06-000929EPP In Re: Seminole Electric Cooperative Seminole Generating Station Unit 3 Power Plant Siting Application Number Pa 78-10a2 vs. * Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Friday, February 23, 2007.

Summary: The site for expansion of Seminole Electric Power Plant was consistent and in compliance with the Putnam County land use plan and zoning.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: SEMINOLE ELECTRIC )

COOPERATIVE SEMINOLE GENERATING )

STATION UNIT 3 POWER PLANT ) Case No. 06 - 0929EPP

SITING APPLICATION NUMBER PA )

78 - 10A2 )

)

RECOMME NDED ORDER

ON LAND USE AND ZONING

Pursuant to notice, the Division of Administrative Hearings

(DOAH), by its designated Administrative Law Judge, J. Lawrence

Johnston, held a land use hearing in the above - styled case on

June 1, 2006, in Palatka, Florida .

APPEARANCES

For Seminole Electric Cooperative, Inc.:

Douglas S. Roberts, Esquire

James S. Alves, Esquire

Hopping Green & Sams, P.A.

Post Office Box 6526

Tallahassee , Florida 32314 - 6526

For the Department of Environmental Protect ion:

Scott A. Goorland, Esquire

Department of Environmental Protection

Office of General Counsel

3900 Commonwealth Boulevard

Mail Station 35

Tallahassee, F lorida 32399 - 3000

For Putnam County:

Russell D. Castleberry, Esquire

Post Office Box 758

Palatka , F lorida 32178 - 0758

For Sierra Club , Inc. :

Timothy Keyser, Esquire

Keyser & Woodward, P.A.

Post Office Box 92

Interlachen, F lorida 32148 - 0092

STATEMENT OF THE ISSUE

The issue to be resolved in t his portion of this power

plant site certification proceeding is whether the site for the

proposed Seminole Generating Station Unit 3 Project is

consistent and in compliance with the applicable land use plans

and zoning ordinances of Putnam County, Florida , pursuant to

Section 403.508(2), Florida Statutes. 1

PRELIMINARY STATEMENT

This proceeding was conducted pursuant to the Florida

Electrical Power Plant Siting Act (PPSA), Chapter 403, Part II,

Florida Statutes , and Florida Administrative Code Rule Chapter 2

62 - 17, to consider the land use and zoning aspects of Seminole

Electric Cooperative, Inc.’s (SECI’s) application for power

plant site certification of the Seminole Generating Station Unit

3 Project , which was filed with the Department of Environmental

Pr otection (DEP) o n March 9 , 2006 . By agreement among the

parties, th e land use hearing, held pursuant to Section

403.508(2), Florida Statutes, was scheduled to be held in

Palatka, Florida, on June 1, 2006 , and public notice was given

by the Applicant and b y DEP.

On May 16, 2006, SECI and Putnam County filed a Stipulation

addressing land use and zoning is sues. In the Stipulation,

Putnam County a cknowledge d that its adoption of Ordinance 2006 -

02, which amended the Planned Unit Development (PUD) for the

si te and approved the Development Agreement referenced in the

Ordinance, confirm ed that the Seminole Generating Station site,

including the proposed Unit 3 and the associated facilities (the

Site) , is consistent and in compliance with the County’s land

use p lans and zoning ordinances as re quired under Section

403.508 (2), Florida Statutes.

A Pre - hearing Stipulation among the parties was filed with

DOAH on May 24, 2006. The Stipulation was signed by ten of the

14 agenc ies and other parties. The Stipulatio n indicated that

no agency party contested the Project site’s consistency and

compliance with local land use plans and zoning ordinances.

Sierra Club, Inc., took the position that the existing water

intake pump house , with larger capacity pump inside, and a new

underground water pipeline and electrical duct bank proposed to

be added within an existing pipeline easement , constitute

“industrial” facilities that are not consistent with the

County’s current land use plan.

Only the Applicant, DEP, and Sierra Club appeared and

participated in the land use hearing on June 1, 2006 . Only the

Applicant presented witnesses or offered exhibits. The

Applicant’s witnesses included: Bobby Payne, Manager for

Projects and Administrative Services for SECI, who described the

Project and its proposed site and presented SECI E xhibits 5, 6A,

7B, 8A , 8B , and 19 ; and Richard Zwolak, who was accepted as an

expert in l and u se p lanning and z oning presented SECI E xhibits

18, 7A, 10A, 10 B, 10 C, 11, 12A, 12B, 13A, 13B , and 15 . SECI

also offered additional SECI E xhibits 1, 2, 16 and 17. All of

the exhibits were admitted into evidence.

