Loading...
HomeMy WebLinkAboutSUBMITTED PAPERSs OFFICE USE ONLY- �r DATE FILED: 16 PLAN REVIEW FEE: RECEIPT NO.: PERMIT NUMBER CONCURRENCY FEE.. RECEIPT NO.: CERT. CAP. NO.: /6/.2 -009 / ALL INFO MUST BE COMPLETE & FILLED IN TO BE ACCEPTED F C PLANNING & DEVELOPMENT SERVICES DEPARTMENT COUNTY BUILDING & CODE REGULATIONS DIVISION IF • SCANNED 2300 Virginia Avenue b By Ft. Pierce, FL 34982-5652 `\ St. Lucie County 772462-1553 APPLICATION for BUILDING PERMIT CERTIFICATE of CAPACITY/ZONING COMPLIANCE QQ PROJECT INFORMATION e� 1. LOCATION/SITE ADDRESS:�d�� �Ir, '� I'eyyaja -- _ 2. PROJECT NAME: & &A5ehn SITE PLAN NAME: �0rCLL C0L% coil 3. PROPERTY TAX ID #: 4. L GAL DESCRIPTION (attach extra sheets if necessary): CQya 5. PLAT BOOK 6. PAGE NO. 7. BLOCK NO. 8. LOT NO. 9. PARCEL SIZE (ACRES/SQ FT.): D(i C LOT DIMENSIONS: 10. COMPLETE DESCRIPTION OF CONSTRUCTION PROJECT OR WORK ACTIVITY,: C C& Y . 11. SETBACKS (ACTUAL) FRONT.W MA- BACK: RIGHT SIDE: Q -�ar LEFT SIDE: &I JA 12. TYPE OF CONSTRUCTION (Check all appropriate boxes) [T�4EW CONSTRUCTION [ ] EXPANSION/ADDITION [ ] INTERIOR RENOVATION [RE RESIDENTIAL [ ] COMMERCIAL [ ] INDUSTRIAL [ ] OTHER (SPECIFY) 13. DESCRIPTION OF PROPOSED USE:�{ptti,�,\ 14. SQ. FT OF CONSTRUCTION: 15. SF. FT 1st FLOOR: 16. VALUE OF CONSTRUCTION: $ l The value of construction is used to determine the amount of permit fees to be assessed. St. Lucie County reserves the right to question and/or modify the indicated value of construction if it is demonstrated that the submitted figures are not consistent with similar types of construction activities. If the value is $2500 or more, a RECORDED Notice of Commencement must be submitted with this application. SLCCDV Form No.: 001-02 UPDATED 6/25/09 OWNER J INFORMATIONS 1 NAME: arA-QS I ��-' �bo l`Jd-'\. ADDRESS: I y (qSZo ✓ b CITY: N,-�AkA� // AlSTATE: ZIP: PHONE (DAYTIME): (��) l¢�✓2�� Email: IF THE FEE SIMPLE TITLEHOLDER (PROPERTY OWNER) IS DIFFERENT FROM THE OWNER LISTED ABOVE, PLEASE FILL IN NAME AND ADDRESS BELOW. FEE SIMPLE TITLEHOLDER - ADDRESS: CITY: STATE: ZIP: PHONE (DAYTIME): L_) CONTRACTOR INFORMATION ST. of FL REG.CERT #- BUSINESS NAME: dl�Y QUALIFIERS NAME: �, � ADDRESS ' Ac CITY: �C) v ► UAC.' PHONE (DAYTIME): l ARCHIT/ENGINEER ADDRESB: j ` �4 CITY: TOVT LAJ L" PHONE (DAYTIME): t ") I BONDING COMPANY: ADDRESS: CITY: MORTGAGE LENDER - ADDRESS: CITY: Al/0— ST. LUCIE COUNTY CERT #: A Q- l r7 STATE: Vmowos FAX NO. -719- 4toy "1q-lamail: NKIVIS STATE: STATE: (L ZIP: dq-ggLp �w�rn-e.�l.:U,v��cS GZOI ZIP: rAto ZIP: ]IMPORTANT NOTICE: When a permit is issued and it is not picked up within 60 days after notification it will be voided and returned to you by mail. OFFICE USE ONLY BP #: SECTION O� r1 15 TOWNSHIP _5LA —1 RANGE � 0 MAP NO. � �� ZONING LAND USE LOT CVG % TAZ NO. FLOOD ZONE FIRM MAP # I ST FLR ELV MAX HGT CONST TYPE OCCUP TYPE MAX OCCUP # OF FLRS WATER SEWER SPRINKLERS STORMWATER LOT OF REC Before 1/1990 LOT OF REC After 1/1990 LOT SPLIT REQUIRED LOT SPLIT APPROVED REPORT CODE I((RADON) HABITABLE AREA RADON FEE PERMIT FEE LIBRARY IMPACT FEE PUBLIC BLD IMPACT FEE CORRECTION PUBIC BLD IMPACT F GENERAL PARKS IMPACT FEE SCHOOL IMPACT FEE ROAD IMPACT FEE CREDIT Y N LAW ENF IMPACT FEE FIRE/EMS IMPACT FEE DRIVEWAY REQUIRED Y N DRIVEWAY FEE ADMINISTRATIVE VARIANCE FEE SPECIFY SUBS REQUIRED MECHANIC ROOF ELECTRIC GAS PLUMBING NON -CONFORMING LOT OF RECORD FEES MISCELLANEOUS FEES DATE SENT TO ADDRESSING: REVIEWS FRONT COUNTER ZONING REVIEW SUPERVISOR REVIEW PLANS REVIEW VEGETATION REVIEW SEA TURTLE REVIEW MANGROVE REVIEW DATE RECEIVED O 7 Tic) IM DATE COMPLETED b I� • /2 /a y� %21 M INrrIALs CERTIFICATION: This application is hereby made to obtain a permit to do the work and installations as indicated, and to obtain a certificate of capacity, if applicable, for the permitted work. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. I understand that separate permits may be required for ELECTRICAL, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS, AND AIR CONDITIONERS, FENCES, ETC., not otherwise included with this building permit application. St. Lucie County makes no representation that its granting of a permit will authorize the permit holder to build the subject structure which is in conflict with any applicable Homeowner Association rules, bylaws or any covenants that may restrict or prohibit such structure. Please consult with your Homeowner's Association and review your deed for any restrictions which may apply. The following building permit applications are exempt from undergoing a full concurrency review: room additions, accessory structures (all types), swimming pools, fences, walls, signs, screen rooms, utility substations & accessory uses to another non- residential use. NOTICE TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOBSITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. NOTICE TO APPLICANT: IF IT IS NOT YOUR RIGHT, TITLE, AND INTEREST THAT IS SUBJECT TO ATTACHMENT: AS A CONDITION OF ISSUANCE OF THIS PERMIT, YOU PROMISE IN GOOD FAITH TO DELIVER A COPY OF THE CONSTRUCTION LIEN LAW NOTICE TO THE PERSON WHOSE PROPERTY IS SUBJECT TO ATTACHMENT. SIGNATURE STATE OF FLORWI 1.or I - _ .C_.Q�- COUNTY OF (.0 The foregoing instrument was acknowledged before me this (� day of by Jaru=an who is nirsona]IXknown or has produced Signature of Notary M, I I ' Commission NoDA I —I `c`�Lo 4. '• O I; My Comm. Expires ;?J • ugust 14, 2012 ; v Sea, DD 794463 ; A% 1. � /n, - - I'/ LANMI91 O „ t F FLOWPA OF Qlt�0 The foregoing instrument was nackn row,ledged before me this 9 �L V day of �-� y , 20 ) () , by jXX4 Su_VV V1W_1u1M..0 who is personally known or has produced as Signature of Notary ```` (', . Bi i", Ix C Commission No. I •, C W: My Comm. Expires 'August 14, 2012 ;1 re No. DE) 794463 e NOTE: TWO (2) SIGNATURES ARE ItR0Uft%AV.EACH SIGNATURE MUST BE NOTARIZED. ley THIS BUILDING PERMIT AS AN OWNER/BUILDER, THE OWNER MUST PERSONALLY A' THIS APPLICATION IN THE OFFICE LISTED ON THE FRONT OF THIS APPLICATION. °0Pp OWNER BUILDER AFFIDAVIT WILL BE REQUIRED FOR ALL OWNER/BUILDER APPLICANTS. For specific instructions see appropriate permit checklist. zzCC_MGX o/ z -ao 9I 53362687 poem Plant: Begin Loading: To Job: Arrive Job: Start Unload: Finish Unload: Leave Job:. etu Ent: CustomerCode: i -r Custom Name Project Code: Project Name: Ticket Date: r Delivery;Address:__ e-, Delivery InsW Z.te:- t„l.1i33•''?-7 �21 �9}"tR-'IT'�j='r c `-> _ .:tl�if. ,..I.j 1'!�} Customer Job Number. Order Code / Date: Project P.O. Number. Ordef/P{O:Number:1l Map Page: Map/Row/Column: Dispatched' l 1 1 .. , : +. r T) Ticket Number. Due'OnUob:; Slump: Truck Number ;*,e Driver; u tiaras' D6ar'Name: `f =i-.+ ", r:'i a. _. P - FJ 7�.-. _. +. t_. End Use: f.l a�';'"�• .,.i._ LOAD CUMULATIVE ORDERED MATERIAL CODE PRODUCTION DESCRIPTION UOM UNIT PRICE AMOUNT QUANTITY QUANTITY QUANTITY :jf + :.L. 4 , 'zi::t Cash Check # /Auth Code: Signature of Driver Receiving Cash:. Cash Received; Total COD Order Amount to Collect Without Standby Charges: Check Charge Comments: WATER ADDED: GAL YARDS IN DRUM: i WHEN ADDED. SIGNATURE CURB LINE CROSSED AT OWNER'S/AGENT'S REQUEST: SIGNATURE ❑ LOAD WAS TESTED BY: Notice; Our drivers will make every effort to place materials where the customer designates, but the SPECIAL TERMS: Any water added is at customers own risk. If water is added on job, concrete strength Company assumes no responsibility for damages inside curb or property line. Customer agrees to the is no longer guaranteed. WARNING: Product may cause skin and/or eye irritation. CAUTION: Material terms of sale and delivery and accepts concrete as is. Due to important factors which are out of our may be.hazardous to your safety and health. Please refer to the backside• of this ticket for important control after delivery, this Company will not accept any responsibility for the finished results. No credit for safety handling inforfation, and to the material safety data sheets for additional information. returned concrete. Buyers exceptions and claims shall be deemed waived unless made to us in writing F71174 SIGNATURE:within one business day. after the receipt of materials., 88UNIVERSAL INVOICE _ o 4 Financial Project No.: Plant No. Concrete Supplier 94-289 CEMEX Phone Number: (772) 461-6700 Address: 6100 Midway Road Ft. Pierce, FL. 34981 -017 f'l Serial No.: {fie 1-kPic — t?1c�0� rs Z:PO 1 31503447 �-_ Date: December 30, 20 i G Delivered to: Rusty Norvell Phone Number Brenda 465-3550 ext 3493 Address: 2801 Flotilla Ft Pierce Truck No. PSI Mix No. Cubic Yards (MA3) This Load 10025756 5000 1175774 8.5 Allowable Jobsite Water Time Loaded Mixing Revolutions Cubic Yards (MA3) Today 53 Gallons 8.5 Cement Fly Ash or Slag Rinker Materials II 5990 LBS Martin Lakes 0 LBS Source Type Amount Source Amount Coarse Agg. AEA 87-090 1.0% 8560 LBS W.R. Grace Darex 0 OZ Pit Num. % Moist. Amount Source Brand Type Amount Fine Agg. Admixture 16-078 3.0% 14360 LBS W.R. Grace WRDA60 240 OZ .Pit Num. % Moist. Amount Source Brand Type Amount Batch Water (gals./Ibs./L) Admixture Gallons 252 Amount Source Bran Type Amount Issuance of this ticket constitutes certification that the concrete batched was produced a compliance with Department specification requirements for Structural Concrete. / CTQP Technician Identification Number recorded in Arrival time at job site Number of revolutions upon arrival at job site Water added at job site (gal. / Ibs / L) Additional mixing revolutions with added water Time concrete completely discharged Total number of revolutions Initial Slump Initial Air Initial Concrete Temp. Initial w/c Ratio Acceptance Slump Acceptance Air Acceptance Concrete Temp. Accepatance w/c Ratio Issuance of this ticket constitutes certification that the maximum specified water cementitious ratio was not exceeded and the batch was delivered and placed in compliance with Department specification requirements. CTQP Technician Identification Number Signature of Contractor's Representative JOSEPH E. SMITH, CLERK -OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE # 3541215 OR ' 3252 PAGE 418, Recor-ded 12/08/201 01:59 PM eFr5R RECORDING RETURN TQ NOTICE OF COMMENCEMENT The undersigned hereby given notice that improvement will be made to certain real property, and in accordance with Chapter 713, Florida statutes the following information is provided in the Notice of commencement. 1. DESCRIPTION OF PROPERTY (Legal iscription and street address) TAX FOLIO NUMBER: y S col-o�--cam-3 _...,..�nrt l I A10 ar nrrr t TRACT __LOT I --J.aLDG UNIT 2. GENERAL DESCRIPTION OF IMPROVE EN'r: r r r 3.OWNER INFORMATION: a. NameT V b. Address ) 10 c, interest in property d. Name and address of fee simple titleholder (if other than owner) ` 1 I, {AA n , r „ a eitl r r.riL£ trL 4. 5. SURETY'S NAME, ADDRESS AND PHONE NUMBER AND BOND AMOUNT: r 6, LENDER'S NAME, ADDRESS AND PHONE NUMBER: 7. Persons within the State of Florida designated by Owner upon whom notices or other documents may be served as provided by Section 713.13 (l)(a) 7., Florida Statutes: NAME, ADDRESS AND PHONE NUMBER: 8. In addition to himself or herself, Owner designates the following to receive a copy of the Lienor's Notice as provided in Section 713.13 (1)(b), Florida Statutes: NAME, ADDRESS AND PHONE NUMBER: 9. Expiration date of notice of commencement (the expiration date is I year from the date of recording unless a different date is specified) 20- .euerur•axn �� YYLS 'C �L�l..VlSblrl Print Name and Provide Signatory's Title/Ofrrce Owner's Authorized ofacer/Director/Partner/Manager State of no County of �� C 0 y�iti,V 2oJ=• The faree�pping instrument was ac,�pwl ged before me this day of � �]O t�R�h YLV VIhDv� OlrQV, By as — (Name of person) (Type of authority... e.g. Owner, officer, trustee, attorney to fact) For gA{NIHr of ID: (Name of party on behalf of whom instrument was executed) Personally Known _ or prodtk`( o�t �� c., 1n• y//�'y, /��n,t/�U•{/j I `.`ygQ;�O?AR): •.O 1 `�-t u*-i�` l._' ✓ `'l��`"_"""".'." `W; MyComm.FYPites .O August ta, 20r't — (Printed Name of Notary Public) (Signature of Notary Public) Ne. D07 .OQ` �•� Under penalties of perjury, I declare that I have read the foregoing and that the facts in it ard .tu IRO iiF•8Q owled ga and belief (section 92.525, Florida Statutes). ttt , pS oa En;er(s) or Owner(s)' Authorized Ofcer/Director/Partncr/Manager vrho signed above: By: By Jawb � Rev. arq (0. Rt STg[ OF FORM ST. LUCK. COUNTY -__.,,,, n T1.11 V TRtU ORI By: Da{ r PLANNING & DEVELOPMENT SERVICES DEPARTMENT BUILDING & CODE REGULATIONS DIVISION 2300 VIRGINIA AVENUE FORT PIERCE, FL 34982-5652 (772)462-1553 FILLED LANDS AFFIDAVIT I, the undersigned, am the owner of the following described property, lg96,-"1o1-0D(p67ao03, %al Co.� c � ., 1��.LD�-I (Parcel Id#/Legal description/Address) for which I have applied to St. Lucie County for a Final Development Permit. In accepting this Final Development Permit, BP Number , I acknowledge that as owner of the above described property, and in accordance with Section 7.04.01(D), St. Lucie County Land Development Code, I shall be responsible for assuring adequate drainage so that the immediate community WILL NOT be adversely affected. I further acknowledge that in granting this permit for the development of this property, St. Lucie County is neither obliged nor liable to provide for, or maintain in any form, adequate drainage off my property which will not adversely affect the immediate community. a. l� Date tLl; My Comm August 1 I p No. DID STATE OF FLORIDA, COUNTY OF �J'1" �.�// %N�• �se��Jd,�rf�IF ACKNOWLEDGED BEFORE ME TIES 1 ^l DAY OF ►bJ Y �C/► 20 l , BY \J.JX YQ-/ ,1 Q �0 k!V 76-*MO IS PERSONALTY KNOWN TO ME OR WHO HAS "SIGNATQURE�O(F�NOTARY PUBLI, -I "! 4 ((COMMISSION AS IDENTIFICATION. TYPE OR -PRINT NOTARY (SEAL) IIII/IJ// O s . Expires ; :�o 4, 2012 ' 794463 ; • Q� LAC' •• N4 SLCPDSD Revised 08/24/2010 r Page 1 of 1 Subj: seawall construction Date: 11/10/2010 2:38:54 P.M. Eastern Standard Time From: Eric. SheaCab-dep.state. fl.us 59 To: summerlin7cs(o)aol.com COPmu v CC: Michael. G.Evanslldep.state.fl.us Hi Joy, Per our conversation this morning, the Department has requested that Mager Construction and the owner of the property at 2801 Flotilla Terrace, Ft. Pierce, construct a seawall at the before mentioned property, at the historic mean high water line and backfill the spoil material to fill in the open water areas that have resulted from the unauthorized dredging of uplands. Due to the potential health and safety issues to the two adjacent properties created from the removal of upland material and creation of surface waters and instability of surrounding lands, the department has requested the that the Respondents construct the new seawall prior to the issuance of the long form consent order which will follow at a later date. The wall still may be constructed as an exempt activity under Chapter 403.813 (1)(e), Florida Statutes "The restoration of seawalls at their previous locations or upland of, or within 1 foot waterward of, their previous locations." The historic mean high water line is from corner to corner of the adjacent neighbors existing seawalls and can be further determined through St. Lucie County property Appraiser GIS aerials. No other activities are approved for construction without approval from the Department in the form of the long form consent order or a permit. Eric M. Shea Environmental Manager Submerged Lands and Environmental Resources Program Florida Department of Environmental Protection Port St. Lucie Branch Office Southeast District (772) 398-2806 x 115 If you prefer a Self Certification for construction or repair/replacement of an exempt single-family dock, installation of a boatlift, or a noticed general permit for the installation of riprap please go to: www.fidepportal.com The Department of Environmental Protection values your feedback as a customer. DEP Secretary Mimi Drew is committed to continuously assessing and improving the level and quality of services provided to you. Please take a few minutes to comment on the quality of service you received. Simply click on this link to the DEP Customer Survev. Thank you in advance for completing the survey. ST. LUCIE COUNTY BUILDING DIVISION REVIEWED FOR CO ANCE REVIEWED BY DATE PLANS AND PER IT MUST BE KEPT ON JOB OR NO INSPECTION WILL BE MADE 16/a -6(017/ Wednesday, December 08, 2010 AOL: SUMMERLIN7CS Lvdia Galbraith From: Greenwood, Colin [Colin.Greenwood@dep.state.fl.us] " Sent: Monday, November 29, 2010 3:08 PM To: Lydia Galbraith; Evans, Michael G.; Jennifer L. Evans Cc: Lynn Swartzel; Robin Meyer; Amy Griffin; Yvette Alger; Paula Bushby Subject: RE: Floatilla Violation Attachments: Robinson, James LFCO.docx Hello Lydia, I have attached Mr. Robinson's proposed Consent Order as I am working on Mr. Robinson's case and Mike is working on the contractor's case. Let me know if you have any questions regarding the Consent Order. I'll keep everyone briefed when I hear something from Mr. Robinson or his lawyer. Thanks, Colin Greenwood Environmental Specialist Submerged Lands and Environmental Resources Program FDEP 1801 SE 1-lillmoor Dr. Suite C-204 Port St. Lucie, FL 34952 Phone: 772-398-2806 xl 11 Fax: 772-398-2815 If you prefer a Self Certification for construction or repair/replacement of an exempt single-family dock, installation of a boatlift, or a noticed general permit for the installation of riprap please go to: www.fldepportal.com From: Lydia Galbraith [mailto:galbraithl@stlucieco.org] Sent: Monday, November 29, 2010 2:40 PM To: Evans, Michael G.; Jennifer L. Evans Cc: Greenwood, Colin; Lynn Swartzel; Robin Meyer; Amy Griffin; Yvette Alger; Paula Bushby Subject: RE: Floatilla Violation Hi Mike, Normally we would not issue a permit without permits from FDEP but if you allow him to start without the Consent Order and because of the erosion concerns we can work with the draft CO and this e-mail. Please send me a copy of the draft CO. They didn't apply for a permit yet. They do need to come in and follow the standard procedure. They need to submit application and the standard required paperwork and sealed plans for the wall. We will add this e-mail and draft CO to the permit for reference. If you have any questions, please let me know. Thanks, i_t�d�a g cab►-a�t4t Planning Technician Planning and Development Services Phone: (772) 462-1555 Fax: (772) 462-6448 Email: galbraithl@stlucieco.org From: Evans, Michael G. [mailto: M ichael.G. Eva ns@dep.state.fl. us] Sent: Monday, November 29, 2010 12:17 PM 91 To: Lydia Galbraith; Jennifer L. Evans Cc: Greenwood, Colin; Lynn Swartzel; Robin Meyer; Amy Griffin; Yvette Alger; Paula Bushby Subject: ,RE: Floatilla Violation Hi Lydia, Will you require our Consent Order to be executed prior to issuing a Building Permit for the seawall? The CO will require the wall be installed and back -filled, but we told Mr. Robinson and Mr. Mager they could proceed with the installation ASAP prior to the CO being executed due to the immediate erosion concerns at this property, and structural concerns with the neighbor's wall and pool. They do know that they also need authorization from the County to do this. Have they applied for a wall permit yet? We can send you a copy of the draft CO that was sent to him, if you would like. The process of getting the CO executed involves sending the draft document to him, he gets 20 days to sign it and return to us, and then we sent it to our West Palm office for our Director's signature, then it comes back to our office and mailed to him from here. We have already mailed the draft to him, but it could be January before it actually gets executed. Thanks for the update! Mike Evans From: Lydia Galbraith [mailto:galbraithl@stiucieco.org] Sent: Monday, November 29, 2010 11:23 AM To: Jennifer L. Evans; Evans, Michael G. Cc: Greenwood, Colin; Lynn Swartzel; Robin Meyer; Amy Griffin; Yvette Alger; Paula Bushby Subject: RE: Floatilla Violation Hi All, FYI The contractor needs to apply for a permit to put back the seawall. He can't just restore it without any building permits. Thanks, L-UAa g caLbratth Planning Technician Planning and Development Services Phone: (772) 462-1555 Fax: (772) 462-6448 Email: galbraithl@stlucieco.org From: Jennifer L. Evans Sent: Monday, November 29, 2010 11:12 AM To: 'Evans, Michael G.' Cc: Greenwood, Colin; Lydia Galbraith; Lynn Swartzel; Robin Meyer; Amy Griffin; Yvette Alger Subject: RE: Floatilla Violation