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r soak 95 P, -,z, X02 In summary, all state and federal permits and land easements have either been issued or Will be issued within the next two to ten weeks. American Coastal Engineering has provided the County -with a critical path schedule for installing the reef during the summer of 1995. The Beach Committee and the County-- Commission have directed staff and American Coastal Engineering, Inc. to work with all agencies and parties involved to- insure that a summer 1995 installation can occur. Staff has determined that May 22, 1995 is the last date the County can authorize American Coastal Engineering to begin fabrication and be guaranteed of a complete installation prior to the fall storms. The decision to authorize American Coastal Engineering, Inc. to mobilize and begin: fabrication has three risk elements at this time. 1) The State DEP Permit can be stopped by any individual that files for an Administrative Hearing pursuant the Chapter 120 process. This process will delay the permit's effective date until a hearing is held and the Hearing Officer has rendered a decision. 2) Should the County authorize American Coastal to proceed and installation is delayed pending an Administrative Hearing, the mobilization cost ($200,925) cannot be recovered. 3) The unidentified magnetometer anomalies may have a significant cultural resource and prevent the installation of some of the breakwater segments. Staff received today,(May 18, 1995)a copy of a letter from Frank Zorc dated May 16th to the Beach Committee and County Commissioners that states his intent to file a petition or petitions for a formal Administrative Hearing under Section 120.57 and 161.053 of the Florida Statutes. A petition for hearing revokes the permit until the hearing process is complete. Once the permit is issued, a person has fourteen days to file for an Administrative Hearing, the State of Florida then has fifteen days to respond to the petitioner and set a date for hearing. If it is shown that the petitioner is not a person of standing, then the request for hearing will .-be denied, this wgil-1 take approximately twenty-nine days. However, staff has been informed by the County Attorney's office, a person of standing is broadly defined, therefore, staff is assuming that Mr. Zorc will be considered to have standing. Staff will be meeting with American Coastal Engineering to determine the minimum construction schedule and if delaying a notice to proceed for appeal procedures will jeopardize the project for this summer. In addition, the County Attorney's Office is being consulted regarding what actions the County can take if a 120 Hearing is requested. Staff will make a recommendation regarding the issuance of a Notice to Proceed at..the Commission Meeting. Draft PEP Permit Letter from American Coasta3 Engineering, Inc. Letter from Frank Zorc Letter from State Historic Officer 44 May 23, 1995 � � r