Miscellaneous

WATER MANAGEMENT DISTRICTS
South Florida Water Management District
SOUTH FLORIDA WATER MANAGEMENT DISTRICT

NOTICE OF INTENDED AGENCY ACTION

The South Florida Water Management District gives notice of its intent to issue the following Permit with conditions:

Permit No. 11-00372-W (Application No. 081125-11) Port of the Islands Community Improvement District (Port of the Islands) 12600 Union Road, Naples, FL 34114, for modification of an existing permit to include both the landscape irrigation of 79.86 acres of turf using a sprinkler irrigation system with the public water supply permit previously permitted under Permit No 11-00271-W. Staff recommends a maximum monthly allocation of 24.2 MG. Primary withdrawals are from the Surficial Aquifer system, while standby withdrawals from the Faka Union Canal are for emergency fire suppression only. The project is located in Collier County, Section 9, Township 52 South, Range 24 East.

Permit No. 26-00926-W (Application No. 070102-9) Alico Inc. (Alico Inc. Basin No. 20 Mine) 640 S. Main Street, LaBelle, FL 33975, for issuance of a new Water Use Permit for dewatering. Staff recommends a 15 MGD maximum allocation for mine dewatering. Withdrawals are from the Water Table Aquifer. The project is located in Hendry County, Sections 29,32, Township 43 South, Range 31.

Permit No. 50-00499-W (Application 080520-12) City of Boynton Beach, 124 E. Woolbright Road, Boynton Beach, FL 33435, for modification and renewal of an existing public water supply permit. Staff recommends a maximum monthly allocation of 670 MG. Withdrawals are from the Surficial Aquifer System and the Floridan Aquifer. The project is located in Palm Beach County, Sections 11-14,23-26,35,36, Township 45 South, Range 42 East; Sections 1,2, Township 46 South, Range 42 East; Sections 6-10,15-22,17-34, Township 45 South, Range 43 East; Sections 4-6, Township 46 South, Range 43 East.

The Staff Report setting forth the staff recommendation regarding the permit, including proposed limiting conditions to provide reasonable assurances that the project meets SFWMD statutes and rules, can be obtained by contacting the Regulatory Records Management Section, during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, 3301 Gun Club Road, West Palm Beach, FL 33406, Environmental Resource Regulation Department, (561)682-6911, e-mail: permits@sfwmd.gov, or by accessing the Staff Report directly from the District’s website (www.sfwmd.gov) using the Application/Permit Search on the ePermitting page.

As required by Sections 120.569(1), and 120.60(3), Florida Statutes, following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights.

Right to Request Administrative Hearing – A person whose substantial interests are or may be affected by the South Florida Water Management District’s (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Florida Statutes. Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: 1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Florida Statutes; or 2) within 14 days of service of an Administrative Order pursuant to Section 373.119(1), Florida Statutes. “Receipt of written notice of agency decision” means receipt of either written notice through mail, or electronic mail, or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision.

 Filing Instructions – The Petition must be filed with the Office of the District Clerk of the SFWMD. Filings with the District Clerk may be made by mail, hand-delivery or facsimile. Filings by e-mail will not be accepted. Any person wishing to receive a clerked copy with the date and time stamped must provide an additional copy. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Any document received by the office of the SFWMD Clerk after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows:

Initiation of an Administrative Hearing – Pursuant to Rules 28-106.201 and 28-106.301, Florida Administrative Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 8 and 1/2 by 11 inch white paper. All petitions shall contain:

1.             Identification of the action being contested, including the permit number, application number, District file number or any other SFWMD identification number, if known.

2.             The name, address and telephone number of the petitioner and petitioner’s representative, if any.

3.             An explanation of how the petitioner’s substantial interests will be affected by the agency determination.

4.             A statement of when and how the petitioner received notice of the SFWMD’s decision.

5.             A statement of all disputed issues of material fact. If there are none, the petition must so indicate.

6.             A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD’s proposed action.

7.             A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD’s proposed action.

8.             If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes.

9.             A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD’s proposed action.

A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. 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 the District takes action with substantially different impacts on water resources from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28-106.111, Florida Administrative Code, unless otherwise provided by law.

Mediation – The procedures for pursuing mediation are set forth in Section 120.573, Florida Statutes, and Rules 28-106.111 and 28-106.401-.405, Florida Administrative Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Florida Statutes, at this time.

Right to Seek Judicial Review – Pursuant to Sections 120.60(3) and 120.68, Florida Statutes, a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD’s final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action.