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227 Beach Ave DEP Letter 2014 Rick Scott Florida Department of Governor Environmental Protection Bob Martinez Center Herschel T. Vinyard,Jr. Ilk Division of Water Resource Management Secretary 2600 Blair Stone Road—Mail Station 3522 Tallahassee,Florida 32399-2400 October 11,2013 FILE COPY " Corkie T. Gooden, Trustee c/o Jeffrey M.Lane, President Lane Architecture, P.A. 1022 Park Street, Suite 205 Jacksonville, Florida 32204 Dear Mr. Lane: Notice to Proceed Issued Permit Number: DU-455 Permittee Name: Corkie T.Gooden,Trustee 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, enclosed is the permit. However, construction may not commence until after the pennittee complies with any preconstruction requirements described in Special Permit Conditions 1,2,and 5. Please read the permit and permit conditions including both the General Permit Conditions and any Special Permit Conditions closely before starting construction. General Permit Conditions I(q), I(r), and 1(s) pertain to written reports which must be submitted to the Department of Environmental Protection at specified times. Forms for use in preparation of these reports are enclosed. Make sufficient copies of the periodic report form to provide the required reports. The periodic reports are due in the office on a monthly basis on the last working day of each month.No progress reports are required until such time as construction activities have started. The permit will expire on October 10, 2016. 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 three years. 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 pen-nit for the same construction or activities would be approved. www.dep.statefl.us A FILE COPY Jeffrey M. Lane, President October H,2013 Page Two The authorized work is strictly limited to that described on the enclosed permit. If you have any questions pertaining to this permit, please contact me by mail at the letterhead address (add Mail Station 3522), by telephone at(850) 921-7849, or by email at valerie.iones@dep.state.fl.us. Sincerely, �pe�j�(� Valerie Jones, Pe&itaDager Coastal Construction Control Line Program Division of Water Resource Management VJ/dw Enclosures cc: Permit Information Center Trey Hatch, Field Inspector City of Atlantic Beach, Building Official Corkie T. Gooden, Trustee, Property Owner )V14'141*.dep-vtatej1.us STATE OF FLORIDA TMENT OF ENVIRONMENTAL PROTECTION Division of Water Resource Management Coastal Construction Control Line Program FLOR A 2600 Blair Stone Road-Mail Station 3522 Tallahassee,Florida 32399-2400 (850)245-8336 PERMIT NUMBER: DU-455 PERMITTEE: ;r Corkie T. Gooden,Trustee " FILE COPY , c/o, Jeffrey M. Lane,President Lane Architecture,P.A. 1022 Park Street, Suite 205 Jacksonville, Florida 32204 NOTICE TO PROCEED AND PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES PURSUANT TO SECTION 161.053, FLORIDA STATUTES FINDINGS OF FACT: An application for authorization to conduct the activities seaward of the coastal construction control line which are indicated in the project description,was filed by the applicant/permittee named herein on July 12, 2013, and was determined to be complete pursuant to rule on July 12, 2013. The proposed project is to be located landward of the 30-year erosion projection and landward of existing and Department permitted major structures in the immediate area. CONCLUSIONS OF LAW: After considering the merits of the proposal and any written objections from affected persons, the Department finds that upon compliance with the permit conditions, the activities indicated in the project description are of such a nature that they will result in no significant adverse impacts to the beach/dune areas or to adjacent properties;that the work is not expected to adversely impact nesting sea turtles,their hatchlings,or their habitat;that the work is expendable in nature and/or is appropriately designed in accordance with Section 6213-33.005,Florida Administrative Code. Based on the foregoing considerations, the Department approves the application; authorizes construction and/or activities at the location indicated below in strict accordance with the project description, the approved plans (if any) and the General Permit Conditions which are attached and are by this reference incorporated herein, and any additional conditions shown below,pursuant to Section 161.053(4),Florida Statutes. EXPIRATION DATE: October 10, 2016 LOCATION: Between approximately 435 feet and 485 feet north of the Department of Environmental Protection's'reference monument R-52, in Duval County. Project address: 227 Beach Avenue, Atlantic Beach. PROJECT DESCRIPTION: Two-Story, Single-Family Dwelling I Location relative to control line (seaward pile): A maximum of approximately 134 feet seaward including seaward, covered porches. FILE COPY ., PERMITTEE: Corkie T. Gooden, Trustee PERMIT NUMBER: DU-455 PAGE 2 2. Exterior dimensions (foundation): 86.7 feet in the shore-non-nal direction (including the seaward covered porches)by 33.7 feet in the shore-parallel direction. 