The Department of Environmental Protection (Department) gives notice of its intent to grant a variance (File No. 0076455-011-EV-VR) to Mosaic Fertilizer, LLC (Mosaic) Ft. Meade Mine, Post Office Box 2000, Mulberry, Florida 33860-1100, under Sections 378.212, Florida Statutes, (F.S.), from the provisions of paragraph 62C-16.0051(6)(a), Florida Administrative Code (F.A.C), which provides that at least 25% of the high-water surface area of each water body other than streams shall consist of an annual zone of water fluctuation to encourage emergent and transition zone vegetation. This variance will apply to the design of the man-made lake proposed in Environmental Resource Permit No. 0076455-009.

On January 15, 2008, Mosaic applied for an Environmental Resource Permit to mine 339 acres at the Fort Meade Polk County Mine within an area previously disturbed by mining operations. The proposed project known as the S-1 CSA will result in a man-made lake approximately 278 acres that will not exceed 35 feet ± 1 foot below normal water elevation (NWL), with 13.3% of the edge reclaimed as littoral zone. On January 15, 2008, Mosaic Ft. Meade Mine submitted a petition for a variance, under Section 378.212, F.S., from the provisions of paragraph 62C-16.0051(6)(a), F.A.C. The variance will be permanent.

To encourage the development of new technology that will improve the quality of restored lands, the Department intends to grant a variance pursuant to Section 378.212, F.S., from the provisions of paragraph 62C-16.0051(6)(a), F.A.C.  The technique that Mosaic is proposing is to design and construct the reclaimed lake at the Fort Meade Polk/Hardee County Mine so that the littoral zone vegetation is concentrated in several broad, shallow areas including the inlets and outlet of the man-made lake. The location of the littoral zone vegetation component in several broad, shallow shelves including the inlets and outlet of the man-made lake is not expected to result in any on-site or off-site impacts. Except for this variance, the man-made lake is expected to meet the requirements of Rule 62C-16.0051, F.A.C., and be adequate to support healthy fish populations.

Under this intent to grant, this variance is hereby granted subject to the applicant’s compliance with any requirement in this intent to publish notice of this intent in a newspaper of general circulation and to provide proof of such publication in accordance with Section 50.051, F.S. This action is final and effective on the date filed with the Clerk of the Department unless a sufficient petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., as provided below. If a sufficient petition for an administrative hearing is timely filed, this intent to grant automatically becomes only proposed agency action on the application, subject to the result of the administrative review process.  Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. When proof of publication is provided, if required by this intent, and if a sufficient petition is not timely filed, the variance will be issued as a ministerial action. Because an administrative hearing may result in the reversal or substantial modification of this action, the applicant is advised not to commence construction or other activities until the deadlines noted below for filing a petition for an administrative hearing or request for an extension of time have expired and until the variance has been executed and delivered. Mediation is not available.

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, F.S.  The petition must contain the information set forth below and must be filed (received by the clerk) in: Office of General Counsel of the Department, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.

Under subsection 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 shall toll the running of the time period for filing a petition until the request is acted upon. If a request is filed late, the Department may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect.

If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding.  Intervention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.

In accordance with Section 378.212(3), F.S., petitions for an administrative hearing by the applicant must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication.