PUBLIC NOTICE
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
CONSOLIDATED NOTICE OF INTENT TO ISSUE
ENVIRONMENTAL RESOURCE PERMIT AND
AUTHORIZATION TO USE SOVEREIGN AND SUBMERGED LANDS
The Department of Environmental Protection gives notice of its intent to issue an Environmental Resource Permit (File No. 50-0455378-001-EI) and letter of consent to use sovereign submerged lands to Jupiter Narrows Conservation Alliance c/o Susan Panella, President and Co-Founder, 375 Beach Road, Tequesta, FL 33469 to stabilize and restore three mangrove islands within a section of the Intracoastal Waterway known as the Jupiter Narrows, at 26°57'18.2178", -80°4'39.2210", in Jupiter in Palm Beach County. Work on the northern island consists of the following: 1) installation of 6,450 sq. ft. of breakwater; 2) installation of a 1,017 sq. ft. toe wall; and 3) planting of 1,956 sq. ft. of mangroves. Work on the central island consists of the following: 1) installation of 4,911 sq. ft. of breakwaters; 2) installation of a 578 sq. ft. toe wall; and 3) planting of 1,187 sq. ft. of mangroves. Work on the southern island consists of the following: 1) installation of a 2,040 sq. ft. breakwater; 2) installation of a 376 sq. ft. of toe wall; and 3) planting of 959 sq. ft. of mangroves. A total of 330 red mangroves (Rhizophora mangle) and black mangroves (Avicennia germinans) will be planted in accordance with the submitted mangrove planting plan.
The application file is available online and can be reached through the Department's Information Portal at: https://prodenv.dep.state.fl.us/DepNexus/public/electronic-documents/ERP_455378/facility!search
The Department will issue the environmental resource permit and letter of consent to use sovereign submerged lands, unless a timely petition for an administrative proceeding (hearing) is filed under sections 120.569 and 120.57, Florida Statutes, 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 subsequent order may modify or take a different position than this action.
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, Florida Statutes. Pursuant to rule 28-106.201, Florida Administrative Code, 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, or via electronic correspondence 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 applicant and persons entitled to written notice under Section 120.60(3), F.S., 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. 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 via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the 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.
December 31 2025
LSAR0431700