prior to the expiration of the prior approval and
provided continuous good faith efforts have been made to complete the
development. Reference Section 10-4.214(1)(b).
8.
Early expiration for cause. If no substantial and readily observable site
development activity has taken place within 18 months of the issuance of the
permit or, once development is
started, if no such development activity occurs for any 12 consecutive months,
the Director may, after notifying the permittee and providing an opportunity
for hearing, determine the permit to be expired and shall so notify the
permittee. Such a permit may not thereafter be extended. Reference Section 104.214)1)(c).
9.
Effect of permit
expiration. Once a permit has
expired, no further development activity may proceed on the permitted
development site unless and until a new permit is received for the development
site and activity. Reference Section 10-4.214(3).
10.
Continued responsibility under expired permit.
An expired permit shall not
relieve the permittee from the responsibility of continued compliance with this
permit and the Code. Where development has commenced and no final inspection
completed before expiration of a permit, the permittee may be required to
submit, and obtain the Director's approval of a new environmental management
permit application or an application for amendment of the expired permit. As an
option, the permittee may be required to complete and maintain the landscaping,
trees, or stormwater management systems and facilities which were required by
the expired permits, as necessary to prevent significant adverse environmental
impacts as a result of development activity which has occurred on the site.
Reference Section 10-4.214(3).
11.
Notice of transfer of permit. No later than ten (10) days after the sale or
legal transfer of property upon which a stormwater management facility has
been, or is approved to be, constructed pursuant to a permit issued by the
County, a notice of transfer of permit shall be submitted to the Director. The
notice shall be made using a form provided by the Director. Reference Section
10-4.214(5)(a).
12.
Transfer liability. Until a proper notice of permit transfer is
provided to the Director, the permittee and any other person constructing,
operating, or maintaining the permitted facility shall be liable for compliance
with the terms of the permit. The permittee transferring the permit shall
remain liable for corrective actions required as a result of any violations
occurring prior to transfer. For facilities that have received final inspection
approval prior to the time of legal transfer, the original permittee shall
remain liable for performance of warranty obligations as set forth in Section
4.208(d), absent an express assumption of liability as to such warranty
obligations by the subsequent holder of the property. Reference Section
10-4.214(5)(b).
13.
Amendments. Any minor change or deviation from the
approved plans shall require an amendment to this permit. Substantial changes,
including significant increases in impervious area, changes in intended land
use, modification of stormwater management system, new phases of development,
or other additions, shall not be treated as amendments, but shall require a new
permit application. Reference Section 10-4.215.
14.
During development. All
environmental management controls and facilities shall be maintained in a
manner which will ensure proper functioning and protection from unnecessary
environmental degradation, throughout the development process. Reference
Section 10-4.210(a).
15.
Post-development. Upon
completion of development activities and construction, the permittee shall ensure
that each site is properly stabilized, and that swales and other stormwater
management features shown in the permit are in place in a manner consistent
with the permit, approved plans and specifications. Reference Section
10-4.210(b).
16.
Post-construction inspection. Prior to requesting a final inspection by the Director, the
permittee shall have a qualified professional to personally inspect the site
and facilities and certify as provided for in Section 10-4.208(b).
_________________________________________________________________________________
SPECIFIC CONDITIONS:
1.
Permit Scope. As shown in
Exhibit "A" (the permit plan set), this permit authorizes: the
extraction of fill from the floodplain and wetland system. The fill will be
allowed in the upland locations in conjunction with improvements to the site
(relocation of the septic system and existing storage unit), reference Exhibit
A.
2.
Licensed contractors. All
excavation, grading work, and other site work shall be performed under the
supervision of a certified or registered general contractor, building
contractor, residential contractor, commercial or residential pool/spa
contractor, or underground utility contractor, or by an excavation, grading and
site contractor duly licensed by the County Contractors Licensing Board.
Reference Section 10-4.203(c)(5).
3.
Notification of Easements. A copy of any required easements, with proof
of recording, shall be provided to the Director prior to final inspection.
Where transfer of title for any affected parcel is proposed, the owner shall
provide clear information to each prospective buyer prior to execution of any
contracts, about the existence, impacts, and responsibilities associated with
any easements on the property. A copy of the applicable easements shall be
provided by the owner to each prospective purchaser prior to closing, and the
copy shall be initialed by the parties and attached to such closing documents
upon execution. Reference Section 10-4.203(c)(8).
4.
Stormwater management facility operating permit. No stormwater management facility shall be utilized until a
stormwater management operating permit is obtained. An operating permit is not
required for facilities which have as their primary function the conveyance of
stormwater, facilities under construction as part of an approved development
plan, and temporary facilities which are part of an erosion and sediment
control plan. Reference Section 10-4.209(a).
5.
