Notice of Publication

Notice of Publication File Name: Demboski Riprap Legal Description: THAT PORTION OF PARKWAY ALONG WATERFRONT LYING NORTH OF THE EASTERLY EXTENSION OF THE NORTHERN LINE OF LOT 9 BLOCK 8 AND LYING SOUTHERLY OF THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 20 BLOCK 7 HOBE SOUND ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2 PAGE 99 PUBLIC RECORDS PALM BEACH NOW MARTIN COUNTY FLORIDA (Parcel ID #26-39-42-001-007-00001-0) DEP File No.: 43-0446053-005-EE State of Florida Department of Environmental Protection Notice of Proposed Agency Action The Department of Environmental Protection gives notice of its proposed agency action to issue a Verification of Exemption to Thomas and Jamie Demboski, 3915 SE Mentmore Lane Stuart, FL 334997 (File No.: 43-0446053-005-EE) to 1) to remove the existing concrete riprap rubble, retaining the natural stone to be reused; 2) to repair and replace 38 linear feet (16 cubic yards) of riprap within 18 inches of the existing riprap and footprint (wetface to wetface), to extend waterward no more than 10 feet from the mean high water line; and 3) to install a new 38 linear foot retaining wall to be located one (1) foot landward of the mean high water line and solely in the uplands. The project is located in the Indian River, within the Jensen Beach to Jupiter Inlet Aquatic Preserve, Outstanding Florida Waters, Class III Waters, adjacent to 9815 SE Cowles Street, Hobe Sound, FL 33455 (Section 26, Township 39 South, Range 42 East), in Martin County (Latitude N 27°3'15.8313", Longitude W 80°7'15.6897").The Departments's file is avaialble online and can be accessed through the Department's Information Portal at: Demboski Residence / ERP_446053. If you have any questions you may contact Michelle Simpson at Michelle.Simpson@FloridaDEP.gov. A person whose substantial interests are affected by the Department's proposed agency 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 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 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. In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the petitioner must be filed within 21 days of receipt of this notice. Petitions filed by any persons other than the petitioner, 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 or at agency_clerk@dep.state.fl.us, 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. Publication Dates LSAR0425589