Hey Mike, Thanks for the update. ERD just issued the after -the -fact violation for clearing without a permit today. He is not permitted to do any further work onsite until we have sign off from you guys that he has resolved all penalties and t ! restoration requirements required by -your agency. The contractor is already claiming he has resolved all of his issues with FDEP and that we are the only ones holding him up so I will make sure we get verification in writing from you before we sign off on the code violation or further process any applications. Thanks, "01LE COPY &6=f6r C-mans St Lucie County Environmental Resources Department Senior Environmental Planner Office (772) 462-3862 - Fax (772) 462-1684 From: Evans, Michael G. [ma ilto: Michael. G.Eva ns@dep.state.fl.us] Sent: Monday, November 29, 2010 10:57 AM To: Jennifer L. Evans Cc: Greenwood, Colin Subject: RE: Floatilla Violation Hey Jennifer, We send out a Short Form Consent Order (penalty only) to Mager Construction, and a Long Form Consent Order (penalty and restoration) to Mr. Robinson. Theyjust went out last week. They have 20 days to respond. I don't think we've heard back from them yet, but last we talked to them, we asked Mr. Robinson to install a seawall at its previous location, connecting to the two adjacent seawalls, and filling back in behind it where he had dredged. The Consent Order requires this, but we asked to him do it ASAP to prevent further erosion and due to the concerns with the neighbor's wall and pool. Where is he at with the County? We'll keep you updated if we hear anything new.... Mike From: Jennifer L. Evans [mailto:EvansJ@stlucieco.org] Sent: Wednesday, November 24, 2010 9:53 AM To: Evans, Michael G. Subject: RE: Floatilla Violation Hey Mike, Any updates on the status of this violation with FDEP? Thanks, &mn Or apaw 5t Lucie County Environmental Resources Department Senior Environmental Planner Office (772) 462-3862 - Fax (772) 462-1684 From: Evans, Michael G. [ma ilto:Michael.G.Eva ns@dep.state.fl.us] Sent: Friday, November 05, 2010 3:54 PM To: Jennifer L. Evans Cc: Amy Griffin; Lynn Swartzel; Yvette Alger; Greenwood, Colin Subject: RE: Floatilla Violation Hey Jennifer, Yes, we went out to the site yesterday and today. There was a previously existing seawall there connecting the two adjacent seawalls. The owner/contractor took out the seawall, and removed uplands to create a boatramp and a basin. They are coming into the office on Monday to discuss penalties/restoration. I'm not sure that we will let them keep the basin, so they may have to fill it back in to what was before and install a new wait. 'I'll keep you updated. Thanks. Have a good weekend.... Thanks for meeting us there too, Lynn, and issuing the stop work order. Much appreciated. (I wish we had the capability to issue those too!) Mike Evans The Department of Environmental Protection values your feedback as a customer. DEP Secretary Mimi Drew is committed to continuously assessing and improving the level and quality of services provided to you. Please take a few minutes to comment on the quality of service you received. Simply click on this link to the DEP Customer Survey. Thank you in advance for completing the survey. From: Jennifer L. Evans [ma ilto: Evans] @stlucieco.org] Sent: Friday, November 05, 2010 3:06 PM To: Evans, Michael G. Cc: Amy Griffin; Lynn Swartzel; Yvette Alger Subject: Floatilla Violation FILE COPY Hey Mike, Lynn Swartzel called to inform me of the unauthorized seawall removal and clearing on Floatilla on N Hutch and she mentioned you guys were already out there. I went by this afternoon and took some photos and we will definitely be pursuing a violation for clearing without a permit but was wondering if you could cc' me on the FDEP violation and mitigation you will be requiring? It is my understanding that they did not apply for any permits from the FDEP, is that correct? Thanks, &Bi1i11f6r (9,va11S St Lucie County Environmental Resources Department Senior Environmental Planner Office (772) 462-3862 - Fax (772) 462-1684 Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error. please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. PAUL WELCH INC. MECH-ELECT-CIVIL ENG 1984 BILTMORE ST. �94S LOCATION MAP PORTT. LIE,FL 34RAUL H, P.E. FUk REG E 0 2 2010 0 IT E Iq E Si ZE tx S Effe 0, - Paradise Park 00 0 James T Robln5on 260 / Flotilla Terrace Fort Pierce, Florida 34949 PROP05EO BULKHEAD [-f3CALf--- Not to scale oA-rf.. 1112412016i.: OF 5 5HEET EX15TING WOOD DOCK (ADJACENT OWNER) YV HERON WA A T E W WA A Y EBB / PLOOD -- CANAL WIDTH 200' ± MHW to MHW C�7 NOTE,5 w / �oA 1.) 20 % OF l 10' (THE WIDTH OF THE WATERWAY) = 22' �P� 5HALL REMAIN UNOB5TRUCTED OY DOCKS, MOORING OR DOLPHIN 5 OR MOORED BOATS WELCH MC. MECH-EELECT-CtVtlCtM EMG 1994 BILTMOF4E ST. f114 EXISTING WOOD DOCK PORT ST' LUCIE. FL 3 PAUL WELCH, P.E. FL A REC NO (ADJACENT OWNER) LOT 39 EXISTING CONCRETE BULKHEAD (ADJACENT OWNER) DEC 0 2 2010 PROPERTYLINE "— — — PROPOSED BULKHEAD VACANT CORAL COVE BEACH BLOCK 4 LOT I SEC 25, TWP 345, R 40E PARCEL ID #: 1425-70 I-0065-000-3 POLE BULKHEAD PLAN 2.) NO OB5TRUCTION3 SHALL EXTEND MORE THAN 45' (WITHIN 10' INFORMATION TAKEN FROM BOUNDARY 5URVEY BY' OF CENTERLINE OF WATERWAY) \ AB SURVEY ENTERPR15E5, INC., DATED 7/16/I 0. 3.) RENTING OF DOCKS. DOCK SPACE, OR MOORINGS OR THE RENTAL OF BOAT5 FOR ANY PURP05E WHAT50EVER 15 PROHIBITED. \ James T Robin5on 2501 Flotilla Terrace Fort Pierce, Florida 34949 PROPOSED BULKHEAD SCALE: �116" = 1 '-O" DATE: 1112412010 1 5HEET 2 OF 3 5HEET5 SEA WALL / BULKI HEAD BE5T MANAGEMENT PRACTICES TO BE U5ED DURING CONSTRUCTION. SECTION _VI w ELEVATION /e SCALE /4 / O �® DEADMAN - 24"X 24"X 12" #7 BAR IN PVC SLEEVE NOTE: w/#4 BARS @ G" O.C. (MINIMUM IO' LENGTH) ALL CONCRETE SHALL BE 5000 PSI EACH WAY w/l 2" BEND @ EACH END @ I O' MAX. 0. C. �- # 3 STIRRUPS @ 24" O. C. James T Robin.son 2601 l=loblla Terrace Port Pierce, Florida 34949 Z. "WIDE x ,p" DEEP CONCRETE CAP w/ (4) #4 BAR5 CONTINUOUS i J WATERLINE VINYL SHEETING MINIMUM l : I PENETRATION INTO 7T SANDY SOIL LEGEND O. C. = ON CENTER `= R.C. = ROUGH CUT 0 = DIAMETER CCA = CHROMATEO COPPER ARSENATE I O' MAXIMUM O. C. -DEADMEN (BEYOND) x PROPOSED BULKHEAD PAUL WELCH INC. MWW&.ECT-QYIL EMG 104 WTWME ST. #1114 � SCALE: A5 NOTED DATE: 1112412010 SHEET 3 OF 3 SHEETS- BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT ) OF ENVIRONMENTAL PROTECTION ) Complainant, ) vs. ) JAMES T. ROBINSON ) Respondent. ) IN THE OFFICE OF THE SOUT14EAST DISTRICT OGC FILE NO. 10-3434 CONSENT ORDER This Consent Order is entered into between the State of Florida Department of Environmental Protection ("Department"), and James T. Robinson ("Respondent") to reach settlement of certain matters at issue between the Department and Respondent. The Department finds and the Respondent admits the following: 1. The Department is the administrative agency of the State of Florida having the power and duty to protect Florida's air and water resources and to administer and enforce Chapter 373, Part IV, and Chapter 403, Florida Statutes, and the rules promulgated and authorized thereunder, Title 62, Florida Administrative Code. The Department has jurisdiction over the matters addressed in this Consent Order. 2. Respondent is a person within the meaning of Section 373.019(15), Florida Statutes. 3. Respondent is the owner of property located at 2801 Flotilla Terrace, Ft. Pierce (Section 25, Township 34 South, Range 40 East), St. Lucie County, Florida (27' 29' 15.73" North Latitude 80' 18' 1.21"West Longitude). Robinson, James T.; DEP vs. OGC No. 10-3434 Page 2 4. The Department finds that the Respondent dredged and filled without a valid permit. An inspection by Department personnel on November 4, 2010, revealed that the Respondent dredged approximately 1,181 sq. ft. of uplands creating surface waters without a valid permit from the Department. The activity was conducted on the above described property within the landward extent of a manmade canal off the Indian River, Class III Waters of the State, as defined by Florida Law. Having reached a resolution of the matter Respondent and the Department mutually agree and it is, ORDERED: 5. Within 30 days of the effective date of this Consent Order, Respondent shall pay the Department $1,500.00 in settlement of the matters addressed in this Consent Order. This amount includes $500.00 for costs and expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Consent Order. The civil penalties are apportioned as follows: $1,000.00 for violation of Rule 62-343.050(1), Florida Administrative Code. Payment shall be made by cashier's check or money order. The instrument shall be made payable to the "Department of Environmental Protection" and shall include thereon the OGC number assigned to this Consent Order and the notation "Ecosystem Management and Restoration Trust Fund". 6. Respondent shall implement the Restoration Actions attached hereto and incorporated herein as Attachment A in the manner and within the time frames specified therein. 7. With the exception of the activities described in the Restoration Actions, effective immediately and henceforth, Respondent shall not conduct any dredging, filling, or construction activities on or within the landward extent of waters of the state without first obtaining a valid Department permit or written notification from the Department that the activities appear to be exempt as proposed from Department permitting requirements; nor shall Respondent conduct any Robinson, James T.; DEP vs: OGC No. 10-3434 Page 3 activities on state owned lands below the ordinary or mean high water lines without first obtaining a lease, easement, or other consent of use from the Department. 