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HomeMy WebLinkAbout04-333 JOANNE HOLMAN, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 251070712/03/2004 at 02:16 PM OR BOOK 2105 PAGE 917 - 953 Doc Type: RESO RECORDING: $316.00 RESOLUTION NO. 04-333 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA RATIFYING AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR REQUIRING EMERGENCY RESTORATION OF SHORELINE ALONG INDIAN RIVER DRIVE (HURRICANES FRANCES AND JEANNE) WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Pursuant to Section 252.38, Florida Statutes, political subdivisions of the state have the power during a state of local emergency to provide for the health and safety of persons and property. 2. The Board of County Commissioners of St. Lucie County has adopted Resolution No. 00-277 authorizing the St. Lucie County Administrator and the St. Lucie County Public Safety Director to exercise certain emergency powers and authority during a local emergency. 3. Hurricanes Frances and Jeanne destroyed or severely damaged hundreds of homes and businesses, private property and public infrastructure, including Indian River Drive, a major St. Lucie County thoroughfare. 4. The destructive impact of Hurricanes Frances and Jeanne to public infrastructure has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 5. On September 1, 2004 at 4:00 p.m., the St. Lucie County Public Safety Director declared a state of local emergency for Hurricane Frances which state of emergency has been extended and is currently in effect. 6. On September 24, 2004, at 7:00 a.m., the St. Lucie County Public Safety Director declared a state of local emergency for Hurricane Jeanne which state of emergency has been extended and is currently in effect. 7. In order to respond to the stated emergency situation, the County Administrator or his designee may initiate and take such actions authorized by Resolution No. 00-277 (copy attached) for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 8. Based on the recommendation of the Public Works Director and on the advice of local law enforcement officials, including the St. Lucie County Sheriff and the St. Lucie County Fire District Fire Chief, ~~ \. llJ ~. {l+ity there is clear and present threats to life and public health and safety as well as a threat of significant damage to improved public and private property as a result of the effects of Hurricanes Frances and Jeanne and the partial destruction of Indian River Drive and the severe erosion along Indian River Drive for approximately 14 miles from the south St. Lucie County line north to the city limits of the City of Fort Pierce. It is therefore necessary to enter private property to stabilize, repair and restore the Indian River Drive to provide continuous access to Indian River Drive for property owners along Indian River Drive, the general public and for emergency/law enforcement vehicles, contractors and other agents of the County. 9. The stabilization of the shoreline is required to prevent the further erosion of the roadway and to protect the roadway from future deterioration which would result in a condition which would adversely affect the safety of the users of Indian River Drive. This stabilization constitutes an emergency. 10. The use of private property to stabilize, repair and restore the road bed of Indian River Drive is essential for public safety and will ensure the economic recovery of the affected communities to the benefit of St. Lucie County. 11. To date, approximately 262 property owners have consented to the use of the private property, subject to the commitment of the County to repair any damage to the property owner's property resulting from its use. 12. The Federal Highway Administration (FHWA) and the State of Florida Department of Transportation (FDOT) have allocated funds being paid by FHW A toward the repair of Indian River Drive in accordance with Executive Order 04-217, dated September 24, 2004 and President Bush's subsequent Disaster Declaration dated September 26, 2004, under the Robert T. Stafford Disaster Emergency Act. 13. On October 26, 2004, the County entered into an Emergency Joint Participation Agreement with FDOT to provide FHWA funding of $29,356,861.08 to St. Lucie County for the emergency restoration of Indian River Drive. 14. On October 29, 2004, the South Florida Water Management District, a state agency with permitting jurisdiction over the project, issued an emergency permit, a copy of which is attached, authorizing the County to proceed with the emergency restoration project under Emergency Orders 2004-151 and 175 DAO. 15. On November 10, 2004, United States Army Corps of Engineers, a federal agency with permitting jurisdiction over the project, issued an order authorizing the County to proceed with the emergency restoration project under Nationwide Permit No.3. 16. Stabilization, repair and restoration of Indian River Drive on an emergency, expedited basis is essential to the public health, safety and welfare of the citizens of St. Lucie County. 