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HomeMy WebLinkAboutNotice To ProceedrI�ORIDA=DEPAR_ TAENT OF .�_ `NVIRONMENTAL PROTECTION Bureau of Beaches and 'Coastal Systems FIORIbA 1" -3900 Commonwealth Blvd., Mail Station 300 Tallahassee, Florida 32399-3000 Telephone (850) 488-7708 NOTICE.-. TO PROCEED - Permit Number: SL-230 - _- _ . . James W. Johnston Permit Expires: October 16, 2009_ c/o Pati B. Gattis,. Permit Specialist Coastal -Technology -Corporation 3625 201h Street Vero Beach, Florida.32960 You are, hereby granted final authorization 'to proceed with construction or activities authorized by this notice. Authorized work must conform 10 the project description, approved plans, all the conditions of - Chapter 62B-33,, Florida Administrative Code, any preconstruction requirements, and all permit conditions of the Final Order. —Pr Description: Construetiori of asingle-family dwelling and other structures/activities. Project Location: Between approximately 305 feet and -345 feet south of the Department of.Enviromnental Protection's reference monument_JR-64, `in St. Lucie County. Project Address:` -4808 Watersong Way_, Ft. - Pierce. Special Instructions: A preconstruction conference is required. The permittee shall comply with all permit conditions. Questions regarding thisnotice-should be directed to the undersigned at the above address. , a-��-o77 Kristen Nelson Sella, Environmental Manager, Date KNS/dw cc: Permit File John McDowell, Field Inspector James W. Johnston, -Property Owner St. Lucie County, Building Official Post Conspicuously on the site DEP Form'73-131 (Updated 2106) ?I S �EO ED PLAN AS PE ITTED Id I UI EAU OF BEACI- ES — —-- a AS"I'AL SYSTE S L dRIDA DEP'I'OF — N I;NTAL PRO'FE ION APPR V a� &CONSTRUC IIkN AND ANY THER AUTHOR ZED ACTT ONDITIONS OF THE PERMIT. CONSTRUCTION AND ACTIVITIES ARE STRICTLY LIMIT ED TO THOSE BOTH SHOWN ON THE APPROVED PLANS AND MSTED 1N THE PROJECT DESCRIPTION. THIS PERMIT IS ISS ED PURSUANT TO CH. 161, F.S., AND OTHER PER ITS MAY 4EREQUIRED. Department of Environmental Protection Jeb Bush Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Colleen M. Castille Tallahassee, Florida 32399-3000 Secretary October 16, 2006 - James W. Johnston c/o Pati B. Gattis, Permit Specialist Coastal Technology Corporation 3625 2011 Street Vero Beach, Florida 32960 Dear Ms. Gattis: Notice to Proceed Withheld Permit Number: SL-230 Permittee Name: James W. Johnston 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. However, construction may not commence until after the permittee has received a notice to proceed in accordance with Special Permit Condition(s) 1 and 2, and the permittee complies with any preconstruction requirements described in Special Permit Condition 3. 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), I(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 October 16, 2009. 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 one additional year. 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. Any person whose substantial interests are affected by any decision of the Department on the application has the right to request an administrative hearing in accordance with the provisions of Sections 120.569 and 120.57 of the Florida Statutes. Should you desire an administrative hearing, your request must comply with the provisions of Rule 28-106.201 of the Florida Administrative Code, as indicated below. Send requests for hearings to the Department of Environmental Protection, Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399. The Department must receive the request within twenty-one (21) days after your receipt of this notice. "More Protection, Less Process" Printed on recycled paper. Pati B. Gattis, Permit Specialist October 16, 2006 Page 2 When the Department receives an adequate and timely filed request for hearing, the Department will request the assignment of an administrative law judge. Once an administrative law judge is requested, the referring agency will take no further action with respect to the proceeding except as a party litigant, as long as the Division of Administrative Hearings has jurisdiction over the formal proceeding. Rule 28-106.201(2), Florida Administrative Code, explains what must be included in a petition for a formal administrative proceeding. (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 will be affected by the agency determination, (c) A statement of when and how the petitioner received notice of the Department's action; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the Department's proposed action; (f) A statement of the specific rules or statute the petitioner contends require reversal or modification of the Department'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 petitioner wishes the Department to take with respect to the Department's proposed action. A person may request an extension of time to petition for an administrative hearing. The person filing the request for extension must do so within the time limits for filing a petition described above and serve all patties with the request. The request must state why an extension is needed. The Department will grant an extension only when good cause is shown. If a petition or request for extension of time is filed, further order of the Department