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DIETER KNOPPKE, CRAIG KELLER, AND ALLIANCE OF OWNERS VIA DELFINO CONDOMINIUM, INC. vs FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND SEAWINDS PROPERTY OWNERS' ASSOCIATION, 09-000631 (2009)

Court: Division of Administrative Hearings, Florida Number: 09-000631 Visitors: 22
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: Dec. 24, 2024
Feb 6 2009 12:02 a2/a6/2889 12:88 B5a2d52297 FLDEP PAGE 11/14 ¢ 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 Feb 6 2009 12:02 a2/a6/2889 12:88 B5a2d52297 FLDEP PAGE 12/14 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). a2/ 6/2889 Feb 6 2009 12:02 12: 868 B5a2d52297 FLDEP PAGE 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 13/14 Feb 6 2009 12:03 a2/a6/2889 12:88 B5a2d52297 FLDEP PAGE 14/14 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.
Source:  Florida - Division of Administrative Hearings

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