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Home My WebLink About2010 04 30 DEP Correspondence RE Sebastian Harbor )4 # t_hat lle (Iri�,t Florida Department of oo\ nnoi Environmental Protection �ea�ht,tt1.,33n}� tio%eunor Central District FLORIDA } 3319 Maguire Boulevard, Suite 232 N tiehael \V. Sole • Orlando,Florida 32803-3767 Secretary BY ELECTRONIC MAIL nk:4'-euro60.com Sebastian Harbour Ltd and OCD-ERP-10-0183 Condor Enterprises of Palm Beach Inc. and Dancu Holding Inc. c/o Norbert Krever 16 NE 4th Street, Suite 110 Ft. Lauderdale, FL 33301 Re: Indian River County - ERP OGC Case No. 06-0891 Case Closed Dear Mr. Krever: This letter is to inform you that the Department's enforcement case against you has been closed. You have brought the subject property into compliance. Should you have any questions regarding the above, please direct your inquiries to me at 407/893-3993 or at the letterhead address. Thank you for your cooperation in resolving this case. Sincerely, r f Pamela Ammon Environmental Manager Compliance and Enforcement Submerged Lands and Enviroiunental Resources Program April 30, 2010 Date cc: Alissa Meyers,FDEP Lea Crandall,OGC Kris Tulloch, Central District Rebecca Grohall, City of Sebastian, (rgrohalN)citvalsebastian.org) Eugene Popov, (crvstaltree.ii bellsoutli.net) • ! . *ii Florida Department of Charlie Crist -,41 .Ilf '. • : Governor '' ,fri Environmental Protection Jeff Kottkamp Lt.Governor Central District Office 3319 Maguire Boulevard, Suite 232 Michael W.Sole vrigasOodsairaft■Pes~ .11010:= Orlando,Florida 32803-3767 Secretary BY CERTIFIED MAIL 91 7108 2133 3936 6376 8541 Sebastian Harbour Ltd and OCD-ERP-10-0093 Condor Enterprises of Palm Beach Inc. and Dancu I lolding Inc. c/o Norbert Kreyer 16 NE 4th Street,Suite 110 Ft. Lauderdale, FL 33301 Re: Indian River County -SLERP OGC Case No.06-0891 Dear Mr. Kreyer: Enclosed is Consent Order OGC Case No.06-0891 to resolve violations noted in the complaint. Please sign the original and return it to this office within twenty (20) days of receipt of the Consent Order. After it has been executed by the Depaitinent,your copy will be returned to you. Should you have any questions regarding the above, please contact Pamela Ammon at 407-893-3993 or via email at Pamela.Ammon@dep.state.flus. Your cooperation in this matter will be appreciated. Sincerely, rpg Vivian F. Garfein Director,Central District 4 ff.,it x_cti , 2-4)I ra VFG/paidf Date Enclosure cc: Alissa Meyers,FDEP Rebecca Grohall,City of Sebastian(rgrohallikityofsebastian.org) Dan P.J.O'Connor,Esq., Brinkley,Morgan,Solomon,Tatum,Stanley,Lunny&Gordon,LLI' (daniel.oconnorPbrinIdeymorgan.com) Eugene Popow, Broker,Bluewater Commercial Realty (gpopow@bluewatercommerciairealtv.com) Norbert Kreyer(nk@euro60.com) 'More Protection. Less ProcCSS ' • 1414W flip slate il us BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT ) IN THE OFFICE OF THE OF ENVIRONMENTAL PROTECTION ) CENTRAL DISTRICT ,and THE BOARD OF TRUSTEES OF THE ) INTERNAL IMPROVEMENT TRUST FUND, ) ) Complainants, ) ) OGC FII.E NO. 06-0891 VS. ) ) SEBASTIAN HARBOUR LTD., ) CONDOR ENTERPRISES OF PALM ) • BEACH INC, and DANCU HOLDING, INC., ) ) Respondents. ) ) CONSENT ORDER This Consent Order is entered into between the State of Florida Department of Environmental Protection("Department"), and The Board of Trustees of the Internal Improvement Trust Fund ("Board"), and Sebastian Harbour Ltd.,Condor Enterprises of Palm Beach Inc., and Dancu Holding Inc. ("Respondents") to reach settlement of certain matters at issue between the Department, the Board and Respondents. The Department and the Board find and the Respondents admit the following: 1. The Department is the administrative agency of the State of Florida having the power and duty to protect Florida's air and water resources and to administer and enforce Chapter 373, Part IV, and Chapter 403, Florida Statutes,and the rules promulgated and authorized thereunder,Title 62, Florida Administrative Code. The Department has jurisdiction over the matters addressed in this Consent Order. SEBASTIAN HARBOUR LTD CONDOR ENTERPRISES OF PALM BEACH INC DANCU HOLDING.INC OGC NO 06-0891 PAGE I OF 20 2. The Board is responsible for overseeing state owned lands and ensuring they are managed in trust for the citizens of the State of Florida pursuant to Chapter 253, Florida Statutes, and the rules promulgated and authorized thereunder, Florida Administrative Code Title 18. The Department has the duty to perform all staff duties and functions related to the administration of state lands as provided in Section 253.002, Florida Statutes. 3. Respondents are a person within the meaning of Section 253.04 and 373.019(15), Florida Statutes. 4. Respondents are the joint owners of the property located at 1540 North Indian River Drive, Parcel I.D.30393100000002000004.0,Section 31,Township 30 S, Range 39 E, Indian River Aquatic Preserve,City of Sebastian, Indian River County. 5. The Department finds that the Respondents filled without a valid permit. An inspection by Department personnel on July 12, 2005 revealed that an approximate 1,533.65 sq ft commercial docking facility consisting of a terminal platform,an access walkway,6 finger piers and eleven (11) wet slips had been constructed without a valid permit or lease from the Department and the Board. The activity was conducted on the above described property within the landward extent of the Indian River, Indian River Aquatic Preserve,Outstanding Florida waters of the State, as defined by Florida Law. Having reached a resolution of the matter Respondents and the Department and the Board mutually agree and it is, ORDERED: 6. Within 30 days of the effective date of this Consent Order, Respondents shall pay Regulatory penalties to the Department totaling$6,010.00 in settlement of the matters addressed in this Consent Order. This amount includes S900.00 for costs and expenses incurred by the Department during the investigation of this matter and the SEBASTIAN HARBOUR Li T) CONDOR ENTERPRISES OF PALM BEACH INC DANCU HOLDING,INC OGC NO 06-0891 PAGE 2 OF 20 preparation and tracking of this Consent Order. The civil penalties are apportioned as $3,000.00 for violation of Section 373.430, Florida Statues, and Rule 62-343.050, Florida Administrative Code (unauthorized dock construction within an Aquatic Preserve / Outstanding Florida Water) and $2,110.00 for violations of Section 373.430, Florida Statues, and Rule 62-343.050, Florida Administrative Code (economic benefit gained). Payment shall be made by cashier's check or money order. The instrument shall be made payable to the "Department of Environmental Protection" and shall include thereon the OGC number assigned to this Consent Order and the notation"Ecosystem Management and Restoration Trust Fund". The payment shall be sent to the Florida Department of Environmental Protection, Central District Office,SLERP, 3319 Maguire Blvd., Suite 232, Orlando, FL 32803. 7. Within 30 days of the effective date of this Consent Order, Respondents shall pay Proprietary penalties to the Department totaling$3,009.82 in settlement of the matters addressed in this Consent Order. This amount includes: (1)$2,440.82 in lease fees in arrears(See Exhibit A); and (2)$569.00 in economic benefit gained. Payment shall be made by cashier's check or money order. The instrument shall be made payable to the "Board of Trustees of the Internal Improvement Trust Fund"and shall include thereon the OGC number assigned to this Consent Order and the notation"Internal Improvement Trust Fund". The payment shall be sent to the Florida Department of Environmental Protection, Central District Office,SLERP, 3319 Maguire Blvd.,Suite 232, Orlando, FI.32803. 8. Respondents shall implement the Corrective Actions attached hereto and incorporated herein as Attachment I in the manner and within the time frames specified therein. SEBASTIAN HARBOUR LTD CONDOR ENTERPRISES OF PALM BEACH INC DANCU HOLDING. INC OGC NO 06-0891 PAGE 3 OF 20 9. With the exception of the activities described in the Corrective Actions, effective immediately and henceforth, Respondents shall not conduct any dredging, filling,or construction activities on or within the landward extent of waters of the state without first obtaining a valid Department permit or written notification from the Department that the activities appear to be exempt as proposed from Department permitting requirements; nor shall Respondents conduct any activities on state owned lands below the ordinary or mean high water lines without first obtaining a lease, easement, or other consent of use from the Department. 