HomeMy WebLinkAboutFL DEPT OF ENVIORNMENTAL PROTECTION/1.
FLORIDA DEPARTNT�NT OF
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ENVIRONMENTAL &O'IF
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BOB MARTINEZ CENTER
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2600 BLAIRSTONE ROAD, Mail Station 3522
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TALLAHASSEE, FLORIDA 32399-2400
September 2, 2014
Eugene W. and Lynda M. Newman
c/o Mark A. Powell, P.E.
Isiminger & Stubbs Engineering, Inc.
649 U.S. Highway 1, Suite 9 IL 1P
North Palm Beach, Florida 33408
Dear Mr. Powell:
,Notice to Proceed Issued
Permit Number: SL-303
Permittee Name: Eugene W. and Lynda M. Newman
RICK SCOTT
GOVERNOR
CARLOS LOPLL CAMTERA
LT. GOVERNOR
HE.RSC:HEI. T'. VINYARD JR.
SECRETARY
SCANNED
BY
, itude County
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, enclosed is the permit. However, construction may not commence
until after the permittee complies with any preconstruction; requirements described in Special
Permit Conditions 1, 2, and 5.
Please read the permit and permit conditions including both the General Permit Conditions and
any Special Permit Conditions closely before starting construction. General Permit Conditions
1(q), 1(r), and 1(s) pertain to written reports which must be submitted to the Department of
Environmental Protection at specified times. The forms for the reports: 1(q) Periodic Progress
Report (DEP Form 73-111), 1(r) Foundation Location Certification (DEP Form 73-114B), and
1(s) Final Certification (DEP Form 73-115B) are available by clicking on the following link
http://www.det).state.fl.us/beaches/forms.htmgCCCL. Each form may be submitted
electronically. The periodic reports are due in the office on a monthly basis. No progress reports
are required until such time as construction activities have started.
The permit will expire on August 28, 2017. Upon receipt of a written request signed by the
permittee or authorized agent, the Department will consider extending the permit for up to but no
more than three years. You must apply for a new permit for completion of any work not
accomplished under the original permit. Although you may apply for a new permit, there is no
'assurance that such new permit for the same construction or activities would be approved.
ivmv,dep.stateft ns
7W
Mark A. Powell, P.E.
September 2, 2014
age Two
The authorized work is strictly limited to that described on the enclosed permit. If you have any
questions pertaining to this permit, please contact me by mail at the letterhead address (add Mail
Station 3522), by telephone at (850) 245-7671, or by email at mollv.edson@dep.state.fl.us.
Sincerely,
Moue Moll
Molly Edson, Permit Manager
Coastal Construction Control Line Program
Division of Water Resource Management
IME/dw
Enclosures
cc: Permit Information Center
Jason Spanier, Field Inspector
St. Lucie County, Building Official
Eugene W. and Lynda M. Newman, Property Owners
149111 P. dep. sl ate.,/% us
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FLOR A
ERMITTEE
Eugene W. and Lynda M. Newman
c/o Mark A. Powell, P.E.
Isiminger & Stubbs Engineering, Inc.
649 U.S. Highway 1, Suite 9
,North Palm Beach, Florida 33408
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Water Resource Management
2600 Blair Stone Road - Mall Station 3622
Tallahassee, Florida 32399-2400
PERMIT NUMBER: SL-303
NOTICE TO PROCEED AND PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES
PURSUANT TO SECTION 161.053, FLORIDA STATUTES
>INGS OF FACT: An application for authorization to conduct the activities seaward of the
al construction control line that are indicated in the project description, was filed by the
cant/permittee named herein on June 10, 2014, and was determined to be complete pursuant to
on June 10, 2014. The proposed project is to be located landward of the 30-year erosion
ction. The proposed project is to be located landward of major structures permitted by the
utment in the immediate area.
CONCLUSIONS OF LAW: After considering the merits of the proposal and any written objections
from affected persons, the Department finds that upon compliance with the permit conditions, the
activities indicated in the project description of this permit are of such a nature that they will result in
no significant adverse impacts to the beach/dune areas or to adjacent properties; that the work is not
!expected to adversely impact nesting sea turtles, their hatchlings, or their habitat; and that the work
lis expendable in nature and/or is appropriately designed in accordance with Section 62B-33.005,
Florida Administrative Code. Based on the foregoing, considerations, the Department approves the
,application; authorizes construction and/or activities at the location indicated below in strict
accordance with the project description, the approved plans (if any) and the General Permit
(Conditions which are attached and are by this reference incorporated herein, and any additional
conditions shown below, pursuant to Section 161.053(4), Florida Statutes.