17. Effective September 27, 2004 at 5:00 p.m., the County Administrator issued an emergency order directing the Public Works Director and County contractors to enter private property as needed to stabilize the roadbed of Indian River Drive and provide safe access to Indian River Drive for the persons mentioned above, a copy of which is attached. NOW, THEREFORE, be it resolved by the Board of County Commissioners of St. Lucie County, Florida: 1. The County Administrator's order effective September 27, 2004 at 5:00 p.m. is hereby ratified. 2. This resolution shall take effect upon adoption. PASSED ",~~:-r:~OPTED this 15th day of November, 2004. . tr;"J~ C',' 1: ,; "'..: "p,. ¡'f¡/l';' '. '" ATTEST: ,~//, BOARD OF COUNTY"COMMI /;i :r " ~. i :,', r ;\~/~ ( .i:4!~ '(,., "'~',': .:~~~~ ···~i... -.~ . ,/ ._;~-,::;,-,,-~-; ,/ '-~:kf /ì'" .c'ž// ,.p"'ì......:>þ ,. if ;"¡,v,,,..-.. ,- i?~}';: '" , "»i'<rO>;M \,l! A/ ''''''vA ~+::g¡f?'~ '.; ~J- ~','. ..'~J~: \)"'( ~~""\'J./, ~. ~y: ~~, )y.f#o I"Y:;) \ ~"'\i'-) 1~.r~'~::1Jc~· .'_<fr~o"'-~ ,)çC::;b...· ,-'." ¡:' .-;' ¡ :-\~'i ':~;Y.fl .~:. ~~:J "_::;_ _;~::~\<b / \JJ;RS' " o'.., .... . ~ -~ ,'..rr .........<>.<1" } . ST. LUCIE COUNTY FLORID 7'/;£;" '..:. . ~ ". ··Y'i(if'"W,W ___ ~ ~.....<:f/M' BY: . '/.. ./' . .. ;,/-, , CHAIRMAN'.~;>' j$'!f AYE AYE AYE AYE AYE After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis Vice Chairman John D. Bruhn Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Cliff Barnes L~ ,- · . AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR REQUIRING REMOVAL OF DEBRIS FROM PRIVATE RIGHTS-Of-WAY (HURRICANE FRANCES) WHEREAS, the St. Lucie County Administrator has made the following determinations: 1. Pursuant to Section 252.38, Florida Statutes, political subdivisions of the state have the power during a state of local emergency to provide for the health and safety of persons and property. 2. The Board of County Commissioners of St. Lucie County has adopted Resolution No. 00-277 authorizing the St. Lucie County Administrator and the St. Lucie County Public Safety Director to exercise certain emergency powers and authority during a local emergency. 3. The impact of Hurricane Frances has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. On September 1, 2004, at 4:00, p.m., the St. Lucie County Public Safety Director declared a state of local emergency which state of emergency has been extended to September 22, 2004. 5. In order to respond to such emergency, upon this declaration, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution No. 00-277 (copy attached) for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 6. Based on the recommendation of the Public Works Director and on the advice of local law enforcement officials, including the St. Lucie County Sheriff and the St. Lucie County Fire District Fire Chief (copies of memoranda attached). as a result of the effects of Hurricane Frances, there is a clear and present threats to life and public health and safety as well as a threat of significant damage to improved public and private property and it is necessary to remove debris from both public and private rights-of-way. 7. The removal of debris from public and private rights-of-way will ensure the economic recovery of the affected communities to the benefit of St. Lucie County. NOW, THEREFORE, I am issuing the following Order: 1. Effective September 17, 2004 at 5:00 p.m., the Public Works Director is directed to require the County's debris removal contractors to begin removing debris from private rights-of-way as well as public rights-of-way. 2. This Order shall, as promptly as practicable, be filed in the office of the Clerk of the Circuit Court and delivered to the appropriate news media for publication and radio and television broadcast thereof. In) '3 t UL.' Signed this / ~ day of September, 2004, at p.m. Dou la . Anderson C nt Administrator St. Lucie County RESOLUTION NO. 00- 277 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING AND RESTATING RESOLUTION NO. 94-143, AUTHORIZING THE COUNTY ADMINISTRATOR AND THE PUBLIC SAFETY DIRECTOR TO EXERCISE CERTAIN EMERGENCY POWERS AND AUTHORITY DURING A LOCAL EMERGENCY AND PROVIDING AN EFFECTIVE DATE j WHEREAS, on Augusj~ 23, 1994, pursuant to Chapter 252, Florida Statutes (the "Emergency Management Act") the Board of County Commissioners adopted Resolution No. 94-143 (the "Emergency Powers Resolution") to authorize the County Administrator and Public Safety Director to exercise certain administrative powers and authority during local emergencies for a period of seven days with a provision to extend the period in increments of seventy-two hours; and WHEREAS, the Emergency Management Act has been amended to allow extensions of up to seven days and therefore it is necessary to amend and restate the Emergency Powers Resolution to provide for seven day extensions; and WHEREAS, in addition to the emergency authority provided by the Emergency Management Act, Section 161.085, Florida Statutes (1999) and the implementing administrative rules, authorize the County to take emergency measures in the event a storm threatens private structures or public infrastructure; and WHEREAS, the period for response under Florida Statutes 161.085, and the implementing administrative rules is 30 days. NOW, THEREFO~E, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Definitions Board of County Commissioners shall mean the Board of County Commissioners for St. Lucie County. County Administrator shall mean the St. Lucie County Administrator