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HomeMy WebLinkAboutEnvironmental ProtectionFlorida Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 February 1, 2008 Ronald K. Rupp c/o Mark A. Powell, P.E. Isiminger & Stubbs Engineering, Inc. 649 US Highway 1, Suite 9 North Palm Beach, Florida 33408 Dear Mr. Powell: 6" 'ECFE.'� 1�{ Charlie Crist Governor. .Jeff Kottkamp Lt. Governor Michael W. Sole Secretary ISIMI,NGER & STUBBS JENGINEERING, INC. Notice to Prp�eed;► Permit N.amer': `SL 263'! Permittee Name:;16iiald"k. Rupp Yo i. request. fo'r� a: permit .pursuant to Section 161.053, Florida Statutes, for construction or other activities seiward­ o'f'the' coastal construction control, line, has been approved by the Department of Environmental Protection. However, construction may not commence until after the permittee complies with any preconstruction requirements described in Special Permit Condition(s) 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 construction. General Permit Conditions I(q), l(r), and.l(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 January 31, 2011. Upon receipt of a timely written request signed by the permittee or authorized agent; the Department will consider extending the,permit for upIto 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 suchnew 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 nearing in accordance with the provisions of Sections 120.569 and 120.5"T 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" ivii,mdep.state fl. its Mark A. Powell, P.E. February 1, 2008 Page Two 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. ' Section 120.54(5)(b)4, Florida Statutes, and Rule 28-Y06.201(2) of the Florida Administrative Code, explain what must be included in a petition for a formal administrative proceeding. Unless otherwise provided by statute, and except for agency enforcement and disciplinary actions that. shall be initiated under Rule 28-106.2015, F.A,C., initiation of proceedings shall be made by written petition to the_ agency responsible for rendering final agency action. The term "petition" includes any document that requests an evidentiary proceeding and asserts the existence of a disputed issue .of material fact. Each petition shall be legible and on 8 1/2 by 11 inch white paper., Unless printed, the impression shall be on one side of the paper only and lines shall be double-spaced. (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 Depaannent'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 parties 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 Sections 120.569. and 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 120.68 of the Florida Statutes and Rules 9.030(b)(1) and 9.110 of the Florida .Rules of Appellate Procedure by fling a notice of appeal with: the Department of Environmental Protection, Office of General Counsel, Department Clerk, 390.0 Commonwealth Boulevard;, Mail Station 35, Tallahassee, Florida 32399, and with -the appropriate district court of appeal . within thirty days. after this..firial order is filed with the Department Clerk. The notice filed with the district court. must be accompanied by the filing fee specified_ in . Section 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 fi.ling 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, andtelephone 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 party'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 willbe 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. f Mark A. Powell, P.E. February 1, 2008 . Page Four 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 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. 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 letterhead address (add Mail Station 300), by telephone at (850) 921-7778, or by email at kristen.sella@dep.state.fl.us. Sincerely, ) Kristen Nelson ella, Pe - it Manager Bureau of Beaches and Coastal Systems KNS/dw Enclosures cc: Permit Information Center Mark Taynton, Field Engineer St. Lucie County, Building Official Ronald K. Rupp, Property Owner Florida Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 323 99-3 000 February 1, 2008 Jupiter Ridge Properties, LLC 9350 Northwest 13"' Street Plantation, Florida 33322 Dear Sir/Madam: Public Notice File Number:.SL-263 Property Owner Name: Ronald K. Rupp Charlie Crist Governor Jeff Kottkamp Lt. Governor Michael W. Sole Secretary You arei?`•iiireby notifid;'tlat the Department of Environmental Protection has issued the enclosed coastal construction eontrol�lirie permit pursuant to Section 161.053, Florida Statutes. Any erson,yvbose'substantial interests are affected by any decision of the Department on the application has the rig-bt td retluest 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. 