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587 Beach Avenue FDEP 01.28.2016 FLORIDA DEPARTMENT OF , ENVIRONMENTAL PROTECTION Division of Water Resource Management A 3900 Commonwealth Blvd.,Mail Station 300 FLOR IESEMBESEMBUSEP Tallahassee,Florida 32399-3000 Telephone(850)488-7708 NOTICE TO PROCEED Permittee Name: Permit Number: DU-442 Permit Expires: January 28, 2016 Kirk R. and Anne Marie Moquin c/o James Blythe Content Design Group 100 North Laura Street, Suite 800 Jacksonville, Florida 32202 You are hereby granted final authorization to proceed with construction or activities authorized by this notice. Authorized work must conform to the project description, approved plans, all conditions of Chapter 62B-33, Florida Administrative Code, any preconstruction requirements, and all permit conditions. Project Description: Construction of a three-story, single-family dwelling, landward garage, swimming pool/spa, other structures/activities, excavation, and fill placement. Project Location: Between approximately 288 feet and 388 feet south of the Department of Environmental Protection's reference monument R-50, in Duval County. Project Address: 587 Beach Avenue, Atlantic Beach. Special Instructions: A preconstruction conference is required. The permittee shall comply with all permit conditions. Questio s r- rding this notice should be directed to the undersigned at the above address. L.Al Zot al-, e Jones, Permit Manager ft Date V /dw cc: Permit File Permit Information Center Trey Hatch, Field Inspector Kirk R. and Anne Marie Moquin, Property Owner City of Atlantic Beach, Building Official Post Conspicuously on the Site DEP Form 73-131 (Updated 2/06) pa01EC110V Rick Scott f Florida Department of -1,4v-1r % Governor ,..-;:r-41:4, Environmental Protection Jennifer Carroll 47 .}` it Lt. Governor 1��> i Marjory Stoneman Douglas Building M,!.,,,` ,'. "" .,t -, ,A. 3900 Commonwealth Boulevard Tallahassee,Florida 32399-3000 Herschel T. Vinyard Jr. Secretary January 29, 2013 Kirk R. and Anne Marie Moquin c/o James Blythe Content Design Group 100 North Laura Street, Suite 800 Jacksonville, Florida 32202 Dear Blythe: Notice to Proceed Issued Permit Number: DU-442 Permittee Name: Kirk R. and Anne Marie Moquin Your request for a permit pursuant to Section 161.053, Florida Statutes, for construction or other activities seaward of the coastal construction control line, has been approved by the Department of Environmental Protection; the permit is enclosed. However, construction may not commence until after the permittee complies with any preconstruction requirements described in Special Permit Condition(s) 1, 2, and 5. Please read the permit and permit conditions including both the General Permit Conditions and any Special Permit Conditions closely before starting construction. General Permit Conditions 1(q), 1(r), and 1(s) pertain to written reports which must be submitted to the Department of Environmental Protection at specified times. Forms for use in preparation of these reports are enclosed. Make sufficient copies of the periodic report form to provide the required reports. The periodic reports are due in the office of the Bureau of Beaches and Coastal Systems on a monthly basis on the last working day of each month. No progress reports are required until such time as construction activities have started. The permit will expire on January 28, 2016. Upon receipt of a written request signed by the permittee or authorized agent, the Department will consider extending the permit for up to but no more than three years. You must apply for a new permit for completion of any work not accomplished under the original permit. Although you may apply for a new permit, there is no assurance that such new permit for the same construction or activities would be approved. 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, Florida Statutes, 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. wwwdep.statell us Kirk R. and Anne Marie Moquin January 29, 2013 Page Two 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, Florida Statutes. Pursuant to rule 28- 106.201, Florida Administrative Code, 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. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with rule 62-110.106(3), Florida Administrative Code, petitions for an administrative hearing by the applicant must be filed within 21 days 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), Florida Statutes, must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under section 120.60(3), Florida Statutes, however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. 