HomeMy WebLinkAboutENVIRONMENTAL PROTECTIONN:
- BY
St p r t .
Environ
B
26
Tallaha:
June 15, 2017
William P. Stoddard, P.E.
Schulke, Bittle and Stoddard, LLC
1717 Indian River Boulevard, Suite 20
Vero Beach, Florida 32960
Dear Dr. Stoddard:
100-Year Storm Elevation Site
rtment of Rick Scott
Governor
ental Protection Carlos Lopez-Cantera
Martinez Center Lt. Governor
Blair Stone Road
e, Florida 32399-2400 Noah Valenstein
Secretary
n r�L UM
a
PY
Determination
Property Owner Name: Basile
Location of. Subject Property: Between approximately 5 feet and 155 feet south of Department
refereIPce monument R-9, in St. Lucie County.
Project Address: 6600 North Highway AIA, Ft. Pierce
This is in response to your revised survey information received by the Department on June 9, 2017
requesting a site -specific determination of the 100-year storm elevation at the project address.
Pursuant to Subsection 3109, Florida Bu
above an elevation which places the lowe
determined by the Florida Department of
year storm Elevation requirements for Hat
Control Line." Alternatively, an applic
Protection determine a site -specific 100
structure as part of the environmental pa
submitted with your request, a site spec
structure has been determined by the Di
lowest horizontal structural member) i +
design grade (scour elevation) is +6.8 A
ling Code, all habitable structures shall be elevated at or
horizontal member above the 100-year storm elevation as
ivironmental Protection in the report titled "One -Hundred
able Structures Located Seaward of a Coastal Construction
it may request that the Department of Environmental
ar storm elevation for the applicant's proposed habitable
It application process. Based on the survey and site plan
is 100-year storm elevation for the proposed habitable
artment. h 00-year storm elevation (elevation of the
,al 5.3 feet NGVD, or higher. In addition, the
D or 8.3 feet NGVD, or lower.
This determination does not relieve you1from your responsibility to comply with the permitting
requirements of any other local, state, or federal regulatory agency which has jurisdiction over the
proposed activity. If you have any questions, concerns, or need additional information, please
contact me at the letterhead address (add Mail Station 300), or by telephone at 850/245-7671, or
by e-mail at iohn.glunn(a'�dep.state.fl.us.
Sincerely,
John Glunn, Permit Manager File Copy
PERMITTEE
Stephen A. and Lisa H. Basile
c/o William P. Stoddard, Ph.D., P.E.
Schulke, Bittle and Stoddard, LLC
1717 Indian River Boulevard, Suite 201
Vero Beach, Florida 32960
NOTICE TO PROCEED AND
PURSUANT TO
FINDINGS OF FACT: An application for aL
construction control line that are indicated in the
herein on August 25, 2017, and was determin,
proposed project is to be located landward of the
established by major structures in the immediate
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-330
FOR CONSTRUCTION OR OTHER ACTIVITIES
161.053, FLORIDA STATUTES
torization to conduct the activities seaward of the coastal
reject description, was filed by the applicant/permittee named
. to be complete pursuant to rule on August 25, 2017. The
0-year erosion projection and the existing line of construction
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 Depa i ment 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 by this reference incorporated herein, and any additional
conditions shown below, pursuant to Section 161.053(4), Florida Statutes.
EXPIRATION DATE: November 15, 2020
LOCATION: Between approximately 35 feet north and 115 feet south of the Department of Environmental
Protection's reference monument R-2, in St. Luiie County. Project address: 6600 North Highway AlA, Fort
Pierce.
PROJECT DESCRIPTION:
Two -Story, Single -Family Dwelling with Landward Garage
1. Location relative to control line: A maximum of 134.5 feet seaward.
1
2. Exterior dimensions: 118.0 feet in the shore -normal direction by
direction.
3. Type of foundation: Pile.
130.7 feet in the shore -parallel
i
I
I
. I
PERMITTEE: Stephen A. and Lisa H. Basile
PERMIT NUMBER: SL-330 i
PAGE 2
4. Finished floor elevation: +16.0 feet (NAVD).
Swimming Pool
1. Location relative to control line: A maximum of 152.8 feet seaward.
2. Exterior dimensions: 58.5 feet in the shore -normal direction by 13.0 feet in the shore -parallel direction.
3. Type of foundation: Pile.
4. Deck elevation of swimming pool: +16.0 feet (NAVD).
5. Bottom elevation of swimming pool: +9I5 feet (NAVD).
6. Maximum depth of swimming pool: 5.5 eet.
7. Height of pool deck above existing grade: 6 feet.
Excavation/Fill
1. Total volume of excavation: Approxi ately 114 cubic yards. Volume of net excavation: None;
excavated material to be placed as fill on the project site.
2. Location of excavation: From approximately 109 feet to approximately 133 feet seaward of the control
line.
3. Maximum depth of excavation: To elevation +9.0 feet (NAVD); one foot below existing grade.
4. Volume of fill to be placed: ApproximateL
y 3,228 cubic yards.
S. Location of fill to be placed: From 0 feet approximately 153 feet seaward of the control line.
Other Structures/Activities
1. Frangible, masonry site walls with planters �ocated along the periphery of the house are to be a maximum
of 153 feet seaward of the control line.
