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HomeMy WebLinkAboutNOTICE TO PROCEEDSCANN BY S$ Lucie C PERMITTEE Venetian Administration LLC c/o David S. Knight, P.E. Knight, McGuire and Associate 80 Royal Palm Pointe, Suite 40 Vero Beach, Florida NOTICE TO FINDINGS OF FACT: An ap; construction control line that are herein on July 10, 2018, and wa: project is to be located landwi established by major structures i CONCLUSIONS OF LAW: Af affected persons, the Department in the project description of this I to the beach/dune areas or to adj turtles, their hatchlings, or their ] in accordance with Section 6213- the Department approves the appl in strict accordance with the proj which are by this reference incor] 161.053(4), Florida Statutes. Ty Incorporated 19 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 PERMIT NUMBER: SL-337 IC-jOl-olb8 AND PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES NT TO SECTION 161.053, FLORIDA STATUTES lication for lauthorization to conduct the activities seaward of the coastal ndicated in the project description, was filed by the applicant/permittee named determined to be complete pursuant to rule on August 16, 2018. The proposed rd of the 30L year erosion projection and the existing line of construction the immediate area. :er consideririg the merits of the proposal and any written objections from finds that upon compliance with the permit conditions, the activities indicated ermit are of such a nature that they will result in no significant adverse impacts scent properties; that the work is not expected to adversely impact nesting sea abitat; that the work is expendable in nature and/or is appropriately designed 3.005, Florida Administrative Code. Based on the foregoing considerations, cation; authorizes construction and/or activities at the location indicated below ct description, the approved plans (if any) and the General Permit Conditions .prated herein, and any additional conditions shown below, pursuant to Section EXPIRATION DATE: October 1 , 2021 LOCATION: Between approxi ately 590 feet and 674 feet north of the Department of Environmental Protection's reference monument in St. Lucie County. Project address: 4410 North.AlA, Ft. Pierce. PROJECT DESCRIPTION: Two -Story, Single -Family 1. Location relative to control line: A maximum of 98.5 feet seaward. 2. Exterior dimensions: 50.7 feet in the shore -normal direction by 64.8 feet in the shore -parallel direction. 3. Type of foundation: Pile. 4. Finished floor elevation: + 4.0 feet (NAVD). 5. Elevation of garage: +9.0 f�et (NAVD). � fill r , PERMITTEE: Venetian Admi n isl PERMIT NUMBER: SL-337 PAGE 2 LLC Swimming Pool 1. Location relative to cor� rol line: A maximum of 105.8 feet seaward. 2. Exterior dimensions: 1 .2 feet in the shore -normal direction by 25.3 feet in the shore -parallel direction. 3. Type of foundation: Pill . 4. Deck elevation of swim ing pool: +23.5 feet (NAVD). 5. Bottom elevation of swil ming pool: +16.4 feet (NAVD). i 6. Maximum depth of swi ming pool: 5.5I feet. 7. Height of pool deck abo a existing grade: 12.5 feet. Excavation/Fill 1. Total volume of excavation: Approximately 80 cubic yards. Volume of net excavation: None; excavated material to be placed as ill on the project site. 2. Location of excavation: rom 28 feet Ito 106 feet seaward of the control line. 3. Maximum depth of exca ation: To elevation +7.8 feet (NAVD); 1.5 feet below existing grade. 4. Volume of fill to be placed: Approximately 180 cubic yards. 5. Location of fill to be placed: From 3 feet to 110 feet seaward of the control line. Other Structures/Activities 1. An equipment pad at elev tion +16.4 NAVD located south of the pool deck is to be located a maximum of 88.4 feet seaward of th control line. 2. A 3-foot wide easement ontaining a 2-foot wide on -grade sand path located along the north property boundary is to be located maximum of 10 feet seaward of the dune vegetation. 3. A pool maintenance acce s deck located seaward of the pool is to be a maximum of 108.9 feet seaward of the control line. 4. A 49.2-foot wide concrete swimming pool deck attached to the periphery of the swimming pool is to be located a maximum of 10 .8 feet seaward of the control line. 5. A concrete staircase locat d north of the pool deck leading to grade is to be a maximum of 100.8 feet seaward of the control lin . 6. A paver block driveway d entry area landward of the house. 7. Landscape planting. PERMITTEE: Venetian Admi ' i PERMIT NUMBER: SL-337 PAGE Exterior and landscape SPECIAL PERMIT Prior to commencemen shall be held at the site of the Department to es, and general conditions conference. Contact JE 2. Prior to commencemer fence shall be erected a] the construction author shall be determined dui maximum protection to All fill material shall b, which is similar to that free of construction del: staff representative of t] 4. Prior to completion of of a minimum of three area seaward of the aut indigenous to the nati, approved by the Depar .structure or decks. PIa species such as listed Species. 5. All lighting shall be additional permanent LLC of construction activity authorized by this permit, a preconstruction conference Mong the contractor, the owner or authorized agent, and a staff representative iblish an understanding among the parties as to the items specified in the special f the permit. The proposed locations of the structures shall be staked out for the ;on Spanier at (772) 919-5786 to schedule a conference. of construction activity authorized by this permit, a temporary construction ►ng the perimeter of the permitted activity. The fence shall remain in place until zed by this permit is complete. The optimum siting of the construction fence ng the preconstruction conference by the staff representative so as to provide ;he existing native vegetation and dune features located on the site. obtained from a source landward of the control line and shall consist of sand lready on the site in both grain size and coloration. This fill material shall. be s, rocks, or other foreign matter. A sample of the sand shall be provided to the Department �iduring the preconstruction conference. I nstruction