-
-
Loading
Loading
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF ISSUANCE OF A CONSOLIDATED ENVIONMENTAL RESOURCE PERMIT AND SOVEREIGNTY SUBMERGED LANDS LEASE AUTHORIZATION
The Department of Environmental Protection has granted an Environmental Resource Permit, number 0253834-003 EI, to River Refuge LLC- Dennis Fullenkamp, c/o Hans Wilson & Associates, Inc., 1938 Hill Avenue, Fort Myers, FL 33901. The permit authorizes the following:
The permittee is authorized to renovate and expand an existing marina. The marina will provide a mix of wet and dry storage, fuel sales, and will include observation piers and wetland creation. The applicant proposes 200 wet slips and 200 dry slips. The following overwater structure is proposed:
1. Dock A: 8' wide x 255' long fixed dock, (2,040 sf.)
2. Dock B: 6' wide x 393' long fixed access dock (2,358 sf.); (19) 4' wide x 40' long fixed finger piers, (3,040 sf.); (4) 4' wide x 60' long fixed finger piers, (960 sf.); (6,358 sf. total)
3. Dock C: 8' wide x 280 long floating access dock (2,240 sf.); (8) floating finger piers 5' wide x 40' long (1,600 sf.); (8) floating finger piers 5' wide x 60' long (2,400 sf.); (6,240 sf. total)
4. Dock D: 5' wide x 30' long ramp (overwater 150 sf.) to access an 8' wide x 280 long floating access dock (2,240 sf.); (10) 5' wide x 40' long floating finger piers (2,000 sf.); (3) 5' wide x 60' long floating finger piers (900 sf.); (2) 5' wide x 30' long floating finger piers (300 sf.); (5,590 sf. total)
5. Dock E: 8' wide x 140 long floating access dock (1,120 sf.); (5) 5' wide x 40' long floating finger piers (1,000 sf.); (3) 5' wide x 60' long floating finger piers (900 sf.); (3,020 sf. total)
6. Dock F: 8' wide x 335 long floating access dock, 2,680 sf.
7. Dock G: 6' wide x 195 long fixed access dock (1,170 sf.); (10) 4' wide x 40' long fixed finger piers (1,600 sf.); (1) 4' wide x 60' long fixed finger pier (240 sf.); (3,010 sf. total)
8. Dock H: 8' wide x 54' long access across tidal lagoon (430 sf.), 5' wide x 30' long ramp (150sf.), 8' wide x 310' long floating dock, (3,060 sf. total)
9. Dock I: 6' wide x 600 long fixed access dock (3,600 sf.), 5' wide x 350' long fixed access dock(1,750 sf.) (5,350 sf. total)
10. Dock J: (2) 8' wide by 140' long floating access docks to be used for temporary mooring for dry storage staging, (2,240 sf.) and (2) 5' wide by 30' long ramps (300sf.); (2,540 sf. total)
11. An observation platform, 5' wide by 180' long access walkway to a 10' by 10' platform (1,000 sf)
The total overwater structure proposed is 40,890 square feet.
In order to create the marina expansion, the following dredge and fill activities are authorized:
1. Upland excavation to create the new marina basin: 322,000 sf. (7.39 ac.)117,600 cy
2. Upland excavation to create tidal lagoons: 502,900 sf. (11.54 ac.) 95,300 cy.
3. Dredging of existing marina basin to -6' MLW: 101,400 sf. (2.33 ac.) 6,000 cy.
4. Filling of existing ponds to a depth of -1' MLLW to enhance the function as a tidal lagoon, total 44,200 cy.
This permit also authorizes the construction and use a dry detention stormwater management system to treat the stormwater runoff from the dry storage building and showroom and concrete boat launch area. The detention basins will be located under the boat storage racks. This permit also authorizes the construction of 4,300 linear feet of seawall in the basin and sections of the tidal lagoon, and 470 linear feet of existing seawall to be replaced. The tidal lagoons will be stabilized with riprap at a slope of 3:1 Horizontal:Vertical. A total of 7,500 linear feet (12,000 cy) of riprap is authorized. This permit also authorizes the maintenance dredging of an existing private channel to a depth of -5 feet Mean Low Water with a 0.5-foot overdredge tolerance. To offset the impacts to 2.43 acres of wetlands from the above-described activities, the permittee will use the 1.42 excess net gain of functional units from the mitigation project authorized by the South Florida Water Management District Permit 36-104026-P. The activities authorized by this permit are located at 3911 Orange Grove Blvd, Parcel ID 16-44-24-15-0000A.0000, North Fort Myers, Florida 33903, Class III Waters, Section 16, Township 44 South, Range 24 East, 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.).
Sovereignty Submerged Lands Authorization The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) and issues certain authorizations for the use of sovereign submerged lands. The Department has the authority to review activities on sovereign submerged lands under Chapters 253 and 258 of the Florida Statutes, and Chapters 18-18, 18-20, and 18-21, Florida Administrative Code, as applicable.
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.
January 6, 2023 23-00033L