51 BEACH AVE POOL22-0014 DU-559.FO-Corrected-clerked secured revision 6-16-22_1
PERMIT NUMBER: DU-559 (Corrected) PERMITTEE
Robin O. and Tabitha L. Sorensen c/o Taylor C. Scheuermann, Project Manager Coastal Systems International, Inc.
464 South Dixie Highway Coral Gables, FL 33146 NOTICE TO PROCEED AND CORRECTED PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES PURSUANT TO SECTION 161.053, FLORIDA STATUTES
FINDINGS OF FACT: An application for authorization to conduct the activities seaward of the coastal construction control line was approved by the Department of Environmental Protection on May 5, 2020. Subsequent to issuance of the permit, the Department staff was notified by the agent that certain items within the permit which needed corrections. The proposed project is to be located landward of the 30-year erosion
projection in the immediate area. There is no uniform 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 corrected 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 Section 62B-33.005, Florida Administrative Code. 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 of, or increase the shore-parallel coverage occupied by, the proposed structures approved pursuant to
this permit. Based on the foregoing considerations, the Department approves the application; authorizes construction and/or activities at the location indicated below in strict accordance with the corrected project description, the approved plans (if any) and the General Permit Conditions which are by this reference incorporated herein, and any additional conditions shown below, pursuant to Section 161.053(4), Florida
Statutes. EXPIRATION DATE: May 5, 2023
LOCATION: Between approximately 203 feet and 253 feet south of the Department of Environmental
Protection's reference monument R-52, in Duval County. Project address: 51 Beach Avenue, Atlantic Beach. PROJECT DESCRIPTION:
Three-Story Single-Family Dwelling 1. Location relative to control line: A maximum of 106.8 feet seaward as measured to the northeast corner, with 2nd story cantilevered decks extending a maximum of 111.5 feet seaward.
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Water Resource Management
2600 Blair Stone Road - Mail Station 3522
Tallahassee, Florida 32399-2400
(850) 245-8336
By Toni Gindlesperger at 10:31 am, Jun 16, 2022
By Mike Jones at 3:52 pm, Jun 27, 2022
PERMITTEE: Robin O. and Tabitha L. Sorensen PERMIT NUMBER: DU-559 (Corrected)
PAGE 2 2. Exterior dimensions: Approximately 35.0 feet in the shore-parallel direction by 92.8 feet in the shore-normal direction.
3. Type of foundation: Piles. 4. Finished Floor Elevation: +17.8 feet (NAVD).
Detached Landward Garage with 2nd Story Habitable Space 1. Location relative to control line: A maximum of 5.1 feet seaward as measured to the northeast corner.
2. Exterior dimensions: Approximately 21.3 feet in the shore-parallel direction by 15.0 feet in the shore-normal direction. 3. Type of foundation: Piles.
4. Finished Floor Elevation: +16.0 feet (NAVD). Swimming Pool with Attached Spa
1. Location relative to control line: Approximately 147.8 feet seaward as measured to the southeast corner. 2. Exterior dimensions: L-shaped pool is approximately 34.3 feet in the shore parallel direction by 26.3 feet in the shore-normal direction.
3. Type of foundation: Piles. 4. Deck elevation of swimming pool: +17.8 feet (NAVD).
5. Bottom elevation of pool shell: +12.1 feet (NAVD). 6. Maximum depth of swimming pool: 5 feet. 7. Total volume of excavation: Approximately 30.7 cubic yards for the swimming pool.
Excavation/Fill 1. Total volume of excavation: Approximately 208.7 cubic yards. Volume of net excavation: None;
excavated material to be placed as fill on the project site. 2. Location of excavation: From the control line to approximately 183 feet seaward of the control line.
3. Volume of fill to be placed: Approximately 320 cubic yards, including approximately 111.3 cubic yards
of imported material. See Special Permit Condition 4. 4. Location of fill to be placed: From the control line to approximately 183 feet seaward of the control line. See Special Permit Condition 2.
PERMITTEE: Robin O. and Tabitha L. Sorensen PERMIT NUMBER: DU-559 (Corrected)
PAGE 3 Other Structures/Activities
1. Demolition of remnant hardscape. See Special Permit Condition 3. 2. A 2-tiered wooden pool deck, varying in width from approximately 4 feet to 24 feet wide around the pool, extending approximately 159.8 feet seaward of the control line.