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. Section 120.54(5)(b)4, Florida Statutes; and Rule 28-106.201(2) of the Florida Administrative Code, explain what must be included in a petition for a formal administrative proceeding. Unless otherwise provided by statute, and except for agency enforcement and disciplinary actions that shall be initiated under Rule-28=106,:2015°;,.,,.F.A.C.,. initiation of proceedings shall be made by written petition to the agency responsible "for rendering final agency action. The term "petition" includes any document that requests an evidentiary proceeding and asserts the existence of a disputed issue of material fact. Each petition shall be legible and'on 8 1/2 by l inch white paper. Unless printed, the impression shall be on one side of the paper only and lines sha-ll be double -:spaced. (a) The name and address of each agency affected and each agency's file of 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; "More Protection, Less Process" www. dep.stale fl. us Jupiter Ridge Properties, LLC February 1, 2008 Page Two (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 parties 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. Faih.ire to petition within the allowed time frame constitutes waiver of any right that such a person has to request a hearing under Sections.120.569 and 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 120.68 of the Florida Statutes -and Rules 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 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 b.e accompanied by the'filing fee specified in Section. 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 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. Jupiter Ridge Properties, LLC February 1, 2008 Page Three 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 party'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 modif ed 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 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. If you have any questions pertaining to this notice, please contact me by mail at the letterhead address (add Mail Station 300), or by telephone at 850/921-7778, or by e-mail at kristen.sella@dep.state.fLus. Sincere] , Kriste Nelson Sella, Permit Manager Bureau of Beaches and Coastal Systems ICNS/dw Enclosures 'M'l \--L ! '461. { /STATE OF FLORIDA THIS AUTO RIYCHECKLISF, R� LE "" ement_.-AWE kTE,: I EASE HAVE WHO' COMPLETELY 011l� FLOR A R PLANS'SrfMFtg W Ks T I'orl- 9 E S B ITTEVAQ $ t��t 1 ill lQUCAYMOIT Ta"ITahas CONDITIONS. (850) Date Subcontractor Permits (A/, ; Elec., Plumb, Insul)* Permit # and Conf # If private provWMWff0W9eftWing official,Plans Compliance Affidavit and list of ERMITTEE licenses of inspectors%examiners. ..Stamp application=l**- RpVI13ER** Pro rty Address onaldppeK. Rupp' • 2 Copies of Elevati 61Sheet9; 9 AegA(cft4e41olPjE: hic :-2 Copies Manual J .. pr Y-, T farce i way 1, uite 9... 2 Copies Energy Cod`es+Itlle_d puXi�nd�.Signed (2 areas, front page, and ?lisply[ papal !C. @ t hand corner 2 Complete Sets Engineering Approvals (if of application : applicable, Health dept. & abandonment of PERMIT FOR CONSTRUCTION . ` WpyitpA#M01IjW copy must be submittedSEGRON , '' r 1 Owner's Name, d e s # 2 opies e I ermit eptic Permit (if applicable) Contr./HOB Name, -Addy., Tel # , Fax #, e- Baled Plot Plan Surveys (w/house) address ..... aut oriz ?09i8ie,b&wffi9 pplicant/permittee named herein on October25, . gne adze rqpper AQF�da or rrf oti�i Ict Rerty ffidsmiete R ftWva*e on November 2, 2007. The pr ose(.,I)C*bsse t dr( Br ra )t e - -2 4 in the De ej a n bf. h II?S %$ AjtNil8'rfu mine i p ... er a�� � Mate lic, Gen. Pal `, EOmp Ino City Ityl' ers reed w/ of PSI). kAfter consi eri g t 2r8 Itfl . pV1XoR ell & tt ffie8A) compliance with the permit in the project d ' T > ' W isEPR ge x 11" a r twee roperties; that the.work is not expected to ad ei'sel p a(g9l#A i i Nc a�&".Plans §ql to a that the work is expendabl in natftts efi gnet% a 9fedte Itn SAP. c ccordatice with Section 62B-33.005, Florida din rMWIVR! TWi;Aftq# tol'In1,*4i pftM"q6Pnto ys e f!IAIRV�i Fiji ems has: authority: to: approve 'or deny puisuani to Delegation of .Authority, . DEP Directive f e May 14, 2UU1. The direct.and i7mMative impacts to t4e Beactr and une: sys em khat will e caused by the shore-12arallel Adth ff the provosed construction represent the .ifdRih psi4'i&Ormpacts that are acceptable to he: D partment. Therefore, future construction on e "Ptroposed structures approved pursuant to,this ermi an ets�'u-s a pmp a e: , o Qose P n :g &Wj going consi eratior , Me ieAZKfteAR=6C8r*eII9pj3hpdbon; aut oriz s coisawtiauartmftyb"BttM,ad*!Siie location indicatMthe approved 121an§ if an4 and the atta ed nd are by this reference incorporated- herein, ' e S issued ffdffft9'?!-. C. EN#q� 1, 2011 This Checklist is for Building Dept. Use Only, Additional Documents .May Be Req. Any Exceptions To The Above: - Must Be Approved Ori An Individual Basis By A Supervisor. No General. Exceptions Are Allowed. SFR-updated 07/13/2005tjv PERMITTEE NAME: Ronald K. Rupp PERMIT FILE'NUMBER: SL-263 PAGE 2 LOCATION_: Between approximately 380 feet and 420. feet north of the Department of Environmental: Protection's reference monument R-66, in St. Lucie County. Project address: 4932 Watersong Way, -,Hutchinson Island: PROJECT DESCRIPTION: Single=Family Dwelling 1. Location relative -to control line: A maximum of 115.1 feet seaward. 2. Exterior dimensions: 50 feet, in the shore -normal. direction. by 28 feet in the shore -parallel direction. 3. Type of foundation: Pile. Excavation/Fill 1. Total volume of excavation: Approximately 14.5 cubic yards. Volume .of net excavation: None; excavated material to :be placed. as fill on the project site. 2. Location of excavation: From 120 feet to 157 feet seaward of the control line. 3. Maximum depth of excavation: To elevation. +6.15 feet. (NAVD); 0.5 feet below existing grade. 