activities authorized by this permit, the permittee shall plant a mix tive salt -tolerant species to restore the frontal dune and any disturbed natural rized structures. Dune restoration plantings shall consist of salt -tolerant species �plant communities existing on or near the site or with other native species ent. Sod composed of non-native grasses is not authorized seaward of a major t'* s in other areas of the project site shall not include invasive nuisance plant i the Florida Exotic Pest Plant Council's List of Category I and II Invasive 6. Permittee shall submit co permit. General Permit G to the Department of Er Periodic Progress Report 114B), and I(s) Fina periodic reports are due activities have started. celled and maintained as depicted in the approved lighting schematic. No rior lighting is authorized. npliance reports as specified in Special and General Permit Conditions of this inditions 1(q); 1(r), and 1(s) pertain to written reports which must be submitted vironmental Protection at specified times. The forms for the reports: 1-(q) (DEP Form 73-111), l(r) Foundation Location Certification (DEP Form 73- Certification (DEP Form 73-115B) are available at the website: /beaches/forms.htm#CCCL. Each form may be submitted electronically. The in the office monthly. No progress reports are required until construction PERMITTEE: Venetian Admi istration LLC, PERMIT NUMBER: SL-337 PAGE 4 GENERAL PERMIT (1) The following general �ermit conditions shall apply, unless waived by the Department or modified by the permit: (a) The permittee shall ca out the construction or activity for which the permit was granted in accordance with the plans and specificatio s that were lapproved by the Department as part of the permit. Deviations therefrom, without written app oval from the Department, shall be grounds for suspension of the work and revocation of the permit pursu nt to Sectionl 120.60(7), F.S., and shall result in assessment of civil fines or issuance of an order to alter or r�move the unauthorized work, or both. No other construction or activities shall be conducted. No modifications o project size, location, or structural design are authorized without prior written approval from the Department. copy of the lnotice to proceed shall be conspicuously displayed at the project site. Approved plans shall be m de available for inspection by a Department representative. (b) The permittee shall cond ct the construction or activity authorized under the permit using extreme care to prevent any adverse impacts t the beach and dune system, marine turtles, their nests and habitat, or adjacent property and structures. (c) The permittee shall allo any duly identified and authorized member of the Department to enter upon the premises associated with th 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 een completed and all project performance reports, certifications, or other documents are received by the D partment 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 r}�atter how occasioned and no matter what the amount, to persons or property that might result from the cons ction or activity authorized under the permit and from any and all claims and judgments resulting from such d mage. (e) The permittee shall allow he Department to use all records, notes, monitoring data, and other information relating to construction or any ac ivity under the permit, which are submitted, for any purpose necessary except where such use is otherwise spec fically forbidden by law. (f) Construction traffic shall of occur and building materials shall not be stored on vegetated areas seaward of the control line unless spec fically authorized by the permit. If the Department determines that this requirement is not being met, po itive control I, measures, such as temporary fencing, designated access roads, adjustment of construction seque ce, or other requirements, shall be provided by the permittee at the direction of the Department. Temporary c nstruction fencing shall not be sited within marine turtle nesting habitats. (g) The permittee shall not di turb existing beach and dune topography and vegetation except as expressly authorized in the permit. Before a project is considered complete, any disturbed topography or vegetation shall be restored as prescribed in the p it with suitable fill material or revegetated with appropriate beach and dune vegetation. (h) All fill material placed see on the site in both coloration anc clay, or other foreign matter; shal and shall be free of coarse gravel (i) If surplus sand fill results i be distributed seaward of the cont authorized by the permit. yard of the control line shall be sand which is similar to that already existing grain size. All such fill material shall be free of construction debris, rocks, be obtained from a source landward of the coastal construction control line; r cobbles. om any approved excavation seaward of the control line, such material shall )l line on the site, as directed by the Department, unless otherwise specifically PERMITTEE: Venetian Administration LLC PERMIT NUMBER: SL-331 PAGE 5 0) Any native salt -tolerant same species or, by authorization and dune stabilization. Unless o and coastal areas — whether to otherwise — shall be of specie palmetto, panic grass, saltmeadp indigenous to the region in whit (k) All topographic restorat status of restoration shall be rep (1) If not specifically auth equipment or materials is autho nesting season. The marine turt Indian River, St. Lucie, Martin during the period of March 1 thr (m) If not specifically autho authorized at any time during th authorized. (n) All windows and glass d (light transmission from inside t (o) The permit has been iss formally transferred. An applic agreement form, agreeing to con Department. The transfer reque� Form 73-103 (Revised 1/04), wl under the permit until the new ov A copy of the transfer agreemen permit shall not be transferred. (p) The permittee shall immei and any authorized agent until al (q) For permits involving maj progress reports on a monthly ba completed. If a permit involves shall be certified by an engineer certify that as of the date of