The St. Johns River Water Management District (District) hereby gives notice:
On May 13, 2011, the District granted a variance under Section 120.542, Florida Statutes (SJRWMD F.O.R. No. 2011-08), to The Harrod Group, Inc., (Petitioner) regarding a project known as the “River Isle” subdivision. The Petition for Variance was filed with the District on January 21, 2011. Notice of receipt of the petition requesting the variance was published in the Florida Administrative Weekly (FAW), Vol. 37, No. 7, on February 18, 2011. No public comment was received. Petitioner provided three subsequent extensions of time in which the District had to act on the petition. The District’s order provides the Petitioner with a variance from paragraph 40C-41.063(5)(c), Florida Administrative Code and Section 11.4.3 of the District’s Applicant’s Handbook: Management and Storage of Surface Waters (December 27, 2010) (together, the Econlockhatchee River Hydrologic Basin Riparian Wildlife Habitat Standard) (the rule). The rule requires a permit applicant to provide reasonable assurance that its proposed activities within those areas designated as the riparian habitat protection zone (RHPZ) will not adversely affect the abundance, diversity, food sources, or habitat of aquatic or wetland dependent species provided by the RHPZ. The rule allows an applicant to meet this standard by demonstrating that its plan of development, including a mitigation plan, will offset any such adverse impacts.
Generally, the District’s Final Order Granting Variance sets forth the basis of the District’s decision to grant the variance as follows: Petitioner has demonstrated that: (1) in granting the variance from the rule, the purpose of the underlying statute will still be achieved, consistent with Chapter 373, Florida Statutes, as the project site has diminished ecological value to aquatic and wetland dependent species due to activities that previously had occurred on the site, and the Petitioner is providing a reasonable degree of protection to aquatic and wetland dependent species in the vicinity of the project site by granting a conservation easement to the District over the area bordering the Little Econlockhatchee River adjacent to and along the entire length of the project site; (2) application of the rule to the Petitioner’s proposed project would cause a substantial economic hardship on the Petitioner; and (3) requiring Petitioner to comply with the rule would violate principles of fairness based on the permitting history of the site.
Notice of Rights
1. A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, F.A.C., the petition must be filed (received) either by delivery at the Office of the District Clerk at District Headquarters, P. O. Box 1429, Palatka, Florida 32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at Clerk@sjrwmd.com within twenty-one (21) days of publication of this FAW notice. A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. The District will not accept a petition sent by facsimile (fax), as explained in paragraph no. 4. below. Mediation pursuant to Section 120.573, Florida Statutes, is not available.
2. A person whose substantial interests are or may be affected has the right to a formal administrative hearing pursuant to Sections 120.569 and 120.57(1), Florida Statutes, where there is a dispute between the District and the party regarding an issue of material fact. A petition for formal hearing must also comply with the requirements set forth in Rule 28-106.201, Florida Administrative Code.
3. A person whose substantial interests are or may be affected has the right to an informal administrative hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute. A petition for an informal hearing must also comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code.
4. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District’s regular business hours. The District’s regular business hours are 8:00 a.m. – 5:00 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District’s regular business hours shall be deemed filed as of 8:00 a.m. on the District’s 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 (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at floridaswater.com. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District’s Statement of Agency Organization and Operation, attempting to file a petition by facsimile is prohibited and shall not constitute filing.
5. Failure to file a petition for an administrative hearing within the requisite timeframe shall constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, Florida Administrative Code).
6. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C-1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District’s final action may be different from the position taken by it in this notice. A person whose substantial interests are or may be affected by the District’s final action has the right to become a party to the proceeding, in accordance with the requirements set forth above.
7. Pursuant to Section 120.68, Florida Statutes, a party to the proceeding before the District 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 Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, within 30 days of the rendering of the final District action.
8. A District action is considered rendered, as referred to in paragraph no. 7 above, after it is signed on behalf of the District, and is filed by the District Clerk.
9. Failure to observe the relevant timeframes for filing a petition for judicial review as described in paragraph no. 7 above will result in waiver of that right to review.
A copy of the Order or additional information may be obtained by contacting:
Kris Davis, Assistant General Counsel, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529 or by telephone at (386)329-4390.