Petitioner: ROBERT AND ELLEN MEISTER, JOHN CLAPPER III AND BRIGID S. CLAPPER; LISELOTTE AND GERHARD LIEBIG; THOMAS AND GABRIELE LIEBIG
Respondent: CATHERINE M. CONOVER AND DEPARTMENT OF ENVIRONMENTAL PROTECTION
Judges: D. R. ALEXANDER
Agency: Department of Environmental Protection
Locations: Naples, Florida
Filed: Nov. 27, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, February 19, 2007.
Latest Update: Nov. 20, 2024
NOTE: THIS AUTHORIZATION
IS DIFFERENT FROM THE
ORIGINAL REQUEST. SEE
SPECIAL PERMIT CONDITIONS.
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 32399-300
(850) 488-7708 :
PERMIT NUMBER: CO-823
PERMITTEE:
Catherine M. Conover
theo ( {
c/o Brett D. Moore, P.E., Vice. President a lo U | iS
Humiston and Moore Engineers
S
- eS :
5679 Strand Court, Unit 110 So g Fh
Naples, Florida 34110 mes =. SS
Boe yt
PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES 2¢S mm
PURSUANT TO SECTION 161.053, FLORIDASTATUTES 20 U ¢
< wT
FINAL ORDER mos
ud
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 May 23, 2005, and was determi
ined to be complete pursuant to rule on June 12, 2006.
However, on September 7, 2006, the applicant waived the 90-day time limit imposed on the Department for
processing completed applications pursuant to Chapter 120, Fl
orida Statutes, until October 8, 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/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 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 caused by the seaward location of
the proposed construction represent the maximum such impacts that are acceptable to the Department.
Therefore, future construction on the 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: October 5, 2009
PERMITTEE: Catherine M. Conover
PERMIT NUMBER: CO-823
PAGE 2
LOCATION: Between approximately 270 feet and 370 feet south of the Department of Environmental
Protection's reference monument T-69, in Collier County. Project address: 1 Third Avenue South, Naples,
PROJECT DESCRIPTION:
Seaward Elevated Swimming Pool/Poo! Deck
Lk
2.
Location relative to control line: See Special Permit Conditions 2 and 3.
Exterior dimensions: Approximately 14.3 feet in the shore-normal direction by 21.7 feet in the
shore-parallel direction. ;
Type of foundation: Fiberglass ‘Endless’ Pool on 10-inch wooden pilings.
Deck elevation of swimming pool: +11.2 feet (NGVD).
Bottom elevation of swimming pool: Approximately +8.2 feet (NGVD). )
Maximum depth of swimming pool: 3 feet.
Height of pool deck above existing grade: Approximately 3.7 feet.
Seaward Wooden Decks, Ramps and Walkways Adjacent to the Pool
1.
2.
3.
Location relative to control line: See Special Permit Conditions 2 and 3.
Exterior dimensions: Approximately 15 feet in the shore-normal direction by 21.8 feet in the shore-
parallel direction.
Type of construction: 10-inch wooden pilings.
SPECIAL PERMIT CONDITIONS:
L
to
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 a revised signed and sealed
survey of the subject property. The information depicted on the drawing shall be from field survey
work performed not more than six months prior to the date of application. The survey shall comply
with the requirements given in Rule 62B-33.0081, F.A.C. The survey shall be subject to approval
from the staff of the Bureau of Beaches and Coastal Systems, and shall include or reflect the
following: ,
PERMITTEE: Catherine M: Conover
PERMIT NUMBER: CO-823
PAGE 3
ts
un
2.1. Revised location of the 1989 control line, including the location and ‘full stamping of the two
nearest Department or published 2nd order or higher horizontal control points.
iN)
lo
Revised distances seaward of and perpendicular to the control line, with break lines deleted
Jor the seawardmost distances of the foundations of the existing dwelling on the subject
property and the dwellings depicted on the adjacent properties.
Prior to issuance of the notice to proceed, the permittee shall submit two copies of a revised
dimensioned detailed ‘site ‘plan and grading plan, as necessary, to an appropriate scale showing the
location of the proposed structure(s) with respect to the CCCL, the location of the proposed
construction limits, and the location and volume of any proposed excavation or fill, and all distances
and locations as referenced in subsection 62B-33.0081(1), F.A.C. These documents shall be signed
and sealed by a design engineer or architect licensed in the state of Florida. The plans shall be
subject to approval from the staff of the Bureau of Beaches and Coastal ‘Systems, and shall include or
reflect the following:
3.1. Revised location of the 1989 control line,
3.2. Revised distances seaward of and perpendicular to the control line, with break lines deleted,
Jor the seawardmosr distances of the foundations of the existing dwelling on the subject
Property and the dwellings depicted on the adjacent properties,
3.3. Revised distances seaward of and perpendicular to the control line, with break lines deleted,
Jor the séawardmost distances of all proposed structures authorized in this final order,
including the pool and deck located no farther than 14.3 Jeet seaward of the existing
dwelling. :
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 Jennifer Cowart 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.
