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SHAILESH ADHAV, GAIL ALSOBROOK, ROY AND VERNA BURCH, CHESTER HARDENBURG, AS TRUSTEE OF EVELYN T. MADDOX TRUST; STEPHEN AND DEBORAH KIRBY; JOHN LABIAK; AND LAURANCE PENTEL vs ST. JOE TIMBERLAND COMPANY OF DELAWARE, LLC, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION, 09-000444 (2009)

Court: Division of Administrative Hearings, Florida Number: 09-000444 Visitors: 15
Petitioner: SHAILESH ADHAV, GAIL ALSOBROOK, ROY AND VERNA BURCH, CHESTER HARDENBURG, AS TRUSTEE OF EVELYN T. MADDOX TRUST; STEPHEN AND DEBORAH KIRBY; JOHN LABIAK; AND LAURANCE PENTEL
Respondent: ST. JOE TIMBERLAND COMPANY OF DELAWARE, LLC, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION
Judges: D. R. ALEXANDER
Agency: Department of Environmental Protection
Locations: Port St. Joe, Florida
Filed: Jan. 27, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 26, 2009.

Latest Update: Jul. 08, 2024
Jan 27 2009 10:17 a@l/27/28e9 1a:11 B5a2d52297 FLDEP PAGE 21/24 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, Fiorida 32299-3000 (850) 488-7703 PERMIT NUMBER: GU-466 PERMITTEE: St. Joe Timberland Company of Delaware, LLC vio Chris Forehand, PE. Preble-Rish, Inc. 203 Aberdeen Parkway Panama City, Florida 32405 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 scaward of the coastal construction contro] line which ate indicated in the project description, was filed by the applicant/permitiee named herein on October 18, 2007, and was determined to be complete pursuant to rule on October 18, 2007, However, on January 8, 2007, the applicant waived the 90-day time limit imposed on the Department for processing completed applications pursuant to Chapter 120, Florida Statutes, until February 15, 2007, The proposed project is to be located landward of the 30-year erosion projection and the line of construction established by existing 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 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, (heir hatchlings, or their habitat; that the work is expendahle in nature and/or is appropriately designed in accordance with Rule 62B-33.005, Florida Administrative Code; and that it is an activity or type of construction which the designee of the Chief of the Bureau of Beaches and Coastal Systems has authority to approve or deny pursuanl io Delegation of Authority, DEP Directive 137, effective May 14.2001. Based on the foregoing considerations, the designee approves the application; authorizes construction and/or activities al 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: February 15, 2013 LOCATION: Between approximately 70 fect north and 1,500 feet south of the Department of Environmental Protection's reference monument R-25, in Gulf County. Project address: WindMark Beach. Beach Walk at St. Joseph Shores, Discovery Lane (former U.S. Highway 98/County Road 30), west of Port St. Joc. PROJECT DESCRIPTION: All proposed structures and activities will be located within of landward of the 100- foot wide former Highway 98/County Road 30 right-of-way, ATTAGHMENT 3 Jan 27 2009 10:18 a@l/27/28e9 1a:11 B5a2d52297 FLDEP PAGE 22/24 r PERMITTEE: St. Joe Timberland Company of Delaware, LLC PERMIT NUMBER: GU-466 . PAGE 2 Roadway Replacement lL. Location relative to control line: A maximum of 191.8 feet seaward. 2. Exterior dimensions: Approximately 64 feet in the shore-nonmal direction (two 12-foot wide one-way lanes separated by a median containing a pedestrian walkway) by approximately 1,460 feet in the share- parallel direction, for the portion of former Highway 98/CR 30. A portion of Discovery Lane located landward of the former highway is algo included, for a total of approximately 1,650 linear fect. 3, Type of foundation: New asphalt over limerock base. Exeavation/Fill in Total volume of excavation: Approximately 206 cubic yards, including base material from the existing toadbed. Volume of net excavation: None; beach-compatible excavated material to be placed as fil! on the project siie. See Special Permit Conditions 8 and 9. 2. Location of excavation: A maxitnum of approximately 160 feet seaward of the control line. 3. Maximum depth of excavation: To approximate elevation +10.0 feet (NAVD); less than | foot below existing grade, 4, Volume of fill to be placed: Approximately 662 cubic yards. Volume ofnet fill: 456 cubic yards. See Special Permit Condition 7. 