Loading...
HomeMy WebLinkAboutEnvironmental Protection� � � ® ~ Florida Department ®f Rick Scott Governor Environmental Protection Bob Martinez Center Herschel T. Vinyard, Jr. Division of Water Resource Management Secretary 2600 Blair Stone Road — Mail Station 3522 Tallahassee, Florida 32399-2400 October 14, 2013 Virginia B. and Peter F. Apanovitch c/o Darwin C. Stubbs, P.E. Isiminger & Stubbs Engineering, Inc. 649 U.S. Highway 1, Suite 9 North Palm Beach, Florida 33408 Dear Mr. Stubbs: Notice to Proceed Issued Permit Number: SL-294 Permittee Name: Virginia B. and Peter F. Apanovitch 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 Envirorunental Protection, enclosed is the permit. 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), 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 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 14, 2016. Upon receipt of a written request signed by the permittee or authorized agent, the Department will consider extending the permit for up to but no more than three years. You must apply for a new permit for completion of any work not accomplished under the original permit. Although you may apply for a new permit, there is no assurance that such new permit for the same construction or activities would be approved. wwiv. dep. statefl. us Darwin C. Stubbs, P.E. October 14, 2013 Page Two The authorized work is strictly limited to that described on the enclosed permit. If you have any questions pertaining to this permit, please contact me by mail at the letterhead address (add Mail Station 3522), by telephone at (850) 921-7778, or by email at molly.edsonpdep.state.fl.us. Sincerely, Molly Edson, Permit Manager Coastal Construction Control Line Program Division of Water Resource Management ME/dw Enclosures cc: Permit Information Center Jason Spanier, Field Inspector St. Lucie, Building Official Virginia B. and Peter F. Apanovitch, Property Owner M .vrv. de'r)..stal4Vl, us 1 0 4 FLOR111 d®y1112 IN,' PERMITTEE Virginia B. and Peter F. Apanovitch c/o Darwin C. Stubbs, P.E. Isminger & Stubbs Engineering, Inc, 649 U.S. Highway 1, Suite 9 North Pahn•Beach, Florida 33408 STATE _OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of Water Resource Management 2600 Blair Stone Road - Mail Station 3522 Tallahassee, Florida 32399-3000 (850) 488-7708 PERMIT NUMBER: SL-294 NOTICE TO PROCEED AND PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES PURSUANT TO SECTION 161.053, FLORIDA STATUTES FINDINGS OF FACT: An application for authorization to conduct the activities seaward of the coastal construction control line that are indicated in the project description, was filed by the applicant/permittee named herein on July 16, 201.3, and was determined to be complete pursuant to rule on July 16, 2013. The proposed project is to be located landward of the 30-year erosion projection. There is no established uniform and continuous line of construction for this segment of shoreline. The proposed project is landward of other major structures permitted by the Department in the immediate area. CONCLUSIONS OF LAW: After considering the merits of the proposal and any written objections from affected persons, the Department finds that upon compliance with the permit conditions, the activities indicated in the project description of this permit are of such a nature that they will result in no significant adverse impacts to the beach/dune areas or to adjacent properties; that the work is not expected to adversely impact nesting sea turtles, their hatchlings, or their habitat; that the work is expendable in nature and/or is appropriately designed in accordance with Section 6213-33,005, Florida Administrative Code. The direct and cumulative impacts to the beach and dune system that will be caused by the seaward • location and shore -parallel width of the proposed construction represent the maximum such impacts that are acceptable to the. Department. Therefore, future construction on the site seaward of the coastal construction control line shall not extend further seaward of, or increase the shore -parallel coverage occupied by, the proposed structures approved pursuant to this permit. Based on the foregoing considerations, the Department approves the application; authorizes construction and/or activities at the location indicated below in strict accordance with the project description, the -approved plans (if any) and the General Permit Conditions which are attached and are by this reference incorporated herein, and any additional conditions shown below, pursuant to Section 161.053(4), Florida Statutes. EXPIRATION DATE: October 14, 2016 LOCATION: Between approximately 55 feet north and 26 feet south of the Department of Environmental Protection's'reference monument R-96, in Saint Lucie County. Project address: 8232 South Ocean Drive, Jensen Beach. PERMITTEE: Virginia B. and Peter F. Apanovitch PERMIT NUMBER: SL-294 PAGE 2 PROJECT DESCRIPTION: Single -Family Dwelling 1. Location relative to control line: A maximum. of 96.3 feet seaward. 2. Exterior dimensions: 51.8 feet in the shore -normal direction by 55 feet in the shore -parallel direction. 3. 'Type of foundation: Pile. Swimming Pool l . Location relative to control line: A maximum of 116.5 feet seaward, including vanishing edge. 2. Exterior dimensions: Approximately 20 feet in the overall shore -normal dimension by 35 feet in the shore -parallel dimension. 3. Type of foundation: Piles. 4. Deck elevation of swunming pool: +20.0 feet (NAVD). 5. Bottom elevation of swimming pool: +13.6 feet (N*AVD). 6. Maximum depth of swimming pool: 6.6 feet. 7. Height of pool deck above existing grade: +15.0 feet. Excavation/Fill 1. Total volume of excavation: Approximately 98 cubic yards. Volume of net excavation:. None; excavated material to be placed as fill on the project site. 2. Location of excavation: From 42 feet to 116 feet seaward of the control line. 3. Maximum depth of excavation: Depth of piles. 4. Volume of fill to be placed: Total of approximately 971.1 cubic yards with 873.1 cubic yards of net imported material, including 75.1 cubic yards to be placed on adjacent Lots 36 and 38. 