2. A paver block driveway is to be located landward of the house.
1
3. Frangible sand -set paver blocks are to be located between the pool and pavilion.
I
4. A frangible, sand -set paver swimming pool deck attached to the periphery of the swimming pool is to
be located a maximum of approximately 151i0 feet seaward of the control line.
i
5. A pavilion of dimensions approximately 16 feet shore -normal by approximately 16 feet shore -parallel
is to be located a maximum of approximately 134 feet seaward of the control line.
I
6. A staircase on the pool deck to traverse the seaward site wall is to be located a maximum of 153 feet
seaward of the control line.
PERMITTEE: Stephen A. and Lisa H. Basile
PERMIT NUMBER: SL-330
PAGE 3
7. Landscape planting is to be located a
8. Exterior lighting.
SPECIAL PERMIT CONDITIONS:
um of 153 feet seaward of the control line.
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 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 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 preconstr�uction conference by the staff representative so as to provide
maximum protection to the existing natie vegetation and dune features located on the site.
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 in both grain size and coloration. This fill material
shall be free of construction debris, rocks, for other foreign matter. A sample of the sand shall be provided
to the staff representative of the Department during the preconstruction conference.
4. All lighting shall be installed and ma;
additional permanent exterior lighting is
Permittee shall submit compliance reports
permit. General Permit Conditions 1(q), 11
to the Department of Environmental Pr(
Periodic Progress Report (DEP Form 73-
114B), and l(s) Final Certification
periodic reports are due in the office
activities have started.
GENERAL PERMIT CONDITIONS
as depicted in the approved lighting schematic. No
as specified in Special and General Permit Conditions of this
.-), and 1(s) pertain to written reports which must be submitted
tection at specified times. The forms for the reports: 1(q)
11), 1(r) Foundation Location Certification (DEP Form 73-
(DEP Form 73-11513) are available at the website:
.tm#CCCL. Each form may be submitted electronically. The
nthly. No progress reports are required until construction
(1) 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 specifications 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 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.
PERMITTEE: Stephen A. and Lisa H. Basile
PERMIT NUMBER: SL-330 1
PAGE 4
i
(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 iden ified 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 oaf 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 activit, 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 forbidde � by law.
(f) Construction traffic shall not occur and builllding 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 con of line shall be sand which is similar to that already existing
on the site in both coloration and grain size. All uch fill material shall be free of construction debris, rocks,
clay, or other foreign matter; shall be obtained fro l 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.
0) 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 oats, sea grape, saw
palmetto, panic grass, saltmeadow hay cordgrass, seashore saltgrass, 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 tli�e 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.
i
PERNIITTEE: Stephen A. and Lisa H. Basile
PERMIT NUMBER: SL-330
PAGE 5
(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 teIFms 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 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 Department 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 Department periodic
progress reports on a monthly basis beginning at Ithe start of construction 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 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 permit. The report shall also state the percent
of completion of the project and each major individual component. The reports shall be provided to the
Department 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. �t 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 thel 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 perripttee 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 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, they 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(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 byl ; reference.
PERMITTEE: Stephen A. and Lisa H. Basile
PERMIT NUMBER: SL-330
PAGE 6
(t) Authorization for construction of armorin
review and assessment of the design and anticipal
Construction of any less than the complete struci
result in the assessment of an administrative fine .
structure. Modifications to the project size, locati
in accordance with Rule 62B-33.013, F.A.C.
(2) The permittee shall not commence an}
encroaching on the sovereignty land of Florida se.
control line until the permittee has received from
the required lease, license, easement, or other for
(3) The permittee shall obtain any applicab
municipal law.
(4) This permit does not authorize trespass or
(5) In the event of a conflict between a gener
permit condition shall prevail.
(6) Copies of any forms referenced above ca
Protection, 2600 Blair Stone Road, MS 3522, T
8336.
Cal A W11In
or other rigid coastal structures is based on an engineering
I performance and impact of the structure as a complete unit.
as approved by the Department is not authorized and shall
i the issuance of an order to remove the partially constructed
�, or structural design shall be authorized by the Department
excavation, construction, or other physical activity on or
vard of the mean high water line or, if established, the erosion
ie Board of Trustees of the Internal Improvement Trust Fund
of consent authorizing the proposed use.
licenses or permits required by Federal, state, county, or
other property.
permit condition and a special permit condition, the special
be obtained by writing to the Department of Environmental
lahassee, Florida 32399-2400, or by telephoning (850)245-
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.
NOTICE OF RIGHTS
This action is final and effective on the date filed wi h the Clerk of the Department unless a petition for an
administrative hearing is timely filed under Sectionsl120.569 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 I
A person whose substantial interests are affected by the Department's action may petition for an administrative
proceeding (hearing) under Sections 120.569 and 1201.57, 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 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 oaf 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;
PERMITTEE: Stephen A. and Lisa H. Basile
PERMIT NUMBER: SL-330
PAGE 7
(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 Clerl4) in 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. 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 1�0.60(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 lby 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.
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 alpetition 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 Adjudicatoiy 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 32399-3000) 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 must be filed within 30 days
from the date this action is filed with the Clerk of the Department.
I
i
I
PERMITTEE: Stephen A. and Lisa H. Basile
PERMIT NUMBER: SL-330
PAGE 8
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 clerk
sent on the filing date below to the following 1
AL PROTECTION
by certifies that this document and all attachments were
persons:
_ William P. Stoddard, Ph.D., P.E. wstoddard@sbsengineers.com
Property Owners jf33067gaol.com
Debra Zampetti, St. Lucie Planning and Development Services Zampettida,stlucieco.org
Jason Spanier, Field Inspector Jason. Spanier@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.
11/15/201
Clerk Date