Elawyers Elawyers
Ohio| Change

EDWARD AND BONNIE BOOTH LIFE ESTATE vs LAS GOLONDRINAS, LLC AND DEPARTMENT OF ENVIRONMENTAL PROTECTION, 06-004502 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-004502 Visitors: 9
Petitioner: EDWARD AND BONNIE BOOTH LIFE ESTATE
Respondent: LAS GOLONDRINAS, LLC AND DEPARTMENT OF ENVIRONMENTAL PROTECTION
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Environmental Protection
Locations: Atlantic Beach, Florida
Filed: Nov. 09, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 11, 2007.

Latest Update: Jan. 11, 2025
& STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROT! oN Division of Water Resource Manageme NOTE: THIS AUTHORIZATION IS DIFFERENT FROM THE ORIGINAL REQUEST. SEE SPECIAL PERMIT CONDITIONS. Bureau of Beaches and Coastd¢f, ystems ee 3900 Commonwealth Blvd. - MailStation 300 Tallahassee, Florida 32399; (850) 488-7708 PERMIT NUMBER: DU PERMITTEE Las Golondrinas, LLC c/o Kevin Partel, President () , C — Coastal Consulting & Restoration / Ay 0 i 4230 Myrtle Street St. Augustine, Florida 32084 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 June 6, 2006, and was determined to be complete pursuant to rule on June 6, 2006. 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 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/oris 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 Burcau of Beaches and Coastal Systems has authority to approve or deny pursuant to Delegation of Authority, DEP Directive 137, effective May 14, 2001. The direct and cumulative impacts to the beach and dune system that will be causéd by the seaward location of the proposed construction represent the maximum that such impacts are acceptable to the Department. Therefore, future construction on t/he site seaward of the coastal construction control line shall not extend further seaward of the proposed structures approved pursuant to this permit. Based on the foregoing considerations, the designee 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: August 31, 2009 LOCATION: Between approximately 133 fect to 233 feet south of the Department of Environmental Protection's reference monument R-51, in Duval County. Project address: 343 Beach Avenue, Atlantic Beach. ~ tt, * ra % can PERMITTEE: Las Golondrinas, LLC PERMIT NUMBER: DU-380 PAGE 2 PROJECT DESCRIPTION: Single-Family Dwelling 1, Location relative to control line: Approximately 133 feet seaward, corresponding with the seaward extent of the existing dwelling on the property. 2, Exterior dimensions: Approximately 71.7 feet in the shore-normal direction by 71.1 feet in the shore-parallel direction, including covered porches. 3. Type of foundation: Pilings. 4, Elevation: +21.5 feet (NGVD) FFE for residence, 5. Height above existing grade: A maximum of 4.5 feet for the residence, Excavation/Fill 1. Total volume of excavation: None except for temporary excavation related to foundation construction. 2. Volume of fill to be placed: Approximately 450 cubic yards, 265 cubic yards of which will be placed under the dwelling and 185 cubic yards of which will be used for dune restoration behind the existing concrete bulkhead. 3. Location of fill to be placed: From 60 feet to 147 feet seaward of the control line for the dwelling foundation, and from 167 feet to 212 feet seaward of the control line for the dune restoration. See Special Permit Condition 6. Other Structures/Activities 1. Demolition and removal of existing structures. See Special Permit Condition 5. 2, A stained concrete driveway extending approximately 46 feet seaward of the control line. 3. A circular stone paver walkway around the perimeter of the dwelling, extending 147 feet seaward of the control line. 4. Dune restoration. tn Landscape plantings. PERMITTEE: Las Golondrinas, LLC PERMIT NUMBER; DU-380 PAGE 3 6. Exterior lighting. See Special Permit Condition 7. SPECIAL PERMIT CONDITIONS: 1. i i No work shall be conducted under this permit until the permittee has received a written notice to proceed from the Department. Prior to issuance of the notice to proceed, the permittee shall submit two copies of detailed final site and grading plans and specifications for all authorized structures or excavation, including all appurtenant structures and utilities. These documents shall include seaward distances from the control line for all structures and activities and shall be signed and sealed by the design engineer or architect (as appropriate), who must be registered in the State of Florida, These plans and specifications shall be subject to approval from the staff of the Bureau of Beaches and Coastal Systems. Prior to conmmencement 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 permit. Contact Joel Gaillard at 1-877-314-1329 to schedule an appointment. The proposed locations of the structures shall be staked out for the conference, Prior to commencement of construction activity authorized by this permit, a temporary 6’ rigid construction fence shall be erected within the authorized construction limits. The fence shall remain in place until the construction authorized by this permit is complete. The optimum siting of the construction fence and any variance from the specified fence design shall be determined during the preconstruction conference by the staff representative so as to provide maximum protection to existing native vegetation. Existing dune vegetation shall be disturbed only to the minimum extent necessary to complete work within the authorized construction limits, and any native vegetation within the authorized construction limits shall be transplanted to suitable bare areas seaward of the control line. All rubble and debris resulting from this construction shall be removed to a location landward of the coastal construction contro! line. All fill material obtained from a source landward of the control line shall consist of sand which is similar to that already on the site in both grain size and coloration. This fill material shall be free of construction debris, rocks, or other foreign matter. A sample of the sand shall be provided to the staff representative during the preconstruction conference. PERMITTEE: Las Golondrinas, LLC PERMIT NUMBER: DU-380 PAGE 4 7, All lighting shall be installed and maintained as depicted in the approved lighting schematic. The “Dark Sky Outdoor Lantern” light fixture shall be replaced with a fully shielded fixture or equipped with a maximum 2.5 watt flat-faced amber LED bulb. 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 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. st Done und ordered this 3 { day of Agus 2006, in Tallahassee, Florida. Attachment: General Permit Conditions FILING AND ACKNOWLEDGEMENT State of Florida FILED, on this date, pursuant to $120.52 Department of Enyironmental Protection Florida Statutes, with the designated Department Clerk, receipt of which ishereby acknowledged. ‘ # 4 Xl Le Ea hr fs: es ot ettstein, Environmental Manager Deputy Clerk Date Buytau of Beaches and Coastal Systems

Docket for Case No: 06-004502
Issue Date Proceedings
Jan. 11, 2007 Order Closing File. CASE CLOSED.
Jan. 10, 2007 Petitioner`s Amended Withdrawal of Request for Administrative Hearing filed.
Nov. 27, 2006 Order of Pre-hearing Instructions.
Nov. 27, 2006 Notice of Hearing (hearing set for February 22 and 23, 2007; 9:00 a.m.; Atlantic Beach, FL).
Nov. 20, 2006 Department of Environmental Protection`s Amended Response to Initial Order filed.
Nov. 17, 2006 Department of Environmental Protection`s Response to Initial Order filed.
Nov. 09, 2006 Initial Order.
Nov. 09, 2006 Petitioner`s First Amended Request for Administrative Hearing filed.
Nov. 09, 2006 Request for Administrative Hearing filed.
Nov. 09, 2006 Final Order filed.
Nov. 09, 2006 Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer