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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF INTENT TO ISSUE PERMIT
Permit File Number
294514-003-WC/06
The Department of Environmental Protection gives notice of its intent to issue a permit to Gary Nelson, Chairman for Babcock Ranch Community Independent Special District to increase the capacity of the existing water treatment facility to 0.99 MGD by utilizing Nanofiltration (NF) membrane system located east of State Road 31 and south of Hercules Grade in Charlotte County, Florida.
A person whose substantial interests are affected by the Department's proposed permitting decision may petition for an administrative proceeding (hearing) in accordance with sections 120.569 and 120.57, F.S. The petition must contain the information set forth below and must be filed (received by the Agency Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. The petitioner must mail a copy of the petition to the applicant at the address above at the time of filing. Failure to petition within 14 days of the date of this publication constitutes a waiver of any right such person has to request a hearing under sections 120.569 and 120.57, F.S., and to participate as a party to this proceeding. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28-106.205, F.A.C.
A petition that disputes the material facts on which the Department's action is based 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 will be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decisions;
(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 the petitioner contends warrant reversal or modification of the Department's action;
(f) A statement of the specific rules and statutes the petitioner contends require reversal or modification of the Department's proposed action, including an explanation of how the alleged facts relate to the specific rule or statutes; and
(g) A statement of the relief sought by petitioner, stating precisely the action petitioner wants the Department to take.
Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department's 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 petition have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above.
The application is available for public inspection during normal business hours, 8:00am to 5:00pm, Monday through Friday, except legal holidays, at the Department's South District Office, 2295 Victoria Avenue, Suite 364, Fort Myers, Florida 33901. Phone: (239) 344-5600, or electronically at: http://webapps.dep.state.fl.us/DepNexus/public/electronic-documents/5084116/facility!search
June 9, 16, 23, 30, 2017 17-00415T