Legal notices for July 1, 2016

Posted on July 1, 2016

NOTICE OF PROCEDURES FOR THE CLOSING OF STRUCTURE EASEMENTS
TO WHOM IT MAY CONCERN:
You will take notice that the Board of County Commissioners of Taylor County, Florida, upon the petition of certain of the adjacent landowners to hereinafter described property, will at 6:00 p.m. on the 19th day of July, 2016 at the Taylor County Administrative Complex, 201 East Green Street, Perry, Florida, 32347, consider and determine whether the County will vacate, abandon, close, abrogate, renounce and disclaim any and all right of the County and public in that certain Structure Easement dated July 14, 2003, and recorded with the Clerk of the Circuit Court, Taylor County, Florida, in Official Record Book 506, Pages 335 and 336, which runs over, upon or through the following described parcel of land, lying and being in Taylor County, Florida, on behalf of Steinhatchee Rivergate LLC, and described as follows:
STEINHATCHEE RIVERGATE LLC EASEMENT FOR ENCROACHMENT INTO THIRTEENTH STREET EAST R/W:
Commence at the Northeast corner of Lot 1, Block 34, of Steinhatchee Subdivision as per plat on record in the Office of the Clerk of the Circuit Court of Taylor County, Florida, in Plat Book 1, Page 26 and run South 00° 14‘ 18” West along the West right of way of Thirteenth Street, East 204.98 feet for the Point of Beginning; thence from said Point of Beginning, run South 89° 45’ 42” East, 8.00 feet; thence run South 00° 14’ 18” West, parallel to said right of way line, 31.56 feet; thence run North 89° 45’ 42” West, 8.00 feet to the said right of way line; thence run North 00° 14” 18’ East, along said right of way line, 31.56 feet to the Point of Beginning. Said parcel contains 0.005 acre, (252 sq. feet) more or less.
PERSONS INTERESTED MAY APPEAR AND BE HEARD AT THE TIME AND PLACE ABOVE SPECIFIED.
A copy of the petition is available to the public at the Planning Department of Taylor County during regular business hours.
Notice is also given pursuant to Florida Statute 286.105, that any persons deciding to appeal any matter considered at this pubic hearing will need a record of the meeting and may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
This hearing may be continued from time to time as may be necessary.
This Notice shall be mailed to property owners within 500 feet of the property directly affected and whose address is known by reference to the latest approved ad valorem tax roll.
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF INTENT TO ISSUE PERMIT
The Department of Environmental Protection gives notice of its intent to issue a permit to city of Perry, Mr. Robert A. Brown, Jr., City Manager, 224 South Jefferson Street, Perry, Florida 32348, for a revision to the current permit. This permit revision includes modification/construction of the wastewater treatment system which will consist of construction of a new headwords, a new oxidation ditch which will replace the existing aerated lagoon system and the extended aeration package plant; a new secondary clarifier;
expansion of the chlorine contact chamber; conversion of the existing aerated lagoon to an aerobic digester; and construction of three new sludge drying beds. There are not any changes to the permitted capacity or any changes to the limitations of the existing permit. The facility is located at latitude 29°54’33.5556″ N, longitude 83°38’4.9619″ W on 507 Goff St, Perry, Florida 32347-3900 in Taylor County. The Department has assigned permit file number: FL0026387-010-DW1P
The intent to issue and application file 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’s Northeast District Office, 8800 Baymeadows Way West, Suite 100, Jacksonville, Florida 32256-7577, at phone number (904)256-1700.
The Department will issue the permit with the attached conditions unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57, Florida Statutes, within fourteen days of receipt of notice. The procedures for petitioning for a hearing are set forth below.
A person whose substantial interests are affected by the Department’s proposed permitting decision may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, Florida Statutes. 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), Florida Administrative Code, a person may request an extension of the time for filing a petition for an administrative hearing. The request must be filed (received by the Clerk) in the Office of General Counsel before the end of the time period for filing a petition for an administrative hearing.
Petitions filed by any persons other man. those entitled to written notice under Section 120.60(3), Florida Statutes, must be filed within fourteen days of publication of the notice or within fourteen days of receipt of the written notice, whichever occurs first. Section 120.60(3), Florida Statutes, however, also allows that any person who has asked the Department in writing for notice of agency action may file a petition within fourteen 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 or request for an extension of time within fourteen days of receipt of notice shall constitute a waiver of that person’s right to request an administrative determination (hearing) under Sections 120.569 and 120.57, Florida Statutes- Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106-205, Florida Administrative Code.
A petition that disputes the material facts on which the Department’s action is based must contain the following information, as indicated in Rule 28-106.201, Florida Administrative Code:
(a) The name and address of each agency affected and each agency’s file or identification number, if known;
(b) The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioner’s 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 will be affected by the determination;
(c) A statement of when and how the petitioner received notice of the Department’s decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the Department’s proposed action;
(f) A statement of the specific rules or statutes the petitioner contends require reversal or
modification of the Department’s proposed action, including an explanation of bow the alleged facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely me action petitioner wishes the Department to take with respect to the Department’s proposed action.
Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department’s final action may be different from the position taken by it in this notice. Persons whose substantial interests will be affected by any such final decision of the Department have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above.
In addition to requesting an administrative hearing, any petitioner may elect to pursue mediation. The election may be accomplished by filing with the Department a mediation agreement with all parties to the proceeding (i.e., the applicant, the Department, and any person who has filed a timely and sufficient petition for a hearing). The agreement must contain all the information required by Rule 28-106.404, Florida Administrative Code. The agreement must be received by the Clerk in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within, ten days after the deadline for filing a petition, as set forth above. Choosing mediation will not adversely affect the right to a hearing if-mediation does not result in a settlement.
As provided in Section 120.573, Florida Statutes, the timely agreement of all parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, for holding an administrative hearing and issuing a final order. Unless otherwise agreed by .the parties, the mediation must be concluded within sixty days of the execution of the agreement. If mediation results in settlement of the administrative dispute, the Department must enter a final order incorporating the agreement of the parties. Persons seeking to protect their substantial interests that would be affected by such a modified final decision must file their petitions within fourteen days of receipt of this notice, or they shall be deemed to have waived their right to a proceeding under Sections 120.569 and 120-57, Florida Statutes-If mediation terminates without settlement of the dispute, the Department shall notify all parties in writing that the administrative hearing processes under Sections 120.569 and 120.57, Florida Statutes, remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes.

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