HomeMy WebLinkAboutDOH PAPPERWORKDepartment of
Environmental Protection
Southeast District
Jeb Bush 400 N. Congress Avenue, Suite 200 Colleen M. Castille
Governor West FS()AkAMorida 33401 Secretary
BY
June 10, 2004 St. Lucie Coam�
ELECTRONIC CORRESPONDENCE
NOTICE OF ACCEPTANCE OF COMPLETION OF CONSTRUCTION
DISTRIBUTION SYSTEM EXTENSION
Applicant
St. Lucie County Utilities
PERMIT NUMBER: 0081062-114-DSGP
C/o Mr. Mike Bowers, Director
PERMIT ISSUED: October 22,2002
2300 Virginia Avenue
COUNTY: St. Lucie
Ft. Pierce, Florida 34982
PROJECT: Ocean Dunes Estates / W.M. Ext.
SOURCE: Fort Pierce Utility Authority (FPUA)
Email: mbowers(a-),co.st-Iucie.f1.us
PWS NO.: 4560490
Re: Acceptance of Certification of Completion
Dear Mr. Bowers:
This acknowledges receipt of certification that the subject water main extension has been constructed, tested, and
disinfected in accordance with the plans and related materials permitted by this agency, and is now ready for
operation.
Based on your engineers certification of construction completion [DEP Form 62-555.900(9)], satisfactorily
bacteriological results and the pressure & leakage test report for the above -referenced project, the Department is
hereby releasing the project for service to the extent indicated below:
X_ The system is released to the full extent of the permitted plans.
— The system is partially released, and limited to:
If you have any questions, please contact Mr. Bahman M. Zangeneh of this office at 561/681-6749.
JWF/bmz
Cc: St. Lucie County Health Department - bruce mcleod(a)doh.state.fl.us
FDEP/SED - Charles.LeGros(a)dep.stateftus
Fort Pierce Utility Authority - bthiessAl'oua.com
Scott B. McGuire, P.E. - Knight, McGuire & Associates, Inc. - civll(6knk1htmcqulre.com
- FLORIDA DEPARTMtNT OF
1ANQk9NMENTAL PROTHO
00 Commonwealth Blvd., Mail Stjobi NQQ
BY Tallahassee, Florida 32399-3
St. Lucie Countv Mt. To'
Telephone (850) 488-7708
NOTICE TO PROCEED
Permittee Name:
OD 1, LLC c/o David Huck
c/o David S. Knight
Knight, McGuire and Associates
80 Royal Palm Pointe, Suite 401
Vero Beach, Florida 32960
1*3
Permit Number: SL-289 Amend
Permit Expires: March 14, 2016
You are hereby granted final authorization to proceed with construction or activities authorized by this
notice. Authorized work must conform to the project description, approved plans, all conditions of
Chapter 62B-33, Florida Administrative Code, any preconstruction requirements, and all permit
conditions.
Project Description: Construction of a north, three-story, 6-unit multi -family dwelling, south, three-story,
9-unit multi -family dwelling, swimming pool, clubhouse, other structures/activities, excavation and
placement of fill.
Project Location: Between approximately 68 feet north and 360 feet south of the Department of
Environmental Protection!s reference monument R-14, in Saint Lucie County. Project address: State
Road AlA, approximately 3,600 feet south of Angelfish Drive, Fort Pierce.
Special Instructions: A preconstruction conference is required. The permittee shall comply with all
permit conditions.
Questions regarding t, is n stld be directed to the undersigned at the above addresi.
me
c5h
Molly Edson, PermitWnz(ger / lbate—
ME/aa
cc: Permit File
Permit Information Center
Mark Taynton, Field Inspector
OD 1, LLC, Property Owner
St. Lucie County, Building Official
Post Conspicuously on the Site
DEP Forni 73-131 (Updated 2/06)
Florida Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
May 14, 2013
OD 1, LLC c/o David Huck
c/o David S. Knight
Knight, McGuire and Associates
80 Royal Palm Pointe, Suite 401
Vero Beach, Florida 32960
Dear Mr. Knight:
Notice to Proceed Issued
Permit Number: SL-289 Amend
Permittee Name: OD 1, LLC
Rick Scott
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; the permit is enclosed. However, construction may not commence until after the permittee
complies with any preconstruction requirements described in Special Permit Condition 4 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 I (q), I (r) and I (s) pertain
to written reports which must be submitted to the Department of Environmental Protection 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 Bureau 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 on March 14, 2016. 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.
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.
wvvw dep.statefl us
David S. Knight
May 14,2013
Page Two
Petition for Administrative Hearin
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;
(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.
David S. Knight
May 14, 2013
Page Three
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.
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.
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 300), by
telephone at 850.921.7778, or by email at Molly.Edson@dep.state.fl.us.
