STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF INTENT TO ISSUE

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    STATE OF FLORIDA
    DEPARTMENT OF ENVIRONMENTAL
    PROTECTION
    NOTICE OF INTENT TO ISSUE

    The Department of Environmental Protection (Department), gives notice of its intent to issue an Environmental Resource Permit (ERP No. MMR_231362-007) to Florida Rock Industries, Inc., Post Office Box 4667, Jacksonville, FL, 32201. The ERP is for a permit/water quality certification for a stormwater management system for a 3,531.53-acre limestone mine. The mine is located on the north side of US Highway 98, approximately six miles north of Brooksville, in Sections 15 through 22, and Section 27 through 29, Township 21 South, Range 19 East, Hernando County. The mine is located in the West Caloosahatchee drainage basin of the Caloosahatchee River watershed, and also the Withlacoochee River and Upper Coastal Drainage watersheds.

    The Department will issue the environmental resource permit, unless a timely petition for an administrative proceeding is filed pursuant to the provisions of Sections 120.569 and 120.57, Florida Statutes (F.S.). On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application.

    The permit file is available online and can be accessed through the Department’s Information Portal at:

    https://depedms.dep.state.fl.us:443/Oculus/servlet/shell?command=getEntity&[guid=26.106492.1]&[profile=Permitting_Authorization]

    If you have any questions or are experiencing difficulty viewing the electronic permit, please email to [email protected] or call 850.245.8634.

    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, F.S. Pursuant to Rule 28-106.201, F.A.C., a petition for an administrative hearing must contain the following information:

    a) the name and address of each agency affected 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, including an explanation of how the alleged facts relate to the specific rules or statutes; 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.

    The petition 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, or via the agency clerk email address at, [email protected] Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.

    In accordance with Rule 62-110.106(3), F.A.C., 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), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., 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 failure to file a petition 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, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.

    Under Rule 62-110.106(4), F.A.C., 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 for filing a petition for an administrative hearing. 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.

    Mediation is not available in this proceeding.

    Any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, 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 this action is filed with the Clerk of the Department.

    The files associated with this order are available upon request. Please address your request to
    [email protected] and include the file number in your request.

    Published: January 6, 2023
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