Okaloosa County BOCC — December 18, 2012 — Request for Bids — reading text

nesting season such as storing equipment, minimizing driving, and follow up meetings during construction. If deleted portions of the project shall be used as construction travel corridors, permit conditions for construction activities should still be applied. www.dep.state.fl.us Notice of Permit Modification Permit Modification No. 0286575-004-JN Western Destin Beach Restoration Page 4 of 8 22. Lighting Surveys. A survey of all artificial lighting visible from the project beach shall be conducted after the beach restoration project, and shall include the deleted 2,900-foot segment of the beach. The surveys shall document all lighting visible from the post-project restored beach. The post-project survey shall be conducted by May 15 following the project work and again by June 15, July 15, August 15, and September 15 of that nesting season. For each light source visible, it must be documented that the property owner(s) have been notified of the problem light with recommendations for correcting the light. Recommendations must be in accordance with the Florida Model Lighting Ordinance for Marine Turtle Protection, F.A.C. 62B-55. A summary report of each survey including documentation of property owner notification shall be submitted to the USFWS Panama City Florida field office by the 1st of the following month; and a final summary report provided by December 15 of that year. After the final report is completed, a meeting must be set up with the USFWS to discuss the survey report and documented sea turtle disorientations. After thorough review of your application, staff finds that the proposed modification is not expected to adversely affect water quality or be contrary to the public interest. Staff has also determined that the proposed alteration does not increase the potential for adverse impact on the coastal system, public beach access seaward of the mean high water line or nesting sea turtles and hatchlings and their habitat, and that the proposed alteration does not reduce the design adequacy of the project. Since the proposed modification is not expected to result in any adverse environmental impact or water quality degradation, the permit is hereby modified as stated above. By copy of this letter and the attached drawings, we are notifying all necessary parties of the modification. This letter of approval does not alter the December 16, 2016 expiration date, other Specific or General Conditions, or monitoring requirements of the permit. This letter and the attached drawings must be attached to the original permit. This permit is hereby modified unless a sufficient petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, Florida Statutes (F.S.), as provided below. The procedures for petitioning for a hearing are set forth below. Mediation under Section 120.573, F.S., is not available for this proceeding. NOTICE OF RIGHTS 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, F.S. The petition must contain the information set forth below and 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. www.dep.state.fl.us Notice of Permit Modification Permit Modification No. 0286575-004-JN Western Destin Beach Restoration Page 5 of 8 Because the administrative hearing process is designed to redetermine final agency action on the application, the filing of a petition for an administrative hearing may result in further modification of the permit or even a denial of the application. If a sufficient petition for an administrative hearing or request for an extension of time to file a petition is timely filed, this permit modification automatically becomes only proposed agency action on the application subject to the result of the administrative review process. Accordingly, the applicant is advised not to commence construction or other activities under this permit modification until the deadlines noted below for filing a petition for an administrative hearing or request for an extension of time has expired. Under Rule 62-110.106(4), Florida Administrative Code (F.A.C.), 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. 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. If a request is filed late, the Department may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect. In the event that a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Any intervention will be only at the discretion of the presiding judge upon the filing of a motion in compliance with Rule 28- 106.205, F.A.C. In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 14 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), F.S., must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing 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, F.S. www.dep.state.fl.us Notice of Permit Modification Permit Modification No. 0286575-004-JN Western Destin Beach Restoration Page 6 of 8 In accordance with Rule 28-106.201, F.A.C., a petition that disputes the material facts on which the Department’s action is based 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. A petition that does not dispute the material facts on which the Department’s action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule 28-106.301, F.A.C. Under Sections 120.569(2)(c) and (d), F.S., a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. This action is final and effective on the date filed with the Clerk of the Department unless a petition is filed in accordance with the above. Upon the timely filing of a petition this order will not be effective until further order of the Department. This permit modification constitutes an order of the Department. The applicant has the right to seek judicial review of the order under Section 120.68, F.S., by the filing of a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 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 when the final order is filed with the Clerk of the Department. www.dep.state.fl.us  WESTERN DESTIN & OKALOOSA ISLAND DUNE VEGETATION Q-1. The plans for the Western Destin Beach restoration project does not include a plant material table. Is that information available? A. The drawings for the Western Destin Dune Vegetation Project include the estimated plant material quantities, proposed staging areas and signage location. Q-2. The bid schedule under signage shows 98 sign and post for Western Destin and 248 sign and post for Okaloosa. Part 5.1 of the package page 50 an 51 states” “Signage installed near the dune crest adjacent to the walkways and foot path shall be place on both the seaward and landward side of the timber”. How many of the 346 post and signs need to have 2 signs per post? A. The total number of signs per acceptance section and for the total project area are provided in the bid documents and construction drawings. This total number of signs represents both single-sided signs along the toe of the dune (x1) and the double-sided signs (x2) along the dune crest. The contractor is responsible for determining the total number of posts required for these signs as stated in the drawings and specifications. Q-3. The time frame from the mandatory meeting to bid due date is only 5 days. In view that Crestview Florida is not a Next Day Guaranteed delivery location for Delivery service, Can the Due date be extended to Friday Feb 1st. A. The bid opening is January 29, 2013 and will not be extended. Bids must be received by January 29, 2013 and an award recommended by January 30, 2013 and will not be extended. Bids must be received by