4. Volume of fill to be placed: Approximately 60 cubic yards. 5. Location of fill to be placed: From 55 feet to 120.feet seaward of the control line. Other Structures/Activities 1. A concrete paver driveway of dimensions approximately 25 feet shore -normal, by 15 feet -shore-parallel is to be located a maximum of approximately 67 feet seaward of the control line. 2... Two :patio paver walkways are to be located on the north and south side of the house and are to be located approximately 98 and 102 feet seaward of the control line.' .3. Landscape plantings .are to be located approximately 172 feet seaward of the control line. See Special Permit Condition 4. V PERMITTEE NAME: Ronald K. Rupp PERMIT FILE NUMBER: SL-263 PAGE 3 4. Exterior and landscape lighting. See Special Permit Condition 5. SPECIAL PERMIT CONDITIONS: I. 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. Contact Mark Taynton, toll free pager number 877/314-1329, to schedule a conference. The proposed locations of the structures shall be staked out for the 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 of the. Bureau of Beaches and Coastal Systems so as to provide maximum protection to the existing vegetation located on the site. 3. All fill material shall be obtained from a source landward of the control line and shall consist of sand which is similar to that already on the site in both grain size and coloration. This fill material shall be free of construction debris, rocks, or other foreign matter. A sample of the sand shall be provided to the staff representative of the Bureau. of Beaches and Coastal Systems during the preconstruction conference. : 4. Landscaping shall be in accordance with the Department approved plan and 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. The "Green Island" fig (Ficus microcarpa) shall be removed from the landscape plan. 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 II.. 5. All lighting shall be installed ' and maintained as- depicted in the approved -lighting schematic. Recessed lighting shall be limited to . one fixture per ingress/egress. No additional permanent exterior lighting is authorized. PERMITTEE NAME: , Ronald K. Rupp PERMIT FILE NUMBER: SL-263 PAGE 4 CAVEAT: Due -to potential adverse impacts to the beach and dune system that may result from additional development on the property, theshore-parallel 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 S day of IIAVA 2008, in Tallahassee, Florida. Attachment: General Permit Conditions FILING AND ACKNOWLEDGEMENT State of Florida FILED, on this date, pursuant to S 120.52 Department of Environmental Protection Florida Statutes, with the designated Department -Clerk, receipt of which is hereby acknowledged. a Tony . c eal, P.E.Program Administrator Deputy Clerk Date Bud au of Beaches and Coastal Systems Flot" - partment of Environmental Protection (DEP) / Div[- r Water Resource Management tROIE(1rOX Bureau or Beaches and Coastal,Systems 3900 Commonwealth Boulevard, Mail Station 300 50 Tallahassee, Florida 32399-3000, (850)• 488-77,08 FLOR A t General_ Permit Conditions Rule 62B-33.01 SS, 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. specification`s 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 siie, •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. 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 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 eats, sea grape, saw palmetto, panic grass, saltmeadow hay cordgrass, seashore saltg'rass, 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, General Permit Conditions (June 13, 2004) Page I , n) All -windows and glass doors visible from -any point on the beach must be tinted to a transmittance value (light transmission from inside to outside) 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 shall not be transferred. p) The-permittee shall immediately inform the Bureau of any change of mailing address of the permittee and any authorized agent until all requirements. of the permit are 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 fnvolves 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:pen•nit. 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 73-111 (Revised 6/04), which is hereby adopted and incorporated by reference. Permits for minor structures or activities do not require submittal of periodic reports unless required by special permit condition. r) For permits involving habitable major structures,.all construction -on the permitted structure shall stop when the foundation pilings have been installed. At that time the foundation. location form shall be submitted to and accepted by the •Bureau:prior to proceeding with further vertical construction above the foundation. The form 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 dimensionedrelationship 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 73-11413-(Revised 9105), 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 Buread'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, or permit conditions, and any work not performed. Such report shall not relieve the permittee of the provisions of paragraph 62B733.0155(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'.' Form 73-1159 (Revised 9/05), which is hereby