Petitioner: SHELDON J. AND BARBARA SCHLESINGER
Respondent: GAIL M. GORDON AND DEPARTMENT OF ENVIRONMENTAL PROTECTION
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Environmental Protection
Locations: Miami, Florida
Filed: Jul. 12, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 10, 2008.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA
NOTE: THIS AUTHORIZATION DEPARTMENT OF ENVIRONMENTAL PROTECTION
IS DIFFERENT FROM THE Division of Water Resource Management
Es stal st
ORIGINAL REQUEST. SEE uP 3900 Commonwealth Blvd. - Mail Station 300
SPECIAL PERMIT CONDITIONS. FLORIBA Tallahassee, Florida 32399-3000
(850) 488-7708
PERMIT NUMBER: DA-531
PERMITTEE 0 7 ~ S| (% Y
Gail M. Gordon
c/o Adrian Lyew-Ayee, Project Manager
Coastal Systems International, Inc.
464 South Dixie Highway
Coral Gables, Florida 33146
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 that are indicated in the project description, was filed by the applicant/permittee
named herein on December 8, 2006, and was determined to be complete pursuant to rule on February 22,
2007. 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 of this permit 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 Sections 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 and shore-parallel width 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, or increase the shore-parallel coverage occupied by, 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 Section
161.053(5), Florida Statutes.
EXPIRATION DATE: May 23, 2010
LOCATION: Between approximately 338 feet and 438 feet south of the Department of Environmental
Protection's reference monument R-4, in Dade County. Project address: 365 Ocean Boulevard, Golden Beach.
PERMITTEE: Gail M. Gordon
PERMIT NUMBER: DA-531
PAGE 2
PROJECT DESCRIPTION:
Three-Story, Single-Family Dwelling
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1. Location relative to control line: A maximum of 88.9 feet seaward.
2. Exterior dimensions: A maximum of 110 feet in the shore-normal direction by a maximum of 80 feet
in the shore-parallel direction.
3. Type of foundation: Piles.
4. Elevation of understructure area: +11.0 feet NAVD).
Swimming Pool
1. Location relative to control line: See Special Permit Condition 2.
2. Exterior dimensions: A maximum of 27.0 feet in the general shore-normal direction by a maximum of
42.3 feet in the general shore-parallel direction.
3. Type of foundation: Piles.
4. Deck elevation of swimming pool: +17.2 feet (NAVD).
5. Bottom elevation of swimming pool: +11.2 feet (NAVD).
6. Maximum depth of swimming pool: 5.5 feet.
Spa
1. Location relative to control line: A maximum of 114 feet seaward.
2. Exterior dimensions: 1-foot diameter.
3. Deck elevation of spa: +13.1 feet (NAVD).
Excavation/Fill
1. Volume of excavation seaward of the control line for pool and grading: Approximately 45.6 cubic
yards. Volume of net excavation: None; excavated material to be placed as fill on the project site.
2. Location of excavation: Across the site to a maximum distance of 140 feet seaward of the control line.
3. Maximum depth of excavation: To elevation +11.0 feet (NAVD); 2 feet below existing grade.
4. Volume of fill to be placed: Approximately 1,100 cubic yards.
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PERMITTEE: Gail M. Gordon
PERMIT NUMBER: DA-531
PAGE 3
Location of fill to be placed: Across the site to a maximum distance of 147 feet seaward of the control
line. .
Other Structures/Activities
1.
Renovate the existing cabana of dimensions 11.4 feet shore-normal by 13.9 feet shore-parallel is to be
located a maximum distance of 137.7 feet seaward of the control line.
A 10.5-foot by 10.5-foot pavers on sand pool deck area is to be located a maximum distance of 146.7
feet seaward of the control line. -
A stone paver over sand deck/patio area between the dwelling, swimming pool and cabana.
Access ramp is to be located a maximum of 143.8 feet seaward of the control line.
Landscape activities to be located a maximum of 137.7 feet seaward of the control line.
Dune enhancement activities to be located a maximum distance of 280 feet seaward of the control line.
See Special Permit Condition 4.
SPECIAL PERMIT CONDITIONS:
1.
