HomeMy WebLinkAboutFDEP Approvall • 2 0/57 ..
Florida Governor
Department of Rick Scott
�,a°
Environmental Protection
Carlos Lopez-Cantera
Bob Martinez Center: Lt. Governor
0 0.
::2600 Blair Stone Road
Jonathan P. Steverson
o tim Tallahassee, :Florida.32399-2400
'yenta► 4`' .
(850) 245=8336 Secretary
February 24, 2016
Jose A. and Milagros M. Morites, Trustees.
c/o Darwin C. Stubbs,, P.E.
Isiminger & Stubbs Engineering, Inc.
�•:4 .649 U.S. Highway I;:Suite 9. .
North Palm Beach, Florida 3340.8
Dear Mr. Stubbs:
Notice to Proceed Issued
..Permit Number:. SL-315. .
Permittee Name: Jose A. arid Milagros M. Morites, Trustees.
Your request for a permit pursuant to Section' 16.1.053, 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
Conditions 1 and 3
Please -read thepermit: and permit: conditions including both the, .General Permit Conditions: and any
Special, Permit Conditions closely before starting .construction. General Permit Conditions 1(q), 1(r),
and 1(s) pertain. to written reports which must be submitted to the Department of Environmental=
Protection at specified. times. The forms for the reports: 1(q) Periodic Progress Report (DEP Form -
73-111), 1(r) Foundation Location Certification (DEP Form73-114B),'and.l(s) Final Certification
(DEP : Form . 73-115B) are available :by :,clicking: on the.. following link
http://www.den.state.fl.us/beaches/fonns.htm#CCCL.. Each form may be. submitted electronically.
The periodic reports are due in the office on a monthly -basis. No- progress reports ' are required until
such time: as construction activities have started.
The permit will expire on February 23,.2019. 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. Ifyou have any
questions pertaining tothis ermit ' lease contact me b mail : at the letterhead address add Mail
q. p g p � p Y (
Station.3522), by.telephone at (850) 245-767L
... . .. �FILE:CO:PY..
www. dep:statefl. us
DePar
r STATE OF FLORIDA
: tia DEARTMEN N ONMEN PROTECTION
N
Division of Water Resource Management
° 2600 Blair Stone Road :Mail Station 3522
Tallahassee, Florida 32399-2400
(850) 245 -8336
4
- ental P
PERMIT NUMBER: SL-315
PERMITTEE
Jose A. -and Mi agros M. Montes, Trustees ..
c/o Darwin C. Stubbs, P.E.
Isiminger & Stubbs Engineering; Inc.
'649 U.S. Highway 1, Suite 9
North Palin Beach, Florida 33408
r NOTICE TO PROCEED AND PERMIT: FOR CONSTRUCTION OR OTHER ACTIVITIES
PURSUANTTO SECTION 161,.053, FLORIDA STATUTE
FINDINGS: OF 'FACT: 'An application. for 'authorization to conduct the: activities seaward of the coastal
construction control line that'areindicated in the project description, was filed by the. applicant/permittee.
named herein on December 23, 20.15, and was determined to becompletepursuant to rule on 'December 28;
2015. The proposed project is to beJocated landward:of the 30-year erosion projection. The proposed -project
is to be located no, further seaward than major structures permitted by the Department in the immediate area.
CONCLUSIONS OFLAW: 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/duhe areas or to adjacent properties; that the work is :not expected to adversely
impact nesting sea turtles, their,hatchlings, or their habitat; and that the, work is expendable in nature and/or is
appropriately designed in accordance with Section 6213-33.005, Florida,Administrative Code. Based on -the
foregoing considerations, the Department approves the application; authorizes construction and/or activities at
the location indicated below in: strict accordance with the project description, :the. approved :plans 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: February 23; 2019
LOCATION:. -Between - approximately 460.. feet and .500 feet. south of .the Department of .Environmental
Protection's—T erence_� monument R 65 in Saint Lucie County.. Project address:.4920 Watersong Way,:Fort
Pierce.
PROJECT DESCRIPTION:
Single -Family Dwelling
1. Location relative to control line: A maximum of 131.8 feet seaward:
2. Exterior dimensions: 77 feet in the shore'normal direction by 28 feet in the shore -parallel direction:
PERMITTEE: Jose. A. and Milagros M: Montes, Trustees,
PERMIT NUMBER; SL-315
PAGE 2
3. Type of foundation: Pile.
4: Elevation of understructure parking area: +6.0 feet:(NAVD).:.
