Petitioner: THE CAPRI OF SINGER ISLAND CONDOMINIUM ASSOCIATION, INC.
Respondent: THE REACHES CONDOMINIUM ASSOCIATION, INC., AND DEPARTMENT OF ENVIRONMENTAL PROTECTION
Judges: D. R. ALEXANDER
Agency: Department of Environmental Protection
Locations: West Palm Beach, Florida
Filed: Aug. 13, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 20, 2007.
Latest Update: Nov. 01, 2024
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Water Resource Management
Bureau of Beaches and Coastal Systems
3900 Commonwealth Blvd, - Mail Station 300
Tallahassee, Florida 32399-3000
(850) 488-7708
PERMIT NUMBER: PB-873 AR
PERMITTEE O T- D630
The Reaches Condominium Association, Inc.
c/o Douglas W, Mann, P.E.
Coastal Planning and Engineering, Inc.
2481 Northwest Boca Raton Boulevard
Boca Raton, Florida 33431
_ PERMIT! FOR CONSTRUCTION OR OTHER ACTIVITIES ©
PURSUANT TO SECTION 161.053, FLORIDA STATUTES
FINAL ORDER
FINDINGS OF FACT: An application for authorization to conduct the activities seaward of the
coastal construction control line which are indicated in the project description, was filed by the
applicant/permittee named herein on September 29, 2006, and was determined to be complete |
pursuant to rule on April 9, 2007.
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 are of such a nature that they will result inno 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 approptiately designed in accordance with Rule 62B-33.0051, Florida
Administrative Code; and that it is an activity or type of construction which the Chief of the Bureau
of Beaches and Coastal Systems has authority to approve or deny pursuant to Delegation of
Authority, DEP Directive 100, effective September 27, 2002. Based on the foregoing considerations,
the Bureau Chief 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 arc by this reference incorporated herein, and any
additional conditions shown below, pursuant to Subsection 161.053(5), Florida Statutes.
EXPIRATION DATE: June 29, 2010
LOCATION: Between approximately 130 feet and 460 feet south of the Department of
Environmental Protection's reference monument R-63, in Palm Beach County. Project address:
_ 5280 North Ocean Drive, Singer Island.
PROJECT DESCRIPTION:
_ Anchored Sheetpile Bulkhead and Return Wall Extensions South of Existing Waffle Revetment
1, Location relative to control line: Shore-parallel section varies ftom approximately 144 feet
PERMITTEE: The Reaches Condominium Association, Inc.
PERMIT NUMBER: PB-873 AR:
PAGE 2
scaward at the noith end to approximately 124 feet seaward at the south end.
2. Length of the wall (shore paralicl): 94.5 lincar feet (not including new xetura),
3. Bottom of wall: -13.5 feet (NAVD).
4. Top of cap elevation: +23.0 feet (NAVD).
5. Length of the extended retum walls (added to landward end of existing wafile wall returns):
50 linear feet to the existing north return and 15 feet to existing south return.
6. Length of new south return wall to new bulkhead: 63 linear feet to extend a maximum
distance of 124 feet seaward of the control line.
Minor Reconstruction (Repair) of Existing Waffle-Type Sloped Ammoring
1. Extent of repair: Concrete grouting of existing revetment panéls and joints as necessary by
direct injection of chemical grout.
1.1. Location relative to control line: Varies from approximately 215 feet seaward at the
north end to approximately 210 feet seaward at the southend. -
1.2, Exterior dimensions: Approximately 29 feet in the shore-normal direction by
approximately 230 feet in the shore-parallel direction.
2. Waffle-type revetment returns: Repair/reconstruct north and south retums with new
sheetpiles to extend a maximum of 215 feet and 210 feet seaward of the coastal control line,
respectively.
3. Length of existing returns: 50 feet of both the north and south return.
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 Bureau of Beaches and Coastal Systems to establish an
understanding among the parties as to the items specified in the special and general
conditions of the pemmit. Contact Mark Taynton at 1-877-314-1329 to schedule an
appointment. The proposed locations of the structures shall be staked out for the conference.
PERMITTEE: The Reaches Condominium Association, Inc.