8. Respondent agrees to pay the Department stipulated penalties in the amount of $50.00 per day for each and every day Respondent fails to timely comply with any of the requirements of paragraph six of this Consent Order. A separate stipulated penalty shall be assessed for each violation of this Order. Within 30 days of written demand from the Department, Respondent shall make payment of the appropriate stipulated penalties to the "The Department of Environmental Protection" by cashier's check or money order and shall include thereon the OGC number assigned to this Consent Order and the notation "Ecosystem Management and Restoration Trust Fund." The Department may make demands for payment at any time after violations occur. Nothing in this paragraph shall prevent the Department from filing suit to specifically enforce any of the terms of this Consent Order. Any penalties assessed under this paragraph shall be in addition to the settlement sum agreed to in paragraph five of this Consent Order. If the Department is required to file a lawsuit to recover stipulated penalties under this paragraph, the Department will not be foreclosed from seeking civil penalties for violations of this Consent Order in an amount greater than the stipulated penalties due under this paragraph. 9. If any event, including administrative or judicial challenges by third parties unrelated to the Respondent, occurs which causes delay or the reasonable likelihood of delay, in complying with the requirements of this Consent Order, Respondent shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of the Respondent and could not have been or cannot be overcome by Respondent's due diligence. Economic circumstances shall not be considered circumstances beyond the control of Respondent, nor shall the failure of a contractor, subcontractor, materialman or other agent (collectively referred to as "contractor") to whom responsibility for performance is delegated to Robinson, James T.; DEP OGC No. 10-3434 Page 4 meet contractually imposed deadlines be a cause beyond the control of Respondent, unless the cause of the contractor's late performance was also beyond the contractor's control. Upon occurrence of an event causing delay, or upon becoming aware of a potential for delay, Respondent shall notify the Department orally within 24 hours or by the -next working day and shall, within seven calendar days of oral notification to the Department, notify the Department in writing of the anticipated length and cause of the delay, the measures taken or to be taken to prevent or minimize the delay and the timetable by which Respondent intends to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by circumstances beyond the reasonable control of Respondent, the time for performance hereunder shall be extended for a period equal to the agreed delay resulting from such circumstances. Such agreement shall adopt all reasonable measures necessary to avoid or minimize delay. Failure of Respondent to comply with the notice requirements of this Paragraph in a timely manner shall constitute a waiver of Respondent's right to request an extension of time for compliance with the requirements of this Consent Order. 10. Respondent shall allow all authorized representatives of the Department access to the property at reasonable times for the purpose of determining compliance with the terms of this Consent Order and the rules and statutes of the Department. 11. Entry of this Consent Order does not relieve Respondent of the need to comply with applicable federal, state or local laws, regulations or ordinances. 12. The terms and conditions set forth in this Consent Order may be enforced in a court of competent jurisdiction pursuant to Sections 120.69 and 373.129, Florida Statutes. Failure to comply with the terms of this Consent Order shall constitute a violation of Section 373.430, Florida Statutes. 1 J Robinson, James T.; DEP vs. OGC No. 10-3434 Page 5 13. Respondent is fully aware that a violation of the terms of this Consent Order may subject Respondent to judicial imposition of damages, civil penalties of up to $10,000 per day per violation and criminal penalties. 14. Persons who are not parties to this Consent Order but whose substantial interests are affected by this Consent 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 District Office 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 shall contain the following information: (a) The Department's Consent Order identification number and the county in which the subject matter or activity is located; (b) The name, address, and telephone number of each 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; (c) An explanation of how the petitioner's substantial interests will be affected by the Consent Order; (d) A statement of when and how the petitioner received notice of the Consent Order; (e) A statement of all material facts disputed by petitioner, if any; (f) A statement of the specific facts the petitioner contends warrant reversal or modification of the Consent Order; Robinson, James T.; DEP vs. OGC No. 10-3434 Page 6 (g) A statement of which rules or statutes the petitioner contends require reversal or modification of the Consent Order; and (h) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Consent 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 Notice. Persons whose substantial interests will be affected by any decision of the Department with regard to the subject Consent Order have the right to petition to become a parry 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, Florida Statutes, and to participate as a party to this proceeding. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28-106.205, Florida Administrative Code. A person whose substantial interests are affected by the Consent Order may file a timely petition for an administrative hearing under Sections 120.569 and 120.57, Florida Statutes, or may choose to pursue mediation as an alternative remedy under Section 120.573, Florida Statutes, before the deadline for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth below. Mediation may only take place if the Department and all the parties to the proceeding agree that mediation is appropriate. A person may pursue mediation by reaching a mediation agreement with all parties to the proceeding (which include the Respondent, the Department, and any person who has filed a timely and sufficient petition for a hearing) and by showing how I Robinson, James T.; DEP vs: OGC No. 10-3434 Page 7 the substantial interests of each mediating party are affected by the Consent Order. The agreement must be filed in (received by) the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within 10 days after the deadline as set forth above for the filing of a petition. The agreement to mediate must include the following: (a) The names, addresses, and telephone numbers of any persons who may attend the mediation; (b) The name, address, and telephone number of the mediator selected by the parties, or a provision for selecting a mediator within a specified time; (c) The agreed allocation of the costs and fees associated with the mediation; (d) The agreement of the parties on the confidentiality of discussions and documents introduced during mediation; (e) The date, time, and place of the first mediation session, or a deadline for holding the first session, if no mediator has yet been chosen; (f) The name of each party's representative who shall have authority to settle or recommend settlement; and (g) Either an explanation of how the substantial interests of each mediating party will be affected by the action or proposed action addressed in this notice of intent or a statement clearly identifying the petition for hearing that each parry has already filed, and incorporating it by reference. (h) The signatures of all parties or their authorized representatives. As provided in Section 120.573, Florida Statutes, the timely agreement of all parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within sixty days of the execution of the agreement. If mediation Robinson, James T.; DEP vs: OGC No. 10-3434 Page 8 results in settlement of the administrative dispute, the Department must enter a final order incorporating the agreement of the parties. Persons whose substantial interests will be affected by such a modified final decision of the Department have a right to petition for a hearing only in accordance with the requirements for such petitions set forth above, and, must therefore file their petitions within 21 days of receipt of this notice. If mediation terminates without settlement of the dispute, the Department shall notify all parties in writing that the administrative hearing processes under Sections 120.569 and 120.57, Florida Statutes, remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes. 15. The Department hereby expressly reserves the right to initiate appropriate legal action to prevent or prohibit any violations of applicable statues, or the rules promulgated thereunder that are not specifically addressed by the terms of this Consent Order. 16. The Department, for and in consideration of the complete and timely performance by Respondent of the obligations agreed to in this Consent Order, hereby waives its right to seek judicial imposition of damages or civil penalties for alleged violations addressed in this Consent Order. 17. Respondent acknowledges and waives its right to an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes, on the terms of this Consent Order. Respondent acknowledges its right to appeal the terms of this Consent Order pursuant to Section 120.68, Florida Statutes, and waives that right upon signing this Consent Order. 18. No modifications of the terms of this Consent Order shall be effective until reduced to writing and executed by both Respondent and the Department. 19. All submittals and payments required by this Consent Order to be submitted to the Department shall be sent to the Florida Department of Environmental Protection, Southeast District Branch Office, 1801 SE Hillmoor Dr., Suite C-204, Port St. Lucie, FL 34952. Robinson, James T.; DEP vs. OGC No. 10-3434 Page 9 20. In the event of a sale or conveyance of the property, if all of the requirements of this Consent Order have not been fully satisfied, Respondent shall, at least 30 days prior .to the sale or conveyance of the property, (1) notify the Department of such sale or conveyance and (2) provide a copy of this Consent Order with all attachments to the new owner. The sale or conveyance of the property shall not relieve the Respondent of the obligations imposed in this Consent Order. 