399 Beach Avenue LETTER 09.25.2006 (Booth) •
Galen D. Bauer
$pohrer Edward M.oo *
Boo
E-mail e Booth*
aw.com
MAXWELL Et MATTHEWS, P.A. Steven R. Browning
Sean B. Cronin*
ATTORNEYS AND COUNSELORS AT LAW Stephanie J. Hartley
Jay M. Howanitz
Floyd L. Matthews
Gregory H. Maxwell
Barry E. Newman
Chad S. Roberts
""' Robert F. Spohrer*
4164"...a/0402,4, Gretchen Van Liere
Norwood S. Wilner
u0
Roger J. Dodd, of counsel
September 25, 2006 *Board Certified Aviation
Law Attorney
Department of Environmental Protection
Office of General Counsel
3900 Commonwealth Boulevard
Mail Station 35
Tallahassee, FL 32399
Re: File No. DU-380
Property Owner Name: Las Golondrinas, LLC
REQUEST FOR ADMINISTRATIVE HEARING
The Edward M. Booth and Bonnie D. Booth Life Estate, by and through their
undersigned attorneys, and pursuant to Rule 28-106.201(2), Florida Administrative Code,
request an Administrative Hearing on the Final Order approving a permit for construction
and other activities in favor of Las Golondrinas, LLC. The information required by said
provision is as follows:
A. The agencies affected are the Florida Department of Environmental Protection,
3900 Commonwealth Boulevard, Tallahassee, Florida 32399, File No. DU-380, and the
property owner Las Golondrinas, LLC (c/o Waddell Realty Co., LLC, 1 Bradley Park Court,
Columbus, Georgia 31904 and c/o Kevin Partel, President, Coastal Consulting and
Restoration), and the City of Atlantic Beach Building Codes and Permit Department, 800
Seminole Road, Atlantic Beach, Florida 32233-5445.
B. Petitioner is the Edward M. Booth and Bonnie D. Booth Life Estate, 399 Beach
Avenue, Atlantic Beach, FL 32233. Bonnie D. Booth is the current resident of said
property, Edward M. Booth having passed away on May 27, 2006. Mrs. Booth's telephone
number is 904-246-3259. Petitioner's representative is Edward M. Booth, Jr., Sporher,
Wilner, Maxwell & Matthews, P.A., 701 W. Adams Street, Suite 2, Jacksonville, Florida
32204.
701 WEST ADAMS STREET,SUITE 21 JACKSONVILLE,FL 322041 PH 904.354.8310 1 FAX 904.358.6889 I WWW.SWMMLAW.COM
September 25, 2006
Request for Administrative Hearing
Page 2
Petitioner's substantial interest will be affected by the Agency's determination by
subjecting Petitioner's property to flooding and/or destruction due to the compromising of
the bulkhead system, and by filling in of land approved by the Department's Final Order.
C. Petitioner received notice in the form of a copy of the Final Order by United
States Mail on September 8, 2006.
D. The disputed issues of material fact are the effect of the construction and fill
activity on the drainage and storm water runoff onto adjoining properties, including, but not
limited to that of Petitioner. An additional disputed fact is the effect of the destruction of
the portion of the bulkhead system on the integrity of said system as it relates to adjoining
properties.
E. Petitioner contents that the Final Order granting permission to conduct
construction activities of seaward coastal control line are based purely on anecdotal
representations and not sound engineering data. Las Golondrinas, LLC proposes to
install a large volume of fill on their property and have presented no evidence that said fill
will not cause storm water runoff to flood Petitioner's property. In addition, the proposal to
demolish the concrete cap on the bulkhead system that has protected these properties
since the early 1940's has not been reviewed by an engineer with appropriate credentials
to determine if said destruction will compromise the integrity of said bulkhead in the event
of a hurricane or other windstorm.
F. Florida law makes a property owner liable for changing the natural flow of storm
water runoff, when said change is to the detriment of persons owing adjoining lands. Las
Golondrinas, LLC has provided no engineering studies, only anecdotal evidence that the
water will drain westward. Likewise, Florida law makes a property owner liable for tje
destruction of a bulkhead system that results in damage or destruction to adjoining
property owners whose lands were protected by said structure. The issuance of the
requested permit fails to acknowledge and/or protect the rights of this property owner.
G. The relief sought by Petitioner is withdrawal of the coastal construction control
line permit identified by file number DU-380.
Respectfully submitted,
iii i111�
Edward M. Booth, Jr.
EMB/djf
•
701 WEST ADAMS STREET,SUITE 2 1 JACKSONVILLE,FL 322041 PH 904.354.83101 FAX 904.358.6889 1 WWW.SWMMLAW.COM
September 25, 2006
Request for Administrative Hearing
Page 3
Certificate of Service
This is to certify that the original of this Request for Administrative Hearing was
mailed to the Department of Environmental Protection, Office of General Counsel, 3900
Commonwealth Boulevard, Mail Station 35, Tallahassee, FL 32399, and that a copy of
same was furnished via United States Mail to the addressees below on this 25th day of
September, 2006.
Waddell Realty Co. LLC
1 Bradley Park Court
Columbus, GAS 31904-9207
Las Golondrinas, LLC
do Kevin Partel, President •
Coastal Consulting & Restoration
4230 Myrtle Street
St. Augustine, FL 32084
City of Atlantic Beach
Building Codes & Permit Department
800 Seminole Road
Atlantic Beach, Florida 32233-5445.
10 A,
140
Edward M. Booth, Jr.
701 WEST ADAMS STREET,SUITE 2 JACKSONVILLE,FL 32204 PH 904.354.8310 FAX 904.358.6889 I WWW.SWMMLAW.COM
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ov r) FAX MEMORANDUM
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_____„",
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Telephone(904)247-5800
FAX (904) 247-5805
SUNCOM 852-5800
TO: Alan Jensen FROM: Sonya B. Doerr, AICP
City Attorney Community Development Director
FAX: 246-9960 FAX: 904 247-5845
PHONE: 246-2500 PHONE: 904 247-5817
DATE: October 2, 2006 E-MAIL: sdoerr@coab.us
RE: FDEP hearing
COMMENTS: Alan, are we supposed to do anything with this?
< :;C-14-4.-7 c.---,
Number of pages including this page:4
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