Permit issued for excavation and sand placement at Silver Key Beach.

NOTICE
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
INTENT TO ISSUE PERMIT
 
The Department of Environmental Protection gives notice of its intent to issue an joint coatsal permit and letter of consent to use sovereign submerged lands (File No.0455605-001-JC) to the City of Sanibel, 800 Dunlop Rd, Sanibel, FL 33957 for the excavation of overwashed sand in Clam Bayou and placement on the dunes along the shoreline in the vicinity of Silver Key Beach.
 
The application file is available online and can be reached through the Departments Information Portal at: https://tinyurl.com/6h7evffs
 
The Department will issue the permit and letter of consent to use sovereign submerged lands, unless a timely petition for an administrative proceeding is filed pursuant to the provisions of Sections 120.569 and 120.57, F.S. The actual terms of the letter of consent will be formally executed at a later date and shall include provisions for rents and such other provisions as normally are included in such letter of consent.  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 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), F.S., 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), F.S., 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 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.
 
Mediation is not available in this proceeding.
 
 
 
 
 
May 4 2026
LSAR0510261