3. A rectangular section of sod surrounded by frangible retaining walls located at the seaward end of the pool deck stairs, measuring approximately 40 feet in the shore parallel direction by 16.4 feet in the shore-normal direction, and extending approximately 178.7 feet seaward of the control line.
4. A post-supported wooden trellis located on the pool deck at the northwest corner of the swimming pool, measuring approximately 16.5 feet in the shore parallel direction by 9.1 feet in the shore-normal direction, and extending approximately 128.9 feet seaward of the control line.
5. Frangible A pair of 4-foot tall CMU retaining privacy walls of variable height along the north, east, and
south property lines, extending out to a maximum of approximately 183.1 95 feet seaward of the control line. A pool fence will be installed along the inside edge of the retaining walls, including a gate along the east wall to allow for access to the dune walkover. The south wall will feature a gate to allow for access to the public dune walkover easement directly south of the subject parcel.
6. Wooden decking and hardscape on the landward side of the dwelling.
7. A concrete pool equipment pad on the northeast northwest corner of the dwelling.
8. A 4-foot wide wooden dune walkover. See Special Permit Condition 5.
9. Drainage swales on the north and south sides of the dwelling.
10. Landscape and dune restoration plantings. See Special Permit Conditions 6-10. 11. Exterior, landscape, and pool lighting. See Special Permit Condition 11.
SPECIAL PERMIT CONDITIONS: 1. 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 Department 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. Contact Trey Hatch at 904/655-1765 or trey.hatch@dep.state.fl.us to schedule a preconstruction conference.
2. Prior to commencement of construction activity authorized by this permit, a temporary construction fence shall be erected along the perimeter of the permitted activity. 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 native vegetation and dune features located on the site.
PERMITTEE: Robin O. and Tabitha L. Sorensen PERMIT NUMBER: DU-559 (Corrected)
PAGE 4 3. Any rubble and debris existing on the lot or resulting from new construction shall be removed and disposed of in a location landward of the coastal construction control line. Rubble and debris shall not
be buried by fill material. 4. All material to be excavated seaward of the coastal construction control line as part of construction authorized under this permit shall remain in and be placed in areas seaward of the coastal construction control line. All imported fill material shall be obtained from a source landward of the control line and
shall be consistent with the criteria specified in Rule 62B-33.005(7), Florida Administrative Code, 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 of the Department during the preconstruction conference.
5. The deck of the walkover structure shall be set to maintain a minimum elevation above the existing dune vegetation, and the width of the structure shall not exceed 4 feet. The piles for the walkover structure shall not be greater than 4-inch by 4-inch posts and shall not be encased in concrete. The walkover shall extend at least up to the existing line of vegetation but not further than 10 feet seaward of the vegetation.
The optimum siting of the walkover structure shall be determined by the staff representative of the Department during the preconstruction conference to provide maximum protection to the existing dune topography and vegetation located on the site and to avoid interference with public beach access and nesting sea turtles.
6. Prior to completion of construction, the permittee shall mitigate for dune vegetation removal according to the following conditions: the permittee shall enhance 1,822 square feet of dune system as depicted on the plans with native dune 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. 7. 7.1. No construction activities or operation, transportation or storage of equipment or materials other than hand planting and maintenance is authorized seaward of the buried bulkhead during the sea turtle nesting season, May 1 through October 31.
7.2. Prior to conducting any construction activity, including clearing, grubbing, fill placement and grading, the permittee shall remove from the property and properly dispose of all invasive nuisance plant species listed in the Florida Exotic Pest Plant Council’s List of Invasive Species Category I and II, including but not limited to Brazilian pepper, beach vitex, asparagus fern and natal grass. 7.3. Permittee shall plant a mix of a minimum of three different local dune plant species. Plant materials
shall be No. 1 grade nursery grown planting stock in minimum 2-inch wide containers. Dune restoration plants shall be spaced throughout the designated area in staggered rows a maximum distance of 18 inches apart. Planting units shall be installed a minimum of 6 inches deep to the top of the root ball. The permittee shall fertilize and water-in the planting units at the time of
installation and water as necessary until the plants are established and meet the survival criteria below. 7.4. 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 approved by the Department field
representative to prevent trampling of vegetation and erosion of the dune feature.