PERMIT NUMBER: PB-873 AR
PAGE 3
Ne
,
No construction, operation, transportation ur storage of equipment or materials is authorized
seaward of the dune crest or existing coastal armoring structure during the marine turtle
nesting season. The marine turtle nesting season extends from Match 1 to October 31.
3. AlLrubble and debris resulting from this construction shall be removed to a location landward
of the coastal construction control line.
4. No permanent exterior lighting is allowed.
Approved plans are incorporated into this permit by reference.
Done and ordered this 29th, of . j Une va 2007, in Lallahassee, 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. We ZL Lo aa
Michael R. Bamett, P.E., Chief
Bureau of Beaches and Coastal Systems
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Florida Departma. of — Never
Environmental Protection Jef Kotkamp
Marjory Stoneman Douglas Building f , or
3900 Commonwealth Boulevard ~
| f° Mice W. Sole
Tallahasse, Florida 32399-300 be “) ie Secretary
July 2, 2007
REQUE:
Ron Assef, Vice President:
The Board of Directros
The Capri of Singer Island Condominium Association, Inc.
- $250 North Ocean Drive
Singer Island, Florida 33404
Dear Mr. Assef-
Public Notice
’ File Number: PB-873 AR .
Property Owner Namte: The Reaches Condominium Association a
You are hereby notified that the Department of Environmental Protection has issued the enclosed coastal
construction control line permit pursuant to Section 161.057, Florida Statutes.
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 (21) 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.’ uo
Rule 28-106.201(2), Tlorida Administrative Code, explains what must be included in a petition for a
formal administrative proceeding, Section 120.54(5)\(b)4, Florida Statutes, and Rule 28-106,201(2) of the
Florida Administrative Code, explain ‘what must be included in a petition for a formal administrative.
proceeding. ‘Unless otherwise provided by statute, and except for agency enforcement and disciplinary
actions that shall be jnitiated under Rule 28-106.2015, F.A.C., initiation of proceedings shall be made by
written petition to the agency responsible for rendering final agency action. The term “petition” includes
any document that requests an evidentiary proceeding and asserts the existence of a disputed issue of
material fact. Each petition shall be legible and on 8 1/2 by 11 inch white paper. Unless printed, the
impression shall be on one side of the paper only and lines shall. be double-spaced.
it kn (a) The name and address of each agency affected and each agency's file or identification number,
ifknown;
(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 will be
affected by the agency determination;
(CJA statement of when and how the petitioner received notice of the Department's action;
Uleaul ewer. Leeut UL Use
we ae oe
Kathy Jacobs
July 2, 2007
Page Two
hai (d) A statement of all disputed issues of material fact. If there are none, the petition must so
cate;
(e) A concise statement of ultimate facts alleged, including the specific facts the petitioner
contends warrant reversal or modification of the Department's proposed action;
(f) A statement of the specific rules or statute the petitioner contends require reversal or
modification of the Department's proposed action, including an explanation of how the alleged facts relate
to the specific rules or statutes; and
1 (g)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
Tequest 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.
Ifa petition or request for extension of time is filed, further order ofthe Department becomes necessary 0
effectuate this notice. Accordingly, the Department's final action may be different from the position taken
by it in this notice. et oe beet ay be cahjent oli eee eaaetoe
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 Sections 120.569 and 120.47 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 120.68 of the Florida Statutes and Rules 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 nutice Gled with the district court must be
accompanied by the filing fee specified in Section 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;
Printed on recyrled paper
wer ue
wreapsczuur LZio4 voLo4oouuS et Ne
3
Kathy Jacobs
July 2, 2007
Page Three
(b) The name, address, and telephone number of the mediator selected by the parties, or a
provision for sclecting a mediator within a specified tine; :
(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, : oo
(e) The date, time, and place of the first mediation session, or a deadline for bolding 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
and a
(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 bas 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 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 cemain 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. :
Ie you have any questions pertaining to this notice, please contact me by mail at the letterhead address _
(add Mail Station 3003707 by telephone at (850) 921-7846, or by e-mail at Perry.Ponder@dep.state.fl.us.
Certified Mail No. 7005 2570 0001 9314 8260
PP/kbc
Enclosures
Printed on recycled paper.
