Okaloosa County BOCC — October 21, 2014 — Attachment I - FDEP Beaches & Shores Permit — reading text

ATTACHMENT I Gian) STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of Water Resource Management Coastal Construction Control Line 2600 Blair Stone Road- Mail Station 3522 Tallahassee, Florida 32399-2400 (850) 245-8336 PERMIT NUMBER: OK-484 PERMITTEE PGB Partnership, LTD c/o Ong-In Shin, P.E. Florida Coastal Development Consulting, Inc. 4654 East Highway 20 Niceville, Florida 32578 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 August 23, 2013, and was determined to be complete pursuant to rule on November 13, 2013. The proposed project is landward of the 30-year erosion projection and the existing line of the construction established by major structures in the immediate area. 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. The direct and cumulative impacts to the beach and dune system that will be caused by the seaward location and shore- parallel width of the proposed construction represent the maximum such impacts that are acceptable to the Department. Therefore, future construction on the site seaward of the coastal construction control line shall not extend further seaward of, or increase the shore-parallel coverage occupied by, the proposed structures approved pursuant to this permit. 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 below, pursuant to Section 161 .053(4), Florida Statutes. EXPIRATION DATE: February 11, 2017 LOCATION: Between approximately 129 feet east and 73 feet west of the Department of Environmenial Protection's reference monument R-7, in Okaloosa County. Project address: 560 Santa Rosa Boulevard. PROJECT DESCRIPTION: Swimming Pool i, Location relative to control line: A maximum of approximately 18.8 feet seaward. Z Exterior dimensions: 37.1 feet in the shore-normal direction by 46.1 feet in the shore-parallel direction. ATTACHMENT Ida °{!10) PERMITTEE: PGB Partnership. LTD PERMIT NUMBER: OK-484 PAGE 2 By Type of foundation: Piles. 4, Deck elevation of swimming pool: +12.5 feet (NGVD). 5. Maximum depth of pool: 5 feet. Excavation/Fill 1, Total volume of excavation: Approximately 50 cubic yards. Volume of net excavation: None; excavated material to be placed as fill on the project site. 2, Location of excavation: From 0 feet to 20 feet seaward of the control line. 3, Maximum depth of excavation: To elevation +7.0 feet (NAVD); 2 feet to 5 feet below existing grade. 4, Volume of fill to be placed: Approximately 50 cubic yards. 5. Location of fill to be placed: From approximately 0 feet to 26 feet seaward of the control line. Other Structures/Activities 1, A 6-foot wide dune walkover structure to be constructed seaward on the west end of the poo! deck. 2, A paver deck surrounding the pool a maximum distance of 26.1 feet seaward of the control line. 3. A frangible, 2-foot high, concrete masonry unit (CMU) wall to be constructed around and underneath the proposed pool deck. The deck is to extend a maximum distance of 26.1 feet seaward of the control line. 4, A 4-foot high aluminum pool fence to be installing along the perimeter of the pool deck a maximum of 26.1 feet seaward of the control line. 5. Swimming pool deck lights and interior swimming pool lights. SPECIAL PERMIT CONDITIONS: I, 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. Contact Reginald Bradley at 850-449- 8045 to schedule an appointment. The proposed locations of the structures shall be staked out for the conference. ATTACHMENT I Cs + {D) PERMITTEE: PGB Partnership, LTD PERMIT NUMBER: OK-484 PAGE 3 to 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 by the staff representative of the Department so as to provide maximum protection to the existing vegetation located on the site. The deck of the walkover structure shall be set to maintain a minimum elevation above the existing dune vegetation, and the width of the structure shall not exceed 4 feet. The piles for the walkover structure shall not be greater than 6-inch by 6-inch posts and shall not be encased in concrete. The walkover shall extend at least up to the existing line of vegetation but not further than 10 feet seaward of the vegetation. All imported fill material shall be obtained from a location landward of the control line. All fill material placed seaward of the control line shall consist of sand that is similar to the native sand of the placement site in both coloration and grain size and is free of construction debris, rocks, clay, or other foreign matter. All lighting shall be installed and maintained as depicted in the approved lighting schematic. Underwater pool lighting shall be amber or red LED or equivalent and provide no more than '4 foot candle per square foot of pool surface area. No additional permanent or temporary exterior lighting is authorized. CAVEAT: Due to potential adverse impacts to the beach and dune system that may result from additional development on the property, the shore-parallel and seaward extent of the permitted structures shall not be increased, nor will any additional major structures be permitted which would exceed the limits established by the permitted construction seaward of the coastal construction control line. Approved plans are incorporated into this permit by reference. Done and ordered this 11th day of February 2014, in Tallahassee, Florida. Attachment: General Permit Conditions FILING AND ACKNOWLEDGEMENT State of Florida FILED, on this date, pursuant to $120.52 Department of Environmental Protection Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. a f Af AN bike 02/11/2014 Tony D. McNeal, P.E., Administrator Deputy Clerk Date Coastal Construction Control Line Program Division of Water Resource Management ATTACHMENT ra ¢ e) v PERMITTEE: PGB Partnership, LTD PERMIT NUMBER: OK-484 PAGE 4 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 identification number, if known; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding: and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action: (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action. including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with rule 62-110.106(3), Florida Administrative Code, petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under section 120.60(3), Florida Statutes, must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under section 120.60(3), Florida Statutes, however, any person who has asked the Department for notice of agency action may file a petition 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. ATTACHMENT [7 C5 al) PERMITTEE: PGB Partnership, LTD PERMIT NUMBER: OK-484 PAGE 5 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