STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF INTENT TO ISSUE PERMIT
The Department of Enviromental Protection gives notice of its intent to issue a permit (DEP File No. 62-200654-002-EI) and authorization to use sovereignty submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) to Mr. Charles Norwood, Sea Hag Marina, Inc., to expand and reconfigure an existing commercial marina and associated upland amenities. Expansion includes the addition of 46 wet slips, the dredging of approximately 1,000 cubic yards of material and shoreline stabilization.
The activity is located at 322 Riverside Drive, Steinhatchee, Florida 32359, Section 26, Township, 09S, Range 09E, in Taylor County, at Latitude 29˚40’28.65″/Longitude -83˚23’15.21″, Steinhatchee River, Class III Waters, not within Outstanding Florida Waters, not an aquatic preserve, not a shellfish harvesting area. Offsite dredge material management area (DMMA) is to be located at 102 Park Avenue SE, Steinhatchee, Florida 32359, Taylor County.
Under this intent to issue, the permit and intent to grant a lease are hereby granted subject to the applicant’s compliance with any requirement in this intent to publish notice of this intent in a newspaper of general circulation and to provide proof of such publication in accordance with Section 50.051 of the Florida Statutes. This action is final and effective on the date filed with the Clerk of the Department unless a sufficient petition for an administrative hearing is timely filed under Sections 120.569 and 120.57 of the Florida Statutes as provided below. If a sufficient petition for an administrative hearing is timely filed, this intent to issue automatically becomes only proposed agency action on the application, subject to the result of the administrative review process. Therefore, on the filing of a timely and suffficient petition this action will not be final and effective until further order of the Department. When proof of publication is provided, if required by this intent, and is sufficient petition is not timely filed, the permit and authorization to use sovereignty submerged lands will be issued as a ministerial action, and a lease will be executed. The actual terms of the lease will be formally executed at a later date and shall include provisions for rents and such other provisions as normally are included in such lease. Because an administrative hearing may result in the reversal or substantial modification of this action, the applicant is advised not to commence construction or other activities until the deadlines noted below for filing a petition for an administrative hearing or request for an extension of time have expired and until the permit and proprietary authorization have been issued and the lease has been executed and delivered.
Mediation is not available.
A person whose substantial interest are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.539 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed (recieved by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.
Under Rule 62-110.106(4) of the Florida Administrative Code, a person whose substantial interests are affected by the Department’s action may also request an extentions 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. Request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If a request is filed late, the Department may still grant it upon a motion by the requesting party showing that the failure to file a request for and extension of time before the deadline was the result of excusable neglect.
If a timely and sufficient petition for an administrative hearing is filed, other persons whose substaintial interest will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be permitted opnly at the discretion of the presiding officer upon the filing of a motion in the compliance with Rule 28-106.205 of the Florida Administrative Code.
In accordance with Rule 28-106.111(2) and 62-110.106(3)(a)(4), petitions for an administrative hearing by the applicant must be filed within 14 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) of the Florida Statutes must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3) of the Florida Statutes, however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication.
The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure to any person to file a petition for an administrative hearing within the appropiate time period shall constitute a waiver of that person’s right to request an administrative determination (hearing) under sections 120.569 and 120.57 of the Florida Statutes.
A petition that disputes the material facts on which the Department’s action is based 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, 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 warrent 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; and
(g) A Statement of the relief sought by the petitioner, stating precisely the action that the petitionr wishes the agency o take respect to the agency’s proposed action. A petition that does not dispute the material facts on which the Department’s action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule 28-106.301.
Under Sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed.
This intent to issue constitutes an order of the Depatment. Subject t the provisionsof paragraph 120.68(7)(a) of the Florida Statutes, which may require a remand for an administrative hearing, the applicant has the right to seek judicial review of the order under Section 120.68 of the Florida Statutes, by he filing of a notice of appeal under Rule 9.3110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, 32399-3000; and by filing a copy of the notice of appeal must be filed within 30 days from the date when the order is filed with the Clerk of the Department. the applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275 of the Florida Statutes, may also seek appellate review of the order before the Land and Water Adjudicatory Commision under Section 373.114(1) or 373.4275 of the Florida Statutes. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served to the Department within 20 days from the date when the order is filed with the Clerk of the Department.