10. Respondents agree to pay the Department stipulated penalties in the amount of$100.00 per day for each and every day Respondents fail to timely comply with any of the requirements of paragraph 8 of this Consent Order. A separate stipulated penalty shall be assessed for each violation of this Order. Within 30 days of written demand from the Department, Respondents shall make payment of the appropriate stipulated penalties to the"The Department of Environmental Protection" by cashier's check or money order and shall include thereon the OGC number assigned to this Consent Order and the notation "Ecosystem Management and Restoration Trust Fund." The Department may make demands for payment at any time after violations occur. Nothing in this paragraph shall prevent the Department from filing suit to specifically enforce any of the terms of this Consent Order. Any penalties assessed under this paragraph shall be in addition to the settlement sum agreed to in paragraphs 6 and 7 of this Consent Order. If the Department is required to file a lawsuit to recover stipulated penalties under this paragraph, the Department will not be foreclosed from seeking civil penalties for violations of this Consent Order in an amount greater than the stipulated penalties due under this paragraph. SEBASTIAN HARBOUR Lit) °NUM ENTERPRISES OF PALM REACH INC DANCU HOLDING, INC OGC NO 06-0891 PAGE 4 OF 20 11. If any event, including administrative or judicial challenges by third parties unrelated to the Respondents, occurs which causes delay or the reasonable likelihood of delay, in complying with the requirements of this Consent Order, Respondents shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of the Respondents and could not have been or cannot be overcome by Respondents' due diligence. Economic circumstances shall not be considered circumstances beyond the control of Respondents, nor shall the failure of a contractor, subcontractor, materialman or other agent (collectively referred to as "contractor'') to whom responsibility for performance is delegated to meet contractually imposed deadlines be a cause beyond the control of Respondents,unless the cause of the contractor's late performance was also beyond the contractor's control. Upon occurrence of an event causing delay, or upon becoming aware of a potential for delay, Respondents shall notify the Department orally within 24 hours or by the next working day and shall, within seven calendar days of oral notification to the Department,notify the Department in writing of the anticipated length and cause of the delay, the measures taken or to be taken to prevent or minimize the delay and the timetable by which Respondents intend to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by circumstances beyond the reasonable control of Respondents, the time for performance hereunder shall be extended for a period equal to the agreed delay resulting from such circumstances.Such agreement shall adopt all reasonable measures necessary to avoid or minimize delay. Failure of Respondents to comply with the notice requirements of this Paragraph in a timely manner shall constitute a waiver of Respondents' right to request an extension of time for compliance with the requirements of this Consent Order. SEBASTIAN HARBOUR LTD CONDOR EN I FRPRISES OF PALM BEACH INC DANCU HOLDING.INC OGC NO 06-0891 PAGE 5 OF 20 1 12. Respondents shall allow all authorized representatives of the Department access to the property at reasonable times for the purpose of determining compliance with the terms of this Consent Order and the rules and statutes of the Department. 13. Entry of this Consent Order does not relieve Respondents of the need to comply with applicable federal, state or local laws,regulations or ordinances. 14. The terms and conditions set forth in this Consent Order may be enforced in a court of competent jurisdiction pursuant to Sections 120.69,253.04 and 373.129, Florida Statutes. Failure to comply with the terms of this Consent Order shall constitute a violation of Section 253.04 and 373.430,Florida Statutes. 15. Respondents are fully aware that a violation of the terms of this Consent Order may subject Respondents to judicial imposition of damages,civil penalties of up to$10,000 per day per violation and administrative fines of up to$10,000 per day per violation and criminal penalties. 