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ALLIANCE OF OWNERS VIA DELFINO CONDOMINIUM, INC. vs FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AND DEPARTMENT OF ENVIRONMENTAL PROTECTION, 09-000633 (2009)

Court: Division of Administrative Hearings, Florida Number: 09-000633 Visitors: 29
Petitioner: ALLIANCE OF OWNERS VIA DELFINO CONDOMINIUM, INC.
Respondent: FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AND DEPARTMENT OF ENVIRONMENTAL PROTECTION
Judges: D. R. ALEXANDER
Agency: Department of Environmental Protection
Locations: West Palm Beach, Florida
Filed: Feb. 06, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 29, 2010.

Latest Update: Dec. 23, 2024
Feb 6 2009 12:12 PAGE 69/12 82/06/2809 12:10 8582452297 FLDEP + {850} 488-7708 PERMIT NUMBER: PB-906 AR (Corrected) PERMITTEE . 04 Ol oe Seawinds Property Owners Association, and Kajima Development Corporation c/o Douglas W. Mann, PE. Coasta| Planning and Enginecring, Inc. 2481 Northwest Boca Raton Boulevard Boca Raton, Florida 33431 CORRECTED 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 ine was approved by the Department of Environmental Protection on December 3, 2008. Subsequent to issuance of the permit, the permittee and Department staff identified certain items within the permit which needed corrections. ‘ CONCLUSIONS OF LAW: After considering the merits of' the proposal and any written objections from affected persons, the Department finds thar upon compliance with the permit conditions, the activities indicated in the project description of this corrected permit dre of such a nature that they will result in no significant adverse impacts to the beach/dume areas or to adjadent 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-33.0051, 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 Bureah Chief approves the application: authorizes construction and/or activities at the location indicated below id 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 bflow, pursuant to Section 161.053(5), Florida Statutes. EXPIRATION DATE: December 3, 2011 LOCATION: . Between. approximately 594 feet north and 293 ‘feet south of the Department of Environmental Protection's reference monument R-65, in Palm Beach County. Project address: Seawinds Condominium, 5080 North Ocean Boulevard, Riviera Beach ATTACHMENT 2 Feb 6 2009 12:12 82/06/2009 12:18 8582452297 FLDEP PAGE 18/12 PERMITTEE: Seawinds Property Owners Association, and Kajima Development Corporation PERMIT NUMBER: PB-906 AR (Corrected) PAGE 2 PROJECT DESCRIPTION: Anchored Section of Viny} Stee] Shoet Pile Bulkhead 1. Location relative to control Jine: Approximately 149 feet seaward at the north end and approximately 152 feet seaward at the south end. 2 Length of wall: Approximately 360 linear feet. 3. Length of return wall: Approximnately 65 feet on the north end, 4. Bulkhead cap elevation: +15.0 feet (NAVD). 5. Anchor wall top elevation: +21.5 feet (NAVD). 6. Bottom elevation of the bulkhead: -20.5 feet (NAVD). " Cantilevered Section of Minyi Steel Sheet Pile Bulkhead 1 Location relative to control line: Approximately 152 feet seaward at the north end and approximately 147 feet seaward at the south end, 2. Length of wall: Approximately 276 linear fect. 3. Bulkhead cap elevation: +15.0 feet (NAVD). 4. Bottom elevation of the bulkbemd: -30.8 feet (NAVD), Cantilevered Seation of Vinys Stee], Sheet Pile Bulkbead (Closing of the Gap) 1 Location relative to control ine: Approximately 147 fet seaward at the north end ead, april 137 feer seaward ax the south end. and approximate wall. 2. Length of wall: Approximately 225 linear feet. 3. Length of retum: Approximately 10 feet at the south end. 4. Bulkhead cap elevation: +15.0 feet (NAVD), 5. Bottom elevation of the bulktead: -30.8 feet (NAVD). 