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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF ISSUANCE OF VERIFICATION OF EXEMPTIONS AND GENERAL PERMIT
The Department of Environmental Protection has granted several verification of exemptions, numbers 58-0179501-007/008/009/011/012 and one general permit, numbers 58-0179501-010, to MarineMax East, c/o Hans Wilson & Associates, Inc., 1938 Hill Avenue, Fort Myers, FL 33901. The permit authorizes the following:
The permittee is authorized to do the following:
Project -007: Install 140 new dry slips (no in-water works); Project -008: Replace 1,154 linear feet of seawall and cap and 435 linear feet of seawall cap, within 18 inches of the existing seawall; Project -009: Replace 8 fixed wooden docks, one 195' x 8' concrete floating dock and 377 linear feet of boardwalk and dock; Permit -010: Remove two existing finger piers and construct two 55' x 3' wooden finger piers and two 55' x 4' concrete finger piers for use by the travellift; Project -011: install 15 boat lifts; and Project -012: To replace the 8 finger piers with 8 finger piers measuring 3'w x 20'l.
The site is located at 1601 Ken Thompson Parkway, Sarasota, Florida 34236, Parcel ID No. 200803 0001 in a man-made basin, Class III Waters and New Pass, Class II Outstanding Florida Waters, Prohibited for shellfish harvesting, Section 23, Township 36 South, Range 17 East, Sarasota County.
Based on the information submitted, the Department has verified that the activity as proposed in Project -008 is exempt under Chapter 62-330.051(12)(b), Florida Administrative Code, from the need to obtain a regulatory permit under Part IV of Chapter 373 of the Florida Statutes.
Based on the information submitted, the Department has verified that the activity as proposed in Project -009 is exempt under Chapter 62-330.051(5)(d), Florida Administrative Code, from the need to obtain a regulatory permit under Part IV of Chapter 373 of the Florida Statutes.
Based on the information submitted, the Department has determined that the activity as proposed in Project -007/011/012 are exempt, under Section 373.406(6) of the Florida Statutes, from the need to obtain a regulatory permit under Part IV of Chapter 373 of the Florida Statutes. This determination is made because the activity, in consideration of its type, size, nature, location, use and operation, is expected to have only minimal or insignificant individual or cumulative adverse impacts on the water resources.
Based on the forms, drawings, and documents submitted with your notice, it appears that Project -010 meets the requirements for the general Permit under Rule 62-330.475, Florida Administrative Code. Any activities performed under a general permit are subject to general conditions required in Rule 62-330.405, Florida Administrative Code (attached), and the specific conditions of Rule 62-330.475, Florida Administrative Code (attached). Any deviations from these conditions may subject the permittee to enforcement action and possible penalties.
This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. 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.
Mediation is not available in this proceeding.
A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-106.201, F.A.C., a petition for an administrative hearing must contain the following information:
(a) The name and address of each agency affected and each agency's file or identification number, if known;
(b) The name, address, any email address, any facsimile number, and telephone number of the petitioner; 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 are or will be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency 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 that the petitioner contends warrant reversal or modification of the agency's proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action.
The petition 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 or at [email protected]. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S. must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. 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, F.A.C.
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon.
March 10, 2017 17-00707S