HomeMy WebLinkAboutFDEP PERMITDe
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Water Resource Management
2600 Blair Stone Road - Mail Station 3522
Tallahassee, Florida 32399-2400
(850) 245-8336
PERMIT NUMBER: SL-356
PERMITTEE
Cardinal Ocean Development, LLC
c/o David Knight, P.E.
Knight McGuire and Associates, Incorporated
80 Royal Palm Pointe, Suite 401
Vero Beach, Florida
NOTICE TO PROCEED AND 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 21, 2019, and was determined to be complete pursuant to rule on October 23, 2019. The
proposed major structures are to be located landward of the 30-year erosion projection. There is not an existing
line of construction established by major structures in the immediate area.
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. The direct and cumulative impacts to the
beach and dune system that will be caused by the seaward location and shore -parallel width of the proposed
construction represent the maximum such impacts that are acceptable to the Department. Therefore, future
construction on the site seaward of the coastal construction control line shall not extend further seaward of, or
increase the shore -parallel coverage occupied by, the proposed structures approved pursuant to this permit.
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 (if
any) and the General Permit Conditions which are by this reference incorporated herein, and any additional
conditions shown below, pursuant to Section 161.053(4), Florida Statutes.
EXPIRATION DATE: January 16, 2023
LOCATION: Between approximately 76 feet north and 360 feet south of the Department of Environmental
Protection's reference monument R-14, in St. Lucie County. Project address: 4804 Ocean Palms Drive, Ft.
Pierce.
PROJECT DESCRIPTION:
4-Story, 9-Unit Multifamily Dwelling (Sailfish Condominium)
Location relative to control line: A maximum of 118.7 feet seaward.
2. Exterior dimensions: 52.0 feet in the shore -normal direction by 116.0 feet in the shore -parallel direction.
PERMITTEE: Cardinal Ocean Development, LLC
PERMIT NUMBER: SL-356
PAGE 2
3. Type of foundation: Pile.
4. Finished floor elevation: +21.7 feet (NAVD).
5. Elevation of understructure parking slab: +12.0 feet (NAVD).
4-Story, 12-Unit Multifamily Dwelling (Mahi-Mahi Condominium)
1. Location relative to control line: A maximum of 132.0 feet seaward.
2. Exterior dimensions: 52.8 feet in the shore -normal direction by 150.0 feet in the shore -parallel direction.
3. Type of foundation: Pile.
4. Finished floor elevation: +21.7 feet (NAVD).
5. Elevation of understructure parking slab: +12.0 feet (NAVD).
Swimming Pool Located Between Condominiums
1. Location relative to control line: A maximum of 120.3 feet seaward.
2. Exterior dimensions: 29.2 feet in the shore -normal direction by 16.0 feet in the shore -parallel direction.
3. Type of foundation: Pile.
4. Deck elevation of swimming pool: +19.0 feet (NAVD).
5. Bottom elevation of swimming pool: +13.1 feet (NAVD).
6. Maximum depth of swimming pool: 5.5 feet.
7. Height of pool deck above existing grade: 2.5 feet.
Excavation/Fill
1. Total volume of excavation: Approximately 790 cubic yards. Volume of net excavation: None;
excavated material to be placed as fill on the project site. See Special Permit Condition 3.
2. Location of excavation: From 34.4 feet to 132 feet seaward of the control line.
3. Maximum depth of excavation: To elevation +13.1 feet (NAVD); 1 foot below existing grade.
4. Volume of fill to be placed: Approximately 790 cubic yards.
5. Location of fill to be placed: From 51.6 feet to 142.8 feet seaward of the control line.
PERMITTEE: Cardinal Ocean Development, LLC
PERMIT NUMBER: SL-356
PAGE 3
Other Structures/Activities
8-foot wide, cantilevered balconies attached to the seaward side of the Sailfish (north) condominium
units are to be located a maximum of 126.5 feet seaward of the control line.
2. 8-foot wide, cantilevered balconies attached to the seaward side of the Mahi-Mahi (south)
condominium units are to be located a maximum of 139.8 feet seaward of the control line.
A 5-foot wide beach/dune walkover structure. See Special Permit Condition 4.
4. A 42.8-foot wide concrete swimming pool deck attached to the periphery of the swimming pool is to be
located a maximum of 124.9 feet seaward of the control line.
Steps attached to the northeast corner of the pool deck are to be located a maximum of 128.6 feet seaward
of the control line.