3. Type of foundation: Concrete piles. Excavation/Fill 1. Total volume of excavation: Approximately 59.8 cubic yards. Volume of net excavation: None; excavated material to be placed as fill on the project site. See Special Permit Condition 4. 2. Location of excavation: From approximately 47 feet to 156 feet seaward of the control line, for the dwelling and seaward spa. 3. Maximum depth of excavation: For foundation installation and to approximate elevation+14.0 feet (NAVD) for the spa. 4. Volume of fill to be placed: Approximately 190.7 cubic yards. Volume of net fill: Approximately 130.9 cubic yards. See Special Permit Condition 5. 5. Location of fill to be placed: Beneath and adjacent to the dwelling. Other Structures/Activities I Demolition and removal of the existing 8-inch masonry wall and metal fence with shallow spread footing located in the seaward yard landward of the buried bulkhead wall. See Special Permit Condition 3. 2. A seaward,open wood deck of maximum dimensions 19.3 feet shore-normal.by approximately 48 feet shore-parallel is to be located a maximum of 153.6 feet seaward of the control line. 3. A spa, including spillovers, of overall approximate dimensions 10.7 feet shore-normal by I I feet shore-parallel is to be located a maximum of approximately 156 feet seaward of the control line. 4. A frangible masonry fireplace is to be located at the southeast comer of the open wood deck, a maximum of approximately 155.6 feet seaward of the control line. A frangible wood pergola is to be located on the wood deck landward of the fireplace. 5. Six-foot high, frangible, masonry privacy walls are to be located along the north and south property lines seaward of the control line to a maximum of approximately 122 feet seaward of the control line. 6. Six-foot high wood fences are to be located along the north and south property lines seaward of the masonry privacy walls and at the periphery of the wood deck to a maximum of approximately 157 feet seaward of the control line. F op Y I L E C PERMITTEE: Corkie T. Gooden, Trustee PERMIT NUMBER: DU-455 PAGE 3 7. Concrete slab utility pads and a generator, HVAC units and pool equipment are to be located on the south side of the dwelling, a maximum of approximately 93 feet seaward of the control line. 8. A sand-set brick paver driveway is to be located landward of the dwelling,and sand or stone-set paver walkways are to be located on the north and south sides of the dwelling landward of the wood deck,to a maximum of approximately 120 feet seaward of the control line. 9. A 4-foot wide beach and dune walkover. See Special Permit Conditions 7 and 8. 10. Landscape improvements including removal of existing vegetation and planting of ornamental and native species. See Special Permit Condition 6. 11. Exterior lighting for the dwelling and landscape lighting. See Special Permit Condition 9. SPECIAL PERMIT CONDITIONS: I Prior to commencement of construction activity authorized by this permit, a preconstruction conference shall be held at the site among the contractor,the owner or authorized agent, and a staff representative of the Department to establish an understanding among the parties as to the items specified in the special and general conditions of the permit. The proposed locations of the structures shall be staked out for the conference. Contact Trey Hatch at 904/256-1648 to schedule a conference. 2. Prior to commencement of construction activities authorized by this permit,a temporary construction fence shall be erected along the perimeter of the permitted activities and shall not extend seaward of the Erosion Control Line/east property line. The fence shall remain in place until the construction authorized by this permit is complete. The optimum siting of the construction fence shall be determined during the preconstruction conference by the staff representative so as to provide maximum protection to the existing native vegetation and dune features located on the site. 3. All rubble,debris, metal, and damaged or broken concrete on the site resulting from this demolition and construction shall be removed and relocated landward of the coastal construction control line. 4. All excavated material shall be maintained on site seaward of the coastal construction control line. 5. All imported fill material shall be obtained from a source landward of the control line. All fill shall consist of sand that is similar to the native sand of the placement site in both coloration and grain size and be free of construction debris,metal,vegetation,organic soils,rocks,clay,or other foreign matter. A sample of the sand shall be provided to the staff representative during the preconstruction conference. r1r". "Mir 0=66.��r FILE C !