The URL can be used to link to this page

Home My WebLink AboutFL DEPT OF E.P.M April 26, 2016 Florida Department of Rick Environmental Protection Carlos Lopez-Cantera Bob Martinez Center Lt. Governor 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Jonathan P. Steverson Secretary RECEIVED SCANNED SEP 13 2017 BY St. Lucie County PERMITTING St. Lucie County, FL Ocean Towers Condominium Association c/o William F. McCain, P.E., LEED AP W. F. McCain & Associates, Inc. 1171 19" Street Vero Beach, Florida 32960 Dear Mr. McCain: Exemption Notice Property Owner Name: Ocean Towers Condominium Association Project Address: 9400 South Ocean Drive, Jensen Beach. Location of Subject Property: Between approximately 661 feet north and 88 feet south of DEP's reference monument R-104, in Saint Lucie County. This is in response to your letter received by the Department on April 17, 2016 requesting a determination that your proposed project for construction of 14 foot by 24 foot building addition on the west side of the existing clubhouse along with some modification to the existing water main system at the above location is exempt from coastal construction control line (CCCL) permitting. The following information was submitted to the Department in support of this request: site plan, drawings and aerial. According to the documents prepared by W. F. McCain & Associates, Inc. and dated February 2016, the proposed work is to consist of the construction of 14 foot by 24 foot building addition on the west side of the existing clubhouse along with some modification to the existing water main system. Based upon my review of these documents, the proposed work is not expected to cause a measurable interference with the natural functioning of the coastal system. Therefore, the Department has determined that the proposed work satisfies the exemption requirements of Section 161.053(11)(b), Florida Statutes, and no CCCL permit is required. Additional exterior lighting is not incorporated into this exemption. It is the responsibility of the applicant to ensure any local permits for lighting have been obtained. 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. No other activities are authorized under this exemption. This determination does not convey or create any property right, or any interest in real property. This determination does not authorize any trespass, entrance upon, or activities on property which is not ivivmdep.state fats 00. Ocean Towers April 26, 2016 Page Two owned or controlled by you, or convey any rights or privileges other than those specified in this determination and applicable rules and statutes. 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 ofthe 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; (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 ivwiv. dep.state Jl. us Ocean Towers April 26, 2016 Page Three 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. 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. This determination does not relieve you from your responsibility to comply with the permitting requirements of any other local, state, or federal regulatory agency which has jurisdiction over the proposed activity. The exempted work is strictly limited to that described above. If you have any questions, concerns, or need additional information, please contact me by mail at the letterhead address (add Mail Station 3522), or by telephone at (850) 245-7671, or by e-mail at Moltv.Edson(@,deD. state.fl.us. Sincerely, Molly Edson, Permit Manager Coastal Construction Control Line, Division of Water Resource Management cc: Jason Spanier, Field Inspector inviv.dep. state,n.its Florida Department of Environmental Protection Southeast District Office 3301 Gun Club Road, MSC 7210-1 West Palm Beach, Florida 33406 561-681-6600 August 4, 2016 Rick Scott Governor Carlos Lopez-Cantera Lt. Governor R�!�/� .jp�h C ®Steve tary Lr Secrets SEP 13 2017 PERMITTING St. Lucie County, FL NOTIFICATION OF ACCEPTANCE OF USE OF A GENERAL PERMIT Permittee: Mr. Roy Williams, President Ocean Towers Utilities Corp. P.O. Box 6002 Jensen Beach, FL 34957 - 0001 Sent by Email: roy748rov@aol.com Dear Mr. Williams: Permit Number: 0081062-377-DSGP Issue Date: August 4, 2016 Expiration Date: August 3, 2021 County: St. Lucie Project Name: Ocean Towers WM Ext. Water Supplier: Fort Pierce Utility Authority PWS ID: 4560490 On July 19, 2016, the Florida Department of Environmental Protection (Department) received a "Notice of Intent to Use the General Permit for Construction of Water Main Extensions for PWSs" [DEP Form No. 62-555.900(7)1, under the provisions of Rule 62-4.530 and Chapter 62- 555, Florida Administrative Code (F.A.C.). The proposed project includes: • 266 t linear feet (If) of 6-inch high density polyethylene (HDPE) water main (WM). • 75f If of 6-inch ductile iron pipe WM. • 85 f if of 4-inch polyvinyl chloride (PVC) WM. • Three (3) 6-inch wet tap and valve assemblies. • Three (3) 6-inch gate valve assemblies. • Two (2) 6-inch inserta valve assemblies. • Two (2) 4-inch wet tap assemblies. • Two (2) 4-inch inserta valve assemblies. • Four (4) sampling points. • All associated valves, fittings, and appurtenances The proposed project is located at: 9400 S. Ocean Drive, Jensen Beach, Florida 34957. Based upon the submitted Notice and accompanying documentation, this correspondence is being sent to advise that the Department does not object to the use of such General Permit at this www.dep.state.fl.us Mr. Roy Williams Ocean Towers Utilities Corp. Page 2 of 3 DEP Permit # 0081062-377-DSGP time. Please be advised that the permittee is required to abide by Rule 62-555.405, F.A.C., all applicable rules in Chapters 62-4 62-550, 62-555, F.A.C., and the General Conditions for All General Drinking Water Permits (found in 62-4.540. F.A.C.). The permittee shall comply with all sampling requirements specific to this project. These requirements are attached for review and implementation. Pursuant to Rule 62-555.345, F.A.C., the permittee shall submit a certification of construction completion [DEP Form No. 62-555.900(9)] to the Department and obtain approval, or clearance, from the Department before placing any water main extension constructed under this general permit into operation for any purpose other than disinfection or testing for leaks. Within 30 days after the sale or legal transfer of ownership of the permitted project that has not been cleared for service in total by the Department, both the permittee and the proposed permittee shall sign and submit an application for transfer of the permit using Form 62- 555.900(8). F.A.C., with the appropriate fee. The permitted construction is not authorized past the 30-day period unless the permit has been transferred. When any existing asbestos cement (AC) pipes are replaced under this permit, the permittee shall do so in accordance with the applicable rules of the Federal Asbestos Regulation and Florida DEP requirements. For specific requirements applicable to AC pipes, the permittee should contact the Air and Waste Management Section Managers prior to commencing any such activities at (561) 681- 6672. Please be aware that a notification is required to be submitted to the Department for a regulated project. This permit will expire five years from the date of issuance. If the project has been started and not completed by that time, a new permit must be obtained before the expiration date in order to continue work on the project, per Rule 62-4.030, F.A.C. Sincerely, L.u* August 4, 2016 Edwards!ll�i""�+++��"��`��—� Date Environmental Administrator Southeast District jke/bmz cc: St. Lucie County Health Department — david koemerOflhealth.gov FDEP/SED Michele.Owens n den state fl us• Jocelvn.Labbe@dep.state.fl.us• Bahman.Zangenehdep state fl us Valerie Schulte, RE - FPUA — vschulte n fpua com William F. McCain, P.E., LEED AP — W.F. McCain & Associates, Inc. — admin@wfmccain.com Mr. Roy Williams Ocean Towers Utilities Corp. Page 3 of 3 DEP Permit # 0081062-377-DSGP A Civil Penalty May Be Incurred if this proiect is placed into operation before obtaining a clearance from this office. Requirements for clearance upon completion of projects are as follows: 1) Clearance Form Submission of a fully completed Department of Environmental Protection (DEP) Form 62- 555.900(9) Certification of Construction Completion and Request for Clearance to Place Permitted PWS Components into Operation. 2) Record Drawings, if deviations were made Submission of the portion of record drawings showing deviations from the DEP construction permit, including preliminary design report or drawings and specifications, if there are any deviations from said permit (Note that it is necessary to submit a copy of only the portion of record drawings showing deviations and not a complete set of record drawings.). 3) Bacteriological Results Copies of satisfactory bacteriological analysis (a.k.a. Main Clearance), taken within sixty (60) days of completion of construction, from locations within the distribution system or water main extension to be cleared, in accordance with Rules 62-555.315(6). 62-555.340, and 62-555.330, F.A.C. and American Water Works Association (AWWA) Standard C 651-92, as follows: Connection to an existing system The end point of the proposed addition Any water lines branching off a main extension Every 1,200 feet on straight runs of pipe No hose or fire hydrant shall be used in the collection of samples. Each location shall be sampled on two consecutive days, with sample points and chlorine residual readings clearly indicated on the report. A sketch or description of all bacteriological sampling locations must also be provided. For further clarification contact: Bahman M. Zangeneh, ENG IV Water Facilities Section SED/DEP 3301 Gun Club Rd, MSC 7210-1 West Palm Beach, FL 33406 Tel: 561-681-6749 Bahman.Zangeneh(a,dep.state.fl.us