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HomeMy WebLinkAboutAttachment D - DA-679-FOwww.dep.state.fl.us FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BOB MARTINEZ CENTER 2600 BLAIR STONE ROAD TALLAHASSEE, FLORIDA 32399-2400 RICK SCOTT GOVERNOR CARLOS LOPEZ-CANTERA LT. GOVERNOR JONATHAN P. STEVERSON SECRETARY January 9, 2015 City of Sunny Isles Beach c/o Justin Freedman, Senior Scientist E Sciences, Incorporated 224 SE 9th Street Fort Lauderdale, Florida 33316 Dear Mr. Freedman: Notice to Proceed Issued Permit Number: DA-679 Permittee Name: City of Sunny Isles Beach Your request for a permit pursuant to Section 161.053, Florida Statutes, for construction or other activities seaward of the coastal construction control line, has been approved by the Department of Environmental Protection, enclosed is the permit. However, construction may not commence until after the permittee complies with any preconstruction requirements described in Special Permit Conditions 1 and 2. The permit will expire one (1) year after the date of issuance of the permit. Upon receipt of a written request signed by the permittee or authorized agent, the Department will consider extending the permit for up to but no more than one additional year. You must apply for a new permit for completion of any work not accomplished under the original permit. Although you may apply for a new permit, there is no assurance that such new permit for the same construction or activities would be approved. The authorized work is strictly limited to that described on the enclosed permit. If you have any questions pertaining to this permit, please contact me by mail at the letterhead address (add Mail Station 3522), by telephone at (850) 245-7668, or by email at celora.a.jackson@dep.state.fl.us. Sincerely, Celora Douse Jackson, Engineer IV Coastal Construction Control Line Program Division of Water Resource Management CDJ/dw Enclosures cc: Permit Information Center Christian Lambright, Field Inspector Sunny Isles Beach, Building Official STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of Water Resource Management 2600 Blair Stone Road - Mail Station 3522 Tallahassee, Florida 32399-2400 (850) 245-8336 PERMIT NUMBER: DA-679 PERMITTEE City of Sunny Isles Beach c/o Justin Freedman, Senior Scientist E Sciences, Incorporated 224 SE 9th Street Fort Lauderdale, Florida 33316 NOTICE TO PROCEED AND PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES PURSUANT TO SECTION 161.053, FLORIDA STATUTES FINDINGS OF FACT: An application for authorization to conduct the activities seaward of the coastal construction control line that are indicated in the project description, was filed by the applicant/permittee named herein on November 13, 2014, and was determined to be complete pursuant to rule on December 5, 2014. CONCLUSIONS OF LAW: After considering the merits of the proposal and any written objections from affected persons, the Department finds that upon compliance with the permit conditions, the activities indicated in the project description of this permit are of such a nature that they will result in no significant adverse impacts to the beach/dune areas or to adjacent properties; that the work is not expected to adversely impact nesting sea turtles, their hatchlings, or their habitat; that the work is expendable in nature and/or is appropriately designed in accordance with Section 62B-33.005, Florida Administrative Code. Based on the foregoing considerations, the Department approves the application; authorizes construction and/or activities at the location indicated below in strict accordance with the project description, the approved plans (if any) and the General Permit Conditions which are attached and are by this reference incorporated herein, and any additional conditions shown belo w, pursuant to Section 161.053(4), Florida Statutes. EXPIRATION DATE: January 8, 2016 LOCATION: Between approximately 149 feet and 351 feet north of the Department of Environmental Protection's reference monument R-14, in Dade County. Project address: Gilbert Samson Oceanfront Park, 17425 Collins Avenue, Sunny Isles Beach. PROJECT DESCRIPTION: The applicant/permittee is authorized to: 1. Construct a play motion structure (playground equipment) within are area designated as 90 feet in the general shore-normal direction by a maximum of 76 feet in the shore-parallel direction. 2. Reconstruction of the existing elliptical beach walk within the existing footprint, which surrounds the site as shown. 3. Construction of a seat wall which surrounds the playground area as shown. 4. Construction of an 8-foot by 8-foot storage shed along the south side of the property as shown. PERMITTEE: City of Sunny Isles Beach PERMIT NUMBER: DA-679 PAGE 2 5. Interior renovations to the existing restroom building. 6. Bicycle racks and trash receptacles as shown across the property. 7. Deminimus excavation associated with grading activities within the playground area. 8. Landscape plantings. 9. Exterior and landscape lighting. 10. Demolition activities as required for project as proposed. SPECIAL PERMIT CONDITIONS: 1. Prior to commencement of construction activity authorized by this permit, a preconstruction conference shall be held at the site among the contractor, the owner or authorized agent, and a staff representative of the Department to establish an understanding among the parties as to the items specified in the special and general conditions of the permit. The proposed locations of the structures shall be staked out for the conference. Contact Christian Lambright at (561) 681-6639 to schedule a conference. 2. Prior to commencement of construction activity authorized by this permit, a temporary construction fence shall be erected along the perimeter of the permitted activity. The fence shall remain in place until the construction authorized by this permit is complete. The optimum siting of the construction fence shall be determined during the preconstruction conference so as to provide maximum protection to the existing vegetation located on the site. 3. All beach compatible excavated material shall remain on the site seaward of the control line. All excavated material to be placed on-site shall consist of sand which is similar to that already on the site in both grain size and coloration. This material shall be free of construction debris, rocks, or other foreign matter. 