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, Florida Statutes, 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, Florida Administrative Code. Kirk R. and Anne Marie Moquin January 29, 2013 Page Three Extension of Time Under rule 62-110.106(4), Florida Administrative Code, 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, before the applicable 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, Florida Statutes, by filing a Notice of Appeal pursuant to rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, 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 of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. The authorized work is strictly limited to that described on the enclosed permit. If you have any questions pertaining to this permit, please contact me by mail at the letterhead address (add Mail Station 300), by telephone at(850) 921-7849, or by email at valerie jones(a�dep.state.fl.us. Sincerely, ildaril "rt,, erie Jones, Permit Manager V/ oastal Construction Control Line Program Division of Water Resource Management VJ/dw Enclosures cc: Permit Information Center Trey Hatch, Field Inspector City of Atlantic Beach, Building Official Kirk R. And Anne Marie Moquin, Property Owners %PAOTECf10 '� STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of Water Resource Management 3900 Commonwealth Blvd. - Mail Station 300 Tallahassee, Florida 32399-3000 f- FLORID— (850) 488-7708 VigaiMenanigager PERMIT NUMBER: DU-442 PERMITTEE Kirk R. and Anne Marie Moquin do James Blythe Content Design Group 100 North Laura Street, Suite 800 Jacksonville, Florida 32202 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 that are indicated in the project description, was filed by the applicant/permittee named herein on September 5, 2012, and was determined to be complete pursuant to rule on November 2, 2012. The proposed project is to be located landward of the 30- year erosion projection. There is no uniform and continuous line of construction established by major structures in the area. The proposed project is to be located landward of existing and Department permitted major structures in the 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 Section 62B-33.005, Florida Administrative Code; and that it is an activity or type of construction which the designee of the Department has authority to approve or deny pursuant to Delegation of Authority, DEP Directive 137, effective May 14, 2001. 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(4), Florida Statutes. EXPIRATION DATE: January 28, 2016 LOCATION: Between approximately 288 feet and 388 feet south of the Department of Environmental Protection's reference monument R-50, in Duval County. Project address: 587 Beach Avenue, Atlantic Beach. PERMITTEE: Kirk R. and Anne Marie Moquin PERMIT NUMBER: DU-442 PAGE 2 PROJECT DESCRIPTION: Three-Story, Single-Family Dwelling 1. Location relative to control line: A maximum of 136 feet seaward, with seaward cantilevered living area to approximately 138 feet seaward. 2. Exterior dimensions: 2.1. Foundation (pilings): A maximum of 60 feet in the shore-normal direction by 58 feet in the shore-parallel direction. 2.2. Overall structure: A maximum of 64 feet in the shore-normal direction, including seaward and landward cantilevered living area, by 66.5 feet in the shore-parallel direction, including cantilevered living area. 3. Type of foundation: 14-inch diameter augercast concrete piles. Landward Garage 1. Location relative to control line: Approximately 70 feet seaward. 2. Exterior dimensions: 50.7 feet in the shore-normal direction by 24 feet in the shore- parallel direction. 3. Type of foundation: 14-inch diameter augercast concrete piles. Swimming Pool/Spa 1. Location relative to control line: A maximum of 156.5 feet seaward. 2. Exterior dimensions: 42.3 feet in the shore-normal direction by 14 feet in the shore- parallel direction. 3. Type of foundation: Concrete shell on concrete piles. 4. Deck elevation of swimming pool: +17.8 feet (NAVD). 5. Maximum depth of swimming pool: 11 feet. 6. Height of pool deck above existing grade: Approximately 2.4 feet on the seaward side. PERMITTEE: Kirk R. and Anne Marie Moquin PERMIT NUMBER: DU-442 PAGE 3 Excavation/Fill 1. Total volume of excavation: Approximately 141 cubic yards. Volume of net excavation: None; excavated material to be placed as fill on the project site. See Special Permit Condition 4. 