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    Legal Notices for June 22, 2018

    Posted on June 22, 2018

    Notice of Final Public Review of a Proposed Activity in a 100-Year Floodplain and Wetland
    To: All interested Agencies including all Federal, State, and Local, Groups and Individuals
    This is to give notice that the Department of Housing and Urban Development (HUD) under 24 CFR part 50 has conducted an evaluation as required by Executive Order 11990, in accordance with HUD regulations at 24 CFR 55.20 Subpart C Procedures for Making Determinations on Floodplain Management and Wetlands Protection. The activity is funded under Section 221(d)(4) New Construction of the National Housing Act and HUD Contract # 063-35354. The subject property, proposed to be developed as Prospect at Byron Butler, is located at 2640 South Byron Butler Parkway in Perry, Taylor County, Florida (Latitude 30° 5’ 21.09”N, Longitude 83° 34’ 13.33”W). The subject property consists 20.22 acres of which approximately 3.55 acres are designated to be contained within the 100/500-year floodplain, according to FEMA Flood Insurance Rate Map (FIRM) 12123C-0379D, dated May 4, 2009., although the topographical survey shows that only 0.39+/- acre, located near the northwestern tip of the project site, is actually below the Base Flood Elevation (BFE) of 37.34 feet. A wetland delineation documented an isolated wetland of approximately 0.26 acres, centered within the previously mentioned portion of the site that is below the BFE. It is proposed for development of a multifamily housing development consisting of 80 individual market rate apartment units. It will consist of five residential apartment complexes, a clubhouse, maintenance building and an outdoor swimming pool. The portion of the site proposed for development encompasses 7.6 acres.
    There are no proposed impacts to the identified wetlands. It is important to note that none of the buildings and site improvements will be situated within the wetland areas. Given that there will be no development to occur within the wetland area, it is the intention of the Owner to maintain the protection of the wetlands under a use restriction, pursuant to Section 4 of E.O. 11990 and all restrictions and regulations as set forth by the Department of the Army governing the wetlands. HUD also requires special requirements and/or covenants related to the protection and non-disturbance of the wetlands as part of the legal closing documents.
    Two of the five buildings, the clubhouse, and a portion of the parking areas will be situated within the 100/500-year floodplain; the other buildings will be in Zone X, areas outside the 100/500-year floodplain area. There will be two retention ponds built to control storm water, one of which will partially be built within the flood hazard area. The proposed storm water retention pond is designed with an outfall structure that will control the rate of discharge of the pond. This pond, while not impacting the wetlands, will be partially located in the 100-year floodplain area but outside of the wetland area.
    Floodplains and wetlands provide natural and beneficial values by acting as natural filters, providing water storage, and recharging ground water aquifers. They can also provide habitat for a variety of biologically unique flora and fauna, including wetland-specific micro-invertebrates. Functions of floodplains and wetlands include floodwater storage and conveyance, groundwater discharge or recharge, erosion control, water quality maintenance, and habitat for flora and fauna. The on-site floodplains and wetlands provide the following functions and values: water storage and water quality protection, habitat for common plants, natural flood and erosion control, recreational use, and potential food resources for common wildlife.
    HUD has considered the following alternatives and mitigation measures to be taken to minimize adverse impacts and to restore and preserve natural and beneficial values:
    (i) Alternatives were investigated for the proposed development that included the “no action” alternative. While other properties in the Market Area have been identified as potential locations for the proposed development, the zoning, incompatible surrounding land uses, inadequate size, and/or remaining wetland impacts make them unsuitable for the proposed mixed-use development; therefore, the subject property has been identified as the only site which can meet this need. The proposed development would provide an attractive and much-needed housing for the residents of the City of Perry/Taylor County. Therefore, the no-action alternative would not achieve any of the benefits attributed to the proposed activities. It would not satisfy the current need for this type of development in this area.
    (ii) To comply with the Executive Order, the Sponsor has entered into consultation with registered engineers and wetland consultants who have prepared development plans that minimize the effects of the impacts to the wetlands located on the subject property. Erosion and sediment control measures will be conducted in accordance with all applicable regulations to ensure the protection of the remaining wetlands and floodplains during construction, Thus, the proposed development ensures, to the maximum extent practicable, the restoration and preservation of the natural and beneficial functions and values attributed to the area wetlands and floodplains.
    HUD has reevaluated the alternatives to building in the wetlands and has determined that it has no practicable (Continued from page 13)
    alternative. Environmental files that document compliance with steps 3 through 6 of Executive Order 11990 are available for public inspection and copying upon request at the times and location identified at the end of this notice.
    There are three (3) primary purposes for this notice. First, people who may be affected by activities in the floodplain and wetland areas and those who have an interest in the protection of the natural environment should be given an opportunity to express their concerns and provide information about these areas. Commenters are encouraged to offer alternative sites outside of the floodplain and wetland areas, alternative methods to serve the same project purpose, and methods to minimize and mitigate impacts. Second, an adequate public notice program can be an important public educational tool. The dissemination of information and request for final public comment about floodplains and wetlands can facilitate and enhance Federal efforts to reduce the risks and impacts associated with the occupancy and modification of these special areas. Third, as a matter of fairness, when the Federal government determines it will participate in actions taking place in floodplains and wetlands, it must inform those who may be put at greater or continued risk.
    Final written comments must be received by HUD at the following address on or before June 30, 2018. Comments should be addressed to Jon W. Bonner, Branch Chief, Technical Team with the US Department of Housing and Urban Development at 40 Marietta Street, Atlanta, GA 30303 or by phone at (678) 732-2353. A full description of the project may also be reviewed from 8:00 a.m. – 4:30 p.m. at the address listed above. Comments may also be submitted via email at Jon.W.Bonner@hud.gov.
    Date: June 22, 2018

