News-Press, The
March 30, 2026
NOTICE OF INTENT TO ISSUE PERMIT
The Department of Environmental Protection announces its intent to issue a permit for the Fort Myers Yacht Basin redevelopment to Fort Myers SMI, LLC, lessee of the City of Fort Myers. The proposed project includes removalof the existing concrete bulkhead, boat ramp, and all docking structures; installation of approximately 1,650 linear feet of steel sheet-pile seawall with a concrete cap; and backfilling approximately 5.75 acres of the north and south marina basins to support future upland development, including three commercial buildings and a new marina store.
The project also includes maintenance dredging of approximately 843,367 square feet of the marina basin, with all dredged material dewatered in an upland containment area and transported to an approved upland disposal facility. Following demolition and dredging, the applicant proposes to construct a new 286-slip docking facility consisting of approximately 78,191 square feet of fixed and floating docks and 49,680 square feet of wave-attenuation structures.
Stormwater treatment for the redeveloped marina will be provided by a 3.15-acre-foot exfiltration trench system consisting of 26 inlet structures, 10 yard drains, and two control structures interconnected by approximately 2,191 linear feet of 18-inch exfiltration piping. This system is designed to capture, treat, and attenuate runoff from the developed site prior to discharge to the Caloosahatchee River.
The Department will issue the Environmental Resource Permit unless a timely petition for an administrative proceeding is filed pursuant to the provisions of Sections 120.569 and 120.57, F.S. 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 hearing process may result in a modification of the agency action or even denial of the application.
The application file is available online and can be accessed through the Department's Information Portal at: https://prodenv.dep.state.fl.us/DepNexus/public/searchPortal. Use Facility/Site ID: 0156698 to find the files. If you have any questions or are experiencing difficulty viewing the electronic application, please call Jonathan Guinn at 239-344-5650 or by email at Jonathan.Guinn@FloridaDEP.gov.
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, F.S. Pursuant to Rule 28-106.201, F.A.C., 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. 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 must be filed within 21 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 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. 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, before the applicable 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.
The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department.
March 30 2026
LSAR0488523
Miscellaneous Notices