6. A covered deck at the landward edge of the dune walkover of dimensions 12 feet shore -normal by 14
feet shore -parallel is to be located a maximum of 138.9 feet seaward of the control line.
7. Dry detention areas located on the north and south sides of the condominiums.
A concrete paver block driveway and motor court located landward of the condominiums.
9. Landscape planting. See Special Permit Condition 5.
10. Exterior and landscape lighting. See Special Permit Condition 6.
SPECIAL PERMIT CONDITIONS:
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 Sydney Wilson at (561) 681-6600 to schedule a conference.
2. Prior to commencement of construction 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 so as to provide
maximum protection to the existing native vegetation and dune features located on the site.
All excavated material shall be maintained on site seaward of the coastal construction control line.
PERMITTEE: Cardinal Ocean Development, LLC
PERMIT NUMBER: SL-356
PAGE 4
4. The deck of the walkover structure shall maintain an elevation above the existing dune vegetation
canopy, and the width of the structure shall not exceed 5 feet. The piles for the walkover structure shall
not be greater than 6-inch by 6-inch posts and shall not be encased in concrete. The walkover shall
extend at least up to the existing line of vegetation but not further than 10 feet seaward of the vegetation.
The optimum siting of the walkover structure shall be determined by the staff representative of the
Department during the preconstruction conference to provide maximum protection to the existing dune
topography and vegetation located on the site.
Prior to completion of construction activities authorized by this permit, the permittee shall plant a mix
of a minimum of three native salt -tolerant species to restore the frontal dune and any disturbed areas
seaward of the authorized structures. Dune restoration plantings shall consist of salt -tolerant species
indigenous to the native plant communities existing on or near the site or with other native species
approved by the Department. Plantings in other areas of 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.
6. All lighting shall be installed and maintained as depicted in the approved lighting schematic. No
additional permanent exterior lighting is authorized.
7. No construction, operation, transportation or storage of equipment or materials is authorized on marine
turtle nesting habitat (sandy beach) during nesting season of March 1 through October 31.
To reduce the risk of marine turtle entrapment, walkover structures shall have three (3) feet of vertical
clearance beneath them and at least five (5) feet of horizontal clearance where they meet the beach. The
vertical clearances include support bracing, as well as stairs. The horizontal clearances include between
support pilings, and between stair blocking and pilings. Where these clearances cannot be met (such as
under the stairs), blocking with appropriate materials shall be used to preclude marine turtle, including
hatchling, access. Appropriate materials include solid boards, planks with no more than one inch
spacing, or nylon 1 x 1 mesh. The blocking material shall be buried a minimum of one foot into the sand,
have a vertical minimum height of two feet, and are properly secured to support posts. These clearances
shall be maintained if the elevation of the beach rises or lowers after construction. If adjacent to a
bulkhead, structures shall be constructed as close to the bulkhead as possible (less than a foot) to avoid
entrapment between pilings and the bulkhead.
9. All activity shall be confined to daylight hours. No temporary lighting of the construction area is
authorized at any time during the marine turtle nesting season.
10. All activities shall avoid marked marine turtle nests including those that may be on the beach before and
after the marine turtle nesting season. Any impacts to nests that may have inadvertently occurred or if a
marine turtle nest is exposed, or a dead, injured, or sick marine turtle is discovered, the Permittee shall
ensure that the Marine Turtle Permit Holder be notified immediately such that appropriate conservation
measures can be taken. Within 24 hours of any such occurrence, the Permittee shall submit a report
detailing the incident to the FWC at MarineTurtlegmyfwc.com.
11. All debris (including rocks, sandbags, construction materials, etc.) shall be removed and disposed of in
a location landward of the coastal construction control line. All temporary disturbances in the sand
(including but not limited to ruts, depressions, mounds, etc.) resulting from work activities shall be filled
in and raked smooth after project completion.
PERMITTEE: Cardinal Ocean Development, LLC
PERMIT NUMBER: SL-356
PAGE 5
12. A preconstruction conference shall be held prior to the electrical rough -in for installation of exterior
lights, and include the electrician or electrical contractor, the owner or authorized agent and staff
representatives of the Department and the Florida Fish and Conservation Commission (FWC). The
permit holder shall contact FWC at marineturtle@myfwc.com for scheduling the conference, providing
at least five (5) business days advance notice prior to the conference. A copy of the permitted exterior
lighting plan shall be made available on site for the meeting and shall remain on site for consultation
during the electrical installation. Requests to modify the permitted exterior lighting plan will not be
approved during or after the preconstruction meeting except as specified in the special conditions of this
permit. If FWC staff are unable to attend in person, provisions shall be made for FWC staff to attend
by phone. If the electrician or electrical contractor responsible for the installation of exterior lights is
not available for the initial preconstruction conference, a construction conference shall be held at the site
among the parties identified above prior to commencement of construction for any exterior lighting
authorized by this permit.