'EXPIRATION DATE: August 28, 2017 i� — q 5 — 11 1 N ! VD cA - 1 E) •5 (1 1 v R Vv
LOCATION: Between approximately eet 82 and 174 feet south of the Department of
Environmental Protection's reference monument -95, in Saint Lucie County. Project address: 8124
South Ocean Drive, (Lot 27 Diamond Sands Subdivision), Jensen Beach.
PROJECT DESCRIPTION:
Single -Family Dwelling
11. Location relative to control line: A maximum of 136 feet seaward.
PERMHTEE: Eugene W. and Lynda M. Newman
PERMIT NUMBER: SL-303
�AGE2
2. Exterior dimensions: 76.2 feet in the shore -normal direction by 68.3 feet in the shore -
parallel direction.
3. Type of foundation: Pile.
Elevation of understructure parking area: +7.7 feet (NAVD).
5. Elevation of seaward understructure storage area: +9.7 feet (NAVD).
Excavation/Fill
1. Total volume of excavation: Approximately 323.7 cubic yards. Volume of net excavation:
None; excavated material to be placed as fill on the project site.
2. Location of excavation: From 113.3 feet to 136 feet seaward of the control line.
3. Maximum depth of excavation: To pile tip elevation.
4. Volume of fill to be placed: Approximately 489.2 cubic yards, including 52 cubic yards on
Lot26 and 63.2 on Lot 28.
5. Location of fill to be placed: From 33 feet to 135.1 feet seaward of the control line.
Other Structures/Activities
1. A seaward attached and elevated deck is to be located a maximum of 132.2 feet seaward of
the control line.
2. Concrete equipment pads are to be located on the north and south sides of the dwelling, a
maximum of approximately 101 feet seaward of the control line.
3. A set of stairs off of the seaward deck is to be located a maximum of 136 feet seaward of the
control line.
4. A concrete driveway is to be located landward of the dwelling.
5. Landscape planting is to be located a maximum of approximately 136 feet seaward of the
control line.
6. Exterior and landscape lighting.
ERM=E: Eugene W. and Lynda M. Newman
1'ERM1T NUMBER: SL-303
PAGE 3
!SPECIAL PERMIT CONDITIONS:
i
it. 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.
Prior to commencement of construction activity authorized by this permit, a temporary
construction fence shall be erected along the seaward limit (137 feet seaward of the control
line) of the permitted activity. The fence shall remain in place until the construction
authorized by this permit is complete. The optimum siting of the construction fence shall be
determined during the preconstruction conference by the staff representative so as to provide
maximum protection to the existing frontal dune and native vegetation located on the site.
3. All rubble and debris existing on the lot or resulting from new construction shall be removed
and disposed of in a location landward of the coastal construction control line.
4. All material to be excavated seaward of the coastal construction control line as part of
construction authorized under this permit shall remain in and be placed in areas seaward of
the coastal construction control line unless otherwise authorized by the Department.
5. All 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. All
imported and in situ fill material shall be free of construction debris, rocks, or other foreign
matter. A sample of the sand shall be provided to the staff representative of the Department
during the preconstruction conference.
6. Prior to completion of construction activities authorized by this permit, the permittee shall
remove all invasive nuisance plants, such as listed in the Florida Exotic Pest Plant Council's
List of Category I and II Invasive Species and including Australian pine (Casuarina spp.),
Brazilian pepper (Schinus terebenthifolium), and Beach Napauka (Scaevola sericea), from
the dune system. The permittee shall plant a mix of a minimum of three native salt -tolerant
species to restore any disturbed natural area seaward of the authorized structures. Dune
restoration plantings shall consist of salt -tolerant species indigenous to the native plant
communities existing on or near the site or with other native species approved by the
Department. Sod composed of non-native grasses is not authorized seaward of a major
structure or decks. Plantings in other areas of the project site shall not include invasive
nuisance plant species such as listed in the Florida Exotic Pest Plant Council's List of
Category I and II Invasive Species.
PERMITTEE: Eugene W. and Lynda M. Newman
PERMIT NUMBER: SL-303
AGE 4
7. All lighting shall be shielded, installed and maintained as depicted in the approved lighting
schematic and cut sheets. Bulbs used within the fixtures should feature long wavelength
emission (greater than 580 nanometers), with a maximum 480 lumen output. No additional
exterior lighting is authorized.
Approved plans are incorporated into this permit by reference.
Done and ordered this 28th day of August 2014, in Tallahassee, Florida.
Attachment: General Permit Conditions
i
FILING AND ACKNOWLEDGEMENT State of Florida
FILED, on this date, pursuant to S120.52
Department of Environmental Protection
Florida Statutes, with the designated
Department Clerk, receipt of which is hereby
acknowledged.
Della Weave[ �—
08/28/2014
Fritz Wettstein, Environmental Consultant
Deputy Clerk Date
Coastal Construction Control Line Program
Division of Water Resource Management
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a petition
for an administrative hearing is timely filed under sections 120.569 and 120.57, Florida Statutes,
before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action
will not be final and effective until further order of the Department. Because the administrative
hearing process is designed to formulate final agency action, the hearing process may result in a
modification of the agency action or even denial of the application.
Petition for Administrative Hearine
A person whose substantial interests are affected by the Department's action may petition for an
administrative proceeding (hearing) under sections 120.569 and 120.57, Florida Statutes. Pursuant
to rule 28-106.201, Florida Administrative Code, a petition for an administrative hearing must
contain the following information:
(a) The name and address of each agency affected and each agency's file or
identification number, if known;
(b) The name, address, and telephone number of the petitioner; the name, address, and
telephone number of the petitioner's representative, if any, which shall be the address for service
purposes during the course of the proceeding; and an explanation of how the petitioner's substantial
interests are or will be affected by the agency determination;
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PERMITTEE: Eugene W. and Lynda M. Newman
PERMIT NUMBER: SL-303
PAGES
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition
,must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the
petitioner contends warrant reversal or modification of the agency's proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require
reversal or modification of the agency's proposed action, including an explanation of how the
alleged facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the
,petitioner wishes the agency to take with respect to the agency's proposed action.
'The petition must be filed (received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.
'Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time
of filing.
Time Period for Filing a Petition
In accordance with rule 62-110.106(3), Florida Administrative Code, petitions for an administrative
hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed
'by any persons other than the applicant, and other than those entitled to written notice under section
120.60(3), Florida Statutes, must be filed within 21 days of publication of the notice or within 21
days of receipt of the written notice, whichever occurs first. Under section 120.60(3), Florida
Statutes, however, any person who has asked the Department for notice of agency action may file a
,petition within 21 days of receipt of such notice, regardless of the date of publication. The failure to
file a petition within the appropriate time period shall constitute a waiver of that person's right to
request an administrative determination (hearing) under sections 120.569 and 120.57, Florida
Statutes, or to intervene in this proceeding and participate as a party to it. Any subsequent
intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding
officer upon the filing of a motion in compliance with rule 28-106.205, Florida Administrative Code.
,Extension of Time
Under rule 62-110.106(4), Florida Administrative Code, a person whose substantial interests are
affected by the Department's action may also request an extension of time to file a petition for an
administrative hearing. The Department may, for good cause shown, grant the request for an
extension of time. Requests for extension of time must be filed with the Office of General Counsel
of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-
,3000, before the applicable deadline for filing a petition for an administrative hearing. A timely
request for extension of time shall toll the running of the time period for filing a petition until the
request is acted upon.
;Mediation
Mediation is not available in this proceeding.
I
PERMITTEE: Eugene W. and Lynda M. Newman
PERMIT NUMBER: SL-303
PAGE 6
Once this decision becomes final, any party to this action has the right to seek judicial review
pursuant to section 120.68, Florida Statutes, by filing a Notice of Appeal pursuant to rules 9.110 and
9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of
General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and
by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the
appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the
date this action is filed with the Clerk of the Department.
The Agency will not publish or require the person requesting a permit to publish in a newspaper a
notice of receipt of the permit application or notice of Agency action granting or denying the permit.
'Persons receiving a permit are advised that interested parties who become aware of Agency action
,approving or denying the permit, or who observe work on the project within certain time frames
without any prior notice, may have rights to petition for an administrative hearing under Chapter
,120, F.S. For this reason, it may be in the best interest of the person proposing the activity to
publish, at its expense, a one-time "Notice of Permit Issuance" in a newspaper of general circulation
in the county where the activity is located meeting the requirements of Chapter 50, F.S. Agency staff
can provide persons with the information for such a notice upon request. Persons who are
substantially affected by the proposed action may petition for an administrative hearing within the
'time frames specified in the notice and Chapter 120, F.S.
Florida Department of Environmental Protection (DEP)
Division of Water Resource Management
Bureau of Beaches and Coastal Systems
3900 Commomvealth Boulevard, Mall Station 300
Tallahassee, Florida 32399-3000
(850)488-7708
General Permit Conditions
Rule 6213-33.0155, Florida Administrative Code
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
ispecifications 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.
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 identified and authorized member of the Department to enter upon the premises associated with
Ithe 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 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 activity
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
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, 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 control line shall be sand which is similar to that already existing on the site in both
coloration and grain size. All such fill material 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 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.
j) .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) IIf not specifically authorized elsewhere in the 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.
General Permit Conditions (June 13, 2004)
Page 1
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
terms and conditions of the permit, and return both copies to the Bureau. 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 Bureau of any change of mailing address of the permittee and any authorized agent until
,all requirements of the permit are met.
q) I For permits involving major structures or activities, the permittee shall submit to the Bureau periodic progress reports on a monthly
basis beginning at the 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 Bureau 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. At that time the foundation location form shall be submitted to and accepted by the Bureau 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 Bureau 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 forth 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 Bureau 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 Bureau 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 Bureau 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 62B-33.013, F.A.C.
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.
The permittee shall obtain any applicable licenses or permits required by Federal, state, county, or municipal law.
Thin permit does not authorize trespass onto other property.
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, Bureau of Beaches
and Coastal Systems, 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399-3000, or by telephoning (850) 488-
7708.
General Permit Conditions (Jane 13, 2004)
Page 2
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
BOB MART= CENTER
2600 BLAIRSTONE ROAD, Mail Station 3522
TALLAHASSEE, FLORIDA 32399-2400
September 2, 2014
Eugene W. and Lynda M. Newman
c/o Mark A. Powell, P.E.
Isiminger & Stubbs Engineering, Inc.
649 U.S. Highway 1, Suite 9
North Palm Beach, Florida 33408
Dear Mr. Powell:
Notice to Proceed Issued
Permit Number: SL-303
Permittee Name: Eugene W. and Lynda M. Newman
RICK SCOTT
GOVERNOR
CARLOS LOPEZ-CANTERA
LT. GOVERNOR
HERSCHEL T. VINYARD JR.
SECRETARY
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, enclosed is the permit. However, construction may not commence
until after the permittee complies with any preconstruction requirements described in Special
Permit Conditions 1, 2, and 5.
Please read the permit and permit conditions including both the General Permit Conditions and
any Special Permit Conditions closely before starting construction. General Permit Conditions
1(q), l(r), and 1(s) pertain to written reports which must be submitted to the Department of
Environmental Protection at specified times. The forms for the reports: l(q) Periodic Progress
Report (DEP Form 73-111), 1(r) Foundation Location Certification (DEP Form 73-114B), and
I(s) Final Certification (DEP Form 73-115B) are available by clicking on the following link
hnp://www.dep.state.fl.us/beaches/forms.htm#CCCL. Each form may be submitted
electronically. The periodic reports are due in the office on a monthly basis. No progress reports
are required until such time as construction activities have started.
The permit will expire on August 28, 2017. Upon receipt of a written request signed by the
permittee or authorized agent, the Department will consider extending the permit for up to but no
more than three years. You must apply for a new permit for completion of any work not
accomplished under the original permit. Although you may apply for a new permit, there is no
assurance that such new permit for the same construction or activities would be approved.
wimc dep.state ft us
Mark A. Powell, P.E.
September 2, 2014
Page Two
The authorized work is strictly limited to that described on the enclosed permit. If you have any
questions pertaining to this permit, please contact me by mail at the letterhead address (add Mail
Station 3522), by telephone at (850) 245-7671, or by email at molly.edson@den.state.fi.us.
