Petitioner: SUMTER CITIZENS AGAINST IRRESPONSIBLE DEVELOPMENT, INC.; KENNETH ROOP; AUBREY VARNUM; AND T. DANIEL FARNSWORTH
Respondent: SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND VILLAGES OF LAKE-SUMTER, INC.
Judges: DON W. DAVIS
Agency: Water Management Districts
Locations: Bushnell, Florida
Filed: Mar. 20, 2002
Status: Closed
Recommended Order on Monday, June 24, 2002.
Latest Update: Aug. 12, 2002
Summary: Whether proposed Water Use Permits Nos. 20012236.000 (the Potable Water Permit) and 20012239.000 (the Irrigation Permit) and proposed Environmental Resource Permit No. 43020198.001 (the ERP) should be issued by the Respondent, Southwest Florida Water Management District (the District).Applicants have given reasonable assurances and complied with all applicable criteria with result that water use, irrigation, and environmental resource permits should be issued.
Ronnie E. Duncan
Chair, Pinellas
Thomas G. Dabney, iI
Vice Chair, Sarasota
Heidi B. McCree
Secretary, Hillsborough
Watson L. Haynes, Il
Treasurer, Pinellas
Edward W. Chance
Manatee
Monroe “Al” Coogier
Citrus
Maggie N. Dominguez
Hillsborough
Pamela L. Fentress
Highlands
Ronald C. Johnson
Polk
Janet D. Kovach
Hillsborough
John K. Renke, Ill
Pasco
E. D. “Sonny” Vergara
Executive Director
Gone A. Heath
Assistant Executive Director
William S. Bilenky
General Counsel
yr
Protecting ‘our
Water Resources
eet ae
Tampa Service Office
7601 Highway 304 North
Tampa, Florida 33637-6759
(813) 985-7481 or
1-800-836-0797 (FL only)
SUNCOM 578-2070
August 6, 2002
Ms. Ann Cole, Clerk
(e- 2H Ce
Southwest Florida
Bartow Service Office
170 Century Boulevard
Bartow, Florida 33830-7700
(863) 534-1448 or
1-800-492-7862 (FL only)
SUNCOM 572-6200
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
Subject:
2379 Broad Street, Brooksvitle, Florida 34604-6899
(352) 796-7211 or 1-800-423-1476 (FL only)
SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only)
On the Internet at: WaterMatters.org
Sarasota Service Office
6750 Fruitville Road
Sarasota, Florida 34240-9711
(941) 377-3722 or
1-800-320-3503 (FL only)
SUNCOM 631-6900
Dd ClO 8?
Lecanto Service Office
3600 West Sovereign Path
Suite 226
Lecanto, Florida 34461-8070
(352) 527-8131
SUNCOM 667-3271
Sumter Citizens Against Irresponsible Development, Inc., et al. v.
Southwest Florida Water Management District and The Villages of
Lake Sumter, Inc. - DOAH Case Nos. 02-1122 and 02-1123
Dear Ms. Cole:
| As required by Subsection 120.57(1)(k), Florida Statutes, enclosed for filing in
the above-referenced cases is a copy of the Final Order approved by the
District Governing Board on July 30, 2002.
Please contact me at the District's Brooksville office, extension 4660, if you
have any questions about this matter.
Sincerely,
plied Goinbeie
Margaret M. Lytle
Assistant General Counsel
MML
Enclosure
‘S:\MyFtles\MargLt\DOAHF OLkSumter. wed
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BEFORE THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, ‘> )
hen 2.
9%
ORDER NO. SWF 02-051
SUMTER CITIZENS AGAINST IRRESPONSIBLE a
DEVELOPMENT, INC., KENNETH ROOP, AUBREY
VARNUM, and T. DANIEL FARNSWORTH,
Petitioners,
vs. CASE NOS. 02-1122
02-1123
SOUTHWEST FLORIDA WATER MANAGEMENT 02-1124
DISTRICT and THE VILLAGES OF LAKE-SUMTER,
INC.,
Respondents,
and
NORTH SUMTER UTILITY COMPANY, L.L.C., and
THE VILLAGES WATER CONSERVATION
AUTHORITY, L.L.C.,
Intervenors.