13. All permanent exterior lighting shall be installed and maintained as depicted on the approved lighting
drawings, tables and cut sheets stamped by the Florida Fish and Wildlife Conservation Commission
(FWC), signed and dated 01/02/2020. No substitutions or alterations to the approved lighting plan are
allowed. Additional exterior lighting (permanent or temporary, including but not limited to construction,
special event lighting, etc.) is prohibited on any structure or in the landscape in the project area unless
otherwise authorized in an approved lighting plan. If during construction, an approved fixture or lamp
needs to be changed to a different type, manufacturer or catalog number for any reason, or if the location
of any approved fixture needs to be changed, it shall be submitted for review and approval by the
Department and FWC prior to installation. There may be a decrease in the wattage of an approved lamp
and/or a decrease in the total number of each approved fixture without submitting a modified lighting
plan for review and approval.
14. The permit holder shall arrange for a site inspection by the Florida Fish and Wildlife Conservation
Commission (FWC) representatives within 30 days of the completion of all construction activities,
including the installation of all exterior lights, by sending notification to marineturtle@myfwc.com. The
permit holder agrees to allow access to the site for FWC representatives to conduct day or night time
exterior light site inspections upon 48 hour notice of the intent to inspect. If any of the lights become
visible from the beach at any time during the duration of this permit, they may be required to be modified.
15. Within thirty (30) business days after the Florida Fish and Wildlife Conservation Commission (FWC)
has verified to the Department and the permit holder that lighting is installed as indicated on approved
plans and is not visible from the beach, the permit holder shall install marine turtle lighting educational
sign(s) at each permitted major coastal structure with an approved lighting plan for exterior lights. A
copy of the Department and FWC approved sign can be obtained at
https://myfwc.com/media/18008/seaturtle_lightingsin.ib The signs) must be a minimum size of 11
inches by 14 inches and made of durable weatherproof material. The sign(s) must be located near or on
each permitted major structure, in centralized areas of high foot traffic visible to most occupants or
guests, and should be replaced if they become faded, damaged or outdated.
16. In addition to General Condition l(n) of 6213-33.0155 F.A.C., which requires the use of tinted glass or
window film with a maximum transmittance value of 45% or less for all glass windows and doors visible
from the beach, glass walls seaward and lateral sides of the structure must be included. It should be noted
that darker tints that restrict light transmittance up to 15% are preferred to reduce adverse impacts to
marine turtles.
PERMITTEE: Cardinal Ocean Development, LLC
PERMIT NUMBER: SL-356
PAGE 6
17. Permittee shall submit compliance reports as specified in Special and General Permit Conditions of this
permit. General Permit Conditions 1(q) and 1(r) pertain to written reports which must be submitted to
the Department of Environmental Protection at specified times. The forms for the reports: l (q)
Foundation Location Certification (DEP Form 73-11413) and l(r) Final Certification (DEP Form 73-
115B) are available at the website: http://www.dep.state.fl.us/beaches/forms.htm#CCCL. Each form
may be submitted electronically.
18. The final certification report (DEP Form No. 73-115B) shall include a statement from the project
engineer, architect, or lighting designer that all permanent exterior lighting has been installed as depicted
on stamped, approved lighting schematic and cut sheets approved by FWC on 01/02/2020. A copy of
the report on this form that is submitted to DEP shall also be submitted to FWC by email to
marineturtlegmyfwc. com.
GENERAL PERMIT CONDITIONS:
(1) 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 permit. 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 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 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.
PERMITTEE: Cardinal Ocean Development, LLC
PERMIT NUMBER: SL-356
PAGE 7
(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. When required for mitigation, dune vegetation will be considered successfully established if within
180 days of planting, a minimum of 80 percent of the planting units survive, a minimum of 80 percent of the
planted area is covered with native species and the vegetation is continuous without gaps along the shoreline.
