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Permit DEP 1265 Beach Avenue no"Cha Department of Environmental Protection Marjory Stoneman Douglas Building Lawton Chiles 3900 Commonwealth Boulevard Virginia B.Wetherell Governor Tallahassee,Florida 31V9-?6a5 Secretary anuary Richard G. Moore, Architect 524 First Street North Jacksonville Beach, Florida 32250 Dear Mr. Moore: NOTICE TO PROCEED PERMIT NUMBER: DU-242 PERMITTEE NAME: Robert D. Blohm Your request for a permit pursuant to Section 161.053, Florida Statutes, for construction or other activities seaward of the coastal construction control line, has been approved by the Department of Environmental Protection. However, construction may not commence until after the permittee complies with any preconstruction requirements described in Special Permit Condition 1. The permit will expire on January 14, 2000. Upon receipt of a written request signed by the permittee or authorized agent, the Department will consider extending the permit for up to but no more than one additional year. You must apply for a new permit for completion of any work not accomplished under the original permit. Although you may apply for a new permit, there is no assurance that such new permit for the same construction or activities would be approved. Any party to this proceeding has the right to request review of this order by the Governor and Cabinet, sitting as the Florida Land and Water Adjudicatory Commission, in accordance with section 20.255 of the Florida Statutes. To initiate such a review, you must file a request for it, and the request must be received by a member of the Commission or the Secretary of the Commission at The Capitol, Tallahassee, Florida 32399, within twenty days after this order is clerked. You must also serve both the Department of Environmental Protection, Department Clerk, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399, and any other person named in this order with a copy of the request within twenty days after rendering of this order. Additionally, any person whose substantial interests are affected by any decision of the Department on the application has the right to request an administrative hearing in accordance with the provisions of sections 120.569 and 120.57 of the Florida Statutes. Should you desire an administrative hearing, your request must comply with the provisions of rule 62-103.155(2) of the Florida Administrative Code, as indicated below. Send requests for hearings to the "Protect, Conserve and Manage Florida's Environment and Natural Resources" Prinrprf nn ro"rl�ef hnhpr Richard G. Moore, Architect January 15, 1999 Page 2 Department of Environmental Protection, Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399. The Department must receive the request within twenty-one days after your receipt of this notice. When the Department receives an adequate and timely filed request for hearing, the Department will request the assignment of a hearing officer. Likewise, when the Florida I-and and Adjudicatory Commission receives an adequate and timely petition, the Commission will request the assignment of a hearing officer. Once a hearing officer is requested, the referring agency will take no further action with respect to the proceeding except as a party litigant, as long as the Division of Administrative Hearings has jurisdiction over the formal proceeding. Rule 62-103.155(2) of the Florida Administrative Code requires that a petition or request for hearing contain the following information: (a) The name, address, and telephone number of each petitioner, the applicant's name and address, the Department file number, and the county in which the proposed project would be located; (b) A statement of how and when each petitioner received notice of the Department's action or proposed action; (c) A statement of how each petitioner's substantial interests are affected by the Department's action or proposed action; (d) A statement of the material facts disputed by the petitioner, if any; (e) A statement of facts that the petitioner contends warrant reversal or modification of the Department's action or proposed action; (f) A statement of which rules or statutes that the petitioner contends require reversal or modification of the Department's action or proposed action; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wants the Department to take. A person may request an extension of time to petition for an administrative hearing. The person filing the request for extension must do so within the time limits for filing a petition described above and serve all parties with the request. The request must state why an extension is needed. The Department will grant an extension only when good cause is shown. If a petition or request for extension of time is filed, further order of the Department becomes necessary to effectuate this notice. Accordingly, the Department's final action may be different from the position taken by it in this notice. Actions undertaken by you under this permit, pending the lapse of time allowed for the filing of such a request for hearing, may be subject to modification, removal, or restoration. Failure to petition within the allowed time frame constitutes waiver of any right that such a person has to request a hearing under section 120.57 of the Florida Statutes and to participate ,as a party to the proceeding. If a legally sufficient petition for hearing is not timely received this notice constitutes final agency action. When this order becomes final, any party to the order has the right to seek judicial review under section 120.68 of the Florida Statutes and rule