becomes necessary to effectuate this notice. Accordingly, the Department's final action may be different from the position taken by it in this notice. Actions undertaken by you under this permit, pending the lapse of time allowed for the filing of such a request for hearing, may be subject to modification, removal, or restoration. Failure to petition within the allowed time frame constitutes waiver of any right that such a person has to request a hearing under Section 120.57 of the Florida Statutes and to participate as a party to the proceeding. If a legally sufficient petition for hearing is not timely received this notice constitutes final agency action. When this order becomes final, any party to the order has the right to seek judicial review under Section 120.57 of the Florida Statutes and Rule 9.030(b)(1) and 9.110 of the Florida Rules of Appellate Procedure by Filing a notice of appeal with the Department of Environmental Protection, Office of General Counsel, Department Clerk, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399, and with the Pati B. Gattis, Permit Specialist October 16, 2006 Page 3 appropriate district court of appeal within thirty days after this final order is filed with the Department Clerk, The notice filed with the district court must be accompanied by the filing fee specified in Subsection 35.22(3) of the Florida Statutes. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed under Rule 28-106.205, Florida Administrative Code. A person whose substantial interests are affected by the Department's proposed agency action may choose to pursue mediation as an alternative remedy under Section 120.573 before the deadline for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth below. A person may pursue mediation by reaching a mediation agreement with all parties to the proceeding (which include the applicant, the Department, and any person who has filed a timely and sufficient petition for a hearing) and by showing how the substantial interests of each mediating party are affected by the Department's action or proposed action. The agreement must be filed in (received by) the Office of General Counsel of the Department at - 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, by the same deadline as set forth above for the filing of a petition. The agreement to mediate must include the following: (a) The names, addresses, and telephone numbers of any persons who may attend the mediation; (b) The name, address, and telephone number of the mediator selected by the parties, or a provision for selecting a mediator within a specified time; (c) The agreed allocation of the costs and fees associated with the mediation; (d) The agreement of the parties on the confidentiality of discussions and documents introduced during mediation; (e) The date, time, and place of the first mediation session, or a deadline for holding the first session, if no mediator has yet been chosen; (f) The name of each parry's representative who shall have the authority to settle or recommend settlement, and (g) Either an explanation of how the substantial interests of each mediating party will be affected by the action or proposed action addressed in this notice of intent or a statement clearly identifying the petition for hearing that each party has already filed, and incorporating it by reference. (h) The signatures of all parties or their authorized representatives. As provided in Section 120.573 of the Florida Statutes, the timely agreement of all parties to mediate will toll the time limitations imposed by Sections 120,569 and 120.57 for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within sixty days of the execution of the agreement. If mediation results in settlement of the administrative dispute, the Department must enter a final order incorporating the agreement of the parties. Persons whose substantial interest will be affected by such a modified final decision of the Department have a right to petition for a hearing only in accordance with the requirements for such set forth above, and must therefore file their petitions within Pati B. Gattis, Permit Specialist October 16, 2006 Page 4 twenty-one days of receipt of this notice. If mediation terminates without settlement of the dispute, the Department shall notify all parties in writing that the administrative hearing processes under Sections 120.569 and 120.57 remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes. You are advised that notice of this agency's final action on this permit has been given to other interested parties. They have fourteen (14) days from receipt.of the notice to exercise any rights they may have under Chapter 120, Florida Statutes. Actions undertaken by you under this permit, during this period may be subject to modification, removal or restoration. The authorized work is strictly limited to that described on the enclosed Final Order. If you have any questions pertaining to this permit, please contact me by mail at the Ietterhead address (add Mail Station 300), by telephone at (850) 921-7778, or by email at mailtommy.albanesegWep.state. fl us. Sincerely, Fritz ettstein, Environmental Manager Bur u of Beaches and Coastal Systems FW/aw Enclosures cc; John McDowell, Field Engineer St. Lucie, Building Official James