    IN THE CIRCUIT COURT, THIRD JUDICIAL CIRCUIT, IN AND FOR TAYLOR COUNTY, FLORIDA
    PROBATE DIVISION
    CASE #18-276-CP
    IN RE: The Estate of
    VERNON BLANTON
    Decedent.
    NOTICE TO CREDITORS
    The administration of the estate of VERNON BLANTON, deceased, whose date of death was December 15, 2017, File #18-276-CP, is pending in the Circuit Court for Taylor County, Florida, Probate Division, the address of which is Post Office Box 620, Perry, Florida 32348. The names and addresses of the personal representative and the personal representative’s attorney are set forth below.
    All creditors of the decedent and other persons having claims or demands against decedent’s estate on whom a copy of this notice is required to be served must file their claims with this court WITHIN THE LATER OF 3 MONTHS AFTER THE TIME OF THE FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM.
    All other creditors of the decedent and other persons having claims or demands against decedent’s estate must file their claims with this court WITHIN 3 MONTHS AFTER THE DATE OF THIS NOTICE.
    ALL CLAIMS NOT FILED WITHIN THE TIME PERIODS SET FORTH IN SECTION 733.702 OF THE FLORIDA PROBATE CODE WILL BE FOREVER BARRED.
    NOTWITHSTANDING THE TIME PERIODS SET FORTH ABOVE, ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECEDENT’S DATE OF DEATH IS BARRED.
    /s/ Angela Gail Clark
    Angela Gail Clark
    1289 Pine Bluff Rd.
    Perry, FL 32348
    /s/ Angela M. Ball
    ANGELA M. BALL, Attorney for Petitioner
    FL BAR NO.: 0796557
    Post Office Box 734
    Perry, Florida 32348
    (850) 584-8960
    6/15, 6/22

    Notice of Intention to Register Fictitious Name
    To whom it may concern: Notice is hereby given that the undersigned, pursuant to the fictitious name statute, chapter 20953 or Section 865.09, Florida Statutes, 1941, will register, with the Secretary of State, Corporation Division, Tallahassee, Florida, upon receipt of proof of publication of this notice the fictitious name, to wit:
    Dawn Hathcock / doing business as SNS Fence
    under which we will engage in business. We expect to engage in business in Perry, Florida and our address is:
    1218 Buckeye Nursery Rd.
    Perry, Florida 32347
    The extent of ownership is:
    Dawn Hathcock – 100 percent
    6/22, 6/29

    Notice of Intention to Register Fictitious Name
    To whom it may concern: Notice is hereby given that the undersigned, pursuant to the fictitious name statute, chapter 20953 or Section 865.09, Florida Statutes, 1941, will register, with the Secretary of State, Corporation Division, Tallahassee, Florida, upon receipt of proof of publication of this notice the fictitious name, to wit:
    Rising Sun Shrimp
    under which we will engage in business. We expect to engage in business in Perry, Florida and our address is:
    1950 Highway 221 N.
    Perry, FL 32347-9018
    The extent of ownership is:
    Dhurm J. White, 100 percent.
    6/15, 6/22

    FICTITIOUS NAME NOTICE
    Notice is hereby given that USAVA LENDING, LLC, owner, desiring to engage in business under the fictitious name of USA HOME LOANS located at 3567 E SUNRISE DR, SUITE 225, TUCSON, AZ 85718 in TAYLOR County intends to register the said name with the Division of Corporations, Florida Department of State, pursuant to section 865.09 of the Florida Statutes.
    6/22