NOTICE OF ENTRY OF FINAL ORDER
Notice is hereby given that the attached Final Order (No. SWF-02-051) in the
above-styled proceeding was entered by the Southwest Florida Water Management
District (the District) on July 30, 2002 and was filed with the Agency Clerk and therefore
rendered on July 30, 2002. This Notice is given and a copy of the attached Final Order
mailed to the attorney or representative of record for each party in the proceeding as
required by Section 120.569(1), Florida Statutes (F.S.).
In accordance with Section 120.569(1), F.S., each party is hereby informed that
the following judicial review may be available: A party who is adversely affected by final
agency action may seek review of the action in the appropriate District Court of Appeal
pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rule 9.110,
Florida Rules of Appellate Procedure, within thirty (30) days after the rendering of the
final action by the District.
PLEASE BE GOVERNED ACCORDINGLY.
4) <,
l/r, oe a
Villiam S: Bilenky
General Counsel
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Entry
of Final Order and attached Final Order have been sent by United States mail or hand-
delivered to the following this 3/** day of July 2002.
John R. Thomas, Esquire
Thomas & Associates, P.A.
233 Third Street, Suite 101
St. Petersburg, Florida 33701
Michael A. Skelton, Esquire
11007 North 56" Street, Suite 204
Temple Terrace, Florida 33617
Margaret M. Lytle, Assistant General Counsel
Steve Rushing, Senior Attorney
Southwest Florida Water Management District
2379 Broad Street
Brooksville, FL 34604-6899
Martha Harrell Chumbler, Esquire
Nancy G. Linnan, Esquire
Carlton Fields Law Firm
Post Office Drawer 190
Tallahassee, Florida 32302 Vi s
S. Bil nky
/
William
BEFORE THE GOVERNING BOARD OF THE
SOUTHWEST FLORIDA WATER MANAGEMENT, DISTRICT. <;aie troarnga
FILED
ORDER NO. SWF 02-051
SUMTER CITIZENS AGAINST IRRESPONSIBLE
DEVELOPMENT, INC., KENNETH ROOP, AUBREY
VARNUM, and T. DANIEL FARNSWORTH,
Oste
Petitioners,
vs. , CASE NOS. 02-1122
02-1123
SOUTHWEST FLORIDA WATER MANAGEMENT 02-1124
DISTRICT and THE VILLAGES OF LAKE-SUMTER,
INC.,
Respondents,
and
NORTH SUMTER UTILITY COMPANY, L.L.C., and
THE VILLAGES WATER CONSERVATION
AUTHORITY, L.L.C.,
Intervenors.
FINAL ORDER
THIS CAUSE was heard by the Governing Board of the Southwest Florida
Water Management District pursuant to Sections 120.569 and 120.57(1), Florida
Statutes (F.S.),.for the purpose of issuing a final order in the above-styled proceeding,
including consideration of the Recommended Order of the Administrative Law Judge,
Don W. Davis (the ALJ), the exceptions filed by Petitioners, SUMTER CITIZENS
AGAINST IRRESPONSIBLE DAVELOPMENT, INC., KENNETH ROOP, AUBREY
VARNUM, and T. DANIEL FARNSWORTH, and the response to exceptions filed by
Respondent, THE VILLAGES OF LAKE-SUMTER, INC. and Intervenors NORTH
TOUMTER UTILITY COMPANY, L.L.C. and THE VILLAGES WATER CONSERVATION
AUTHORITY, L.L.C. (the Applicants).
i
1. On June 24, 202, the ALJ issued his Recommended Order in this matter,
Order. On July 15, 2002, the Applicants filed a timely response to Petitioners’
exceptions.
3. The Governing Board has reviewed the Recommended Order and it is
hereby adopted and incorporated herein by reference in its entirety.
4, The Governing Board has also reviewed the exceptions filed by
Petitioners and the response filed by the Applicants, and rejects all of the exceptions for
the reasons expressed in the Rulings on Exceptions to Recommended Order, which are
attached hereto and incorporated herein by reference as Exhibit “B.”
WHEREFORE, the Governing Board hereby issues Water Use Permit Nos.
20012236.000 and 20012239.000 and Environmental Resource Permit No.
43020198.001, copies of which are attached hereto as Exhibits “C”, “D”, and “E”,
respectively, .
DONE AND ORDERED by the Governing Board of the Southwest Florida Water
Management District this 3¢_ day of ae 2002 in Brooksville, Hernando County,
Florida.
SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT
Approved as to Legal Form and
Content
By:
ie E. Duncan, Chair
=F aed
Attest, 1 MAL YA
Heidi B. McCree, Secretary
(Seal)
Deputy/Agency Clerk
COPIES FURNISHED:
John R. Thomas, Esquire
Thomas & Associates, P.A.
233 Third Street, Suite 101
St. Petersburg, Florida 33704
Michael A. Skelton, Esquire
41007 North 56" Street, Suite 204
Temple Terrace, Florida 33617
Margaret M. Lytle, Assistant General Counsel
Steve Rushing, Senior Attorney
Southwest Florida Water Management District
2379 Broad Street
Brooksville, Florida 34604-6899
Martha Harrell Chumbler, Esquire
Nancy G. Linnan, Esquire
Carlton Fields Law Firm
Post Office Drawer 190
Tallahassee, Florida 32302
Docket for Case No: 02-001123
Issue Date |
Proceedings |
Aug. 12, 2002 |
Final Order filed.
|
Jun. 24, 2002 |
Recommended Order issued (hearing held May 20-22, 2002) CASE CLOSED.
|
Jun. 24, 2002 |
Recommended Order cover letter identifying hearing record referred to the Agency sent out.
|
Jun. 17, 2002 |
Attachment to Petitioner`s Second Notice of filing SJRWMD`S Fourth Amended Order Declaring a Severe Water Shortage as Petitioner`s EXH. No. P-10 filed. |
Jun. 17, 2002 |
Petitioner`s Second Notice of Filing SJRWMD`S Fourth Amended Order Declaring a Severe Water Shortage as Petitioner`s EXH. No. P-10 filed. filed.
|
Jun. 14, 2002 |
Letter to Judge Davis from M. Lytle enclosing electronic version of the applicant`s models submitted during the hearing held May 20-22, 2002 filed.
|
Jun. 10, 2002 |
Petitioner`s Notice of Filing SJRWMD`S Fourth Amended Order Declaring a Severe Water Shortage as Petitioner`s EXH. No. P-10 filed.
|
Jun. 03, 2002 |
Notice of filing Joint Proposed Recommended Order of Respondent and Intervenors filed.
|
Jun. 03, 2002 |
Petitioners` Joint Proposed Recommended Order filed.
|
Jun. 03, 2002 |
Joint Proposed Recommended Order of the Respondents and Intervenors filed.
|
May 29, 2002 |
Letter to Judge Davis from M. Chumbler enclosing 4 exhibits filed.
|
May 24, 2002 |
Transcript of Proceedings (Volume1-6) filed.
|
May 24, 2002 |
Notice of Filing Transcript filed by Respondent/Intervenor.
|
May 20, 2002 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
May 15, 2002 |
Joint Prehearing Stipulation (filed via facsimile).
|
May 13, 2002 |
Amended Notice of Hearing issued. (hearing set for May 20 through 23, 2002; 10:30 a.m.; Bushnell, FL, amended as to location and additional date).
|
May 13, 2002 |
Letter to Judge Davis from M. Chumbler confirming conversation of the location change for hearing. (filed via facsimile).
|
May 13, 2002 |
Notice of Taking Deposition Duces Tecum, D. Seereeram (filed via facsimile).
|
May 08, 2002 |
Notice of Taking Deposition, K. Roop, T.D. Farnsworth, R. Weir, A. Varnum, W. Wing, Mr. Paxton (filed via facsimile).
|
May 06, 2002 |
Villages of Lake-Sumter, Inc.`s Notice of Filing Answers to Petitioners` First Set of Interrogatories (filed via facsimile).
|
May 06, 2002 |
Response of the Villages Water Conservation Authority to Petitioners` Request for Production of Documents (filed via facsimile).
|
May 06, 2002 |
Response of the Villages of Lake-Sumter, Inc., to Petitioners` Request for Production of Documents (filed via facsimile).
|
May 06, 2002 |
Intervenor`s Notice of Filing Answers to Petitionees` First Set of Interrogatories (filed via facsimile).
|
May 06, 2002 |
Notice of Appearence (filed by S. Rushing via facsimile).
|
May 02, 2002 |
Respondent Southwest Florida Water Management District`s Response to Petitioners` Request for Production (filed via facsimile).
|
May 02, 2002 |
Notice of Service of Respondent Southwest Florida Water Management District`s Answers to Petitioners` First Set of Interrogatories to the District (filed via facsimile).
