City of Cape Coral Receives Final DEP Order for Chiquita Boat Lock Removal, Takes Immediate Action

August 19, 2024

The City of Cape Coral is pleased to announce that the Florida Department of Environmental Protection (FDEP) has officially issued the City's Environmental Resource Permit (ERP) for the South Spreader Waterway Enhancement Project, which includes removal of the Chiquita Boat Lock, following the issuance of the Final Order. This milestone marks a pivotal moment in the City's efforts to improve waterway access and environmental conditions in the area.

The City has already begun taking immediate steps to secure the necessary permits from the U.S. Army Corps of Engineers (USACE) to advance the lock removal project. Additionally, City officials have been in communication with the contractor responsible for the lock's removal to ensure the project progresses without delay.

This announcement follows a significant development in June 2024, when an Administrative Law Judge (ALJ) issued a Recommended Order authorizing FDEP to grant the ERP to the City. This recommendation came after a multi-week evidentiary hearing concluded on December 20, 2023.

The Final Administrative Hearing was a crucial step in the permitting process, with the ALJ ordering the Petitioner(s), the City, and FDEP to submit their proposed recommended orders by April 29, 2024. After careful consideration, the ALJ determined that the City's ERP application met the necessary standards under Florida law and the Florida Administrative Code, leading to the issuance of the favorable Recommended Order.

The City of Cape Coral recognizes the importance of the South Spreader Waterway Enhancement Project and is committed to moving forward with the utmost care, adhering to any permit conditions.