Required disclaimers. Any contract for the conveyance of title to
land for which stormwater management is provided by a system or facility not
maintained by the County or the City of Tallahassee shall contain the following
statement: "Neither Leon County nor the City of Tallahassee is responsible
for the maintenance, upkeep or improvement of any stormwater management
facility utilized by the land described herein. Title to this property carries
with it the requirement that the current and all subsequent owners or their
authorized agent obtain a stormwater management facility operating permit from
the County. The owner of this property shall be legally responsible, jointly
with other owners using the facility and based on pro rata share, for
compliance with all stormwater management facility operating permit maintenance
and operation requirements, as well as all other permit conditions, unless such
maintenance and operation obligations have been specifically assumed by some
other entity pursuant to Director approval and appropriate documentation
recorded in the public records of Leon County." Reference Section
10-4.210(d).
6.
Landscape and tree maintenance, if
applicable. All
landscaping, landscaped areas, landscape development, buffer areas, and trees
required as part of this permit shall be maintained and used pursuant to
Sections 10-4.348(b), 10-4.355, 10-4.209(f)(1)(h) , 10-4.209(g)(7), and
10-4.211 of the Land Development Code and shall be checked for compliance
during the operating permit renewal process.
7.
System Evaluation & Redesign. At any time, should the County determine that
the stormwater management system, stormwater pollution prevention plan,
landscape plan, or any maintenance program is not functioning as designed, the
County may request a system evaluation to determine compliance. The Permittee
shall have thirty (30) days to evaluate the discrepancy and respond.
Should the Permittee verify that a discrepancy exists, then the
Permittee shall have sixty (60) days to redesign and implement the appropriate
redesign necessary to correct the discrepancy. This process does not apply to
any event of noncompliance with the permit and approved plans, in which case
the enforcement provisions of the Environmental Management Act shall apply.
8.
Stormwater Facility Performance. The stormwater management system for the development activity
permitted herein shall conform to the "Stormwater Management Plan"
(Exhibit A).
9.
Intergovernmental Transfer. If at any time, the City of Tallahassee (the "City")
annexes the permitted development into its corporate boundary, then this permit
shall be transferred to the City with all provisions fully enforceable by the
City. The City shall assume the role of the County in each provision of this
permit.
10.
Termination of Permit. The requirements, responsibilities and
obligations of the Permittee in the General Conditions, Specific Conditions,
and Special Conditions shall never expire with this permit. The Permittee may
terminate such requirements, responsibilities and obligations either by an
appropriate transfer as prescribed in Paragraph 12 of the General Conditions or
by closing the development in a manner guaranteeing the preservation of natural
areas, conservation easement areas, and/or other protected areas. Such closure
shall require the submittal and approval of a short form environmental
management permit which states appropriate plans to close the project in manner
that will ensure compliance with the Environmental Management Act upon and
after termination of responsibility. Reference Section 10-4.214(1)(c).
11.
Other Permits. This permit is issued with the condition that
the applicant procure and comply with all other necessary federal, state, and
local agency permits, including but not limited to the Florida Department of
Environmental Protection (FDEP) permit, Florida Department of Transportation
(FDOT) drainage and/or access connection permits, NPDES permit and Leon County
driveway connection permit. These permits must be provided prior to the start
of construction. Reference Section 10-4.201(f).
12.
Construction Sequence. All stormwater facilities shall be constructed
and functioning prior to any clearing (with the exception of clearing for the
stormwater ponds), and prior to the start of the building construction, roadway
construction or any other development activity as defined in the Environmental
Management Act. Phased stormwater facility construction may be allowed with
prior written consent by the Director provided that each phase is fully
sustainable, meets the applicable stormwater standards and provides no adverse
downstream impacts. This condition supersedes any other permit conditions and
plans related to this topic. In the event of a conflict between this condition
and any other condition in the permit or plans, this condition will overrule.
13.
Noise Ordinance No. 25-56 (10). Construction or repair of buildings,
excavation of streets and highways: The construction, demolition, alteration or
repair of any building or the excavation of streets and highways other than
between the hours of 7:00 am and 8:00 pm on weekdays and Saturdays. This
prohibition does not apply to delivery and installation of concrete and other
materials associated with residential slab installation. In cases of emergency,
construction or repair noises are exempt from this provision.
14.
Noise Ordinance No. 25-57(9). Exemptions: Non-residential and multi-family residential
construction projects approved and permitted by the County.
___________________________________________________________________________________________
SPECIAL CONDITIONS:
1.
As used herein, the term "permittee" shall refer to the
current owner of parcel tax ID No. 12-03-04 A-0020. This permit may be
transferred to another party in accordance with the General Conditions. Upon
the Director's approval of a Notice of Transfer of Permit, the term
"permittee" shall refer to the new property owner(s) identified in
this approved notice. The permittee shall ensure that all contractors and other
agents authorized by the permittee to conduct the permitted development
activities abide by the terms and conditions of this permit.
2.
The permittee or
permittee's authorized agent shall contact the County Environmental Inspector
to arrange a pre-construction conference. The County Environmental Inspector
for this project will be Ms. Barbara
Allen who may be contacted at (850) 606-1310 or 544-0825.
