HomeMy WebLinkAboutFL DEPT OF EPFLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
BOB MARTINEZ CENTER
2600 BLAIR STONE ROAD
TALLAHASSEE, FLORIDA32399-2400
April 17, 2015
RICK SCOTT
GOVERNOR
CARLOS LOPEZ-CANTERA
LT. GOVERNOR
JONATHAN P. STEVERSON
SECRETARY
Empress Condominium Association, Inc.
c/o Howard DeCosta, Manager SCANNED
9600 South Ocean Boulevard BY
Jensen Beach, Florida 34957 St. Lucie County
empresscondo@bellsouth.net
Re: VSL 15-01
VSL 15-01 P
Dear Mr. DeCosta:
On March 17, 2015, a staff inspection of the Empress Condominium located at
Department of Environmental Protection reference monument R-105, to approximately
480 feet south of Department reference monument R-105, further described as 9600 South
Ocean Boulevard, Jensen Beach, in St. Lucie County, Florida, revealed the unauthorized
reconstruction of a wooden dune walkover structure seaward of the Coastal Construction
Control Line ("CCCL") without benefit of a permit from the Department of
Environmental Protection. By letter dated April 1, 2015, the Department issued a
Compliance Assistance Offer letter to you for the apparent unauthorized activities.
Upon submittal of additional information from you on April 3, 2015, the Department has
issued the enclosed permit, number VSL 15-01 P, on April 17, 2015. The permit authorizes
the after -the -fact reconstruction of a 4-foot wide shore -normal wooden dune walkover
---structure,,-a-maximum-of-approximately 260-feet seaward-o€the-CCCL.
activities seaward of the CCCL on the subject property are authorized by this permit.
Since the required Department permit has been issued, the file on this matter will be
closed.
1vww.dep.s1ateft us
Howard DeCosta
Empress Condominium Association, Inc.
April 17, 2015
Page 2
Empress Condominium Association, Inc., is reminded to take sufficient measures to
ensure that any future construction, excavation, and/or destruction of vegetation, not
specifically authorized by a permit from the Department of Environmental Protection, be
restricted to the area upland of the CCCL.
If you have any questions regarding the enclosed permit, please contact me at the
letterhead address, referencing snail station 3566, by telephone at 850/245-7599, or by e-
mail at james.martinello®dep.state.fl.us
Sincerely,
1 1
r
Jim Martinello, Environmental Administrator
Beaches Field Services Program
Division of Water Resource Management
:jm
Enclosures
cc: Molly Edson, DWRM
Jason Andreotta, SE District
Jason Sparer, SE District
-- Larry_Teich,-DWRM_ — _ __
St. Lucie CountyBuilding Department
www.dep.sta(e.Jlus FILE COPY
��NVA61F(110d
x
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Water Resource Management
2600 Blair Stone Road - Mail Station 3566
Tallahassee, Florida 323993000
(850) 245-7599
PERMIT NUMBER: VSL 15-01 P
FINAL ORDER/PERMiT ISSUED PURSUANT TO
SECTION 161.053, FLORIDA STATUTES
FINDINGS OF FACT: On March 17, 2015, a staff inspection of property located approximately at
Department of Environmental Protection ("Department") reference monument R-105 to
approximately 480 feet south of Department reference monument R-105, further described as 9600
South Ocean Drive, Jensen Beach, in St. Lucie County, Florida, revealed the unauthorized re-
construction of a wooden dune walkover structure seaward of the Coastal Construction Control Line
("CCCL") without benefit of a permit from the Department. The unauthorized activity was conducted
on the subject property by Empress Condominium Association, Inc. Based upon the Department's
review of the activities in question, the after -the -fact activities will not have an adverse impact on the
beach/dune system, proposed or existing structures, adjacent properties, or public beach access.
