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ROBERT AND ELLEN MEISTER, JOHN CLAPPER III AND BRIGID S. CLAPPER; LISELOTTE AND GERHARD LIEBIG; THOMAS AND GABRIELE LIEBIG vs CATHERINE M. CONOVER AND DEPARTMENT OF ENVIRONMENTAL PROTECTION, 06-004781 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-004781 Visitors: 27
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: Dec. 23, 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.
Source:  Florida - Division of Administrative Hearings

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