16. Persons who are not parties to this Consent Order but whose substantial interests are affected by this Consent Order have a right, pursuant to Sections 120.569 and 120.57,Florida Statutes, to petition for an administrative hearing on it. The Petition must contain the information set forth below and must be filed (received)at the Department's Office of General Counsel,3900 Commonwealth Boulevard, MS-35, Tallahassee, Florida 32399-3000, within 21 days of receipt of this notice. A copy of the Petition must also be mailed at the time of filing to the District Office named above at the address indicated. Failure to file a petition within the 21 days constitutes a waiver of any right such person has to an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes. The petition shall contain the following information: SEBASTIAN HARBOLR LTD CONDOR ENTERPRISES OF PALM BEACH INC DANCU HOLDING,INC OGC NO 06-0891 PAGE 6 OF 20 (a) The Department's Consent Order identification number and the county in which the subject matter or activity is located; (b) The name, address,and telephone number of each 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; (c) An explanation of how the petitioner's substantial interests will be affected ( P P by the Consent Order; (d) A statement of when and how the petitioner received notice of the Consent Order; (e) A statement of all material facts disputed by petitioner, if any; (f) A statement of the specific facts the petitioner contends warrant reversal or modification of the Consent Order; (g) A statement of which rules or statutes the petitioner contends require reversal or modification of the Consent Order; and (h) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Consent Order. If a petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly, the Department's final action may be different from the position taken by it in this Notice. Persons whose substantial interests will be affected by any decision of the Department with regard to the subject Consent Order have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed (received) within 21 days of receipt of this notice in the Office of General Counsel at the above address of the Department. Failure to petition within the allowed time frame constitutes a waiver of any right such person SEBASTIAN HARBOUR LTD CONDOR ENTERPRISES OF PALM BEACH INC DANCU HOLDING, INC OGC NO 06-0891 PAGE 7 OF 20 • has to request a hearing under Sections 120.569 and 120.57, Florida Statutes, and to participate as a party to this proceeding. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28-106.205, Florida Administrative Code. A person whose substantial interests are affected by the Consent Order may file a timely petition for an administrative hearing under Sections 120.569 and 120.57, Florida Statutes, or may choose to pursue mediation as an alternative remedy under Section 120.573, Florida Statutes, before the deadline for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth below. Mediation may only take place if the Department and all the parties to the proceeding agree that mediation is appropriate. A person may pursue mediation by reaching a mediation agreement with all parties to the proceeding (which include the Respondents, the Department, and any person who has filed a timely and sufficient petition for a hearing) and by showing how the substantial interests of each mediating party are affected by the Consent Order. The agreement must be filed in (received by) the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35,Tallahassee, Florida 32399-3000, within 10 days after the deadline as set forth above for the filing of a petition. The agreement to mediate must include the following: (a) The names, addresses,and telephone numbers of any persons who may attend the mediation; (b) The name, address,and telephone number of the mediator selected by the parties, or a provision for selecting a mediator within a specified time; (c) The agreed allocation of the costs and fees associated with the mediation; SEBASTIAN HARBOUR LTD CONDOR ENTERPRISES OF PALM BEACH INC DANCU HOLDING,INC OGC NO 06-0891 PAGE 8 OF 20 (d) The agreement of the parties on the confidentiality of discussions and documents introduced during mediation; (e) The date, time, and place of the first mediation session,or a deadline for holding the first session, if no mediator has yet been chosen; (f) The name of each party's representative who shall have authority to settle or recommend settlement; and (g) Either an explanation of how the substantial interests of each mediating party will be affected by the action or proposed action addressed in this notice of intent or a statement clearly identifying the petition for hearing that each party has already filed, and incorporating it by reference. (h) The signatures of all parties or their authorized representatives. As provided in Section 120.573,Florida Statutes, the timely agreement of all parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within sixty days of the