Sincerely,
May Ukoh
Molly Edson, Permit Manager
Coastal Construction Control Line Program
Division of Water Resource Management
ME/dw
Enclosures
cc: Permit Information Center
Jason Spanier, Field Inspector
St. Lucie County, Building Official
Eugene W. and Lynda M. Newman, Property Owners
wiviv. dep.stare fl. us
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FLOR A
PERMITTEE
Eugene W. and Lynda M. Newman
c/o Mark A. Powell, P.E.
Isiminger & Stubbs Engineering, Inc.
649 U.S. Highway 1, Suite 9
North Palm Beach, Florida 33408
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Water Resource Management
260D Blair Stone Road - Mail Station 3622
Tallahassee, Florida 32399-2400
PERMIT NUMBER: SL-303
NOTICE TO PROCEED AND PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES
PURSUANT TO SECTION 161.053, FLORIDA STATUTES
FINDINGS OF FACT: An application for authorization to conduct the activities seaward of the
coastal construction control line that are indicated in the project description, was filed by the
applicam/permittee named herein on June 10, 2014, and was determined to be complete pursuant to
rule on June 10, 2014. The proposed project is to be located landward of the 30-year erosion
projection. The proposed project is to be located landward of major structures permitted by the
Department in the immediate, area.
CONCLUSIONS OF LAW: After considering the merits of the proposal and any written objections
from affected persons, the Department finds that upon compliance with the permit conditions, the
activities indicated in the project description of this permit are of such a nature that they will result in
no significant adverse impacts to the beach/dune areas or to adjacent properties; that the work is not
expected to adversely impact nesting sea turtles, their hatchlings, or their habitat; and that the work
is expendable in nature and/or is appropriately designed in accordance with Section 62B-33.005,
Florida Administrative Code. Based on the foregoing, considerations, the Department approves the
application; authorizes construction and/or activities at the location indicated below in strict
accordance with the project description, the approved plans (if any) and the General Permit
Conditions which are attached and are by this reference incorporated herein, and any additional
conditions shown below, pursuant to Section 161.053(4), Florida Statutes.
EXPIRATION DATE: August 28, 2017
LOCATION: Between approximately 82 eet and 174 feet south of
Environmental Protection's reference monument 95, in Saint Lucie County.
South Ocean Drive, (Lot 27 Diamond Sands Subdivision), Jensen Beach.
PROJECT DESCRIPTION:
Single -Family Dwelling
Location relative to control line: A maximum of 136 feet seaward.
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the Department of
Project address: 8124
PERMIT -FEE: Eugene W. and Lynda M. Newman
PERMIT NUMBER: SL-303
PAGE 2
2. Exterior dimensions: 76.2 feet in the shore -normal direction by 68.3 feet in the shore -
parallel direction.
3. Type of foundation: Pile.
4. Elevation of understructure parking area: +7.7 feet (NAVD).
5. Elevation of seaward understructure storage area: +9.7 feet (NAVD).
Excavation/Fill
1. Total volume of excavation: Approximately 323.7 cubic yards. Volume of net excavation:
None; excavated material to be placed as fill on the project site.
2. Location of excavation: From 113.3 feet to 136 feet seaward of the control line.
3. Maximum depth of excavation: To pile tip elevation.
4. Volume of fill to be placed: Approximately 489.2 cubic yards,'including 52 cubic yards on
Lot 26 and 63.2 on Lot 28.
5. Location of fill to be placed: From 33 feet to 135.1 feet seaward of the control line.
Other Structures/Activities
1. A seaward attached and elevated deck is to be located a maximum of 132.2 feet seaward of
the control line.
2. Concrete equipment pads are to be located on the north and south sides of the dwelling, a
maximum of approximately 101 feet seaward of the control line.
3. A set of stairs off of the seaward deck is to be located a maximum of 136 feet seaward of the
control line.
4. A concrete driveway is to be located landward of the dwelling.
5. Landscape planting is to be located a maximum of approximately 136 feet seaward of the
control line.
6. Exterior and landscape lighting.
PERMITTEE: Eugene W. and Lynda M. Newman
PERMIT NUMBER: SL-303
PAGE
SPECIAL PERMIT CONDITIONS:
1. Prior to commencement of construction activity authorized by this permit, a preconstruction
conference shall be held at the site among the contractor, the owner or authorized agent, and
a staff representative of the Department to establish an understanding among the parties as to
the items specified in the special and general conditions of the permit. The proposed
locations of the structures shall be staked out for the conference. Contact 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 seaward limit (137 feet seaward of the control
line) of the permitted activity. The fence shall remain in place until the construction
authorized by this permit is complete. The optimum siting of the construction fence shall be
determined during the preconstruction conference by the staff representative so as to provide
maximum protection to the existing frontal dune and native vegetation located on the site.
3. All rubble and debris existing on the lot or resulting from new construction shall be removed
and disposed of in a location landward of the coastal construction control line.
4. All material to be excavated seaward of the coastal construction control line as part of
construction authorized under this permit shall remain in and be placed in areas seaward of
the coastal construction control line unless otherwise authorized by the Department.
5. All 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. All
imported and in situ fill material shall be free of construction debris, rocks, or other foreign
matter. A sample of the sand shall be provided to the staff representative of the Department
during the preconstruction conference.
6. Prior to completion of construction activities authorized by this permit, the permittee shall
remove all invasive nuisance plants, such.as listed in the Florida Exotic Pest Plant Council's
List of Category I and II Invasive Species and including Australian pine (Casuarina spp.),
Brazilian pepper (Schinus terebenthifolium), and Beach Napauka (Scaevola sericea), from
the dune system. The permittee shall plant a mix of a minimum of three native salt -tolerant
species to restore any disturbed natural area seaward of the authorized structures. Dune
restoration plantings shall consist of salt -tolerant species indigenous to the native plant
communities existing on or near the site or with other native species approved by the
Department. Sod composed of non-native grasses is not authorized seaward of a major
structure or decks. Plantings in other areas of the project site shall not include invasive
nuisance plant species such as listed in the Florida Exotic Pest Plant Council's List of
Category I and II Invasive Species.
PERMITTEE: Eugene W. and Lynda M. Newman
PERMIT NUMBER: SL-303
PAGE 4
7. All lighting shall be shielded, installed and maintained as depicted in the approved lighting
schematic and cut sheets. Bulbs used within the fixtures should feature long wavelength
emission (greater than 580 nanometers), with a maximum 480 lumen output. No additional
exterior lighting is authorized.
Approved plans are incorporated into this permit by reference.
Done and ordered this 28th day of August 2014, in Tallahassee, Florida.
Attachment: General 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
NOTICE OF RIGHTS
Della Weaver'
State of Florida
Department of Environmental Protection
08/28/2014 Fritz Wettstein, Environmental Consultant
Date Coastal Construction Control Line Program
Division of Water Resource Management
This action is final and effective on the date filed with the Clerk of the Department unless a petition
for an administrative hearing is timely filed under sections 120.569 and 120.57, Florida Statutes,
before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action
will not be final and effective until further order of the Department. Because the administrative
hearing process is designed to formulate final agency action, the hearing process may result in a
modification of the agency action or even denial of the application.
Petition for Administrative Hearing
A person whose substantial interests are affected by the Department's action may petition for an
administrative proceeding' (hearing) under sections 120.569 and 120.57, Florida Statutes. Pursuant
to ,rule 28-106.201, Florida Administrative Code, a petition for an administrative hearing must
contain the following information:
(a) The name and address of each agency affected and each agency's file or
identification number, if known;
(b) The name, address, and telephone number of the petitioner; the name, address, and
telephone number of the petitioner's representative, if any, which shall be the address for service
purposes during the course of the proceeding; and an explanation of how the petitioner's substantial
interests are or will be affected by the agency determination;
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PERM=E: Eugene W. and Lynda M. Newman
PERMIT NUMBER: SL-303
PAGE 5
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition
must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the
petitioner contends warrant reversal or modification of the agency's proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require
reversal or modification of the agency's proposed action, including an explanation of how the
alleged facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the
petitioner wishes the agency to take with respect to the agency's proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.
Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time
of filing.
Time Period for Filing a Petition
Ih accordance with rule 62-110.106(3), Florida Administrative Code, petitions for an administrative
hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed
by any persons other than the applicant, and other than those entitled to written notice under section
120.60(3), Florida Statutes, must be filed within 21 days of publication of the notice or within 21
days of receipt of the written notice, whichever occurs first. Under section 120.60(3), Florida
Statutes, however, any person who has asked the Department for notice of agency action may file a
petition within 21 days of receipt of such notice, regardless of the date of publication. The failure to
file a petition within the appropriate time period shall constitute a waiver of that person's right to
request an administrative determination (hearing) under sections 120.569 and 120.57, Florida
Statutes, or to intervene in this proceeding and participate as a party to it. Any subsequent
intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding
officer upon the filing of a motion in compliance with rule 28-106.205, Florida Administrative Code.
Extension of Time
Under rule 62-110.106(4), Florida Administrative Code, a person whose substantial interests are
affected by the Department's action may also request an extension of time to file a petition for an
administrative hearing. The Department may, for good cause shown, grant the request for an
extension of time. Requests for extension of time must be filed with the Office of General Counsel
of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-
3000, before the applicable deadline for filing a petition for an administrative hearing. A timely
request for extension of time shall toll the running of the time period for filing a petition until the
request is acted upon.
Mediation
Mediation is not available in this proceeding.
PERMITfEE: Eugene W. and Lynda M. Newman
PERMIT NUMBER: SL-303
PAGE 6
Judicial Review
Once this decision becomes final, any party to this action has the right to seek judicial review
pursuant to section 120.68, Florida Statutes, by filing a Notice of Appeal pursuant to rules 9.110 and
9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of
General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and
by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the
appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the
date this action is filed with the Clerk of the Department.
Newspaper Publication
The Agency will not publish or require the person requesting a permit to publish in a newspaper a
notice of receipt of the permit application or notice of Agency action granting or denying the permit.
Persons receiving a permit are advised that interested parties who become aware of Agency action
approving or denying the permit, or who observe work on the project within certain time frames
without any prior notice, may have rights to petition for an administrative hearing under Chapter
120, F.S. For this reason, it may be in the best interest of the person proposing the activity to
publish, at its expense, a one-time "Notice of Permit Issuance" in a newspaper of general circulation
in the county where the activity is located meeting the requirements of Chapter 50, F.S. Agency staff
can provide persons with the information for such a notice upon request. Persons who are
substantially affected by the proposed action may petition for an administrative hearing within the
time frames specified in the notice and Chapter 120, F.S.
Florida Department of Environmental Protection (DEP)
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Division of Water Resource Management
Bureau of Beaches and Coastal Systems
3900 Commonwealth Boulevard, Mall Station 300
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Tallahassee, Florida 32399-3000
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(850)488-7708
General Permit Conditions
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Rule 62B-33.0155, Florida Administrative Code
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 fries 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.
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 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 terns 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 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 activity
authorized under the permit and from any and all claims and judgments resulting from such damage.
e) The pennittee 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
forbidden bylaw. ,
f) Constructiontraffic 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, 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 control line shall be sand which is similar to that already existing on the site in both
coloration and grain size. All such fill material 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 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.
j) 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 cordgmss, 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 the 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.
General Permit Conditions (June 13, 2004)
Page 1
n) All windows and glass doors visible from any point on the beach must be tinted to atransmittance 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
terms and conditions of the permit, and return both copies to the Bureau. The transfer request shall be provided on the form entitled
"Permit Transfer Agreement'— DEP Form 73-103 (Revised I/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 Bureau 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 Bureau periodic progress reports on a monthly
basis beginning at the 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 Bureau 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. At that time the foundation location form shall be submitted to and accepted by the Bureau 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 Bureau using the forth entitled "Foundation Location Certification" — DEP Forth 73-114B (Revised 9105), which is
hereby adopted and incorporated by reference. Phasing of foundation certifications is acceptable. The Department shall notify the
pennittee 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 Bureau 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 Bureau 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 Bureau 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.
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.
The permittee shall obtain any applicable licenses or permits required by Federal, state, county, or municipal law.
This permit does not authorize trespass onto other property.
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, Bureau of Beaches
and Coastal Systems, 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399-3000, or by telephoning (850) 488-
7708.
General Pemtit Conditions (June 13, 2004)
Page 2