PERMITTEE: Robin O. and Tabitha L. Sorensen PERMIT NUMBER: DU-559 (Corrected)
PAGE 5 8. The Permittee shall achieve and maintain success within 180 days after planting. Success shall be based on the following criteria:
8.1. at least 80 percent of the planting units have survived, and 8.2. at least 80 percent of the planted area remains covered with native salt-tolerant species. 8.3. If, during the 180-day period, one or both criteria are not being met, the Permittee shall replant all deficient areas and/or maintain the plantings until the above success criteria are met. A summary report shall be provided to the Department 180 days after the final replanting
to document the success of the dune restoration. 9. Prior to submitting the final certification, the permittee shall submit an as-built plan prepared and
certified by a licensed landscape architect, engineer or professional with equivalent experience, showing
that dune enhancement has been completed in full accordance with the special permit conditions and the
approved planting plan.
10. The overall height of palms and specimen trees planted seaward of a major structure shall not exceed 14
feet overall height (measured from the ground to the growing tip of the unopened bud). The permittee shall maintain bracing or guying systems for palms and other large trees planted seaward of a major structure for a minimum of two growing seasons. Bracing or guying systems shall include deadmen or anchors designed to resist soil failure from forces created by tropical storms and installed below root
ball depth.
11. All lighting shall be installed and maintained as depicted in the approved lighting schematic. Underwater pool lighting shall be amber or red LED or equivalent and provide no more than ½ foot candle per square foot of pool surface area. There may be a decrease in the wattage of each approved lamp and a decrease
in the total number of each approved fixture without submitting a modified lighting plan for review and approval. However, if a fixture or lamp is changed to a different type, manufacturer or catalog number for any reason, or if the location of any fixture is changed it shall be submitted for review and approval by the Department prior to installation. No additional permanent exterior lighting is authorized.
12. Permittee shall submit compliance reports as specified in Special and General Permit Conditions of this permit. General Permit Conditions 1(q) and 1(r) pertain to written reports which must be submitted to the Department of Environmental Protection at specified times. The forms for the reports: 1(q) Foundation Location Certification (DEP Form 73-114B) and 1(r) Final Certification (DEP Form 73-
115B) are available at the website: http://www.dep.state.fl.us/beaches/forms.htm#CCCL. Each form may be submitted electronically. PROPRIETARY AUTHORIZATION Sovereign Submerged Lands Authorization – Letter of Consent Construction of a 4-foot wide wooden dune walkover and the replanting of dune vegetation seaward of the Erosion Control Line (ECL) requires a proprietary authorization, as the activity is located, in part, on
sovereignty, submerged lands, held in trust by the Board of Trustees of the Internal Improvement Trust Fund (BOT), pursuant to Article X, Section 11 of the Florida Constitution, and Sections 253.002 and 253.77, Florida Statutes (F.S). The activity is not exempt from the need to obtain a proprietary authorization. The BOT delegated, to the Department, the responsibility to review and take final action on this request for proprietary
authorization in accordance with Section 18-21.0051, Florida Administrative Code (F.A.C.). This proprietary authorization has been reviewed in accordance with Chapter 253, F.S., Chapter 18-21, F.A.C., and the policies of the BOT.
PERMITTEE: Robin O. and Tabitha L. Sorensen PERMIT NUMBER: DU-559 (Corrected)
PAGE 6 As staff to the BOT, the Department has reviewed the project described in this permit, and has determined that the construction of a 4-foot wide wooden dune walkover and the replanting of dune vegetation seaward of the
ECL qualifies for a Letter of Consent to use sovereignty, submerged lands, as long as the work performed is located within the boundaries as described herein and is consistent with the terms and conditions herein. Therefore, consent is hereby granted, pursuant to Chapter 253.77, F.S., to perform the activity on the specified sovereignty, submerged lands.
This authorization to use sovereignty, submerged lands is subject to the attached General Consent Conditions, which are a binding part of this authorization. General Letter of Consent Conditions
Any use of sovereignty submerged lands is subject to the following general conditions are binding upon the applicant and are enforceable under Chapter 253, F.S. 1. Sovereignty submerged lands may be used only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use will
constitute a violation. Violation of the authorization will result in suspension or revocation of the applicant’s use of the sovereignty submerged lands unless cured to the satisfaction of the Board of Trustees.
2. Authorization conveys no title to sovereignty submerged lands or water column, nor does it constitute recognition or acknowledgment of any other person’s title to such land or water. 3. Authorizations may be modified, suspended or revoked in accordance with its terms or the remedies
provided in Sections 253.04, and 258.46, F.S., and Chapter 18-14, F.A.C. 4. Structures or activities will be constructed and used to avoid or minimize adverse impacts to sovereignty, submerged lands and resources.
5. Construction, use, or operation of the structure or activity will not adversely affect any species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C. 6. Structures or activities will not unreasonably interfere with riparian rights. When a court of competent
jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity will be modified in accordance with the court’s decision. 7. Structures or activities will not create a navigational hazard.
8. Structures shall be maintained in a functional condition and shall be repaired or removed if they become dilapidated to such an extent that they are no longer functional. This shall not be construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005, F.A.C., within one year, of a
structure damaged in a discrete event such as a storm, flood, accident, or fire. 9. Structures or activities will be constructed, operated, and maintained solely for water dependent purposes or for non-water dependent activities authorized under paragraph 18-21.004(1)(f), F.A.C., or any other applicable law.
PERMITTEE: Robin O. and Tabitha L. Sorensen PERMIT NUMBER: DU-559 (Corrected)
PAGE 7 10. The applicant/permittee agrees to indemnify, defend and hold harmless the Board of Trustees and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the
authorization to use sovereignty submerged lands or the applicant’s use and construction of structures on sovereignty submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization.
11. Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of Trustees of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure to enforce or a waiver prevent the Board of Trustees from enforcing the unenforced or waived provision in the event of a violation of that provision.
12. The Applicant/Permittee binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant/permittee or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant/permittee or its successors or assigns will have thirty (30)
days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization. 13. All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization
will be paid by the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the authorization. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before the change becomes effective.
14. This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant that prohibits the activity. GENERAL PERMIT CONDITIONS:
(1) The following general permit conditions shall apply, unless waived by the Department or modified by the permit: (a) The permittee shall carry out the construction or activity for which the permit was granted in accordance with the plans and specifications that were approved by the Department as part of the permit. Deviations therefrom, without written approval from the Department, shall be grounds for suspension of the work and
revocation of the permit pursuant to section 120.60(7), F.S., and shall result in assessment of civil fines or issuance of an order to alter or remove the unauthorized work, or both. No other construction or activities shall be conducted. No modifications to project size, location, or structural design are authorized without prior written approval from the Department. A copy of the notice to proceed shall be conspicuously displayed at the project
site. Approved plans shall be made available for inspection by a Department representative. (b) The permittee shall conduct the construction or activity authorized under the permit using extreme care to prevent any adverse impacts to the beach and dune system, marine turtles, their nests and habitat, or adjacent property and structures.
(c) The permittee shall allow any duly identified and authorized member of the Department to enter upon the premises associated with the project authorized by the permit for the purpose of ascertaining compliance with the terms of the permit and with the rules of the Department until all construction or activities authorized or required in the permit have been completed and all project performance reports, certifications, or other documents are received by the Department and determined to be consistent with the permit and approved plans.
PERMITTEE: Robin O. and Tabitha L. Sorensen PERMIT NUMBER: DU-559 (Corrected)
PAGE 8 (d) The permittee shall hold and save the State of Florida, the Department, and its officers and employees harmless from any damage, no matter how occasioned and no matter what the amount, to persons or property
that might result from the construction or activity authorized under the permit and from any and all claims and judgments resulting from such damage. (e) The permittee shall allow the Department to use all records, notes, monitoring data, and other information relating to construction or any activity under the permit, which are submitted, for any purpose necessary except where such use is otherwise specifically forbidden by law.