execution of the agreement. If mediation results in settlement of the administrative dispute, the Department must enter a final order incorporating the agreement of the parties. Persons whose substantial interests will be affected by such a modified final decision of the Department have a right to petition for a hearing only in accordance with the requirements for such petitions set forth above, and must therefore file their petitions within 21 days of receipt of this notice. If mediation terminates without settlement of the dispute, the Department shall notify all parties in writing that the administrative hearing processes under Sections 120.569 and 120.57,Florida Statutes, remain available for disposition of the dispute,and the notice will specify the deadlines SEBASTIAN HARBOUR LTD CONDOR ENTERPRISES OF PALM BEACH INC DANCU HOLDING.INC OGC NO 06-0891 PAGE 9 OF 20 that then will apply for challenging the agency action and electing remedies under those two statutes. 17. The Department hereby expressly reserves the right to initiate appropriate legal action to prevent or prohibit any violations of applicable statues,or the rules promulgated thereunder that are not specifically addressed by the terms of this Consent Order. 18. The Department, for and in consideration of the complete and timely performance by Respondents of the obligation agreed to in this Consent Order, hereby waives its right to seek judicial imposition of damages or civil penalties for alleged violations addressed in this Consent Order. 19. Respondents acknowledge and waive their right to an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes, on the terms of this Consent Order. Respondents acknowledge their right to appeal the terms of this Consent Order pursuant to Section 120.68, Florida Statutes, and waive that right upon signing this Consent Order. 20. No modifications of the terms of this Consent Order shall be effective until reduced to writing and executed by the Respondents, Board and the Department. 21. All submittals and payments required by this Consent Order to be submitted to the Department shall be sent to the Florida Department of Environmental Protection, Central District Office, SLERP, 3319 Maguire Blvd., Suite 232 Orlando Florida 32803-3767. 22. In the event of a sale or conveyance of the property, if all of the requirements of this Consent Order have not been fully satisfied, Respondents shall, at least 30 days prior to the sale or conveyance of the property, (1) notify the Department of such sale or conveyance and (2) provide a copy of this Consent Order with all SEBASTIAN IAN HARBOUR LTD CONDOR ENTERPRISES ERPRISES OF PALM BEACH INC DANCU HOLDING,INC OGC NO 06-0891 PAGE 10 OF 20 attachments to the new owner. The sale or conveyance of the property shall not relieve the Respondent of the obligations imposed in this Consent Order. 23. This Consent Order is a settlement of the Department's civil and administrative authority arising under Florida law to resolve the matters addressed herein. This Consent Order is not a settlement of any criminal liabilities which may arise under Florida law, nor is it a settlement of any violation which may be prosecuted criminally or civilly under federal law. 24. This Consent Order is a final order of the Department pursuant to Section 12052(7),Florida Statutes, and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, Florida Statutes. Upon the timely filing of a petition this Consent Order will not be effective until further order of the Department. FOR THE RESPONDENT: SEBASTIAN HARBOUR LTD DATE Norbert Kreyer FOR THE RESPONDENT: CONDOR ENTERPRISES OF PALM BEACH INC DATE Norbert Kreyer [This portion intentionally left blank] SEBASTIAN HARBOUR LTD CONDOR ENTERPRISES OF PALM BEACH INC DANCU HOLDING,INC OGC NO 06-0891 PAGE 11 OF 2() FOR THE RESPONDENT: DANCU HOLDING, INC DATE Norbert Kreyer FOR DEPARTMENT USE ONLY DONE AND ORDERED this day of , 2010, in Orlando, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Vivian F.Garfein Director,Central District FILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to§120.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk Date SEBASTIAN HARBOUR LTD CONDOR ENTERPRISES OF PALM BEACH INC DANCU HOLDING.INC OGC NO 06-0891 PAGE 12 OF 20 ATTACHMENT I CORRECTIVE ACTIONS SEBASTIAN HARBOUR LTD CONDOR ENTERPRISES OF PALM BEACH INC DANCU HOLDING INC OGC NO 06-0891 1. At least 48 hours prior to commencement of these Orders, Respondents shall submit to the Department a corrective action commencement notice indicating the actual start date and expected completion date. This notice shall include the Respondents' names and the OGC number 06-0891. The notice shall be submitted to the Department's Central District Office,SLERP,3319 Maguire Blvd.,Suite 232, Orlando FL 32803 or faxed to 850-412-0467. 