Ue hur ee bee BU UT wrnny.
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Water Resource Management,
Bureau of Beaches and Coastal Systems
3900 Commonwealth Bivd, - Mail Station 300
Tallahassee, Florida 32399-3000
{850) 488-7708
PERMIT NUMBER: PB-873 AR
PERMITTEE
The Reaches Condominium Association, Tne.
c/o Douglas W. Mann, P-E.
Coastal Planning and Engineering, Inc.
2481 Northwest Boca Raton Boulevard
Boca Raton, Florida 33431
_ PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES
PURSUANT TO SECTION 161.053, FLORIDA STATUTES
FINAL ORDER
FINDINGS OF FACT: An application for authorization to conduct the activities seaward of the
coastal construction control line which are indicated in the project description, was filed by the
applicant/permittee named herein on September 29, 2006, and was determined to be complete :
pursuant to rule on April 9, 2007.
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 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 theix habitat; that the work is expendable in
nature and/or is appropriately designed in accordance with Rule 62B-33.0051, Florida
Administrative Code; and that it is an activity or type of construction which the Chief of the Bureau
of Beaches and Coastal Systems has authority to approve or deny pursuant to Delegation of
Authority, DEP Directive 100, effective September 27, 2002. Based on the foregoing considerations,
the Bureau Chief 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 arc by this reference incorporated herein, and any
additional conditions shown below, pursuant to Subsection 161.053(5), Florida Statutes.
EXPIRATION DATE: June 29, 2010
LOCATION: Between approximately 130 feet and 460 feet south of the Department of
Environmental Protection's reference monument R-63, in Palm Beach County. Project address:
_ $280 North Ocean Drive, Singer Island.
PROJECT DESCRIPTION: .
_ Anchored Sheetpile Bulkhead and Return Wall Extensions South of Existing Waffle Revetment
1. _ Location relative to control line: Shore-parallel section varies from approximately 144 feet
PERMITTEE: The Reaches Condominium Association, Inc.
PERMIT NUMBER: PB-873 AR:
PAGE 2
scaward at the noith end to approximately 124 feet seaward at the south end.
2. Length of the wall (shore parallel): 94.5 lincar feet (not including new seturn).
3. Bottom of wall: -13.5 feet (NAVD).
4. Top of cap elevation: +23.0 feet (NAVD).
“5. Length of the extended retum walls (added to landward end of existing waffle wall returns):
. 50 linear feet to the existing north retum and 15 feet to existing south return.
6. Length of new south return wall to new bulkhead: 63 linear feet to extend a maxicrmm
distance of 124 feet seaward of the control line.
Minor Reconstruction (Repair) of Existing Waffle-Type Sloped Amoring
1. . Extent of repair: Concrete grouting of existing revetment panéls and joints as necessary by
direct injection of chemical grout,
1.1. Location relative to control line: Varies from approximately 21 5 feet seaward at the
north end to approximately 210 fect seaward at the south end.
1.2. Exteriot dimensions: Approximately 29 feet in the shore-normal direction by
approximately 230 feet in the shore-parallel direction.
2. Waffle-type revetment returns: Repair/reconstruct north and south returns with new
sheetpiles to extend a maximum of 215 feet and 210 feet seaward of the cuastal control line,
respectively.
3. Length of existing returns: 50 feet of both the north and south return.
SPECIAL PERMIT CONDITIONS:
1. Prior to commencement of construction activity authorized by this penmit, a preconstruction
conference shall be held at the site among the contractor, the owner or authorized agent, and
a staff representative of the Bureau of Beaches and Coastal Systems to establish an
understanding among the parties as to the items specified in the special and general
conditions of the pemnit. Comtact Mark Taynton at 1-877-314-1329 to schedule an
appointment. The proposed locations of the structures shall be staked out for the conference,
rete aul eee bee Be UT eee
PERMITTEE: The Reaches Condominium Association, Inc.
PERMIT NUMBER: PB-873 AR
PAGE3
No:
,
No construction, operation, transportation ur storage of equipment or materials is authorized
seaward of the dune crest or existing coastal atmoting structure during the marine turtle
nesting season. The marine turtle nesting season extends from March 1 to October 31. ,
3. Allrubble and debris resulting from this constmction shall be removed to a location landward
of the coastal construction control line.
