885-0429 FCRN PUBLIC NOTICE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF ISSUANCE OF ERP PERMIT The Department of Environmental Protection (Department) gives notice of issuance of an Environmental Resource Permit (ERP)/water quality certification (File Number MMR_312680-002) to United States Gypsum Company, c/o Mr. Mike Favo, Plant Manager, 6825 Evergreen Avenue, Jacksonville, Florida 32208, to construct an extension to its existing synthetic gypsum storage and handling facility and increase the storage capacity of the stormwater pond, at the Crystal River Gypsum Storage and Handling Facility in Citrus County. Approximately 6.73 acres consisting of 6.44 acres of tree plantations and 0.29 acres of isolated mixed wetland forests will be impacted by the proposed work, bringing the total area of the facility from 5.43 acres to 12.16 acres. The extended gypsum storage area (6.33 acres) will be constructed adjacent to and to the east of the existing storage facility, and will be lined with high-density polyethylene (HDPE) liner and geosynthetic reinforcement on the base. An extended perimeter swale (lined with HDPE) will be constructed around the area, and will tie to the southeastern portion of the existing stormwater pond. The extension of the stormwater pond (0.4 acres) will take place on the north side. The pond will be excavated to an elevation of approximately 6.5 feet (NAVD88). Stormwater up to the 100-year, 24-hour storm will be contained within the completed surface water management system. No dewatering is anticipated during construction of the proposed expansion. Groundwater quality monitoring is currently being provided by a network of six existing shallow monitoring wells located around the perimeter of the stormwater management system. The construction phase of this permit expires in five (5) years. The project site is located along the south boundary of a 176.59-acre rectangular tract of land that was purchased from Holcim (US) Incorporated. Although extension of the existing synthetic gypsum storage area will result in adverse impacts to 0.29 acres of isolated mixed wetland forests, these impacts were previously mitigated under Holcim (Permit No. 09-295217-9), which included land donation, wetland creation, and wetland restoration. This project is located in the northwest corner of Citrus County, Florida, approximately 3 miles west of US Highway 19, at North Suncoast Boulevard, Crystal River, Florida, in Section 27, Township 17 South, Range 16 East and Section 28, Township 17 South, Range 16 East. The affected forested wetlands lie in the Springs Coast Watershed, Class III waters. Under this intent to issue, the permit is hereby granted subject to the applicants compliance with any requirement in this intent to publish notice of this intent in a newspaper of general circulation and to provide proof of such publication in accordance with section 50.051, F.S. This action is final and effective on the date filed with the Clerk of the Department unless a sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120.57, F.S., as provided below. If a sufficient petition for an administrative hearing is timely filed, this intent to issue automatically becomes only proposed agency action on the application, subject to the result of the administrative review process. Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. When proof of publication is provided, if required by this intent, and if a sufficient petition is not timely filed, the permit will be issued as a ministerial action. Because an administrative hearing may result in the reversal or substantial modification of this action, the applicant is advised not to commence construction or other activities until the deadlines noted below, for filing a petition for an administrative hearing or request for an extension of time, have expired and until the permit has been executed and delivered. Mediation is not available. 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. The petition must contain the information set forth below and 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. 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. 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. If a request is filed late, the Department may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect. If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205, F.A.C. 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 subsection 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 subsection 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 petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that persons right to request an administrative determination (hearing) under sections 120.569 and 120.57, F.S. A petition that disputes the material facts on which the Departments action is based must contain the following information: The name and address of each agency affected and each agencys file or identification number, if known; The name, address, 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 petitioner's substantial interests are or will be affected by the agency determination; A statement of when and how the petitioner received notice of the agency decision; A statement of all disputed issues of material fact. If there are none, the petition must so indicate; 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; 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 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. A petition that does not dispute the material facts on which the Departments action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule 28-106.301, F.A.C. Under paragraphs 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. This intent to issue constitutes an order of the Department. Subject to the provisions of paragraph 120.68(7)(a) , F.S., which may require a remand for an administrative hearing, the applicant has the right to seek judicial review of the order under section 120.68, F.S., by the filing of a notice of appeal under rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, 32399-3000, and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within 30 days from the date when the order is filed with the Clerk of the Department. The applicant, or any party within the meaning of paragraph 373.114(1)(a) or section 373.4275, F.S., may also seek appellate review of the order before the Land and Water Adjudicatory Commission under subsection 373.114(1) or section 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when the order is filed with the Clerk of the Department. The files associated with this order are available upon request. Please address your email request to MiningAndMitigation@dep.state.fl.us or contact our office at 850.245.8336. Please include the file number in your request. Published April 29, 2016.