PUBLIC NOTICE

NOTICE OF DECISION BY THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

TO RELY ON GENERAL PERMIT BY RULE

The District gives notice of its decision to rely on a general permit by rule, under Rule 40C-2.042(10), F.A.C., for its consumptive use of water from Black Creek in Clay County, Florida, for the Black Creek Water Resource Development Project, Item # 1453331.  The purpose of this Project is to recharge the upper Floridan aquifer near Keystone Heights using harvested excess surface water flows from Black Creek.  The District intends to withdraw up to 10 million gallons per day of water from an intake structure on the South Fork of Black Creek, near Penney Farms on State Road 16, located at Latitude 29°58'47.00"N, Longitude 81°51'8.50"W; Section 13, Township 6 South, Range 24 East, in Clay County, Florida.  The water will be diverted into Alligator Creek near Treat Road near Camp Blanding property.  The consumptive use is based on an analysis contained in an August 2018 Report titled “Black Creek Water Resource Development Project: Consumptive Use Permit Application,” and located in Regulatory Item # 1453331.  The Report contains the withdrawal schedule and demonstrates that the proposed use of water is limited to only that necessary for efficient utilization, and will not interfere with any presently existing legal use of water.  The Report evaluated the flows and water levels of Black Creek for the Project to develop a schedule for withdrawal from the creek that will maintain its hydrology and hydraulics and minimize impacts to the environment.  Under the withdrawal schedule, no water will be withdrawn from Black Creek when flows are less than 25 cubic feet per second (cfs). 

A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code (F.A.C.), the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P.O. Box 1429, Palatka FL 32178-1429 (4049 Reid St, Palatka, FL 32177) or by e-mail with the District Clerk at Clerk@sjrwmd.com, within twenty-one (21) days of newspaper publication of the notice of District decision. A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes (F.S.), and Chapter 28-106, F.A.C. The District will not accept a petition sent by facsimile (fax). Mediation pursuant to Section 120.573, F.S., may be available if you meet the conditions stated in the full Notice of Rights (see last paragraph).  A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka, Florida during the District’s regular business hours. The District's regular business hours are 8 a.m. – 5 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District's regular business hours shall be deemed filed as of 8 a.m. on the District’s next regular business day. The District's acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District’s Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, F.A.C.), which is available for viewing at sjrwmd.com. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District’s Statement of Agency Organization and Operation, attempting to file a petition by facsimile (fax) is prohibited and shall not constitute filing.

The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, F.A.C., and Rule 40C- 1.1007, F.A.C. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District's final action may be different from the position taken by it in this notice. Failure to file a petition for an administrative hearing within the requisite time frame shall constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, F.A.C.).

 If you wish to receive a copy of the August 2018 Report that provides the analysis of the District’s withdrawal, please submit your request to: Director, Office of Records and Regulatory Support, P.O. Box 1429, Palatka, FL 32178-1429. You may also review it by going to the District's Web Site at https://www.sjrwmd.com/permitting/, clicking the “Regulatory permit search” oval, selecting the “Compliance Activity” tab, enter either the Item # (1453331) or the Project Name (Black Creek Water Resource Development Project), and then clicking “Search.” 

Click on the blue item number, which will generate a Chronology document containing a link to the Report.

If you wish to do so, please visit https://www.sjrwmd.com/permitting/notice-of-rights/#intended-decision  to read the complete Notice of Rights to determine any legal rights you may have concerning the District's decision described above. You can also request the Notice of Rights by contacting the Office of Records and Regulatory Support, 4049 Reid St., Palatka, FL 32177-2529, tele. no. (386)329-4570.

Legal 36432 Published July 21, 2022 in Clay County's Clay Today Newspaper