NOTICE IS HEREBY GIVEN that on January 30, 2009, the Florida Department of Environmental Protection has issued an order.
On August 21, 2008, the Department received a petition from Eagle Bay Landing, LLC, for a waiver under Section 120.542, Florida Statutes, from the provisions of subsection 62-312.080(7), F.A.C., which restrict the Department when issuing a permit for dredging and filling in Class II or III waters approved for shellfish harvesting. Notice of receipt of this petition was published in the Florida Administrative Weekly on September 12, 2008. No public comment was received. The Department entered a final order (OGC File No. 08-2219) denying the petition for a waiver for construction of a boardwalk and viewing pier for the use of interior lot owners who do not own waterfront lots, because the petitioner did not demonstrate that application of subsection 62-312.080(7), F.A.C., would create a substantial hardship for the petitioner or violate principles of fairness.
A copy of the Order may be obtained by contacting: Woodrow Speed, Florida Department of Environmental Protection, Northwest District Office, 160 Governmental Center, Pensacola, Florida 32501, (850)595-8300, ext. 1287.