2. Within 15 days from the effective date of this Order, Respondents shall properly install turbidity and erosion control measures around the active work area, in order to prevent any turbidity and or siltation / erosion from entering the surrounding surface waters. The measures shall be inspected and maintained daily until all corrective actions are completed and approved by the Department. 3. Within 25 days from the effective date of this Order, Respondents shall deconstruct the marina (as detailed and incorporated herein the Attached Exhibit B)as follows: a. Remove all finger piers, mooring pilings, terminal platform, and any associated cross beams,structure pilings, etc completely from submerged lands. All pilings are to be completely removed from the sediment and not cut off. b. Remove any portion of the walkway and any associated cross beams, pilings, etc adjacent to the wooden deck which extends waterward of the mean high water line. c. Deconstruct 4.5 linear feet by 5.9 ft off of the Eastern end of the access walkway, for a total removal of 26.55 sq ft. Once completed, the access walkway shall extend no farther than 145 ft waterward of the mean high water line. d. Construct fixed wooden handrails around the entire perimeter of the remaining structure(i.e. a pier). SEBASTIAN HARBOUR LTD CONDOR ENTERPRISES Or PALM BLACII INC DANCU HOLDING,INC OGC NO 06-0891 • PAGE 13 OF 20 e. The remaining structure(i.e. a pier / 145 sq.ft. x 5.9 sq.ft.) shall not be used for any temporary or permanent boating activities. f. The remaining structure(i.e. a pier) shall not have a fish cleaning at any time. g. No Mooring signs (no smaller than 2 ft x 2 ft) shall be permanently installed facing waterward on the North,South, and Eastern sides of the structure (i.e. a pier). 4. All debris removed from submerged lands during deconstruction shall be disposed of in a self contained upland location which will not affect wetlands or waters. 5. During structure removal, best management practices shall be taken at all times to avoid any violations of water quality standards as defined in 62-302, F.A.C. The following measures shall be taken whenever turbidity levels within waters of the State surrounding the project site exceed state water quality standards established pursuant to Rule 62-302, F.A.C.: a. Immediately cease all work contributing to the water quality violation. b. Modify the work procedures that were responsible for the violation, install more turbidity containment devices, and repair any non- functioning turbidity containment devices. c. Notify the DEP Central District office at (407-893-3993) within 3 hours of the time the violation is first detected 6. The Respondents shall comply with the following Standard Manatee Conditions for in-water work which are intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees.The Respondents shall advise all personnel that there are civil and criminal penalties for harming, harassing,or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. B All vessels associated with the project shall operate at "Idle Speed/No Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. SEBASTIAN HARBOUR LTD CONDOR ENTERPRISES OF PALM BEACH INC DANCU HOLDING,INC OGC NO 06-0891 PAGE 14 OF 20 c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled,shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. d. All on-site personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s)comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50- foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731- 3336) for north Florida or Vero Beach(1-772-562-3909) for south Florida. f. Temporary signs (See Exhibit C) concerning manatees shall be posted prior to and during all in-water activities. All signs are to be removed by the Respondents upon completion of the project. Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used (see MyFWC.com). One sign which reads Caution: Boaters must be posted. A second sign measuring at least 81/2" by 11" explaining the requirements for"Idle Speed/No Wake" and the shutdown of in-water operations must be posted in a location prominently visible to all personnel engaged in water- related activities. 