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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 128502-027 EI, to Boating Gear Center, LLC, aka Marine Max, c/o Hans Wilson & Associates, Inc., 1938 Hill Avenue, Fort Myers, FL 33901. The permit authorizes the following:
The permittee is authorized to dredge to -7' Mean Low Water, 37,730 sf. (0.87 acres) of tidal waters; 96,680 sf. (2.22 acres) of uplands; for a total of 134,410 sf. (3.08 acres). Work will include removing approximately 975 linear feet of vertical seawall, 213 linear feet of riprap revetment, and 894 square feet (0.02 acres) of mangroves. The excavated material will be processed through an upland material management site and trucked from there to an upland disposal site. A turbidity monitoring station will be located 200' downstream of the project site. The proposed work consists of removing all vertical seawalls and revetments surrounding the peninsula; clearing and grubbing the upland; dredging the basin to a uniform depth of -7' Mean Low Water; constructing a 20' wide mangrove planter shelf around the entire wall; stabilizing the toe of the shelf with a limestone riprap revetment; installing a retaining wall to retain stormwater and direct it to treatment areas interior of the peninsula; and planting 1,423 wetlands plants on 3'centers. The applicant proposes to install 14,379 square feet of new dock with 35 uncovered slips. The dock will include four 6'wide by 30' long aluminum gangways (720 sf.). They will land on four 8' wide by 15'long floating access docks (480 sf.) connected to an 8' wide shore parallel floating dock (9,008 sf.). Sixteen 5' wide by 50' long floating finger piers (4,000 sf.) will connect to the main floating dock with 3' x 3' triangle corner braces (171 sf.) The docks will be installed after the completion of the living shoreline and riprap revetment. The anchor pilings and mooring pilings will be installed simultaneously, specifically to match the pile guides in the floating docks with the anchor piling placement. The mooring pilings will be the last structures installed. The South Peninsula currently has 35 slips, and that number will remain the same with the slip sizes being expanded to accommodate larger vessels. The docks will provide mooring for private recreational vessels ranging in size from 50' to 100' with drafts up to 5.5'. The vessels are predominantly for sale and generally intended for another port of destination. However, the applicant will also be renting these slips to the public. The navigational access from the proposed marina to the Caloosahatchee River, Class III waters is via a marked and county-maintained access channel that accommodates vessels of similar sizes mooring in the North Canal and at the west end of the Main Peninsula.
The activities authorized by this permit are located at 14010-040 McGregor Blvd. (Parcel ID 29-45-24-00-00011.002A), Fort Myers, Florida 33919, in Section 29, Township 45 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.).
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.
May 3, 2024 24-01751L