HomeMy Public PortalAbout2000 DEP Permit for construction or other activities seaward of the coastal construction control line.tifo6U':rT ON
Department of
g FLOR, 1 Environmental Protection
Jeb Bush
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard David B. Struhs
Tallahassee, Florida 32399-3000 Secretary
July 19, 2000
Coastal Systems International, Inc.
464 South Dixie Highway
Coral Gables, Florida 33146
Dear Sir/Madam:
NOTICE TO PROCEED WITHHELD
PERMIT NUMBER: DA -402
PERMITTEE NAME: Village of Key Biscayne
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. 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), 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.
The permit will expire July 17, 2003. 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.
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.
"More Protection, Less Process"
Printed on recycled 000er
Coastal Systems International, Inc.
July 19, 2000
Page 2
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.
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
Coastal Systems International, Inc.
July 19, 2000
Page 3
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 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
Coastal Systems International, Inc.
July 19, 2000
Page 4
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 been given to
other interested parties. They have twenty-one days from receipt of the notice to exercise any rights
they may have under Chapter 120, Florida Statutes. Actions undertaken by you under this permit,
during this period may be subject to modification, removal or restoration.
The authorized work is strictly limited to that described on the enclosed final order. Please
direct any questions pertaining to this permit to me by letter at the above address, or by telephone
at 850/487-4475.
Sincerely,
J. pi
anson-Hing, Engineer
Office of Beaches and Coastal Systems
JBMH/dw
Enclosures
cc: Permit Information Center
Mark Taynton, Field Inspector
Village of Key Biscayne, Property Owner
��4 " ,
' ' 1 - ' " _
f F L O R r D A V E S E I g e g e Z e i n f i k e l a r
P E R M I T T E E
V i l l a g e o f K e y B i s c a y n e
c / o C o a s t a l S y s t e m s I n t e r n a t i o n a l , I n c .
4 6 4 S o u t h D i x i e H i g h w a y
C o r a l G a b l e s , F l o r i d a 3 3 1 4 6
S T A T E O F F L O R I D A
D E P A R T M E N T O F E N V I R O N M E N T A L P R O T E C T I O N
O f f i c e o f B e a c h e s a n d C o a s t a l S y s t e m s
3 9 0 0 C o m m o n w e a l t h B l v d . - M a i l S t a t i o n 3 0 0
T a l l a h a s s e e , F l o r i d a 3 2 3 9 9 - 3 0 0 0
( 8 5 0 ) 4 8 8 - 3 1 8 0
P E R M I T N U M B E R : D A - 4 0 2
P E R M I T F O R C O N S T R U C T I O N O R O T H E R A C T I V I T I E S
P U R S U A N T T O S E C T I O N 1 6 1 . 0 5 3 , F L O R I D A S T A T U T E S
F I N A L O R D E R
F I N D I N G S O F F A C T : A n a p p l i c a t i o n f o r a u t h o r i z a t i o n t o c o n d u c t t h e a c t i v i t i e s s e a w a r d o f t h e
c o a s t a l c o n s t r u c t i o n c o n t r o l l i n e w h i c h a r e i n d i c a t e d i n t h e p r o j e c t d e s c r i p t i o n w a s f i l e d b y t h e
a p p l i c a n t / p e r m i t t e e n a m e d h e r e i n o n J u n e 2 3 , 1 9 9 9 , a n d w a s d e t e r m i n e d t o b e c o m p l e t e p u r s u a n t
t o r u l e o n J u n e 8 , 2 0 0 0 . T h e p r o p o s e d p r o j e c t i s a r e d e v e l o p m e n t o f t h e e x i s t i n g s i t e w h i c h w a s
c l e a r e d o f t h e p r e v i o u s l y e x i s t i n g s t r u c t u r e s a n d i s t o b e l o c a t e d l a n d w a r d o f t h e 3 0 - y e a r e r o s i o n
p r o j e c t i o n a n d t h e e x i s t i n g l i n e o f c o n s t r u c t i o n e s t a b l i s h e d b y m a j o r s t r u c t u r e s i n t h e i m m e d i a t e
a r e a .
