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HomeMy WebLinkAboutEnvironmental Protection Letter j i �Q<t01ECRON * Rick Scott p � Flo- ��ialt�inent 0� Governor O ` Environmental Protection Jennifer Carroll 2 7 t a��t Lt. Governor C A Marjory Stoneman Douglas Building FLOR `A- 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Herschel T.Vinyard,Jr. Secretary March 6, 2012 Alexander and Donna Kress c/o Pati Gattis,Permit Specialist Coastal Technology Corporation 3625 20" Street Vero Beach, Florida 32960-2409 Dear Ms. Gattis: Notice to Proceed Issued Permit Number: SL-284 Permittee Name: Alexander and Donna Kress . Your request for a permit pursuant to Section 161.053, Florida Statutes, for construction or other activities seaward of the coastal construction control 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 preconstruction requirements described in Special Permit Condition 1. Please read the permit 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. 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 March 6, 2015. 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. 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. www.dep.statefl.us Pati Gattis, Permit Specialist March 6, 2012 Page Two 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. 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; (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 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. 4 Pati Gattis, Permit Specialist March 6, 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 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 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 moll .edsonndep.state.fl.us. Sincerely, Molly Edson, en-nit Manager Bureau of Beaches and Coastal Systems ME/dw Enclosures cc: Permit Information Center Mark Taynton,Field Inspector St.Lucie County,Building Official Pati Gattis, Permit Specialist,Property Owner 'STATE OF FLORIDA ����`i�PROiE(110K 'OF ENVIRONMENTAL PROTECTION DEPARTIL��-__� Division of Water Resource Management o ' Bureau of Beaches and Coastal Systems z 3900 Commonwealth Blvd: -Mail Station 300 W FLO.R A Tallahassee, Florida 32399-3000 (850)488-7708 PERMIT NUMBER: SL-284 PERMITTEE J - Alexander and Donna Kress c/o Pati Gattis,Permit Specialist Coastal Technology Corporation 3625 20t' Street Vero Beach,Florida 32960-2409 . 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 November 4, 2011, and was determined to be complete pursuant to rule on December 7, 2011. The proposed projeet is to be located landward of the 30-year erosion projection and the existing line of construction established by major structures permitted by the Department 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 62B-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: March 6, 2015 LOCATION: Between approximately 25 feet and 65 feet south of the Department of Environmental Protection's reference monument R-66, in St. Lucie County. Project address: 5032 Watersong Way, Ft. Pierce. PROJECT DESCRIPTION: Single-Family Dwelling. 1. Location relative to control line: A maximum of 132.6 feet seaward. PERMITTEE: Alexander and Donna Kress PERMIT NUMBER: SL-284 PAGE 2 2. Exterior dimensions: 77 feet in the shore-normal direction by 28 feet in the shore-parallel direction. 3. Type of foundation: Augercast pile. 4. Elevation of understructure parking area: _+6.0 feet(NAVD). Excavation/Fill 1. Total volume of excavation: Approximately 15 cubic yards for piling installation. Volume of net excavation: None; excavated material to be placed as fill on the project site. 2. -Location of excavation: From 55 feet to 133 feet seaward of the control line. 3. Maximum depth of excavation: To depth of piles. 4. Volume of fill to be placed: 'Approximately 15 cubic yards. 5. Location of fill to be placed: From 55 feet to 133 feet seaward of the control line. Other Structures/Activities 1. A paver brick driveway of dimensions 16 feet shore-normal by 19 feet shore-parallel is to be located a maximum of 62 feet seaward of the control line. 2. Stepping stone walkways on the north and south sides of the dwelling. 3. Underground propane tank located seaward of the dwelling. 4. Landscape plantings. 5. Exterior and path lighting. SPECIAL PERMIT CONDITIONS: 1. 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 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. Y 1 PERMITTEE: Alexander and Donna Kress PERMIT NUMBER: SL-284 PAGE 3 2. All rubble and debris resulting from this construction shall be removed to a location landward of the coastal construction control line. 3. All material to be excavated seaward of the coastal construction control line as part of construction authorized under this permit shall remain in and be placed in areas seaward of the coastal construction control line. 4. No construction, operation, transportation or storage of equipment or materials, and no temporary lighting of the construction area is authorized in sea turtle nesting habitat, seaward of the frontal dune crest or rigid coastal protection structure in marine turtle nesting habitat at any time during the sea turtle nesting season (May 1 through October 31, or for Brevard through Broward Counties, March I through October 31). 5. All lighting shall be installed and maintained as depicted in the approved lighting schematic. No additional permanent exterior lighting is authorized. Approved plans are incorporated into this permit by reference. . Done and ordered this 6 day of 4✓� 2012, 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, witli the designated Department Clerk,receipt of which is hereby knowledged. llvATito (di / Fritz tts ein, Environmental Manager Deputy Clerk Date B au of Beaches and Coastal Systems