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HomeMy WebLinkAboutEnvironmental Protection Permit SL-303 MISTATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of Water Resource Management 2600 Blair Stone Road - Mail Station 3522 Tailabassee, Florida 32399-2400 (850) 245-8336 PERMIT NUMBER: SL-303 MI PERMITTEE Eugene W. and Lynda M. Newman c/o Mark A. Powell, P.E. Isiminger & Stubbs Engineering, Inc. 649 U.S. Highway 1, Suite 9 North Palm Beach, Florida 33408 NOTICE TO PROCEED AND MODIFICATION OF PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES PURSUANT TO SECTION 161.053, FLORIDA STATUTES FINDINGS OF FACT: An application for authorization to conduct altered or additional work seaward of the coastal construction control line as shown in the project description of this modified permit was filed by the applicant/permittee named herein on March 17, 2017, and was determined to be complete pursuant to rule on March 17, 2017. Authorization to conduct activities as originally permitted was approved on August 28, 2014. The proposed project is to be located landward of the 30-year erosion projection. The proposed project is to be located landward of 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 modified 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, and that the work is expendable in nature and/or is appropriately designed in accordance with Section 62B-33.005, Florida Administrative Code. Based on the foregoing considerations, the Department approves the application; authorizes construction and/or activities at the location indicated below in strict accordance with the modified 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: August 28, 2019 LOCATION: Between approximately 82 feet and 174 feet south of the Department of Environmental Protection's reference monument R-95, in Saint Lucie County. Project address: 8124 South Ocean Drive, (Lot 27 Diamond Sands Subdivision), Jensen Beach. PROJECT DESCRIPTION: Single -Family Dwelling 1. Location relative to control line: A maximum of 136 feet seaward. 2. Exterior dimensions: 76.2 feet in the shore -normal direction by 68.3 feet in the shore -parallel direction. Type of foundation: Pile. 4. Elevation of understructure parking area: +7.7 feet (NAVD). PERMITTEE: Eugene W. and Lynda M. Newman 1 PERMIT NUMBER: SL-303 MI PAGE 2 5. Elevation of seaward understructure storage area: +9.7 feet (NAVD). Swimming Pool 1. Location relative to control line: A maximum of 135.8 feet seaward. 2. Exterior dimensions: 18.2 feet in the shore -normal direction by 15.0 feet in the shore -parallel direction, including pool decking attached to the periphery of the swimming pool. 3. Type of foundation: Pile. 4. Deck elevation of swimming_pool: +20.5 feet (NAVD). 5. Bottom elevation of swimming pool: +14.5 feet (NAVD). 6. Maximum depth of swimming pool: 5 feet. 7. Height of pool deck above existing_ grade: Varies from +8.9 to +10.9 feet. Excavation/Fill 1. Total volume of excavation: Approximately 323.7 cubic yards. Volume of net excavation: None; excavated material to be placed as fill on the project site. 2. Location of excavation: From 113.3 feet to 136 feet seaward of the control line. 3. Maximum depth of excavation: To pile tip elevation. 4. Volume of fill to be placed: Approximately 489.2 cubic yards, including 52 cubic yards on Lot 26 and 63.2 on Lot 28. 5. Location of fill to be placed: From 33 feet to 135.1 feet seaward of the control line. Other Structures/Activities 1. A seaward attached and elevated deck is to be located a maximum of 131.5 432.2 feet seaward of the control line including_ frangible walls underneath the deck and pool to be located a maximum distance of 135.8 feet seaward of the control line. 2. Concrete equipment pads are to be located on the north and south sides of the dwelling, a maximum of approximately 101 feet seaward of the control line. 3. A set of stairs off of the seaward deck is to be located a maximum of 136 feet seaward of the control line. 4. A concrete driveway is to be located landward of the dwelling. 5. Landscape planting is to be located a maximum of approximately 136 feet seaward of the control line. PERMITTEE: Eugene W. and Lynda M. Newman .,PERMIT NUMBER: SL-303 MI PAGE 3 6. Pool, eExterior and landscape lighting. SPECIAL PERMIT CONDITIONS: Prior to commencement of construction activity authorized by this permit, a preconstruction conference shall be held at the site among the contractor, the owner or authorized agent, and a staff representative of the Department to establish an understanding among the parties as to the items specified in the special and general conditions of the permit. The proposed locations of the structures shall be staked out for the conference. Contact Jason Spanier at (772) 919-5786 to schedule a conference. 