(h) All fill material placed seaward of the CCCL shall meet the requirements of subsection 62B-33.005(7),
F.A.C. All such fill material shall be free of construction debris, rocks, clay, or other foreign matter; and shall
be obtained from a source landward of the CCCL.
(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. Sand fill placed seaward of the frontal dune, bluff or coastal armoring in marine turtle
nesting habitat shall be configured such that it does not interfere with marine turtle nesting.
0) 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
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 1 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.
(n) All non -opaque walls, balcony railings, deck railings, windows and doors visible from any point on the
beach must be tinted to a transmittance value (light transmission from inside to outside) of 45 percent or less
through the 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 the permit transfer agreement
form, agreeing to comply with all terms and conditions of the permit, and return it to the Department. 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. Copies of the "Permit Transfer Agreement" form are available at the following website:
https:Hfloridadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl-
forms.
(p) The permittee shall immediately inform the Department of any change of mailing address of the permittee
and any authorized agent until all requirements of the permit are met.
PERMITTEE: Cardinal Ocean Development, LLC
PERMIT NUMBER: SL-356
PAGE 8
(q) 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 Department prior to proceeding with further vertical construction above the foundation. The
form shall be 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 Department 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 Department upon request. Permits for repairs or additions to existing structures with
nonconforming foundations are exempt from this condition.
(r) For permits involving major structures and exterior lighting on major structures, the permittee shall
provide the Department with a report by a registered professional within 30 days following completion of the
work. For permits involving armoring or other rigid coastal structures, the permittee shall provide the
Department with a report by an engineer licensed in the State of Florida within 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, including exterior lighting, 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 conditions, and
any work not performed. Such report shall not relieve the permittee of the provisions of paragraph 6213-
33.0155(1)(a), F.A.C. If none of the permitted work is performed, the permittee shall inform the Department 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 73-115B (Revised 9/05), which is hereby adopted and incorporated by
reference. Copies of the "Final Certification" form are available at the following website:
https:Hfloridadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl-
forms.
(s) 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
result in 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 6213-33.013, 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 permittee 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 not 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 contacting the Department of Environmental
Protection, 2600 Blair Stone Road, MS 3522, Tallahassee, Florida 32399-2400, at
https:Hfloridadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl-
forms or by telephoning (850)245-8336.
PERMITTEE: Cardinal Ocean Development, LLC
PERMIT NUMBER: SL-356
PAGE 9
CAVEAT:
Due to potential adverse impacts to the beach and dune system that may result from additional development on
the property, the shore -parallel and seaward extent of the permitted structures shall not be increased, nor will
any additional major structures be permitted which would exceed the limits established by the permitted
construction seaward of the coastal construction control line.
Approved plans are incorporated into this permit by reference.
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, F.S., 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, F.S. Pursuant to Rules 28-106.201 and 28-106.301,
F.A.C., 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;
(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, or via electronic correspondence
at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address
indicated above at the time of filing.
PERMITTEE: Cardinal Ocean Development, LLC
PERMIT NUMBER: SL-356
PAGE 10
Time Period for Filing a Petition
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and
persons entitled to written notice under Section 120.60(3), F.S., must be filed within 21days 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 21 days of publication of the notice or within 21 days
of receipt of the written notice, whichever occurs first. 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, F.S., 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, F.A.C.
Extension of Time
Under Rule 62-110.106(4), 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, or via electronic correspondence at Agency_Clerk@dep. state. fl.us, before the
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, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190
with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth
Boulevard, 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 must be filed within 30 days from
the date this action is filed with the Clerk of the Department.
PERMITTEE: Cardinal Ocean Development, LLC
PERMIT NUMBER: SL-356
PAGE 11
EXECUTION AND CLERKING
Executed in Tallahassee, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Doug W. Aarons, P.E., Environmental Administrator
Coastal Construction Control Line Program
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this document and all attachments were
sent on the filing date below to the following listed persons:
David S. Knight, P.E., davidkkkni hg tmcguire.com
Property owner, cardinalsouthemkaol.com
Debra Zampetti, St. Lucie Planning and Development Services Zampettidkstlucieco.org
Kori Benton, St. Lucie Planning and Development Services bentonk(cr��,stlucieco.org
Sydney Wilson, CCCL Field Inspector, Sydney.E.Wilson(cr�,FloridaDEP.goy
Rachael Stevenson, Imperiled Species Management Section, Rachael.StevensonkmyFWC.com
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which
is hereby acknowledged.
01/16/2020
Clerk Date