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HomeMy WebLinkAboutFDEP NTP.pdfFLORIDA DEPARTMENT OF t'-. /•_3 V ENVIRONMENTAL PROTECTION Bureau of Beaches and Coastal Systems 3900 Commonwealth Blvd., Mail Station 300 Tallahassee, Florida 32399-3000 Telephone (850) 488-7708 NOTICE TO PROCEED Permittee Name: Watersong Property Owners Association, Inc. c/o Timothy Maslin Florida Environmental Consulting, inc. 1835 20°i Street Vero Beach, Florida 32960 Permit Number: SL-287 Permit Expires: November 16, 2015 You are hereby granted final authorization to proceed with construction or activities authorized by this notice. Authorized work must conform to the project description, approved plans, all conditions of Chapter 6213-33, Florida Administrative Code, any preconstruction requirements, and all permit conditions. Project Description: Construction of a swimming pool, pool cabana, other structures/activities, excavation, and fill placement. Project Location: Between approximately 142 feet and 262 feet south of the Department of Enviromnental Protection's reference monument R-65, in Saint Lucie County. Project Address: 4890 Watersong Way, Fort Pierce, Special Instructions: A preconstruction conference is required. The permittee shall comply with all permit conditions. Questions regarding thi5�potice should be directed to the undersigned at the above address. �C/s> Molly Edson Perr,,irt an(ager Dat ME/dw ce: Permit File Permit Information Center Mark Taynton, Field Inspector Watersong Property Owners Association, Inc., Property Owner St. Lucie County, Building Official Post Conspicuously on the Site DEP Fonn 73-131 (Updated 2/06) Florida Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Comruonwealth Boulevard Tallahassee, Florida 32399-3000 November 19, 2012 Watersong Property Owners Association, Inc. c/o Timothy Maslin Florida Environmental Consulting, Inc. 1835 20'h Street Vero Beach, Florida 32960 Dear Mr. Maslin: Notice to Proceed Issued Permit Number: SL-287 Permittee Name: Watersong Property Ownet•s Association, lnc. it��i< `icon tr��e,,,<�r 7eunifer Carroll Lf. Governor 1lercchcl T. Vinyard Jr, Secretar}� Your request fm• a permit pursuant to Section 161.053, Florida Statutes, for construction or other activities seaward of the coastal construction contol line, has been approved by the Department of Environmental Protection; the permit is enclosed. However, construction may not commence until after the permittee complies with any preconstuction requirements described in Special Permit Conditions) 1, 2, and 3. Please read the permit and permit conditions including both the General Permit Conditions and any Special Permit Conditions closely before starting constuction. 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. 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. The permit will expire on November 16, 2015. Upon receipt of a written request signed by the permittee or authorized agent, the Depar•Iment 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. NOTICE OT 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. ivinw. dep. sia(c,/7. us Timothy Maslin November 19, 2012 Page Two Petition for Administrative Hearing 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. Pursuant 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; (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; (0 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 Filine a Petition In accordance with rule 62-110.106(3), Florida AdminisUrative 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 a petition 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 28-106.205, Florida Administrative Code. Timothy Maslin November 19, 2012 Page Three 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 Corn monwealth 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 running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. 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 filing 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. The authorized work is strictly limited to that described on the enclosed permit. If you have any questions pertaining to this permit, please contact me by mail at the letterhead address (add Mail Station 300), by telephone at (850) 921-7778, or by email at molly. edson(c�dep.state, flLis, Sincerely, F4 Iry � Molly Edson, Permit nager Bureau of Beaches and Coastal Systems ME/dw Enclosures cc: Permit Information Center Mark Taynton, Field Inspector St. Lucie County, Building Official Watersong Property Owners Association, Inc., Property Owner STATE OF FLORIDA Rolfvio DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of Water Resource Management o`I Bureau of Beaches and Coastal Systems z � 3900 Commonwealth Blvd. - Mail Station 300 FLORfDA Tallahassee, Florida 32399-3000 (850) 488-7708 PERMIT NUMBER: 3L-287 PERMITTEE Watersong Property Owners Association, Inc. c/o Timothy Maslin Florida Environmental Consulting, Inc. 1835 20`I' Street Vero Beach, Florida 32960 PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES PURSUANT TO SECTION 161.053, FLORIDA STATUTES FINDINGS OF FACT: An application for authorization to conduct the activities seaward of the coastal construction control line that are indicated in the project description, was filed by the applicant/permittee named herein on August 28, 2012, and was determined to be complete pursuant to rule on August 28, 2012. The proposed project is to be located landward of the 30-year erosion projection. No line of construction has been established in this area. However, the project is located landward of major structures permitted by the Department in the immediate vicinity, CONCLUSIONS OF 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/dune areas or to adjacent properties; that the work is not expected to adversely impact nesting sea turtles, their hatchlings, or their habitat; that the