a variance announces its intent to deny a variance from paragraph 40C-4.302(1)(c), F.A.C., and Section 12.2.5(c) of the Applicant’s Handbook: Management and Storage of Surface Waters, from Warren T. Michael on behalf of Channel Marker 71 Barrier ...

 

WATER MANAGEMENT DISTRICTS
St. Johns River Water Management District

RULE NO: RULE TITLE
40C-4.302: Additional Conditions for Issuance of Permits

The St. Johns River Water Management District (District) announces its intent to deny a petition for a variance from paragraph 40C-4.302(1)(c), F.A.C., and Section 12.2.5(c) of the Applicant’s Handbook: Management and Storage of Surface Waters, from Warren T. Michael on behalf of Channel Marker 71 Barrier Island Inn & Restaurant, LLC (f/ka Channel Marker 71 Barrier Island Bed and Breakfast, LLC). Pursuant to Section 373.414(17), Florida Statutes, the Petitioner sought a variance with respect to Environmental Resource Permit application 4-109-56595-2 to construct a floating dock adjacent to an existing dock at the Barrier Island Bed and Breakfast in St. Johns County. Notice of receipt of the Petition for Variance was published in the Florida Administrative Weekly on May 16, 2003. The District’s Governing Board is scheduled to take final action on the Petition for Variance and the related permit application at its September meeting, which begins at 1:00 p.m., September 8, 2009, or at the next Governing Board meeting thereafter.

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 St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) either by delivery at the office of: District Clerk, District Headquarters, P. O. Box 1429, Palatka, Florida 32178-1429 (4049 Reid Street, Palatka, FL 32177) or by e-mail with the District Clerk at [e-mail], within 19 days of the District depositing the notice of intended District decision in the mail (for those persons to whom the District mails actual notice) or within 14 days of newspaper publication of the notice of intended District decision (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), Florida Statutes, and Chapter 28-106, Florida Administrative Code. The District will not accept a petition sent by facsimile (fax). Mediation pursuant to Section 120.573, Florida Statutes, is not available.

If the District takes action that substantially differs from the notice of intended District decision, 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, Florida Administrative Code, the petition must be filed (received) at the office of the District Clerk at the mail/street address or email address described above, within 19 days of the District depositing notice of final District decision in the mail (for those persons to whom the District mails actual notice) or within 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). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. Mediation pursuant to Section 120.573, Florida Statutes, is not available.

Pursuant to Section 120.68, Florida Statutes, 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 Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, within 30 days of the rendering of the final District action.

Failure to observe the relevant time frames for requesting a hearing or seeking judicial review will result in waiver of that right to review.

The Petition for Variance 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: St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177. Request for copies or inspection of those files should be made to: Tara E. Boonstra, Assistant General Counsel, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone].