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HomeMy WebLinkAbout22020536-ENVIRONMENTAL PROTECTIONJeb Bush Governor �a o SyQ _ Department of, Environmental Protection ttaad� Marjory Stoneman Douglas Building 5�p�1OE 3900 Commonwealth Boulevard David B. Struhs �Y tTallahasseeMayrida 320023000 Secretary Kevin Panel v 4230 Myrtle Street St. Augustine, Florida 32084 % Dear Mr. Partel: NOTICE TO PROCEED WITHHELD PERMIT NUMBER: SIr186 PERMITTEE NAME: Grand Isle of North Hutchinson Island, Ltd. 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 Environmental Protection. However, construction may not commence until after the permittee has received a notice to proceed in accordance with Special Permit Conditions 1, 2 and 3, and the permittee complies with any preconstruction requirements described in Special Permit Conditions 4 and 6. Please read the permit and permit conditions including both the Standard Permit Conditions and any Special Permit Conditions closely before starting construction. Standard Permit Conditions 1(q), 1(r), and 1(s) pertain to written reports which must be submitted to the Department of Environmental Protection under the signature and seal of a professional engineer, architect, or land surveyor (as appropriate) 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 of the Office of Beaches and Coastal systems 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 May 28, 2005. 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 one additional year. 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. Any person whose substantial interests are affected by any decision of the Department on the application has the right to request an administrative hearing in accordance with the provisions of Sections 120.569 and 120.57 of the Florida Statutes. Should you desire an administrative hearing, your request must comply with the provisions of Rule 28-106.201 of the Florida Administrative Code, as indicated below. Send requests for hearings to the Department of Environmental Protection, Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399. The Department must receive the request within twenty-one days after your receipt of this notice. "More Protection, Less Process" Printed on recycled paper. Kevin Partel May 30, 2002 Page 2 When the Department receives an adequate and timely filed request for hearing, the Department will request the assignment of an administrative law judge. Once an administrative law judge is requested, the referring agency will take no further action with respect to the proceeding except as a party litigant, as long as the Division of Administrative Hearings has jurisdiction over the formal proceeding. Rule 28-106.201(2) of the Florida Administrative Code requires that a petition or request for hearing contain the following information: (1) The name and address of each agency affected and each agency's file or identification number, if known; (2) 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 will be affected by the agency determination; (3) A statement of when and how the petitioner received notice of the Department's action; (4) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (5) A concise statement of ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the Department's proposed action; (6) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the Department's proposed action; and (7) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Department's proposed action. A person may request an extension of time to petition for an administrative hearing. The person filing the request for extension must do so within the time limits for filing a petition described above and serve all parties with the request. when must use is shown te why an extension is needed. The Department will grant an extensiony g ood If a petition or request for extension of time is filed, further order of the Department becomes necessary to effectuate this notice. Accordingly, the Department's final action may be different from the position taken by it in this notice. Actions undertaken by you under this permit, pending the lapse of time allowed for the filing of such a request for hearing, may be subject to modification, removal, or restoration. Failure to petition within the allowed time frame constitutes waiver of any right that such a person has to request a hearing under Section 120.57 of the Florida Statutes and to participate as a party to the proceeding. If a legally sufficient petition for hearing is not timely received this notice constitutes final agency action. When this order becomes final, any party to the order has the right to seek judicial review under Section 120.57 of the Florida Statutes and Rule 9.030(b)(1) and 9.110 of the Florida Rules of Appellate Procedure by filing a notice of appeal with the Department of Environmental Protection, Office of General Counsel, Department Clerk, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399, and with the appropriate district court of 1 Kevin Partel May 30, 2002 Page 3 appeal within thirty days after this final order is filed with the Department Clerk. The notice filed with the district court must be accompanied by the ion w'1 filing be at the approval of the presidiecified in Subsection ng)of the officer Florida Statutes. Any subsequent intervention Y upon motion filed under Rule 28-106.205, Florida Administrative Code. A person whose substantial interests are affected by the Department's proposed agency action may choose to pursue mediation as an alternative remedy under Section 120.573 before the deadline for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth below. A person may pursue mediation by reaching a mediation agreement with all parties to the proceeding (which include the applicant, the Department, and any person who has filed a timely and sufficient petition for a hearing); and by showing how the substantial interests of each mediating party are affected by the Department's action or proposed action. The agreement must be filed in (received