HomeMy WebLinkAboutNOTICE TO PROCEEDSCANNk��
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PERMITTEE
Venetian Administration LLC
c/o David S. Knight, P.E.
Knight, McGuire and Associates, Incorporated
80 Royal Palm Pointe, Suite 401
Vero Beach, Florida
NOTICE TO PROCEED AND PERMIT
PURSUANT TO SECTION
FINDINGS OF FACT: An application for authori�
construction control line that are indicated in the proje
herein on August 2, 2018, and was determined to b�
proposed project is to be located landward of the 30-y(
established by major structures in the immediate area.
CONCLUSIONS OF LAW: After considering the n
affected persons, the Department finds that upon comp
in the project description of this permit are of such a na
to the beach/dune areas or to adjacent properties; that
turtles, their hatchlings, or their habitat; that the work
in accordance with Section 6213-33.005, Florida Admi
the Department approves the application; authorizes coi
in strict accordance with the project description, the ar
which are by this reference incorporated herein, and an,
161.053(4), Florida Statutes.
EXPIRATION DATE: October 25, 2021
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Water Resource Management
2600 Blair Stone Road - Mail Station 3522
Tallahassee, Florida 32399-2400
(850) 245-8336
PERMITNUMBER: SL-338
WWD .41
CONSTRUCTION OR OTHER ACTIVITIES
1.053, FLORIDA STATUTES
tion to conduct the activities seaward of the coastal
description, was filed by the applicant/permittee named
complete pursuant to rule on September 6, 2018. The
r erosion projection and the existing line of construction
,rits of the proposal and any written objections from
ance with the permit conditions, the activities indicated
ire that they will result in no significant adverse impacts
[e work is not expected to adversely impact nesting sea
expendable in nature and/or is appropriately designed
istrative Code. Based on the foregoing considerations,
aruction and/or activities at the location indicated below
roved plans (if any) and the General Permit Conditions
additional conditions shown below, pursuant to Section
LOCATION: Between approximately 185 feet and 175 feet 'north of the Department of Environmental
P : rotection's reference monument R-17, in St. Lucie Coj,nty. Project address: 4416 Highway AIA, Ft. Pierce.
PROJECT DESCRIPTION:
Two"Story, Single -Family Dwelling with Cantilevered
Location relative to control line: A maximum
2. Exterior dimensions: 55.3 feet in the
3. Type of foundation: Pile.
4. Finished floor'elevation: +24.0 feet (NAVD).
5. Elevation of garage: +9.0 feet (NAVD).
Floor
.9 feet seaward.
direction by 64.8 feet in the. shore -parallel direction.
PERMITTEE: Venetian Administration LLC
PERMIT NUMBER: SL-3 3 8
PAGE 2
Swimming Pool
I Location relative to control line: A maximum of 105.3 feet seaward.
2. Exterior dimensions: 15.5 feet in the shore-nor� al direction by 25.3 f6et in the shore -parallel direction.
3. Type of foundation: Pile.
4. Deck elevation of swimming pool: +23.5 feet AVD).
5. Bottom elevation of swimming pool: +16.4 feet (NAVD).
6. Maximum depth of swimming pool: 5.5 feet.
7. Height of pool deck above existing grade: 12.5 �eet.
Excavation/Fill
I . Total volume of excavation: Approxi atel 78 cubic yards. Volume of net excavation: None; excavated
material to be placed as fill on the project site.
2. Location of excavation: From 20 feet to 105 fiel seaward. of the control line.
3. Maximum depth of excavation: To elevation +11.5 feet (NAVD); 1.5 feet below existing grade.
4. Volume of fill to be placed: Approximately 220 Lbic yards.
5. Location of fill to be placed: From I I feet to I Oil feet seaward of the control line.
Other Structures/Activities
1. An equipment pad at elevation +16.4 NAVD loc edsouth - of the pool deck is to be located a maximum
of 86.2 feet seaward of the control line.
