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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF ISSUANCE OF AN ENVIRONMENTAL RESOURCE PERMIT MODIFICATION
The Department of Environmental Protection has granted an Environmental Resource Permit Modification, number 0141599-004 EM, modifying number 0141599-003 EI, issued to Roberts Development Corporation, c/o Hans Wilson & Associates, Inc., 1938 Hill Avenue, Fort Myers, FL 33901. The permit authorizes the following:
The proposed permit modification are to: 1) To re-deck 18,100 square feet of fixed wooden docks in the same footprint; 2) To construct Dock E as a floating dock with an aluminum gangway and two finger docks in the same footprint for a total over water structure of 1,028 square feet; 3) To remove a portion of Dock A and move the finger pier over to create more space for a total over water structure of 10,770 square feet. The proposed modifications lead to an overall decrease in over water structure of approximately 772 square feet; and 4) The expiration date of the construction of the permit has been changed as follows: From: January 31, 2022 To: January 31, 2027
Modification to the permit reads as follows: The permittee is authorized to remove approximately 175 square feet (0.004 acres) of mangrove fringe and expand the existing 233-slip marina (100-wet slips, 133-dry slips) to a 415-slip marina (102-wet slips, 313-dry slips) through the: (1) construction of a 180-slip dry storage building and stormwater management system in uplands; (2) install 42 linear feet of riprap; (3) construction of a 29' x 20' travel lift launch pad at Dock G; (4) replacement of an existing 12-slip dock (Dock G) with a 6' x 130' fixed wood dock, and an 8' x 120' floating dock with a 5' x 30 aluminum gangway for the establishment of four permanent wet slips and 10 temporary wet slips to be associated with the proposed travel lift; (5) to replace the decking of the wooden fixed docks within the same footprint; (6) to construct Dock E as a floating dock with an aluminum gangway and two finger docks in the same footprint for a total over water structure of 1,028 square feet; (7) To remove a portion of Dock A and move the finger pier over to create more space for a total over water structure of 10,770 square feet.
The project is located in uplands and Punta Rassa Cove, a Class II Waterbody, prohibited for shellfish harvesting. The activities authorized by this permit are located at Port Sanibel Marina, 14320 Port Comfort Road (Parcel ID No:10-46-23-00-00003.0000, 10-46-23-00-00003.0100, 10-46-23-00-00003.0200), Fort Myers, Florida 33908, in Section 10, Township 46 South, Range 23 East in Lee County.
Since the proposed modification(s) along with the above amended permit conditions and monitoring requirements are not expected to result in any adverse environmental impact and water quality degradation, the permit is hereby modified as requested.
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 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.
June 25, 2021 21-02658L