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State of Florida
Department of Environmental Protection Notice of Issuance
of Environmental Resource Permit
State-owned Submerged Lands Authorization
The Department of Environmental Protection has granted an Environmental Resource Permit, number 0314411-001 EI, to Yucatan Waterfront, Inc., c/o Hans Wilson & Associates, Inc., 1938 Hill Avenue, Fort Myers, FL 33901. The permit authorizes the following:
The permittee is authorized to remove 18 existing pilings and construct a 10' x 16' access dock, a 30' by 5' aluminum ADA complaint ramp and a 900 square foot floating dock with seven (7) uncovered slips in Matlacha Pass, Class II Outstanding Florida Waters, prohibited for shellfish harvesting, and part of Matlacha Pass Aquatic Preserve. Those activities include the construction and use of a commercial dock, comprising 1,210 square feet and preemption of 4,519 square feet (0.1acres) of state-owned sovereignty submerged lands. Authorized activities are depicted on the attached exhibits. To comply with state water quality standards, the permittee shall construct a stormwater management system. The stormwater management system will consist of a 0.07 ac-ft Stormwater Vault serving the entire 1.13 acre site. The stormwater management system will provide the ¾-inchs of required treatment. Stormwater from the site will sheet flow into the catch basin to the vault system. The weir elevation from the stormwater vaults is 1.90 ft NAVD.
In order to satisfy public interest requirements, the permittee is required to install 8 pilings with FWC and CHAP approved seagrass and shallow area caution signs.
The activities authorized by this permit and sovereignty submerged lands authorization are located at 4851/4859/4875 Pine Island Rd. NW, Parcel ID #'s 24-44-22-01-00003.0210/24-44-22-01-00003.0200/24-44-22-01-00003.0150, Matlacha, Florida 33993, in Section 24, Township 44 South, Range 22 East, in Lee County. Public interest project adjacent to project location.
The Department has determined that the activity qualifies for an Environmental Resource Permit. Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of Chapter 373, Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.).
As staff to the Board of Trustees under Sections 253.002, F.S., the Department has determined that the activity qualifies for and requires a lease, as long as the work performed is located within the boundaries as described and is consistent with the terms and conditions herein
Mediation is not available in this proceeding.
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 hearing process may result in a modification of the agency action or even denial of the application.
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. 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 14 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 14 days of publication of the notice or within 14 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 14 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.
November 20, 2020 20-04037L