2. A 3-foot wide easement containing a 2-foot wide on -grade sand path located along the south property
boundary is to be located a maximum of 10 feet seaward of the dune vegetation.
3. A pool maintenance access deck located seaward of the pool is to be a maximum of 103.9 feet seaward
of the control line.
4. A 43.5-foot wide concrete swimming pool deck; i ached to the periphery of the swimming pool is to be
located a maximum of 108.8 feet seaward of the control line.
5. A concrete staircase located north of the pool deck leading to grade is to be a maximum of 98.8 feet
seaward of the control line.
6. A paver block driveway and entry area landward of the house.
7. Landscape planting.
PERMITTEE: Venetian Administration LLC
PERMIT NUMBER: SL-33 8
PAGE 3
Exterior and landscape lighting.
SPECIAL PERMIT CONDITIONS:
1 .
OA
3
4.
Prior to commencement of construction activity ai
shall be held at the site among the contractor, the
of the Department to establish an understanding ar
and general conditions of the permit. The propose,
conference. Contact Jason Spanier at (772) 919.
Prior to commencement of construction activity
fence shall be erected along the perimeter of the pi
the construction authorized by this permit is cor
shall be determined during the preconstruction c,
maximum protection to the existing native vegeta
All imported fill material shall be obtained from a
of sand which is similar to that already on the sit(
shall be free of construction debris, rocks, or other I
to the staff representative of the Department durinj
Prior to completion of construction activities auth
of a minimum of three native salt -tolerant species
area seaward of the authorized structures. Dune res
indigenous to the native plant communities exist
approved by the Department. Sod composed of no
structure or decks. Plantings in other areas of the
species such as listed in the Florida Exotic Pest
Species.
horized by this permit, a preconstruction conference
wner or authorized agent, and a staff representative
)ng the parties as to the items specified in the special
locations of the structures shall be staked out for the
786 to schedule a conference.�
iorized by this permit, a temporary construction
Lted activity. The fence shall remain in place until
-.e. The optimum siting of the construction fence
rence by the staff representative so as to provide
and dune features located on the site.
iource landward of the control line and shall consist
in both grain size and coloration. This fill material
�reign matter. A sample of the sand shall be provided'
the preconstruction conference.
,.,ed by this permit, the permittee shall plant a mix
restore the frontal dune 'and any disturbed natural
ition plantings shall consist of salt -tolerant species
on or near the site or with other native species
ative grasses is not authorized seaward of a major
)ject site shall not include invasive nuisance plant
int Council's List of Category I and 11 Invasive
All lighting shall be installed and maintained as depicted in, the approved lighting schematic. No
additional permanent exterior lighting is authorizedl,
Permittee shall submit compliance reports as specif
pen -nit. General Permit Conditions I(q), 1(r), and 1(.,
to the Department of Environmental Protection a
Periodic Progress Report (DEP Form 73-111), 1 (r)
114B), and l(s) Final Certification (DEP F
periodic reports are due in the office monthly.
activities have started.
d in Special and General Permit Conditions of this
pertain to written reports which must be submitted
specified times. The forms for the reports: I(q)
. oundation Location Certification (DEP Form 73-
.-in 73-11513) are available at the website:
Each form may be submitted electronically. The
progress reports are required until construction
PERMITTEE: Venetian Administration LLC
PERMIT NUMBER: SL-33 8
PAGE 4
GENERAL PERMIT CONDITIONS
(1) The following general permit conditions shall apply,
permit:
waived by the Department or modified by the
(a) The permittee shall carry out the construction or adivity for which the permit was granted in accordance
with the plans and specifications that were approved b�, the Department as part of the permit. Deviations
therefrom, without written approval from the Departmen shall be grounds for suspension of the work and
revocation of the permit pursuant to Section 120.60(7), S., and shall result in assessment of civil fines or
issuance of an order to alter or remov'e the unauthorized w rk, 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 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. I
(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 � I roject performance reports, certifications, or other
documents arereceived 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 I 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. 11
(e) The permittee shall allow the Department to use all records, notes, monitoring data, and other inf6rination
relating to construction or any activity under the permit, whlich 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, st�ch as temporary fencing, designated access roads,
adjustment of construction �equence, or other requirements,1 shall be provided by the permittee at the direction
of the Department. Temporary construction fencing shall no I t be sited within marine turtle nesting habitats.