C O N C L U S I O N S O F L A W : A f t e r c o n s i d e r i n g t h e m e r i t s o f t h e p r o p o s a l a n d a n y w r i t t e n
o b j e c t i o n s f r o m a f f e c t e d p e r s o n s , t h e D e p a r t m e n t f i n d s t h a t u p o n c o m p l i a n c e w i t h t h e p e r m i t
c o n d i t i o n s , t h e a c t i v i t i e s i n d i c a t e d i n t h e p r o j e c t d e s c r i p t i o n a r e o f s u c h a n a t u r e t h a t t h e y w i l l
r e s u l t i n n o s i g n i f i c a n t a d v e r s e i m p a c t s t o t h e b e a c h / d u n e a r e a s o r t o a d j a c e n t p r o p e r t i e s ; t h a t t h e
w o r k i s n o t e x p e c t e d t o a d v e r s e l y i m p a c t n e s t i n g s e a t u r t l e s , t h e i r h a t c h l i n g s , o r t h e i r h a b i t a t ; t h a t
t h e w o r k i s e x p e n d a b l e i n n a t u r e a n d / o r i s a p p r o p r i a t e l y d e s i g n e d i n a c c o r d a n c e w i t h R u l e 6 2 B -
3 3 . 0 0 7 , F l o r i d a A d m i n i s t r a t i v e C o d e ; a n d t h a t i t i s a n a c t i v i t y o r t y p e o f c o n s t r u c t i o n w h i c h t h e
d e s i g n e e o f t h e D i r e c t o r o f t h e O f f i c e o f B e a c h e s a n d C o a s t a l S y s t e m s h a s a u t h o r i t y t o a p p r o v e
o r d e n y p u r s u a n t t o D e p u t y S e c r e t a r y D i r e c t i v e " D e l e g a t i o n o f A u t h o r i t y " , e f f e c t i v e J u l y 1 , 1 9 9 9 .
T h e d i r e c t a n d c u m u l a t i v e i m p a c t s t o t h e b e a c h a n d d u n e s y s t e m t h a t w i l l b e c a u s e d b y b o t h t h e
s e a w a r d l o c a t i o n a n d s h o r e - p a r a l l e l w i d t h o f t h e p r o p o s e d c o n s t r u c t i o n r e p r e s e n t t h e m a x i m u m
s u c h i m p a c t s t h a t a r e a c c e p t a b l e t o t h e D e p a r t m e n t . T h e r e f o r e , f u t u r e c o n s t r u c t i o n o n t h e s i t e
s e a w a r d o f t h e c o a s t a l c o n s t r u c t i o n c o n t r o l l i n e s h a l l n o t e x t e n d f u r t h e r s e a w a r d o f , o r i n c r e a s e
t h e s h o r e - p a r a l l e l c o v e r a g e o c c u p i e d b y , t h e p r o p o s e d s t r u c t u r e s a p p r o v e d p u r s u a n t t o t h i s p e r m i t .
B a s e d o n t h e f o r e g o i n g c o n s i d e r a t i o n s , t h e d e s i g n e e a p p r o v e s t h e a p p l i c a t i o n ; a u t h o r i z e s
c o n s t r u c t i o n a n d / o r a c t i v i t i e s a t t h e l o c a t i o n i n d i c a t e d b e l o w i n s t r i c t a c c o r d a n c e w i t h t h e p r o j e c t
d e s c r i p t i o n , t h e a p p r o v e d p l a n s ( i f a n y ) a n d t h e S t a n d a r d P e r m i t C o n d i t i o n s w h i c h a r e a t t a c h e d
a n d a r e b y t h i s r e f e r e n c e i n c o r p o r a t e d h e r e i n , a n d a n y a d d i t i o n a l c o n d i t i o n s s h o w n b e l o w ,
p u r s u a n t t o S u b s e c t i o n 1 6 1 . 0 5 3 ( 5 ) , F l o r i d a S t a t u t e s .
E X P I R A T I O N D A T E : J u l y 1 7 , 2 0 0 3
PERMITTEE: Village of Key Biscayne
PERMIT NUMBER: DA -402
PAGE 2
LOCATION: Between approximately 305 feet and 410 feet south of the Department of
Environmental Protection's reference monument R-105, in Dade County. Project address: East
End Drive and Ocean Drive, Key Biscayne.
PROJECT DESCRIPTION:
Beach Pavilion
1. Location relative to control line: A maximum of 74 feet seaward.
2. Exterior dimensions: 47 feet in a general shore -normal direction by 53 feet in a general
shore -parallel direction.
3. Type of foundation to support roof: Concrete footings of dimensions 3 feet by 3 feet by
1 foot in depth at perimeter and 16 -inch by 10 -inch continuous concrete footing at center.
4. Elevation of paver -block floor on a sand bed: +11.5 feet (NGVD).
5. Elevation of footing: +8.5 feet (NGVD).
Octagonal Viewing Tower
1. Location relative to control line: A maximum of 98 feet seaward.
2. Exterior dimensions: 12.7 feet shore -normal by 12.7 feet shore -parallel.
3. Type of construction: A continuous concrete perimeter footing of dimensions 2 feet wide
by 1 foot deep supporting a 3.5 -foot high bearing block wall and metal columns to support
the roof and a wooden deck. The concrete floor slab is to be 4 inches in depth with
concrete center footing of dimensions 3 feet by 3 feet by 12 inches deep supporting an
internal spiral staircase 6 feet in diameter.