4. No permanent exterior lighting is allowed.
Approved plans are incorporated into this permit by reference. :
Done end ordered this 29 tay of ue, | 2007, in'Lallahassee, 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. . WLP Ze buf
G, ; Michael R. Barnett, P.E., Chief
eputy Clerk Date Bureau of Beaches and Coastal Systems
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oe : . Charlie Crist
\ : Florida Departmc. mi of Governor
Environmental Protection i Jeff Kottkamp
Lt. Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard / t
Tallahassee, Florida 32399-3000 f J
4 nie
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é ichael W. Sole
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July 2, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ron Assef, Vice President
The Board of Directros
The Capri of Singer Island Condominium Association, Inc.
5250 North Ocean Drive :
Singer Island, Florida 33404
Dear Mr. Assef:
Public Notice |
File Number: PB-873 AR
Property Owner Name: The Reaches Condominium Association
You are hereby notified that the Department of Environmental Protection has issued the enclosed coastal
construction control line permit pursuant to Section 161.053, Florida Statutes,
Any person whose substantial interests are affected by any decision of the Department on the application
bas 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 (21) 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), Florida Administrative Code, explains what must be included in a petition for a
formal administrative proceeding. Section 120.54(5)(b)4, Florida Statutes, and Rule 28-106.201(2) of the
Florida Administrative Code, explain what must be included in a petition for a formal administrative
proceeding. ‘Unless otherwise provided by statute, and except for agency enforcement and disciplinary
actions that shall be initiated under Rule 28-106.2015, F.A.C., initiation of proceedings shall be made by
written petition to the agency responsible for rendering final agency action. The term "petition" includes
any document that requests an evidentiary proceeding and asserts the existence of a disputed issue of
" material fact. Each petition shall be legible and on 8 1/2 by 11 inch white paper. Unless printed, the
impression shall be on one side of the paper only and lines shall be double-spaced.
(a) Fhe 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 will be
affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the Department's action;
ATTACHMENT 2
Ca ae eS ren eee ere) ee ee
Kathy Jacobs
July 2, 2007
Page Two
indi (4) A statement of all disputed issues of material fact. If there are none, the petition must so
cate;
(©) A concise statement of ultimate facts alleged, including the specific facts the petitioner
contends warrant reversal or modification of the Department's proposed action;
(f) A statement of the specific rules or statute the petitioner contends require reversal or
modification of the Department's proposed action, including an explanation of how the alleged facts relate
to the specific rulcs or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes
the ent 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 al!
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 thet such a person has to
request a hearing under Sections 120.569 and 120.47 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 120.68 of the Florida Statutes and Rules 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 Giled with the district court must be
accompanied by the filing fee specified in Section 35.22(3) of the Florida Statutes. Any subsequett
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;
“werhorszuur 1s. o4 yoLotoauv. ven Ne eae
;
Kathy Jacobs
July 2, 2007
Page Three
(b) The name, address, and telephone number of the mediator selected by the parties, or a
provision for sclecting a mediator within a specified tine;
(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 uo mediator bas 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 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.
If you have any questions pertaining to this notice, please contact me by mail at the letterhead address
(add Mail Station .300370F by telephone at (850) 921-7846, or by e-mail at Perry. Ponder@dep.state.fl.us.
ermit Manager
Bureau of Beaches and Coastal Systems
Certified Mail No. 7005 2570 0001 9314 8260
PP/kbe
Enclosures
Printed on recycled paper.
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Water Resource Management
Bureau of Beaches and Coastal Systems
3900 Commonwealth Blvd, - Mail Station 300
Tallahassee, Florida 32399-3000.
(850) 488-7708
PERMIT NUMBER: PB-873 AR
PERMITTEE
The Reaches Condominium Association, Inc.
¢/o Douglas W. Mann, P.E.
Coastal Planning and Engineering, Inc.