by) the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, by the same deadline as set forth above for the filing of a petition. The agreement to mediate must include the following: (a) The names, addresses, and telephone numbers of any persons who may attend the mediation; (b) The name, address, and telephone number of the mediator selected by the parties, or a provision for selecting a mediator within a specified time; (c) The agreed allocation of the costs and fees associated with the mediation; (d) The agreement of the parties on the confidentiality of discussions and documents introduced during mediation; (e) The date, time, and place of the first mediation session, or a deadline for holding the first session, if no mediator' has yet been chosen; (f) The name of each parry's representative who shall have the authority to settle or recommend settlement, and will be (g) Either an explanation of how the substantial interests of each mediating party affected by the action or proposed action addressed in this notice of intent or a statement clearly identifying the petition for hearing that each party has already filed, and incorporating it by reference. (h) The signatures of all parties or their authorized representatives. As provided in Section 120.573 of the Florida Statutes, the timely agreement of all parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57 for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within sixty days of the execution of the agreement. If mediation results in settlement of the administrative dispute, the Department must enter a final order incorporating the agreement of the parties. Persons whose substantial interest will be affected by such a modified final decision of the Department have a right to petition for a hearing only in accordance with the requirements for Kevin Partel May 30, 2002 Page 4 such set forth above, and must therefore file their petitions within twenty-one days of receipt of this notice. If mediation terminates without settlement of the dispute, the Department shall notify all parties in writing that the administrative hearing processes under Sections 120.569 and 120.57 remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes. You are advised that notice,` of this agency's final action on this permit has been given to other interested parties. They have'twenty-one days from receipt of the notice to exercise any rights they may have under Chapter 120; Florida Statutes. Actions undertaken by you under this permit, during this period may be subjectto modification, removal or restoration. The authorized work is strictly limited to that described on the enclosed final order. Please direct any questions pertaining to this permit to me by letter at the above address, or by telephone at 8501487-4475. Sincerely, 14L_� Srinivas M. Tammisetti, P.E. Bureau of Beaches and Wetland Resources SMT/jg Enclosures cc: Permit Information Center Tommie Carter, Field Inspector St. Lucie County Building Official Grand Isle of North Hutchinson Island, Ltd., Property Owner NOTE: THIS AUTHORIZATION IS DIFFERENT FROM THE ORIGINAL REQUEST. SEE SPECIAL PERMIT CONDITIONS. , nclEcno STATE OF FLORIDA ° DEPARTMENT OF ENVIRONMENTAL PROTECTION Bureau of Beaches and Wetland Resources �S 3900 Commonwealth Blvd. - Mail Station 300 O FLOR A Tallahas ee5 Florid 5 9-3000 PERMIT NUMBER: SL-186 PERMITTEE Grand Isle of North Hutchinson Island, Ltd. c/o Kevin Partel 4230 Myrtle Street St. Augustine, Florida 32084 ACTIVITIES PERMIT FOR CONSTRUCTIONOR O O A STATUTES TO SECTION 161 O , FINAL ORDER s seaward of the FINDINGS -OF FACT: An application for authorization to conduct description,ewas filed by the coastal construction control tine which are indicated 2002e anrd was determined to be complete applicant/permittee named herein on February , osed project is to be located landward of the 30-year pursuant to rule on April 9, 2002. The prop nstruction established by major structures in the erosion projection and the existing line of co 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 aazo t adjacent properties; thathe result in no signisuch a nature that they will ficant adverse impacts to the beach/du 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 o in accordance of cotruction which the 33.007, Florida Administrative Code; and that it is an activity type to rove designee of the Chief of the Bureau of Beaches and Wetland etla Resources37, efective June 21thority 2001P The or deny pursuant to Delegation of Authority, DEP Directive direct and cumulative impacts to the beach and dune system that will eresent by both the seaward location and shore -parallel width of the proposed constructionrepresent such impacts that are acceptable to the Department. Therefore, future ion or increase on the site seaward of the coastal construction control line shall not extendfurther seaward of,the shore -parallel coverage occupied by, the proposed structures approved pursuant ion t authis horizes Based on the foregoing considerations, the designee approves construction and/or activities at the location indicated below tCondct cordaitions wwhwith h are attached roved plans (if any) and the Standard Permit description, the approved and are by this reference incorporated herein, and any additional conditions shown below, pursuant to Subsection 161.053(5), Florida Statutes. EXPIRATION DATE: May 28, 2005 pERMITTEE: Grand Isle of North Hutchinson Island, Ltd. pERMIT NUMBER: SL-186 PAGE 2 LOCATION: Between approximately 30 feet and 360Sfeet t. Lusouth of e County. thePro artjecta ent of Environmental Protection's reference monument R-22, in 3702 North Highway A-1-A, Fort Pierce. PROJECT DESCRIPTION: Twelve -Story, Multifamily Dwelling 1. Location relative to control line: See Special Permit Condition 2.1. 2. Exterior dimensions: 91 feet in the shore -normal direction by 124 feet in the shore -parallel direction. 3. Type of foundation: 16-inch diameter augercast pile. 4. Penetration of piles: To elevation -57.93 feet (NGVD), or deeper. 