adopted and incorporated by reference. t) Authorization for construction of armoring or other rigid coastal structures is based on an engineering review and -assessment of the . design and 'anticipated performance and impact of the structure as a complete unit. Construction of any less than the complete structure as approved by the Department is not authorized and shall 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 62B-33.0.13, F.A.C. 2 The permittee shall not commence any excavation, construction, or other physical activity on or encroaching on the'sovereignty land of Florida seaward of the mean high water line or, if established, the erosion control Fine 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 writing to the Department of Environtriental 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 13, 2004) Page 2 FOUNDATION LOCATION CERTIFICATION ����wnoircrroH w Y Bureau of Beaches and Coastal Systems FloR16A Division of Water Resource Management Florida Department of Environmental Protection Permit Number: SL.-263 Mail to: 3900 Commonwealth Boulevard Mail Station 300 Tallahassee, Florida 3239.9-3000 Permittee Name: Ronald K. Rupp 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 Date Typed or Printed Name of Applicant Signature of Surveyor Typed or Printed Name of Surveyor (Seal) State of Florida Registration Number Date DEP Form 73-114B (Updated 9105) CCCL ELEVATION CERTIFICATE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION F This certificate is required by section 3107 of the Florida Building Code for habitable structures built seaward of a coastal construddon control line to ensure the lowest horizontal structural member of such structures is located above the local one -hundred -yeas storm elevation as published in the Florida Department of Environmental Protection's document titled, "One -Hundred -Year Storm Elevation Requirements for Habitable Structures Located Seaward of a Coastal Construction Control Line". The elevation of the lowest horizontal structural member is to be shown in relation to National Geodetic Vertical Datum (N.G.V.D.,1929). NOTICE: This certificate shall be completed as part of the permitting process and submitted to the building ;official who will note any deficiencies and notify the permit holder of any actions necessary to bring the structure into compliance with the elevation requirement. Any deficiencies found by the building .official shall be corrected by the perinit holder immediately and prior to proceeding with work. Any work undertaken prior. to submission of this certification shall be at the property owners risk. SECTION A ProperPropeM Information PROPER'11' OWNEWS NANIE S111EET ADDRESS (Including Apt., Unit, Suitc and/or Bldg. Number) OR P.O. BOX NUMBER OTHER DESCRIPl*ION (Lot and Block Numbers, etc.) - STATE ZIP CODE CITY SECTION B One -Hundred -Year Storm Elevation Information Pursuant to the above document, the bottom of the lowest horizontal structural member must be located at or above feet N.G.V.D. 2. The bottom of the lowest horizontal structural member of the.building is feet N.G.V.D: 3. Control elevation reference mark used: Benchmark ID BM elevation: feet N.G.V.D. Please refer to the diagrams on page 2 of this document for information regarding the location of the bottom of the lowest horizontal structural member. SECTION C Certification This certification is to be signed and sealed by a land surveyor, engineer, or architect authorized by law to certify elevation information and be submitted to and approved by the building official prior to commencing any additional work. I certify that the information in Sections A, B, and C on this certificate represents my best efforts to interpret the data available. - cERTIFIEWS NAME LICENSE NUMBER TITLE COMPANY NAME ADDRESS CITY S'I'A'1'E ZIP CODE SIGNATURE DATE 'rL• LEPHONE COMMENTS: Affix Seal DEP Form 73-501 r, . PERIODIC PROGRESS REPORT �W,1NlE(11A9 - ��� Bureau of Beaches and Coastal Systems Division of Water Resource Management FLOR A r Mail to: Florida Department of Environmental Protection PERMIT NUMBER: SL-263 3900 Commonwealth Boulevard Mail Station 300 Tallahassee, Florida 32309-3000 PERMITTEE NAME: RONALD K. RUPP 1. 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 comply with the -project description, approved plans, and conditions of the permit. No unpermitted construction or activity has occurred (Anyexceptions 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. (Seal) 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) - Typed or Printed Name of Property Owner or Authorized Agent Date DEP Form 73-111 (Revised 6/04) FINAL CERTIFICATION ��E�,�omitma, Bureau of Beaches and Coastal Systems Division of Water Resource Management FLOR A Mail to: Florida Department of Environmental Protection Permit Number: SL-263 3900 Commonwealth Boulevard Mail Station 300 Tallahassee, Florida 32399-3000 Permittee Name: Ronald K. Rupp 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: Construction of a single-family dwelling, other structures/activities, excavation, and placement of fill. NOTF:.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. Signature of Engineer or Architect Date Typed or Printed Name of Engineer or Architect (Seal) State of Florida Registration Number DEP Form 73-115B (Updated 9/05)