2481 Northwest Boca Raton Boulevard
Boca Raton, Florida 3343] ~
_ PERMII KOR CONSTRUCTION OR OTHER ACTIVITIES
PURSUANT TO SECTION 161.053, FLORIDA STATUTES
FINAL ORDER
FINDINGS OF FACT: An application for authorization to conduct the activities seaward of the
coastal construction control line which are indicated in the project description, was filed by the
applicant/permittee named herein on September 29, 2006, and was determined to be complete :
pursuant to rule on April 9, 2007.
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 are of such a nature that they will result inno 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
_naturc and/or is appropriately designed in accordance with Rule 62B-33.0051, Florida
Administrative Code; and that it is an activity or type of construction which the Chief of the Bureau
of Beaches and Coastal Systems has authority to approve or deny pursuant to Delegation of
Authority, DEP Directive 100, effective September 27, 2002. Based on the foregoing considerations,
the Bureau Chief 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 arc by this reference incorporated herein, and any
additional conditions shown below, pursuant to Subsection 161.053(5), Florida Statutes.
EXPIRATION DATE: June 29, 2010
LOCATION: Between approximately 130 feet and 460 feet south of the Department of
Environmental Protection's reference monument R-63, in Palm Beach County. Project address:
_ 5280 North Ocean Drive, Singer Island.
PROJECT DESCRIPTION:
_ Anchored Sheetpile Bulkhead and Return Wall Extensions South of Existing Waffle Revetment
1. Location relative to control line: Shore-parallel section varies from approximately 144 feet
PERMITTEE: The Reaches Condominium Association, Inc.
PERMIT NUMBER: PB-873 AR:
PAGE 2
scaward at the north end to approximately 124 feet seaward at the south end.
2. Length of the wall (shore parallel): 94.5 lincar feet (not including new retusa).
3. Bottom of wall: -13.5 feet (NAVD).
4, Top of cap elevation: +23.0 feet (NAVD).
5. Length of the extended return walls (added to landward end of existing waffle wall returns):
50 linear feet to the existing north retum and 15 feet to existing south return.
6. Length of new south return wall to mew bulkhead: 63 linear feet to extend a maximum
distance of 124 feet seaward of the control line.
Minor Reconstruction (Repair) of Existing Waffle-Type Sloped Annoring
1. Extent of repair: Concrete grouting of existing revetment panels and joints as necessary by
direct injection of chemical grout,
1.1. Location relative to control line: Varies from approximately 215 feet seaward at the
north end to approximately 210 feet seaward at the southend. -
1.2. Exterior dimensions: Approximately 29 feet in the shore-normal direction by
approximately 230 feet in the shore-parallel direction.
2. _ Waffle-type revetment returns: Repair/reconstruct north and south returns with new
sheetpiles to extend a maximum of 215 feet and 210 feet seaward of the coastal vuntrel line,
respectively.
3. Length of existing returns: 50 feet of both the north and south return.
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 Bureau of Beaches and Coastal Systems to establish an
understanding among the parties as to the items specified in the special and general
conditions of the penmit. Contact Mark Taynton at 1-877-314-1329 to schedule an
appointment. The proposed locations of the structures shall be staked out for the conference.
PERMITTEE: The Reaches Condominium Association, Tnc.
PERMIT NUMBER: PB-873 AR
PAGE 3
2. No construction, operation, transportation or storage of equipment or materials is authorized
seaward of the dune crest or existing coastal armoring structure during the marine turtle
nesting season. The marine turtle nesting season extends from March 1 to October 31.
3. Allrubble and debris resulting from this constaction shall be removed to a location landward
of the coastal construction control line.
4. No permanent exterior lighting is allowed.
Approved plans are incorporated into this permit by reference.
Done and ordered this 2th day of «J U2, | 2007, in ‘Yallahassee, 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. Mle P A bf
Michael R. Bamett, P.E., Chief
Bureau of Beaches and Coastal Systems
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. ~ Charlie Cri
Florida Departmei.. of Governor
Environmental Protection Jeff Kotkamp
Marjory Stoneman Douglas Building :
3900 Commonwealth Boulevard A fl rien Sole
Tallhasse, Frida 32299-2000 be or) iG | Secretary
Joly 2, 2007 , .
CERTIFIED MAIL,
Ron Assef, Vice President.
The Board of Directros
The Capri of Singer Island Condominium Association, Inc.
