Notice of intent to issue Environmental Resource Permit for sand mine expansion.

STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF INTENT TO 
ISSUE PERMIT
The Department of Environmental Protection gives notice of its intent to issue an Environmental Resource Permit (File No. MMR_261422-009) to Bermont Properties LLC, for the standalone expansion to an existing sand mine in Charlotte County, with a project name of Clarion Lakes II. The project modification involves a 260.05-acre expansion of a sand mine in Section 34. The estimated life of the mine, including reclamation, will be 10- years. There are 0 acres of proposed wetland impacts, and OSW impacts to exempt ditches on site.
Upon completion of mining the modification area, Upon completion of mining, Clarion Lakes II shall consist of approximately 91.03ac of improved pastures (FLUCCS 211), and 169.02ac of Lakes (FLUCCS 520), totaling 260.05ac. 575.20-acres, the total permit boundary, including Clarion Lakes I and the standalone Clarion Lakes II. This site is within the Cypress Slough-Shell Creek drainage basin, Peace River Basin, Class III waters. Charlotte County, Section: 34, Township: 40 South, Range: 26 East.
The Department will issue the environmental resource permit unless a timely petition for an administrative proceeding (hearing) is 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.
Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department.
The application file is available online and can be accessed through the DepartmentsInformation Portal at
https://depedms.dep.state.fl.us:443/Oculus/servlet/shell?command=hitlist&[freeText=]&[folderName=]&[profile=Permitting_Authorization]&[creator=]&[entityType=any]&[createdDateTo=]&[catalog=26]&[searchBy=Profile]&[sortBy=Document+Date]&[createdDate=]&{Facility-Site+ID=_EQ_MMR_261422}
If you have any questions or experience difficulty viewing the electronic application, please email MiningAndMitigation@dep.state.fl.us
Petition for Administrative Hearing
A person whose substantial interests are affected by the Departments 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 agencys 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 petitioners representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioners 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 agencys proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agencys 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 agencys 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 or at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.
Time Period for Filing a Petition
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 persons 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.
Extension of Time
Under rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Departments 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.
Mediation
Mediation is not available in this proceeding.
The files associated with this order are available upon request. Please address your request to MiningAndMitigation@dep.state.fl.us and include the file number in your request.
Publish: 03/31/26
309538   3986589