Excavation/Fill
1. Total volume of excavation: .Approximately 156..cubic. yards. Volume of. net excavation: None;.
excavated material to be placed as fill on the -project site.
r .. 2. Location.of excavation: From.54.7 feet.to 131.6 feet seaward.of the control line.
3.. Maximum depth of excavation: To. pile tip elevation.
4: Volume of fill to be. placed: Approximately 275 cubic yards.
5.' Location of fill to be placed: From 54:7 feet to 11.6.6 .feet seaward of the control line.
Other. Structures/Activities
.1. Two brick paver sidewalks are :to be located on the north and 'south sides of the dwelling a. maximum
of approximately 122feet seaward of the control, line:
2: A brick paver driveway is to be.located .landward of the dwelling.
3. Landscape planting is to be, located a maximum of approximately 172 feet seaward of the control. line.
4. Exterior lighting.
SPECIAL PERMIT CONDITIONS:
L 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., The proposed locations of the: structures
shall be `staked out for the conference. Contact Jason Spanier at (772) 919-5786. to schedule a
conference.
2. All rubble and debris existing on the. lot or resulting from :new construction shall be: removed:and:
disposed of in a location landward :of the coastal construction control line.
3. All :imported. fill material shall be. obtained from a source landward of'the, control .line and shall consist
of sand. which is. similar to..that already on the: site in both ' grain size and coloration. All imported and
in situ fill material shall be free of construction debris; rocks, or other foreign matter. A sample of the
sand shall be provided to the- staff representative of the Department during the preconstruction
conference.
per. PERMITTEE: Jose A. and Milagros M. Montes, Trustees
PERMIT. NUMBER: SL-31:5
PAGE 3
4 Plantings in the project site shall not include .invasive. nuisance, plant species such as listed in: the
Florida Exotic Pest Plant; Council's List of Category I and II Invasive Species.
5. All •lighting shall be shielded; 'installed and maintained as depicted in the approved lighting schematic
and cut sheets, with the following; exception: no exterior lights.:are authorized on the seaward third .
level balcony. Bulbs used withim the fixtures should feature long wavelength emission :(greater than
580 nanometers), with a maximum 480 lumen output. No additional'exterior lighting is authorized.
wt
Approved plans are incorporatedinto this .permit by reference.:
Done and ordered this 23rd day of February, 2016, 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 ..
02/23/2016 Fritz Wattstein, Environmental Consultant
Deputy Clerk Date Coastal Construction Control Line Program:
Division of Water Resource Management
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 Hearin
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. Pursuarit.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;
PERMITTEE: Jose A. and Milagros M: Montes, Trustees
PERMIT NUMBER: SL-31.5 .
PAGE 4
(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 receipt of such notice,
regardless of the date of publication.: The failure to file apetition 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 28406.205, 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. ranning.of the time.
period for filing a petition until the request is acted .upon.
Mediation
Mediation is not available in this proceeding. -.
a
PERMITTEE: Jose- A. and Milagros M. Montes, Trustees.
PERMIT NUMBER: SL-315 .. . ....
PAGE 5
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 fling 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.
jK
Newspaper Publication
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, F.S. 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, F.S.. 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, F.S.
Florida Department of Environmental Protection (DEP)
Division of Water Resource Management
Coastal Construction Control Line
PR01E(f1011 2600 Blair Stone Road, Mail Station3522
: Tallahassee, Florida 32399-2400
a
0
(850) 245-8336
FLOR a General Permit Conditions
Rule 6213733.0155, Florida Administrative Code
I. The following general permit conditions shall apply, unless waived bythe Department or modified by the permit: .
(a) The permittee shall carry out the construction or activity for.which the permit was granted in accordance with the plansand
specifications that. were approved by the .Department as part of, the permit.. Deviations, therefrom,: without written approval from the
Department, shall be grounds for suspension of the work and .revocation of the permit pursuant ao Section 120.'60(7), F.S:; and shall
result in assessment of civil fines or issuance of an order to alter or remove the unauthorized work, or both. No other construction or
activities shall be. conducted. No modifications to .project size, location,. or structural design are authorized without prior written
approvalfrom the Department. A. copy of the notice to. proceed- shall be conspicuously displayed at, the project. site. Approved plans
shall be made available for inspection by a Department representative. . .
