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.