3. Location of fill to be placed: A maximum. of approximately | 80 feet seaward of the contral line. Other Structures/Activities L A pedestrian path of dimensions 12 feet shore-normal by approximately 1.4845 feet shore-parallel. consisting of asphalt over limerock base and brick pavers, is to be located in the median between the two traffic lanes, a maximum of approximately 170.6 feet seaward of the control line. 2, Demolition and removal of existing road asphalt (milled) and portions of existing gravel/rock, shell, brick. and conerete residential driveways adjacent to the project. See Special Permit Condition 9. 3. Replacement of portions of existing gravel/rack, shell, brick, and concrete residential driveways adjacent to the project. 4, Stormwater management system. SPECIAL PERMIT CONDITIONS: 1, No work shall be conducted under this permit until the permittee has received a written notice 16 proceed from the Department. Jan 27 2009 10:18 a@l/27/28e9 1a:11 B5a2d52297 FLDEP PAGE 23/24 PERMITTEE: 8t. Joe Timberland Company of Delaware, LLC PERMIT NUMBER: GTJ-466 PAGE 3 ceed Prior lo issuance of the notice to proceed, the permittee shall provide written evidence thata public notice of the Department's action has been published for ane day in the largest newspaper of'gencral circulation in the county where the proposed projcet is located. A certification frorn the newspaper showing compliance shall be provided to the staff. Prior to publishing the required public notice, the permittee shall contact the staff and obtain the specific language that must appear in the advertisement. The public notice must be published within 10 days of the date of issuance of this permit. 3, Prior to commencement of construction activity authorized by this petmil 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 Valerie Jones at 850/921-7849) 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. 4, Construction activity authorized by this permit shall not commence until after the time period provided in the public notice for the public to exereise 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. Prior to commencement of construction activity authorized by this permit, a temporary construction fence shall be erected along the perimeter of the permitted activity to protect the beach and dune vegetation seaward of the road right-of-way. The fence shall be designed to protect native vegetation and adjacent properties and shall remain in place until the construction autharized by this permit is complete. The optimum siting of the construction fence shalt be determined during the preconstruction conference by the staff representative so as to provide maximum protection to the existing native vegetation and dune features located seaward of the site, oe 6. Existing vegetation shall be disturbed only to the minimum extent necessary to complete work within the authorized construction limits. As soon as possible after grading activities and prior to completion of construction activities authorized by this permit, the permittee shall plant a mix ofa minimum of three native salt-tolerant species within any disturbed areas seaward of the control line. Plantings shall consist of salt-tolerant species indigenous to the native plant communities existing on or near the site of with other native species approved by the Department. Plantings in other areas of the project site shall not include invasive nuisance plant species such as listed in the Florida Exotic Pest Plant Council’s May 2005 List of Invasive Species, Categories [ and II. (A copy of this list is available on the Internet at www.tleppe.org.) 7. Permittee shall provide the following sand samples for the department's review and approval prior to the placement of fill material seaward of the control line, All fill material placed seaward of ihe control line shall consist of sand that is similar to the native beach sand in both coloration and grain size and be [ree of construction debris, metal, vegetation, organic soils, rocks, clay, or other foreign matter. 71. Onesample of native beach material collected from the beach berm between the mean high water Tine and the vegetation line per the following procedure. The beach berm soil surface is to be swept offand a physical sample collected from six to twelve inches below the surface. a@l/27/28e9 1a:11 B5a2d52297 FLDEP Jan 27 2009 PERMITTEB: St. Foe Timberland Company of Delaware, LLC PERMIT NUMBER: GU-466 PAGE 4 tL. 12. 