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NOTICE OF AGENCY ACTION
Notice is hereby provided that the South Florida Water Management District (District), on March 11, 2024, as corrected on June 14, 2024, issued an approval of the Petition of Formal Determination of Wetlands and Other Surface Waters, Permit Number 11-110458-P, Application Number 230802-39685 (Formal Wetland Determination) to Patrick Utter, Collier Land Holdings LTD, and CDC Investment Properties, LLC.
The Formal Wetland Determination applies to a 1,767.35-acre parcel located north of Oil Well Road and west of S.R. 29 in Collier County, Sections 5, 6, 7, 17 and 18, Township 48 South; Range 30 East, Collier County, Florida (Property). The Property is surrounded by agricultural lands, Oil Well Road to the south and S.R. 29 to the east. The Property includes active agricultural sod harvesting fields, undeveloped forested uplands and wetlands, and freshwater marshes.
The Formal Wetland Determination is the District's determination of the boundary of wetlands and other surface waters (OSW) on the Property. Wetlands on the Property
totaled 255.41 acres and generally consisted of mixed forested wetlands, cypress, shrub wetlands, freshwater marsh and hydric pasture, with varying degrees of exotic vegetation. Upland habitats adjacent to the wetlands generally included hardwood pine flatwoods, palmetto prairie, improved and unimproved pastures and agricultural fields. OSW on the Property totaled 16.31 acres and generally consisted of agricultural ditches, and cattle ponds.
A copy of the Formal Wetland Determination can be obtained by contacting the Regulatory Records Management Section of the District, during normal business hours,
8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at 3301 Gun Club Road, West Palm Beach, FL 33406, Regulation Division, by telephone at 561-682-6911, by e-mail at [email protected], or by accessing the Formal Wetland Determination directly from the District's website (www.sfwmd.gov) using the Application/Permit Search on the ePermitting page.
The District's agency action is final unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57 of the Florida Statutes before the deadline for filing a petition.
As required by Sections 120.569 and 120.60(3), Florida Statutes, the following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all of the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights.
RIGHT TO REQUEST ADMINISTRATIVE HEARING
A person whose substantial interests are or may be affected by the South Florida Water Management District's (District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Florida Statutes. Persons seeking a hearing on a District decision which affects or may affect their substantial interests shall file a petition for hearing with the Office of the District Clerk of the District, in accordance with the filing instructions set forth herein, within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: (1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Florida Statutes; or (2) within 14 days of service of an Administrative Order pursuant to Section 373.119(1), Florida Statutes. “Receipt of written notice of agency decision” means receipt of written notice through mail, electronic mail, posting, or publication that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. Any person who receives written notice of a District decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision.
If the District takes final agency action which materially differs from the noticed intended agency decision, persons who may be substantially affected shall, unless otherwise provided by law, have an additional point of entry pursuant to Rule 28-106.111, Florida Administrative Code.
Any person to whom an emergency order is directed pursuant to Section 373.119(2), Florida Statutes, shall comply therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible.
A person may file a request for an extension of time for filing a petition. The District may, for good cause, grant the request. Requests for extension of time must be filedwith the District prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and whether the District and any other parties agree to or oppose the extension. A timely request for an extension of time shall toll the running of the time period for filing a petition until the request is acted upon.
FILING INSTRUCTIONS
A petition for administrative hearing must be filed with the Office of the District Clerk of the District. Filings with the Office of the District Clerk may be made by mail, handdelivery, or e-mail. Filings by facsimile will not be accepted. A petition for administrative hearing or other document is deemed filed upon receipt during normal business hours by the Office of the District Clerk at District headquarters in West Palm Beach, Florida. The District's normal business hours are 8:00 a.m. - 5:00 p.m., excluding
weekends and District holidays. Any document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows:
• Filings by mail must be addressed to the Office of the District Clerk, 3301 Gun Club Road, West Palm Beach, Florida 33406.
• Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the District's security desk does not constitute filing. It will be necessary to request that the District's security officer contact the Office of the District Clerk. An employee of the District's Clerk's office will receive and file the petition.
• Filings by e-mail must be transmitted to the Office of the District Clerk at [email protected]. The filing date for a document transmitted by electronic mail shall be the date the Office of the District Clerk receives the complete document.
INITIATION OF AN ADMINISTRATIVE HEARING
Pursuant to Sections 120.54(5)(b)(4) and 120.569(2)(c), Florida Statutes, and Rules 28-106.201 and 28-106.301, Florida Administrative Code, initiation of an administrative hearing shall be made by written petition to the District in legible form and on 8 1/2 by 11 inch white paper. All petitions shall contain:
1. Identification of the action being contested, including the permit number, application number, District file number or any other District identification number,
if known.
2. The name, address, any email address, any facsimile number, and telephone number of the petitioner and petitioner's representative, if any.
3. An explanation of how the petitioner's substantial interests will be affected by the agency determination.
4. A statement of when and how the petitioner received notice of the District's decision.
5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate.
6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the District's proposed
action.
7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the District's proposed action.
8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes.
9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the District to take with respect to the District's proposed action.
MEDIATION
The procedures for pursuing mediation are set forth in Section 120.573, Florida Statutes, and Rules 28-106.111 and 28-106.401-.405, Florida Administrative Code. The District is not proposing mediation for this agency action under Section 120.573, Florida Statutes, at this time.
RIGHT TO SEEK JUDICIAL REVIEW
Pursuant to Section 120.68, Florida Statutes, and in accordance with Florida Rule of Appellate Procedure 9.110, a party who is adversely affected by final District action may
seek judicial review of the District's final decision by filing a notice of appeal with the Office of the District Clerk of the District in accordance with the filing instructions set forth herein within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice with the clerk of the appropriate district court of appeals via the Florida Courts E-Filing Portal.
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July 12, 2024 24-01370C