21. This Consent Order is a settlement of the Department's civil and administrative authority arising under Florida law to resolve the matters addressed herein. This Consent Order is not a settlement of any criminal liabilities which may arise under Florida law, nor is it a settlement of any violation which may be prosecuted criminally or civilly under federal law. 22. This Consent Order is a final order of the Department pursuant to Section 120.52(7), Florida Statutes, and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, Florida Statutes. Upon the timely filing of a petition this Consent Order will not be effective until further order of the Department. FOR THE RESPONDENT: DATE James T. Robinson DONE AND ORDERED this day of , 20_, in , Florida. Robinson, James T.; DEP vs. OGC No. 10-3434 Page 10 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Jack Long District Director Southeast District Filed, on this date, pursuant to Section 120.52, F.S., with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk Date cc: Lea Crandall, Agency Clerk, Mail Station 35 Jennifer Evans, SLC ERD, evansj@stlucieco.org Lynn Swartzel, SLC Code Enforcement, swartzell@stlucieco.org John Foster, imfarch@gmail.com OFFICE USE ONLY- D �y DATE FILED: �V ,,�� PLAN REVIEW FEE: RECEIPT NO.: PERMIT NUMBER: 1612 ++00 9 / CONCURRENCY FEE: RECEIPT NO.: CERT. CAP. NO.: ALL INFO MUST BE COMPLETE & FILLED IN TO BE ACCEPTED PLANNING & DEVELOPMENT SERVICES DEPARTMENT ® BUILDING & CODE REGULATIONS DIVISION /venue �mt �300 ce, FL 982-56 ! �U v r ,�JIQ [• Pierce, FL 34982-5652 ,, ^^ 772-462-1553 APPLI(�A'1 o for �1 E CERTIFICATE of CAPACITY/ZONING COMPLIANCE p PROJECT INFORMATION 1. LOCATION/SITE ADDRESS: 80I �L& T I `�✓�G�C;Q 2. PROJECT NAME: & �a y\,5&N I SITE PLAN NAME: C COLX 3. PROPERTY TAX ID #: r�� _ ✓IUL — C�CO S CX�C� ' a/ 4. LEGAL DESCRIPTION (attach extra shee if necessary): 5. PLAT BOOK 6. PAGE NO. 7. BLOCK NO. 8. LOT NO. 9. PARCEL SIZE (ACRES/SQ FT.): 't OC LOT DIMENSIONS: 10. COMPLETE DESCRIPTION OF CONSTRUCTION PROJECT OR WORK AC : C V. Y V ' l 49 1 0— 5AtdnlL 11. SETBACKS (ACTUAL) FRONT 4_MPBACK: RIGHT SIDE: Wift LEFT SIDE: Via - 12.' TYPE OF CONSTRUCTION (Check all appropriate boxes) [� W CONSTRUCTION [ ] EXPANSION/ADDITION [ ] INTERIOR RENOVATION [ ESIDENTIAL [ ] COMMERCIAL [ ] INDUSTRIAL [ ] OTHER (SPECIFY) 13. DESCRIPTION OF PROPOSED USE:�Oc��u,0 14. SQ. FT OF CONSTRUCTION: ` I 15. SF. FT 1st FLOOR: 16. VALUE OF CONSTRUCTION: $ l �J The value of construction is used to determine the amount of permit fees to be assessed St. Lucie Coun e th��e�t to question and/or modify the indicated value of construction if it is demonstrated that the submitted figures are not consistent with similar typerAWW ctivities. If the value is $2500 or more, a RECORDED Notice of Commencement must be submitted with this application. SLCCDV Form No.: 001-02 DEC 08 2010 ER® - UPDATED 6/25/09 OWNER INFORMATION L V/ NAME: V GLY�� 1 I \. ADDUSSS:: _ l � I Q5Cv ` ✓ L � � CITY: Q(. 6u / II � 2 STATE: ZIP: 5 � L L017 PHONE (DAYTIME):(�� lP�� J 'lZ�� Email: IF THE FEE SIMPLE TITLEHOLDER (PROPERTY OWNER) IS DIFFERENT FROM THE OWNER LISTED ABOVE, PLEASE FILL IN NAME AND ADDRESS BELOW. FEE SIMPLE TITLEHOLDER. ADDRESS: CITY: STATE: ZIP: PHONE (DAYTIME): U CONTRACTOR INFORMATION ST. of FL REG.CERT #C , BUSINESS NAME: cYtilYVlk/l LI.V� QUALIFIERS NAME: �11y1 ADDREI Z CITY: �1 ll2.tC� PHONE (DAYTIME): ( 2) q LA - 1 ARCHTT/ENG NE,E�R ADDRESS; I _L 0`-1' ST. L CIE COUNTY CERT #: A 0( � STATE: .�1V� ZIP: FAX NO. -11 Oc - gtoy -1 ggQtmail: 6LUtiICA4Aw- I CITY: r �6] 14 U�o/ g�p STATE: PHONE (DAYTIME): l'' �) 1435- g O D p BONDING COMPANY: ADDRESS: CITY: MORTGAGE LENDER ADDRESS: CITY: /4// o- STATE: STATE: ZIP: ZIP: BIPORTANT NOTICE: When a permit is issued and it is not picked up within 60 days after notification it will be voided and returned Wpm by; mail. CERTIFICATION: This application is hereby made to obtain a permit to do the work and installations as indicated, and to obtain a certificate of capacity, if applicable, for the permitted work. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. I understand that separate permits may be required for ELECTRICAL, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS, AND AIR CONDITIONERS, FENCES, ETC., not otherwise included with this building permit application. St. Lucie County makes no representation that its granting of a permit will authorize the permit holder to build the subject structure which is in conflict with any applicable Homeowner Association rules, bylaws or any covenants that may restrict or prohibit such structure. Please consult with your Homeowner's Association and review your deed for any restrictions which may apply. The following building permit applications are exempt from undergoing a full concurrency review: room additions, accessory structures (all types), swimming pools, fences, walls, signs, screen rooms, utility substations & accessory uses to another non- residential use. NOTICE TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOBSITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. NOTICE TO APPLICANT: IF IT IS NOT YOUR RIGHT, TITLE, AND INTEREST THAT IS SUBJECT TO ATTACHMENT: AS A CONDITION OF ISSUANCE OF THIS PERMIT, YOU PROMISE IN GOOD FAITH TO DELIVER A COPY OF THE CONSTRUCTION LIEN LAW NOTICE TO THE PERSON WHOSE PROPERTY IS SUBJECT TO ATTACHMENT. SIGNATURE STATE OFF o)t LW " COUNTY OF The foregoing instrument was acknowledged before me this (� day of dukyo4 t o , by VZGb_,� who is pownajly known or has produced I/ SIGNA STXFE OF FLO I , . COUNTY OF . Li,LC Qr�, The foregoing instrument was acknowledged before me this � day of �L.�-pp&&V , 20) () ', u, &kAVyV_QA" who is personally known or has produced q'A,,,.cP.:rrfr.af Signature of Notary. ' O = Signature of Notary g--my'Comm. Expires o?J ��jj August 14, 2012 Commission No.JJ�'t ` CW (Seal pp 7e4463 s Commission No. , (Seal)° s . Q-� �, My Comm. Expires m Augus= 14, 2012 ' G • °o�� ����✓�� O RT1IfF fVQ� ts'� o NO. DD-7S4463 NOTE: TWO (2) SIGNATURES ARE Rkk EACH SIGNATURE MUST BE NOTARIZED. �QTOR` THIS BUILDING PERMIT AS AN OWNER/BUH.DER, THE OWNER MUST PERSONALLY Afq•' THIS APPLICATION IN THE OFFICE LISTED ON THE FRONT OF THIS APPLICATION. OWNER BUILDER AFFIDAVIT WILL BE REQUIRED FOR ALL OWNER/BUILDER APPLICANTS. For specific instructions see appropriate permit checklist. OFFICE USE ONLY BP #: (% SECTION p y TOWNSHIP bLi RANGE MAP NO. D ZONING LAND USE LOT CVG % TAZ NO. FLOOD ZONE FIRM MAP # 1ST FLR ELV MAX HGT CONST TYPE OCCUP TYPE MAX OCCUP # OF FLRS WATER SEWER SPRINKLERS STORMWATER LOT OF REC Before 1/1990 LOT OF REC After 1/1990 LOT SPLIT REQUIRED LOT SPLIT APPROVED REPORT CODE HABITABLE AREA (RADON) RADON FEE PERMIT FEE LIBRARY IMPACT FEE PUBLIC BLD EMPACT FEE CORRECTION PUBIC BLD IMPACT F GENERAL PARKS IMPACT FEE SCHOOL IMPACT ROAD IMPACT CREDIT Y N LAW ENF IMPACT Page 1 of 1 Subj: seawall construction Date: 11/10/2010 2:38:54 P.M. Eastern Standard Time From: Eric. Shea(aDdep.state. fl.us To: summerlin7cs(o)aol.com CC: Michael. G.Evans(a)dep.state.fl.us Hi Joy, Per our conversation this morning, the Department has requested that Mager Construction and the owner of the property at 2801 Flotilla Terrace, Ft. Pierce, construct a seawall at the before mentioned property, at the historic mean high water line and backfill the spoil material to fill in the open water areas that have resulted from the unauthorized dredging of uplands. Due to the potential health and safety issues to the two adjacent properties created from the removal of upland material and creation of surface waters and instability of surrounding lands, the department has requested the that the Respondents construct the new seawall prior to the issuance of the long form consent order which will follow at a later date. The wall still may be constructed as an exempt activity under Chapter 403.813 (1)(e), Florida Statutes "The restoration of seawalls at their previous locations or upland of, or within 1 foot waterward of, their previous locations." The historic mean high water line is from corner to corner of the adjacent neighbors existing seawalls and can be further determined through St. Lucie County property Appraiser GIS aerials. No other activities are approved for construction wit ni it approval from the Department in the form of the long form consent order or a permit. Eric M. Shea Environmental Manager Submerged Lands and Environmental Resources Program Florida Department of Environmental Protection Port St. Lucie Branch Office Southeast District (772) 398-2806 x 115 If you prefer a Self Certification for construction or repair/replacement of an exempt single-family dock, installation of a boatlift, or a noticed general permit for the installation of riprap please go to: www.fidepportal.com The Department of Environmental Protection values your feedback as a customer. DEP Secretary Mimi Drew is committed to continuously assessing and improving the level and quality of services provided to you. Please take a few minutes to comment on the quality of service you received. Simply click on this link to the DEP Customer Survey. Thank you in advance for completing the survey. ReCeh/ed DEC 08 wo EQ® a K. $ruff ail Wednesday, December 08, 2010 AOL:, SUMMERLIN7CS St. Lucie Hunt Ave Yl D. Paradise Park James T Robln5on 2601 - Flotilla Terrace Fort Pierce, ',Florlda 34949 PAUL WELCH INC. MECH-ELECT-CIM ENG z 1984 BILTMORE ST. #114 LOCATION MAP OR ST. LUCIE, FL 34984 PAUL WELCH, P.E. FLU,. REG NO 2"45 VVIL DCA T 101 IME 02 201011 PROJECT LOCATION FT CIL; T Dr (AlA."! Forl 47 CA' I A' 'I PROP05EO BULIKHEAO r'5CA�L,-Not Not ,9ATff.- 11124120161." SHEET OF 5 SHEETS I .. I I MECH-EELE�CT C VILE. EMG', 19S4 BILTMOFIE ST. M 14 PORT ST' LUCIE, FL 34N4 EXISTING WOOD DOCK PAUL WELCH, R.E. FIB, BEG NO 2M5 r� (ADJACENT OWNER) EXISTING WOOD DOCK LOT 39 (ADJACENT OWNER) EXISTING CONCRETE BULKHEAD (ADJACENT OWNER) HERON WA lr-il T E ln] WA A Y EBB / FLOOD CANAL WIDTH 200' ± MHW to MHW C�' NOTES 1.) 20 % OF l 10, (THE WIDTH OF THE WATERWAY) = 22' X�G� SHALL REMAIN UNOBSTRUCTED BY DOCK5, MOORING OR DOLPH POLES, OR MOORED BOAT5. SHALL EXTEND MORE THAN 45' (WITHIN 101 0 2 2010 PROPERTY LINE _ VACANT PROPOSED BULKHEAD CORAL COVE BEACH BLOCK 4 LOT I 5EC 25, TWF 345, R 40E PARCEL 1D #, 1425-701-0065-000-3 BULKHEAD PLAN z.) NO OBSTRUCTIONS INFORMATION TAKEN FROM BOUNDARY SURVEY BY• OF CENTERLINE OF WATERWAY) AB SURVEY ENTERPR15E5, INC., DATED 7116//.0. 