The St. Johns River Water Management District (District) intends to grant a variance from paragraph 40C-4.302(1)(c), F.A.C., and the associated portions of the Applicant’s Handbook: Management and Storage of Surface Waters (December 3, 2006), including Sections 10.1.1(c), 12.1.1(d), and 12.2.5(c), to St. Augustine St. Johns County Airport Authority for improvements to an existing seaplane facility in St. Johns County. These rules are designed to protect Class II and shellfish harvesting waters and require permit applicants to comply with additional criteria when the proposed work is located in, adjacent to, or in close proximity to Class II waters. The petitioner seeks a variance pursuant to subsection 373.414(17), F.S., in conjunction with Environmental Resource Permit Application 4-109-28307-25, to construct a seaplane facility consisting of a fixed and floating dock, pilings, an aircraft lift, and a floating parking pad. The work would occur in the Tolomato River, which in this area is a Class II water classified by the Department of Agricultural and Consumer Services as conditionally restricted for shellfish harvesting. Notice of receipt of the petition for variance was published in the F.A.W., on January 5, 2007. The District’s Governing Board is scheduled to take final action on the petition for variance and the related permit application at its meeting on February 13, 2007.

A person whose substantial interests are or may be determined by the District’s intended action has the right to request an administrative hearing by filing a written petition with the District. Mediation is not available. Pursuant to Chapter 28-106 and Rule 40C-1.1007, F.A.C., and Section 403.201, F.S., the petition must be filed (received) by hand delivery or mail with the District Clerk at District Headquarters, 4049 Reid St., Palatka, FL 32177, or by e-mail with the District Clerk at Clerk@sjrwmd.com within fourteen (14) days of this publication date (for those persons to whom the District does not send actual notice). A petition for an administrative hearing is deemed filed upon receipt of the petition by the District Clerk at the District Headquarters. Receipt by the District Clerk after 5:00 p.m., shall be considered filed as of 8:00 a.m. on the next regular business day. The District’s acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District’s Statement of Agency Organization and Operation, which is available at www.sjrwmd.com or upon request to the District Clerk. The District does not accept petitions by facsimile. Petitions must comply with Sections 120.54(5)(b)4 and 120.569(2)(c), F.S., and Chapter 28-106, F.A.C. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, F.S., and Chapter 28-106, F.A.C., and Section 40C-1.1007, F.A.C.

If the Governing Board takes action which substantially differs from this notice, persons who may be substantially affected have an additional 14 days from the date of receipt of notice of said action to request an administrative hearing, but the request for administrative hearing shall only address the substantial deviation.

Pursuant to Section 120.68, F.S., a person who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to the Florida Rules of Appellate Procedure within 30 days of the rendering of the final District action. For appeals to the District Courts of Appeal, a District action is considered rendered after it is signed on behalf of the District and filed by the District Clerk.

A party to the proceeding before the District who claims that a District order is inconsistent with the provisions and purposes of Chapter 373, F.S., may seek review of the order pursuant to Section 373.114, F.S., by the Florida Land and Water Adjudicatory Commission, by filing a request for review with the Commission and serving a copy on the Department of Environmental Protection and any person named in the order within 20 days of the rendering of the District order. Review by the Florida Land and Water Adjudicatory Commission is not available for final orders resulting from an evidentiary hearing held under Sections 120.569 and 120.57, F.S., or for rules adopted after issuance of a final order resulting from an evidentiary hearing under Section 120.56, F.S.

Failure to observe the relevant time frames for filing a petition will result in waiver of that right to review.

The petition for variance (F.O.R. 2006-113) and permit application files are available for public inspection during normal business hours, 8:00 a.m. through 5:00 p.m., Monday through Friday, except legal holidays, at District Headquarters. To request copies or inspection of these files, contact Tara Boonstra, Assistant General Counsel, Office of General Counsel, at the address above, or by telephone at (386)329-4448.