26-00415P

FIRST INSERTION
Notice of Permit Issuance and Petition Rights of Substantially Effected Parties

The Department of Environmental Protection issued on February 9, 2026, an Environmental Resource Permit, DEP Project No. 51-0405917-002-EI to Clyde J. Keys, 10101 Tarpon Springs Road, Odessa, FL 33556 to fill 5.69 acres of Depression Marsh due to the addition of approximately 11.70 acres of impervious surface within the landward extent of Ehren Cutoff Creek, a Class III Florida Waterbody, including the construction of a ready-mix concrete plant with a Type I and Type II wastewater system. The application is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at Florida Department of Environmental Protection, Southwest District, 13051 North Telecom Parkway #101, Temple Terrace, Florida 33637-0926.
The Department’s agency action in issuing the Permit shall become final unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. The procedures for petitioning for a hearing are set forth below.
A person whose substantial interests are affected by the Department’s permitting decision may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. The petition must contain the information set forth below and must be filed (received) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000 or via electronic correspondence at [email protected].
Petitions filed by any persons other than those entitled to written notice under Section 120.60(3), F.S. must be filed within twenty-one days of publication of the notice or receipt of the written notice, whichever occurs first. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person 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.
A petition 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 e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is
not represented by an attorney or a qualified representative; 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 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 action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s
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 action.
Persons whose substantial interests will be affected by any such final decision of the Department have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. Mediation is not available in this proceeding. 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) or to intervene in this proceeding and participate as a party to it.
Pursuant to Section 120.68, Florida Statutes, and in accordance with Florida Rule of Appellate Procedure 9.110, a party who is adversely affected by final Department action may seek judicial review of the Department’s final decision by filing a notice of appeal with the Office of the General Counsel in accordance with the filing instructions set forth herein within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice with the appropriate district court of appeals via the Florida Courts E-Filing Portal.
February 27, 202626-00415P

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