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19-003356 THOMAS WILSON vs U.S. ARMY CORPS OF ENGINEERS AND FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (2019)

Division of Administrative Hearings, Florida Filed: Jun. 19, 2019

The issues to be determined are whether the U.S. Army Corps of Engineers (“Corps”) has demonstrated its entitlement to place dredged material from the maintenance dredging of the East Pass (“East Pass” or “inlet”) entrance channel conducted pursuant to Department of Environmental Protection (“DEP”) Permit Modification No. 0288799-006-JN (“Permit Modification”), as amended by the DEP’s August 21, 2019, Notice of Proposed Changes to Proposed Agency Action (“Proposed Change”) in the nearshore zone east of East Pass; and whether the East Pass Inlet Management Plan (“East Pass IMP”) is an unadopted rule as described in section 120.57(1)(e), Florida Statutes.The Corps of Engineers demonstrated that spoil from the dredging of East Pass should, to be compliant with section 161.142, Florida Statutes, be placed on adjacent eroding beaches east of the inlet.

19-001844 JOHN S. DONOVAN, DAVID H. SHERRY, AND REBECCA R. SHERRY vs CITY OF DESTIN, FLORIDA, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2019)

Division of Administrative Hearings, Florida Filed: Apr. 09, 2019

The issues to be determined is whether the City of Destin (“City”) has demonstrated its entitlement to place dredged material from the maintenance dredging of the East Pass (“East Pass” or “inlet”) entrance channel conducted pursuant to the Consolidated Joint Coastal Permit and Sovereign Submerged Lands Authorization, Permit Number: 0288799-003-JC (“Permit”), in the swash zone east of East Pass in accordance with the Notice to Proceed (“NTP”); and whether the Inlet Management Plan referenced in the NTP is an unadopted rule as described in section 120.57(1)(e), Florida Statutes. ˆ °*+ " , &-ˆ .# /!ˆ(0 / .!°/ ˜)1* $˜+!22-"°##3!4#/ 4$#!"ˆ##%'"ˆ #& ˆ'(# ! &" & !° %&' ˆ5#"! #% ˜$ !"ˆ&# ˆ !&ˆ 6## !( ! !'# $!"#%ˆ &6## "7 !'(! &" %ˆ &7ˆ6 !' # 8#ˆ# !'97!&ˆ: -( ˆ7;#"ˆ&#° ˆ%!7ˆ'ˆ# 4%9 #7! #&ˆ$%!" #! ' &ˆ : -"°" #@A%B@BC $# !'4 # %97!&ˆ%ˆ &4 (ˆ# D #!'/ ! D #ˆ7E!# #! 4$-$ˆ 3!:FC4CGHIC@ =!6 ˜" ˆ7$ˆ 3!:FCGHCJI °7 2ˆ &ˆ &!( ! #F= #ˆ87!ˆ %$7 K FL6"#ˆˆ &!( ! M4:N #8ˆ' # ˆ Eˆ# K. !7& >! 8:! ! ˆ %4ˆ &0:8 %. ˜ ˆ.:8 % &!Dˆ ;7 ! : >" '# ;!1!'6 O%-$O$ N>! ( #-O:1:+! 6# 7N # $:4!# 2ˆˆ ˆ8ˆK ˆ Eˆ"7>:E!7#!%>: D!# >:E

18-001451 FLORIDA AUDUBON SOCIETY, INC. AND TOWN OF FORT MYERS BEACH, FLORIDA vs TEXAS HOLDEM, LLC, SQUEEZE ME INN, LLC, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2018)

Division of Administrative Hearings, Florida Filed: Mar. 20, 2018

The Applicant demonstrated their entitlement to construct a dune walkover to provide access to the Gulf of Mexico, including issuance of an ERP permit, a consent to use sovereign land, a CCCL permit, and a CCL permit application timing waiver.

18-002141 FLORIDA AUDUBON SOCIETY, INC., AND TOWN OF FORT MYERS BEACH, FLORIDA vs TEXAS HOLDEM, LLC, SQUEEZE ME INN, LLC, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2018)

Division of Administrative Hearings, Florida Filed: Apr. 27, 2018

The Applicant demonstrated their entitlement to construct a dune walkover to provide access to the Gulf of Mexico, including issuance of an ERP permit, a consent to use sovereign land, a CCCL permit, and a CCL permit application timing waiver.