work is expendable in nature and/or is appropriately designed in accordance with Section 6213-33.005, Florida Administrative Code; and that it is an activity or type of construction which the designee of the Chief of the Bureau of Beaches and Coastal Systems has authority to approve or deny pursuant to Delegation of Authority, DEP Directive 137, effective May 14, 2001. Based on the foregoing considerations, the designee approves the application; authorizes construction and/or activities at the location indicated below in strict accordance with the project description, the approved plans (if any) 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: November 16, 2015 LOCATION: Between approximately 142 feet and 262 feet south of the Department of Environmental Protection's reference monument R-65, in Saint Lucie County. Project address: 4890 Watersong Way, Fort Pierce, PERMITTEE: Watersong Property Owners Association, Inc. PERMIT NUMBER: SL-287 PAGE 2 PROJECT DESCRIPTION: Swimming Pool 1. Location relative to control line: A maximum of 111.2 feet seaward. 2. Exterior dimensions: 20 feet in the shore -normal direction by 40 feet in the shore -parallel direction. 3. Type of foundation: Pile. 4. Deck elevation of swimming pool: +6.9 feet (NAND). 5, Bottom elevation of swimming pool: +3.0 feet (NAVD). 6. Height of pool deck above existing grade: 1.4 feet. Pool Cabana 1. Location relative to control line: A maximum of 125.7 feet seaward. 2. Exterior dimensions: 15.4 feet in the shore -parallel direction by 48 feet in the shore -normal direction. 3. Type of foundation: Pile. Excavation/Fill 1. Total volume of excavation: Approximately 89 cubic yards. Volume of net excavation:,None; excavated material to be placed as fill on the project site. 2. Location of excavation: From 91.2 feet to 111.2 feet seaward of the control line. 3. Maximum depth of excavation: To elevation+3.0 feet (NAVD); 2.5 feet below existing grade. 4. Volume of fill to be placed: Approximately 242 cubic yards. 5. Location of fill to be placed: From 59 feet to 172 feet seaward of the control line. PERMITTEE: Watersong Property Owners Association, Inc. PERMIT NUMBER: SL-287 PAGE Other Structures/Activities 4. A 13-foot wide concrete swimming pool deck attached to the periphery of the swimming pool is to be located a maximum of 130.2 feet seaward of the control line. 5. A 6-foot fence around the pool deck is to be located a maximum of 130.2 feet seaward of the control line. 6. A 5-foot wide paver sidewalk of connecting the pool deck to the existing dune walkover is to be located a maximum of 172 feet seaward of the control line, and to require a yard drain. 7. A 5-foot wide concrete pathway located landward of the pool is to be located a maximum of 73 feet seaward of the control line. 8. A pool equipment pad is to be located on the northeast corner of the pool cabana. 9. Landscape planting is to be located a maximum of 150 feet seaward of the control line. 10. Exterior and landscape lighting. SPECIAL PERMIT CONDITIONS: 1. Prior to commencement of construction activity authorized by this permit, a preconshliction conference shall be held at the site among the contractor, the owner or authorized agent, and a staff representative of the Bureau of Beaches and Coastal Systems 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 Mark Taynton at (850) 488-7708 to schedule a conference. 2. Prior to commencement of conshuction activity authorized by this permit, a temporary construction fence shall be erected along the perimeter of the permitted activity. The fence shall remain in place until the construction authorized by this permit is complete. The optimum siting of the construction fence shall be determined during the preconstruction conference by the staff representative of the Bureau of Beaches and Coastal Systems so as to provide maximum protection to the existing vegetation located on the site. PERMITTEE: Watersong Property Owners Association, Inc. PERMIT NUMBER: SL-287 . PAGE 4 3. All fill material shall be obtained fiom 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. This fill material shall be flee of construction debris, rocks, or other foreign matter. A sample of the sand shall be provided to the staff representative of the Bureau of Beaches and Coastal Systems during the preconst action conference. 4. All lighting shall be installed and maintained as depicted in the approved lighting schematic No additional permanent exterior lighting is authorized. 5. All landscape plantings shall be installed as depicted in the approved planting plan. The overall height of palms and specimen trees planted seaward of a major structure shall not exceed 14 feet overall height (measured from the ground to the growing tip of the unopened bud). The pennittee shall maintain bracing or guying systems for palms and other large trees planted seaward of a major structure for a minimum of two growing seasons. Bracing or guying systems shall include deadmen or anchors designed to resist soil failure from forces created by tropical storms and installed below root ball depth. Approved plans are incorporated into this permit by reference. r Done and ordered this 16 day of NC �l6,dy OeZ— 2012, in Tallahassee, Florida. Attachment: General Permit Conditions FILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to S 120.