4. All rubble and debris resulting from this construction shall be removed to a location landward of the coastal construction control line. 5. No storm water shall be directed seaward or onto adjacent properties. 6. Any native salt-tolerant vegetation destroyed during construction shall be replaced with plants of the same species or with other native salt-tolerant vegetation suitable for beach and dune stabilization. PERMITTEE: City of Sunny Isles Beach PERMIT NUMBER: DA-679 PAGE 3 7.All lighting shall be installed and maintained as depicted in the approved lighting schematic. No additional permanent exterior lighting is authorized. Approved plans are incorporated into this permit by reference. Done and ordered this 8th day of January 2015, in Tallahassee, Florida. Attachment: General Permit Conditions FILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to S120.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. State of Florida Department of Environmental Protection Celora Douse Jackson, Engineer IV Deputy Clerk Date Coastal Construction Control Line Division of Water Resource Management NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under sections 120.569 and 120.57, Florida Statutes, before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application. Petition for Administrative Hearing A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57, Florida Statutes. Pursuant to rule 28-106.201, Florida Administrative Code, a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency’s file or ident ification number, if known; (b) The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioner’s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner’s substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; 01/07/2015 PERMITTEE: City of Sunny Isles Beach PERMIT NUMBER: DA-679 PAGE 4 (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action; (f) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency’s proposed action, includ ing an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency’s proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with rule 62-110.106(3), Florida Administrative Code, petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under section 120.60(3), Florida Statutes, must be filed within 21 days of publication of the notice or within 21 days of receipt of t he written notice, whichever occurs first. Under section 120.60(3), Florida Statutes, however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under sections 120.569 and 120.57, Florida Statutes, or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205, Florida Administrative Code. Extension of Time Under rule 62-110.106(4), Florida Administrative Code, a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. PERMITTEE: City of Sunny Isles Beach PERMIT NUMBER: DA-679 PAGE 5 Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to section 120.68, Florida Statutes, by filing a Notice of Appeal pursuant to rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. The Agency will not publish or require the person requesting a permit to publish in a newspaper a notice of receipt of the permit application or notice of Agency action granting or denying the permit. Persons receiving a permit are advised that interested parties who become aware of Agency action approving or denying the permit, or who observe work on the project within certain time frames without any prior notice, may have rights to petition for an administrative hearing under Chapter 120, F.S. For this reason, it may be in the best interest of the person proposing the activity to publish, at its expense, a one-time “Notice of Permit Issuance” in a newspaper of general circulation in the county where the activity is located meeting the requirements of Chapter 50, F.S. Agency staff can provide persons with the information for such a notice upon request. Persons who are substantially affected by the proposed action may petition for an administrative hearing within the time frames specified in the notice and Chapter 120, F.S. Florida Department of Environmental Protection (DEP) Division of Water Resource Management Coastal Construction Control Line Program 2600 Blair Stone Road, Mail Station 3522 Tallahassee, Florida 32399-2400 (850) 245-8336 General Conditions for General Permits Section 62B-34.050, Florida Administrative Code (1) The terms, conditions, requirements, limitations, and restrictions set forth in this section are general conditions and are binding upon the permittee for all General Permits in this rule chapter. These conditions are enforceable under Chapter 161, F.S. (2) Prior to commencing construction activities under this rule chapter, which are authorized by this Bureau, a formal notification from the Bureau must be received authorizing the proposed activity. The notice form, DEP Form 73-102 (Updated 7/05), entitled “General Permit Notice to Proceed” is hereby incorporated by reference. (3) A copy of the Notice to Proceed and the approved plans shall be conspicuously displayed at the project site for the duration of the activity. (4) A preconstruction conference shall be held at the site between the contractor, the owner or authorized agent, and a staff representative of the Bureau prior to the initiation of any work permitted under this rule chapter. The purpose of this conference is to establish the manner in which the proposed work will be performed to ensure adequate protection of the beach and dune system and native vegetation. The optimum siting of the construction fence and any walkover shall be determined during the pre-construction conference by the staff representative in order to provide maximum protection to the existing vegetation located on the site. The locations of the proposed structures shall be staked out for the preconstruction conference. (5) A foundation location certification shall be completed by the applicant, signed by a surveyor licensed in the state of Florida, and submitted to the Bureau immediately following installation of the foundation piles