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STATE OF FLORIDA
DEPARTMENT OF
ENVIRONMENTAL PROTECTION
NOTICE OF AGENCY ACTION
The Department of Environmental Protection (Department) gives notice that, on May 24, 2018, it entered into a Prospective Purchaser Agreement, Agreement for Restrictions, and Covenant Not to Sue (“PPA”), with Seaside Springs Retirement Community LLC, a Nebraska limited liability company (“Purchaser”), in connection with the purchase of certain real property located on the east/southeast corner of Old Venice Road and S. Tamiami Trail, Osprey, Sarasota County, Florida, more specifically, Sarasota County Property Appraiser Parcel ID No. 0155050027 (1201 S. Tamiami Trail) and a portion of Parcel ID No. 0155050001 (1301 S. Tamiami Trail). The Department has assigned OGC File No. 17-1054 and facility ID No. COM_154337 to this project.
Purchaser intends to construct an adult-only independent living facility on the subject property. Based upon information provided, the Department determined that the subject property had been adequately characterized and that no further assessment was required. The Department also accepted the Purchaser's proposed alternative soil cleanup target level for arsenic. In consideration of the Purchaser's performance of its obligations under the PPA, the Department agreed not to sue or take any other civil or administrative action with respect to the existing conditions.
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 of the Florida Statutes. The petition must contain the information set forth below and 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. Mediation is not available.
In accordance with Rules 28-106.111(2) and 62-110.106(3)(a)4., F.A.C., petitions for an administrative hearing must be filed within twenty-one (21) days of publication of the notice or receipt of written notice, whichever occurs first. Under Rule 62-110.106(4), F.A.C., 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. A timely request for extension of time will toll the running of the time period for filing a petition until the request is acted upon.
The petitioner shall mail a copy of the petition to Breck C. Collingsworth, Seaside Springs Retirement Community, LLC, 7101 South 82nd Street, Lincoln, NE 68516, 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, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with 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 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 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.
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 shall contain the same information as set forth above, as required by Rule 28-106.301, F.A.C.
Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing shall be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed.
Complete copies of all documents relating to this determination are available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at Florida Department of Environmental Protection, 2295 Victoria Avenue, Suite 364, Fort Myers, FL 33901, Phone (239) 344-5600. The documents are also available electronically from the Department's Information Portal at http://prodenv.dep.state.fl.us/DepNexus/public/electronic-documents/COM_154337/facility!search
June 22, 2018 18-01461S