Notice of minor permit revision for Mosaic Fertilizer's South Fort Meade Mine Facility.

STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF PERMIT REVISION

The Department of Environmental Protection gives notice of its issuance of a minor permit revision, Permit No. FL0037598 (PA File No. FL0037598-029-IWB/MR), to Mosaic Fertilizer (Mosaic) L.L.C. [mailing address: 13830 Circa Crossing Dr., Lithia, Florida 33547-3953] for the Mosaic’s South Fort Meade Mine Facility (the facility). This minor permit revision would authorize the modification of the current South Fort Meade facility permit to allow the relocation of monitoring well MWI-P3S. This permit revision does not require any changes to existing surface water and groundwater quality monitoring permit requirements.

The facility is located at 5880 Manley Road, Fort Meade, Florida 33841-9257 in Polk and Hardee Counties, and geographically at:

		Latitude 27° 39' 59" N          Longitude 81° 45' 32" W

The permit application file and supporting data are available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Department's Division of Water Resource Management, Phosphate Management Program, 13051 N Telecom Parkway, Suite 101, Temple Terrace, Florida 33637-0926, at phone number (813) 470-5913.

NOTICE OF RIGHTS

This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application.

Petition for Administrative Hearing
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. Pursuant to Rules 28-106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following information:
	(a)	The name and address of each agency affected and each agency's file or identification number, if known;
	(b)	The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if
		the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone 
		number of the petitioner's representative, if any, which shall be the address for service purposes during the
		course of the proceeding; and an explanation of how the petitioner's substantial interests will be affected by
		the agency determination;
	(c)   A statement of when and how the petitioner received notice of the agency decision;
	(d)	A statement of all disputed issues of material fact. If there are none, the petition must so indicate;
	(e)	A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends
		warrant reversal or modification of the agency's proposed action;
	(f)	A statement of the specific rules or statutes that the petitioner contends require reversal or modification of
		the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules
		or statutes; and
	(g)	A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the
		agency to take with respect to the agency's proposed action.

The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@FloridaDEP.gov. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.

Time Period for Filing a Petition
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. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.

Extension of Time
Under Rule 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, or via electronic correspondence at Agency_Clerk@FloridaDEP.gov, before the deadline for filing a petition for an administrative hearing. 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.
Mediation
Mediation is not available in this proceeding.
Judicial Review
Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this
action is filed with the Clerk of the Department.