After the taking of evi dence, Sierra Club requested 15 days

from the filing of the Transcript to file proposed recommended

orders , and the request was granted without objection . The

T ranscript (in two volumes) was filed with DOAH on July 11 ,

2006. Timely proposed r ecommended o rder s submitted by SECI and

Sierra Club have been considered in the preparation of this

Recommended Order on Land Use and Zo ning .

FINDINGS OF FACT

1. SECI is a member - owned generation and transmission

electric cooperative. SECI supplies power to ten electric

cooperative member s throughout Florida. These cooperatives

primarily serve rural areas of the State. SECI's members

c urrently serve approximately 1.6 million cus tomers throughout

the State. SECI's headquarters are in Tampa, Florida.

2. SECI first came into existence in 1948 under the

Federal Rural Electrification Act to provide electric power to

rural areas. Initial ly, SECI purchased power from other

utilities for its individual members. In the 1970s, in response

to the oil embargo, SECI's member cooperatives determined it was

in their best interest to build their own power supply. SECI

then licensed, constructed , and commenced operation of the coal -

fired power plant near Palatka , in Putnam County. SECI also has

a power plant in Hardee County, Florida. These two power plants

allow SECI to provide approxim ately 70 percent of the power for

the member cooperatives, w hile purchasing 30 percent of the

power needs of the member cooperatives fro m other utilities.

3. The Site is located in the unincorporated area of the

county . It is approximately five miles north of the city of

Palatka. The St. Johns River is located to the south and to the

east of the power plant site.

4. The Site is a 1 , 300 megawatt facility located on a site

comprised of two parcels of land totalling approximately 2 , 000

acre s in size. The larger parcel of the site , which contains

the existing c oal - fired Units 1 and 2 and almost all related

facilities, began operation in 1984. Other existing facilities

on the larger parcel includ e : two boiler buildings and the

turbine generator buildings ; precipitator s , scrubber module s ,

and a combined flue sta ck ; two natural draft cooling towers; a

coal yard for unloading and storage of coal; a n A - frame storage

building for limesto ne used in the scrubber process ; a rail spur

and rail loop used to bring coal into the Plant site ; and a coal

conveyor to bring the coal from the coal yard to the boilers .

The new Unit 3 will be constructed on this larger parcel.

5. The balance of the larger parcel of the S ite is in pine

flat woods. North and northwest of the power plant is the

Lafarge wallboard facility, where co mbustion by - products from

the existing units are converted into synthetic gypsum for the

manufacture of wallboard.

6. The S ite also includes a smal ler parcel of

approximately 4.5 acres located approximately 1,000 feet to the

south along the St. Johns Ri ver. An intake pump house is

located on this parcel to pump water from the r iver for use by

the existing units. Currently, there are four underground pipes

(one of which is not in use) and a n underground duct bank with

electrical conduit. The undergrou n d pipes and duct bank

continue from the smaller parcel to the larger parcel through an

existing privately - granted easement .

7. The Site and the existing two steam electric generating

units, Units 1 and 2, were certified in proceedings under the

PPSA tha t took place in 1978 and 1979. In 1978, when the Site

initial ly was being developed and certified under the PPSA,

Putnam County was in the process of developing its Comprehensive

Plan and its Future Land Use Map (FLUM) . However, the County

had zoning reg ulations in place, and it and rezoned the larger

and smaller parcels as a PUD for the purpose of an electrical

generating facility.