- $250 North Ocean Drive —
Singer Island, Florida 33404
Dear Mr. Asset: .
Public Notice
- File Number: ?B-873AR
Property Owner Name: The Reaches Condominium Association a
You are hereby notified that the Department of Environmental Protection has issued the enclosed coastal
construction contro! line permit pursuant to Section 161.053, Florida Statutes. :
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 (21) 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), Florida Administrative Code, explains what must be included in a petition for a
formal administrative proceeding. Section 120. 54(5\b)4, Florida Statutes, and Rule 28-106.201(2) of the
Florida Administrative Code, explain what must be included in a petition for a formal administrative
proceeding. i Unless otherwise provided by statute, and except for agency enforcement and disciplinary
actions that shall be initiated under Rule 28-106.2015, F.A-C., initiation of proceedings shall be made by
written petition to the agency responsible for rendering final agency action. The term “petition” includes
any document that requests an evidentiary proceeding and asserts the existence of a disputed issue of
material fact. Each petition shall be legible and on 8 1/2 by 11 inch white paper. Unless printed, the
impression shall be on one side of the paper only and lines shall. be double-spaced.
it (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 will be
affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the Department's action;
Kathy Jacobs
July 2, 2007
Page Two
ind ‘ome A statement of all disputed issues of material fact. If there are none, the petition must so
(e) A concise statement of ultimate facts alleged, including the specific facts the petitioner
contends warrant reversal or modification of the Department's proposed action;
(f) A statement of the specific rules or statute the petitioner contends require reversal or
modification of the Department's 's proposed action, including an explanation of how the alleged facts relate -
to the specific rulcs or statutes; and
X (g) 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
Tequest for extension must do so within the time limits for filing a petition described above and serve all
parties with tho request. The request must state why an extension ts needed. The Department will gront en
extension only when good cause is shown.
’ \fa 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 Sections 120.569 and 120.47 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 120.68 of the Florida Statutes and Rules 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 Section 35.22(3) of the Florida Statutes. Any subsequent
intervention will only be at the approval of the presiding officer upon motian 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 heaving 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 uumbers of any persons who may attend the mediation;
Printed an recycled paper
wre Lor ever ager eee Terererene]
}
- Kathy Jacobs
July 2, 2007
Page Three
(b) The name, address, and telephone number of the mediator selected by the parties, or a
provision for sclocting a mediator within a specified tinue;
{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 uo mediator has yet been chosen;
(£) The name of each party's representative who shall have the authority to settle or recommend
settlement, and a ; :
_ (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 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 120.369 and 120.57 remain available for disposition of the disput, and
the notice will specify the deadlines that then will apply for challenging the agency action and electing
remedies under those two statutes. : ;
, If you have any questions pertaining to this notice, please contact me by mail at the letterhead address —
(add Mail Station.3909707 by telephone at (850) 921-7846, or by e-mail at Perry.Ponder@dep.state.fl.us.
Certified Mail No. 7005 2570 0001 9314 8260
PP/kbc
Enclosures
Printed on recycled paper.
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Water Resource Management
Bureau of Beaches and Coastal Systems
3900 Commonwealth Blvd, - Mail Station 300
Tallahassee, Florida 32399-3000
(880) 488-7708
PERMIT NUMBER: PB-873 AR
PERMITTEE
The Reaches Condominium Association, Inc.
c/o Douglas W. Mann, PE.
Coastal Planning and Engineering, Inc.
2481 Northwest Boca Raton Boulevard
Boca Raton, Florida 33431
_ PERMIT KOR CONSTRUCTION OR OTHER ACTIVITIES ©
PURSUANT TO SECTION 161.053, FLORIDA STATUTES
FINAL ORDER -
FINDINGS OF FACT: An application for authorization to conduct the activities seaward of the
coastal construction control line which are indicated in the project description, was filed by the
applicant/permittee named herein on September 29, 2006, and was determined to be complete :
pursuant to rule on April 9, 2007.
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 are of such a nature that they will result inno 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-33.0051, Florida
Administrative Code; and that it is an activity or type of construction which the Chief of the Bureau
of Beaches and Coastal Systems has authority to approve or deny pursuant to Delegation of
Authority, DEP Directive 100, effective September 27, 2002. Based on the foregoing considerations,
the Bureau Chief 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 Subsection 161.053(5), Florida Statutes.
