that on February 7, 2018, the Department issued a Final Order, granting Texas Hold’em, LLC and Squeeze Me Inn, LLC’s, amended Petition for Waiver. The original Petition was received on August 11, 2017, and an amended Petition was received on ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Beaches and Coastal Systems

RULE NO.:RULE TITLE:

62B-33.008Application Requirements and Procedures for Areawide and Individual Permits

The Department of Environmental Protection hereby gives notice that on February 7, 2018, the Department issued a Final Order, granting Texas Hold’em, LLC and Squeeze Me Inn, LLC’s, amended Petition for Waiver. The original Petition was received on August 11, 2017, and an amended Petition was received on November 14, 2017. Notice of Receipt of the original Petition was published in the Florida Administrative Register on September 7, 2017. Notice of Receipt of the amended Petition was published in the Florida Administrative Register on December 1, 2017. The amended petition requested a waiver from the timing requirements for certain documentation to be submitted with an application for a Coastal Construction Control Line (CCCL) permit, in this case to allow a shared dune walkover structure at single-family homes on Little Estero Island. Specifically, Petitioners requested a waiver from paragraphs 62B-33.008(3)(c) and (d), F.A.C., which require that applicants provide: (1) written evidence from the appropriate local governmental entity having jurisdiction over the activity, that the proposed activity, as submitted to the Department does not contravene local setback requirements or zoning codes, and (2) sufficient evidence of ownership of the lands on which the activity to be conducted, with their permit application. No public comments were received in response to the notice of the amended petition; however, comments objecting to issuance of the permit were previously received from Brad Cornell, SW Florida Policy Associate, Audubon of Western Everglades/Audubon Florida/Florida Audubon Society in response to the notice of the original petition. The Order, file number LE -1567 V, OGC #17-0959, granted the Petitioners a waiver from paragraphs 62B-33.008(3)(c) and (d), F.A.C., based on a demonstration by the Petitioners of a legal hardship in obtaining both the “written evidence of local approval” and “sufficient evidence of ownership” prior to issuance of any CCCL permit, and a demonstration that the underlying purpose of the statutes will be met by waiving the timing requirements for the documentation specified in paragraphs 62B-33.008(3)(c) and (d), F.A.C., by imposition of special conditions in any issued CCCL permit that would require this documentation be provided to the Department before work could begin.

A copy of the Order or additional information may be obtained by contacting: Avery Lehmann, Department of Environmental Protection, MS 3522, 2600 Blair Stone Road, Tallahassee, Florida 32399, [phone] or by email at [e-mail], during normal business hours, 8:00 a.m. – 5:00 p.m. Monday through Friday, except legal holidays.