(f) Construction traffic shall not occur and building materials shall not be stored on vegetated areas seaward of the control line unless specifically authorized by the permit. If the Department determines that this requirement is not being met, positive control measures, such as temporary fencing, designated access roads, adjustment of construction sequence, or other requirements, shall be provided by the permittee at the direction
of the Department. Temporary construction fencing shall not be sited within marine turtle nesting habitats. (g) The permittee shall not disturb existing beach and dune topography and vegetation except as expressly authorized in the permit. Before the project is considered complete, any disturbed topography or vegetation shall be restored as prescribed in the permit with suitable fill material or revegetated with appropriate beach and dune vegetation. When required for mitigation, dune vegetation will be considered successfully established if within
180 days of planting, a minimum of 80 percent of the planting units survive, a minimum of 80 percent of the planted area is covered with native species and the vegetation is continuous without gaps along the shoreline. (h) All fill material placed seaward of the CCCL shall meet the requirements of subsection 62B-33.005(7), F.A.C. All such fill material shall be free of construction debris, rocks, clay, or other foreign matter; and shall
be obtained from a source landward of the CCCL. (i) If surplus sand fill results from any approved excavation seaward of the control line, such material shall be distributed seaward of the control line on the site, as directed by the Department, unless otherwise specifically authorized by the permit. Sand fill placed seaward of the frontal dune, bluff or coastal armoring in marine turtle
nesting habitat shall be configured such that it does not interfere with marine turtle nesting. (j) Any native salt-tolerant vegetation destroyed during construction shall be replaced with plants of the same species or, by authorization of the Department, with other native salt-tolerant vegetation suitable for beach and dune stabilization. Unless otherwise specifically authorized by the Department, all plants installed in beach and coastal areas – whether to replace vegetation displaced, damaged, or destroyed during construction or
otherwise – shall be of species indigenous to Florida beaches and dunes, such as sea oats, sea grape, saw palmetto, panic grass, saltmeadow hay cordgrass, seashore saltgrass, and railroad vine, and grown from stock indigenous to the region in which the project is located. (k) All topographic restoration and revegetation work is subject to approval by the Department, and the status of restoration shall be reported as part of the final certification of the actual work performed.
(l) If not specifically authorized elsewhere in the permit, no operation, transportation, or storage of equipment or materials is authorized seaward of the dune crest or rigid coastal structure during the marine turtle nesting season. The marine turtle nesting season is May 1 through October 31 in all counties except Brevard, Indian River, St. Lucie, Martin, Palm Beach, and Broward counties where leatherback turtle nesting occurs
during the period of March 1 through October 31. (m) If not specifically authorized elsewhere in the permit, no temporary lighting of the construction area is authorized at any time during the marine turtle nesting season and no additional permanent exterior lighting is authorized.
(n) All non-opaque walls, balcony railings, deck railings, windows and doors visible from any point on the beach must be tinted to a transmittance value (light transmission from inside to outside) of 45 percent or less through the use of tinted glass or window film.
PERMITTEE: Robin O. and Tabitha L. Sorensen PERMIT NUMBER: DU-559 (Corrected)
PAGE 9 (o) The permit has been issued to a specified property owner and is not valid for any other person unless formally transferred. An applicant requesting transfer of the permit shall sign the permit transfer agreement
form, agreeing to comply with all terms and conditions of the permit, and return it to the Department. The transfer request shall be provided on the form entitled “Permit Transfer Agreement” – DEP Form 73-103 (Revised 1/04), which is hereby adopted and incorporated by reference. No work shall proceed under the permit until the new owner has received a copy of the transfer agreement approved by the Department. A copy of the transfer agreement shall be displayed on the construction site along with the permit. An expired permit shall not
be transferred. Copies of the “Permit Transfer Agreement” form are available at the following website: https://floridadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl-forms. (p) The permittee shall immediately inform the Department of any change of mailing address of the permittee
and any authorized agent until all requirements of the permit are met. (q) For permits involving habitable major structures, all construction on the permitted structure shall stop when the foundation pilings have been installed. At that time the foundation location form shall be submitted to and accepted by the Department prior to proceeding with further vertical construction above the foundation. The form shall be signed by a professional surveyor, licensed pursuant to chapter 472, F.S., and shall be based upon
such surveys performed in accordance with chapter 472, F.S., as are necessary to determine the actual configuration and dimensioned relationship of the installed pilings to the control line. The information shall be provided to the Department using the form entitled “Foundation Location Certification” – DEP Form 73-114B (Revised 9/05), which is hereby adopted and incorporated by reference. Phasing of foundation certifications is
acceptable. The Department shall notify the permittee of approval or rejection of the form within seven (7) working days after staff receipt of the form. All survey information upon which the form is based shall be made available to the Department upon request. Permits for repairs or additions to existing structures with nonconforming foundations are exempt from this condition.
