state of florida department of environmental protection notice of intent
11/22/2017
Lee County Southwest Florida
state of florida department of environmental protection notice of intent
When: Wednesday, November 22, 2017
The Department of Environmental Protection hereby provides Notice of
Intent to Issue a permit for the proposed project, subject to the conditions
specified in the draft permit and summarized below. The applicant, Lee County
Utilities, Ms. Pamela Keyes, P.E., Director, 1500 Monroe Street, Third Floor,
Fort Myers, Florida 33901 applied on April 24, 2017 for a permit to construct a
Class I injection well. The project is located at Lee County North Water
Treatment Plant, 18250 Durrance Road, North Fort Myers, Florida, in the county
of Lee. (File No. 0353476-001-UC/1X, WACS ID No. 92390) The facility will
construct one non-hazardous Class I injection well, IW-2, for the disposal of
reverse osmosis concentrate from the Lee County North Water Treatment Plant.
The anticipated maximum permitted capacity for the well is 5.05 million gallons
per day. The injection well will be constructed with 24-inch diameter steel
casing and 13-inch diameter FRP tubing set to 2,600 feet below land surface
(bls). The open hole injection interval will be completed from 2,600 to 2,950
feet below land surface (bls). The dual-zone monitor well (DZMW-2) will be
completed in the Ocala Formation from 1,400 to 1,500 feet bls and in the Avon
Park Formation from 1,850 to 1,900 feet bls. The Department has permitting
jurisdiction under Chapter 403 of the Florida Statutes and the rules adopted
thereunder. The project is not exempt from permitting procedures. The
Department has determined that an operation permit is required for the proposed
work. The Department will issue the permit unless a timely petition for an
administrative proceeding is filed pursuant to the provisions of Sections
120.569 and 120.57, F.S. 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, this process may result in a modification of the proposed
agency action or even denial of the application. 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 following information required by Rules 28-106.201
and 28-106.301, F.A.C.: a) The name and address of each agency affected and
each agency's 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, email 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; c) An explanation of how the
petitioner's substantial interests are or will be affected by the agency
determination; d) A statement of when and how the petitioner received notice of
the agency decision; e) A statement of all disputed issues of material fact;
or, if there are none, the petition must so indicate; f) 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; g) 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 any alleged facts relate to the specific rules or statutes;
and h) 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. Petitions 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, agency_clerk@dep.state.fl.us.
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 and persons
who have asked the Department in writing to receive notice of this action
pursuant to Section 120.60(3), F.S., must be filed within 14 days of receipt of
this written notice. Petitions filed by any persons other than the applicant
and 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. 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, 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. Under Sections
120.569(2)(c) and (d), F.S., a petition for administrative hearing must be
dismissed by the agency if the petition does not substantially comply with the
above requirements or is untimely filed. Mediation is not available in this
proceeding. The files associated with this order are available for public
inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through
Friday, except state holidays, at the Department of Environmental Protection,
South District Office, 2295 Victoria Avenue, Suite 364, Ft. Myers, Florida
33901-3875 , and at the Department of Environmental Protection, 2600 Blair
Stone Road, Tallahassee, Florida 32399-2400. Any additional information
concerning this project may be obtained by contacting Neil I. Campbell,
Engineering Specialist, at 850.245.8612.