STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

NOTICE OF PERMIT ISSUANCE FOR ERP ACTIVITIES

NOT ON SOVEREIGN SUBMERGED LANDS

The Department of Environmental Protection gives notice of its issuance of an Environmental Resource Permit, No. 36-0178962-003, to Lee County Utilities, 7391 College Parkway, Fort Myers, FL  33907, to construct and maintain a stormwater management system to serve 0.76 acre of the entire 19.4-acre site.  Two water management basins will provide dry stormwater quality treatment for the project area (0.76 acre) limits located within the landward extent of the Caloosahatchee River, a Class I Waterbody, as shown on the permit drawings.  There are no wetlands located within the permitted project area and no wetlands are proposed to be impacted by the authorized activity.

            The activities authorized by this Permit are located at 1450 Werner Drive, Alva, FL  33920, Tax Parcel Identification Number:  23-43-26-00-00008.0020, in Section 23, Township 43 South, Range 26 East, Lee County, at Lat 26º 43’ 10.7443”/Long 81º 40’ 52.6066”, adjacent to Class I Waters.

            The permit is available for public inspection from 8:00 a.m. to 5:00 p.m. Monday through Friday except for legal holidays, at the Department of Environmental Protection, 2295 Victoria Avenue, Suite 364, Fort Myers, FL  33901.

            This permit is hereby granted.  This action is final and effective on the date filed with the Clerk of the Department unless a sufficient petition for an administrative hearing is timely filed under Sections 120.569 and 120.57 of the Florida Statutes as provided below.  If a sufficient petition for an administrative hearing is timely filed, this action automatically becomes only proposed agency action on the application, subject to the result of the administrative review process.  Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department.  Because an administrative hearing may result in the reversal or substantial modification of this action, the applicant is advised not to commence construction or other activities until the deadlines noted below for filing a petition for an administrative hearing or request for an extension of time have expired.

            Mediation is not available.

            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 Statutes.  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.

            Under Rule 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 of the time period for filing a petition until the request is acted upon. 

            If 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 permitted 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 Rule 62-110.106(3)(a)(4), petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this 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 receipt of the written notice, whichever occurs first.  Under Section 120.60(3) of the Florida Statutes, however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt 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 that person’s right to request an administrative determination (hearing) under Sections 120.569 and 120.57 of the Florida Statutes.

            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 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.

            Under Sections 120.569(2)(c) and (d) of the Florida Statutes, 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 permit constitutes an order of the Department.  Subject to the provisions of paragraph 120.68(7)(a) of the Florida Statutes, which may require a remand for an administrative hearing, the applicant has the right to seek judicial review of the order under Section 120.68 of the Florida Statutes, 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 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 order is fled with the Clerk of the Department.  The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275 of the Florida Statutes, may also seek appellate review of the order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275 of the Florida Statutes.  Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when the order is filed with the Clerk of the Department.

LCU Ad No. 82

Legal Ad No.