2. Prior to commencement of construction activity authorized by this permit, a temporary construction fence shall be erected along the seaward limit (137 feet seaward of the control line) of the permitted activity. The fence shall remain in place until the construction authorized by this permit is complete. The optimum siting of the construction fence shall be determined during the preconstruction conference by the staff representative so as to provide maximum protection to the existing frontal dune and native vegetation located on the site. 3. All rubble and debris existing on the lot or resulting from new construction shall be removed and disposed of in a location landward of the coastal construction control line. 4. 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 unless otherwise authorized by the Department. 5. 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. All imported and in situ 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 Department during the preconstruction conference. 6. Prior to completion of construction activities authorized by this permit, the permittee shall remove all invasive nuisance plants, such as listed in the Florida Exotic Pest Plant Council's List of Category I and II Invasive Species and including Australian pine (Casuarina spp.), Brazilian pepper (Schinus terebenthifolium), and Beach Napauka (Scaevola sericea), from the dune system. The permittee shall plant a mix of a minimum of three native salt -tolerant species to restore any disturbed natural area seaward of the authorized structures. Dune restoration plantings shall consist of salt -tolerant species indigenous to the native plant communities existing on or near the site or with other native species approved by the Department. Sod composed of non-native grasses is not authorized seaward of a major structure or decks. Plantings in other areas of the project site shall not include invasive nuisance plant species such as listed in the Florida Exotic Pest Plant Council's List of Category I and II Invasive Species. 7. All lighting shall be shielded, installed and maintained as depicted in the approved lighting schematic and cut sheets. Bulbs used within the fixtures should feature long wavelength emission (greater than 580 nanometers), with a maximum 480 lumen output; underwater pool lighting shall be amber or red LED or equivalent, shielded or "full cut-off', directed to the side or downward and provide no more than '/7 foot candle per square foot of pool surface area. Any lights visible from the beach, such as elevated seaward balcony lights, must be modified such that they are no longer visible from the beach. No additional exterior lighting is authorized. PERMITTEE: Eugene W. and Lynda M. Newman ;PERMIT NUMBER: SL-303 MI PAGE 4 Approved plans are incorporated into this permit by reference. Executed in Tallahassee, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Fritz We -Wm, Environmental Consultant Coastal Construction Control Line Program CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons: Mark A. Powell, P.E., Isiminger and Stubbs Engineering, Inc., mnowell@coastal-engineers.com Debra Zampetti, St. Lucie County Planning and Development Services Zampettid@stlucieco.org Jason Spanier, Field Inspector Jason.Spanier@dep.state.fl.us dep.state.fl.us FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. 06/07/2017 Clerk Date 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. Petition for Administrative Hearing A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57, Florida Statutes. Pursuant to rule 28-106.201, Florida Administrative Code, a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, any a -mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during PERMITTEE: Eugene W. and Lynda M. Newman PERMIT NUMBER: SL-303 MI PAGE 5 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 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 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 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. 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. PERMITTEE: Eugene W. and Lynda M. Newman ,PERMIT NUMBER: SL-303 MI PAGE 6 Newspaper Publication The Agency will not publish or require the person requesting a permit to publish in a newspaper a notice of receipt of the permit application or notice of Agency action granting or denying the permit. Persons receiving a permit are advised that interested parties who become aware of Agency action approving or denying the permit, or who observe work on the project within certain time frames without any prior notice, may have rights to petition for an administrative hearing under Chapter 120, F.S. For this reason, it may be in the best interest of the person proposing the activity to publish, at its expense, a one-time "Notice of Permit Issuance" in a newspaper of general circulation in the county where the activity is located meeting the requirements of Chapter 50, F.S. Agency staff can provide persons with the information for such a notice upon request. Persons who are substantially affected by the proposed action may petition for an administrative hearing within the time frames specified in the notice and Chapter 120, F.S.