3.) RENTING OF DOCKS, DOCK SPACE, OR MOORINGS OR THE RENTAL OF BOATS FOR ANY PURPOSE WHATSOEVER 15 PROHIBITED. \ James T Robin.son 2501 Flotilla Terrace Port Pierce, Plorlda 34949 PROP03ED BULKHEAD SCALE: %6" = 1 '-O° DATE: 1112412010 1 SHEET 2 OF 3 SHEETS mff 5EA WALL / BULKHEAD BEST MANAGEMENT PRACTICES TO BE USED DURING CONSTRUCTION. SECTION VIEW SCALP: 31,5 " = I LO" OEADMAN - 24"X 24"X 12" wl #4 BARS (9 G" O. C. EACH WAY (o 10'MAX. O.C. 07 BAR IN PVC SLEEVE (MINIMUO I O'LENGTH) wl 12 ",5END 9 EACH END James T RobIn5on 260 / 1lotllla Terrace Fort Pierce, i'londa 34949 R 3 STIRRUPS @ 24" O. C. ELEVATION SCALE: %4 NOTE: ALL CONCRETE SHALL BE 5000 P31 I O'MAXIMUM 0. C. -DCAOMEN (BEYOND) -ZZ." WIDE x I DEEP CONCRETE rLjL CAP wl (4) #4 BARS I 1 CONTINUOUS VJYJ 5 E IJG WATERLINE VINYL 3HEFTING MINIMUM I: I PENETRATION INTO SANDY SOIL LEGEND O. C. = ON CENTER R. C. = ROUGH CUT 0 = 01AMETER CCA = CHROMATED COPPER ARSENATE SCALE: A3 NOTED OATE., 1112412010 PROPOSED BULKHEAD op . PAUL WELCH INC. 3HEET 3 MECH-ELECT-OYL ENG OP 3 3HEfT5 1964 WTMOFIE ST. #114 II KAT,31. Rjj� i ----PAUL WtLE;H. F.L. MA HM RU C� Lydia Galbraith From: Greenwood, Colin [Colin. G reenwood@dep. state.fl. us] Sent: Monday, November 29, 2010 3:08 PM To: Lydia Galbraith; Evans, Michael G.; Jennifer L. Evans Cc: Lynn Swartzel; Robin Meyer; Amy Griffin; Yvette Alger; Paula Bushby Subject: RE: Floatilla Violation Attachments: Robinson, James LFCO.docx Hello Lydia, I have attached Mr. Robinson's proposed Consent Order as I am working on Mr. Robinson's case and Mike is working on the contractor's case. Let me know if you have any questions regarding the Consent Order. I'll keep everyone briefed when I hear something from Mr. Robinson or his lawyer. Thanks, Colin Greenwood Environmental Specialist Submerged Lands and Environmental Resources Program FDEP 1801 SE Flillmoor Dr. Suite C-204 .Port St. Lucie, FL 34952 Phone: 772-398-2806 xl .11 Fax: 772-398-281.5 If you prefer a Self Certification for construction or repair/replacement of an exempt single-family dock, installation of a boatlift, or a noticed general permit for the installation of riprap please go to: www.fldepportal.com From: Lydia Galbraith [mailto:galbraithl@stlucieco.org] Sent: Monday, November 29, 2010 2:40 PM To: Evans, Michael G.; Jennifer L. Evans Cc: Greenwood, Colin; Lynn Swarizel; Robin Meyer; Amy Griffin; Yvette Alger; Paula Bushby Subject: RE: Floatilla Violation Hi Mike, Normally we would not issue a permit without permits from FDEP but if you allow him to start without the Consent Order and because of the erosion concerns we can work with the draft CO and this e-mail. Please send me a copy of the draft CO. They didn't apply for a permit yet. They do need to come in and follow the standard procedure. They need to submit application and the standard required paperwork and sealed plans for the wall. We will add this e-mail and draft CO to the permit for reference. If you have any questions, please let me know. Thanks, L_Udta g c,alLbra�th Planning Technician Planning and Development Services Phone: (772) 462-1555 Fax: (772) 462-6448 Email: galbraithl@stlucieco.org From: Evans, Michael G. [mailto:Michael.G.Evans@dep.state.fl.us] Sent: Monday, November 29, 2010 12:17 PM To: Lydia Galbraith; Jennifer L. Evans Cc: Greenwood, Colin; Lynn Swartzel; Robin Meyer; Amy Griffin; Yvette Alger; Paula Bushby Subject: RE: Floatilla Violation Hi Lydia, Will you require our Consent Order to be executed prior to issuing a Building Permit for the seawall? The CO will require the wall be installed and back -filled, but we told Mr. Robinson and Mr. Mager they could proceed with the installation ASAP prior to the CO being executed due to the immediate erosion concerns at this property, and structural concerns with the neighbor's wall and pool. They do know that they also need authorization from the County to do this. Have they applied for a wall permit yet? We can send you a copy of the draft CO that was sent to him, if you would like. The process of getting the CO executed involves sending the draft document to him, he gets 20 days to sign it and return to us, and then we sent it to our West Palm office for our Director's signature, then it comes back to our office and mailed to him from here. We have already mailed the draft to him, but it could be January before it actually gets executed. Thanks for the update! Mike Evans From: Lydia Galbraith [mailto:galbraithl@stiucieco.org] Sent: Monday, November 29, 2010 11:23 AM To: Jennifer L. Evans; Evans, Michael G. Cc: Greenwood, Colin; Lynn Swartzel; Robin Meyer; Amy Griffin; Yvette Alger; Paula Bushby Subject: RE: Floatilla Violation Hi All, FYI The contractor needs to apply for a permit to put back the seawall. He can't just restore it without any building permits. Thanks, Li�d�a g ca�bra�th Planning Technician Planning and Development Services Phone: (772) 462-1 555 Fax: (772) 462-6448 Email: galbraithl@stiucieco.org From: Jennifer L. Evans Sent: Monday, November 29, 2010 11:12 AM To: 'Evans, Michael G.' Cc: Greenwood, Colin; Lydia Galbraith; Lynn Swartzel; Robin Meyer; Amy Griffin; Yvette Alger Subject: RE: Floatilla Violation Hey Mike, Thanks for the update. ERD just issued the after -the -fact violation for clearing without a permit today. He is not permitted to do any further work onsite until we have sign off from you guys that he has resolved all penalties and restoration requirements required L14.-rDur agency. The contractor is already clair,'irris he has resolved all of his issues with FDEP and that we are the only ones holding him up so I will make sure we get verification in writing from you before we sign off on the code violation or further process any applications. Thanks, St Lucie County Environmental Resources Department Senior Environmental Planner O(f-ice (772) 462-3862 - Fax (772) 462-1684 From: Evans, Michael G. [mailto:Michael.G.Evans@dep.state.fl.us] Sent: Monday, November 29, 2010 10:57 AM To: Jennifer L. Evans Cc: Greenwood, Colin Subject: RE: Floatilla Violation Hey Jennifer, We send out a Short Form Consent Order (penalty only) to Mager Construction, and a Long Form Consent Order (penalty and restoration) to Mr. Robinson. They just went out last week. They have 20 days to respond. I don't think we've heard back from them yet, but last we talked to them, we asked Mr. Robinson to install a seawall at its previous location, connecting to the two adjacent seawalls, and filling back in behind it where he had dredged. The Consent Order requires this, but we asked to him do it ASAP to prevent further erosion and due to the concerns with the neighbor's wall and pool. Where is he at with the County? We'll keep you updated if we hear anything new.... Mike From: Jennifer L. Evans [mailto:Evans]@stlucieco.org] Sent: Wednesday, November 24, 2010 9:53 AM To: Evans, Michael G. Subject: RE: Floatilla Violation Hey Mike, Any updates on the status of this violation with FDEP? Thanks, �ennifer C-��ans St Lucie County Environmental Resources Department Senior Environmental Planner Office (772) 462-3862 - Fax (772) 462-1684 From: Evans, Michael G. [mailto: Michael. G.Evans@dep.state.fl.us] Sent: Friday, November 05, 2010 3:54 PM To: Jennifer L. Evans Cc: Amy Griffin; Lynn Swartzel; Yvette Alger; Greenwood, Colin Subject: RE: Floatilla Violation Hey Jennifer, Yes, we went out to the site yesterday and today. There was a previously existing seawall there connecting the two adjacent seawalls. The owner/contractor took out the seawall, and removed uplands to create a boatramp and a basin. They are coming into the office on Monday to discuss penalties/restoration. I'm not sure that we will let them keep the basin, so they may have to fill it bac'M1 fi-ito what was before and install a new way' —.'�!I keep you updated. Thanks. Have a good weekend.... Thanks for meeting us there too, Lynn, and issuing the stop work order. Much appreciated. (I wish we had the capability to issue those too!) Mike Evans The Department of Environmental Protection values your feedback as a customer. DEP Secretary Mimi Drew is committed to continuously assessing and improving the level and quality of services provided to you. Please take a few minutes to comment on the quality of service you received. Simply click on this link to the DEP Customer Survey. Thank you in advance for completing the survey. From: Jennifer L. Evans [mailto:EvansJ@stlucieco.org] Sent: Friday, November 05, 2010 3:06 PM To: Evans, Michael G. Cc: Amy Griffin; Lynn Swartzel; Yvette Alger Subject: Floatilla Violation Hey Mike, Lynn Swartzel called to inform me of the unauthorized seawall removal and clearing on Floatilla on N Hutch and she mentioned you guys were already out there. I went by this afternoon and took some photos and we will definitely be pursuing a violation for clearing without a permit but was wondering if you could cc' me on the FDEP violation and mitigation you will be requiring? It is my understanding that they did not apply for any permits from the FDEP, is that correct? Thanks, St Lucie County Environmental Resources Department Senior Environmental Planner Office (772) 462-3862 - Fax (772) 462-1684 Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and I or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error. please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If YOU received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note; Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication, If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Complainant, VS. JAMES T. ROBINSON Respondent. IN THE OFFICE OF THE SOUTHEAST DISTRICT OGC FILE NO. 10-3434 CONSENT ORDER This Consent Order is entered into between the State of Florida Department of Environmental Protection ("Department"), and James T. Robinson ("Respondent") to reach settlement of certain matters at issue between the Department and Respondent. The Department finds and the Respondent admits the following: 1. The Department is the administrative agency of the State of Florida having the power and duty to protect Florida's air and water resources and to administer and enforce Chapter 373, Part IV, and Chapter 403, Florida Statutes, and the rules promulgated and authorized thereunder, Title 62, Florida Administrative Code. The Department has jurisdiction over the matters addressed in this Consent- Order. 