Notice of intent to issue permit for culvert construction in Collier County.

STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF COMPLETE APPLICATION AND INTENT TO ISSUE PERMIT
The Department of Environmental Protection (Department) gives notice of its intent to issue a modification to the Comprehensive Everglades Restoration Plan Regulation Act (CERPRA) permit for construction authorization of the Western Everglades Restoration Project (WERP) 11-Mile Road Culverts Project (File No. 0435441-003), in accordance with Section 373.1502, Florida Statutes (F.S.); Title 62, Florida Administrative Code (F.A.C.); and pursuant to the Departments authority under Chapters 373 and 403, F.S., to the South Florida Water Management District (District). The application is 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 Departments Office of Water Policy and Ecosystems Restoration, 3900 Commonwealth Blvd., Mail Station 24, Tallahassee, Florida 32399-3000, telephone number (850) 245-2228.
The 11 Mile Road Culverts feature includes construction and passive operation of 5 (five) 3-foot diameter culverts, designated as S-226A, S-226B, S-226C, S-226D, and S-226E, with reinforced concrete pipes, concrete head walls, and inlet and outlet basins for directing flow and energy dissipation. The Culverts will be open flow, passive, structures that connect to existing roadside ditches on either side of 11 Mile Road with peak capacities of 18 cfs each. The 11 Mile Road Culverts will improve connectivity across the 11 Mile Road in BCNP. The WERP Region 4 Stilling Wells will provide data crucial to the operations of the L-28S Culverts-S-229A, S-229B, and S-229C. The approximately 5-acre Staging Area will be utilized to support 11 Mile Road and future WERP Region 4 construction activities.
The 11 Mile Road Culverts are along the 11 Mile Road located in southeast Collier County, stemming from US Highway 41 approximately 1.5 miles west of the Dade-Collier Training and Transition Airport. The road extends north from US-41 approximately 11 miles into Big Cypress National Preserve within Sections 5, 6, 7, 8, 17, and 32 in Township 53 South, Range 34 East. The WERP Region 4 Stilling Wells are located in the vicinity of US-41, Loop Road, and Dade-Collier Training and Transition Airport within Sections 18, 22, and 26 in Township 53 South, Range 34 East; and Section 6, Township 53 South, Range 35 East. The WERP Region 4 Staging Area is located along the southern edge of US-41 adjacent to the Miccosukee Administration Building, within Sections 23 and 24, Township 54 South, Range 35 East.
The Department will issue this permit unless a timely petition for an administrative proceeding is filed pursuant to the provisions of 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.
A person whose substantial interests are affected by the Departments action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-106.201, 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 agencys file or identification number, if known;
(b) The name, address, any email address, any facsimile number, and telephone number of the petitioner; the name, address, and telephone number of the petitioners representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioners substantial interests are or 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 agencys proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agencys 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 agencys 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. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 21 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 21 days of publication of the notice or within 21 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 21 days of receipt of such notice, regardless of the date of publication. 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.
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Departments 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 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 is not available in this proceeding.
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