Prior to commencement of construction activity authorized by this permit, a temporary rigid
construction fence shall be erected along the perimeter of the native vegetation to be protected. 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.
PERMITTEE: Catherine M. Conover:
PERMIT NUMBER: CO-823
PAGE 4
Existing vegetation shall be disturbed only to the minimum extent necessary to complete work within
the ‘authorized construction limits. ' Prior to completion of construction activities authorized by this
permit, the permittee shall plant a mix of a minimum of three native salt-tolerant species within any
disturbed areas and any barren areas that lost native vegetation as a result of recent hurricanes
seaward of the control line. Plantings shall consist of salt-tolerant species indigenous to the native
plant communities existing on or near the site or with other native species approved by the Department.
Sod 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 as-
listed in the Florida Exotic Pest Plant Council’s May 2003 List of Invasive Species Category I and II.
(A copy of this list is available on the Internet at www.fleppe.org.) In addition, the permittee shall
remove all invasive exotic plant species from the property. ' :
7. The permittee shall cease construction upon completion of piling placement and submit a
Foundation Location Certification certifying the distance the seawardmost piling has been placed as
measured perpendicular to the control line.
8. No temporary lighting of the construction area is authorized during the marine turtle nesting season,
May | through October 31.
9. Pool light illumination shall not exceed 4 watt per square foot of pool surface area.
10. No other structures or activities are 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. oS
Approved plans are incorporated into this permit by reference.
Done and ordered this . ) day of e 2. 2006, in Tallahassee, 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 ai
ettstein, Environmental Manager
Byféau of Beaches and Coastal Systems
Docket for Case No: 06-004781
Issue Date |
Proceedings |
Feb. 19, 2007 |
Order Closing File. CASE CLOSED.
|
Feb. 16, 2007 |
Joint Stipulated Dismissal with Prejuidice filed.
|
Feb. 12, 2007 |
Notice of Cancellation of Telephonic Status Conference filed.
|
Feb. 06, 2007 |
Notice of Telephonic Status Conference filed.
|
Jan. 31, 2007 |
Petitioner`s Response to Order of Pre-hearing Instructions and Response to Request for Sanctions filed.
|
Jan. 31, 2007 |
Department of Environmental Protection`s Response to Order of Pre-hearing Instructions and Request for Sanctions filed.
|
Jan. 31, 2007 |
Order (Motion for Continuance is denied).
|
Jan. 30, 2007 |
Respondent`s Motion for Sanctions Against Petitioners and John Clapper, III Esquire and Pre-hearing Stipulation filed.
|
Jan. 30, 2007 |
Petitioner`s Response to Respondent`s Submittals Regarding Petitioners Motion for Continuance filed.
|
Jan. 29, 2007 |
Department of Environmental Protection`s Response in Opposition to Petitioners` Motion for Continuance filed.
|
Jan. 29, 2007 |
Respondent`s Objection to Petitioners` Motion for Continuance filed.
|
Jan. 26, 2007 |
Motion for Continuance filed.
|
Jan. 11, 2007 |
Demand for Production of Documents filed.
|
Dec. 11, 2006 |
Respondent Catherine M. Conover`s Expert Witness Request for Production to Petitioner Jon Clapper III filed.
|
Dec. 06, 2006 |
Order of Pre-hearing Instructions.
|
Dec. 06, 2006 |
Notice of Hearing (hearing set for February 19 and 20, 2007; 9:00 a.m.; Naples, FL).
|
Dec. 05, 2006 |
Department of Environmental Protection`s Joint Response to Initial Order filed.
|
Dec. 04, 2006 |
Compliance with Initial Order Dated 11-27-06 filed.
|
Dec. 01, 2006 |
Notice of Appearance and Substitution of Counsel for the Florida Department of Environmental Protection (filed by K. Russell).
|
Nov. 30, 2006 |
Notice of Appearance and Request for Service (filed by D. Wood).
|
Nov. 27, 2006 |
Objection to the Final Order of the State of Florida, Department of Environmental Protection dated October 5, 2006 Re Permit Number C0-823 and Request for an Administrative Hearing filed.
|
Nov. 27, 2006 |
Final Order filed.
|
Nov. 27, 2006 |
Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.
|
Nov. 27, 2006 |
Initial Order.
|