04-2807 - Laserfiche WebLink

Browse Search

--.. .--"~-.....:- :..:..:....:..-.~ .--'-'-:_.....;:._..~..~""'.....~~ FAQ ABOUT NOTICING 1. Q. Do I have to do this noticing, and what is this notice for? A. You do not have to do this noticing. You need to publish a notice if you want to ensure that a "third party" cannot challenge the District's action on your permit or exemption at some future date. If you choose not to publish, there is no time limit to a third party's right to challenge the District's action. 2. Q. What do I need to send to the newspaper? A. The enclosed one page notice form entitled "Notice of Final Agency Action (or Proposed Agency Action) By The Southwest Florida Water Management District." You must fill in the blanks before sending it. 3. Q. Do I have to use the notice form, or can I make up my own form? A. You do not have to use our form. However, your notice must contain all information that is in the form. 4. Q. Do I send the newspaper the whole form (one page) or just the top portion that has blanks? A. Send the full page form which includes the NOTICE OF RIGHTS section on the bottom half. 5. Q. Do I type or print the information in the blanks? Or will the newspaper fill in the blanks? A. You are required to fill in the blanks on the form before sending it to the newspaper. Contact your selected newspaper for instructions on printing or typing the information in the blanks. 6. Q. The section 50.051, F.S. (enclosed) proof of publication form of uniform affidavit has blanks in the text. Do I fill in these blanks and send that to the newspaper? A. No. That section shows the affidavit the newspaper will send you. They will fill in the blanks. 7. Q. If someone objects, is my permit or exemption, no good? A. If you publish a notice and a "third party" files a request for administrative hearing within the allotted time, the matter is referred to an administrative hearing. While the case is pending, generally, you may not proceed with activities under the challenged agency action. When the hearing is complete, the administrative law judge's (ALJ) recommendation is returned to the District Governing Board, and the Governing Board will take final action on the ALJ's recommendation. There is no time limit for a "third party" to object and file a request for administrative hearing if you do not publish a notice. 8. Q. I don't understand what I should put in the blanks on the Notice form? A. 1. County, Section/Township/Range, application No., permit No., proposed permit No., Exemption No., or permit inquiry No. is on your Permit, Exemption, or Denial document. 2. Permit Type or Application Type is Environmental Resource Permit, Water Use Permit, Work of the District, etc. 3. # of Acres is the project acres. This is listed on the Environmental Resource Permit documents. For Water Use Permits, Exemptions, etc., you may put "Not Applicable" if unknown. 4. Rule or Statute reference (Exemptions only). The rule and/or statute reference is at the top of page one in the reference line of the Exemption. For all others, put "Not Applicable" in this blank. 5. Type of Project describes your project activity. Environmental Resource Permit = Agriculture, Commercial, Government, Industrial, Mining, Road Projects, Residential, Semi-Public or Water Quality Treatment. Water Use Permit = Agricultural (if irrigating, state that it is irrigation and specify what is being irrigated), Industrial Commercial, Recreation Aesthetic, Mining Dewatering, or Public Supply. Work of the District = pipeline, etc. 6. Project Name is the name of your project, if applicable. If there is no project name, put "Not Applicable" in this blank. 4? 00-039 (Rev 09/01\