ROBINSON, KENNON & KENDRON, P.A. ATTORNEYS AT LAW BRUCE W. ROBINSON *t 582 WEST DUVAL STREET THOMAS J. KENNON, Ill tt KRIS B. ROBINSON POST OFFICE BOX 1178 JOHN J. KENDRON FREDERICK L. KOBERLEIN, JR. LAKE CITY, FLORIDA 32056-1178 CHERYLANN PATTERSON, AS, FRP Telephone (386) 755-1334 Paralegal to Bruce W. Robinson Facsimile (386) 755-1336 cap@rkkattorneys.com April 6, 2012 Linda G. Welch Rules and Contracts Coordinator Suwannee River Water Management District 9225 CR 49 Live Oak, Florida 32055 Re: Suwannee River Water Management District v. McNulty, Scott Your File No.: CE 10-0045 Our File No.: 12219-003 Dear Linda: Enclosed for your files in the above-referenced matter, please find the original Return of Service on the Administrative Complaint, which was served on Mr. McNulty on March 29, 2012. Should you have any questions or concerns, please do not hesitate to contact us. Wi yours,—. yy ff Ys 10 A Lae terson, AS, FRP With a Degree in Paralegal Studies to Bruce W. Robinson, Esquire i RECEIVEL Enclosures: as stated. SRWMD cc: Tom Reeves, Esquire . APR 9 2012 bet 1O- COUT ORIGINAL TO Bei STOO — Sous aan Lm fap *BOARD CERTIFIED CIVIL TRIAL ATTORNEY ttFLORIDA SUPREME COURT CERTIFIED FAMILY LAW MEDIATOR TFLORIDA SUPREME COURT CERTIFIED CIRCUIT CIVIL MEDIATOR Filed June 1, 2012 8:45 AM Division of Administrative Hearings RETURN OF SERVICE State of Florida County of Levy Court Case Number: FILE NO.: CE 10-0045 Plaintiff: Suwannee River Water Management District vs. Defendant: Scott McNulty For: Bruce Robinson Robinson, Kennon & Kendron, P.A. Post Office 1178 Lake City, FL 32056 Received by Express Legal Support Service on the 13th day of March, 2012 at 1:50 pm to be served on Scott McNulty, 7850 S.W. 126th Terrace, Cedar Key, FL 32625. |, Daniel Haddox, do hereby affirm that on the 29th day of March, 2012 at 7:53 pm, I: SUBSTITUTE served by delivering a true copy of the Administrative Complaint with the date and hour of service endorsed thereon by me, to: Tiffany Black as co. resident at the address of: 7850 S.W. 126th Terrace, Cedar Key, FL 32625, the within named person's usual place of Abode, who resides therein, who is fifteen (15) years of age or older and informed said person of the contents therein, in compliance with state statutes. | certify that | am over the age of 18, have no interest in the above action, and am a Certified Process Server, in good standing, in the judicial circuit in which the process was served. Under penalty of perjury | declare that the facts contained herein are true. NO NOTARY REQUIRED PURSUANT TO F.S. 92.525(2). yy : Daniel Haddox CPS 2010-006 Express Legal Support Service P.O. Box 1096 Live Oak, FL 32064 RECEIVED (386) 208-0841 SRWMD 5 Our Job Serial Number: EXL-2012000493 APR 9 2012 ORIGINAL TO FlLBopyighter192°2077 Database Services, Inc. - Process Server's Toolbox V6.5h COPIES TO_——_——_—_— SUWANNEE RIVER WATER MANAGEMENT DISTRICT FILE NO.: CE 10-0045 SUWANNEE RIVER WATER MANAGEMENT DISTRICT, Petitioner, SERVED: rtaw Breer tiles vs By: EEE , Date: 2¢m¢z-y2- Time:_7.ssPn z Cir. SCOTT MCNULTY, CPS __ 20-206 3rd Cir. Respondent. / ADMINISTRATIVE COMPLAINT The SUWANNEE RIVER WATER MANAGEMENT DISTRICT (the “District”), by and through its undersigned counsel, files this Administrative Complaint, pursuant to Florida Statute §120.569, Florida Statute §373.119, §28-106.2015, 40B-4 and 40B 400 of the Florida Administrative Code. 1. The District seeks the requirement of an Environmental Resource Permit (‘ERP) for construction of a road across wetlands without obtaining a permit, in violation of 40B-1.702(3) of the Florida Administrative Code, or restoration thereof. 72, Respondent built a road across wetlands in Levy County, Florida, which is within the boundaries of the District, without obtaining the ERP as required by 40B-1.702(3) and 40B-4.1040(1)(a) of the Florida Administrative Code. RECEIVED RECEIVED SRWMD SRWMD MAR 03 2012 APR ant 1 of 3 R 2012 ORIGINAL TO FILE COPIES TO . ———<— ORIGINAL TO FILE ———-- COPIESTO.. = S™~™S Sh, Rule 40B-4.2030(3) and section 12.1 of the Environmental Resource Applicant's Handbook adopted by reference in 40B-400.091 of the Florida Administrative Code requires the application for and obtaining of an ERP prior to impacting wetlands. 4. Petitioner seeks a requirement of the submission of an application for an ERP Permit, and a schedule of compliance or restoration, together with reimbursement of the District's administrative costs, attorneys’ fees and an assessed penalty. Sh, Respondent has the right to request a hearing to be conducted in accordance with sections §120.569 and §120.57 of the Florida Statutes, to be represented by counsel or other qualified representative, to present evidence or argument, to call and cross-examine witnesses and to have Subpoenas and Subpoenas Duces Tecum issued on his or her behalf, if requested. 6. Said request for hearing, if desired, must be made within twenty-one (21) days of the receipt of this Administrative Complaint. le The Request for an Administrative Hearing must be in writing, and must adhere to all of the guidelines and requirements set forth in Chapter 28 of the Florida Administrative Code. 8. It is the intent of the Suwannee River Water Management District to seek an Administrative Order requiring the obtaining of a permit, or the restoration of the property in question in Levy County, Florida; to seek administrative costs; attorneys’ fees; and the . as RECEIVED) imposition of a penalty as EvED SRWMD 20f3 MAR 03 201% APR 9 2012 ° aeIEOY ORIGINA: TO Fug COPIES ie — PIGINAL TO FILE Shee | DATED this (zt day of March, 2012. RECEIVED SRWMD APR 9 2012 JRIGINAL TO FILE______—— 1O__————_— SUWANNEE RIVER WATER MANAGEMENT DISTRICT BY: harles H. Houder, | Assistant Executive Director 9225 CR 49 Live Oak, FL 32060 Telephone: 800-226-1066 Facsimile: 386-362-1001 ROBINSON, KENNON & KENDRON, P.A. BY: : BRUCE W. ROBINS: Florida Bar No.: 143796 582 W. Duval Street Lake City, FL 32056-1178 Telephone: 386-755-1334 Facsimile: 386-755-1336 Attorneys for Petitioner, SRWMD RECEIVED SRWMD MAR 03 2012 ORIGINAL T0 FiLE 3 of 3 COPIES TO

Docket for Case No: 12-001968