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 revised detailed site
and grading plans. These documents shall be signed and sealed by the design engineer or architect (as
appropriate), who must be licensed in the State of Florida. The plans and specifications shall be subject
to approval from the staff of the Bureau of Beaches and Coastal Systems, and shall include or reflect
the following: The proposed pool relocated landward to a maximum distance of 136 feet seaward of
the control line. :
Prior to issuance of the notice to proceed, the permittee shall provide staff with a copy of the building
permit or other final approval from the Town of Golden Beach.
Prior to issuance of the notice to proceed, the permittee shall provide the Bureau staff with two copies
of a dune enhancement plan as mitigation for impacts associated with the project in accordance with
the requirements of Special Permit Condition 10. The plans shall, at the minimum, include planting of
native salt-resistant, dune stabilizing vegetation in the dune system. The mitigation shall be performed
prior to completion of the project. The plans and work shall be subject to approval from the staff of the
Bureau of Beaches and Coastal Systems.
Prior to issuance of the notice to proceed, the permittee shall provide the Bureau staff with a revised
lighting plan for review and approval. The lighting plan shall be revised to reflect the following:
Fixture “B” showing bulbs not to exceed 40 watts.
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PERMITTEE: Gail M. Gordon
PERMIT NUMBER: DA-531
PAGE 4
10.
Construction activity authorized by this permit shall not commence until after the time period provided
in the public notice for the public to exercise 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 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 Wesley Cich 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.
All rubble and debris resulting from this construction shall be removed to a location landward of the
coastal construction control line.
All imported fill material shall be obtained from a source landward of the control line and 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.
Prior to completion of construction activity, the permittee shall have established a restored dune
according to the approved dune restoration plan and the following conditions: The permittee shall
restore the dune system as depicted on the plans, as well as any area disturbed during construction and
shall re-vegetate the disturbed areas with native dune vegetation plants. 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 the control line. Plantings 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.
10.1. The permittee shall place clean, beach compatible sand to create a stable berm seaward of the
major structure and continuous with the natural dune features in the area as depicted in the
approved grading plans. The seaward toe of the fill is to be located so as not to interact with
high frequency storm events. Side slopes matching the slope of natural dunes in the area. The
berm crest elevation of is to be set at the crest elevation of natural dunes in the area.
10.2. Permittee shall plant a mix of a minimum of three different species of native tolerant
vegetation, including sea oats and railroad vine. Dune restoration plants shall be spaced
throughout the designated area in staggered rows a maximum distance of 18 inches apart.
Grass planting units shall be installed a minimum of 6 inches deep. The permittee shall
fertilize, and water-in the planting units at the time of installation and irrigate and fertilize only
as necessary until the plants are established and meet the survival criteria below.
10.3. Within 180 days, a minimum 80 percent overall survival rate of the planting units will be
established and 80 percent of the planted area covered with the selected species. The permittee
shall replant all deficient areas and maintain the plantings until the above success criterion are
met. Irrigation systems and other structures placed during plant installation shall be removed
only after approval of planting success by the Department and within thirty days from the
submittal for final project certification.
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PERMITTEE: Gail M. Gordon
PERMIT NUMBER: DA-531
PAGE 5
11.
10.4. The dune restoration area shall be protected from foot traffic or other encroachments. Signs,
rope and bollard barriers, or sand fencing will be constructed as required by the Department
field representative to prevent trampling of vegetation and erosion of the dune feature.
10.5. Prior to submitting the final certification, the permittee shall submit an as-built plan prepared
and certified by a licensed landscape architect showing the dune restoration.
All lighting shall be installed and maintained as depicted in the approved lighting schematic. No
additional permanent exterior lighting is authorized.
CAVEATS:
1.
3.
Approved plans are incorporated into
Done and ordered this 23 ° day of
Attachment: General Permit Conditions
FILING AND ACKNOWLEDGEMENT
FILED, on this date, pursuant to $120.52
Florida Statutes, with the designated
Department Clerk, receipt of which is hereby
Due to potential adverse impacts to the beach and dune system that may result from additional
development on the property, the shore-parallel and 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.
The plans reviewed by the Department indicate that the proposed understructure walls appear to be
designed inconsistently with the standards of Section 3109 of the Florida Building Code for structures
located seaward of the Coastal Construction Control Line. Therefore, by approving this permit request,
the Department does not endorse or certify the adequacy of the authorized work, and does not
guarantee or warrant that such work will be sufficient to prevent immediate or future collapse during a
100-year coastal storm event.
No retaining wall is authorized under this permit along the seaward edge of the pool deck.
ermit by reference.
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