2. Location of excavation: From 0 feet to approximately 157 feet seaward of the control line. 3. Maximum depth of excavation: To approximate elevation +3.8 feet (NAVD) for the pool; a maximum of approximately 11.6 feet below existing grade. 4. Volume of fill to be placed: Approximately 921 cubic yards. Volume of imported fill: Approximately 780 cubic yards. See Special Permit Condition 5. 5. Location of fill to be placed: From 0 feet to approximately 175 feet seaward of the control line. Other Structures/Activities 1. Demolition and removal of the existing dwelling, concrete driveway, brick walkways, concrete slabs, planter, landward retaining wall, and landward one-story frame building. See Special Permit Condition 3. • 2. A 4-inch thick, frangible concrete and paver pool deck attached to the periphery of the pool, varying in width between 5 and 21 feet, and located partially within the footprint of the dwelling, is to be located a maximum of approximately 161.5 feet seaward of the control line. 3. A 6-foot high masonry privacy wall with a landward gate is to be located along the north, south and landward peripheries of the property to approximately 70 feet seaward of the control line. A 6-foot high wood fence is to be located along the north and south property lines seaward from the masonry wall to the seawall, a maximum of approximately 217 feet seaward of the control line. A 4-foot high metal or wood fence is proposed for the shore-parallel, seaward side of the property. 4. Landward sand-set paver driveway and parking area. 5. Drainage improvements and two landward swales. PERMITTEE: Kirk R. and Anne Marie Moquin PERMIT NUMBER: DU-442 PAGE 4 6. Landscape improvements including removal and planting of ornamental and native species. See Special Permit Condition 6. 7. Exterior structural, swimming pool and landscape lighting. See Special Permit Condition 8. 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 (850) 488-7708 to schedule a 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 of the Department so as to provide maximum protection to the existing native vegetation and dune features located on the site. 3. All rubble, debris, wood, and damaged or broken concrete on the site resulting from this demolition and construction shall be removed and relocated landward of the coastal construction control line. 4. All excavated sand material shall be maintained on site seaward of the coastal construction control line. 5. All imported fill material shall be obtained from a source landward of the control line. All fill material placed seaward of the control line shall consist of sand that is similar to the native sand of the placement site in both coloration and grain size and be free of construction debris, metal, vegetation, organic soils, rocks, clay, or other foreign matter. A sample of the sand shall be provided to the staff representative of the Department during the preconstruction conference. 6. All plantings shall conform to the approved landscape plan. Plantings shall not include invasive nuisance plant species such as listed in the Florida Exotic Pest Plant Council's List of Invasive Species, Categories I and II. (A copy of this list is available on the Internet at www.fleppc.org.) • PERMITTEE: Kirk R. and Anne Marie Moquin PERMIT NUMBER: DU-442 PAGE 5 7. No construction, operation, transportation or storage of equipment or materials, and no temporary lighting of the construction area is authorized in marine turtle nesting habitat, seaward of the dune crest, at any time during the marine turtle nesting season (May 1 through October 31). 8. All lighting shall be shielded, installed and maintained as depicted in the approved lighting schematic and cut sheets. No additional permanent exterior structural, swimming pool or landscape lighting is authorized. Pool light illumination shall be provided by amber or red LED lamps not to exceed '/2 foot candle per square foot of pool surface area. Approved plans are incorpora ed into this permit by reference. Done and ordered this 2-1 day of J a vtva/y 2013, in Tallahassee, Florida. Attachment: General Permit Conditions FILING AND ACKNOWLEDGEMENT State of Florida FILED, on this date, pursuant to S120.52 Department of Environmental Protection Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. F Wettstein, Environmental Consultant eputy Clerk ate •/astal Construction Control Line Program Division of Water Resource Management FINAL CERTIFICATION nmErno Division of Water Resource Management Florida Department of Environmental Protection FLORIDA 3900 Commonwealth Boulevard Permit Number: DU-442 Mail to: Mail Station 300 _ 111111111111111111111111111111111111, Tallahassee,Florida 