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FIRST INSERTION
NOTICE OF PROPOSED AGENCY ACTION BY
THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
Notice is given that the District's Proposed Agency Action is approval of the application for a Water Use Permit to serve public supply landscape/recreation use, which shall be considered by the District's Governing Board on May 19, 2020. The total authorized withdrawal is 3,945,200 gallons/day on an average annual basis and 16,000,000 gallons per day on a peak month basis for irrigation and fire flow. The project is located in Charlotte County, Sections 29 and 30, Township 42 South, Range 24 East, with the water being repumped and used in Lee County. The permit applicant is the City of Cape Coral, 815 Nicholas Parkway East, Cape Coral, FL 33990 and B.P. Limited Liability Co., 15210 Wayzata Blvd., Wayzata, MN 35391. The permit No. is 20020808.000. The file(s) pertaining to the project referred to above is available for inspection Monday through Friday except for District holidays and emergency closings, 8:00 a.m. to 5:00 p.m., at the District's Tampa Service Office, 7601 U.S. Highway 301 North, Tampa, Florida 33637, or at the District's website at WaterMatters.org.
NOTICE OF RIGHTS
Any person whose substantial interests are affected by the District's action regarding this matter may request an administrative hearing in accordance with Sections 120.569 and 120.57, Florida Statutes (F.S.), and Chapter 28-106, Florida Administrative Code (F.A.C.), of the Uniform Rules of Procedure. A request for hearing must (1) explain how the substantial interests of each person requesting the hearing will be affected by the District's action or proposed action; (2) state all material facts disputed by each person requesting the hearing or state that there are no disputed facts; and (3) otherwise comply with Chapter 28-106, F.A.C. A request for hearing must be filed with and received by the Agency Clerk of the District at Southwest Florida Water Management District's Tampa Service Office, 7601 U.S. Highway 301 North, Tampa, Florida 33637 within 21 days of publication of this notice. Failure to file a request for hearing within this time period shall constitute a waiver of any right such person may have to request a hearing under Sections 120.569 and 120.57, F.S. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the District's final action may be different from the position taken by it in this notice of agency action. Persons whose substantial interests will be affected by any such final decision of the District in this matter have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding the District's action in this matter is not available prior to the filing of a request for hearing.
May 1, 2020 20-00333T