or his designee. " _,..1 Public Safety DÙ"ectorshall mean the St. Lucie County Public Safety Director or his designee. Section 2: Emergency powers of County Administrator and Public Safety Director The County Administrator and the Public Safety Director shall have the following emergency powers: (a) If the Public Safety Director declares that a local emergency exists in St. Lucie county, then the County Administrator may exercise the emergency power and authority necessary to fulfill the general powers and duties as prescribed in this resolution. The state of local emergency shall remain ir: effect until the County Administrator determines otherwise. The duration of each state of emergency declared locally shall be limited to seven (7) days; it may be extended, as necessary, in seven day increments with notice to the Board of County Commissioners. In addition, if the local emergency involves a threat to private' structures or public infrastructure, the local emergency may remain in effect for up to 30 days. The chairman of the Board of County Commissioners may convene the Board at anytime to perform its legislative duties as the situation demands, and shall receive reports relative to disaster preparedness activities. (b) During any period of a local emergency, the Public Safety Director shall recommend to the County Administrator to issue such directives as are deemed to protect life and property and preserve critical resources. The County Administrator, upon issuing such emergency directives, shall immediately advise the chairman of the Board of County Commissioners of the directives. The directives shall remain in effect until the County Administrator determines otherwise. Such directives may include, but shall not be limited to, the following: (1) Directives prohibiting or restricting the movement of vehicles in order tó facilitate the work of emergency management forces, or to facilitate the mass movement of persons from critical areas within the county. (2) Directives pertaining to the movement of persons from areas deemed to be hazardous or vulnerable to an emergency or threat of an emergency. " (3) Such other directives necessary to preserve public peace, health and safety. (c) The County Administrator shall advise the Chairman of the Board of County Commissioners of his actions regarding ordering disaster preparedness forces to the aid of .- other communities when required in accordance with state and county mutual aid agreements, and may request the state, or a political subdivision of the state, to send aid to St. Lucie County in case of an emergency when conditions in the county are beyond the control of the local emergency management division. (d) The County Administrator may require emergency services of any county department, division or their employees. If regular county forces are determined inadequate, the County Administrator may require the services of such other personnel as he can obtain ---that are available, including citizen volunteers. All duly authorized persons rendering emergency services shall be entitled to the privileges and immunities as are provided by state law, county ordinances and policies for regular county employees and other registered and identified emergency management workers and, upon demand, may receive appropriate compensation for their emergency emploYl11ent. Section 3. This Resolution shall be effective upon adoption. After motion and second, the vote on this Resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner John D. Bruhn Commissioner Paula A. Lewis Commissioner Cliff Barnes AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED this 21st day of November, 2000. \. APP BY: '. PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Douglas Anderson, County Administrator FROM: Don West, Public Works Director ~...,I . SUBJECT: Debris collection resulting from Hurricane Frances {\~j} /!~f/e1 ----------------------------------------------------------------------------------------------------------- September, 16,2004 DATE: Due to the large number of privately-owned roadways and private gated communities that we have throughout St. Lucie County, it is imperative that we collect and remove this debris immediately, regardles~ of the implications for funding reimbursement by FEMA. Removal of this debris is a life safety issue, especially with the impending threat of additional storms (Tropical Storm Jeanne). As you are aware, our County Land Development Code encourages private ownership and maintenance of roadways within newer subdivisions, since about 1990. We have a large number of private neighborhoods in our County, (approximately 25%), representing a large percentage of our taxpayers. Due to the imminent threat of additional storms, Public \V orks Staff is proceeding with collection of debris within our private neighborhoods and we are obtaining "right of entry" approvals from each, prior to collection of debris. Dbw/sd c; BOCC Dan McIntyre, County Attorney Ray Wazny, Assistant County Administrator Michael Powely, County Engineer Craig Hauschild, Capital Projects Engineer .'SÉP-15-2004 16:08 SLC - -~E D:STRICT 772 462 2325 P.01/01 Jay Sizemore, Fire Chief Karen Jones, Admin. Assistant ~~aUNly~ .§.