7. Within 2 days of completion of these Orders, Respondents shall contact the Department's Submerged Lands and Environmental Resources Program at 407-893- 3993 to schedule an on-site meeting where the Department will determine whether the site is in compliance with this Order. If during the inspection it is determined not to be in compliance with this Order, Respondents shall have seven (7) days in which to correct the problems identified by the Department. SEBASTIAN HARBOUR LTD CONDOR ENTERPRISES OF PALM BEACH INC DANCU HOLDING, INC OGC NO 06-0891 PAGE 15 OF 20 Page loll EXHIBIT A DEPARTMENT OF ENVIRONMENTAL PROTECTION itOinati . RECEIPTS SECTION , POST OFFICE BOX 3070 -t TALLAHASSEE, FL 32315-3070 f Bill To: CONSENT OF USE CONSENT OF USE INVOICE TALLAHASSEE, FL 32399 ** INVOICE I INSTRUMENT INFORMATION ** Invoice#: 49599 Instrument#: COU Invoice Date: 03/05/2010 Expiration Date: 01/01/2001 Due Date: 04/04/2010 Rate: PENDING INSTRUMENT Term: 30 DAYS Surcharge: NO SURCHARGE Location: CONSENT OF USE AGREEMENT " IMPORTANT REMINDERS ** Please RETURN/REMIT a copy of this INVOICE WITH your PAYMENT. Late payments are subject to a 12% Interest fee pursuant to FAG 18-21.011(1)(b)11. INFORMATION ANNUAL LEASE FEE DATA Description Memo Object Square Rate Discount Surcharge *Amount Feet FROM 06/20/05 ARREARS TO 05101/10 ON 021017 0 0 N/A N $2,069.36 941 SD FT. SUBMERGED LAND INTEREST ON ARREARS 005012 0 0 N/A N $226.61 CALCULATION Subtotal $2,295.97 Sales Tax(6.0%) $124.16 Note:AGENT:P.AMMON,APPLICANT:SEBSTIAN HARBOUR LIMITED, INC.COUNTY TAX IS FOR INDIAN RIVER COUNTY.SDR County Tax (1%) $20.69 Total $2,440.82 Balance Due $2,440.82 *ANNUAL LEASE FEE FORMULA = ((Square Feet* Rate) -Discount] +Surcharge For any questions concerning this Invoice, please call(850) 245.2720. SEBASTIAN HARBOUR LTD ET AL OGC NO 06-0891 PAGE 16 OF 20 rnhtml:file://C:\Documents and Settings\arnmon_p\Local Settings\Temporary Internet Files\... 3/5/2010 . � EXHIBIT B Description of Survey Site ,- - SEBASTIAN A PORT1CN or LANDS N WARRANTY DEED BREVARO CO. Ab. . 13-." '� . RECORDED IN OFFIPAL RECORDS BOOK 201e, PACE 754. ',. t. INDIAN RIVER COUNTY, FLORIDA f'tlBUC RECORDS . ' tY (PARCEL A) 7t From a point of beginning at the intersection of the South line of Government --- Rc:leland Lot 2, of Section 31, Township 30 South, Range 39 East, indian River County. miDIAN Rro£R e•,11Aws _- T-,Xq Florida, and the Mean High Water Mark of the West bank of.the Indian - 6-it-ja . River, run West along said South line:of Government Lot 2 a distance of �� ► 80.05 feet,_more or less, to the East of right-of-way of Old U.S. Highway NO. 1, said right-of-way being 66 feet in width; thence run North 2572' West along said East right-of-way line a distance of 71.45 feet' thence MAIN sr. . -s. run East, parallel to the South line of said Government Lot 2, o distance 1 of 94.89 feet; thence run North 70'45' East a distance of 132.03 feet to the established bulkhead line; thence run South 2522' East aion said Sebastian 1Q $ bulkhead line a distance of 66.43 feet; thence run South 70`45' West a distance of 145.50 feet to the point of beginning on the Mean High. Water Location Sketch Line of Indian River and on the South line of sold Government Lot 2; AND ALSO ALL of that part of Lot 1, Block 1, MiDDLETON'S SUBDIVISION, (NOT According to the plat thereof recorded in Plat Book 2, Page 56, Public Records of Indian River County, Florida, lying East of Indian River Drive (Old U.S. Hwy. Legend #1) and described as follows: WC.)'0-NAvivo.co)CC1 C AMC DAM CC 1979 • (PARCEL $) IIAw'Na•TYx11 ANDOCAN L VA.RAMA Or MR URRIS.LIOD e ea9eAcYOnielANON.Si5mt From a point of beginning at the Mean High Water line of the West shore P.6t-Pu EcRt ret4 nit au"'araoacs LGTKW..O RtAOOALTAL eATLR VAY of the Indian River on the Township. Line between Township 30 South. and SET R s1:r we aAYC1TR RCN RCO Township 31 South, run West along said Township line (same being the North VOW VAMPED-rez-tri 6°'O. e/N-RNa r Cr KAY. line of sold Lot 1, Block 1, MIDDLETON'S SUBDIVISION) a distance of 80.05 slurp 1x6 w �'"° °"` t°•-10E71F•Aicu feet more or less, to the East right-of-way of Indian River Drive (Old U.S. csi a -co eRE eLr" W CONE Highway No. 1) said right-of-way being 66 feet in width; thence run South ►°o 1A070 ANCHOR 25'22' East along said East right-of-way, a distance of 90 feet; thence ILH.L•Nrw ROA ReARR LOC 'C"p"l 611.