-, aA- PERMITTEE: Corkie T. Gooden, Trustee PERMIT NUMBER: DU-455 PAGE 4 6. All plantings shall conform to the approved landscape plan. Plantings shall not include invasive nuisance plant species such as listed in the Florida Exotic Pest Plant Council's 2011 List of Invasive Species, Categories I and 11. (A copy of this list is available on the Internet at www.flcppc.oM. 7. Prior to commencement of dune walkover construction authorized by this permit, the permittee shall obtain appropriate authorization for the activity from the Board of Trustees of the Internal Improvement Trust Fund. Reconstruction and extension of the dune walkover shall conform to the Department's "Dune Walkover Guidelines,"attached to and incorporated into this permit.The optimum siting of the walkover structure shall be determined by the staff representative during the preconstruction conference to provide maximum protection to the existing dune topography and vegetation located on the site. 8. No construction, operation, transportation or storage of equipment or materials, native enhancement tin planting,and no temporary lighting of the construction area are authorized in marine turtle nes gh g habitat seaward of the dune crest at any time during the marine turtle nesting season(May I throu October 31). 9. All lighting shall be shielded, installed and maintained as approved by the Department and in conformance with the Florida Fish and Wildlife Conservation Commission's "FWC Approved Sea Turtle Lighting" guidelines, attached to and incorporated into this permit. No additional permanent exterior lighting or landscape lighting are authorized. Approved plans are incorporated into this permit by reference. 4-HA Done and ordered this 10 day of 2013, in Tallahassee, Florida, Attachment: General Permit Conditions FILING AND ACKNOWLEDGEMENT State of Florida FILED, on this date, pursuant to S 120.52 Department of Environmental Protection Florida Statutes, with the designated Department Clerk,receipt of which is hereby acknowledged. Fritz ettstein, Environmental Consultant C I C structi Deputy ierk���Date Co stal ConstructionrControl Line Program Division of Water Resource Management NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under sections 120.569 and 120.57,Florida Statutes,before the deadline for filing a petition. On the filing of a timely and sufficient petition,this action will not be final and effective FILE COPY ., PERMITTEE: Corkie T. Gooden, Trustee PERMIT NUMBER: DU-455 PAGE 5 until further order of the Department. Because the administrative hearing process is designed to formulate final agency action,the hearing process may result in a modification of the agency action or even denial of the application. Petition for Administrative Hearin 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,Florida Statutes. Pursuant to rule 28- 106.201, Florida Administrative Code, a petition for an administrative hearing 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 that 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,including an explanation of how the alleged facts relate to the specific rules or statutes; 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. The petition 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. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition in accordance with rule 62-110.106(3),Florida Administrative Code,petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under section 120.60(3), Florida Statutes, must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice,whichever occurs first. Under section 120.60(3),Florida Statutes,however,any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination(hearing)under sections FILE COPY , PERMITTEE: Corkie T. Gooden, Trustee PERMIT NUMBER: DU-455 PAGE 6 120.569 and 120.57, Florida Statutes,or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205, Florida Administrative Code. Extension of Time Under rule 62-110.106(4),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, before the applicable deadline for filing a petition for an administrative hearing. 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. Mediation Mediation is not available in this proceeding. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to section 120.68,Florida Statutes,by filing a Notice of Appeal pursuant to rules 9.110 and 9.190,Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35,Tallahassee,Florida 32399-3000;and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. The Agency will not publish or require the person requesting a permit to publish in a newspaper a notice of receipt of the permit application or notice of Agency action granting or denying the pen-nit. Persons receiving a permit are advised that interested parties who become aware of Agency action approving or denying the permit,or who observe work on the project within certain time frames without any prior notice, may have rights to petition for an administrative hearing under Chapter 120,Florida Statutes. For this reason, it may be in the best interest of the person proposing the activity to publish,at its expense,a one-time"Notice of Permit Issuance" in a newspaper of general circulation in the county where the activity is located meeting the requirements of Chapter 50,Florida Statutes. Agency staff can provide persons with the information for such a notice upon request. Persons who are substantially affected by the proposed action may petition for an administrative hearing within the