notice of intent to issue


notice of intent to issue

When: Tuesday, August 18, 2009






      The Department of Environmental Protection gives notice that a NOTICE OF INTENT to issue a permit and associated Administrative Order, AO-050-SD/UIC09, has been prepared for Lee County Utilities Corkscrew WTP ASR, Mr. Douglas Meurer, P.E., Director, 1500 Monroe Street, 3rd Floor, Ft Myers, FL 33901, to continue operational testing of five, (5), Class V, Group 7, Aquifer Storage and Recovery (ASR) injection wells (ASR-1 through ASR-5) for the storage and recovery of potable water in the Mid – Hawthorn, Zone 1, Aquifer System.  The project is located at the Corkscrew Water Treatment Plant, 16101 Alico Road, Ft Myers, Lee County, Florida 33913, (File No. 142222-012-016-UC/5X).


      The purpose of the project is to store potable water in the Mid – Hawthorn, Zone 1, Aquifer System during wet weather periods to be recovered during dry weather periods in order to meet the seasonal potable water supply demands.  The Aquifer Storage and Recovery, (ASR), system will be operationally tested under authorization of Permit Nos. 142222-012-016-UC/5X and Administrative Order No. AO-050-SD/UIC09 will require that the Underground Source of Drinking Water, (USDW), be assessed along with the affect of the system operation on the quality of the USDW.  Any corrective action necessary to restore the USDW will be implemented under the authority of the referenced administrative order.


      The Department has permitting jurisdiction under Chapter 403 of the Florida Statutes, and Chapters 62‑4, 62‑520, 62-528, and 62-550 of the Florida Administrative Code.  The project is not exempt from permitting procedures.  The Department has determined that a construction permit is required for the proposed work.


          The Department will issue the permit with the attached conditions and the associated Administrative Order No. AO-050-SD/UIC09 unless a petition for an administrative proceeding (hearing) is filed pursuant to the provisions of Sections 120.569 and 120.57 F.S., before the deadline for filing a petition.  Mediation is not available for this proceeding.


          A person whose substantial interests are affected by the Department's proposed permitting decision may petition for an administrative proceeding (hearing) in accordance with Sections 120.569 and 120.57, F.S.  The petition must contain the information set forth below and must be filed (received) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399‑3000.  Petitions filed by the permit applicant and the parties listed below must be filed within 14 days of receipt of this intent.  Petitions filed by other persons must be filed within 14 days of publication of the public notice or within 14 days of their receipt of this intent, whichever first occurs.  Petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing.  Failure to file a petition within this time period shall constitute a waiver of any right such person may have 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 will be only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28‑5.207, F.A.C.


          The Petition shall contain the following information:


  1. The name, address, and telephone number of each petitioner, the applicant's name and address, the Department Permit File Number and the county in which the project is proposed;


  1. A statement of how and when each petitioner received notice of the Department's action or proposed action;


  1. A statement of how each petitioner's substantial interests are affected by the Department's action or proposed action;


  1. A statement of the material facts disputed by Petitioner, if any;


  1. A statement of facts which petitioner contends warrants reversal or modification of the Department's action or proposed action;


  1. A statement of which rules or statutes petitioner contends require reversal or modification of the Department's action or proposed action; and


  1. A statement of the relief sought by petitioner, stating precisely the action petitioner wants the Department to take with respect to the Department's action or proposed action.


If a petition is filed, the administrative hearing process is designed to formulate agency action.  Accordingly, the Department's final action may be different from the position taken by it in this intent.  Persons whose substantial interests will be affected by any decision of the Department with regard to the application have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above.


The application, draft permit, and fact sheet 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 of Environmental Protection, South District Office, located at 2295 Victoria Ave., Suite 364, Fort Myers, Florida 33901.  Any additional information concerning this project may be obtained by contacting David Rhodes, P.G. at (239) 332‑6975, ext. 125.


LCU Ad No. 74