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HomeMy Public PortalAbout2000 Modification Permitt _ FLORIDA � �, Environmental Protection Jeb Bush Governor Department of Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard David B. Struhs Tallahassee, Florida 32399-3000 Secretary October 2, 2000 Key Biscayne Ocean Club Limited Partnership c/o Laura Shepherd, Permit Specialist Coastal Systems International, Inc. 464 South Dixie Highway Coral Gables, Florida 33146 Dear Mr. Hodges: NOTICE TO PROCEED WITHHELD MODIFICATION PERMIT NUMBER: DA -337 M2 PERMITTEE NAME: Key Biscayne Ocean Club Limited Partnership Your request for modification of the previously issued permit pursuant to Section 161.053, Florida Statutes, for construction or other activities seaward of the coastal construction control line, has been administratively approved by the Department of Environmental Protection. However, construction may not commence until after the permittee has received a notice to proceed in accordance with Special Permit Condition 1, and the permittee complies with any preconstruction requirements described in Special Permit Condition 2. Please read the permit and permit conditions including both the Standard Permit Conditions and any Special Permit Conditions closely before starting construction. Standard Permit Conditions 1(q), 1(r), and 1(s) pertain to written reports which must be submitted to the Department of Environmental Protection under the signature and seal of a professional engineer, architect, or land surveyor (as appropriate) at specified times. Forms for use in preparation of these reports are enclosed. Make sufficient copies of the periodic report form to provide the required reports. The periodic reports are due in the office of the Office of Beaches and Coastal Systems on a monthly basis on the last working day of each month. No progress reports are required until such time as construction activities have started. Failure to comply with the permit, including the various reporting requirements contained in the permit conditions, will result in issuance of a violation notice or order to cease and desist all activities authorized by the permit. The Department may order illegal construction removed and legal remedies pursuant to Chapter 161 and 775, Florida Statutes, including but not limited to fines of up to $10,000 for each day of violation. Any notice of violation, including notice of delinquent periodic reports, will be mailed directly to the property owner. The permit will expire on January 10, 2002. Upon receipt of a written request signed by the permittee or authorized agent, the Department will consider extending the time limit of the permit. 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. "More Protection, Less Process- P.tnr..l nn , ,,-far, Ann.. Laura Shepherd, Permit Specialist October 2, 2000 Page 2 Any person whose substantial interests are affected by any decision of the Department on the application has the right to request an administrative hearing in accordance with the provisions of Sections 120.569 and 120.57 of the Florida Statutes. Should you desire an administrative hearing, your request must comply with the provisions of Rule 28-106.201 of the Florida Administrative Code, as indicated below. Send requests for hearings to the Department of Environmental Protection, Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399. The Department must receive the request within twenty-one days after your receipt of this notice. When the Department receives an adequate and timely filed request for hearing, the Department will request the assignment of an administrative law judge. Once an administrative law judge is requested, the referring agency will take no further action with respect to the proceeding except as a party litigant, as long as the Division of Administrative Hearings has jurisdiction over the formal proceeding. Rule 28-106.201(2) of the Florida Administrative Code requires that a petition or request for hearing contain the following information: (1) The name and address of each agency affected and each agency's file or identification number, if known; (2) 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 will be affected by the agency determination; (3) A statement of when and how the petitioner received notice of the Department's action; (4) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (5) A concise statement of ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the Department's proposed action; (6) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the Department's proposed action; and (7) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Department's proposed action. A person may request an extension of time to petition for an administrative hearing. The person filing the request for extension must do so within the time limits for filing a petition described above and serve all parties with the request. The request must state why an extension is needed. The Department will grant an extension only when good cause is shown. If a petition or request for extension of time is filed, further order of the Department becomes necessary to effectuate this notice. Accordingly, the Department's final action may be different from the position taken by it in this notice. Actions undertaken by you under this permit, pending the lapse of time allowed for the filing of such a request for hearing, may be subject to modification, removal, or restoration. Laura Shepherd, Permit Specialist October 2, 2000 Page 3 Failure to petition within the