time frames specified in the notice and Chapter 120,Florida Statutes. Rick Scott Florida Department of Governor Environmental Protection Bob Martinez Center Herschel T. Vinyard,Jr. Secretary Division of Water Resource Management 2600 Blair Stone Road—Mail Station 3522 Tallahassee,Florida 32399-2400 October 11,2013 A A FILE COPY w4� Corkie T. Gooden,Trustee c/o Jeffrey M. Lane, President Lane Architecture, P.A. 1022 Park Street, Suite 205 Jacksonville, Florida 32204 Dear Mr. Lane: Notice to Proceed Issued Permit Number: DU-455 Permittee Name: Corkie T. Gooden,Trustee 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, enclosed is the permit. However, construction may not commence until after the pen-nittee complies with any preconstruction requirements described in Special Permit Conditions 1, 2, and 5. Please read the permit and permit conditions including both the General Permit Conditions and any Special Permit Conditions closely before starting construction. General Permit Conditions I(q), I(r), and I(s) pertain to written reports which must be submitted to the Department of Environmental Protection at specified times. Forms for use in preparation of these reports are enclosed. Make sufficient copies of the periodic report form to provide the required reports. The periodic reports are due in the office on a monthly basis on the last working day of each month. No progress reports are required until such time as construction activities have started. The permit will expire on October 10, 2016. 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 three years. 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. wwwdep.staleftus 4 FILE COPY ,' Jeffrey M. Lane, President October 11,2013 Page Two The authorized work is strictly limited to that described on the enclosed perm it. If you have any questions pertaining to this permit, please contact me by mail at the letterhead address (add Mail Station 3522), by telephone at(850) 921-7849, or by email at valerie.iones@dep.state.fl.us. Sincerely, Valerie Jones, Pe&itanager Coastal Construction Control Line Program Division of Water Resource Management VJ/dw Enclosures cc: Permit Inforination Center Trey Hatch, Field Inspector City of Atlantic Beach, Building Official Corkie T. Gooden,Trustee, Property Owner wiviv.dep.slalejl.us STATE OF FLORIDA TMENT OF ENVIRONMENTAL PROTECTION Division ofWater Resource Management Coastal Construction Control Line Program 2600 Blair Stone Road-Mail Station 3522 FLOR A Tallabassee,Florida 32399-2400 V*00111021011 (850)245-8336 PERMIT NUMBER: DU-455 PERMITrEE: Corkie T. Gooden,Trustee FILE COPY c/o Jeffrey M. Lane, President Lane Architecture,P.A. 1022 Park Street, Suite 205 Jacksonville, Florida 32204 NOTICE TO PROCEED AND PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES PURSUANT TO SECTION 161.053, FLORIDA STATUTES FINDINGS OF FACT: An application for authorization to conduct the activities seaward of the coastal construction control line which are indicated in the project description,was filed by the applicant/permittee named herein on July 12, 2013, and was determined to be complete pursuant to rule on July 12, 2013, The proposed project is to be located landward of the 30-year erosion projection and landward of existing and Department permitted major structures in the immediate area. CONCLUSIONS OF LAW: After considering the merits of the proposal and any written objections from affected persons, the Department finds that upon compliance with the permit conditions, the activities indicated in the project description are of such a nature that they will result in no significant adverse impacts to the beach/dune areas or to adjacent properties;that the work is not expected to adversely impact nesting sea turtles,their hatchlings,or their habitat;that the work is expendable in nature and/or is appropriately designed n in accordance with Section 62B-33.005,Florida Administrative Code. Based on the foregoing consideratio s, the Department approves the application; authorizes construction and/or activities at the location indicated below in strict accordance with the project description, the approved plans (if any) and the General Pen-nit Conditions which are attached and are by this reference incorporated herein, and any additional conditions shown below,pursuant to Section 161.053(4),Florida Statutes. EXPIR-ATION DATE: October 10, 2016 LOCATION: Between approximately 435 feet and 485 feet north of the Department of Environmental Protection's'reference monument R-52, in Duval County. Project address: 227 Beach Avenue, Atlantic Beach. PROJECT DESCRIPTION: Two-Story, Single-Family Dwelling I Location relative to control line (seaward pile): A maximum of approximately 134 feet seaward including seaward, covered porches. ' FILE COPY :P ' PERMITTEE: Corkie T. Gooden, Trustee PERMIT NUMBER: DU-455 PAGE 2 2. Exterior dimensions (foundation): 86.7 feet in the shore-normal direction (including the seaward covered porches)by 33.7 feet in the shore-parallel direction. 