W. Johnston, Property Owner NOTE: THIS AUTHORIZATION IS DIFFERENT FROM THE ORIGINAL REQUEST. SEE SPECIAL PERMIT CONDITIONS. PERMITTEE James W. Johnston c/o Pati B. Gattis, Permit Specialist Coastal Technology Corporation 3625 201h Street Vero Beach, Florida 32960 �e4����pROtFQIp STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION o Division of Water Resource Management 1 Bureau of Beaches and Coastal Systems m FLOR A 3900 Commonwealth Blvd. - Mail Station 300 Tallahassee, Florida 32399-3000 (850) 488-7708 PERMIT NUMBER: SL-230 PERMIT FOR CONSTRUCTION OR OTHER ACTMTIES PURSUANT TO SECTION 161.053, FLORIDA STATUTES FINAL ORDER 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 April 17, 2006, and was determined to be complete pursuant to rule on July 24, 2006. The proposed project is to be Iocated landward of the 30-year erosion projection. There is no reasonably continuous line of construction -established by similar existing major structures in this area due to sparse development of the subject shoreline. 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 Chief of the Bureau of Beaches and Coastal Systems has authority to approve or deny pursuant to Delegation of Authority, DEP Directive 100, effective September 27, 2002. The direct and cumulative impacts to the beach and dune system that will be caused by the seaward location 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 the proposed structures approved pursuant to this permit. Based on the foregoing considerations, the Bureau Chief 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(5), Florida Statutes. EXPIRATION DATE: October 16, 2009 LOCATION: Between approximately 305 feet and 345 feet south of the Department of Environmental Protection's reference monument R-64, in St. Lucie County. Project address: 4808 Watersong Way, Ft. Pierce. PERMITTEE: John W. Johnston PERMIT NUMBER: SL-230 PAGE 2 PROJECT DESCRIPTION: Single -Family Dwelling Location relative to control line: A maximum of 145.13 feet seaward. 2. Exterior dimensions: 70.33 feet in the shore -normal direction by 28 feet in the shore -parallel direction. 3. Type of foundation: Piles. Other Structures/Activities: A paver driveway is to be located approximately 66 feet seaward of the control line. 2. A walkway is to be located approximately 69 feet seaward of the control line. 3. A paver terrace is to be located approximately 155 feet seaward of the control line. 4. Landscaping is to be conducted approximately 165 feet seaward of the control line. See Special Permit Condition 4. 5. Permanent exterior lighting. See Special Permit Condition 5. SPECIAL PERMIT CONDITIONS: No work shall be conducted under this permit until the permittee has received a written notice to proceed from the Department. 2. Prior to issuance of the notice to proceed, the permittee shall submit documentation that the dune enhancement and protection work authorized and required under the Department Permit SL-185 has been completed pursuant to the special permit conditions of that permit. Work shall include dune restoration, including the construction of a berm with a 14-foot (NGVD) crest elevation, planting of native species within all disturbed areas seaward of the control line and installation of a 3-foot high decorative dune protection fence on the landward toe of the frontal dune. 3. 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 John McDowell, toll free pager number 877/314-1329, to schedule a conference. PERMITTEE: John W. Johnston PERMIT NUMBER: SL-230 PAGE 3 Landscaping shall be in accordance with the Department approved plan. The permittee shall remove all invasive nuisance plant species from seaward of the control line, including but not limited to Australian pine, Casuarina spp., Brazilian pepper, Schinus terebinthifolius, beach naupaka, Scaevola taccada, and others on the Florida Exotic Pest Plant Advisory Council List of Category I and II Invasive Species. 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 May 2003 List of Invasive Species Category I and 11. 5. All lighting shall be installed and maintained as depicted in the approved lighting schematic with the following conditions: canister down light fixtures, either recessed or wall -mounted, shall be equipped with black baffles and shall be limited to one fixture per egress or 100 square feet of ground area; the Gene Byron fixture shall be deleted from the lighting plan; landscape light fixtures shall extend no more than 12 inches above the ground. No additional permanent exterior lighting is authorized. CAVEAT: Due to potential adverse impacts to the beach and dune system that may result from additional development on the property, the 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. Done and ordered this ICPAday of - (>—�- d4eA 2006, in Tallahassee, Florida. Attachment: General Permit Conditions FILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to S120.