40C-4.302: Additional Conditions for Issuance of Permits
NOTICE OF INTENT TO GRANT A VARIANCE
The St. Johns River Water Management District (District) intends to grant a variance from paragraph 40C-4.302(1)(c), Florida Administrative Code (F.A.C.), and the associated portions of the Applicants Handbook: Management and Storage of Surface Waters (May 13, 2008), including Sections 10.1.1(c), 12.1.1(d), and 12.2.5(c), to Honda R. & D. Americas, Inc., for the repair and reconfiguration of a boat ramp. The project is located in Section 3, Township 30 South, Range 38 East, Brevard County, Florida. paragraph 40C-4.302(1)(c), F.A.C., and the associated portions of the Applicants Handbook: Management and Storage of Surface Waters (May 13, 2008), including Sections 10.1.1(c), 12.1.1(d), and 12.2.5(c), are designed to protect Class II or Class III waters which are classified as approved, restricted, conditionally approved or conditionally restricted for shellfish harvesting and require permit applicants to comply with additional criteria when the proposed work is located in, adjacent to, or in close proximity to such waters. The petitioner seeks a variance pursuant to Subsection 373.414(17), Florida Statutes (F.S.), in conjunction with Environmental Resource Permit Application 4-009-103222-3, to reconstruct a boat ramp to support an outboard engine research and development facility. The work would occur in the Indian River which in this area is a Class II water classified by the State as conditionally restricted for shellfish harvesting. Notice of receipt of the petition for variance was published in the Florida Administrative Weekly on November 14, 2008. The Executive Director is scheduled to take final action on the petition for variance and the related permit application on or after October 27, 2009.
A person whose substantial interests are or may be affected by the Districts intended action has the right to request an administrative hearing by filing a written petition with the District. Pursuant to Chapter 28-106 and Rule 40C-1.1007, F.A.C., and Section 403.201, Fla. Stat., the petition must be filed (received), either by delivery at the office of the District Clerk at District Headquarters, P. O. Box 1429, Palatka, Florida 32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at Clerk@sjrwmd.com, within fourteen (14) days of this publication date (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), F.S., and Chapter 28-106, F.A.C. The District will not accept a petition sent by facsimile (fax), as explained below. Mediation pursuant to Section 120.573, F.S., is not available.
If the District takes action that substantially differs from this notice, a person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the District, but this request for administrative hearing shall only address the substantial deviation. Pursuant to Chapter 28-106 and Rule 40C-1.1007, F.A.C., the petition must be filed (received) at the office of the District Clerk at the mail/street address or email address described above, within nineteen (19) days of the District depositing notice of final District decision in the mail (for those persons to whom the District mails actual notice), within fourteen (14) days of the District emailing the notice of final District decision (for those persons to whom the District emails actual notice), or within fourteen (14) days of newspaper publication of the notice of final District decision (for those persons to whom the District does not mail or email actual notice). The petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), F.S., and Chapter 28-106, F.A.C. Mediation pursuant to Section 120.573, F.S., is not available.
A person whose substantial interests are or may be affected has the right to a formal administrative hearing pursuant to Sections 120.569 and 120.57(1), F.S., where there is a dispute between the District and the party regarding an issue of material fact. A petition for formal hearing must also comply with the requirements set forth in Rule 28-106.201, F.A.C. A person whose substantial interests are or may be affected has the right to an informal administrative hearing pursuant to Sections 120.569 and 120.57(2), F.S., where no material facts are in dispute. A petition for an informal hearing must also comply with the requirements set forth in Rule 28-106.301, F.A.C.
A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the Districts regular business hours. The Districts regular business hours are 8:00 a.m. 5:00 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the Districts regular business hours shall be deemed filed as of 8:00 a.m. on the Districts next regular business day. The Districts acceptance of petitions filed by e-mail is subject to certain conditions set forth in the Districts Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, F.A.C.), which is available for viewing at www.sjrwmd.com. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the Districts Statement of Agency Organization and Operation, attempting to file a petition by facsimile is prohibited and shall not constitute filing.
Failure to file a petition for an administrative hearing within the requisite time frame shall constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, Florida Administrative Code).
The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C-1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the Districts final action may be different from the position taken by it in this notice. A person whose substantial interests are or may be affected by the Districts final action has the right to become a party to the proceeding, in accordance with the requirements set forth above.
Pursuant to Section 120.68, F.S., a party to the proceeding before the District who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to the Florida Rules of Appellate Procedure within 30 days of the rendering of the final District action. A District action is considered rendered after it is signed on behalf of the District and is filed by the District Clerk. Failure to observe the relevant time frames for filing a petition for judicial review will result in waiver of that right to review.
The petition for variance (F.O.R. 2008-107) and permit application files are available for public inspection during normal business hours, 8:00 a.m. through 5:00 p.m., Monday through Friday, except legal holidays, at District Headquarters. To request copies or inspection of these files, contact Gail L. Hankinson, Assistant General Counsel, Office of General Counsel, at the address above, or by telephone at (386)329-4391.
