HomeMy WebLinkAboutFDEP Notice to Proceed1a A FLOWA DEPARTMEN^
ENVIRONMENTAL PROTECTION Mms+'F`�r
NOTICE TO PROCEED
Permit Number: SLA72. (Amend) Ml (Corrected)
Permittee: Permit Expires: September 22, 2005
Lake Garden Development, Inc. L rnh n ;
Attn: Adnan Alghita, President f��
Post Office Box 517
Jensen Beach, Florida 34958 AUG - 12005�
You are hereby granted final authorization to proceed with the construction or activities authorized by the peimi number
referenced above. Authorized work must conform with the detailed project description, approved plans, and all conditions
including preconstruction requirements included in the final order. A brief description of the authorized work follows.
Project Description: Construction of a single-family dwelling, wooden beach/dune walkover, a paver -block driveway, a
10-foot wooden gazebo, and placement of fill.
_Project Location: Between approximately 105 feet north and 10 feet south of the Department of Environmental
Protection's reference monument R-12, in St. Lucie County. Project address: 5050 North Highway A-1-A, Fort Pierce.
Special Instructions: Preconstruction conferencerequired.
Questions regarding the permit or this notice should be directed to the undersigned at:
Bureau of Beaches and Coastal Systems
3900 Commonwealth Blvd. - M.S. 300
%�/ Tallahassee, Florida 32399-3000
ate o Notice McDowell, ES III Telephone (850) 488-7708 '
JM/dw
cc: Permit File
Permit Information Center Rexeived
Gene Varano, Field Inspector AUG — 4 2005
Lake Garden Development, Inc., Property Owner
St. Lucie County Building Official ZnvironResourca
DEPF.73-131(Ra.IMP) Post Conspicuously on the Site
JUL 2 '9 2005
i f
CCU AD 1.,,-; i OFFICE
Department of
Environmental Protection
jeb Bush
Governor
Lake Garden Development, Inc.
Attn: Adnan Alghita, President
Post Office Box 517
Jensen Beach, Florida 34958
Dear Mr. Alghita:
Marjory Stoneman Douglas Building
3900 Commonwealth, Boulevard Colleen M. Castille
Tallahassee, Florida 32399-3000 Secretary
July 25, 2005
NOTICE TO PROCEED
PERMIT NUMBER: SL-172 (Amend) M1 (Corrected)
PERMITTEE NAME: Lake Garden Development, Inc.
Your request for a corrected 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 Conditions 5 and 7.
Please read the permit and permit conditions including both the General Permit Conditions and any Special
Permit Conditions closely before starting construction. Standard Permit Conditions 1(q), 1(r) and 1(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 Bureau 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.
Failure to. comply with the permit, including the various reporting requirements contained in the permit
conditions, will result in issuance of a violation notice or order to cease and desist all activities authorized by the
permit. The Department may order illegal construction removed and legal remedies pursuant to Chapter 161 and
775, Florida Statutes, including but not limited to fines of up to $10,000 for each day of violation. Any notice of
violation, including notice of delinquent periodic reports, will be mailed directly to the property owner.
The permit will expire on September 22, 2005. Upon receipt of a written request signed by the permittee or
authorized agent, the Department will consider extending the time limit of the permit. 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.
"More Protection, Less Process"
Printed on recycled paper. FILE cery
v
Adnan Alghita, President
July 25, 2005
Page 2
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 32399-3000.. 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.
Section 120.54(5)(b)4, Florida Statutes and Rule 28-106.201(2), Florida Administrative Code, explain what.
must be included in a petition for a formal administrative proceeding.
(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 issues of material fact disputed by the .Petitioner or a statement that there are no
disputed facts;
(e) A concise statement of the ultimate facts alleged, including a statement of the specific facts that the
Petitioner contends warrant reversal or modification of the Department's action;
(f) A statement of the specific rules or statutes the Petitioner contends require reversal or modification of
the Department's 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 wants
the Department to take with respect to its 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 lapse of time allowed for the filing of such a
request for hearing, may be subject to modification, removal, or restoration.