(g) The permittee shall not disturb existing beach and d I une 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 mateirial or revegetated with appropriate beach and dune
vegetation.
(h) All fill material placed seaward of the control line sh I all be sand which is similar to that already existing
on the site in both coloration and grain size. All such fill Taterial 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 excava "on 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. I
PERMITTEE: Venetian Administration LLC
PERMIT NUMBER: SL-33 8
PAGE 5
Any native salt -tolerant vegetation destroyed duri I ng construction shall be replaced with plants of the
same species or, by authorization of the Department, with other native saft-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, seasho I e saltgrass, and railroad vine, and grown from stock
indigenous to the region in which the project is located. r
(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 I through October 3 1.
(in) If not specifically authorized elsewhere in the pelt, 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. I
(n) All windows and glass doors visible from any point I 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 prope owner and is not valid for any other person unless
formally transferred. An applicant requesting trans fer of th I e 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
Department. The transfer request shall be provided on the' form entitled "Permit Transfer Agreement" — DEP
Form 73-103 (Revised 1/04), which is hereby adopted Q 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 oil the construction site along with the permit. An expired
permit shall not be transferred.
(p) The permittee shall immediately inform the Department of any change of mailing address of the permittee
and any authorized agent until all requirements of the perm I it are met.
(q) For permits involving major structures or activities, t I he permittee shall submit to the Department periodic
progress reports on a monthly basis beginning at the start of �onstruction 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 ha I s 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 I o ponent. The reports shall be provided to the
Department using the form entitled "Periodic Progress epo EP 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 conditioln.
PERMITTEE: Venetian Administration LLC
PERMIT NUMBER: SL-33 8
PAGE 6
(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 locationform. shall be submitted to
and accepted by the Department prior to proceeding with f i urther 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 4 1 F, 2, F. S., I 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 Department using the form entitled "FOurildation Location Certification" — DEP Form 73-114B
(Revised 9/05), which is hereby adopted and incorporated by reference. Phasing of foundation certifications is
acceptable. The Department shall notify the permittee 4 approval or rejection of the form within seven (7)
working days after staff receipt of the form. All survey inf I ormation upon which the form is based shall be made
available to the Department upon request. Permits for repairs or additions to existing structures with
nonconforming foundations are exempt from this conditio I n.
(s) For permits involving major structures, the permittlee shall provide the Department With a report by an
engineer or architect licensed in the State of Florida withi I ii 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 i I n compliance with the plans and project description
approved as a part of the permit and all conditions of tl�e 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 62B-33.0155(l)(a), F.A.C. If none of the permitted work is
performed, the permittee shall inform the Department 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
9/05), which is hereby adopted and'incorporated by reference.
(t) Authorization for construction of armoring or oth� I r 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 6213-33.013, 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 line
until the permittee has received from the Board of Trusteeslof the Internal Improvement Trust Fund the required
lease, license, easement, or other form of consent authorizi I pg 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.
Copies of any forms referenced above can be obtained by writing to the Department of Environmental
Protection,'2600 Blair Stone Road, MS 3522, Tallahassee, Florida 32399-2400, or by telephoning (850)245-
8336. 1
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
I
construction seaward of the coastal construction control line.
Approved plans are incorporated into this permit by reference.