3. Type of foundation: Concrete piles. Excavation/Fill I Total volume of excavation: Approximately 59.8 cubic yards. Volume of net excavation: None; excavated material to be placed as fill on the project site. See Special Permit Condition 4. 2. Location of excavation: From approximately 47 feet to 156 feet seaward of the control line, for the dwelling and seaward spa. 3. Maximum depth of excavation: For foundation installation and to approximate elevation+14.0 feet (NAVD) for the spa. 4. Volume of fill to be placed: Approximately 190.7 cubic yards. Volume of net fill: Approximately 130.9 cubic yards. See Special Permit Condition 5. 5. Location of fill to be placed: Beneath and adjacent to the dwelling. other Structures/Activities -inch masonry wall and metal fence with shallow spread I Demolition and removal of the existing 8 footing located in the seaward yard landward of the buried bulkhead wall. See Special Permit Condition 3. 2. A seaward,open wood deck of maximum dimensions 19.3 feet shore-normal by approximately 48 feet shore-parallel is to be located a maximum of 153.6 feet seaward of the control line. 3. A spa, including spillovers, of overall approximate dimensions 10.7 feet shore-normal by I I feet shore-parallel is to be located a maximum of approximately 156 feet seaward of the control line. 4. A frangible masonry fireplace is to be located at the southeast comer of the open wood deck, a maximum of approximately 155.6 feet seaward of the control line. A frangible wood pergola is to be located on the wood deck landward of the fireplace. 5. Six-foot high, frangible, masonry privacy walls are to be located along the north and south property lines seaward of the control line to a maximum of approximately 122 feet seaward of the control line. 6. Six-foot high wood fences are to be located along the north and south property lines seaward of the masonry privacy walls and at the periphery of the wood deck to a maximum of approximately 157 feet seaward of the control line. FILE COPV PERMITTEE: Corkie T. Gooden, Trustee PERMITNUMBER: DU-455 PAGE 3 7. Concrete slab utility pads and a generator, HVAC units and pool equipment are to be located on the south side of the dwelling, a maximum of approximately 93 feet seaward of the control line. 8. A sand-set brick paver driveway is to be located landward of the dwelling,and sand or stone-set paver walkways are to be located on the north and south sides of the dwelling landward of the wood deck,to a maximum of approximately 120 feet seaward of the control line. 9. A 4-foot wide beach and dune walkover. See Special Permit Conditions 7 and 8. 10. Landscape improvements including removal of existing vegetation and planting of ornamental and native species. See Special Permit Condition 6. 11. Exterior lighting for the dwelling and landscape lighting. See Special Permit Condition 9. SPECIAL PERMIT CONDITIONS: I. Prior to commencement of construction activity authorized by this permit, a preconstruction conference shall be held at the site among the contractor,the owner or authorized agent, and a staff representative of the Department to establish an understanding among the parties as to the items specified in the special and general conditions of the permit. The proposed locations of the structures shall be staked out for the conference. Contact Trey Hatch at 904/256-1648 to schedule a conference. 2. Prior to commencement of construction activities authorized by this permit,a temporary construction fence shall be erected along the perimeter of the permitted activities and shall not extend seaward of the Erosion Control Line/east property line. The fence shall remain in place until the construction authorized by this permit is complete. The optimum siting of the construction fence shall be determined during the preconstruction conference by the staff representative so as to provide maximum protection to the existing native vegetation and dune features located on the site. 3. All rubble,debris, metal, and damaged or broken concrete on the site resulting from this demolition and construction shall be removed and relocated landward of the coastal construction control line. 4. All excavated material shall be maintained on site seaward of the coastal construction control line. 5. All imported fill material shall be obtained from a source landward of the control line. All fill shall consist of sand that is similar to the native sand of the placement site in both coloration and grain size and be free of construction debris,metal,vegetation,organic soils,rocks,clay,or other foreign matter, A sample of the sand shall be provided to the staff representative during the preconstruction conference. FILE COPY 4 PERMITTEE: Corkie T. Gooden, Trustee PERMIT NUMBER: DU-455 PAGE 4 6. All plantings shall conform to the approved landscape plan. Plantings shall not include invasive nuisance plant species such as listed in the Florida Exotic Pest Plant Council's 2011 List of Invasive Species, Categories I and 11. (A copy of this list is available on the Internet at www.flcppc.org.) 7. Prior to commencement of dune walkover construction authorized by this permit, the permittee shall obtain appropriate