DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF RECEIPT OF LAND USE DETERMINATION
On October 21, 2014, the Department of Environmental Protection received a determination from Citrus County that the Duke Energy Florida., Citrus Combined Cycle Project (CCCP), Power Plant Siting Application No. PA77-09A3, OGC Case No. 14-0431, DOAH Case No. 14-3632EPP, is consistent with existing local land use plans and zoning ordinances in Citrus County. A copy of the determination of compliance is available for review in the Siting Coordination Office, Department of Environmental Protection, 2600 Blair Stone Road, MS 5500, Tallahassee, Florida 32399-2400, (850)717-9000. The determination is solely for the expressed purpose and does not indicate final approval or denial of the Application. Pursuant to Section 403.50665(4), F.S., if any substantially affected person wishes to dispute Citrus County’s determination that the proposed CCCP is consistent with Citrus County’s existing land use plans and zoning ordinances, he or she must file a petition with the Department within 21 days after the publication of notice of the local government’s determination. If a hearing is requested, the provisions of Section 403.508(1), F.S., shall apply. Should a land use hearing be held, the notice of land use hearing will be published as per the provisions of Section 403.5115, F.S. Pursuant to Section 403.508(1), F.S., the sole issue for determination at a land use hearing shall be whether or not the proposed site is consistent and in compliance with existing land use plans and zoning ordinances. If the administrative law judge concludes that the proposed site is not consistent or in compliance with existing land use plans and zoning ordinances, the administrative law judge shall receive at the hearing evidence on, and address in the recommended order, any changes to or approvals or variances under the applicable land use plans or zoning ordinances which will render the proposed site consistent and in compliance with the local land use plans and zoning ordinances. A person whose substantial interests are affected by the proposed determination of consistency may petition for an administrative hearing in accordance with Section 403.5066(4), F.S. The petition must be filed with the Department’s Agency Clerk in the Office of General Counsel of the Department of Environmental Protection, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, (850)245-2242, fax (850)245-2303. The petition should contain: (a) The name and address of each agency affected and each agency’s file or identification number, if known; (b) The name, address, any email 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 will be affected by the 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 petitioner must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency’s proposed action; (f) A statement of the specific rules or statutes 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 petitioner wishes the agency to take with respect to the agency’s proposed action. A petition that does not dispute the material facts shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule 28-106.301, Florida Administrative Code.