<a " ~ p..; c; c.I'J ' ==- X "/.. -9,f£DI~~ 2400 Rhode Island Ave. Fort Pierce. FL 34950 Phone: 772.462.8301 Fax: 772.462.8461 ST. LUCIE COUNTY FIRE DISTRICT OFFICE OF THE CHIEF September 15,2004 Mr. Douglas Anderson. Administrator 51. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 ~1Ivl~1" Dear Mr. Anderson: Due to recent Hurricane Frances the unincorporated areas of the County. including privately owned gated communities. are experiencing a large volume of trees, shrubbery and other debris accumulating along the roadways. A major concern of the Fire District is that citizens are burning debris to expedite its removal. Also, in some cases the debris is piled so high and close to the roadway. that it could impede the response of fire apparatus. Any timely assistance that you can provide in the removal of this debris will be greatly appreciated. ~t~~~ C¡-I {P -{)/t- ""I íânSY(R " --.--.- ,__'J. ,-" OTAL P.01 SEP 1 b 200lt ~' CO. ADMIN. OFFICE ,"1 ( " T\~Rì~\ ~~' , "'>'~,lU,Ç,, ~"",,' , ~ -" 'o~'..' '.:. ..f!!:.~' -:~"i?' I ,..; 1~0¡f¡:¡'~: !~ /.-'" ~~ ~beríff KEN J. MASCARA , Telephone: (772) 462-3200 . Fax: (772) 489-5851 4700 West Midway Road· Fort Pierce, Florida 34981 September 16, 2004 Mr. Doug Anderson County Administrator S1. Lucie County 2300 Virginia Avenue Fort Pierce, FL34982 ~r~\ 11(,1 ~ íi \ Dear Mr. Anderson: On Sunday, September 5, Hurricane Frances unleashed its fury on the Treasure Coast. S1. Lucie County became ground zero, and our county suffered extensive damage, power and water outages and localized flooding. As a result of Hurricane Frances, extensive vegetation and debris covered the St. Lucie County roadways, further challenging the response of public safety services. Now, one week after Hurricane Frances, public safety officers remain challenged by the extensive vegetation and debris on the St. Lucie County roadways, with calls for our services much higher than during normal times. The public is counting on us to get to emergency scenes quickly and safely so we can provide the service the public requires. Accordingly, I respectfully request that all efforts be made to expedite the removal of vegetation and debris from the roadways, right of ways and driveways throughout our county (including the gated communities) to ensure a quick and safe response. Sincerely, // ./ ./ p.'/ /....'" /~/./" 0....,r/ ./ /././ //....--' '// /1 /L.£' ~/C'/... ¿:-~:-;"~ L ,/ KenJ. Mascara S~riff - p:; . SEP 1 6 20u" I, ! - co. ADMIN. OFFICE: ts 1"'1 "'~'c"'50 17 - ~i1 Š~~p~~~ :~~~,?l ~ · . - dJu4 ,,¡ CO. A-Dr~IN. OFFICE , AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR REQUIRING REMOVAL OF DEBRIS FROM PRIVATE RIGHTS-OF-WAY (HURRICANE JEANNE) WHEREAS, the St. Lucie County Administrator has made the following determinations: 1. Pursuant to Section 252.38, Florida Statutes, political subdivisions of the state have the power during a state of local emergency to provide for the health and safety of persons and property. 2. The Board of County Commissioners of St. Lucie County has adopted Resolution No. 00-277 authorizing the St. Lucie County Administrator and the St. Lucie County Public Safety Director to exercise certain emergency powers and authority during a local emergency. 3. The impact of Hurricane Jeanne has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. On September 24, 2004, at 7:00 a.m., the St. Lucie County Public Safety Director declared a state of local emergency which state of emergency has been extended to October 8, 2004. 5. In order to respond to such emergency, upon this declaration, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution No. 00-277 (copy attached) for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 6. Based on the recommendation of the Public Works Director on the advice of local law enforcement officials, including the St. Lucie County Sheriff and the St. Lucie County Fire District Fire Chief (copies of memoranda attached). as a result of the effects of Hurricane Jeanne, there is a clear and present threats to life and public health and safety as well as a threat of significant damage to improved public and private property. and it is necessary to remove debris from both public and private rights-of-way. 7. The removal of debris from public and private rights-of-way will ensure the economic recovery of the affected communities to the benefit of St. Lucie County. NOW, THEREFORE, I am issuing the following Order: 1. Effective September 27, 2004 at 5:00 p.m., the Public Works Director is directed to require the County's debris removal contractors to begin removing debris from private rights-of-way as well as public rights-of-way. 2. This Order shall, as promptly as practicable, be filed in the office of the Clerk of the Circuit Court and delivered to the appropriate news media for publication and radio and television broadcast thereof. Signed this ~ day of September, 2004, ate{) :(j:) . Änderson Cou ty dministrator St. Lucie County , " RESOLUTION NO. 00- 277 A RESOLUTION OF THEBQARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING AND RESTATING RESOLUTION NO. 94-143, AUTHORIZING THE COUNTY ADMINISTRATOR AND THE PUBLIC SAFETY DIRECTOR TO EXERCISE CERTAIN EMERGENCY POWERS AND AUTHORITY DURING A LOCAL EMERGENCY AND PROVIDING AN EfFECTIVE DATE -~/ WHEREAS, on August 23, 1994, pursuant to Chapter 252, Florida Statutes (the "Emergency Management Act") the Board of County Commissioners adopted Resolution No. 94-143 (the "Emergency Powers Resolution") to authorize the County Administrator and Public ,Safety Director to exercise certain administrative powers and authority during local emergencies for a period of seven days with a provision to extend the period in increments of seventy-two hours; and WHEREAS, the Emergency Management Act has been amended to allow extensions of up to seven days and therefore it is necessary to amend and restate the Emergency Powers Resolution to provide for seven day extensions; and WHEREAS, in addition to the emergency authority provided by the Emergency Management Act, Section 161.085, Florida Statutes (1999) and the implementing administrative rules, authorize the County to take emergency measures in the event a storm threatens private structures or public infrastructure; and WHEREAS, the period for response under Florida Statutes 161.085, and the implementing administrative rules is 30 days. NOW, THEREFO~E, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Definitions Board of County Commissioners shall mean the Boa~d of County Commissioners for St. Lucie County. County Administrator shall mean the St. Lucie County Administrator or his designee. \ -:J Public Safety Dti"ectorshall mean the St. Lucie County Public Safety Director or his designee. Section 2: Emergency powers of County Administrator and Public Safety Director The County Administrator and the Public Safety Director shall have the following emergency powers: (a) If the Public Safety Director declares that a local emergency exists in St. Lucie county, then tDe County Administrator may exercise the emergency power and authority necessary to fulfill the general powers and duties as prescribed in this resolution. The state of local emergency shaJl remain in effect until the County Administrator determines otherwise. The duration of each state of emergency declared locally shall be limited to seven (7) days; it may be extended, as necessary, in seven day increments with notice to the Board of County Commissioners. In addition, if the local emergency involves a threat to private' structures or public infrastructure, the local emergency may remain in effect for up to 30 days. The chairman of the Board of County Commissioners may convene the Board at anytime to perform its legislative duties as the situation demands, and shaJl receive reports relative to disaster preparedness activities. (b) During any period of a local emergency, the Public Safety Director shall recommend to the County Administrator to issue such directives as are deemed to protect life and property and preserve critical resources. The County Administrator, upon issuing such emergency directives, shaJl immediately advise the chairman of the Board of County Commissioners of the directives. The directives shall remain in effect until the County Administrator determines otherwise. Such directives may include, but shall not be limited to, the following: (1) Directives prohibiting or restricting the movement of vehicles in order 'tó facilitate the work of emergency management forces, or to facilitate the mass movement of persons from critical areas within the county. (2) Directives pertaining to the movement of persons from areas deemed to be hazardous or vulnerable to an emergency or threat of an emergency. ~ (3) Such other directives necessary to preserve public peace, health and safety. (c) The County Administrator shall advise the Chairman of the Board of County Commissioners of his actions regarding ordering disaster preparedness forces to the aid of -' other communities when required in accordance with state and county mutual aid agreements, and may request the state, or a political subdivision of the state, to send aid to St. Lucie County in case of an emergency when conditions in the county are beyond the control of the local emergency management division. (d) The County Administrator may require emergency services of any county department, division or their employees. If regular county forces are determined inadequate, the County Administrator may require the services of such other personnel as he can obtain -mat are available, including citizen volunteers. All duly authorized persons rendering emergency services shall be entitled to the privileges and immunities as are provided by state law, county ordinances and policies for regular county employees and other registered and. identified emergency management workers and, upon demand, may receive appropriate compensation for their emergency employment. Section 3. This Resolution shall be effective upon adoption. After motion and second, the vote on this Resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner John D. Bruhn Commissioner Paula A. Lewis Commissioner Cliff Barnes AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED this 21st day of November, 2000. BY: BY: OVED"y\S TO FORM A~D CORREcrN~Q; i ¡J~!f¡1¡ , , County Attorney~ ,.. L APP .. 10-01-'04 11:10 FROM-SHERIFFS OFFICE 772-489-5851 T-458 P02/02 U-678 êbrríff KEN J. MASCARA . Telephone: (772) 462·3200 · F8JC: (772) 489-5851 4700 West Midway Road · ForI Pierce, Florida 34981 October I, 2004 Mr. Doug Anderson County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Dcar Mr. Anderson: .on Sunday, September 26, Hurricane Jeanne unleashed its fury on the Treasure Coast. 