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby /,acknowledged, "Deputy Clerk Date State of Florida Department of Environmental Protection Frit�//Wettstein, Environmental Manager Bur//beau of Beaches and Coastal Systems Florida Department of Environmental Protection (DEP) Division of Water Resource Management �'souiA01t01 Bureau of Beaches and Coastal Systems F 3900 Commonwealth Boulevard, Mall Station 300 Tallahassee, Flonde 32399.3000 (850) 488-7708 FLOR A General Permit Conditions Rule 6213-33.0155, Florida Administrative Code The following general permit conditions shall apply, unless waived by the 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 plans and specifications that were approved by the Department as part of the pennit. Deviations therefrom, without written approval from the Department, shall be grounds for suspension of the work and revocation of the permit pursuant to 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 approval from 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 conduct the 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 proiect 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 employees harmless 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 revegetated with appropriate beach and dune vegetation. It) 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, sate palmetto, 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 I through October 31 in all counties except Brevard, Indian River, St. Lucie, Martin, palm 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 Permi[ Conditions (June 13, 2004) FINAL CERTIFICATION �gs�,. t4- Bureau of Beaches and Coastal Systems j Division of Water Resource Management rtefl AI Mail to: Florida Department of Environmental Protection 3900 Commonwealth Boulevard Mail Station 300 Tallahassee, Florida 32399-3000 Permit Number: Watersong Property Owners Permittee Name: Association, Inc. This is to certify that the work under the permit for construction or other activities seaward of the coastal construction control line pursuant to Section 161.053, Florida Statutes, was inspected by the undersigned and was found to be acceptable and satisfactory in accordance with the approved plans and project description and with all conditions of the permit. All permitted construction or activities have been completed, and no unpermitted construction or activities have occurred. Location and elevations specified by the permit and approved plans have been verified and found to be correct, and topography and vegetation have been either preserved or restored as required by the permit. FOR WORK INCLUDING: Constructimr of a swimming pool, pool cabana, other structures/activities, excavation, and placement of fill. NOTE: Any deviations from the permit and any portions of the permitted work not actually performed shall be noted and described in detail as an exception to this certification. of Engineer or Architect Typed or Printed Name of Engineer or (Seal) State of Florida Registration Number Date llEP Form 73-1ISB (Updated 9/OS) ��,E �rN EAnX Q FLOR A FOUNDATION LOCATION CERTIFICATION Bureau of Beaches and Coastal Systems Division of Water Resource Management Mail to: Florida Department of Environmental Protection 3900 Commonwealth Boulevard Mail Station 300 Tallahassee, Florida 32399-3000 Permit Number: Watersong Property Owners Permittee Name: Association, Inc, This is to certify that all aspects of the foundation location, as constructed, are in accordance with both the plans and the project description approved by the Department of Environmental Protection as part of the permit. The foundation location certification is based upon such surveys as are necessary to determine the actual location specified below: Distance the seawardmost piling has been placed as measured perpendicular to the coastal construction control line: feet Note: Any deviations from the approved plans and specifications shall be stated as an exception to this certification. No further vertical construction on the permitted structure is authorized until the Bureau of Beaches and Coastal Systems has notified the permittee, in writing, that this foundation location certification has been approved. Signature of Applicant Typed or Printed Name of Applicant of Surveyor Typed or Printed Name of Surveyor (Seal) Stale of Florida Registration Number 1 Date DEP Form 73-I 14I3 (Updated 9/05) PERIODIC PROGRESS REPORT �r4; Iosn _) Bureau of Beaches and Coastal Systems Division of Water Resource Management 0'�(2 FLORI6A T , Mail to: Florida Department of Environmental Protection 3900 Commonwealth Boulevard Mail Station 300 Tallahassee, Florida 32399-3000 PERMIT NUMBER: SL-is% WATERSONG PROPERTY PERMITrEE NAME: OWNERS ASSOCIATES. INC. If construction has occurred, please describe its maximum extent in the Space provided below if no work at all has been performed, please report "Not Started." If construction or other authorized activity has begun but no progress has been made since the last report, please report "No Progress"): CONSTRUCTION TO DATE INCLUDES: 2. All work performed as of this date is described above and is hereby certified to be in compliance with the project description and plans approved by the Department of Environmental Protection as part of the permit and with all conditions of the permit. Locations and elevations of all construction as of this date have been specifically verified as applicable and have been found to complywith the project description, approved plans, and conditions of the permit. No unpermitted construction or activity has occurred (Any exceptions to the statement above are to be described and explained under Item Number 1 above, as part of this report. The explanation should state why the construction or activities not in accordance with the permit has occurred.) 3. The property owner or authorized agent may sign these progress reports. However for new armoring or major reconstructed armoring, the reports must be signed by an engineer licensed in the state of Florida following each period in which construction has occurred. Signature of Engineer (if applicable) Typed or Printed Name of Engineer (if applicable) Florida Registration Number (if applicable) Signature of Property Owner or Authorized Agent (if applicable) Typed or Printed Name of Property Ovmer or Authorized Agent (Seal) DPP Form 73-1 l 1 (Revised 6I04)