EXPIRATION DATE: June 29, 2010
LOCATION: Between approximately 130 feet and 460 feet south of the Department of
Environmental Protection's reference monument R-63, in Palm Beach County. Project address:
_ §280 North Ocean Drive, Singer Island.
PROJECT DESCRIPTION:
_ Anchored Sheetpile Bulkhead and Return Wall Extensions South of Existing Waffle Revetment
lL Location relative to control line: Shore-parallel section varies from approximately 144 feet
PERMITTEE: The Reaches Condominium Association, Inc.
PERMIT NUMBER: PB-873 AR:
PAGE 2
scaward at the noth ed to approximutely 124 feet seaward at the south end.
2. Length of the wall (shore parallel): 94.5 lincar feet (not including new reiusu), :
3. Bottom of wall: -13.5 feet (NAVD).
4. Top of cap elevation: +23.0 feet (NAVD).
5. Length of the extended retum walls (added to landward end of existing waffle wall returns):
. 50 linear feet to the existing north retum and 15 feet to existing south return.
6. Length of new south retum wall to new bulkhead: 63 linear feet to extend a maximum
distance of 124 feet seaward of the control line:
Minor Reconstruction Repair) of Existing Waftle-Type Sloped Annoring
1. . Extent of repair: Concrete grouting of existing revetment panels and joints as necessary by
direct injection of chemical grout.
1.1. Location relative to control line: Varies from approximately 215 feet seaward at the
north end to approximately 210 fect seaward at the southend.
1.2, Exterior dimensions: Approximately 29 feet in the shore-normal direction by
approximately 230 feet in the shore-parallel direction. _
2. Waffle-type revetment returns: Repair/reconstruct north and south returns with new
sheetpiles to extend a maximum of 215 feet and 210 feet seaward of the coastal control line,
respectively.
3. Length of existing returns: 50 feet of both the north and south return.
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 Bureau of Beaches and Coastal Systems to establish an.
understanding among the parties as to the items specified in the special and general
conditions of the pemmit. Contact Mark Taynton at 1-877-314-1329 to schedule an
appointment. The proposed locations of the structures shall be staked out forthe conference.
PERMITTEE: The Reaches Condominium Association, Inc.
PERMIT NUMBER: 28-873 AR , ,
PAGE 3
No construction, operation, transportation or storage of equipment or materials is authorized
seaward of the dune crest or existing coastal armoring structure during the marine turtle
nesting season. The marine turtle nesting season cxtonds from Match 1 to October 31.
3. Allrubble and debris resulting from this constriction shall be removed to a location landward
of the coastal construction control line. / :
4, No permanent exterior lighting is allowed.
Approved plans are incorporated into this permit by reference,
Done and ordered this 29%, of JULKe 2007, in ‘Yallahassee, 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 SO a .
- is heteby acknowledged. Z£
Michael R, Barnett, P.E., Chief
Bureau of Beaches and Coastal Systems
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Docket for Case No: 07-003630
Issue Date |
Proceedings |
Nov. 20, 2007 |
Order Closing File. CASE CLOSED.
|
Nov. 19, 2007 |
Notice of Voluntary Dismissal with Prejudice filed.
|
Sep. 25, 2007 |
Order of Pre-hearing Instructions.
|
Sep. 25, 2007 |
Notice of Hearing (hearing set for November 27 and 28, 2007; 9:00 a.m.; West Palm Beach, FL).
|
Sep. 21, 2007 |
Respondent`s Motion for Expedited Hearing and Discovery filed.
|
Aug. 29, 2007 |
Joint Response to Initial Order filed.
|
Aug. 22, 2007 |
Joint Notice of Appearance (filed by S. Shirley and T. Tomasello).
|
Aug. 21, 2007 |
Response to Initial Order filed.
|
Aug. 14, 2007 |
Initial Order.
|
Aug. 13, 2007 |
Final Order filed.
|
Aug. 13, 2007 |
Petition for Administrative Hearing Involving Disputed Issues of Material Fact filed.
|
Aug. 13, 2007 |
Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.
|