I
PERMITTEE: Venetian Administration LLC
PERMIT NUMBER: SL-3 3 8
PAGE 7
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unlessa petition for an,
administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a
petition. On the filing of a timely and sufficient petition, t�is action will not be final and effective until further
order of the Department. Because the administrati-�e hea I ring 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 I
A person whose substantial interests are affected by the Del partment's action may petition for an administrative
proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-106.201 and 28-106.301,
F.A.C., a petition for an administrative hearing must contaiii the following informatiom
(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 pe I titioner'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 pro I posed action; --
(f) A statement of the specific rules or statutes that the �etitioner 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 statemerit 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 propol sed action.
The petition must be filed (received by the Clerk) in the Ott I ice ot General Counsel of the Department at 3900
Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence
at AgencySlerk@dep.state.fl.us. 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), F.A.C., petitions fol r an administrative hearing by the applicant and
persons entitled to written notice under Section 120.60(3), FIS., must be filed within 21 days of receipt of this
written notice. Petitions filed by any persons other than the I applicant, and other than those entitled to written
notice under Section 120.60(3),,F.S., must be filed within 21 days of publication of the notice or within 21 days
of receipt of the written notice, whichever occurs first. The fal ilure 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, F.S.,,, or to intervene in- this proceeding and participate as a party to it. Any
subsequent intervention (in a proceeding initiated by another 'arty) will be only at the discretion of the presiding
. P,
officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.
PERMITTEE: Venetian Administration LLC
PERMIT NUMBER: SL-33 8
PAGE 8
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose subA
may also request an extension -of time to file a petition fc
good cause shown, grant the request for an extension of tj
the Office of General Counsel of the Department at
Tallahassee, Florida 32399-3000, or via electronic corresl
deadline for filing a petition for an administrative hearin,
running of the time period for filing a petition until the rc
ntial interests are affected by the Department's action
, an administrative hearing. The Department may, for
ne. Requests for extension of time must be filed with
3900 Commonwealth Boulevard, Mail' Station 35,
ondence at Agency_Clerk@dep.state.fl.us, before the
. A timely request'for extension of time shall toll the
juest is acted upon.
Mediation
Mediation is not available in this proceeding.
The applicant, or any party within the meaning of Section 373.114(l)(a) or 373.4275, F.S., may also seek
appellate review of this order before the Land and Water lAdjudicatory Commission under Section 373.114(l)
or 373.4275, F.S. Requests for review before the Land anj Water Adjudicatory Commission must be filed with
the Secretary oif the Commission and served on the Depar�lrnent within 20 days from the date when this order is
filed with the Clerk of the Department.
Judicial Review
Once this d6cision becomes final, any party to this action has the right to seckjudicial review pursuant to Section
120.68, F.S., by filing a Notice of Appeal pursuant to, Florida Rules of Appellate Procedure 9.110 and 9.190
with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth
Boulevard, Tallahassee, Florida 32399-3000) and by filQ1 a copy of the Notice of Appeal accompanied by the
applicable filing fees with the appropriate district court of a' ppeal. The notice must be filed within 30 days from
the date this action is filed with the Clerk of the Department.
PERMITTEE: Venetian Administration LLC
PERMIT NUMBER: SL-33 8
PAGE 9
EXECUTION AND CLERKING
Executed in Tallahassee, Florida.
STATE OF FLORIDA DEPARTMENT OF
John Glunn, Permit Manager
Coastal. Construction Control Line Program
Division of Water Resource Management
CERTIFICATE OF SERVICE
The undersigned duly designated deputy cler
sent on tne tiling cl e below to the following listecl pei
David S. Knight, P.E.,'David Knight' davidk@knightr
Property owner, bonvecehio@yahoo.com
Debra Zampetti, St. Lucie Planning and Development
Jason Spanier, Field Inspector Jason. Spanier@dep.st
FILING AND ACKNOWLEDGMEENT
FILED, on this date, pursuant to Section 120.52, F. S.,
is hereby acknowledged.
10/25/2018
Clerk/
Date
AL PROTECTION
I
hat this document and all attachments were
Zampettidgstlucieco.org
the designated Department Clerk, receipt of which