Miami Herald, The
April 20, 2026
BLACK CREEK COMMUNITY DEVELOPMENT DISTRICT
NOTICE OF RULEMAKING AND PUBLIC HEARING TO ADOPT DERM RULES PERTAINING TO MAINTENANCE AND COMPLIANCE WITH THE DECLARATIONS OF RESTRICTIVE COVENANT AND ENGINEERING CONTROL MAINTENANCE PLANS RELATING TO PROTECTION OF GROUNDWATER AND CONTAMINATED SOIL
In accordance with Chapters 120 and 190, Florida Statutes, the Black Creek Community Development District (the "District") hereby gives notice of its intention to enact and establish the certain Division of Environmental Resources Management ("DERM) Rules governing the operations of and within the District pertaining to one or more Declaration of Restrictive Covenants (collectively, "DRC") recorded against lands within the District, and which provide that the District is responsible for certain obligations described in the Engineering Control Maintenance Plans ("ECMP") and Miami-Dade County Department of Regulatory and Economic Resources, Division of Environmental Resources Management requirements within the District (collectively, the "DERM Rules").
Specific legal authority for the proposed DERM Rules includes Sections 120.54, 120.81, 190.035, 190.011(5), Florida Statutes. A copy of the proposed DERM Rules may be obtained by contacting the District Manager, Armando Silva, Special District Services, Inc., by telephone at (786) 313-3661, or by email at asilva@sdsinc.org. Participants and interested persons are strongly encouraged to submit questions and comments in advance of the meeting and public hearing referenced below to facilitate the Board's consideration of such questions and comments during the meeting.
The Board of Supervisors of the District will hold a public hearing on May 20, 2026 at 10:30 A.M. at Lennar Homes, LLC located at 5505 Waterford District Drive, Miami, Florida 33126, to receive public comment on the adoption of the DERM Rules pertaining to the DERM and DRC requirements. The proposed DERM Rules may be adjusted at the public hearing pursuant to discussion by the Board of Supervisors and public comment.
The proposed DERM Rules provide for the inspection, maintenance, compliance, and reporting requirements regarding properties situated within the District boundaries and as described in the DRC. The District is required to conduct certain routine inspections of property within the District boundaries, including residential private property, to ensure compliance with the DRC and ECMP, require notification by the individual property owners of any penetration of the engineering controls on their property and any interaction with groundwater and reporting to DERM. Pursuant to the ECMP, the District is responsible for the maintenance of engineering controls, disclosing environmental conditions to prospective contractors, retention of a Florida licensed professional engineer to oversee and document work performed below the engineering controls, and submit Source Removal Reports and Engineering Control Repair reports, as necessary, as described in the DRC and ECMP. The DERM Rules require property owners within the District to comply with the DRC and ECMP, to inform the District of any intention of digging holes or trenches that would disturb or penetrate the engineering controls or any intention to interact with groundwater, provide proof to the District of Miami-Dade County permits in compliance with the DRC, notify the District of any violations of DRC or DERM requirements received from DERM, and disclose the environmental conditions and requirements of the DRC and ECMP to prospective contractors, engage a professional engineer to oversee any such work, and provide reports to the District. The DERM Rules further provide for the District to repair and restore any damage to engineering controls and recoup the costs thereof, plus interest, from the property owner.
Pursuant to provisions of the Americans with Disabilities Act (ADA), any person requiring special accommodations at this hearing because of a disability or physical impairment should contact the District Office at 561-630-4922 at least forty-eight (48) hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8770, for aid in contacting the District Office.
All interested parties may appear at the above public hearing at the stated time and place. Any person who wishes to provide the District with a proposal for a lower cost regulatory alternative as provided by Section 120.541(1), Florida Statutes, must do so in writing within twenty-one (21) days after publication of this notice. This public hearing may be continued to a date, time, and place to be specified on the record at the hearing. The public record of this hearing may be examined at the office of the District Manager set forth above.
Pursuant to Section 286.0105, Florida Statutes, the District advises the public that: If a person decides to appeal any decision made by this Board with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected persons may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the Board for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
A copy of the proposed DERM Rules may be obtained by contacting the District Manager at (786) 313-3661, or by email at asilva@sdsinc.org.
District Manager
Black Creek Community Development District
www.BlackCreekcdd.org
IPL0330229
Apr 20 2026
Miscellaneous Notices