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<br />FAO ABOUT NOTICING
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<br />1. O. Do I have to do this noticing, and what is this notice for?
<br />A. You do not have to do this noticing. You need to publish a notice if you want to ensure that a "third
<br />party" cannot challenge the District's action on your permit, exemption, or petition at some future date. If
<br />you choose not to publish, there is no time limit to a third party's right to challenge the District's action.
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<br />2. O. What do I need to send to the newspaper?
<br />A. The enclosed one page notice form entitled "Notice of Final Agency Action (or Proposed Agency
<br />Action) By The Southwest Florida Water Management District" You must fill in the blanks before
<br />sending it.
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<br />3. O. Do I have to use the notice form, or can I make up my own form?
<br />A. You do not have to use our form. However, your notice must contain all information that is in the
<br />form.
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<br />4. O. Do I send the newspaper the whole form (one page) or just the top portion that has blanks?
<br />A. Send the full page form which includes the NOTICE OF RIGHTS section on the bottom half.
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<br />5. O. Do I type or print the information in the blanks? Or will the newspaper fill in the blanks?
<br />A. You are required to fill in the blanks on the form before sending it to the newspaper. Contact your
<br />selected newspaper for instructions on printing or typing the information in the blanks.
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<br />6. Q. The section 50.051, F.S. (enclosed) proof of publication form of uniform affidavit has blanks in the
<br />text. Do I fill in these blanks and send that to the newspaper?
<br />A. No. That section shows the affidavit the newspaper will send you. They will fill in the blanks.
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<br />7, Q. If someone objects, is my permit or exemption no good?
<br />A. If you publish a notice and a "third party" files a request for administrative hearing within the allotted
<br />time, the matter is referred to an administrative hearing. While the case is pending, generally, you may
<br />not proceed with activities under the challenged agency action. When the hearing is complete, the
<br />administrative law judge's (AU) recommendation is returned to the District Governing Board, and the
<br />Governing Board will take final action on the AU's recommendation, There is no time limit for a "third
<br />party" to object and file a request for administrative hearing if you do not publish a notice.
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<br />8, Q. I don't understand what I should put in the blanks on the Notice form?
<br />A.
<br />1. County, SectionfTownship/Range, application No., permit No., proposed permit No., petition
<br />No., Exemption No., or permit inquiry No. is on your Permit, Petition, Exemption, or Denial
<br />document.
<br />2. Permit Type or Application Type is Environmental Resource Permit, Water Use Permit, Work of
<br />the District, etc.
<br />3. # of Acres is the project acres. This is listed on the Environmental Resource Permit documents.
<br />For Water Use Permits, Exemptions, etc., you may put "Not Applicable" if unknown.
<br />4. Rule or Statute reference (Exemptions only). The rule and/or statute reference is at the top of
<br />page one in the reference line of the Exemption For all others, put "Not Applicable" in this
<br />blank
<br />5. Type of Project describes your project activity. Environmental Resource Permit = Agriculture,
<br />Commercial, Government, Industrial, Mining, Road Projects, Residential, Semi-Public or Water
<br />Ouality Treatment. Water Use Permit = Agricultural (if irrigating, state that it is irrigation and
<br />specify what is being irrigated), Industrial Commercial, Recreation Aesthetic, Mining Dewatering,
<br />or Public Supply. Work of the District = pipeline, etc.
<br />6. Project Name is the name of your project, if applicable. If there is no project name, put "Not
<br />Applicable" in this blank
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<br />4200-039 (Rev Og/C
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