for the most seaward major structure authorized by this General Permit. This certification shall be submitted using DEP Form 73-114B (Updated 9/05) entitled “Foundation Location Certification,” which is hereby incorporated by reference. The Department shall perform such verification within seven (7) working days of receipt of the certification. If the Department does not respond to the certification within seven (7) working days then construction may proceed. No further work may proceed until the Department has verified the foundation location information and authorized additional work to proceed. (6) The permittee shall carry out the construction or activity for which the permit was granted in accordance with the plans and specifications that were approved by the Department as part of the permit. No other construction or activities shall be conducted. No modifications to project size, location, or structural design are authorized. (7) Permits shall be suspended or revoked for good cause, in accordance with Section 161.053(20), F.S. In addition, a permit shall be suspended, revoked or modified by the Department if shoreline changes occurring subsequent to issuance of the permit render the previously authorized activities inconsistent with Chapter 161, F.S., or Chapter 62B-34, F.A.C. (8) The assessment of civil fines or issuance of an order to alter or remove any work, or both, may result from work performed that was not authorized in the permit, pursuant to Section 161.054, F.S., and Chapter 62B-54, F.A.C. (9) The permittee shall conduct the construction or activity authorized under the permit using extreme care to prevent any adverse impacts to the beach and dune system, marine turtles and their nests and nesting habitat, and adjacent properties and structures. (10) The permittee shall allow any duly authorized member of the staff to enter upon the premises associated with the project authorized by the permit for the purpose of ascertaining compliance with the terms of the permit and with the rules of the Department. (11) The state of Florida, the Department, or its officers and employees shall in no way be liable for any damage, no matter how occasioned and no matter what the amount, to persons or property which might result from the construction or activity authorized under the permit and from any and all claims and judgments resulting from such damage. (12) The permittee shall not disturb existing beach and dune topography and vegetation except as expressly authorized in Part II of this rule chapter. Before the project is considered complete, any disturbed topography or vegetation shall be restored as prescribed in the permit with suitable fill material or revegetated with appropriate beach and dune vegetation. (13) No construction, operation, transportation, or storage of equipment or materials is authorized seaward of the dune crest or rigid coastal structure. (14) All fill material placed seaward of the Coastal Construction Control Line shall be sand that is similar to that already existing on the site in both coloration and grain size. All such fill material shall be free of construction debris, rocks, clay, or other foreign matter, and shall be obtained from a source landward of the Coastal Construction Control Line. (15) To ensure compliance with this rule, all topographic restoration and revegetation work is subject to the approval and acceptance by the Department staff. General Conditions for General Permits (effective November 21, 2005) Page 1 (16) No temporary lighting of the construction area is authorized during the marine turtle-nesting season (May 1 through October 31 of each year for all counties except for Brevard, Indian River, St. Lucie, Martin, Palm Beach and Broward. Nesting season for these counties is the period from March 1 through October 31 of each year.). (17) This permit is issued to a specified property owner and is not valid for any other person. (18) This General Permit does not eliminate the necessity to obtain any required federal, state, local, and special district authorizations prior to the start of activity authorized by Part II of this rule chapter. (19) Elevated walkovers that provide access to the beach shall meet the following design criteria: (a) The decking of the walkover structure shall be elevated a sufficient distance above the existing vegetation to allow for sand build-up and clearance above the vegetation and not exceed 4 feet in width. (b) The piles for the walkover structure shall not be greater that 4-inch by 4-inch posts and shall not be encased in concrete. (c) The walkover shall extend at least up to the existing line of vegetation but not farther than 10 feet seaward of the vegetation. (d) Where armoring exists and no vegetation line exists seaward of the armoring, the walkover shall extend a maximum of 5 feet seaward of the armoring. (e) The optimum siting of the walkover structure shall be determined by the staff representative during the pre-construction conference to provide maximum protection to the existing dune topography and vegetation located on the site. (20) The duration for all permits is two years. (21) Final certification, by an engineer or architect licensed in the state of Florida, shall be provided to the Department within thirty (30) days following completion of the work on major structures. This certification shall state that all locations and elevations specified by the permit have been verified; all major structures are specifically constructed in accordance with Chapter 62B-34, F.A.C.; other construction and activities authorized by the permit have been performed in compliance with the plans and project description approved as a part of the permit, and all conditions of the permit; or shall describe any deviations from the approved plans, project description or permit conditions, and any work not performed. Such certification shall not relieve the permittee of the provision contained in subsection 62B-34.050(6), F.A.C. The final certification shall be submitted using DEP Form 73-115B (Updated 7/05), entitled “Final Certification,” which is hereby incorporated by reference. General Conditions for General Permits (effective November 21, 2005) Page 2