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FIRST INSERTION
PUBLIC NOTICE OF AGENCY ACTION TAKEN BY THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Notice is hereby given that the Florida Department of Environmental Protection (“Department”) has issued Environmental Resource Permit No. 0388974-002 EI for the River Forest Project, for a multi-slip docking facility located in Philippi Creek at 5245 S. Tamiami Trl, Sarasota, FL, in Section 08, Township 37, Range 18, Sarasota County. The Department has determined that the activity qualifies for an Environmental Resource Permit pursuant to Part IV of Chapter 373, Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.). The permit applicant is River Forest LLC - Raymond Ballou. Persons considered to be affected by this permit may request an administrative hearing. The request must be written and must adhere to the requirements of Chapter 28-106, Florida Administrative Code. Please see the below Notice of Rights. All requests for administrative hearings shall be sent to the Department Clerk in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.
The file(s) pertaining to the project referenced above is available for inspection Monday through Friday, except for legal holidays, 9:00 a.m. to 5:00 p.m. at the South District Office, 2295 Victoria Avenue, Suite 364, Fort Myers, FL 33901.
NOTICE OF RIGHTS
1. A person whose substantial interests are or may be determined has the right to request an administrative hearing by filing a written petition with the Department under Section 120.569 and 120.573, Florida Statutes. Mediation is not available. Pursuant to Rule 28-106.111, Florida Administrative Code, the petition must be received at the office of the Department Clerk in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000 within twenty-one (21) days of receipt of written notice of the decision or within twenty-one (21) days of newspaper publication of this Notice of Agency Action (for those persons to whom the Department does not mail actual notice). A petition must comply with Chapter 28-106, Florida Administrative Code.
2. A substantially interested person has the right to a formal administrative hearing pursuant to Section 120.569 and 120.57(1), Florida Statutes, where there is a dispute between the Department and the party regarding an issue of material fact. A petition for formal hearing must comply with the requirements set forth in Rule 28- 106.201, Florida Administrative Code.
3. A substantially interested person has the right to an informal hearing pursuant to Section 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute. A petition for an informal hearing must comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code.
4. A petition for an administrative hearing is deemed filed upon receipt of the petition by the Department Clerk at the Department Headquarters in Tallahassee, Florida.
5. Failure to file a petition for an administrative hearing within the requisite time frame shall constitute a waiver of the right to an administrative hearing pursuant to Rule 28-106.111, Florida Administrative Code.
6. The right to an administrative hearing and the relevant procedures to be followed is governed by Chapter 120, Florida Statutes, and Chapter 28-106, Florida Administrative Code.
7. Pursuant to Section 120.68, Florida Statutes, a person who is adversely affected by final Department action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to the Florida Rules of Appellate Procedure, within 30 days of the rendering of the final Department action.
8. For appeals to the District Courts of Appeal, a Department action is considered rendered after it is signed on behalf of the Department, and is filed by the Department Clerk.
9. Any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department.
10. Failure to observe the relevant time frames for filing a petition for judicial review, or for Commission review, will result in waiver of the right to review.
February 11, 2022 22-00283S