NOTICE OF FINAL AGENCY ACTION BY THE SOUTHWEST FLORIDA
WATER MANAGEMENT DISTRICT
Notice is given that the District’s Final Agency Action is approval of the application for an Environmental Resource Permit modification of a constructed stormwater management system serving a 2.5-mile road widening project along State Road (SR) 50/Cortez Boulevard from west of Buck Hope Road to west of Jefferson Street. The project is located in Hernando County, Sections 26, 27, 28, and 29 of Township 22 South, Range 19 East. The permit applicant is the Florida Department of Transportation, District 7 whose address is 11201 North McKinley Drive, Tampa, Florida 33612. The permit number is 43015469.008. The files pertaining to the project are available for inspection Monday through Friday except for legal holidays, 8:00 am to 5:00 pm at the Southwest Florida Water Management District, 7601 Highway 301 North, Tampa, Florida 33637 or through the “Environmental Resource Permit” function on the District’s website at www.watermatters.org/permits/.
NOTICE OF RIGHTS
You or any person whose substantial interests are or may be affected by the District’s intended or proposed action may request an administrative hearing on that action by filing a written petition in accordance with Sections 120.569 and 120.57, Florida Statutes (F.S.), Uniform Rules of Procedure Chapter 28-106, Florida Administrative Code (F.A.C.) and District Rule 40D-1.1010, F.A.C. Unless otherwise provided by law, a petition for administrative hearing must be filed with (received by) the District within 21 days of receipt of written notice of agency action. “Written notice” means either actual written notice, or newspaper publication of notice, that the District has taken or intends to take agency action. “Receipt of written notice” is deemed to be the fifth day after the date on which actual notice is deposited in the United States mail, if notice is mailed to you, or the date that actual notice is issued, if sent to you by electronic mail or delivered to you, or the date that notice is published in a newspaper, for those persons to whom the District does not provide actual notice. Pursuant to Subsection 373.427(2)(c), F.S., for notices of intended or proposed agency action on a consolidated application for an environmental resource permit and use of state-owned submerged lands concurrently reviewed by the District, a petition for administrative hearing must be filed with (received by) the District within 14 days of receipt of written notice. Pursuant to Rule 62-532.430, F.A.C., for notices of intent to deny a well construction permit, a petition for administrative hearing must be filed with (received by) the District within 30 days of receipt of written notice of intent to deny. Any person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days of receipt or other period as required by law waives the right to request a hearing on such matters. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding District intended or proposed action is not available prior to the filing of a petition for hearing. A request or petition for administrative hearing must comply with the requirements set forth in Chapter 28-106, F.A.C. A request or petition for a hearing must: (1) explain how the substantial interests of each person requesting the hearing will be affected by the District’s intended action or proposed action, (2) state all material facts disputed by the person requesting the hearing or state that there are no material facts in dispute, and (3) otherwise comply with Rules 28-106.201 and 28-106.301, F.A.C. Chapter 28-106, F.A.C. can be viewed at www.flrules.org or at the District’s website at www.WaterMatters.org/permits/rules.
A petition for administrative hearing is deemed filed upon receipt of the complete petition by the District Agency Clerk at the District’s Tampa Service Office during normal business hours, which are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding District holidays. Filings with the District Agency Clerk may be made by mail, hand-delivery or facsimile transfer (fax). The District does not accept petitions for administrative hearing by electronic mail. Mailed filings must be addressed to, and hand-delivered filings must be delivered to, the Agency Clerk, Southwest Florida Water Management District, 7601 Highway 301 North,Tampa,FL 33637-6759. Faxed filings must be transmitted to the District Agency Clerk at (813) 367-9776. Any petition not received during normal business hours shall be filed as of 8:00 a.m. on the next business day. The District’s acceptance of faxed petitions for filing is subject to certain conditions set forth in the District’s Statement of Agency Organization and Operation, available for viewing at www.WaterMatters.org/about.