2. Respondent is a person within the meaning of Section 373.019(15), Florida Statutes. Respondent is the owner of property located at 2801 Flotilla Terrace, Ft. Pierce (Section 25, Township 34 South, Range 40 East), St. Lucie County, Florida (27' 29' 15.73" North Latitude 80' 18' 1.21" West Longitude). Robinson, James T.; DEP vs: OGC No. 10-3434 Page 2 4. The Department finds that the Respondent dredged and filled without a valid permit. An inspection by Department personnel on November 4, 2010, revealed that the Respondent dredged approximately 1,181 sq. ft. of uplands creating surface waters without a valid permit from the Department. The activity was conducted on the above described property within the landward extent of a manmade canal off the Indian River, Class III Waters of the State, as defined by Florida Law. Having reached a resolution of the matter Respondent and the Department mutually agree and it is, ORDERED: 5. Within 30 days of the effective date of this Consent Order, Respondent shall pay the Department $1,500.00 in settlement of the matters addressed in this Consent Order. This amount includes $500.00 for costs and expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Consent Order. The civil penalties are apportioned as follows: $1,000.00 for violation of Rule 62-343.050(1), Florida Administrative Code. Payment shall be made by cashier's check or money order. The instrument shall be made payable to the "Department of Environmental Protection" and shall include thereon the OGC number assigned to this Consent Order and the notation "Ecosystem Management and Restoration Trust Fund". 6. Respondent shall implement the Restoration Actions attached hereto and incorporated herein as Attachment A in the manner and within the time frames specified therein. 7. - With the exception of the activities described in the Restoration Actions, effective immediately and henceforth, Respondent shall not conduct any dredging, filling, or construction activities on or within the landward extent of waters of the state without first obtaining a valid Department permit or written notification from the Department that the activities appear to be exempt as proposed from Department permitting requirements; nor shall Respondent conduct any Robinson, James T.; DEP vs. OGC No. 10-3434 Page 3 activities on state owned lands below the ordinary or mean high water lines without first obtaining a lease, easement, or other consent of use from the Department. 8. Respondent agrees to pay the Department stipulated penalties in the amount of $50.00 per day for each and every day Respondent fails to timely comply with any of the requirements of paragraph six of this Consent Order. A separate stipulated penalty shall be assessed for each violation of this Order. Within 30 days of written demand from the Department, Respondent shall make payment of the appropriate stipulated penalties to the "The Department of Environmental Protection" by cashier's check or money order and shall include thereon the OGC number assigned to this Consent Order and the notation "Ecosystem Management and Restoration Trust Fund." The Department may make demands for payment at any time after violations occur. Nothing in this paragraph shall prevent the Department from filing suit to specifically enforce any of the terms of this Consent Order. Any penalties assessed under this paragraph shall be in addition to the settlement sum agreed to in paragraph five of this Consent Order. If the Department is required to file a lawsuit to recover stipulated penalties under this paragraph, the Department will not be foreclosed from seeking civil penalties for violations of this Consent Order in an amount greater than the stipulated penalties due under this paragraph. 9. If any event, including administrative or judicial challenges by third parties unrelated to the Respondent, occurs which causes delay or the reasonable likelihood of delay, in complying with the requirements of this Consent Order, Respondent shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of the Respondent and could not have been or cannot be overcome by Respondent's due diligence. Economic circumstances shall not be considered circumstances beyond the control of Respondent, nor shall the failure of a contractor, subcontractor, materialman or other agent (collectively referred to as "contractor") to whom responsibility for performance is delegated to Robinson, James T.; DEP vs. OGC No. 10-3434 Page 4 meet contractually imposed deadlines be a cause beyond the control of Respondent, unless the cause of the contractor's late performance was also beyond the contractor's control. Upon occurrence of an event causing delay, or upon becoming aware of a potential for delay, Respondent shall notify the Department orally within 24 hours or by the next working day and shall, within seven calendar days of oral notification to the Department, notify the Department in writing of the anticipated length and cause of the delay, the measures taken or to be taken to prevent or minimize the delay and the timetable by which Respondent intends to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by circumstances beyond the reasonable control of Respondent, the time for performance hereunder shall be extended for a period equal to the agreed delay resulting from such circumstances. Such agreement shall adopt all reasonable measures necessary to avoid or minimize delay. Failure of Respondent to comply with the notice requirements of this Paragraph in a timely manner shall constitute a waiver of Respondent's right to request an extension of time for compliance with the requirements of this Consent Order. 10. Respondent shall allow all authorized representatives of the Department access to the property at reasonable times for the purpose of determining compliance with the terms of this Consent Order and the rules and statutes of the Department. 11. Entry of this Consent Order does not relieve Respondent of the need to comply with applicable federal, state or local laws, regulations or ordinances. 12. The terms and conditions set forth in this Consent Order may be enforced in a court of competent jurisdiction pursuant to Sections 120.69 and 373.129, Florida Statutes. Failure to comply with the terms of this Consent Order shall constitute a violation of Section 373.430, Florida Statutes. Robinson, James T.; DEP vs. OGC No. 10-3434 Page 5 13. Respondent is fully aware that a violation of the terms of this Consent Order may subject Respondent to judicial imposition of damages, civil penalties of up to $10,000 per day per violation and criminal penalties. 14. Persons who are not parties to this Consent Order but whose substantial interests are affected by this Consent 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 District Office 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 shall contain the following information: (a) The Department's Consent Order identification number and the county in which the subject matter or activity is located; (b) The name, address, and telephone number of each 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; (c) An explanation of how the petitioner's substantial interests will be affected by the Consent Order; (d) A statement of when and how the petitioner received notice of the Consent Order; (e) A statement of all material facts disputed by petitioner, if any; (f) A statement of the specific facts the petitioner contends warrant reversal or modification of the Consent Order; Robinson, James T.; DEP vs: `J OGC No. 10-3434 Page 6 (g) A statement of which rules or statutes the petitioner contends require reversal or modification of the Consent Order; and (h) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Consent 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 Notice. Persons whose substantial interests will be affected by any decision of the Department with regard to the subject Consent Order have the right to petition to become a parry 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, Florida Statutes, and to participate as a parry to this proceeding. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28-106.205, Florida Administrative Code. A person whose substantial interests are affected by the Consent Order may file a timely petition for an administrative hearing under Sections 120.569 and 120.57, Florida Statutes, or may choose to pursue mediation as an alternative remedy under Section 120.573, Florida Statutes, before the deadline for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth below. Mediation may only take place if the Department and all the parties to the proceeding agree that mediation is appropriate. A person may pursue mediation by reaching a mediation agreement with all parties to the proceeding (which include the Respondent, the Department, and- any person who has filed a timely and sufficient petition for a hearing) and by showing how Robinson, James T.; DE P vs. J OGC No. 10-3434 Page 7 the substantial interests of each mediating party are affected by the Consent Order. The . agreement must be filed in (received by) the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within 10 days after the deadline as set forth above for the filing of a petition. The agreement to mediate must include the following: (a) The names, addresses, and telephone numbers of any persons who may attend the mediation; (b) The name, address, and telephone number of the mediator selected by the parties, or a provision for selecting a mediator within -a specified time; (c) The agreed allocation of the costs and fees associated with the mediation; (d) The agreement of the parties on the confidentiality of discussions and documents introduced during mediation; (e) The date, time, and place of the first mediation session, or a deadline for