(b) The permittee shall conductthe, construction or activity authorized under the permit using extreme care to prevent any adverse
impacts to the beach and dune system, marine turtles; their nests and habitat; or adjacent property and structures.
(c) The permittee shall allow any duly identified and authorized member of the Department to enter upon the premises associated
with the project authorized by the permit for the purpose of ascertaining -compliance with the: terms of the permit and with the rules of
the Department until all construction or activities authorized or required in the permit have been completed and all project performance
.`reports, certifications, or other documents are received by the Department and determined to'be consistent with the permit and
approved plans.
(d) The. permittee :shall. hold and save the State of Florida, the Department, and its officers and: employeesharmless from any
damage, no matter how occasioned and no. matter what the amount, to persons or property that might result from the construction or
activity authorized under the permit and from any and all:claims:and judgments resulting from such damage.
(e) The..permittee shall allow. the Department to use all records,' notes, monitoring. data, and .other information relating to
:construction or any activity under the -permit, which are submitted, for any purpose necessary except where such 'use is otherwise
specifically forbidden by law..
(f) Construction traffic shall not occur and building materials shall not be stored on vegetated areas seaward of the control line
unless specifically authorized by the permit._If.the Department determines that this requirement is not being met, positive control
measures, .such as temporary fencing, designated access roads,- adjustment of Construction: sequence, or other requirements,' shall be
provided by the permittee at the direction of the Department. Temporary construction fencing shall not be sited within marine turtle
nesting habitats:
(g) The permittee, shall not disturb existing beach and dune topography and vegetation except as expressly authorized in the
permit. Before the .project is considered complete, any disturbed topography. or vegetation shall be restored as prescribed in the permit
with suitable fill material or revegetatedmith appropriate beach and dune vegetation.
(h) All fill material -placed seaward of the: control line shall be sand which is- similar to that already existing on the site in both
coloration and grain size. All such fill material shall be free of construction debris; rocks, clay, or other foreign matter; -shall be..
obtained.from a source landward of the coastal construction control line; and shall be free of coarse gravel or cobbles.
(i) If surplus' sand fill -results from any approved excavation seaward of the control line, such material:shall be distributed seaward
of the control line on the site, as directed by the Department,:unless otherwise specifically authorized by the permit.: .
(j) Any native salt -tolerant vegetation destroyed during construction. shall be replaced with plants of -the same species or, by
authorization of the Department, with other native salt -tolerant vegetation: suitable for beach and dune stabilization. Unless otherwise
specifically authorized by the Department, all: plants installed in beach and coastal areas — whether to. replace vegetation displaced,
damaged, or destroyed during construction or otherwise — shall be of species indigenous to Florida beaches and dunes, such as sea
oats, sea grape, saw.pahnetto; panic grass, saltmeadow hay cordgrass, seashore saltgrass, and railroad vine; and grown from stock
indigenous to the region in which the project is located.
(k) All topographic restoration: and, revegetation work is subject to approval by the Department, and the. status of restoration shall
be reported as part of the final certification of the actual work performed.
(1) If not specifically authorized elsewhere in: the permit, -no operation, transportation, or storage of equipment or materials is
authorized seaward of the dune crest or rigid coastal structure during the marine turtle nesting season. The marine turtle nesting season
:is May. 1 through October31 in all counties except Brevard, Indian River, St. Lucie Martin, Pahn Beach, and Broward counties where
leatherback turtle nesting occurs during the period of March 1 through October 31.
(m) If not specifically authorized elsewhere in the permit, no temporary lighting of the construction area is authorized at any time
during the marine turtle nesting season and no additional permanent exterior lighting is authorized.
General Permit Conditions (May 31, 2.007) Page
1
(n) All windows and glass doors visible from any point on the beach must_ be tinted to a transmittance value _(light transmission
from inside.to outside),bf 45% or less throughthe use of tinted glass or window film:
(o). The permit has been issued to a specified property owner and is not valid for any other person unless -formally transferred. An
applicant requesting transfer of the permit' shall sign two. copies of the permit transfer agreement form, agreeing to comply with all
terms and conditions of the _permit; .:and return both copies to, the Bureau. The transfer request shall be: provided on the form entitled
"Permit Transfer Agreement" — DEP Form 73-103 (Revised 1/04), which is hereby adopted and incorporated by reference..No work
shall proceed under the permit until the new owner has received. a:copy of the; transfer agreement approved by the Department. A copy
of the transfer agreement shall be displayed on the construction site along with the permit. An expired permit shall not be transferred:
(p) The :permittee shall immediately inform the Bureau of any change of mailing address of the permittee and any authorized agent
until all requirements of the permit are meta
(q) For .permits involving major structures or activities, the permittee shall ,submit to the Bureau periodic' progress reports on a
monthly basis beginning at the start:of construction and continuing until all work:has been completed. If a permit involves either'new
armoring or major reconstruction of existing armoring,.the reports shall be'certified by an, engineer licensed in the State of Florida. The -
permittee or engineer, as appropriate, shall.certify that as of the date of each report all :construction has been.performed in compliance .