4. Elevation of concrete floor slab: +9.5 feet (NGVD).
5. Elevation of perimeter footings: +7.5 feet (NGVD).
Men's Restroom
1. Location relative to control line: A maximum of 47.7 feet seaward.
2. Exterior dimensions: 17 feet shore -normal by 17 feet shore -parallel.
PERMITTEE: Village of Key Biscayne
PERMIT NUMBER: DA -402
PAGE 3
3. Type of foundation: A continuous concrete perimeter footing of dimensions 2 feet wide
by 1 -foot deep supporting a 2 -foot high bearing block wall and metal corner posts and
intermediate wooden studs to support the roof and wooden sidings. The concrete floor slab
is to be 4 inches in depth.
4. Elevation of concrete floor slab: +9.5 feet (NGVD).
5. Elevation of footing: +7.5 feet (NGVD).
6. Top of bearing wall: +9.8 feet (NGVD).
Women's Restroom
1. Location relative to control line: A maximum of 28 feet seaward.
2.
Exterior dimensions: 17 feet shore -normal by 17 feet shore -parallel.
3. Type of foundation: A continuous concrete perimeter footing of dimensions 2 feet wide
by 1 -foot deep supporting a 2 -foot high bearing block wall and metal corner posts and
intermediate wooden studs to support the roof and wooden sidings. The concrete floor slab
is to be 4 inches in depth.
4. Elevation of concrete floor slab: +9.5 feet (NGVD).
5. Elevation of footings: +7.5 feet (NGVD).
6. Top of bearing wall: +9.8 feet (NGVD)
Other Structures/Activities
1. A concrete block retaining wall of dimensions 8 inches in width by 3 feet high supported
by a continuous concrete footing of dimensions 2 feet in width by 12 inches in depth to
surround the pavilion area of dimensions 98 feet shore -normal by 53 feet shore -parallel and
to be located a maximum of 95 feet seaward of the control line. Refer to Special Permit
Conditions 1.1 and 3.
2. A 4 -foot by 4 -foot concrete paver -block walkway of dimensions 4 feet shore -normal by 44
feet shore -parallel, to be connected to a 4 -foot by 3 -foot concrete paver -block walkway of
dimensions 31 feet shore -normal by 3.1 feet shore -parallel at the north and south ends, to
be connected to 4 -foot by 3 -foot concrete paver -block walkway of dimensions 3.1 feet
shore -normal by 44 feet shore -parallel, and to be located within the pavilion area a
maximum of 27 feet seaward of the control line.
PERMITTEE: Village of Key Biscayne
PERMIT NUMBER: DA -402
PAGE 4
3. A 4 -foot by 4 -foot concrete paver -block deck of dimensions 20 feet shore -normal by 50.5
feet shore -parallel to be located within the pavilion area a maximum of 94 feet seaward of
the control line.
4. A wooden boardwalk of dimensions 81.5 feet shore -normal by 15.5 feet shore -parallel to
be located a maximum of 90 feet seaward of the control line.
5. A 4 -foot by 4 -foot paver -block deck of maximum width of 10 feet to be attached to the
periphery of the men's restroom and to be located a maximum of 56 feet seaward of the
control line.
6. A 4 -foot by 4 -foot concrete paver block walkway of dimensions 4 feet shore -normal by 24
feet shore -parallel to be connected to two return walkways of dimensions 28 feet shore -
normal by 2 feet shore -parallel at the north end and a return walkway of dimensions 28 feet
shore -normal by 4 feet shore -parallel and to be located a maximum of 85 feet seaward of
the control line.
7. A concrete shower platform of dimensions 15.5 feet shore -normal by 15 feet shore -parallel
to be constructed with joints at 5 -foot centers or less each way to be located a maximum
of 104 feet seaward of the control line.
8. Landscaping and irrigation facilities to be conducted a maximum of 220 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:
Two sets of final certified construction plans and specifications for the retaining
walls showing the control line, the erosion control line, accurate dimensions and
scale. Refer to Special Permit Condition 3.
1.2. A copy of the building permit or other final approval from the Village of Key
Biscayne.
1.3. A schedule of construction activities which will be conducted at the site.
PERMITTEE: Village of Key Biscayne
PERMIT NUMBER: DA -402
PAGE 5
2. 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 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 location of the proposed structures shall be staked
out for the conference.
3. The retaining walls shall be designed and constructed to breakaway in segments not greater
than 5 feet.
4. Landscaping and irrigation shall extend a maximum of 213 feet seaward of the control line.
5. All exterior lighting shall be installed and maintained as depicted on the approved lighting
schematic. No additional permanent exterior lighting on structures or for landscaping 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 coverage 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 r'day of 0—u1/4 ( LA
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.
Deputy Clerk PSate
2000, in Tallahassee, Florida.
State of Florida
Department of Environmental Protection
7 oJ
Al en P. Hubba—rd, P.E. Administrator
Office of Beaches and Coastal Systems