eacl project description approved as; deviation from the plans, project of completion of the project ai Department using the form entit hereby adopted and incorporated of periodic reports unless require vegetation destroyed during construction shall be replaced with plants of the of the Department, with other native salt -tolerant vegetation suitable for beach erwise specifically authorized by the Department, all plants installed in beach replace vegetation displaced, damaged, or destroyed during construction or indigenous to Florida beaches and dunes, such as sea oats, sea grape, saw w hay cordgrass, seashore saltgrass, and railroad vine, and grown from stock the project is located. on and revegetation work is subject to approval by the Department, and the >rs visible from any point on the beach must be tinted to a transmittance value outside) of 45% or less through the use of tinted glass or window film. ;d to a specified property owner and is not valid for any other person unless t requesting transfer of the permit shall sign two copies of the permit transfer ply with all terms and conditions of the permit, and return both copies to the shall be provided on the form entitled "Permit Transfer Agreement" — DEP ich is hereby, adopted and incorporated by reference. No work shall proceed ier has received a copy of the transfer agreement approved by the Department. shall be displayed on the construction site along with the permit. An expired iately inform the Department of any change of mailing address of the permittee requirements of the permit are met. )r structures 6r activities, the permittee shall submit to the Department periodic is beginning at the start of construction and continuing until all work has been zither new armoring or major reconstruction of existing armoring, the reports icensed in the State of Florida. The permittee or engineer, as appropriate, shall report all construction has been performed in compliance with the plans and part of the permit and with all conditions of the permit, or shall specify any description, or conditions of the permit. The report shall also state the percent d each major individual component. The reports shall be provided to the ed "Periodic Progress Report" — DEP Form 73-111 (Revised 6/04), which is by reference. Permits for minor structures or activities do not require submittal i by special permit condition. PERMITTEE: Venetian Administration LLC PERMIT NUMBER: SL-337 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 location form shall be submitted to and accepted by the Department prior to proceeding with further vertical construction above the foundation. The form shall be signed by a professional surveyor, licensed pursuant to Chapter 472, F.S., and shall be based upon such surveys performed in accordance with Chapter 472, F.S., as are necessary to determine the actual configuration and dimensioned relationship of the installed pilings to the control line. The information shall be provided to the Department using the form entitled "Foundation 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 of approval or rejection of the form within seven (7) working days after staff receipt of the form. �11 survey information 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 condition. (s) For permits involving major structures, the permittee shall provide the Department 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 62B-33.0155(1)(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 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 6213-33.013, F.A.C.11 (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 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 Environmental Protection, 2600 Blair Stone Road, MS 3522, Tallahassee, Florida 32399-2400, or by telephoning (850)245- 8336. 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. PERMITTEE: Venetian Administration LLCM PERMIT NUMBER: SL-337 PAGE 7 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, F.S., 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 120.564 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 contain the following information: (a) The name and address of each agencylaffected 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 thei 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, allahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@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 for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., 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), 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 failure to file a petition within the appropriate time period shall constitute a waiver of that person 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 party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. PERMITTEE: Venetian Administration LLC PERMIT NUMBER: SL-337 PAGE 8 Extension of Time Under Rule 62-110.106(4), F.A.C., 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, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the 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: The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial 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 32399-3006) 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 must be filed within 30 days from the date this action is filed with the Clerk ofthe Department. PERMITTEE: Venetian Administration LLC PERMIT NUMBER: SL-337 PAGE 9 EXECUTION AND CLERKING Executed in Tallahassee, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION John Glunn, Permit Manager Coastal Construction Control Line Program Division of Water Resource Management CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document and all attachments were sent on the filing date below to the following listed persons: David S. Knight, P.E., 'David Knight' davidk@kni hg tmcguire.com Property owner, bonvecchio@yahoo.com Debra Zampetti, St. Lucie Planning and Development Services Zampettid@stlucieco.org Jason Spanier, Field Inspector Jason. Spanier@dep.st te.fl.us FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.k, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. 10/18/2018 ClerlO Date