81. Lucie County became ground zero. and our county suffered extensive dama.ge, power and water outages and localized flooding. As a result ofHunicane Jeanne, extensive vegetation and debris covered the St. Lucie County roadways, further challenging the response of public safety services. Now, almost one week after HU1TÎcane Jeanne. public safety officers remain challenged by the extensive vegetation and debris on the St, 'Lucie CoUnty roadways, with calls for our services much higher than during nonnal times. The public is counting on us to get to emergency scenes quickly and safely so we can provide the service the public requires. Accordingly, I respectfully request that aU efforts be made to expedite the removal of vegetation and debris ftom the roadways, right of ways and driveways throughout our county ,(including the gated communities) to ensure a quick and safe response. Sincerely, , /' .' 1/ /;,' . ~ ..,,-"/ " ' , ',- ,," ,.,' -- ~ ~-;" r' ,;.1,." ~ . ..",..,.. ,,_._--~- i'/#~"'~ " ~,...~.,'t:..,ñ,~" .,C·'~..·~...;.µ ,r".¡' . . . . Kep1. Mascara Sheriff ts OCT-01-04 09:21 AM DOUG ANDERSON Sr::r=·3a·2æc. 2:: 12 :'Rc:t1: FIRE CH!EF 772~2lS33 56140:,21648 P.01 TO: 946=lE48 P.i ST. t.UClI COUNTY FlAE DIST'"CT OFFIce OF THE CHiEF Jay Slzemo,., Fir. Chief Klrtn Jon.., Admin, Attilltenl ¡.II.(.OIJNIY ~ ,}I( ~ ~.9¡DI~~ a4DO Rhocle ..Iand AVI. Fort Pierce, ,1. 34850 PM".: 712.4e2.8301 Fax: 712.4eJ2,$481 October 1, 2004 .. Mr. Doij¡lu Andenon. Administrator St. Lucie Count)' 2300 Virginia Avenue Folt Pic:rc;e. PI.. 304982 D,.ar Mr, Anderson: Due to recent Hurricane Jeanne the uninc;orporated areas of the County I including privately owned pted communities. arc cxperiencin¡ a iarp volume of ttee8. sbrJbbery and other debrìa accumulating aloc¡ the roadways. ^ maJQr concern of the Fire DiSå'jçt Í5 that citizens arc bumin¡ dc:blÌs to expedite it. remoyal. Allo. in aome CUeI the debris is piled so hlah and cleae to the roadway. that it c:ouJd ìmp",d", the rCðpoDlC of fi~ apparatus. Any tiD1ely assiata.nce that )'OU C~ provide in the removal of this debris will be ¡reatl)' appreci,ued.. ~~~ 7Ø: 4/joZ -,,, 1/' ~ @; (G?, f1~ n \V7 f11! ~i .!'~J CO. ADMIN. OFFICe ST.LUCIE COUNTy ENG. 772 4E:2ZS82 lØ/Øl/C4 ll,256m P. eel PUBLIC WORKS DEPARTMENT MEMO RAN DUl\-l TO: Douglas Anderson, County Administrator FROM: Don West, Public \\forks Director (1t~- SUBJECT: Debris collection resulting from Hurricanc Jeanne DATE' October 1, 2004 ----------------------------------------------------------------------------------------------------------- Due to the large number of privately-owned roadways and private gated communities that we have throughout St. Lucie County, it is imperative that we collect and remove this debris immediately, regardless of the implications for funding reimbursement by FEMA. Removal of this debris is a life safety issue. As you are aware, our County Land Development Code encourages private ownership and maintenance of roadways within newer subdivisions, since about 1990. 'Ve have a large number of private neighborhoods in our County, (approximately 25%) representing a large percentage of our taxpayers. Public Works Staff is proceeding with collection of debris within our private neighborhoods and 'we are obtaining "rigltt of entry" approvals from each, prior to collection of debris. Dbw/sd fj BOCC Dan McIntyre, County Attorne)' Ray Wazn)', Assistant County Administrator Michael Powely, COllnty Engineer Craig Hauschild, Capital Projects Engineer ? . . RESOLUTION NO. 00-277 A RESOLUTION OF THE BÒARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING AND RESTATING RESOLUTION NO. 94-143, AUTHORIZING THE COUNTY ADMINISTRATOR AND THE PUBLIC SAfETY DIRECTOR TO EXERCISE CERTAIN EMERGENCY POWERS AND AUTHORITY DURING A LOCAL EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, on August 23, 1994, pursuant to Chapter 252, Florida Statutes (the UEmergency Management Act") the Board of County Commissioners adopted Resolution No. 94-143 (the UEmergency Powers Resolution")to authorize the County Administrator and Public Safety Director to exercise certain administrative powers and authority during local emergencies for a period of seven days with a provision to extend the period in increments of seventy-two hours; and WHEREAS, the Emergency Management Act has been amended to allow exte.nsions of up to seven days and therefore it is necessary to amend and restate the Emergency Powers Resolution to provide for seven day extensions: and WHEREAS, in addition to the emergency authority provided by the Emergency Management Act, Section 161.085, Florida Statutes (1999) and the implementing administrative rules, authorize the County to take emergency measures in the event a storm threatens private structures or public infrastructure; and . -.;g~ ..~ .£"'~ WHERF~S, the I period for response under Florida Statutes 161.085, and the implementing administrative rules is 30 days. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Definitions Board of County Commis'sionersshall mean the Board of County Commissioners for St. Lucie County. County Adminístratorshall mean the St. Lucie County Administrator or his designee. . . Public Safety Director shall mean the St. Lucie County Public Safety Director or his designee. Section 2: Emergency powers of County Administrator and Public Safety Director The County Administrator and the Public Safety Director shall have the following emergency powers: (a) If the Public Safety Director declares that a local emergency exists in St. Lucie county, then the County Administrator may exercise the emergency power and authority necessary to fulfill the general powers and duties as prescribed in this re~olutjon. The state of local emergency shall remain in effect until the County Administrator determines otherwise. The duration of each state of emergency declared locally shall be limited to seven (7) days; it may be extended, as necessary, in seven day increments with notice to the Board of County Commissioners. In addition, if the local emergency involves a threat to private structures or public infrastructure, the local emergency may remain in effect for up to 30 days. The chairman of the Board of County Commissioners may convene the Board at anytime to perform its legislative duties as the situation demands, and shall receive reports relative to disaster preparedness activities. (b) During any period of a local emergency, the Public Safety Director shall recommend to the County Administrator to issue such directives as are deemed to protect life and property and preserve critical resources. The County Administrator, upon issuing such emergency directives, shall immediately advise the chairman of the Board of County Commissioners of the directives. The directives shall remain in effect until the County Administrator determines otherwise. Such directives may include, but shall not be limited to, the following: (1) Directives prohibiting or restricting the movement of vehicles in order to facilitate the work of emergency management forces, or to facilitate the mass movement of persons from critical areas within the county. (2) Directives pertaining to the movement of persons from areas deemed to be hazardous or vulnerable to an emergency or threat of an emergency. (3) Such other directives necessary to preserve public peace, health and safety. (c) The County Administrator shall advise the Chairman of the Board of County Commissioners of his actions regarding ordering disaster preparedness forces to the aid of . . other communities when required in accordance with state and county mutual aid agreements, and may request the state, or a political subdivision of the state, to send aid to St. Lucie County in case of an emergency when conditions in the county are beyond the control of the local emergency management division. (d) The County Administrator may require emergency services of any county department, division or their employees. If regular county forces are determined inadequate, the County Administrator may require the services of such other personnel as he can obtain that are available, including citizen volunteers. All duly authorized persons rendering emergency services shall be entitled to the privileges and immunities as are provided by state law, county ordinances and policies for regular county employees and other registered and identified emergency management workers and, upon demand, may receive cpproprk:tß -- compensation for their emergency employment. Section 3. This Resolution shall be effective upon adoption. After motion and second, the vote on this Resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner John D. Bruhn Commissioner Paula A. Lewis Commissioner Cliff Barnes AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED this 21st day of November, 2000. ,¥,,' BOARD COUNTY COMMISSIONERS / ::,- LUrE ~~ Chairman APP~O~~~ TO FORM AND BY' C14 ~ County Attorney~ ( , South Florida Water Management District 21 0 ATLANTA AVENUE STUART, FLORIDA 34994 SFWMD ENVIRONMENTAL RESOURCE EMERGENCY PERMIT T-QS9 P01/02 U-082 }.,~ ~ ~,V\' 11-03-'04 12:01 FROM- Permit Number: 1 02904~DL~01-H. I Permittee: St. Lucie County Board of COURty Commissioners 2300 Virginia 'Avenue Ft. Pierce, FL 34982 , I 1. Project Location: , The wast side of the Indian River Lagoon beginning at the Martin/St. Lucie County line proceeding'north Into St. LÓcle County for a distance ~f13.7 miles. Waterbody: Indian River Lagoon. County: St. Lucie. Section Various I Townships: 35~37S, Ranges: 40-41 E An inspection of the property has confirmed that damage has 'occurred from Hurricane Frances. This emergency permit is issued in accordance with the intent of the South Florida Water Management DìstrictEmergency Final Order numbered 2004-175 DAO~ dated September 24, '2004 for repairs, råplacament, restora'tion ,and certain other measures made necess~ry by the hurricane. .2. This emergency permif aut/')9rizes work to restore, repair, and replace pre-existing upland ground elevations wiïlch have been altered as the result of Hurricane Jeanne, Those works may include the following: a. Grub, clear and regrade the east shoulder and embankment slope of Indian'River Drive. b. Placement and stabilization åf clean fill material. c. I nstallation of slope armoring. 