-f EVA1CH RD/OR"A(9c CL-41"11C" run North 80'00 00" East a distance of 113 feet more or less to the P.ac-PLNT cr caiiincoma CL-41"11C" Mean High Water Line of the Indian River; thence meander the Mean High P� (111)n„EA Water Line in a Northwesterly direction to the point of beginning. P.T.-POINT cc TANO:NCI (P).RAT N/a IRON RCO NM CM (c)-cALCUUTm c t..CONQric LICOWICRT Notes : (O}oOS CfSCRPllaL :. . iK-NA41ERC Nol Tw..Wl1T9p Px,U-✓SIC"A.OMSK RQ-RANGL 1. THIS SURVEY DOES NOT REFLECT OR DETERMINE OWNERSHiP. ow-wave ass CL.CLEAR F.L.00VERNICHT LOT COQ•CORNER 2. ELEVATIONS SHOWN HEREON ARE IN FEET, REFERENCED TO NGVD '29.` "/c AS 0DN0UC Na(e FENCE Sio.SUBCO s N BENCHMARK=N.G.S. B.M. "F 200 1960`, HAVING AN ELEVATION. OF 19.72 FEET' NGVD '29 AS DERIVED FROM LABiNS. 3. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF WAY Calculated CBS: OR EASEMENTS OF RECORD. 4. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL. Parcel A Upland==8677.7 sq. ft, 0.20 ac. OF A FLORIDA LICENSED SURVEYOR AND MAPPER. Parcel A submerged (to current MHWL) ' 5. UNDERGROUND IJTIUTMES AND IMPROVEMENTS NOT LOCATED. =6085.9 sq. ft, 0.14 ac. 6. SURVEY SITE LIES iN FLOOD ZONES nX', AE' (EL 7) AND AE (EL 8) Parcel A overall=14,763.6 sq. ft., 0.34 oc. PER FLOOD INSURANCE RATE MAP No. 12061C0077 F, DATED JULY 2, 1992. Parcel B deed=7343.3 sq. ft, 0.17 cc. 7. MEAN HIGH WATER ELEVATION PER MEAN HIGH WATER DATA POINT I.D. Uplands between Parcel 8 deed No. 2741 AS OBTAINED FROM LABINS, MEAN HIGH WATER ELEVATION & 1.4.H.W.L=3388.5 sq. ft. 0.08 ac. 0.72 t.t.i NGVD '29 (-0.72 FT. NAVD'88)._ Parcel B to current M.H.W.L 8. THE EXPECTED LAND USE OF THIS PROPERTY IS COMMERCIAL, MINIMUM 10,731.8 sq. ft., 0.25 oc. RELATIVE ACCURACY 1 FT. IN 10,000. THE MEASUREMENT AND CALCULATION OF A CLOSED GEOMETRIC FIGURE FOR THIS SURVEY WAS FOUND TO BE Parcels A & B to current M.H.W.L IN EXCESS OF THIS ACCURACY REQUIREMENT. =19,409.5 sq. ft., 0.45 cc. 9. THE METHODOLOGY FOR PLACEMENT OF RIPARIAN IMES FOR THIS PROPERTY f WAS PERPENDICULARS TO INTRACOASTAL WATERWAY CHANNEL CALCULATED Parcel A submerged (to current MHWL) USING GRID BEARING FOR CENTERLINE OF INDIAN RIVER DRIVE AS SHOWN =6085.9 sq. ft. 0.14 ac. ON PLAT BOOK 24, PAGE 12 IN CONJUNCTION WITH THE GRID BEARING FOR THE CENTERLINE OF THE CHANNEL CUT AS SHOWN ON THE i.C.W.W. 25,495.4 sq. ft., 0.59 ac. t total site R/W MAP, WHICH WERE THEN CONVERTED TO THE BEARING BASE FOR THIS SURVEY. 10. THIS MEAN HIGH WATER SURVEY COMPLIES iMTH CHAPTER 177.PART e,FLORIDA STATUTES. Sheet 1 of 2 SURVEYORS SIGNATURE &SEAL Boundary it Mean High Wiliam B, Zentz & Associates, inc. NOTE THIS SURVEY IS CERTIFIED AS TD THE DATE OF > ► y & HERIIE, NOT IRE SIGNATURE DATE *Es tine Survey for • ceminCATE OF AUTHORIZATION OR)NON 8840 J"?, /. f I !. 684 Old Oizie Highway ,,/'J i/� I(/if IQ Euro Management, Inc. 1111111/111Z Vero Beach. Fl 32962 Ay 8. &NM DATE DATE Lew Phone (772) 567-7552 REasTrxm LARD . 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''',.'0,-r—s',•ot. v---- .......\0\„0. I I i \ • •1‘.....;\ „Art tP.LV i01:ZsgitiO>.-1.-11° 151'.- . • ■ .7.- \ ............e__-130° •/•IN If 1 tle.(WC t 001 ..- D 6 t:1;/0 rm.:In EXHIBIT C y S Lt S_ * o * CP C .t"��'t r4' r . , somi CD r , 0) �► m 0 .. 00 1 V)00 _ Cl) 1 g ' ,..... .4. * Oft �r g iiik a 1 u) r ■ 0 ' 1 al n z> ° CI;4 win ; .. . = > ■ 0 re. = .D. Mimi _. CO t7 C CD 01 Z m 0 W -4, 0 th° tTt ILO C CD 11V ° Z 0 ca. 3 a) * OD o X MIMI CD M CD SEBASTIAN HARBOUR LTD ET AL OGC NO 06-0891 PAGE 20 OF 20 BY ELEC'T'RONIC MAIL nk@euro60.c Sebastian Harbour Ltd and Florida Department of Environmental Protection Central District 3319 Maguire BOUlevard, Suite 232 Orlando, Florida 32803-3767 Condor Enterprises of Palm Beach Inc. and Dancu Holding Inc. c/o Norbert Kreyer 16 NE 4th Street, Suite 110 Ft. Lauderdale, FL 33301 Re: Indian River County - ERP OCC Case No. 06-0891 Case Closed Dear Mr. Dreyer: Charlie C&t Governor Jeff Xottkamp Lt. Governor Michael W..Sole Secretary This letter is. to inform you that the Department's enforcement case against you has been closed: You have brought. the Subject property . into eompliance. Should. you have any questions regarding the above, please direct your inquiries to me at 407/893-3993 or at the letterhead address. Thank you for your cooperation in resolving this case. Sincere ]y; Pamela. Amnion Environmental Managi-x. Compliance and Enforcement Submerged Lands and Environrnental Resou=es Program April *30,2010 CC Alissa Meyers, FDEP Dade Lea CrandalL oGc Kris Tullod-t, Central District Rebecca. GrohaH, City of Sebastian, (rrxwhall9dtyqfsebastian. Eugene POPOW, Cc-UsWtreegbellsouth.neo.