8 . During the 1978 land use hearing , which also addressed

the pipeline easement which provides access to the St. Johns

Ri ver, the Hearing Officer concluded that the S ite was

consistent and in compliance with the land use plans and zoning

regulations in effect at that time. The Siting Board

subsequently adopted the Hearing Officer’s conclusions regarding

land use and zoning issues. In its Order Relating to Land Use

and Zoning, entered on March 21, 1979, the Siting Board

determined that the S ite, including the intake pump house and

pipeline easement, was consistent and in compliance with the

land use plans and zoning ordinanc es of Putnam County. In the

Order Relating to Land Use and Zoning, the Siting Board also

ordered the “responsible zoning and planning authorities . . .

to refrain from hereafter changing such land use plans or zoning

ordinances so as to affect the propose d si te.” IN RE: Seminole

Electric Cooperative, Inc., Application for Power Plant Site

Certification, Putnam County , DOAH Case No. 78 - 1388, 1979 Fla.

ENV LEXIS 10 (Siting Board Mar. 21, 1979.

9 . Sierra Club was a party to the original site

certification proceeding and is bound by its determinations on

consistency with land use and zoning .

10 . SECI is proposing to construct a new Unit 3 at the

S ite designed fo r a capacity of 750 megawatts . The new unit and

related facilities are much like the existing facilities and

will utilize many of the existing onsite facilities. Like the

two existing units , t he new Unit 3 will burn coal as its primary

fuel with up to 30 percent petroleum coke. The new unit will

consist of a turbine generat or building, a new boi ler building,

precipitators, scrubber modules , and a wet electrostatic

precipitator. A single flue gas stack will serve the new unit.

A new mechanical draft cooling tower will also be constructed on

the site to serve the new Unit 3 . The new cooling towe r will

have a lower profile than the existing natural draft cooling

towers. The existing coal yard will be expanded for the new

unit and additional facilities will be added in the limestone

scrubber area to handle the additional gypsum that will be

create d. Construction for the new Unit 3 is planned to begin in

late 2008. As planned, the new unit is expected to start up in

May 2012.

11 . SECI's Unit 3 project will integrate the new unit into

the existing plant facilities. The existing administration

b uilding and parking lot will support the new unit. SECI will

continue to use the existing rail spur, including for the

delivery of coal and construction materials. The existing

switchyard and transmission area will be utilized for the new

unit. There wi ll be no new off - site electrical transmission

lines for the Unit 3 Project . The existing plant access off

Highway 17 will be improved to enhance access for turning

vehicles into th e site .

12 . As indicated, t he existing units are supplied with

cooling a nd other service water from the St. Johns R iver. SECI

proposes to utilize the existing pump house and to install an

additional water pipeline and duct bank within the easement to

supply primarily cooling water and also other service water

(primarily for b ottom ash handling and for the scrubber system )

to the proposed Unit 3. There will be some enhancements to the

pumps and motors inside the pump house to increase the capacity

of water withdrawals. Otherwise, t here will be no changes to

the existing pump house for the new Unit 3 project .

13 . The cooling and other service water for Unit 3 will be

conveyed to the main power plant site by an additional 36 - inch

pipeline to be placed underground and within the e xisting

private easement . As indicated, t he ex isting easement was

created in 1978 and the existing pipelines were installed as

part of the development of Units 1 and 2. A second duct bank

will also be placed in the existing easement. There will be no

facilities constructed above the ground surface w ithin that

easement. The easement will be restored to its existing

condition after the new water pipeline is installed.

14. The existing land uses adjacent to the Site are

primarily undeveloped land. Residential areas along the St.

Johns River are the closest development to the S ite, with the

exception of the Lafarge gypsum plant located adjacent to the

larger parcel of the Site . The closest communities are

Bridgeport , which is located approximately 3.5 miles to the

east , and Bostwick, which is locate d 2 .5 miles to the north.

15. The pattern of development in the area since the

existing Units 1 and 2 began operation in 1984 has been single

family residential development located along the river and the

construction of the Lafarge wallboard plant . Wi th the exception

of the wallboard plant, t he areas between that residential

corridor and the Site , as well as in all four directions around

the site, continue to be undeveloped land.

16. There are two e xisting homes located near the S ite.

One home is l ocated approximately one mile south of the proposed

Unit 3 stack, and another home is approximately one mile west of

the Plant site . There is existing power plant infrastructure

between the Unit 3 site and those two nearest residences,

including the large natural draft cooling towers, wastewater

treatment equipment, and other associated facilities.

17. The addition of the proposed Unit 3 would be

compatible with the existing land uses at and near the S ite.

