BEFORE THE STATE OF FLORIDA by 7439JqI3

VIEWS: 0 PAGES: 5

									                                                                       DEP FO # 09-0607

                        BEFORE THE STATE OF FLORIDA
                DEPARTMENT OF ENVIRONMENTAL PROTECTION

In re:

CITY OF ALTAMONTE SPRINGS
EMERGENCY AUTHORIZATION TO
LOWER INLET TO EXISTING MODIFIED                                      CASE NO.: 09-2885
DRAINAGE WELL AND CONSTRUCT/OPERATE
OLD DRAINAGE WELL ASSOCIATED WITH
THE LAKE ORIENTA PROJECT
___________________________________/

                              EMERGENCY FINAL ORDER

         Under section 120.569(2)(n), Florida Statutes, the State of Florida Department of

Environmental Protection (the Department) enters the following Emergency Final Order,

including findings of fact and conclusions of law, in response to emergency conditions in

order to prevent flooding which would affect existing homes in the area around the Lake

Orienta project in the City of Altamonte Springs (City).

                                   FINDINGS OF FACT

         1. Because of last month’s extremely heavy rainfall in the area (over 20 inches)

and continuing heavy rainfall with more predicted, flooding exists around the shores of

Lake Orienta, threatening thirteen residences, an apartment complex, and two

condominium developments. The current high level of the lake is causing flooding and it

certainly cannot sustain any additional rainfall without causing more flooding to homes

and condominiums surrounding the lake.

         2. Such flooding presents an imminent threat to this neighborhood. The

Department finds that this potential for flooding is threatening the public health, safety,

and welfare throughout the areas noted above.
       3. The lake level drainage wells are not operating at peak efficiency because of

increased hydraulic pressure in the Floridan aquifer. The Department finds that

emergency authorization to lower the inlets to the existing modified drainage wells

located at 421 Barclay Avenue to 58.03 feet NAVD88 and at 319 Barclay Avenue to

57.98 feet NAVD88 will be required to stop the threat of flooding.

                                    CONCLUSIONS OF LAW

       4. Section 120.569(2)(n), Florida Statutes, gives the agency head the authority to

issue an immediate final order when he finds that an immediate danger to the public

health, safety, or welfare requires immediate action, and the order recites with

particularity the facts underlying that conclusion.

       5. Based on the findings recited above, I find and conclude that an emergency

caused by heavy rainfall that would cause flooding in the Lake Orienta project area

requires an immediate order of the Department to protect the public health, safety, and

welfare.

THEREFORE, IT IS ORDERED:

       1. The City of Altamonte Springs is authorized to lower the inlets to the existing

modified drainage wells, associated with the Lake Orienta project, located at 421 Barclay

Avenue to 58.3 feet NAVD88 and at 319 Barclay Avenue to 58.98 feet NAVD88.

       2. The authorization by this order expires on November 30, 2009. The City will

bring both inlet elevations back to the original elevations immediately after November

30, 2009.

       3. The City of Altamonte Springs will provide to the Department in writing no

later than December 20, 2009, the volume of fluid injected during the period of




                                              2
authorization. This value may be calculated based on rainfall records, lake level,

drainage basin area, or similarly relevant information.

       4. The City of Altamonte Springs will provide the Department with water quality

analyses for the primary and secondary drinking water regulations listed in rules 62-

550.310 and 62-550.320, Florida Administrative Code. These samples should be

representative of the fluids being injected. One sample will be taken while using the

modified drainage wells under this emergency authorization.

       5. The Department issues this Emergency Final Order solely to address the

emergency that would be caused by flooding in the Lake Orienta project area. This order

shall not be construed to authorize any activity within the jurisdiction of the Department

except in accordance with the express terms of this order.

       6. Nothing in this order shall eliminate the necessity for obtaining any other

federal, state, or local permits or other authorizations that may be required.

       7. This Emergency Final Order shall take effect immediately and shall expire on

November 30, 2009.

                                   NOTICE OF RIGHTS

        Any person substantially affected by this order has the right to seek judicial

review of it under section 120.68 of the Florida Statutes, by filing a notice of appeal

under rules 9.110 and 9.190 of the Florida Rules of Appellate Procedure, with the Clerk

of the Department in the Office of General Counsel, Mail Station 35, 3900

Commonwealth Boulevard, Tallahassee, Florida 32399-3000, and by filing a copy of the

notice of appeal accompanied by the applicable filing fees with the appropriate district




                                              3
court of appeal. The notice of appeal must be filed within thirty days after this order is

filed with the Clerk of the Department.

       DONE AND ORDERED this _5th__ day of _June____ 2009.



                                              STATE OF FLORIDA DEPARTMENT
                                              OF ENVIRONMENTAL PROTECTION



                                              __/s/____________________
                                              MICHAEL W. SOLE
                                              Secretary

                                              3900 Commonwealth Boulevard
                                              Tallahassee, Florida 32399-3000
                                              Telephone 850/245-2011

FILED on this date pursuant to
Section 120.52, F.S., with the
designated Department Clerk,
receipt of which is hereby
acknowledged.



/s/________________      _6/5/09________
Clerk                     Date




                                              4
                           CERTIFICATE OF SERVICE

      I CERTIFY that a true copy of the foregoing Emergency Order
was mailed to William R. Baer, Director of Public Works, City of Altamonte Springs,
225 Newburyport Avenue, Altamonte Springs, Florida 32701, (and FAXED to him at
407-571-8350); and Vivian Garfein, District Manager, DEP Central District, Suite 232,
3319 Maguire Boulevard, Orlando, Florida 33803-3767 on this 8th day of June, 2009.




                                           STATE OF FLORIDA DEPARTMENT
                                           OF ENVIRONMENTAL PROTECTION




                                           _/s/_____________________________
                                           Cynthia K. Christen
                                           Senior Assistant General Counsel

                                           3900 Commonwealth Boulevard
                                           Mail Station 35
                                           Tallahassee, Florida 32399-3000
                                           Tel. (850) 245-2230
                                           Fax. (850) 245-2297




                                          5

								
To top