7.2. One sample of fill sand material from the sand mine or other excavation site. The All sand sample shall be representative of the mine or excavation site, Alternatively, the permittee may provide a mine assay or soil analysis of the sand quality from a mine operation. ‘7.3. Samples shall be provided as follows. The sand sample shall be slightly damp with an approximate 10% moisture content. The sampie bag should fill approximately 1/2 of a standard “Ziploc sandwich" bag, and weigh approximately 200 grama, or 3/4 pound. The sample bag should be labeled with: permit number; date; name of. person collecting sample; location (county, Remonument, beach name, sireet address, etc,); comments. All beach-compatible excavated material shall be maintained on site seaward of the coastal construction eontrol Line, All rubble, debris, brick, and damaged or broken concrete or asphalt on the site resulting from this demolition and construction shall be removed and relocated landward of the coastal construction control line. . No constructionyoperation, transportation or storage of equipment or materials, and no temporary lighting ofthe construction area is authorized in marine turtle neatin g habitat, seaward of the frontal dune crest or seaward line of vegetation, at any time during the marine turtle nesting season (May 1 through October 3f). No additional permanent exterior structural or landscape lighting is authorized, No other structures or activities are authorized, Approved plang afe incorporated into this permit by reference. Done and ordered this_1§ day of Felotsovy 2008, in Tallahassee, Florida. Attachment: General Permit Conditions FILING AND ACKNOWLEDGEMENT State of Flori: FILED, on this date, pursirant to $120.52 Deparenént of Rnvironniental Protection Florida Statutes, with the designated Department Glerk, receipt of which Frijé Wettstein, Environmental Manager reau of Beaches and Coastal Systems PAGE 24/24

Docket for Case No: 09-000444
Issue Date Proceedings
May 26, 2009 Order Closing File. CASE CLOSED.
May 26, 2009 Notice of Dismissal with Prejudice filed.
May 22, 2009 Notice of Filing Stipulated Settlement Agreement; Stipulated Settlement Agreement filed.
May 15, 2009 St. Joe`s Response to First Request for Production of Documents filed.
May 13, 2009 Order (St. Joe`s Request for Official Recognition is granted).
May 11, 2009 Letter to DOAH from B. Gay regarding request to be reinstated as a Petitioner filed.
Apr. 30, 2009 St. Joe`s Request for Official Recognition filed.
Apr. 28, 2009 Notice of Taking Deposition Duces Tecum (3) filed.
Apr. 27, 2009 Notice of Taking Depositions filed.
Apr. 20, 2009 Order (Gulf County is dismissed as a party).
Apr. 17, 2009 Motion to Drop Party filed.
Apr. 15, 2009 First Request for Production of Documents to Respondent St. Joe Timberland Company of Delaware, LLC filed.
Apr. 07, 2009 Amended Notice of Hearing (hearing set for May 27 and 28, 2009; 10:00 a.m.; Port St. Joe, FL; amended as to hearing venue ).
Apr. 07, 2009 Order (B. Gay is dismissed from this proceeding).
Apr. 06, 2009 Request for Venue Change filed.
Apr. 06, 2009 Letter to Whom it May Concern from Betty Gay regarding voluntary dismissal filed.
Mar. 25, 2009 Order of Pre-hearing Instructions.
Mar. 25, 2009 Notice of Hearing (hearing set for May 27 and 28, 2009; 9:30 a.m.; Tallahassee, FL).
Mar. 24, 2009 Notice of Filing St. Joe`s First Interrogatories to Petitioners filed.
Feb. 27, 2009 Order (V. Diaz is dismissed from this proceeding).
Feb. 26, 2009 Letter to DOAH from V. Diaz regarding request to be removed as a Petitioner filed.
Feb. 11, 2009 Certificate of Service (for Joint Partial Response to Initial Order) filed.
Feb. 09, 2009 Notice of Appearance of Counsel (filed by J. Anderson).
Feb. 09, 2009 Joint Partial Response to Initial Order filed.
Feb. 05, 2009 Notice of Appearance (of M. Chumbler) filed.
Jan. 27, 2009 Initial Order.
Jan. 27, 2009 Final Order filed.
Jan. 27, 2009 Amended Petition for Formal Administrative Hearing filed.
Jan. 27, 2009 Notice to Proceed Withheld filed.
Jan. 27, 2009 Petition for Formal Administrative Hearing filed.
Jan. 27, 2009 Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.
Source:  Florida - Division of Administrative Hearings

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