The new Unit 3 will have very similar operatin g characteristics

to the existing units , but will use additional air emissions

controls . The residential development along the St. Johns River

has continued while Units 1 and 2 have operated. The new Unit 3

will be able to co - exist with existing land use s in that the new

Unit 3 is not expected to have a significant adverse impact to

nearby residential development.

18 . When its Comprehensive Plan with FLUM was adopted

(after the Siting Board’s March 1979 Order Relating to Land Use

and Zoning ), t he Count y designated the larger parcel in the

Industrial Future Land Use category to recognize the existing

Units 1 and 2 at the site. Electrical power plants are an

allowed use in the Industrial future land use category.

19 . A pproximately two - thirds of t he sm aller parcel of the

site front ing on the St. Johns River wa s designated Agricultural

II and approximately one - third ( the part contiguous to the

river) was designated Rural Residential under the County’s

Comprehensive Plan and FLUM . The existing pump house is located

on the Rural Re sidential part of the parcel. The u nderground

water pipe s and electrical duct bank lead from the pump house

towards the larger parcel of the S ite, which is designated

Industrial . The existing pump house and underground water pi pe s

and electrical duct bank are allowed use s in both the

Agricultural II and in the Rural Residential future land use

districts, as a Type 2 Community Facility.

20 . The underground water pipe s a nd electrical duct bank

proceed from the smaller parcel to th e larger parcel of the S ite

through a privately - granted easement across property designated

Agricultur al II on the County’s FLUM . The County’s

C omprehensive P lan does not prohibit such facilities in that

land use designation. The lands in the pipeline easement are

zoned Agricultural. Such facilities also are not precluded in

that zoning district.

21 . The installation of the existing underground water

p ipe s and electrical duct bank within the easement was approved

by Putnam County a t the time of the original site certification

proceeding for the Site . In October 1978, the Putnam County

Code Administrator stated that the County’s zoning for the lands

covered by the easement to the St. Johns River did not preclude

the use of the easement for the pipel ine installation.

22 . On January 10, 2006, the Putnam County Commission

adopted Ordinance 2006 - 02, which amended the original PUD zoning

approval for the S ite. The amended PUD zoning ordinance covers

both parcels of the S ite. This amended PUD zoning o rdinance

allows the placement of Unit 3 and its related facilities within

both parcels of the S ite. The PUD zoning ordinance incorporates

a Development Agreement between Putnam County and SECI , which

addresses the Unit 3 facilities proposed to be construc ted by

SECI .

23 . As part of the PUD zoning amendments, the Putnam

County Board of County Commission ers reviewed SECI's Unit 3

Project for consistency with the County’s Comprehensive Plan.

The Commission found the Project to be consistent with the

Count y’s Comprehensive Plan. More specifically, Ordinance No.

2006 - 02 found that SECI’s proposed amendment to the PUD zoning

was “consistent with the Comprehensive Plan,” would “not

adversely affect . . . orderly development, ” met “ the

requirements of the Land Development Code, ” and “will not be

placed in agricultural lands.” (SECI Exs. 12B, 13A , and 13B)

24 . The Development Agreement incorporated into Ordinance

No. 2006 - 02 acknowledges that the existing pipeline easement “is

not a part of the PUD. ” The Deve lopment Agreement clearly

differentiated between underground pipelines and other aspects

of the Unit 3 Project:

The existing pipeline easement, which is not

a part of the PUD, runs across property

zoned for agricultural uses and falling

[sic] within the Ag ricultural II future land

use category. Neither the County

Comprehensive Plan nor the Land Development

Code precludes the repair, replacement or

addition of underground water pipes

necessary to plant operations. The

underground pipes, and the pipeline

ea sement, were part of the original

certification and any modifications required

to accommodate Unit 3 will be reviewed as

part of the site certification process.

Subject to site certification under the

PPSA, Unit 3 will be constructed primarily

east of, bu t integrated with, existing Units

1 and 2 such that any new development

activity will fall within that portion of

Parcel 1 designated under the Industrial

future land use category. But for the

existing pump house, Parcel 2, which is part

of the PUD, will remain undeveloped. Pumps

within the existing pump house will be

replaced or upgraded and existing

underground water pipes may be replaced or

upgraded, and new underground pipes may be

added, but no new uses or structures are

intended for Parcel 2. The p ipeline

easement – which is not part of the PUD –

will remain undeveloped although pipes may

be repaired, replaced (or additional pipes

installed) underground between Parcels 1 and

2.

