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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF ISSUANCE OF AN ENVIRONMENTAL RESOURCE PERMIT
The Department of Environmental Protection has granted an Environmental Resource Permit, number 0418953-003 EI, to Cape Parkway, LLC, c/o Hans Wilson & Associates, Inc., 1938 Hill Avenue, Fort Myers, FL 33901. The permit authorizes the following:
The permittee is authorized to remove three damaged docks totaling 565 square feet and replace them with a 30-slip marina including 14 finger piers and a fuel dock for a new total over water structure of approximately 3,126 square feet in the Mandolin Canal, Class II Waters, Unclassified for shellfish harvesting. The marina will provide temporary mooring to patrons as an amenity to the upland bar and food truck park. The marina will also provide fueling services. The following is a summary of the proposed work components. The applicant intends to offer temporary mooring to patrons of the upland development. The slip sizes are as follows. Slips 1-12: 10'w x 28'l temporary mooring as an amenity for the upland development; • Slips 12-26: 14'w x 30'l temporary mooring as an amenity for the upland development; Slips 27-30: 14'w x 30'l temporary mooring for fueling services. Docks: The proposed docks will consist of finger piers to provide temporary mooring to patrons of the upland development and a fuel dock to provide fueling services. All docks will be constructed using CCA treated cap board and stringer substructures with wooden or composite decking. Structural cross bracing will be constructed on the outside bent of all piers and alternating bents thereafter. The dock components are as follows:
Finger Piers: (14) 4'w x 39'l fixed wooden finger piers of varying elevation (2,184 sf over water). Fuel Dock: (1) 6'w x 157'l fixed wooden boardwalk of varying elevation (942 sf over water). In summary the proposed marina will consist of 3,126 sf of over water area. The project is located at 2501 Cape Coral Parkway, Parcel ID 08-45-24-C4-00001.0000, Cape Coral, Florida 33904, in Section 08, Township 45, Range 24, in Lee County.
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.).
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.
April 14, 2023 23-01072L