allowed time frame constitutes waiver of any right that such a person has to request a hearing under Section 120.57 of the Florida Statutes and to participate as a party to the proceeding. If a legally sufficient petition for hearing is not timely received this notice constitutes final agency action. When this order becomes final, any party to the order has the right to seek judicial review under Section 120.57 of the Florida Statutes and Rule 9.030(b)(1) and 9.110 of the Florida Rules of Appellate Procedure by filing a notice of appeal with the Department of Environmental Protection, Office of General Counsel, Department Clerk, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399, and with the appropriate district court of appeal within thirty days after this final order is filed with the Department Clerk. The notice filed with the district court must be accompanied by the filing fee specified in Subsection 35.22(3) of the Florida Statutes. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed under Rule 28- 106.205, Florida Administrative Code. A person whose substantial interests are affected by the Department's proposed agency action may choose to pursue mediation as an alternative remedy under Section 120.573 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. A person may pursue mediation by reaching a mediation agreement with all parties to the proceeding (which include the applicant, the Department, and any person who has filed a timely and sufficient petition for a hearing) and by showing how the substantial interests of each mediating party are affected by the Department's action or proposed action. 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, by the same 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 the 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 of the Florida Statutes, the timely agreement of all parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57 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 results in settlement of the administrative dispute, the Department must enter a final order incorporating the agreement of the Laura Shepherd, Permit Specialist October 2, 2000 Page 4 parties. Persons whose substantial interest 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 set forth above, and must therefore file their petitions within twenty-one 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 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. You are advised that notice of this agency's final action on this permit has interested parties. They have twenty-one days from receipt of the notice to exercise have under Chapter 120, Florida Statutes. Actions undertaken by you under this period may be subject to modification, removal or restoration. The authorized work is strictly limited to that described on the enclosed final any questions pertaining to this permit to me by letter at the above address, or by 4475. Sincerely, ?1,67 -V( - J. B. Manson-Hing, Engineer Office of Beaches and Coastal Systems been given to other any rights they may permit, during this order. Please direct telephone 850/487- JBMH/kbc Enclosures cc: Permit File Permit Information Center Mark Taynton, Field Inspector Key Biscayne Ocean Club Limited Partnership, Property Owner Village of Key Biscayne Building Official STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Office of Beaches and Coastal Systems 3900 Commonwealth Blvd. - Mall Station 300 Tallahassee, Florida 32399-3000 (850) 488-3180 PERMIT NUMBER: DA -337 M2 PERMITTEE Key Biscayne Ocean Club Limited Partnership c/o Coastal Systems International, Inc. 464 South Dixie Highway Coral Gables, Florida 33146 SECOND MODIFICATION OF A PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES PURSUANT TO SECTION 151.053, FLORIDA STATUTES FINAL ORDER FINDINGS OF FACT: An application for authorization to conduct altered or additional work seaward of the coastal construction control line as shown in the project description of this second modified permit was filed by the applicant/permittee on June 22, 2000, and was determined to be complete pursuant to rule on August 25, 2000. Authorization to conduct activities as originally permitted was approved on January 10, 1997, and was subsequently modified on June 11,1997. The proposed project is to be located landward of the 30 -year erosion projection and the existing line of 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 modified 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 Rule 62B-33.007, Florida Administrative Code, and that it is an activity or type of construction which the designee of the Director of the Office of Beaches and Coastal Systems has authority to approve or deny pursuant to Deputy Secretary Directive "Delegation of Authority", effective July 1, 1999. The direct and cumulative impacts to the beach and dune system that will be caused by both 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 designee 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 Standard Permit Conditions which are attached and are by this reference incorporated herein, and any additional conditions shown below, pursuant to Subsection 161.053(5), Florida Statutes. EXPIRATION DATE: January 10, 2002. LOCATION: Between approximately 500 feet north and 600 feet south of the Department of Environmental Protection's reference monument R-106, in Dade County. Project address: 701-799 Crandon Boulevard, Key Biscayne, Florida. PERMITTEE: Key Biscayne Ocean Club Limited Partnership PERMIT NUMBER: DA -337 M2 PAGE 2 PROJECT DESCRIPTION: Snack Bar 1. Location relative to control line: A maximum of 88 feet seaward. 