CONCLUSIONS OF LAW: Empress Condominium Association, Inc., initiated the unauthorized
re -construction of wooden dune walkover structure seaward of the CCCL without benefit of a permit
from the Department, in violation of Section 161.053, Florida Statutes (F.S.), and Chapter 62B-33,
Florida Administrative Code (F.A.C.). Pursuant to Section 161.054, F.S., any person or agent of any
person refusing to comply with or willfully violating any of the provisions of Section 161.053, F.S.,
or any rule or order prescribed by the Department thereunder, shall incur a fine for each offense in
any amount up to $10,000 to be fixed, imposed and collected by the Department. Each day during
any portion of which such violation occurs constitutes a separate offense. Pursuant to Rule 62B-
54.002, F.A.C., violations that are willfully conducted and that do not have a potential for adverse
impact may be assessed damages up to $1,000. Assessments are based upon precedent, the nature of
the violation, potential for adverse impact, prior knowledge of the existence of the CCCL and the
intent of the violator. Empress Condominium Association, Inc., knew or should have known that a
Department permit was required to perform activities seaward of the CCCL. Pursuant to DEP
Directive 135 dated September 28, 2001, and the Division of Water Resource Management
Delegations Memorandum dated February 12, 2013, the Program Administrator of the Beach Field
Services Program has the authority to execute this Final Order and to fix, impose, and collect damages
in an amount not to_exceed _$750. The completed activities are found to be in compliance with the
requirements of Rule 62B-33.005, F.A.C. The minor non-compliance that occurred and the
__ cooperation shown by -Empress Condominium -Association, In�;=in=this-instance does.not-warrant.the—
imposition -of an-administra rv—t e-penaIfy—ii this-case.--A—pproval=is-grante-d-iit accordance-with=the- - - - -
project description, the approved plans (if any), and the Special and General Permit Conditions which
are attached and are by this reference incorporated herein, and any additional conditions shown below,
pursuant to Paragraph 161.053(4)(f), F.S.
PROJECT LOCATION: Department reference monument R-105 to approximately 480 feet south
of Department reference monument R-105; 9600 South Ocean Drive, Jensen Beach, in St. Lucie
County.
PROJECT DESCRIPTION: Reconstruction of a 4-foot wide shore -normal wooden dune walkover
structure, a maximum of approximately 260 feet seaward of the CCCL.
FILE COPY
PERMITTEE: Empress Condominium Association, Inc.
PERMIT NUMBER: VSL 15-01 P
PAGE
SPECIAL PERMIT CONDITIONS: This permit is valid only after all applicable federal, state or
local permits are obtained and does not authorize contravention of local setback requirements or
zoning or building codes. Other special conditions of this permit include: 1) No exterior lighting is
authorized on the reconstructed wooden dune walkover structure; 2) No other activities other
than that specifically authorized by this permit are authorized.
EXPIRATION DATE: All activities described in the Project Description have been completed.
Approved plans attached: Yes (X) No ( )
General Permit Conditions provided to the applicant: Yes(X) No ( )
BASED UPON THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW,
THE DEPARTMENT HEREBY APPROVES THE AFTER -THE -FACT CONSTRUCTION
OF THE 4-FOOT WIDE SHORE -NORMAL WOODEN DUNE WALKOVER STRUCTURE
A MAXIMUM OF APPROXIMATELY 260 FEET SEAWARD OF THE CCCL.
NOTICE OF RIGHTS 011 AFFECTED PARTIES
All persons whose substantial interests are affected by this Final Order have a right, pursuant to
Sections 120.569 and 120.57, Florida Statutes, to petition for an administrative hearing on it. The
Petition must contain the information set forth below and must be filed (received) at the Department's
Office of General Counsel, 3900 Commonwealth Boulevard, MS-35, Tallahassee, Florida 32399-
3000, within 21 days of receipt of this notice. A copy of the Petition must also be mailed at the time
of filing to the Division of Water Resource Management named above at the address
indicated. Failure to file a petition within the 21 days constitutes a waiver of any right such person
has to an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes.
The Petition must contain the following information:
- The -name, -address; and -telephone -number -of -each -petitioner; -the -Department's file -number. and -the -
county in which the subject matter or activity is located; (b) A statement of how and when each
--- -- neti}inner renriv`arI nntirr nF thP-Fina1`(lr'ria�• fr•1'A etatemant nflinaz� aarh natitinnrr�c ciil�etant�al�- - -'
if any; (e) A statement of facts which petitioner contends warrant reversal or modification of the Final
Order; (f) A statement of which rules or statutes petitioner contends require reversal or modification
of the Final Order including an explanation of how the alleged facts relate to the specific rules or
statutes; and (g) A statement of the relief sought by petitioner, stating precisely the action petitioner
wants the Department to take with respect to the Final Order.
If a Petition is filed, the administrative hearing process is designed to formulate agency
action. Accordingly, the Department's final action may be different from the position taken by it in
this Final Order. Persons whose substantial interests will be affected by any decision of the
RE COPY
PERMITTEE: Empress Condominium Association, Inc.
