AUG-27-208@7 B5:56P FROM: . TO: 18506816836 P.4 STATE OF FLORIDA . DEPARTMENT OF ENVIRONMENTAL PROTECTION eo gg ivision of Water Resource Management a i H “Buren of Beaches and Coastal Systems . =" 3900’ Commonwealth Blvd, - Mail Station 300 Tallahassee, Florida 32399-3000 07 OCT -9 PH 3:54 (850) 488-7708 DIVISION OF PERMIT NUMBER: PB-876 ADMINISTRATIVE PERMITTER . HEARINGS Stewart A. Satter | OT ° Y& oY c/o Dallas H. Durrance, P.E. Cunningham & Durrance Consulting Engineers, Inc. 400 Executive Center Drive, Suite 108 West Palm Beach, Florida 33401 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 that are indicated in the project description, was filed by the applicant/permittee named herein on October 11, 2006, and was determined to be complete pursuant to rule on January 12, 2007, However, on April 5, 2007, and July 5, 2007 the applicant waived the 90-day time limit imposed on the Department for processing completed applications pursuant to Chapter 120, Florida Statutes, until August 15, 2007. 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 amended permit are of such a nature that they will result in no significant adverse impacts to the beach/dune areas or to adjacent properties; that the work is not expected to adversely impact nesting sea turtles, their hatchlings, or their habitat; that the work is expendable in nature and/or is appropriately designed in accordance with Section 62B-33.005, Florida Administrative Code; 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. 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 is 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 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 Section 161.053(5), Florida Statutes. EXPIRATION DATE: August 14, 2010 LOCATION: Between approximately 190 feet and 342.5 feet north of the Department of Environmental Protection's reference. monument R-146, in Palm Beach County. Project address: 1560 South Ocean Boulevard, Manalapan. AUG-27-2887 @5:57P FROM: iia 1BS5a6816836° P.S PERMIT NAME: Stewart A. Satter PERMITTEE: PB-876' PAGE 2 PROJECT DESCRIPTION: Pedestrian Tunnel 1. Location relative to control line: -A maximum of 105 feet seaward, as measured perpendicular from the control line, ; 2. Exterior dimensions: A maximum of 42 feet in the shore-normal direction by 11.7 feet in the shore-parallel direction, not including east and west stair box structures of maximum dimensions 12.0 feet shore-normal, by 22.0 feet shore-parallel. , 3. Type of foundation: Piles to support the east and west stair box structures; earthen supported for the pre-cast concrete tunnel, . 4, Floor elevation: Varying from +8.0 (NGVD) at the west stair box structure to +8,1 (NGVD) on the east stair box structure, Excavation/Fill 1. Volume of excavation seaward of the control line for tunnel installation: Approximately 500 cubic yards. Volume of net excavation: None; excavated material to be placed as fill on the project site, 2, Location of excavation: Within the footprint of the tunnel. 3. Volume of fill to be placed: Approximately 500 cubic yards. 4, Location of fill to be placed: Across the shore-paralle] length of the property to a maximum distance of 121 feet seaward of the control line. Other Structure/Activity 1, A frangible garden wall sited across the shore-parallel length of the property.to a maximum distance of 105 feet seaward of the control line. 2. Two 6-inch dome bollards located seaward of the east stair box structure. 3. Planting of dune stabilizing vegetation including the planting of seagrapes within the fill placement area, See Special Permit Condition 5. 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 (contact Mark Taynton at toll-free pager number 1-877-314- 1329) to establish an understanding among the parties as to the items specified in the special and general - conditions of the permit. The proposed locations of the structures shall be staked out for the conference. AUG-27-2887 @5:58P- FROM: - TO: 18586816836 P.6 or. ; Y PERMIT NAME: Stewart A.-Satter PERMITTEE: PB-876. ~ PAGE 3 Construction activity authorized by this permit shall not commence until after the time period provided in the public notice for the public to exercise ‘any rights they may have under Chapter 120, Florida Statutes, has / expired, or if'a hearing is requested, disposition of the hearing request has been made, _ 3, Prior to commencement of construction activity authorized by this permit, a temporary construction fence shall be erected along the perimeter of the permitted activity. The fence shall remain in place until the construction authorized by this permit is complete, The optimum siting of the construction fence shall be determined during the preconstruction conference by the staff representative so as to provide maximum protection to the existing vegetation located on the site. 4. - All excavated beach compatible fill shall remain on the site seaward of the coastal construction control line. 5. Prior to submitting the final certification, referenced in General Permit Condition 1(g), the permittee shall submit an as-built plan prepared and certified by a licensed landscape architect showing the new access pathway with vegetated areas referenced under the project description to be completed. All rubble and debris resulting from this construction shall be removed to a location landward of the coastal construction control line. 7. All 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. Approved plans are incorporated into this permit by reference. Done and ordered this 14 day of Pirs vst 2007, in Tallahassee, Florida. Attachment: General Permit Conditions FILING AND ACKNOWLEDGEMENT FILED, State of Florida Department of Environmental Protection on this date, pursuant to $120.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. Michael R. Barnett, P.E., Chief Bureau of Beaches and Coastal Systems

Docket for Case No: 07-004624