Although no new uses or above - ground

structures are anticipated on Parc el 2 or

the pipeline easement, both are considered

to be part of the electrical power plant to

be certified under the PPSA and will be

reviewed along with Parcel 1 throughout the

State site certification process to which

the COUNTY shall be a party.

(SECI Ex. 13B , pp. 5 - 6 )

25 . Sierra Club participated in the Putnam County January

2006 zoning hearing on the amended PUD zoning for the S ite. The

Sierra Club did not object to the adoption of the amended PUD

zoning ordinance at that hearing. No party has app ealed the

Putnam County Commission’s amended PUD zoning ordinance for

SECI's Unit 3 Project. S ierra Club is now bound by the

determinations of land use and zoning consistency in these prior

proceedings , as well as in the original site certification

procee ding.

26 . Putnam County entered into a Stipulation with SECI

which addresses land use and zoning issues. In the Stipulation,

Putnam County acknowledged that the adoption of Putnam County

Ordinance 2006 - 02, which amended the PUD zoning for the Site,

and the approval of the Development Agreement referenced in that

Ordinance by the Putnam County Board of County Commissioners,

both confirm that the S ite, including the proposed Unit 3 and

the associated facilities, are consistent and in compliance with

appli cable land use plans and zoning ordinances as requir ed

under Section 403.508 (2), Florida Statutes.

27 . Despite its participation in both the 1979 site

certification proceeding and the 2006 re - zoning process, Sierra

Club nonetheless takes the position i n this case that the pump

house and cooling water pipeline are “industrial” facilities

which are not consistent with the future land use designations

for the lands occupied by those facilities.

28 . Putnam County has adopted a definition of

“development” that provides in pertinent part:

T he following operations or uses shall not

be taken for the purposes of this act [the

County’s land development code] to involve

‘development’:

(b) Work by any utility and other

persons engaged in the

distribution or t ransmission of

gas or water, for the purpose of

inspecting, repairing, redoing, or

constructing on established

rights - of - way any sewers, mains,

pipes, tables, utility tunnels,

power lines, tow ers, poles, tracks

or the like.

Putnam County’s Land Developm ent Code, Article 12, Section

12.01.01.a.2. This definition of “development” also applies to

actions “seeking legislative action to amend this Code and the

Comprehensive Plan” of Putnam County. Id. The County’s

definition of “development” therefore excl udes the additional

cooling water pipeline and duct bank within the established

easement containing similar pipelines and duct bank between the

principal power plant site and the riverside pump house. No

Comprehensive Plan amendments or other zoning appro vals would be

required for those pipelines and duct banks as they are not

“development” subject to the plan or the local land development

code.

29 . Underground pipelines and electrical duct banks such

as those proposed for SECI's Unit 3 project are not typically

regulated as a land use. All developed areas have water and

sewer pipelines that radiate through different zoning districts

and that serve the users that subscribe to such water and sewer

service. The practical effect of regulating such facilit ies as

“ development ” c ould result in a spider web of land use and

zoning classifications running wherever those facilities are

placed .

30 . Even i f it were to be concluded that the underground

water pipes and electrical duct bank s were "development" subj ect

to Putnam County’s Comprehensive Plan, SECI's expert land

planner testified without contradiction that they would be

considered a T ype 2 community facility as defined in the

Comprehensive Plan: " Type 2 [C ommunity F acilities and Services]

are light inf rastructure facilities , including but not limited

to, water wells, water tanks, sewage pump stations, electrical

substations, and water and wastewater treatment plants with a

capacity of less than 500,000 gallons per day . " Type 2

community f acilities are allowed in all eleven of Putnam

County’ s Future Land Use categories.

31 . As indicated, the smaller parcel of the S ite is zoned

as a PUD that allows the activities proposed. The easement for

the underground water pipes and electrical duct banks is zoned

for Agriculture zoning . As indicated, use of the easement for

the underground facilities has been approved by the County since

1978.