authorization for the activity from the Board of Trustees of the Internal Improvement Trust Fund. Reconstruction and extension of the dune walkover shall conform to the Department's "Dune Walkover Guidelines,"attached to and incorporated into this permit.The optimum siting of the walkover structure shall be determined by the staff representative during the preconstruction conference to provide maximum protection to the existing dune topography and vegetation located on the site. 8. No construction, operation, transportation or storage of equipment or materials, native enhancement planting,and no temporary lighting of the construction area are autborized in marine turtle nesting habitat seaward of the dune crest at any time during the marine turtle nesting season(May 1 through October 31). rt and i 9. All lighting shall be shielded, installed and maintained as approved by the Depa ment n conformance with the Florida Fish and Wildlife Conservation Commission's "FWC Approved Sea Turtle Lighting" guidelines, attached to and incorporated into this permit. No additional permanent exterior lighting or landscape lighting are authorized. Approved plans are incorporated into this permit by reference. +JA Done and ordered this day of 2013, in Tallahassee, Florida. Attachment: General Permit Conditions FILING AND ACKNOWLEDGEMENT State of Florida FILED, on this date, pursuant to S 120.52 Department of Environmental Protection Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. Fritz ettstein,Environmental Consultant stru( Co, stal aConstruction Control Line Program ��erk DeputyV Division of Water Resource Management NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under sections 120.569 and 120.57,Florida Statutes,before the deadline for filing a petition. On the filing of a timely and sufficient petition,this action will not be final and effective F COPY ILE PERMITTEE: Corkie T. Gooden, Trustee PERMIT NUMBER: DU-455 PAGE 5 until further order of the Department. Because the administrative hearing process is designed to formulate final agency action,the hearing process may result in a modification of the agency action or even denial of the application. Petition for Administrative Hearing 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,Florida Statutes. Pursuant to rule 28- 106.201, Florida Administrative Code, a petition for an administrative hearing 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 that 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,including an explanation of how the alleged facts relate to the specific rules or statutes; 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. The petition 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. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with rule 62-110.106(3),Florida Administrative Code,petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice, Petitions filed by any persons other than the applicant, and other than those entitled to written notice under section 120.60(3), Florida Statutes, must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice,whichever occurs first. Under section 120.60(3),Florida Statutes,however,any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination(hearing)under sections IF IL E COPY PERMITTEE: Corkie T. Gooden, Trustee PERMIT NUMBER: DU-455 PAGE 6 120.569 and 120.57, Florida Statutes, or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205, Florida Administrative Code. Extension of Time Under rule 62-110.106(4),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, before the applicable deadline for filing a petition for an administrative hearing. 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. Mediation Mediation is not available in this proceeding. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to section 120.68,Florida Statutes,by filing allotice of Appeal pursuant to rules 9.110 and 9.190,FloridaRules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard,M.S. 35,Tallahassee,Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. The Agency will not publish or require the person requesting a permit to publish in a newspaper a notice of receipt of the permit application or notice of Agency action granting or denying the permit. Persons receiving a permit are advised that interested parties who become aware of Agency action approving or denying the permit,or who observe work on the project within certain time frames without any prior notice, may have rights to petition for an administrative hearing under Chapter 120,Florida Statutes. For this reason, it may be in the best interest of the person proposing the activity to publish,at its expense,a one-time"Notice of Permit Issuance"in a newspaper of general circulation in the county where the activity is located meeting the requirements of Chapter 50,Florida Statutes. Agency staff can provide persons with the information for such a notice upon request. Persons who are substantially affected by the proposed action may petition for an administrative hearing within the time frames specified in the notice and Chapter 120, Florida Statutes.