|
May 02, 2002 |
Respondent Southwest Florida Water Management District`s Answers to Petitioner`s First Set of Interrogatories to the District (filed via facsimile).
|
Apr. 25, 2002 |
Order issued. (deadline for intervenors to deliver their responses to the April 17, 2002 discovery is shorten to 5/2/02)
|
Apr. 23, 2002 |
Intervenors` Amended Response to Motion to Shorten Discovery Response Time filed.
|
Apr. 23, 2002 |
Intervenors` Response to Motion to Shorten Discovery Response Time filed by Petitioner.
|
Apr. 22, 2002 |
Motion to Shorten Time for Response to Petitioners` Initial Written Discovery, or in the Alternative Motion for Continuance (filed by Petitioner via facsimile).
|
Apr. 18, 2002 |
Amended Notice of Serving Petitioners` First Set of Interrogatories to the Utility (filed via facsimile).
|
Apr. 18, 2002 |
Amended Notice of Serving Petitioners` First Set of Interrogatories to the Applicant (filed via facsimile).
|
Apr. 18, 2002 |
Amended Notice of Serving request for Production (filed by Petitioner via facsimile).
|
Apr. 18, 2002 |
Notice of Appearance (filed by Petitioner via facsimile).
|
Apr. 11, 2002 |
Amended Notice of Hearing issued. (hearing set for May 20 through 22, 2002; 10:30 a.m.; Bushnell, FL, amended as to issues).
|
Apr. 09, 2002 |
Amended Notice of Hearing issued. (hearing set for May 20 through 22, 2002; 10:30 a.m.; Bushnell, FL, amended as to time of hearing).
|
Mar. 29, 2002 |
Order of Pre-hearing Instructions issued.
|
Mar. 29, 2002 |
Notice of Hearing issued (hearing set for May 20 through 22, 2002; 9:00 a.m.; Bushnell, FL).
|
Mar. 28, 2002 |
Joint Response to Initial Order (filed via facsimile).
|
Mar. 27, 2002 |
Respondent/Intervenors First Request to Produce to petitioner T. Daniel Farnsworth (filed via facsimile).
|
Mar. 27, 2002 |
Respondent/Intervenors First Request to Produce to Petitioner Aubrey Varnum (filed via facsimile).
|
Mar. 27, 2002 |
Respondent/Intervenors First Request to Produce to Petitioner Kenneth Roop (filed via facsimile).
|
Mar. 27, 2002 |
Respondent/Intervenors First Request to Produce to Petitioner SCAID (filed via facsimile).
|
Mar. 26, 2002 |
First Interrogatories to Sumter Citizens Against Irresponsible Development, Inc. filed by M. Chumbler
|
Mar. 26, 2002 |
Notice of Serving First Interrogatories on Sumter Citizens Against Irresponsible Development, Inc. filed by M. Chumbler
|
Mar. 26, 2002 |
First Interrogatories to the Petitioner, Keeneth Roop filed by M. Chumbler |
Mar. 26, 2002 |
Notice of Serving First Interrogatories on Petitioner, Kenneth Roop filed.
|
Mar. 26, 2002 |
First Interrogatories to Petitioner, T. Daniel Fransworth filed. |
Mar. 26, 2002 |
Notice of Serving First Interrogatoires on Petitioner, T. Daniel Fransworth filed.
|
Mar. 26, 2002 |
First Interrogatories to Petitioner, Aubrey Varnum filed by M. Chumbler
|
Mar. 26, 2002 |
Notice of Serving First Interrogatories on Petitioner, Aubrey Varnum filed by M. Chumbler
|
Mar. 25, 2002 |
Order Granting Consolidation and Intervention issued. (consolidated cases are: 02-001122, 02-001123) |
Mar. 25, 2002 |
Order Granting Consolidation and Intervention issued. (consolidated cases are: 02-001122, 02-001123)
|
Mar. 21, 2002 |
Initial Order issued.
|
Mar. 20, 2002 |
Petition for Formal Administrative Hearing filed.
|
Mar. 20, 2002 |
Notice of Proposed Agency Action filed.
|
Mar. 20, 2002 |
Agency referral filed.
|
Orders for Case No: 02-001123
Issue Date |
Document |
Summary |
Jul. 30, 2002 |
Agency Final Order
|
|
Jun. 24, 2002 |
Recommended Order
|
Applicants have given reasonable assurances and complied with all applicable criteria with result that water use, irrigation, and environmental resource permits should be issued.
|