2. Exterior dimensions: 55 feet by 55 feet 3. Type of foundation: 14 -inch diameter augercast piles. 4. Penetration of piles: To elevation -30.0 feet (NGVD) or deeper. 5. Floor elevation: +18.0 feet (NGVD). 6. Structural elevation: +17.0 feet (NGVD). Restroom 1. Location relative to control line: A maximum of 30 feet seaward. 2. Exterior dimensions: 23.8 feet by 23.8 feet. 3. Type of foundation: 14 -inch diameter piles. 4. Penetration of piles: To elevation -30.0 feet (NGVD). 5. Floor elevation: +18.0 feet (NGVD). 6. Pile cap elevation: +17.0 feet (NGVD). Irregular -shaped Swimming Pool 1. Location relative to control line: A maximum of 190 feet seaward. 2. External dimensions: 195 feet in a general shore -normal direction by 130 feet in a general shore -parallel direction. 3. Type of foundation: 6 -inch concrete slab with shotcrete walls. 4. Deck elevation of swimming pool: +10.0 feet (NGVD). 5. Bottom elevation of swimming pool: +4.0 feet (NGVD). 6. Maximum depth of swimming pool: 6 feet. 7. Height of pool above existing grade: 4 feet. PERMITTEE: Key Biscayne Ocean Club Limited Partnership PERMIT NUMBER: DA -337 M2 PAGE 3 Children's Pool 1. Location relative to control line: A maximum of 195 feet seaward. 2. Exterior dimensions: 16 feet in diameter. 3. Type of foundation: 6 -inch slab with shotcrete wall. 4. Deck elevation of pool: +10.0 feet (NGVD). 5. Bottom elevation of pool: +8.7 feet (NGVD). 6. Maximum depth of pool: 1 foot. 7. Height of pool above existing grade: 2 feet. 7-1- Seventy -One Fenced Cabanas with Paver -Block Patio Decks 1. Location relative to control line: Cabanas: A maximum of 225 feet seaward. Patios: A maximum of 200 feet seaward. Fences: A maximum of 215 feet seaward. 2. Exterior dimensions: Length 28 feet by width 14.8 feet with paver -block patio 13.5 feet by 14.8 feet 3. Type of construction: Each cabana is to be constructed as single, double, triple, and six -unit structures on a 4 -inch concrete slab with thickened edges; each patio and entry walkway are to be constructed with paver blocks on compacted sand material; 4 -foot wide wooden trellises are to be cantilevered from the sides of each group of cabanas; 2 -foot high metal privacy fences are to be constructed around each group of cabanas and patios. 4. Elevation of floor: +10.0 feet (NGVD). Twelve Wing Walls 1 Location relative to control line: Varies between 5.7 feet and 7.7 feet seaward, 2. Exterior dimensions: 7.7 feet shore -normal by 2 feet shore -parallel. 3 Type of foundation: 7.7 -foot by 2 -foot by 1 -foot concrete footers. 4. Type of construction: 8 -inch wide concrete block wall 6.4 feet shore -normal by 5.5 feet high supported by the footer and tied to an 8 -inch by 12 -inch concrete capping beam at elevation + 12.01 feet (NGVD), to he covered with a 6.4 feet by 2 feet precast concrete cap, and attached to the seaward walls of the PERMITTEE: Key Biscayne Ocean Club Limited Partnership PERMIT NUMBER: DA -337 M2 PAGE 4 to be covered with a 6.4 feet by 2 feet precast concrete cap, and attached to the seaward walls of the north cabana structure located landward of the control line. The space above the precast concrete cap to be filled in with a 4,75 -foot by 4.75 -foot wood lattice. Trellis 1 Location relative to control line: Varies between 6,2 feet and 8.2 feet seaward, 2. Exterior dimensions: 8.2 feet shore -normal by 148 shore -parallel. 3. Type of foundation: 8 -inch by 16-iiich concrete column and 4 -inch by 4 -inch metal column with centers 5.7 feet apart to be supported on the wall footers. 4. Type of construction: 6 -inch by 12 -inch timber beam spanning the concrete and the metal columns in the shore -parallel direction with 4 -inch by 10 -inch wood joists at 20 -inch centers to span the timber beams in the shore -normal direction, and 2 -inch by 2 -inch wood strips at 6 -inch centers nailed to the joists in the shore -parallel direction, and connecting the twelve wing walls. Ten Wing Walls 1 Location relative to control line: Varies between 0.85 feet and 7.7 feet seaward. 2. Exterior dimensions: 7.7 feet shore -normal by 2 feet shore -parallel. 3. Type of foundation: 7.7 -foot by 2 -foot by 1 -foot concrete footers. 4. Type of construction: 8 -inch wide concrete block wall 6.4 feet shore -normal by 5.5 feet high supported by the footer and tied to an 8 -inch by 12 -inch concrete capping beam at elevation +12.01 feet (NGVD), to be covered with a 6.4 feet by 2 feet precast concrete cap, and attached to the seaward walls of the south cabana structure located landward of the control line. The space above the precast concrete cap to be filled in with a 4.75 -foot by 4.75 -foot wood lattice. Trellis 1 Location relative to control line: Varies between 0.9 feet and 8.2 feet seaward. 2. Exterior dimensions: 8.2 feet shore -normal by 148 shore -parallel, 3. Type of foundation: 8 -inch by 16 -inch concrete column and 4 -inch by 4 -inch metal column with centers 5.7 feet apart to be supported on the wall footers. 4. Type of construction: 6 -inch by 12 -inch timber beam spanning the concrete and the metal columns in the shore -parallel direction with 4 -inch by 10 -inch wood joists at 20 -inch centers to span the timber beams in the shore -normal direction, and 2 -inch by 2 -inch wood strips at 6 -inch centers nailed to the joists in the shore -parallel direction, and connecting the ten wing walls. PERMITTEE: Key Biscayne Ocean Club Limited Partnership PERMIT NUMBER: DA -337 M2 PAGE 5 Excavation/Fill 1. Total volume of excavation: Approximately 1,200 cubic yards. 