5. Structural elevation (bottom of beam): +18.34 feet (NGVD), or higher. 6. Understructure area: See Special Permit Condition 2.4. South Parking Garage 1. Location relative to control line: See Special Permit Condition 2.1. 2. Exterior dimensions: 21.33 feet in the shore -parallel direction by 73.67 feet in the shore - normal direction. 3. Type of construction: Reinforced concrete. North Parking Garage 1, Location relative to control line: See Special Permit Condition 2.1. 2. Exterior dimensions: 21.33 feet in the shore -parallel direction by 73.67 feet in the shore - normal direction. 3. Type of construction: Reinforced concrete. pERMI'ITEE: Grand Isle of North Hutchinson Island, Ltd. PERMIT NUMBER: SL-186 PAGE 3 Excavation/Fill (See Special Permit Condition 6) Total volume of excavation: Approximately 20 cubic yards. Volume of net excavation: 1 None; excavated material to be placed as fill on the project site 2. Location of excavation: From 0 feet to 145 feet seaward of the control line. 3. Volume of fill to be placed: Approximately 425 cubic yards. 4. Location of fill to be placed: From feet to feet seaward of the control line. Other Structures 1. A paver block parking area as shown on the drawings is to be located a maximum of 160 feet seaward of the control line. 2, A gazebo of dimensions 10.feet shore -normal by 20 feet shore -parallel is to be located a maximum of 142 feet seaward of the control line. 3. Removal of existing piles as shown on the drawings. See Special Permit Condition 5. 4. Landscape activities as shown on approved drawings. SPECIAL PERMIT CONDITIONS: 1, No work shall be conducted under this permit until the permittee has received a written notice to proceed from the Department. 2. Prior to issuance of the notice to proceed, the permittee shall submit two copies of detailed final construction plans and specifications for all authorized structures or excavation, including all appurtenant structures and utilities. These documents shall be signed and sealed by the design engineer or architect (as appropriate)i Rule 62B33.007(5) Florida who must be registered in the State of Florida, and shall bear the certifications spec Administrative Code. These plans and specifications shall be subject to approval from the staff of the Bureau of Beaches and Wetland Resources, and shall include or reflect the following: 2.1. A site plan. showing distarices relative to control line for all the structuresr seaward of the control line and that the dwelling, north and south parking garage a maximum of 160, 82 and 154 feet, respectively. • • , •$11** pERMITTEE: Grand Isle of North Hutchinson Island, Ltd. pERMT'T NUMBER: SL-186 PAGE 4 2.2. A revised construction drawing showing the pile caps at +2.5 feet (NGVD), or lower. 2.3, A copy of the ERP Permit from the DEP District Office. 2.4. All grade level concrete slabs shall be a maximum of 4 inches thick, shall contain no metal reinforcement, shall be structurally independent of the pile foundation of the proposed condominiums, and shall be of breakaway design. The concrete shall be jointed at each pile and shall be jointed, saw -cut (1-inch minimum), or weakened in some fashion so as to breakaway into segments measuring a maximum of 25 square feet in response to overwash or undermining during a future storm event. Any slab turn down edge, or other similarly functioning curb or edge, shall measure a maximum of 12 inches. 3. Prior to issuance of the notice to proceed , a lighting oPad for rmanenteview anexteriory lighting lighting plan shall depict temporary construction Ply appropriate .for `the protection of marine turtles. The tl t e of exterior tore Earl havedepictingleethe marked symbols showing the location of each yp symbol for the light type: fixture name or stock number; number of fixtures; bulb wattage and type; type of mount; and mounting height of proposed lighting and a detailed description (manufacturer's cut sheet) of proposed lighting and a detailed description (manufacturer's cut sheets) of proposed lighting fixtures as described in the lighting plan shall be provided. 4. Prior to commencement of construction he activity vi amon authorized the contractor, this owner a preconstruction conference shall be held at t g authorized agent, and a staff representative of the Bureau of Beaches and Wetland Resources to establish an understanding among the parties as to the items specified in the special and standard conditions of the permit. The proposed locations of the structures shall be staked out for the conference. 5, All rubble and debris resulting from this construction shall be removed to a location landward of the coastal construction control line. 6. The fill material shall be obtained from a sour tlandward e � � � h g� size and colorationtrol line and n. consist of sand which is similar to that already on This fill material shall be free of construction debris, rocks, during the pgeconstter. A truction sample of the sand"shall be provided to the staff representative conference. i pERMITTEE: Grand Isle of North Hutchinson Island, Ltd. PERMIT NUMBER: SL-186 PAGE 5 7. All permanent exterior lighting shall be installed and maintained as depicted 'in the No additional permanent exterior lighting is authorized. approved lighting schematic. CAVEAT: Due to potential adverse impacts to the beach and dun�vsy�a that may result from additional extent of the permitted structures development on the property, the shore parallel and s shall not be increased, nor will any additional major structuresbe ctaltrwool con o the limits established by the peimitted construction seaward o line. Approved plans are incorporate, into this permit by reference. TallahasseeFlorida. 2002, in Done and ordered this 2' day of Attachment: Standard Permit Conditions FILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to S 120.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. Deputy Clerk Date State of Florida Department of Environmental Protection E. Olu. Sawyerr, P.E. Ad inisttor� Bureau of Beaches and Wetland Res s