Attached to this email is the Notice of Denial of Department File No.: 36-0295854-002, for the construction of the “North Spreader Temporary Diversion”, the replacement for the removed Ceitus boat lift and barrier, consisting of: (1) 200 linear feet of steel sheet piling with concrete cap crossing the North Spreader Waterway, east to west; (2) 300 linear feet of steel sheet piling extending north along the west side of the spreader waterway; (3) a cut-off wall and riprap extending west approximately 50 linear feet into the Charlotte Harbor Preserve State Park; (4) approximately 50 linear feet of steel sheet piling with concrete cap and riprap installed on the eastern side of the sheet piling, running north to south, adjacent to the City property; and, (5) additional support facilities installed on the uplands.

Pursuant to Consent Order 06-2345-DF, the City of Cape Coral is required to submit a modified design within 90 days of receipt of this Notice addressing all of the reasons identified by the Department for why the original design was not acceptable. The Department has identified possible changes to the project design that may enable the Department to grant a permit under Section IV of the Notice of Denial.

If you have any questions regarding this matter, please feel free to contact Megan Mills by phone at (239) 344-5670, or by email at Megan.Mills@dep.state.fl.us .

Jeannie R Gerhart, Administrative Assistant
FLorida Department of Environmental Protection
PO Box 2549
2295 Victoria Ave, Suite 364
Fort Myers, FL 33902
Direct line: 239-344-5645
Main office: 239-344-5600
Intra-agency: 8-5645
Jeannie.Gerhart@dep.state.fl.us