Adrian Alghita, President
July 25, 2005
Page 3
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, anyparty to the order has the right to seek judicial review under -Section 120.57 of the Florida
Statutes and Rule 9.030(b)(1) and 9.110 of the Florida Rules of Appellate Procedure by filing a notice of'appeal
with the Department of Environmental Protection, Office of General Counsel, Department Clerk; 3900
Commonwealth Boulevard,.Mail Station 35, Tallahassee, Florida 32399-3000, and with the appropriate district
court of appeal within thirty days after this final order is filed with the Department Clerk. The notice filed with the
district court must be accompanied by the filing fee specified in Subsection 35.22(3) of the Florida Statutes. Any
subsequent intervention will only be at the approval of the presiding officer upon motion filed under Rule 2.8-
106.205, Florida Administrative Code.
A person whose substantial interests are affected by the Department's proposed agency action may choose
to pursue mediation as an alternative remedy under' Section 120.573 before the deadline for filing a petition.
Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The
procedures for pursuing mediation are set forth below.
A person may pursue mediation by reaching a mediation agreement with all parties to the proceeding
(which include the applicant, the Department; and any person who has filed a timely and sufficient petition for a
hearing) and by showing how the substantial interests of each mediating party are affected by the Department's
action or proposed action. The agreement must be filed in (received by) the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3060, by the same
deadline as set forth above for the filing of a petition.
The agreement to mediate must include the following:
(a) The names, addresses, and telephone numbers of any persons who may attend the mediation;
(b). The name, address, and telephone number of the mediator selected by the parties, or a provision for
selecting a mediator within a specified time;
(c) The agreed allocation of the costs and fees, associated with the mediation;
(d) The agreement of the parties on the confidentiality of discussions and documents introduced during
mediation;
(e) The date, time, 'and place of the First mediation session, or a deadline forholding the first session, if no
mediator has yet been chosen;
(f) The name of each party's representative who 'shall have the authority to settle or recommend settlement,
and
(g) Either an explanation of how the substantial interests of each mediating party will be affected by the
action or proposed action addressed in this notice of intent or a statement clearly identifying thepetition for hearing
that each party has already filed, and incorporating it by reference:
(h) The signatures of all parties or their authorized representatives.
As provided in Section 120.573 of the Florida Statutes, the timely agreement of all parties to mediate will
toll the time limitation's imposed by Sections 120.569 and 120.57 for requesting and holding an administrative
hearing. Unless otherwise agreed by the parties, the mediation must be concluded within sixty days of the
execution of the agreement. If mediation results in settlement of th IL
instr ti. disput e D
Adrian Alghita, President
July 25, 2005
Page 4
enter a final order incorporating the agreement of the parties. Persons whose substantial interest will be affected by
such a modified final decision of the Department have a right to petition for a hearing only in accordance with the
requirements for such set forth above, and must the file their petitions'within twenty-one days of receipt of
this notice. If mediation terminates without settlement of the dispute, the Department shall notify all .parties in
writing that the administrative. hearing processes under Sections 120.569 and 120.57 remain available for
disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency
action and, electing remedies under those two statutes.
You are advised that notice of this agency's final action on this permit has been given to other interested
parties. They have twenty-one days from receipt of the notice to exercise any rights they may have under Chapter
120, Florida Statutes. Actions undertaken by you under this permit, during this period may be subject to.
modification, removal or restoration.'
The authorized work is strictly limited to that described on the enclosed final order. Please direct any
questions pertaining to this permit to me by letter at the above address, or by telephone 850/921.-7778.
Sincerely,
John McDowell, ES
Bureau of Beaches and Coastal Systems
JM/dw
Enclosures
Certified Mail # 7004 1350 0000 1908 7423
cc: Permit File
Permit Information Center .
Bobbie Nelson,.Field Inspector
St. Lucie County Building Official
Lake Garden Development, Inc., Property Owner
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