32 . U nrebutted testimony demonstrated that there will be

no physical changes to the pump house itself , but only

replac ement of the pump inside with a larger one with more

capacity, and that the additional underground wate r pipe and

duct bank will not be visible , as the land will be restored to

current conditions. Sierra Club offered no evidence

contradicting Putnam Count y ’s interpretation of its own

Comprehensive Plan land development regulation s ; offered no

evidence as to how the community c ould be adversely affected by

the continued use of the pump house, with larger pump, a nd the

addition of underground water pipes and duct bank in the

existing pipeline easement ; and offered no evidence that these

facilities for the pumping and conveyance of river water to the

plant site constitute “industrial” uses under the land use plans

and zoning regulations of Putnam County.

CO NCLUSIONS OF LAW

3 3 . This proceeding was conducted in accordance with

Section 403.508(2), Florida Statutes. See also § 403.5065, Fla.

Stat. The Division of Administrative Hearings, therefore, has

jurisdiction of the parties to and the subject matter of this

proceeding.

34 . In accordance with Chapter 403, Part II, Florida

Statutes, and Rule Chapter 62 - 17, proper p ublic notice was

accorded all persons, entities, and parties entitled to such

notice. All necessary and required governmental agencies, as

we ll as members of the public, either participated in or had the

opportunity to participate in the land use hearing.

35 . The applicable land use plans and zoning ordinances

for SECI's Unit 3 Project and the Site are those adopted by

Putnam County. For pur poses of the land use hearing, under

Section 403.508(2), Florida Statutes, the applicable “land use

plan” is the Future Land Use Element of the Putnam County

Comprehensive Plan and the accompanying FLUM . The applicable

zoning ordinance for the Project and the Site is contained in

the Putnam County Land Development Code. The site - specific

amended PUD zoning ordinance for the Site, dated January 10,

2006, also constitutes a zoning regulation of Putnam County that

is directly applicable to the Project and th e S ite.

36 . The Siting Board has previously determined that the

Site for the Unit 3 Project is consistent and in compliance with

the land use plans and zoning ordinances of Putnam County. This

conclusion was reached in the Siting Board’s March 21 , 1979

Order Relating to L and U se and Z oning.

37 . In accordance with Section 403.508(2), Florida

Statutes (1977), the Siting Board’s Order Relating to Land Use

and Zoning directed that the “responsible zoning and planning

officials are ordered to refrain from he reafter changing such

land use plans and zoning ordinances so as to affect the

proposed site.” As found, Putnam County has not taken any

subsequent land use or zoning actions which affect the continued

use of the S ite for electrical generating facilities.

38 . Subsequent to the Siting Board’s Final Order Relating

to Land Use and Zoning, Putnam County adopted a Comprehensive

Plan that conforms to the Siting Board’s initial findings and

conclusions on land use and zoning consistency and compliance

for the S ite. On its FLUM , Putnam County has assigned future

land use categories to all of the properties occupied by SECI's

facilities, including the electrical generating Units 1 and 2,

the pump house and the pipeline easement, that are consistent

with the Siti ng Board’s Order Relating to Land Use and Zoning

and do not affect the use of th o se properties for such use s .

39 . In January 2006, the Putnam County Board of County

Commissioners a mended its existing PUD zoning ordinance for the

S ite to recognize the prop osed Unit 3 project, including the

proposed cooling water pipeline and duct bank . This action does

not affect the site in a manner contrary to the Siting Board’s

Order Relating to Land Use and Zoning of March 21, 1979 .

40 . Putnam County’s Land Developmen t Code’s definition of

“development” exempts from that definition “work by any utility

and other persons engaged in the distribution or transmission of

gas or water for the purpose of inspecting, repairing, renewing

or constructing on established rights - of - way any sewers, mains,

pipes, cables, utility tunnels, power lines, towers, poles,

tracks or the like.” That definition applies to both the

Comprehensive Plan and the County’s Land Development Code.

Since the installation of the pipeline is not consider ed

“development,” it is not subject to the County’s Comprehensive

Plan or to the County’s Land Development Code, which includes

the County’s zoning regulations.

41 . The County’s a mended PUD zoning for the site also

addresses the installation of the pipe line and duct bank within

that portion of the S ite. No evidence was offered that the

pipeline within the larger parcel of the site would be located

in the areas designated or zoned for a gricultur al uses. The

installation of the pipeline and duct bank in area s designated

and zoned for a gricultural uses would not be “ development ”

subject to regulation under the County’s Comprehensive Plan and

Land Development Code since the additional pipeline and duct

bank would be within an established utility right - of - wa y .

