Petitioner: DIETER KNOPPKE, CRAIG KELLER, AND ALLIANCE OF OWNERS VIA DELFINO CONDOMINIUM, INC.
Respondent: FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND SEAWINDS PROPERTY OWNERS' ASSOCIATION
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: Nov. 13, 2024
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¢ STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTESTION
Division of Water Resources Management
Bureau of Beaches and Goastal Systems
9200 Commonwealth Blvd, - Mail Station 300
Tallahassee, Florida 32399-3000
(880) 468.7708
PERMIT NUMBER: PB-906 AR (Corrected)
PERMITTEE
’ Beawinds Property Owners Association,
and Kajima Development Corporation
c/o Douglas W. Mann, PE,
Coastal Planning and Engineering, 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 aetivities seaward. of the coastal
construction control line was approved by the Department of Environmental Protection ori December 3, 2008.
Subséquént te 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 that upon compliance with the permit conditions, the activities
indicated in the project description of this comected permit aré of such a nature that they will result in ao
Significant adverse impacts to the beath/dune 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 Systema has
authority 9 approve or deny pursuant to Delegation of Authority, DEP Directive 100, effective September 27,
2062, ‘Based on the foregoing considerations, the Bureau Chicf approves the application: authorizes
construction and/or activities at the location indicated below iti 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 161.0535), Florida
Statrtes. i :
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
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PERMITTEE: Seawinds Property Owners Association,
and Kajima Development Corporation
PERMIT NUMBER: PR-906 AR (Comested)
PAGE 2
PROJECT DESCRIPTION:
Anchored Section of View Steel Sheet Pile Bulkhead
1 Location relative to control line: Approximately 149 feet seaward at the north end and approximately
152 feet seaward at the south end,
2. Length of wali: Approximately 360 linear feet.
3, Length of retin wall: Approximately 63 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 Mex Steel Sheet Pile Bulkhead
1. Location relative to controf line: Approxinaately 152 feet seaward at the north end and approximately
147 feet seaward at the south end. ,
2. — Leogth of wall: Approximately 276 linear feet
3 Bulkhead cap elevation: +15.0 feet (NAVD).
4, Bottom elevation of the bulkhead: -30.8 feet (NAVD).
Cantilevered Section of Ming? Steel Sheet Pile Bulkhead (Closing of the Gap)
1 Location relative to control line: Approximately 1 147 feet seaward at the north end aad, approximately
157 feet seaward at the south end: and appr j the,
wall.
2. Length of wall: Approximately 225 linear feet,
3. Lenpth of return: Approximately 10 feet at the south end.
4. Bulkhead cap elevation: +15.0 feet (NAVD),
$. Bottom elevation of the bulkhead: -30.8 feet (NAVD).
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Feb 6 2009 12:02
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PERMITTEE: Seawinds Property Owners Association,
and Kajima Development Corporation
PERMIT NUMBER: PB-906 AR (Corrected)
PAGE3
Propesed Excavation/Fill
1.
Total Volume of excavated material: Approximately: 7,225 cubic’yards. Volume of net excavation:
None; All excavated material to be placed as 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 meaxinnum distxice of 10 feet seaward of the bulkhead.
Volume of fill to be placed: Approximately 7,225 cubic yards. See Special Permit Condition 5.
Location of fill placed: Within the excavated areas and landward of the bulkhead,
SPECIAL PERMIT CONDITIONS:
Lh
Prior to commencement of construction activity authorized by this permit, a preconstruction
conference shall be held at the site among the contrattor; the owner or authorized agent, and 9 staff
representative of the Bureau of Beaches and Coastal Systems (contact Mark Taynton at toll-free
paker 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.
Construction, activity authorized by this permit shall pot commence until after the time period
provided in the public notice for the public to exercise any rights they may have under Chapter 120,
Flonda Statutes, has expired, or if a hearing is requested, disposition of the hearing request has been
made.
Prior to completion of construction activities authorized by this permit; the permittee shall conduct the
following dune restoration and management activities:
3.1. Any existing invasive muisance species listed in the Florida Exotic Pest Plant Council's List of
Category [and If Invasive ‘Species, including but not limited to, Australian Pine (Casuarina
spp}, Brazilian Pepper (Schinus terebinthifolius), and Beach Naupaka (Scaevola sericea),
shall be remaved. 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, cotdgrass, panic grass, dune sunflower or other approved native shrubs or groundcovers.
32. Ary dune area disturbed during construction shall be restored to at minimom its
preconstruction elevations and shall be re-vegetated with native dune vegetation plants. A mix
of a minimum of three native salt-tolerant species shall be planted within any disturbed dune
areas. 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
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MEUESArE Uyeda
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 ijavasive nuisance plant species.
such as listed in the Florida Exotic Pest Plant Council's List of Invasive Species Category I
and TI. .
4, All beach compatible material excavated for installation of the bulkhead shall be placed im the
immediate vicinity of the excavation seaward of the coastal construction control line.
5 Any 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 fiee of
construction debris, rocks, or other foreign matter. A sample of the sand shall be provided to the staff
representative during the preconstruction conference.
6. No operation, transportation or storage of equipment or materials is authorized seaward of the dune
crest oF rigid coastal structure in marine turtle nesting habitat during the matine turtle nesting season,
The marine wurtle nesting season is March } through October 31.
7. This petmit does not authorize any additional exterior lighting,
This corrected permit, with the teferenced attachments, comprises the entire permit, and supersedes. the permit
as previousty issued. .
Approved plans are incorporated info this permit by reference,
Done and ondered this |B" “day of December 2608, in Talishassee, Flori.
Attachment: General Permit Conditions
FILING AND ACKNOWLEDGEMENT State of Florida
FILED, on this date, pursuant te $120.52 Depertment of Environmental Protection
Flotida Statutes, with the designated © mo,
Department Cleck, receipt of which is hereby
(y owledged. : WLse |
A Sti slots 24 fF DE ichae] R. Barnett, PE, a
Clerk, ' Date Bureau of Beaches and Coastal Systems.
Docket for Case No: 09-000631
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. 13, 2009 |
(Petitioner`s) Response to Initial Order (D.Sweethood) 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.
|