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. Attachment A STATE OF FLORIDA File No.: 13-0198020 -003 DEPARTMEMf OF ENVLRONMENTAL PROTECTION ' NOTICE OF DETERMINATION OF EXEMPTION The Department of Environmental Protection gives notice that the replacement of 130 linear feet of seawall cap and installation of new deadmen and tiebacks along the same 130 linear feet, located on Dumbfoundling Bay, on the Intracoastal Waterway, Class III Waters, ' adjacent to the west terminus of Atlantic Avenue, City of Sunny Isles (Section 33, Township 52 South, Range 43 East) in Miami -Dade County (25`55'34.06" N, 80°7'46.79" W), has been determined to be exempt from requirements to obtain an environmental resource permit. 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 of the Florida Statutes. The petition must contain the information set forth below and 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. ' Mediation is not available. if a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be permitted only t the discretion of the presiding officer upon the filing of a motion in compliance with rule 28- 106.205 of the Florida Administrative Code. In accordance with rules 28- 106.111(2) and 62- 110.106(3)(x)(4), petitions for an administrative hearing must be filed within 21 days of publication of the notice or receipt of written notice, whichever occurs first. Under rule 62-110.106(4) of the Florida Administrative Code, 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 prior to the applicable deadline. 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. Upon motion by the requesting party showing that the failure to file a request for an extension of ' time before the deadline was the result of excusable neglect, the Department may also grant the requested extension of time. 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 for an administrative hearing within the appropriate time period shall constitute a waiver of that right. ' 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, 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 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; 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. A petition that does not dispute the material facts on which the Department's action is based shal l state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule 28- 106.301. Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing shall be dismissed by the agency ' if the petition does not substantially comply with the above requirements or is untimely Sled. Complete copies of all documents relating to this determination of exemption are available for public inspection during normal business hours, 8:00 am. to 5:00 p.m., Monday through Friday, at the Southeast District office, 400 North Congress Avenue, West Palm Beach, Florida.