Reclamation and Restoration Standards

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Division of Resource Management

RULE NO.:RULE TITLE:

62C-16.0051Reclamation and Restoration Standards

Notice of Intent

The Department of Environmental Protection intends to issue a variance to Mosaic Fertilizer, L.L.C. The variance is for relief from subsection 378.209(1), F.S., requiring reclamation to be completed within 2 years after the completion of mining operations and relief from paragraph 62C-16.0051(12)(b), F.A.C., which requires that contouring for all acres mined shall be completed no later than 18 months after an area is capable of being contoured. The site is located in Polk and Hardee Counties.  The file has been designated as MMR_139109-054-EV-VR, MOS-PC-VA (2018).

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. 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 subsection 62-110.106(3) of the Florida Administrative Code, petitions for an administrative hearing must be filed within 14 days of publication of this notice or receipt of written notice, whichever occurs first. However, any person who has previously asked the Department for notice of this agency action may file a petition within 14 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.

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.

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, this process may result in a modification of the agency action or even a denial of the request for a variance or waiver.

A copy of the Notice of Intent to Issue may be obtained by contacting: Mining and Mitigation Program, Department of Environmental Protection, 2600 Blair Stone Road, MS 3577, Tallahassee, Florida 32399, telephone: [phone]; email: [e-mail]; during normal business hours, 8:00am – 5:00pm., Monday through Friday, except legal holidays.