42 . Even if the pipeline and duct bank were concluded to

be “ development ” subject to the County’s C omprehensive P lan and

Land Development Code, it would be a Type 2 community facility

under the Comprehensive Plan which is allowed in all future land

u se categories in Putnam County , including lands designated for

agricultural uses.

43 . Competent substantial evidence received at the hearing

demonstrates that the Site and the Unit 3 Project , including the

pump house and additional underground water pip e and electrical

duct bank , are consistent and in compliance with Putnam County’s

land use plans and are consistent and in compliance with

applicable Putnam County zoning ordinances for the s ite,

including the amended PUD zoning ordinance for the site.

RE COMMENDATION

Based upon the foregoing Findings of Fact and Conclusions

of Law, it is

RECOMME NDED that the Siting Board find, pursuant to Section

403.508(2), Florida Statutes , that the site for SECI ’s Unit 3

and its related facilities , to be located in Pu tnam County

Florida, as described by the evidence presented at the hearing,

are consistent and in compliance with existing land use plans

and zoning ordinances and site - specific zoning approvals of

Putnam County.

DONE AND ENTERED this 31st day of August, 2 006, in

Tallahassee, Leon County, Florida.

S

J. LAWRENCE JOHNSTON

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675 SUNCOM 278 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 31st day of August , 2006 .

ENDNOTES

1/ Except where otherwise indicated, statute references are to

the 2005 codificatio n of the Florida Statutes.

2/ All rule references are to the current codification of the

Florida Administrative Code.

COPIES FURNISHED :

Lea Crandall, Agency Clerk

Department of Environmental Protection

The Douglas Building, M ail Station 35

3900 Commonwealth Boulevard

Tallahassee, Florida 32399 - 3000

Scott A. Goorland, Esq uire

Senior Assistant General Counsel

Department of Environmental Protection

3900 Commonwealth B oulevard, Mail Station 35

Tallahassee, F lorida 32399 - 3000

James V. Antista, Esq uire

Fish and Wildlife Conservation Commission

620 South Meridian Street

Tallahassee, F lorida 32399 - 1600

Kelly A. Martinson, Esq uire

Department of Community Affairs

2555 Shumard Oak Boulevard

Tallahassee, F lorida 32399 - 2100

Sheauc hing Yu, Esquire

Department of Transportation

Haydon Burns Building

605 Suwannee Street, M ail Station 58

Tallahassee, F lorida 32399 - 0450

Martha Carter Brown, Esq uire

Florida Public Service Commission

Gerald Gunter Building

2540 Shumard Oak B oulevard

Tall ahassee, F lorida 32399 - 0850

Gordon B. Johnston, Esq uire

County Attorney

601 Southeast 25 th Avenue

Ocala, F lorida 34471 - 2690

Mark Scruby, Esq uire

Clay County Attorney

Post Office Box 1366

Green Cove Springs, F lorida 32043 - 1366

Vance W. Kidder, Esquire

St. Johns River Water Management District

4049 Reid Street

Palatka, F lorida 32177 - 2529

Charles Justice

North Central Florida Regional

Planning Council

2009 Northwest 67 th Place, Suite A

Gainesville, F lorida 32653 - 1603

Hamilton S. Oven, P.E.

Office o f Siting Coordination

Department of Environmental Protection

2600 Blair Stone Road

Tallahassee, F lorida 32399 - 3000

Russell D. Castleberry, Esq uire

Post Office Box 758

Palatka, F lorida 32178 - 0758

Patrick Gilligan , Esquire

Attorney for City of Ocala

1531 S outheast 36 th Avenue

Ocala, F lorida 34471 - 4936

Wayne Smith

Union County Board of County

Comm ission

15 Northeast First Street

Lake Butler, F lorida 32054 - 2145

Ronald Williams

Columbia County Board of County

Comm ission

Post Office Drawer 1529

L a k e City, F lorida 32058 - 1529

Timothy Keyser, Esq uire

Keyser & Woodward, P.A.

Post Office Box 62

Interlachen, F lorida 32148 - 0092

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the Final Order in this case.