Anyone know when construction starts and the projected opening date?
A spokesperson told us they anticipated starting construction in late 2010 or early 2011. She said the project is expected to take a year to complete.
This legal notice recently appeared regarding the DEP permit for the store:
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF INTENT TO ISSUE PERMIT
The Department of Environmental Protection gives notice of its intent to issue an environmental resources individual stormwater permit for ?Wal-Mart Store #5872-00?, Permit Number 66-0201129-004-SI, to J. Chris Callaway, Regional Vice President, Wal-Mart Stores East, at 2001 S.E. 10th Street, Bentonville, Arkansas 72716.
The purpose of the permit is to authorize construction of a new shopping center, plus related infrastructure, including a stormwater management system, on approximately 10.15-acres of a 105.5-acre parcel. Stormwater treatment will be provided via a dry retention pond. Post-development discharge rates will be controlled. A portion of the site development contains jurisdictional wetlands, for which a separate wetland resource management permit has been issued.
Proper erosion control measures will be employed during construction.
The project will be located on the northwest corner of U.S. 98 and West Hewitt Road, east of Sandestin, in Walton County, Florida.
Based on all the above, and with the application of general and limiting specific conditions of the permit, the Department has reasonable assurance the project, as proposed, fully meets the environmental resources permitting stormwater requirements of Chapter 62-346, Florida Administrative Code, and will not harm the environment.
A person whose substantial interests are affected by the Department?s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57 of the Florida Statute. The petition must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.
Because the administrative hearing process is designed to re-determine final agency action on the application, the filing of a petition for an administrative hearing may result in a modification of the permit, or even a denial of the application. Accordingly, the applicant will not commence construction or other activities under this permit until the deadlines below for filing a petition for an administrative hearing, or request for an extension of time, have expired.
Under subsection 62-110.106(4) of the Florida Administrative Code, a person whose substantial interests are affected by the Department?s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline. A timely request for extension of time shall toll the running time period for filing a petition until the request is acted upon. If a request is filed late, the Department may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect.
In the event that a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205 of the Florida Administrative Code.
In accordance with subsection 28-106.111(2) and subparagraph 62-110.106(3)(a).4, Florida Administrative Code, petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3) of the Florida Statutes, must be filed within 21 days of publication of the notice.
Under Section 120.60(3) of the Florida Statute, however, any person who has asked the Department for notice of agency action may file a petition within 21 days of such notice, regardless of the date of publication.
The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of those rights.
A petition that disputes the material facts on which the Department?s action is based must contain the following information:
(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 during the course of the proceeding; and an explanation of how the petitioner?s substantial interests are or 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, including the specific facts that the petitioner contends warrant reversal or modification of the agency?s proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency?s proposed action; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency?s proposed action.
A petition that does not dispute the material facts on which the Department?s action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule 28-106.301, Florida Administrative Code. Under Sections 120.569(2)(c) and (d) of the Florida Statute, a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed.
This action is final and effective on the date filed with the Clerk of the Department unless a petition is filed in accordance with the above. Upon the timely filing of petition this order will not be effective until further order of the Department.
This permit, when issued, constitutes an order of the Department. The applicant has the right to seek judicial review of the order under Section 120.68 of the Florida Statute, by the filing of a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, 32399-3000; and by filing a copy of the notice of the appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the final order is filed with the Clerk of the Department.
The application for this permit is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except for legal holidays, at the Northwest District office, 160 Governmental Center, Pensacola, Florida.
1tc: April 15, 2010 813L
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