PERMIT NUMBER: VSL 15-01 P
PAGE 3
Department with regard to the subject Final Order have the right to petition to become a party to the
proceeding.
The petition must conform to the requirements specified above and be filed (received) within 21 days
of receipt of this notice in the Office of General Counsel at the above address of the
Department. Failure to petition within the allowed time frame constitutes a waiver of any right such
person has to request a hearing under Sections 120.569 and 120.57, F.S., and to participate as a party
to this proceeding. Any subsequent intervention will only be at the approval of the presiding officer
upon motion in compliance with Rule 28-106.205, F.A.C.
Mediation in not available in this proceeding.
Any party to the Final Order has the right to seek judicial review of this Final Order, pursuant to
Section 120.68, Florida Statutes and Rules 9.030(b)(1)(c) and 9.110, Florida Rules of Appellate
Procedure. To initiate an appeal, a Notice of Appeal must be filed with the Department of
Environmental Protection, Office of General Counsel, and with the appropriate District Court of
Appeal within thirty (30) days of the date this Final Order. The Notice filed with the District Court
must be accompanied by the filing fee specified in Section 35.22(3), F.S.
Done and ordered this 16th day of April 2015, in Tallahassee, Florida.
FILING AND ACKNOWLEDGEMENT State of Florida
FILED, on this date, pursuant to § 120.52 Department of Environmental Protection
Florida Statutes, with the designated
Department Clerk, receipt of which
is hereby acknowledged.
'06XA44U 04/17/2015
Deputy Clerk Date
Gene Chalecki, P.E., Program Administrator
Division of Water Resource Management
APPROVED PI ANAS PEWMITCED
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Department of Environmental Protection
Division of Water Resource Management
Coastal Construction Control Line Permitting
FIELD PERMIT CONDITIONS
The following conditions shall apply to FIELD PERMITS (unless waived by DEP or modified by special permit
condition). In the event of a conflict between a field permit condition and a special permit condition, the special
condition shall prevail.
I) 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 DEP as part of the permit. Any deviation there from shall
be grounds for suspension of the work and revocation of the permit pursuant to Section 120.60(7), F.S., and
may result in assessment of civil fines or issuance of an order to alter or remove the unauthorized structure, or
both. No other construction or activities shall be conducted. No modifications to project size, location, or
structural design are authorized. A copy of the permit shall be conspicuously displayed at the project site.
2) 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 and their nests and habitats, or
adjacent property and structures.
3) The permittee shall allow any duly authorized member of the staff to enter upon the premises associated with
the project authorized by the permit for the purpose of ascertaining compliance with the terms of the permit
and with the rules of DEP, until all construction or activities authorized or required in the permit have been
completed and the project accepted by DEP.
4) The permittee shall hold and save the State of Florida, DEP, 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.
5) The penmittee shall allow DEP to use all submitted records, notes, monitoring data, and other information
relating to construction or any activity under the permit for any purpose it may deem necessary or convenient,
except where such use is otherwise specifically forbidden by law.
6) Construction traffic shall not operate and building materials shall not be stored on vegetated areas seaward of
the control line, unless specifically authorized by the permit. If (in the opinion of DEP stag this requirement
is not being met, positive control measures shall be provided by the permittee at the direction of DEP staff.
Such measures may include temporary fencing, designated access roads, adjustment of construction sequence,
or other requirements.
7) 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.
8) The fill material shall be obtained from a source landward of the control line and shall consist of sand which
is similar to that already on the site in both grain size and coloration. This fill material shall be free of
construction debris, rocks, or other foreign matter. A sample of the sand shall be provided to the staff
representative of the Bureau of Beaches and Coastal Systems during the preconstruction conference.
9) If surplus sand fill results from any approved excavation seaward of the CCCL, such material shall be
- - - --distributed-seaward of the CCC-L-on-the-site,-as directed-by-DEP staff (unless otherwise specifically —
authorized by the permit).
_I AN _.1 ♦ ♦_ r _ _L_ftt--
stabilization. Unless otherwise specifically authorized by the staff, 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 (i.e., sea oats, sea grape, saw palmetto, panic grass, salt
meadow hay cord grass, seashore salt grass, and railroad vine).
11) All topographic restoration and revegetation work is subject to approval and acceptance by DEP staff.
12) If not specifically authorized elsewhere in this 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 marine turtle nesting occurs during the
period of March I through October 31).
13) If not specifically authorized elsewhere in this 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.
14) This permit has been issued to a specified property owner and is not valid for any other person.
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