HomeMy WebLinkAboutMultiPDF0913-01„y
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Jelo Bush
Governor
Department of
(Environmental Protection'
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
February 19, 2001
Mitchell B. Malvan, President
2900 North A-1-A
North Hutchinson Island, Florida 34949
Dear Mr. Malvan:
NOTICE TO PROCEED WITHHELD
PERMIT NUMBER: SL•177
PERMITTEE NAME: Surf N Sand Properties, Inc.
David B. Scrubs
Secretary
V
�. Your request for a permit pursuant to Section 161.053, Florida Statutes, for construction or
other activities seaward of the coastal construction control fine, has been approved by the Department
of Environmental Protection. However, construction may not commence until after the permittee
has received a notice to proceed in accordance with Special Permit Conditions 1 and 2, and the
permittee complies with any preconstruction requirements described in Special Permit Conditions 3,
4, and 5.
Please read the permit and permit conditions including both the Standard Permit Conditions
and any Special Permit Conditions closely before starting construction. Standard Permit Conditions
i(q), 1(r), and I(s) pertain to written reports which must be submitted to the Department of
Environmental Protection under the signature and seal of a professional engineer, architect, or land
surveyor (as appropriate) 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 of the Office of Beaches and Coastal Systems 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 February 16, 2004. 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 accordande 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 the Secretary of the Commission at The Capitol, Roon �e2105,
both
Tallahassee, Florida 32399, within twenty days after this order is clerked. You must also seryL arI
the Department of Environmental Protection, Department Clerk, 3900 Commonwealth Boge copy
Mail Station 35, Tallahassee, Florida 32399, and any other person named in this order with a
of the request within twenty days from the date of this order.
"More Protection, Leis Process”
Printed on recyded'.paper.
7
Mitchell B. Malvan, President
February 19, 2001
Page 2
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 28-106.201 of the•
Florida Administrative Code, as indicated below. Send requests for hearings to the 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 an administrative law judge. Once an administrative law
judge 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. When the Florida Land and Water Adjudicatory Commission receives an
adequate and timely request for review, it will schedule the request for acceptance by the
Commission.
Rule 28-106.201(2) of the Florida Administrative Code requires that a petition or request for
hearing contain the following information:
(1) The name and address of each agency affected and each agency's file or identification
number, if known;
(2) 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 will be affected by the agency determination;
(3) A statement of when and how the petitioner received notice of the Department's action;
(4) A statement of all disputed issues of material fact. If there are none, the petition must
so indicate;
(5) A concise statement of ultimate facts alleged, including the specific facts the petitioner
contends warrant reversal or modification of the Department's proposed action;
(6) A statement of the specific rules or statutes the petitioner contends require reversal or
modification of the Department's proposed action; and
(7) A statement of the relief sought by the petitioner, stating precisely the action petitioner
wishes the Department to take with respect to the Department's proposed action.
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