82/06/2809 Feb- 6 2009 12:12 12:16 8502452297 FLDEP PAGE PERMITTEE: Seawinds Property Owners Association, and Kajima Development Corporation PERMIT NUMBER: PB-906 AR (Coprected) PAGE 3 Propesed Excavation/Fil] Total Volume of excavated material: Approximately 7,225 cubic yards. Volume of net excavation: None; AU excavated material to be placed 2s backfill. See Special Permit Condition 4. Maximum depth of excavation: To elevation +13.0 feet (NAVD); approximately 11 feet below existing grade. Location of excavation: To a maximum distance of 10 feet scavvard of the bulkhead. Votume of fill to be placed: Approximately 7,225 cubic yards. See Special Permit Condition 5. Location of fill planed: Within the excavated aress and landward of the bulkhead. SPECIAL PERMIT CONDITIONS: 1. Prior to commencement of constmuction activity authorized by this permit, a preconstruction conference shall be held af the site among the contrabtor, the owner or authorized agent, and a staff Tepresentative of the Bureau of Beaches and Coastal Systems (contact Mark Taynton at toll-free pager aumber t-877-314-1329) to establish an understanding among the parties as to the items Specified in the special and general conditions of the pexmit. The proposed locations of the structures shal] be staked our for the conference. . Coustruction activity authorized by this pemit shall not commence til sfter the time period Provided in the public notice for the Public to exercise any rights they xaay have under Chapter 120, Florida Statutes, has expired, or if a hearing is requested, disposition of the hearing request has been made. . Priox to completion of construction activities authorized by this permit, the permittee shall conduct the following dune restoration end management activities: 3.1. Aoy existing invasive nuisance species listed in the Florida Exotic Pest Plant Council’s List of : Category I and I Invasive Species, inchiding but not limited to, Australian Pine (Casmrina Spp.), Bragilian Pepper (Schinus Jerebintinfolius), md Beach Naupake (Scaevola sericea), shall be removed. Areas disturbed due to vegetation removal] shall be planted with salt- tolerant native vegetation indigenous to the site or adjacent sites, such as sea oats, railroad vine, cordgrass, panic grass, dune sunflower or other approved native shrubs or groundcavers, 32. Any dune arca disturbed during constuction shall be restored to at minimum its preconstmction elevations and shall be re-vegetated with native dune vegetation plants. A mix of a minmum of three native salt-tolerant specics shal] be planted within any disturbed dune areas, Plmtings shal} consist of salt-tolerant species indigenous to the native plant commumities existing on or near the site or with other native species approved by the Department. Sod 11/12 Feb 6 2009 12:13 PAGE 12/12 82/06/2009 12:18 8582452297 FLDEP PERMITTEE: Seawinds Property Owners Association, and Kajima Development Corporation PERMIT NUMBER: PB-906 AR (Corrected) PAGE 4 composed of non-native grasses is not authorized seaward of a major structure or decks, Plantings in other areas of the Project site shall not include invasive nuisance plant species such ab listed in the Florida Exotic Pest Plant Council’s List of Invasive Species Category I and II, 4 All beach compatible material excavated for installation of the bulkhead shall be placed m the immediate vicinity of the excavation seaward of the coastal construction control line. 6. No operation, transportation or storage of equipment or materials is authorized seaward of the dune crest or rigid coastal structure in marine turtle nesting habitat during the marine rurtle nesting season. The marine turtle nesting season js March 1 through October 31. 7. This permit dors not authorize any additional exterior lighting. This corrected permit, with the referenced attachments, comprises the entire permit, and supersedes the permit as previously issued. Approved plans are incorporated into this permit by reference. Done and ordered this l ah of Deceyn ber 2008, in Tallshessce, Florida. Attachnient: General Permit Conditions FILING AND ACKNOWLEDGEMENT State of Florida FILED, on this date, pursuant to 8120.52 Departnent of Envitonmental Protection Florida Statutcs, with the designated Department Cletk, receipt of which is hereby wledged, ichael R. Bamett, PE, Chie Bureau of Beaches and Coastal Systems

Docket for Case No: 09-000633
Issue Date Proceedings
Mar. 29, 2010 Order Closing Files. CASE CLOSED.
