NOTICE OF AGENCY ACTION TAKEN BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

NOTICE OF AGENCY ACTION TAKEN BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION The Department of Environmental Protection gives notice of its issuance of Environmental Resource Permit #50-0165279-023-EI, and modification of sovereignty submerged land lease BOT No. 500026896 to RBY, LLC, c/o Tim Sargent, 14785 Preston Road, Suite 975, Dallas, TX 75254. The permit authorizes the partial demolition of 480 sq. ft of an existing floating dock. The existing gangway will be removed and reinstalled after construction to connect the southern travel lift pier to the existing floating dock that will remain. The permit authorizes the following activities: (1) the installation of a 55 ft. by 9 ft. concrete extension on two (2) existing travel lift piers (990 sq. ft. total); (2) the installation of eight (8) underpinned pile supports on the existing portion of the travel lift piers, four on each pier, and (3) the installation of two (2) fender piles waterward of the travel lift pier extensions. Entire overwater structure totals 736 sq. ft. The permit authorizes 1,216 square feet of work within other surface waters. The number of wet slips at this marina remains unchanged at 10 slips. The modification of the sovereignty submerged land lease is to include the description of the above-mentioned activities, all of which will occur within the boundaries of the existing sovereignty submerged land lease. The activities authorized by this Permit and state-owned submerged lands authorization are located within Intracoastal Waterway, Class III Waters, adjacent to 1940 Avenue C, Riviera Beach, FL, 33404 (Section 28, Township 42 South, Range 43 East), in Palm Beach County (Latitude N 26°46'43.0422", Longitude W 80°3'12.7716"). The application is available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at 3301 Gun Club Road, MSC 7210-1, West Palm Beach, FL 33406. The Department's agency action shall become final unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. The procedures for petitioning for a hearing are set forth below. A person whose substantial interests are affected by the Department's permitting decision may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. The petition must contain the information set forth below and must be filed (received) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Petitions filed by any persons other than those entitled to written notice under Section 120.60(3), F.S., must be filed within twenty-one days of publication of the notice or receipt of the written notice, whichever occurs first. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person 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. 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, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; 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 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 the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes 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 petitioner wishes the agency to take with 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. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the Department's final action may be different from the position taken by it in this notice. Persons whose substantial interests will be affected by any such final decision of the Department have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. Mediation is not available in this proceeding, Any party to this order has the right to seek judicial review of it under Section 120.68, F.S., by filing a notice of appeal under rule 9.110 of the Florida Rules of Appellate Procedure with the clerk of the Department in the Office of General Counsel, Mail Station 35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within thirty days after this order if filed with the clerk of the Department. September 3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23 2025 LSAR0361348