with the plans and project description approved as a part of the permit and with all conditions of the permit, or shall specify any -
deviation from the plans, project description, or.conditions of the permit. The report shall also state the percent of completion of the
project and each major individual component. The reports shall be provided to the Bureau usina. the form entitled "Periodic Progress
w 'Report" --DEP Form-73-111 (Revised 6/04); which is hereby adopted and incorporated by reference. Permits for minor structures or
activities do not require ;submittal of periodic reports unless required by special permit condition.
.
(r) For permits involving habitable major structures, all construction on the permitted structure shall stop when the foundation
pilings have been installed. At that time the foundation location form shall. be submitted to and. accepted by. the Bureau, prior .to
proceeding with further vertical construction above the foundation. The' form shallbe signed by a professional surveyor, licensed
pursuant to Chapter 472; F,S., and shall be based upon such surveys performed in: accordance with Chapter 472, F.S., as are necessary
to determine the actual configuration and dimensioned: relationship of the installed pilings to the control line. The information shall be:
provided to the Bureau using the form entitled "Foundation Location Certification" = DEP Form 73=114B. (Revised 9/05); which is
hereby adopted- and incorporated .by reference. Phasing .of foundation certifications is acceptable. The Department shall notify the
permittee of approval or rejection of the form within seven (7) working days after staff receipt of the form. All survey information
upon which the form is based:shall be made available, to the Bureau upon request. Permits for repairs: or additions to existing; structures
with,nonconforming foundations are exempt -from this condition.
(s) For permits involving majorstructures' the. permitted: shall provide the Bureau with a report by an engineer or architect licensed
'in the State -of Florida within thirty (30) days following completion. of the work. The report shall state that all locations specified by the
:permit have been verified and that other construction and activities authorized by the permit have been performed in compliance with.
the plans and project description approved as a part of the. permit and, all conditions of the permit; or shall describe any deviations from
the 'approved plans, project description, or permit'conditibns, and any work not, performed.'Such report shall not relieve the perinittee
of the provisions of paragraph 62B-33.0-155(1)(a), F.A.C. If none of the permitted work is performed, the permittee shall inform the
Bureau in writing no later than 30 days following expiration of the permit. The report shall be provided on the form entitled "Final'
Certification" DEP Form 73-1 l5B:(Reyised 9/05), which is hereby adopted and incorporated.by.reference._
(t) Authorization for construction of armoring or other rigid coastal structures is based on an engineering review and assessment of
the design and anticipated performance .and impact_ of the structure as a complete unit. Construction of any less than the complete .
structure as approved by the Department is not authorized and shall resultin the assessment of an administrative fine:and the issuance
of an,order to remove the partially constructed 'structure. Modifications to the project size, location, or structural design shall be
authorized by the.Department.in accordance with Rule 62B-33.0.13, F.A.C..
2. The permittee shall not commence any excavation, construction, or other physical activity on or encroaching on the sovereignty
land of.Florida seaward of the mean high water line or; if established, _the erosion control line until the permitted has: received from
the Board of Trustees of the Internal .Improvement Trust Fund the required lease, license, easement, or other form of consent
authorizing the proposed.use::
3.: The permittee shall obtain any applicable licenses or permits required by Federal, state, county, or municipal law.
4. This. permit does riot authorize trespass onto other property.
5. In the event of -a conflict between a general permit- condition and a special permit condition, the special permit condition shall
Prevail.. .
6. Copies of any forms referenced above can be obtained by writing to the Department of Environmental Protection,. Bureau of
Beaches and Coastal Systems, 3900 Commonwealth Boulevard, Mail Station.300, Tallahassee, Florida 32399-3000, or by
telephoning (850)48877708.
General Permit Conditions (May 31, 2.007) Page 2