3.
Additional silt
fences, other sediment/erosion control devices and measures, or tree barricades
may be required during project construction, as specified by the environmental
inspector.
4.
The sequence of
activities and the tree species maybe changed after approval from the
environmental inspector, reference plan notes sheet 2 of 3.
5.
Mowing is not
allowed within the wetland area delineated by Florida Department of
Environmental Protection.
6.
The permittee or
permittee's authorized agent shall complete the project, no later than February 28 , 2014. Final inspection
shall be requested no later than March
14, 2014.
7.
Notwithstanding
the general and specific conditions contained in this permit, this project will
require submittal of a letter of completion from the permittee or permittee's agent. This
should be submitted to the Director prior to the applicant's request for final
inspection.
8.
No staging outside the limits of the parcels
or referenced easement is permitted.
January 30, 2014 LEM13-00081 Page
6 of 6
_________________________________________________________________________________________
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| Former HOA President Terry Nitti issued NOV by Leon County for dumping 30 truckloads of soil in wetland stormwater management pond in Tallahassee Florida |
________________________________________________________________________________________
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| Former HOA President Terry Nitti issued NOV by Leon County for dumping 30 truckloads of soil in wetland stormwater management pond in Tallahassee Florida |
_________________________________________________________________________________________
 |
| Former HOA President Terry Nitti issued NOV by Leon County for dumping 30 truckloads of soil in wetland stormwater management pond in Tallahassee Florida |
_________________________________________________________________________________________
 |
| Former HOA President Terry Nitti issued NOV by Leon County for dumping 30 truckloads of soil in wetland stormwater management pond in Tallahassee Florida |
_________________________________________________________________________________________
 |
| Former HOA President Terry Nitti issued NOV by Leon County for dumping 30 truckloads of soil in wetland stormwater management pond in Tallahassee Florida |
_________________________________________________________________________________________
 |
| Former HOA President Terry Nitti issued NOV by Leon County for dumping 30 truckloads of soil in wetland stormwater management pond in Tallahassee Florida |
____________________________________________________________________________________
Latest update on Terry's mitigation of his wetland violation.
Terry Nitti initiated the soil
relocation portion of his mitigation permit around March 21, 2014 using an excavator and heavy loader. Andy Welch stopped by to chat and inspect his progress.
The wetland mitigation permit (presented above) required that all of
the fill soil that terry had illegally dumped into the wetland and buffer zone was to be completely moved to an area located to the northeast of his house.
Terry moved some of the fill that area, but he also spread and compacted large
quantities of the illegal fill soil into the wetland in defiance of the county permit.
A Leon County inspector who visited the property on March 24, informed Terry that he was required to carefully remove all of the fill soil from the wetland until the natural soil was visible (see the inspectors notes below).
Date/Time: 3/24/2014
Inspector: Not
Approved
Status: BA
Inspector's Comment: (Information
Call) Received e-mail about fill in wetland. Met Terry on site and inspection
wetland. He is to carefully pull fill from wetland until hydric soil is
exposed, keep it in buffer and grade outside. Stabilize with seed mix and
straw. Leave SF where it is now because of water. Mike and I will visit site tomorrow.
Date/Time: 3/25/2014
Inspector: Not
Approved
Status: BA
Inspector's Comment: (Information
Call) Site inspection with MIchael. Not much headway since yesterday. Area at
wetland is still wet- can't work.
Date/Time: 4/2/2014
Inspector: Not
Approved
Status: BA
Inspector's Comment: (Information Call) Called Terry, he used rye and
centipede grass seed to stabilize. I told him that we have Partially approved
his permit, pending confirmation that the area is stabilized after the seeds
have sprouted and grown in.
The weight of the numerous truck loads of fill that Terry illegally dumped into our protected wetland caused significant additional damage to our entrance road. His mitigation work further damaged the entrance road and the loop road around the curve by bringing in a large excavator and loader (see photos below). Terry has caused much of the damage to the entrance road since he moved here by running a business from his home which involves several heavy vans, trucks, and trailers entering and leaving our neighborhood every day. Terry should have paid at least part of the costs of resurfacing of the entrance road, and he should make repairs to the cracks that his project has created along the curve of the loop road. Other homeowners have been forced to pay for damage to the common areas in front of their homes, such as re-sodding areas where they parked beside the roadway. Why would we allow Terry to do so much more damage to the common area (road) without any penalty? The pattern of selective enforcement continues.
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| View of the Foxwood Glen roadway during Terry Nitti's mitigation of his wetland violation |
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| View of the Foxwood Glen roadway during Terry Nitti's mitigation of his wetland violation |
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| View of the Foxwood Glen roadway during Terry Nitti's mitigation of his wetland violation |
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| Terry Nitti's house and Honeywell service van shown during mitigation of the wetland violation |
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| View of the Terry Nitti's driveway during mitigation of his wetland violation |
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