16-007148 FLORIDA AUDUBON SOCIETY, INC. vs TEXAS HOLD'EM, LLC, SQUEEZE ME INN, LLC, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2016)

Division of Administrative Hearings, Florida Filed: Dec. 05, 2016

These consolidated cases involve agency actions related to a “dune walkover”1/ (“dune walkover” or “Project”) proposed by the applicants, Texas Hold’Em, LLC, and Squeeze Me Inn, LLC (the “Applicants”). In order to construct the proposed dune walkover, the Applicants have filed: 1) an application for an Environmental Resource Permit (“ERP”); 2) an application for a letter of consent easement for the use of sovereignty submerged lands (“SSL Authorization”); 3) petitions for waivers from Florida Administrative Code Rule 62B-33.008(3)(c) and (d) to allow for completion and consideration of an application for a Coastal Construction Control Line (“CCCL”) permit (“CCCL Waivers”); and 4) an application for a CCCL permit (“CCCL Permit”).The Applicant demonstrated their entitlement to construct a dune walkover to provide access to the Gulf of Mexico, including issuance of an ERP permit, a consent to use sovereign land, a CCCL permit, and a CCL permit application timing waiver.

16-007149 TOWN OF FORT MYERS BEACH, FLORIDA vs TEXAS HOLDEM, LLC, SQUEEZE ME INN, LLC, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2016)

Division of Administrative Hearings, Florida Filed: Dec. 05, 2016

These consolidated cases involve agency actions related to a “dune walkover”1/ (“dune walkover” or “Project”) proposed by the applicants, Texas Hold’Em, LLC, and Squeeze Me Inn, LLC (the “Applicants”). In order to construct the proposed dune walkover, the Applicants have filed: 1) an application for an Environmental Resource Permit (“ERP”); 2) an application for a letter of consent easement for the use of sovereignty submerged lands (“SSL Authorization”); 3) petitions for waivers from Florida Administrative Code Rule 62B-33.008(3)(c) and (d) to allow for completion and consideration of an application for a Coastal Construction Control Line (“CCCL”) permit (“CCCL Waivers”); and 4) an application for a CCCL permit (“CCCL Permit”).The Applicant demonstrated their entitlement to construct a dune walkover to provide access to the Gulf of Mexico, including issuance of an ERP permit, a consent to use sovereign land, a CCCL permit, and a CCL permit application timing waiver.

17-000795 SUNCOAST WATERKEEPER, INC.; FLORIDA INSTITUTE FOR SALTWATER HERITAGE, INC.; AND JOSEPH MCCLASH vs LONG BAR POINTE, LLLP, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2017)

Division of Administrative Hearings, Florida Filed: Feb. 06, 2017

The issue is whether Long Bar Pointe, LLLP's (Long Bar), application for a Mitigation Bank/Environmental Resource Permit (ERP) to establish a mitigation bank on a 260.80-acre coastal site located in western Manatee County should be approved.Petitioners failed to prove that Long Bar did not satisfy criteria for establishment of a mitigation bank in Manatee County.

17-000796 JOSEPH MCCLASH vs LONG BAR POINTE, LLLP AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2017)

Division of Administrative Hearings, Florida Filed: Feb. 06, 2017

The issue is whether Long Bar Pointe, LLLP's (Long Bar), application for a Mitigation Bank/Environmental Resource Permit (ERP) to establish a mitigation bank on a 260.80-acre coastal site located in western Manatee County should be approved.Petitioners failed to prove that Long Bar did not satisfy criteria for establishment of a mitigation bank in Manatee County.

17-002201 TOWN OF HILLSBORO BEACH vs CITY OF BOCA RATON AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2017)

Division of Administrative Hearings, Florida Filed: Apr. 11, 2017

The issue to be decided in this case is whether the City of Boca Raton (“City”) is entitled to the requested modification of its Joint Coastal Permit.The City proved its entitlement to the proposed modification of its joint coastal permit. The Department did not adopt the Strategic Beach Management Plan as a rule and, therefore, cannot require the modification to be consistent with the plan.

20-002967 FLORIDA KEYS AQUEDUCT AUTHORITY vs FLORIDA POWER AND LIGHT AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2020)

Division of Administrative Hearings, Florida Filed: Jun. 29, 2020

Whether Respondent, Florida Power & Light Company, is entitled to the renewal of Permit No. FL0001562-012-IW1N, the combined Industrial Wastewater/National Pollutant Discharge Elimination System permit for the continued operation of the Turkey Point Cooling Canal System.Applicant for renewal of industrial wastewater permit provided reasonable assurance the project would meet all applicable statutory and rule requirements. Challengers to issuance of permit failed to meet their burden of proof under section 120.569(2)(p).

Marianna R Sarkisyan