(r) For permits involving major structures and exterior lighting on major structures, the permittee shall provide the Department with a report by a registered professional within 30 days following completion of the work. For permits involving armoring or other rigid coastal structures, the permittee shall provide the Department with a report by an engineer licensed in the State of Florida within 30 days following completion of the work. The report shall state that all locations specified by the permit have been verified and that other
construction and activities authorized by the permit, including exterior lighting, have been performed in compliance with the plans and project description approved as a part of the permit and all conditions of the permit; or shall describe any deviations from the approved plans, project description, or permit conditions, and any work not performed. Such report shall not relieve the permittee of the provisions of paragraph 62B-33.0155(1)(a), F.A.C. If none of the permitted work is performed, the permittee shall inform the Department in
writing no later than 30 days following expiration of the permit. The report shall be provided on the form entitled “Final Certification” DEP Form 73-115B (Revised 9/05), which is hereby adopted and incorporated by reference. Copies of the “Final Certification” form are available at the following website: https://floridadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl-
forms. (s) Authorization for construction of armoring or other rigid coastal structures is based on an engineering review and assessment of the design and anticipated performance and impact of the structure as a complete unit. Construction of any less than the complete structure as approved by the Department is not authorized and shall
result in the assessment of an administrative fine and the issuance of an order to remove the partially constructed structure. Modifications to the project size, location, or structural design shall be authorized by the Department in accordance with rule 62B-33.013, F.A.C. (2) The permittee shall not commence any excavation, construction, or other physical activity on or encroaching on the sovereignty land of Florida seaward of the mean high water line or, if established, the erosion
control line until the permittee has received from the Board of Trustees of the Internal Improvement Trust Fund the required lease, license, easement, or other form of consent authorizing the proposed use.
PERMITTEE: Robin O. and Tabitha L. Sorensen PERMIT NUMBER: DU-559 (Corrected)
PAGE 10 (3) The permittee shall obtain any applicable licenses or permits required by Federal, state, county, or municipal law.
(4) This permit does not authorize trespass onto other property. (5) In the event of a conflict between a general permit condition and a special permit condition, the special permit condition shall prevail. (6) Copies of any forms referenced above can be obtained by contacting the Department of Environmental Protection, 2600 Blair Stone Road, MS 3522, Tallahassee, Florida 32399-2400, at
https://floridadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl-forms or by telephoning (850)245-8336. This corrected permit, with the referenced attachments, comprises the entire permit, and supersedes the permit as previously issued. Approved plans are incorporated into this permit by reference. NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a petition for an
administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a
petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order
of the Department. Because the administrative hearing process is designed to formulate final agency action, the
hearing process may result in a modification of the agency action or even denial of the application.
Petition for Administrative Hearing
A person whose substantial interests are affected by the Department’s action may petition for an administrative
proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-106.201 and 28-106.301,
F.A.C., a petition for an administrative hearing must contain the following information:
(a) The name and address of each agency affected and each agency’s file or identification number, if
known;
(b) The name, address, and telephone number of the petitioner; the name, address, and telephone number
of the petitioner’s representative, if any, which shall be the address for service purposes during the
course of the proceeding; and an explanation of how the petitioner’s substantial interests are or will be
affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner
contends warrant reversal or modification of the agency’s proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification
of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific
rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes
the agency to take with respect to the agency’s proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing.
PERMITTEE: Robin O. and Tabitha L. Sorensen PERMIT NUMBER: DU-559 (Corrected)
PAGE 11 Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and
persons entitled to written notice under Section 120.60(3), F.S., must be filed within 21days of receipt of this
written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written
notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21
days of receipt of the written notice, whichever occurs first. The failure to file a petition within the appropriate
time period shall constitute a waiver of that person's right to request an administrative determination (hearing)
under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any
subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the
presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s
action may also request an extension of time to file a petition for an administrative hearing. The Department
may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a petition for an administrative hearing. A timely request for extension of time
shall toll the running of the time period for filing a petition until the request is acted upon.
Mediation
Mediation is not available in this proceeding.
Judicial Review
Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and
9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of the Department.
PERMITTEE: Robin O. and Tabitha L. Sorensen PERMIT NUMBER: DU-559 (Corrected)
PAGE 12
EXECUTION AND CLERKING Executed in Tallahassee, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
David A. Kriger, Permit Manager Coastal Construction Control Line Program Division of Water Resource Management
CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document and all attachments were sent on the filing date below to the following listed persons:
Taylor C. Scheuermann, Coastal Systems International, Inc., tscheuermann@coastalsystemsint.com Trey Hatch, FDEP CCCL Field Inspector, trey.hatch@dep.state.fl.us Dan Arlington, City of Atlantic Beach Building Official, darlington@coab.us Robin O. and Tabitha L. Sorensen, Property Owners, rsorensen@firehousesubs.com
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which
is hereby acknowledged.
___________ ____________ Clerk Date 6/1/2020