32399-3000 Kirk R. and Permittee Name: Anne Marie Moquin This is to certify that the work under the permit for construction or other activities seaward of the coastal construction control line pursuant to Section 161.053, Florida Statutes, was inspected by the undersigned and was found to be acceptable and satisfactory in accordance with the approved plans and project description and with all conditions of the permit. All permitted construction or activities have been completed, and no unpermitted construction or activities have occurred. Location and elevations specified by the permit and approved plans have been verified and found to be correct, and topography and vegetation have been either preserved or restored as required by the permit. FOR WORK INCLUDING: Construction of a three-story, single-family dwelling, landward garage, swimming pool/spa, other structures/activities, excavation, and fill placement. NOTE: Any deviations from the permit and any portions of the permitted work not actually performed shall be noted and described in detail as an exception to this certification. Signature of Engineer or Architect Date Typed or Printed Name of Engineer or Architect (Seal) State of Florida Registration Number DEP Form 73-115B(Updated 9/05) • FOUNDATION LOCATION CERTIFICATION �p p01FQ Division of Water Resource Management FLOR16A Florida Department of Environmental Protection 4111111111111111111111111111111. 3900 Commonwealth Boulevard Permit Number: DU-442 • Mail to: Mail Station 300 Tallahassee,Florida 32399-3000 Kirk R. and Permittee Name: Anne Marie Moquin This is to certify that all aspects of the foundation location, as constructed, are in accordance with both the plans and the project description approved by the Department of Environmental Protection as part of the permit. The foundation location certification is based upon such surveys as are necessary to determine the actual location specified below: Distance the seawardmost piling has been placed as measured perpendicular to the coastal construction control line: feet Note: Any deviations from the approved plans and specifications shall be stated as an exception to this certification. No further vertical construction on the permitted structure is authorized until the Bureau of Beaches and Coastal Systems has notified the permittee, in writing, that this foundation location certification has been approved. Signature of Applicant Date Typed or Printed Name of Applicant Signature of Surveyor Date Typed or Printed Name of Surveyor (Seal) State of Florida Registration Number DEP Form 73-114B(Updated 9/05) PERIODIC PROGRESS REPORT oonolicro Division of Water Resource Management l� Florida Department of Environmental Protection FLORIDA 3900 Commonwealth Boulevard PERMIT NUMBER: DU-442 Mail to: Mail Station 300 11111111111111111111111111111110 Tallahassee,Florida 32399-3000 KIRK R. AND PERMITTEE NAME: ANNE MARIE MOQUIN 1. If construction has occurred, please describe its maximum extent in the space provided below(If no work at all has been performed, please report"Not Started." If construction or other authorized activity has begun but no progress has been made since the last report, please report"No Progress"): CONSTRUCTION TO DATE INCLUDES: 2. All work performed as of this date is described above and is hereby certified to be in compliance with the project description and plans approved by the Department of Environmental Protection as part of the permit and with all conditions of the permit. Locations and elevations of all construction as of this date have been specifically verified as applicable and have been found to comply with the project description,approved plans,and conditions of the permit. No unpermitted construction or activity has occurred (Any exceptions to the statement above are to be described and explained under Item Number 1 above,as part of this report.The explanation should state why the construction or activities not in accordance with the permit has occurred.) 3. The property owner or authorized agent may sign these progress reports. However for new armoring or major reconstructed armoring, the reports must be signed by an engineer licensed in the state of Florida following each period in which construction has occurred. (Seal) Signature of Engineer(if applicable) Date Typed or Printed Name of Engineer(if applicable) Florida Registration Number(if applicable) Signature of Property Owner or Authorized Agent(if applicable) Date Typed or Printed Name of Property Owner or Authorized Agent DEP Form 73-111 (Revised 6/04)