5. Location of fill to be placed: From 15.8 feet to 120 feet seaward of the control line. PERMITTEE: Virginia B. and Peter F. Apanovitch PERMIT NUMBER: SL-294 PAGE 3 Other Structures/Activities An elevated swimming pool deck of approximate dimensions 25 feet shore -normal by 18 feet shore -parallel is to be located a maximum of 119.8 feet seaward of the control line. 2. An exterior staircase and 3-foot wide paver pathway on the north side of the dwelling and pool deck are to be located a maximum of I I I feet seaward of the control line. 3. A paver block driveway is to be located landward of the dwelling. 4. Landscape planting is to be located approximately 123 feet seaward of the control line. Exterior and landscape lighting. SPECIAL PERMIT CONDITIONS: 1. Prior to commencement of construction. activity authorized by this permit, a preconstruction conference shall be held at the site among the contractor, the owner or authorized agent, and a staff representative of the 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 Mason Andreotta at (561) 681-6639 to schedule a conference. 2. All imported 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 ifi both grain size and coloration. All 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. 3. 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 Department so as to provide maximum protection to the existing vegetation located on the site. 4. All rubble and debris resulting from this construction shall be removed to a location landward of the coastal construction control line. PERMITTEE: Virginia B. and Peter F. Apanovitch PERMIT NUMBER: SL-294 PAGE 4 5. 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). 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. Plantings in other areas of the project site shall not include invasive nuisance plant species such as listed in the Florida Exotic Pest Plant Council's List of Category I and II Invasive Species. 6. All lighting shall be installed and maintained as depicted in the approved lighting schematic. Underwater pool lighting shall be amber or red LED or equivalent and provide no more than '/a foot candle per square foot of pool surface area. 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 shore -parallel and seaward extent of the permitted structures shall not be increased, nor will any additional major structures be permitted which would exceed the limits established by the permitted construction seaward of the coastal construction control line. Approved plans are incorporated into this permit by reference. iA %, Done and ordered this [ day of uc l�)) Ot""" 2013, in Tallahassee, Florida. Attachment: General Permit Conditions FILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to 5120.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. Deputy Clerk JatW State of Florida Department of Environmental Protection T(stdin', ,nvironmental Consultant Construction Control Line Program u of Water Resource Management PERMITTEE: Virginia B. and Peter F. Apanovitch PERMIT NUMBER: SL-294 PAGE 5 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 Hearin A -person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57, Florida Statutes. Pursuant to rule 28-106.201; Florida Administrative Code, a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course.of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of -how the alleged facts relate to the. specific rules or statutes; and (g) A statement of the relief sought by the petitioner•, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of.filing. Time Period for Filing a Petition In accordance with rule 62-110.106(3), Florida Administrative Code, petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under section 120.60(3), Florida Statutes, must be filed within 21 days of publication of the notice or within 21. days of receipt of the written notice, whichever occurs first. Under section 120.60(3), Florida Statutes, however, PERMITTEE: Virginia B. and Peter F. Apanovitch PERMIT NUMBER: SL-294 PAGE 6 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. The Agency will. not publish or require the person requesting a pen -nit 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. FINAL CERTIFICATION }yl[wi^pk Division of Water Resource Management 1 Florida Department of Environmental Protection FLOR A Bob Martinez Center Permit Number: SL-294 Mail to: 2600 Blair Stone Road, MS 3522 Tallahassee, Florida 32399-3522 'Virginia B. and Permittee Name: Peter F. Ananovitch 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 foundto 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, swimming pool, other structures/activities, excavation, and fill placement. 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. Signatgre of Engineer or Architect Typed or Printed Name of Engineer or Architect (Seal) State of Florida Registration Number DEP Form 73-1 I5B (Updated 9/05) Date PERIODIC PROGRESS REPORT °�+ttror Division of Water Resource Management Florida Department of Environmental Protection FLORA I Bob Martinez Center PERMIT NUMBER: Mail to: 2600 Blair Stone Road, MS 3522 Tallahassee, Florida 32399-3522 PERMITTEE NAME SL-294 VIRGINIA B. AND PFTF,R F. APANOVITCA 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 (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 statewhy 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) Typed or Printed Name of Engineer (if applicable) Florida Registration Number (if applicable) Signature of Property Owner or Authorized Agent (if Typed or Printed Name of Property Owner or Authorized Agent Date (Seal) DEP Form 73-1 t 1 (Revised 6/04) FOUNDATION LOCATION CERTIFICATION ��S�u 9YA'fG1f4. ' _,ts�n� Division of Water Resource Management RORIDA i Florida Department of Environmental Protection Bob Martinez Center Permit Number: SL-294 Mail to: 2600 Blair Stone Road, MS 3522 Tallahassee, Florida 32399-3522 'Virginia B. and Permittee Name: Peter F. Apanovitch 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 Typed or Printed Name of Applicant Signature of Surveyor 'typed or Printed Name of Surveyor (Seal) State of. Florida Registration Number DEP Form 73-114B (Updated 9/05) Date Date