2. Location of excavation: From 0 feet to 220 feet seaward of the control line. 3. Maximum depth of excavation: 3 feet. 4. Net volume of fill to be placed: 4,800 cubic yards. 5. Location of fill to be placed: From 0 feet to 250 feet seaward of the control line. 6. Volume of net excavation: None. Other Stnictures/Activities 1. A paver -block deck surrounding the snack bar varying in width from 10 feet to 25 feet to be located a maximum of 100 feet seaward of the control line. 2. A paver -block deck attached to the periphery of the swimming pool varying in width from 8 feet to 60 feet to be located a maximum of 230 feet seaward of the control line. 3. Ten paver -block decks of dimensions 10 feet shore -normal by 15 feet shore -parallel to be attached to cabanas for Tower I, to be separated by wooden privacy walls, and to be located a maximum of 10 feet seaward of the control line. 4. Nine paver -block decks of dimensions 10 feet shore -normal by 15 feet shore -parallel to be attached to cabanas for Tower II, to be separated by wooden privacy walls, and to be located a maximum of 10 feet seaward of the control line. 5. Seven -foot wide paver -block walkways to be located a maximum of 234 feet seaward of the control line. 6. 340 linear feet of retaining wall surrounding the snack bar deck and restroom to be located a maximum of 138 feet seaward of the control line. 7. A metal picket fence of dimension 985 feet shore -parallel with the south returns of dimension 65 feet shore -normal to be constructed on existing bulkhead cap, and to be located a maximum of 240 feet seaward of the control line. 8. A sideyard concrete block wall with metal pickets of dimension 225 feet shore -normal to be located at the north property line, a maximum of 225 feet seaward of the control line. 9. A sideyard concrete block wall with metal pickets of dimension 180 feet shore -normal to be located at the south property line and a maximum of 180 feet seaward of the control line. 10. Four open showers of dimensions 6 feet shore -normal by 7 feet shore -parallel with paver -block floors to be located a maximum of 220 feet seaward of the control line. PERMITTEE: Key Biscayne Ocean Club Limited Partnership PERMIT NUMBER: DA -337 M2 PAGE 6 11. Four wooden platforms of dimensions 4 feet (maximum) shore -normal by 5 feet shore -parallel to be located a maximum of 245 feet seaward of the control line. 12. Repairs to the existing concrete bulkhead and replacing all deteriorated and inadequate tierod and deadmen to be located a maximum of 240 feet seaward of the control line. 13. Dune restoration, landscaping and installation of water and sewerage facilities to be conducted a maximum of 250 feet seaward of the control line. SPECIAL PERMIT CONDITIONS: 1. No work shall be conducted under this permit until the permittee has received a notice to proceed from the Department. Prior to receiving a notice to proceed, the permittee shall provide the Department staff with the following items which shall be subject to review and acceptance of staff: 4-.4 1.1. A copy of the building permit or other final approval from the Village of Key Biscayne for the additional structures. A schedule of construction activities which will be conducted at the site for the completion of the project. 1.3. The permit fee in the sum of $1000.00 for two sets of wing walls with trellises. 2. Prior to the start of construction, a preconstruction conference shall be held at the site among the contractor, the owner or authorized agent, and a staff representative of the Office of Beaches and Coastal Systems to establish an understanding among the parties as to the items specified in the special and standard conditions of the permit. The coastal construction control line, the erosion control line and the proposed locations of the additional structures shall be staked out for the conference. designed and constructed to break pan 5 feet during a -majer erfn event, 4 columns for the proposed metal picket fence. 8: 7. Dune restoration and landscaping activities seaward of the control line shall utilize only native salt - resistant beach/dune vegetation such as sea grapes, sea oats, sea lavender, and cordgrass. Other native beach/dune salt -resistant species may be planted upon prior approval of the Office staff. The planting of scaevola frutescens is not authorized. Deputy Clerk PERMI i i'BE: Key Biscayne Ocean Club Limited Partnership PERMIT NUMBER: DA -337 M2 PAGE 7 9 8 Construction, operation, transportation or storage of equipment or materials shall not be conducted seaward of the existing bulkhead during the marine turtle nesting period from March 1 through October 31. -1-0 9. All permanent exterior lighting shall be installed and maintained as depicted in the approved lighting shall be installed and maintained as depicted in the approved lighting schematic. No additional permanent 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. Modified approved plans are incorporated into this permit by reference, as are any previously approved plans which are not superseded by modified approved plans. This modified permit, with the referenced attachments, comprises the entire permit, and supersedes the permit as previously issued. Done and ordered this 2day of Attachment: Standard 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. R,rti/1,, .Q,r- 2000, in Tallahassee, Florida. 2/2-7 6- (CD Date State of Florida Department of Environmental Protection l% . A (-J4Li Allen P. Hubbard, P.E. Administrator Office of Beaches and Coastal Systems