Mar. 26, 2010 Motion for Withdrawal filed.
Mar. 15, 2010 Order of Pre-hearing Instructions.
Mar. 15, 2010 Notice of Hearing (hearing set for June 28 through July 1, 2010; 9:00 a.m.; West Palm Beach, FL).
Mar. 11, 2010 Notice of Service of Interrogatories filed.
Mar. 11, 2010 Notice of Service of Interrogatories and Certificate of Service filed.
Mar. 09, 2010 Status Report filed.
Mar. 05, 2010 Order (granting Petitioners' request to be served a copy of the interrogatories).
Mar. 03, 2010 Letter to Judge Alexander from D.Knoppke regarding misdirected correspondence filed.
Feb. 24, 2010 Respondent Department of Environmental Protection First Set of Interrogatories to Petitioner Dieter Knoppke filed.
Feb. 24, 2010 Respondent Florida Department of Environmental Protection First Set of Interrogatories to Petitioner Graig Keller filed.
Feb. 24, 2010 Respondent Florida Department of Environmental Protection First Set of Interrogatories to Petitioner Alliance of Owners via Delfino Condominium Association, Inc. filed.
Feb. 24, 2010 Notice of Service of Respondent Florida Department of Environmental Protection First Set of Interrogatories to Petitioner Dieter Knoppke filed.
Feb. 24, 2010 Notice of Service of Respondent Florida Department of Environmental Protection First Set of Interrogatories to Graig Keller filed.
Feb. 24, 2010 Notice of Service of Respondent Florida Department of Environmental Protection First Set of Interrogatories to Petitioner Alliance of Owners via Delfino Condominium Association, Inc. filed.
Feb. 18, 2010 Order Compelling Discovery.
Feb. 12, 2010 Letter to Judge Alexander from R. Lindner regarding hearing dates filed.
Feb. 09, 2010 Order (dismissing David Sweetwood as a party; directing motion to compel discovery served on February 5, 2010 to remaining Petitioners).
Feb. 08, 2010 Notice of Voluntary Dismissal filed.
Feb. 05, 2010 Motion to Compel Responses to Discovery filed.
Dec. 28, 2009 Order (Notice of Voluntary Withdrawal is granted).
Dec. 24, 2009 Notice of Voluntary Withdrawal (13) filed.
Oct. 22, 2009 Order Granting Continuance and Placing Cases in Abeyance (parties to advise status by February 26, 2010).
Oct. 09, 2009 Motion for Continuance filed.
Sep. 14, 2009 Fish and Wildlife Conservation Commission First Interrogatories to Petitioner filed.
Sep. 14, 2009 Notice of Service of Interrogatories filed.
May 05, 2009 Order of Pre-hearing Instructions.
May 05, 2009 Notice of Hearing (hearing set for November 17 and 18, 2009; 9:30 a.m.; Riviera Beach, FL).
Apr. 03, 2009 Amended Response to Amended Initial Order filed.
Mar. 30, 2009 Order (Motion to Strike is granted).
Mar. 18, 2009 Respondent Florida Department of Environmental Protection Motion to Strike filed.
Feb. 23, 2009 Response to Amended Initial Order (filed in Case No. 09-000633).
Feb. 23, 2009 Response to Amended Inital Order filed.
Feb. 23, 2009 Order of Consolidation (DOAH Case Nos. 09-0631 and 09-0633).
Feb. 16, 2009 Amended Initial Order.
Feb. 12, 2009 Response to Initial Order filed.
Feb. 06, 2009 Initial Order.
Feb. 06, 2009 Final Order filed.
Feb. 06, 2009 Request for Administrative Hearing filed.
Feb. 06, 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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