Antidegradation Permitting Requirements; Outstanding Florida Waters; Outstanding National Resource Waters; Equitable Abatement, Mixing Zones: Surface Waters  


  • DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF INTENT TO GRANT A VARIANCE
    RULE NO: RULE TITLE
    62-4.242: Antidegradation Permitting Requirements; Outstanding Florida Waters; Outstanding National Resource Waters; Equitable Abatement
    62-4.244: Mixing Zones: Surface Waters

    The Department of Environmental Protection gives notice of its intent to grant a variance under Section 403.201, F.S., from the provisions of paragraph 62-4.244(5)(c), F.A.C. and paragraphs 62-4.242(2)(a), (2)(b), F.A.C., to Gulfstream Natural Gas Systems, LLC, 1905 Intermodal Circle, Port Manatee, FL 34221, (File No. 52-0166697-038, OGC No.: 07-0237) to temporarily establish a turbidity mixing zone greater than 150 meters and to allow the ambient water quality to be lowered within an Outstanding Florida Waterbody for a period to exceed 30 days. The Department’s file on this matter is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Department of Environmental Protection, 13051 North Telecom Parkway, Temple Terrace, FL 33637-0926, (813)632-7600.

    A person whose substantial interests are affected by the Department’s proposed permitting decision may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed (received) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Petitions filed by the applicant or any of the parties listed below must be filed within 14 days of receipt of this written notice.

    Petitions filed by any other persons other than those entitled to written notice under Section 120.60(3) of the Florida Statutes, must be filed within 14 days of publication of the public notice or receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person 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 of the Florida Statutes, or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will only be at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205 of the Florida Administrative Code.

    A petition that disputes the material facts on which the Department’s action is based must contain the following information:

    (a)   The name, address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner’s representative, if any; the Department case or identification number and the county in which the subject matter or activity is located;

    (b)   A statement of when and how each petitioner received notice of the Department action;

    (c)   A statement of how each petitioner's substantial interests are affected by the Department action;

    (d)   A statement of all disputed issues of material fact. If there are none, the petition must so indicate;

    (e)   A statement of facts that the petitioner contends warrant reversal or modification of the Department action;

    (f)    A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and

    (g)   Demand for relief (sought by the petitioner, stating precisely the action that the petitioner wants the Department to take).

    A petition that does not dispute the material facts on which the Department’s action is based shall state that no such facts are in dispute and otherwise contain the same information as set forth above, as required by Rule 28-106.301, F.A.C.

    Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department final action may be different from the position taken by it in this notice. Persons whose substantial interests will be affected by any such final decision of the Department on the petitions have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above.

    Mediation is not available for this proceeding.

    A party to this order has the right to seek judicial review of it under Section 120.68 of the Florida Statutes, by filing a notice of appeal under rule 9.110 of the Florida Rules of Appellate Procedure with the clerkof the Department in the Office of General Counsel, Mail Station 35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within thirty days after this order is filed with the clerk of the Department.