holding the first session, if no mediator has yet been chosen; (f) The name of each parry's representative who shall have authority to settle or recommend settlement; and (g) Either an explanation of how the substantial interests of each mediating party will be affected by the action or proposed action addressed in this notice of intent or a statement clearly identifying the petition for hearing that each party has already filed, and incorporating it by reference. (h) The signatures of all parties or their authorized representatives. As provided in Section 120.573, Florida Statutes, the timely agreement of all parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within sixty days of the execution of the agreement. If mediation Robinson, James T.; DEPw-:5r. OGC No. 10-3434 Page 8 results in settlement of the administrative dispute, the Department must enter a final order incorporating the agreement of the parties. Persons whose substantial interests will be affected by such a modified final decision of the Department have a right to petition for a hearing only.in accordance with the requirements for such petitions set forth above, and must therefore file their petitions within 21 days of receipt of this notice. If mediation terminates without settlement of the dispute, the Department shall notify all parties in writing that the administrative hearing processes under Sections 120.569 and 120.57; Florida Statutes, remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes. 15. The Department hereby expressly reserves the right to initiate appropriate legal action to prevent or prohibit any violations of applicable statues, or the rules promulgated thereunder that are not specifically addressed by the terms of this Consent Order. 16. The Department, for and in consideration of the complete and timely performance by Respondent of the obligations agreed to in this Consent Order, hereby waives its right to seek judicial imposition of damages or civil penalties for alleged violations addressed in this Consent Order. 17. Respondent acknowledges and waives its right to an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes, on the terms of this Consent Order. Respondent acknowledges its right to appeal the terms of this Consent Order pursuant to Section 120.68, Florida Statutes, and waives that right upon signing this Consent Order. 18. No modifications of the terms of this Consent Order shall be effective until reduced to writing and executed by both Respondent and the Department. 19. All submittals and payments required by this Consent Order to be submitted to the Department shall be sent to the Florida Department of Environmental Protection, Southeast District Branch Office, 1801 SE Hillmoor Dr., Suite C-204, Port St. Lucie, FL 34952. f / Robinson, James T.; DEP `vs: `J OGC No. 10-3434 Page 9 20. In the event of a sale or conveyance of the property, if all of the requirements of this Consent Order have not been fully satisfied, Respondent shall, at least 30 days prior to the sale or conveyance of the property, (1) notify the Department of such sale or conveyance and (2) provide a copy of this Consent Order with all attachments to the new owner. The sale or conveyance of the property shall not relieve the Respondent of the obligations imposed in this Consent Order. 21. This Consent Order is a settlement of the Department's civil and administrative authority arising under Florida law to resolve the matters addressed herein. This Consent Order is not a settlement of any criminal liabilities which may arise under Florida law, nor is it a settlement of any violation which may be prosecuted criminally or civilly under federal law. 22. This Consent Order is a final order of the Department pursuant to Section 120.52(7), Florida Statutes, and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, Florida Statutes. Upon the timely filing of a petition this Consent Order will not be effective until further order of the Department. DATE DONE AND ORDERED this in , Florida. FOR THE RESPONDENT: James T. Robinson day of ►.1 Robinson, James T.; DEP vs. OGC No. 10-3434 Page 10 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Jack Long District Director Southeast District Filed, on this date, pursuant to Section 120.52, F.S., with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk Date cc: Lea Crandall, Agency Clerk, Mail Station 35 Jennifer Evans, SLC ERD, evansi a,stlucieco.org Lynn Swartzel, SLC Code Enforcement, swartzell@stlucieco.org John Foster, imfarch@gi-nail.com ATTACHMENT A RESTORATION ACTIONS 1. If the following activities have not been completed to date as previously requested; within 30 days of the effective date of this Order, Respondent shall complete the following Restoration Actions: a. The Respondent shall install a seawall in its previous location, tying the wall into the adjacent properties seawalls. This work shall be done prior to any re-gradingof f the Uland Restoration Area. b. The Respondent shall restore the area landward of the seawall to the grade existing prior to the dredging and filling addressed in this Order. All fill removed from the restoration area shall be placed in a contained upland location which will not discharge to waters of the state. During seawall installation and re -grading, turbidity and erosion control measures shall be used to ensure that Florida Administrative Code Rule 62-302 is not violated. Floating turbidity curtains shall be installed no more than 10 feet from the waterward edge of the seawall to control turbidity during all restoration activities. The turbidity barriers shall be maintained and shall remain in place until the restoration actions are completed and the turbidity is measured at less than 29 NTU's over background levels. d. Erosion control barriers such as staked hay bales and staked silt screens shall be installed no more than 10 feet from the landward edge surrounding the perimeter of the Restoration Area, and shall remain in place during all restoration activities. During and after seawall installation and re -grading, Respondent shall stabilize all side slopes as soon as possible to prevent erosion, siltation, or turbid run-off into waters of the State, but, in any event, no later than 72 hours after attaining final grade. f. Any re -grading of the restoration area shall be conducted so as not to affect surface waters outside the restoration area. i -- 2. Within 30 days of completion of these Restoration Actions, Respondent shall submit the following information to the Department: a. Written notification that the Restoration Actions have been completed. b. Enough color photographs to show the entire completed restoration area taken from fixed reference points shown on a plan -view drawing. C. Within 30 days of installing the seawall and re -grading the Respondent shall submit a written statement of completion of re -grading and seawall installation and certification by a registered land surveyor or professional engineer, utilizing the attached "As Built Certification by a Registered Professional" (Form No. 62-343.900(5), F.A.C.). The statement of completion and certification shall be based on on -site observation of construction or review of as -built drawings for the purpose of determining if the work was completed in compliance with the steps detailed in Attachment A of this Consent Order. ATTACHMENT A RESTORATION ACTIONS 1. If the following activities have not been completed to date as previously requested; within 30 days of the effective date of this Order, Respondent shall complete the following Restoration Actions: a. The Respondent shall install a seawall in its previous location, tying the wall into the adjacent properties seawalls. This work shall be done prior to any re -grading of the upland Restoration Area. b. The Respondent shall restore the area landward of the seawall to the grade existing prior to the dredging and filling addressed in this Order. All fill removed from the restoration area shall be placed in a contained upland location which will not discharge to waters of the state. During seawall installation and re -grading, turbidity and erosion control measures shall be used to ensure that Florida Administrative Code Rule 62-302 is not violated. C. Floating turbidity curtains shall be installed no more than 10 feet from the waterward edge of the seawall to control turbidity during all restoration activities. The turbidity barriers shall be maintained and shall remain in place until the restoration actions are completed and the turbidity is measured at less than 29 NTU's over background levels. d. Erosion control barriers such as staked hay bales and staked silt screens shall be installed no more than 10 feet from the landward edge surrounding the perimeter of the Restoration Area, and shall remain in place during all restoration activities. During and after seawall installation and re -grading, Respondent shall stabilize all side slopes as soon as possible to prevent erosion, siltation, or turbid run-off into waters of the State, but, in any event, no later than 72 hours after attaining final grade. f. Any re -grading of the restoration area shall be conducted so as not to affect surface waters outside the restoration -area. 2. Within 30 days of completion of these Restoration Actions, Respondent shall submit the following information to the Department: a. Written notification that the Restoration Actions have been completed. b. Enough color photographs to show the entire completed restoration area taken from fixed reference points shown on a plan -view drawing. C. Within 30 days of installing the seawall and re -grading the Respondent shall submit a written statement of completion of re -grading and seawall installation and certification by a registered land surveyor or professional engineer, utilizing the attached "As Built Certification by a Registered Professional" (Form No. 62-343.900(5), F.A.C.). The statement of completion and certification shall be based on on -site observation of construction or review of as -built drawings for the purpose of determining if the work was completed in compliance with the steps detailed in Attachment A of this Consent Order.