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