Sincerely,
Molly Edson, Permit Manager
Coastal Construction Control Line Program
Division of Water Resource Management
ME/aa
Enclosures
cc: Permit File
Permit Information Center
Mark Taynton, Field Inspector
OD 1, LLC, Property Owner
St. Lucie County, Building Official
'k
LOR A
PERMITTEE
OD I, LLC c/o David Huck
c/o David S. Knight
Knight, McGuire and Associates
80 Royal Palm Pointe, Suite 401
Vero Beach, Florida 32960
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Water Resource Management
3900 Commonwealth Blvd. - Mail Station 300
Tallahassee, Florida 32399-3000
(850) 488-7708
PERMIT NUMBER: SL-289 Amend
AMENDED 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 was approved by the Department of Environmental Protection on March 14, 2013.
On April 10, 2013, the permittee provided additional information for consideration by the staff and requested
amendment of certain permit conditions imposed by the Department as a condition to granting the permit. The
proposed project is to be located landward of the 30-year erosion projection. There is no reasonably continuous
and uniform line of construction established by similar existing major structures in this area. On September 19,
2005, the Department authorized construction of the project under SL-207, which was amended on April 4,
2006, and which expired on September 19, 2012. The proposed project is located no farther seaward than the
major structures authorized under SL,207 and SL-207 (Amend).
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 amended 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 62B-33.005, Florida Administrative Code. The
direct and cumulative impacts to the beach and dune system that will be caused by the seaward location 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 the proposed structures approved pursuant to this permit. 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: March 14,2016
LOCATION: Between approximately 68 feet north and 360 feet south of the Department of Environmental
Protection's reference monument R-14, in Saint Lucie County. Project address: State Road AIA,
approximately 3,600 feet south of Angelfish Drive, Fort Pierce.
PROJECT DESCRIPTION:
North, Three -Story, 6-Unit Multifamily Dwelling
Location relative to control line: Approximately 123 feet seaward, including 6-foot cantilevered
covered balconies.
PERMITTEE: OD 1, LLC
PERMIT NUMBER: SL-289
PAGE 2
2. Exterior dimensions: 52 feet in the shore -normal direction by 116 feet in the shore -parallel direction.
3. Type of foundation: Piles.
4. Understructure parking elevation: Varies; +9.9 to +9.7 feet (NAVD).
South, Three -Story, 9-Unit Multifamily Dwelling
1 . Location relative to control line: A maximum of 136.8 feet seaward, including 6-foot cantilevered
covered balconies.
2. Exterior dimensions: 48 feet in the shore -normal direction by 150 feet in the shore -parallel direction.
3. Type of foundation: Piles.
4. Understructure parking elevation: Varies; +9.9 to +9.7 feet (NAVD).
Swimming Pool
I . Location relative to control line: A maximum of 117.9 feet seaward, with a sandset brick paver pool
deck extending a maximum of 122.9 feet seaward.
2. Exterior dimensions: 32.2 feet in the shore -normal direction by 19 feet in the shore -parallel direction.
3. Type of foundation: Pile.
4. Deck elevation of swimming pool: + 16.4 feet (NAVD).
5. Bottom elevation of swimming pool: + 11.1 feet (NAVD).
6. Height of pool deck above existing grade: 4 feet.
7. Total volume of excavation: 56 cubic yards.
Clubhouse
I . Location relative to control line: Approximately 76 feet seaward.
2. Exterior dimensions: A maximum of approximately 38 feet in the shore -parallel direction by 18.5 feet
in the shore -normal direction.
3. Type of foundation: Pile.
Excavation/Fill
I Total volume of excavation: Approximately 2,464 cubic yards. Volume of net excavation: None;
excavated material to be placed as fill on the project site.
2. Location of excavation: From the control line to 142 feet seaward of the control line.
PERMITTEE: OD 1, LLC
PERMIT NUMBER: SL-289
PAGE 3
3. Volume of fill to be placed: Approximately 2-,66-3 2,464 cubic yards, ineluding 199 eubie yards of
impeFted sand.
4. Location of fill to be placed: From the control line to 4M 154 feet seaward of the control line.
Other Structures/Activities
A five-foot wide dune walkover, a landward deck and stairs are to be located in the center of the
project.
2. Temporary construction fences are to be located a maximum of 158 feet seaward of the control line.
3. A spa pool of dimensions I I feet shore -normal by I I feet shore -parallel is to be located towards the
landward end of the swimming pool a maximum of 95 feet seaward of the control line.
4. A 12-foot wide gazebo attached to the beach/dune walkway structure is to be located a maximum of
151 feet seaward of the control line.
5. Thirteen retaining walls are to be located in the vicinity of and no farther seaward than the buildings.
6. A storm water management system, including exfiltration trenches and north and south detention
areas, is to be located a maximum of approximately 142 feet seaward of the control line.
7. Five-foot high landscape walls are to be located landward of the clubhouse and along the west property
line.
8. Seven sets of balcony stairs are to be located on the seaward side of the buildings.
9. A paver driveway and concrete walkways are to be located adjacent to and landward of the buildings.
10. Landscape plantings are to be located a maximum of approximately 158 feet seaward of the control
line.
