275 Beach Avenue FDEP 09.23.2013 (Holmes) �' ��O EC1!ON
� ` Florida Department of euro
t • Environmental Protection
Division of Water Resource Management Herschel T. Vinyard,Jr.
P " � 2600 Blairstone Road,Mail Station 3522 Secretary
Tallahassee,Florida 32399-2400
September 23, 2013
Mark H. Holmes
275 Beach Avenue
Atlantic Beach, Florida 32233
Dear Mr. Holmes:
Notice to Proceed Issued
Permit Number: DU-456
Permittee Name: Mark H. Holmes
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 permittee
complies with any preconstruction requirements described in Special Permit Condition(s) 1 and 2.
The permit will expire one (1) year after the date of issuance of the permit. 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.
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.jones@dep.state.fl.us.
Sincerely,
i\I af(-4A:- .511'
Valerie Jones, Pe Onager
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
wwwdep.state fl.us
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y�E* kvL, DEPARTMENT OF ENV RONMOENTDAL PROTECTION
��� STATE OF
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• S, Division of Water Resource Management
I 2600 Blair Stone Road -Mail Station 3522
FLOR A Tallahassee, Florida 32399-2400
(850)245-8336
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PERMIT NUMBER: DU-456
PERMITTEE:
Mark H. Holmes
275 Beach Avenue
Atlantic Beach, Florida 32233
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 that are indicated in the project description, was filed by the applicant/permittee
named herein on August 6, 2013, and was determined to be complete pursuant to rule on August 6, 2013.
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 of this permit 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 62B-33.005, Florida Administrative Code.
Based on the foregoing considerations, the Department approves the application; and 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: September 20, 2014
LOCATION: Between approximately 410 feet and 460 feet south of the Department of Environmental
Protection's reference monument R-51, in Duval County. Project address: 275 Beach Avenue, Atlantic
Beach.
PROJECT DESCRIPTION:
The applicant/permittee is authorized to construct a roof of dimensions 11.3 feet in the shore-normal
direction by 37.9 feet in the shore-parallel direction over the existing seaward, on-grade, open wood deck.
The applicant/permittee is also authorized to construct two small additions to the existing wood deck, one
each on the north and south ends,not to exceed the shore-parallel width of the dwelling or the seaward extent
of the existing deck.
PERMITTEE: Mark H. Holmes
PERMIT NUMBER: DU-456
PAGE 2
SPECIAL PERMIT CONDITIONS:
1. 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. Contact Trey Hatch at (904) 256-
1648 to schedule a conference.
2. Prior to commencement of construction activity authorized by this permit, a temporary
construction fence shall be erected along the perimeter of the permitted activity and 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 compatible excavated material from foundation installation shall be maintained on site
seaward of the coastal construction control line and shall be placed in the immediate vicinity.
4. All rubble, debris, wood, and damaged or broken concrete on the site resulting from this
construction shall be removed and relocated landward of the coastal construction control line.
5. No permanent exterior lighting or other structures or activities are authorized.
Approved plans are incorporated into this permit by reference.
Done and ordered this .2-O44-day of2013, 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. G� L
111/ i X11 • Valerie Jones, Pe . ager
T eputy Clerk )ate Coastal Constructi e s e trol Line Program
Division of Water Resource Management
PERMITTEE: Mark H. Holmes
PERMIT NUMBER: DU-456
PAGE 3
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 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
PERMITTEE: Mark H. Holmes
PERMIT NUMBER: DU-456
PAGE 4
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 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 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.