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. Deputy Clerk Date State of Florida Department of Environmental Protection G ce'�-Cl S Michael R. Barnett, P.E., Chief Bureau of Beaches and Coastal Systems PERIODIC PROGRESS REPORT CLOR Bureau of Beaches and Coastal Systems Division of Water Resource Management A Mall to: Florida Department of Environmental Protection 3900 Commonwealth Boulevard Mail Station 300 Tallahassee, Florida 32399-3000 PERMIT NUMBER: SL-230 PERMITTEE NAME: I TAMES W. JOHNSTON 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: 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 comply with 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) Date Typed or Printed Name of Engineer (if applicable) Florida Registration Number (if applicable) Signature of Property Owner or Authorized Agent (if applicable) Date Typed or Printed Name of Property Owner or Authorized Agent DEP Form 73-111 (Revised 6/04) (Seal) FINAL CERTIFICATION Bureau of Beaches and Coastal Systems A Division of Water Resource Management FtOR A Mail to: Florida Department of Environmental Protection 3900 Commonwealth Boulevard Mail Station 300 Tallahassee, Florida 32399-3000 Permit Number: SL-230 Permittee Name: James W. Johnston `Phis 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 ('ound 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: Construction of a single-family dwelling and other structures/activities. i 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. 1 Signature of Engineer or Architect Typed or Printed Name of Engineer or Architect (Seal) State of Florida Registration Number DEP Form 73-115B (Updated 9/05) Date FIORfI)A Mall to: FOUNDATION LOCATION CERTIFICATION Bureau of Beaches and Coastal Systems Division of Water Resource Management Florida Department of Environmental Protection 3900 Commonwealth Boulevard Mail Station 300 Tallahassee, Florida 32399-3000 Permit Number: SL-230 Permittee Name: James W. Johnston 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. i Signature of Applicant i yped or Printed Name of Applicant Signature of Surveyor Typed or Printed Name of Surveyor (Seal) State of Florida Registration Number Dlil' Form 73-114B (Updated 9105) Date Date Florida Department of Environmental Protection (DEP) Division of Water Resource Management r�rtOttflfQ Bureau of Beaches and Coastal Systems '3900,Commonweallh Boulevard, Mail Station 300 Tallahassee, Florida 32.399-3000 g FLOR A (sso) 489.-n08 General Permit Conditions Rule 62B-33.0155, Florida Administrative Code The following general permit conditions shall'apply, unless waived by the Department or inodified 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 structure, 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 t1te 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 -Depart ment to .enter•upon the premises associated with the project authorized by the permit for the purpose of ascertaining compliance. -with the: terms of Elie 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 darnage. e) The permittee shall' allow the Department to use all records, notes, monitoring data, and other information relating to constrtiction or ariy "activity under the per„ ut, which are submitted, for any purpose necessary. except where such use is otherwise specifically forbidden by law. f) . • Construction traffic shall not be operated 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. 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.cons truction 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 authbrized 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 palmetto, panic grass, saltmeadow hay cordgrass, seashore•saltgrass, and railroad vine. 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, 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 (June 13, 2004) page 1 n) All windows and -glass doors visible from any point on the each must be tinted to a transmittance value (light transmission from inside to outside) of 45% 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 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 shaft not be transferred. p) The permittee shall immediately inform the Bureau of any change of mailing address of the permittee and authorized 'agent until all re'quirements.of the permit are met. 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 using the form entitled "Periodic Progress Report" — DEP Form 73411 (Revised.1/04), 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 foundati4n-location form. shall be submitted. to and accepted by the Bureau 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 Bureau using the form•entitled "Foundation Location Certification"'— DEP Form 73- 114B (New 1/04), 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 major structures, the permittee 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,'orpermit conditions, and any work not performed. Such report shall not relieve the permittee of the provisions'of,paragraph 62B.33.0155(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 73-115B (Revised 1/04), 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 die 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 Departmtent in accordance' with Rule 62B-33.013, F.A.C. " 2 The permittee shafI 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'e-stablished, the erosion control line until the pennittee 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 In the event -of a conflict between a general permit condition and a special permit condition, the special permit condition shall prevail. 5 • 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) 488-7708. General Permit Conditions (June It; 2004) Page 2