11. Electrical and underground utilities in the vicinity of and landward of the buildings.
12. Exterior and landscape lighting.
SPECIAL PERMIT CONDITIONS:
IN-F# * ~1' NO I 1011 ........ 04"W'M
PERMITTEE: OD 1, LLC
PERMIT NUMBER: SL-289
PAGE 4
2.2. Fill material shall be plaaed no faFther seaward than the appreved lifnits of eenstruetiow,
lgndyfflrd sf the e)Eisting ehain link fenee and sea of appreximfftely 159
4. 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 Mark Tayton at (850) 488-7708 to schedule a
conference.
5. 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 preconstruction conference by the staff representative of the
Department so as to provide maximum protection to the existing vegetation located on the site.
6. All rubble and debris resulting from this construction shall be removed to a location landward of the
coastal construction control line.
7. No operation, trunsportation or storage of equipment or materials is authorized on or seaward of the
frontal dune during the March I through October 31 marine turtle nesting season.
8. 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. All 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.
9. The deck of the walkover structure shall maintain an elevation above the existing dune vegetation, and
the width of the structure shall not exceed 6 feet. The piles for the walkover structure shall not be
greater than 6-inch by 6-inch posts and shall not be encased in concrete. The walkover shall extend at
least up to the existing line of vegetation but not farther than 10 feet seaward of the vegetation. The
optimum siting of the walkover structure shall be determined by the staff representative of the
Department during the preconstruction conference to provide maximum protection to the existing dune
topography and vegetation located on the site and to avoid interference with public beach access and
nesting sea turtles.
PERMITTEE: OD I, LLC
PERMIT NUMBER: SL-289
PAGE 5
10. Landscape activities shall be conducted and maintained as described in the Department approved
landscape plan. 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. The
overall height of palms and specimen trees planted seaward of a major structure shall not exceed 14
feet overall height (measured from the ground to the growing tip of the unopened bud). The permittee
shall maintain bracing or guying systems for palms and other large trees planted seaward of a major
structure for a minimum of two growing seasons. Bracing or guying systems shall include deadmen or
anchors designed and installed below root ball depth.
11. Prior to completion of construction activities authorized by this permit:
11.1. The permittee shall remove all invasive nuisance plant species from seaward of the control
line, including but not limited to Australian pine, Casuarina spp., Brazilian pepper, Schinus
terebinthifolius, beach naupaka, Scaevola taccada, and others on the Florida Exotic Pest Plant
Advisory Council List of Category I and 11 Invasive Species.
11.2. The permittee shall plant or transplant a mix of a minimum of three native salt -tolerant species
to all 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. The permittee is to fertilize, and water -in the planting units at the time of
installation and irrigate and fertilize only as necessary until the plants are established and meet
the following survival criteria.
11.3. Within 180 days, a minimum 90 percent overall survival rate of the planting units will be
established and 70 percent of the planted area covered with the selected species. The permit
holder is to replant all deficient areas, maintain the plantings until the above success criterion
are met and maintain the project area free of invasive exotic plants.
12. All permanent exterior lighting shall be installed and maintained as depicted on approved lighting
schematic and cut sheets stamped "FISH AND WILDLIFE CONSERVATION COMMISSION — This
lighting plan meets recommendations to minimize impacts to marine turtles" signed and dated March
11, 2013. These lights include only the lights listed on the attached Exterior Lighting Plan for The
Protection of Sea Turtles table. This approved lighting plan supersedes all previously approved
lighting plans.
13. There may be a decrease in the wattage of each approved lamp and a decrease in the total number of
each approved fixture without submitting a modified lighting plan for review and approval. However,
if a fixture or lamp is changed to a different type, manufacturer or catalog number for any reason, or if
the location of any fixture is changed it shall be submitted for review and approval by the Department
prior to installation.
13. A meeting shall be held prior to any and all electrical work preparatory to installation of exterior lights,
including pool and garage lighting. This meeting shall include the contractor or agent overseeing the
construction, the electrician responsible for installation of exterior lights, FWC, and DEP staff. At
least ten (10) business days advance notice shall be provided prior to the meeting, and provisions shall
be made for the meeting to be conducted by phone or electronically. The meeting will provide an
opportunity for explanation and or clarification of the approved lighting plan as well as discussion of
additional guidelines for protection of marine turtles and other wildlife during construction. A copy of
PERMITTEE: OD 1, LLC
PERMIT NUMBER: SL-289
PAGE 6
the lighting plan recommended for approval by FWC shall be made available on site for the meeting
and shall remain on site for consultation during project construction. Requests to modify the permitted
lighting plan must be made prior to installation of any exterior lights.
CAVEAT:
Due to potential adverse impacts to the beach and dune system that may result from additional development on
the property, the 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.
This amended permit, with the referenced attachments, comprises the entire permit, and supersedes the permit
as previously issued.
Done and ordered this day of 2013, 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. -
AL 4��4
Deputy Clerk ate
State of Florida
Department of �Aionmental Protection
Ton�P.K4cNeal, P.E., Adffiinistr�r
Coastal Construction Control Line Prograrr
Division of Water Resource Management