WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management DistrictRULE NO.: RULE TITLE:
40D-1.603: Permit Application ProceduresNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38 No. 54, October 19, 2012 issue of the Florida Administrative Register.
40D-1.603 Permit Application Procedures
(1)-(4) No change.
(5) Each notice of application receipt shall further advise that if notice of intended agency action or opportunity to request an administrative hearing pursuant to Chapter 120, F.S., regarding a permit application is desired, a written or electronic mail request referencing the permit application number must be filed with and received by the District.
(6) Publication or posting of the notice of application pursuant to subsection (2) shall constitute constructive notice of the permit application to all substantially affected persons. Notices of intended agency action will be issued only to applicants and persons who have filed such requests for notification in writing or by electronic mail that specifically reference the relevant permit application number.
(7)-(8) No change.
(9) In addition to, and concurrent with the noticing required pursuant to subsection (2), when the applicant is an entity with the power of eminent domain that does not have current ownership or control of the entire project area described in the application, the applicant shall provide the property owner(s) identified in the application:
(a) No change.
(b) With a written notice of the intended agency action on the application. The owners of property, not owned by the applicant, identified in the application shall be those identified in the County Property Appraiser’s records within 30 days prior to the filing of the application.
(10) No change.
(11) Published notices of receipt of an application for a surface water management permit or Environmental Resource Permit shall contain information and be in a format substantially as follows:
Notice is hereby given that the Southwest Florida Water Management District has received [surface water or Environmental Resource] permit application number [application number] from [name and address of applicant]. Application received: [date]. Proposed activity: [specify commercial, industrial, residential or other development]. Project name: [name or description of project]. Project size: [specify acres] Location: Section(s) [specify] Township [specify] East, Range [specify] South, in [specify] County. Outstanding Florida Water: [yes or no]. Aquatic preserve: [yes or no]. The application is available for public inspection Monday through Friday at [specify District office and address]. Interested persons may inspect a copy of the application and submit written comments concerning the application. Comments must include the permit application number and be received within 14 days from the date of this notice. If you wish to be notified of intended agency action or an opportunity to request an administrative hearing regarding the application, you must send a written request referencing the permit application number to the Southwest Florida Water Management District, Regulation Performance Management Department, 2379 Broad Street, Brooksville, FL 34604-6899 or submit your request through the District’s website at www.watermatters.org. The District does not discriminate based on disability. Anyone requiring accommodation under the ADA should contact the Regulation Performance Management Department at (352)796-7211 or 1(800)423-1476, TDD only 1(800)231-6103.
(12) Published notices of receipt of an application for a water use permit shall contain information and be in a format substantially as follows:
Notice is hereby given that the Southwest Florida Water Management District has received an application for a water use permit to withdraw water from wells and/or surface waters from [applicant name and address]. Application number: [insert application number]. Application received: [date]. Predominant use type(s): [specify public supply, recreation/aesthetic, commercial, agricultural, mining/dewatering]. Total requested withdrawal average daily gallons per day: [specify]. Peak month average gallons per day: [specify]. Maximum daily gallons per day: [specify]. From [number of] [wells or other withdrawal points]. Location: Section(s) [specify] Township [specify] East, Range [specify] South, in [specify] County. The application is available for public inspection Monday through Friday at [specify District service office and address]. Interested persons may inspect a copy of the application and submit written comments concerning the application. Comments must include the permit application number and be received within 14 days from the date of this notice. If you wish to be notified of intended agency action or an opportunity to request an administrative hearing regarding the application, you must send a written request referencing the permit application number to the Southwest Florida Water Management District, Regulation Performance Management Department, 2379 Broad Street, Brooksville, FL 34604-6899 or submit your request through the District’s website at www.watermatters.org. The District does not discriminate based on disability. Anyone requiring accommodation under the ADA should contact the Regulation Performance Management Department at (352)796-7211 or 1(800)423-1476: TDD only 1(800)231-6103.