3. The work authorized for this emergency permit is subject to the following conditions: a. The SFWMD Environmental Resource Regulation Department has reviewed the information you provided and determined that your proposed project is authorized pursuant to Chapters 373, 403.258 and 253, Florida Statutes. Under section 120.59(3), the Department of Environmental Protection has recognized the Emergency Final Order, in response to the damage by Hurricane Frances in South Florida. This authorization shall take effect immediately and expire within 6 months of the date of issuance. unless otherwise extended. b. The work shall be performed so as not to violate or exceed water quality standards of the State as specified In Chapter 62-302, Florida Administrative Code. c. All work must be completed within 6 months from the date of issuance. . d. This permit does not waive any other required federal, state, county or loœ.l permits. e. This permit shall be readily available at the project site to any duly eLrthorized representative of the SPNMD, DEP, County or empowered law enforcement officer, -_..~n.~@:,~ I"~ NOV D , 2004 3 r'r1 ^r"'\AllltLl ___._ <.....,.~".-- 11-03-' 04 12: 01 FROt'J- T-05S P0Z/0Z U-0S2 . ' SfWMD Environmental Resource Emergency Permit Page 2 oj 2 1. This permit does not convey any property rights, either in real estate or material, or any exclusive privileg.es; and it does not authorize any injury to property or invasion of rights. g. This permit does not authorize interference with any existing or proposed federal, state project and the permittee shall not be entitled to compensation for damage or Injury to the structures or work authorized herein which may be caused or result from existing or future operations undertaken by the United States or the State of Florida in the public interest. ' h. In accepting this permit, the applicant is solely responsible for compliance with the terms of the authorization. This project may be subject to a future compliance Inspection. . í. Any deviations or extensions to thiS authorization will require the Permittee to apply for an Environmental Resource Permit from the South Florida Wa1er Management District. 4. SPECIAL CONDIT,IONS: a. Measures shall be taken during constn¡Jction to insure that sedimentation and/or turbidity'problems are nöt created in the receiving water. b. Silt screens, hay bales or other such sediment control measures shall be utilized during construction. The selected sediment control measures shall be Installed prior to commencement of construction and maintained during the course of the authorized activities. All areas shall be stabilized and vegetated immedia1ely aher construction to prevent erosion and sedimentation. c. All construction activities shall be conducted from the landward side of the project. d. All fill material, shall be cOl)1pacted and capped with beach quality'sand. e. Only acceptable, clean, iil) material may be used for the activities. f. The permittee shall hold and save ~he Distnct harmless from any and aU damages, claims, or liabilities which may arise by reas,on of the construction, operation, maintenance or use 61 any facility authorized by the permit .".. . This permit is issued this 29 day Ôf October , 2004; by í)",..v F? ~ Donald A. Loving Title: Seníor Requlatorv Supervisor Environmental Resource Compliance Division Environmental Resource Regulation Department MartinlSt. Lucie Service SFWMD Ð9/28/2004 1~:28 5=1-4::,2-18E18 ECiC18Ð8 PAGE 01/132 AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR REQUIRING USE OF PRIVATE DRIVE FOR ACCESS (HURRICANE JEANNE) WHEREAS, the $t. Luoie County Administrator has made the following determinations: 1. Pursuant to Section 252.38, Florida Stßtutes, political subdivisioils of the state haVè ,he power during a state of local emergency to provide for the health and safety of persons end property. 2. The BOQrd of County Commissioners of St. Lucie County has adopted Resolution No. 00-277ðl..rthorjzing the St. Lucie County Adminis.trator and the St. Lucie County Public Safvty Director to exercise certain emergency powers and authority during a local emergency. 3. The Impact of Hurricane Jeanne has placed St. Lucie Coun1y in B state of emergency, exposing the citizenS thereof to danger to life and property. 4. O~ Sapt6mber 24, 2004, at 7:00 a.m., the St. Lucie County Public Safety Director declared a state of local emergenGY which state of eme;rgency has been extended to October 7, 2004, 6. in orCer to respond 'to such emergency, upon this dsclaration. the County Administrator or his designee is authorized to initiate and take such aCtions authorized by Ref:!olU'iion No. 00·277 (copy attached) for ane! on behalf of the Board of County Commissioners dUijr.g the term of such local state of emergency. 6. Based on 'the recommendation of the Public Work.s Director and on the advice of lOGs! law enforcement officials, including the St. Lucie County Sher:ff and the St. Lucie County Fire Pistrict Fire Chi5T, as a result of the effects of Hurricane Jeanne and the partial destruction of Indian River Drive, there is a olear and present threats to life and public health and safety as well 89 a threat of $igni"ficant damage to improved public and private prop¢rty and it is necessary to use a private drive on property owned by AI and Kate Sanders located at 13797 Indian River D"¡'.'e !o provide access to IndIan Rìver Drive for emergency/Isw enforcement ð9/28/2ca4 1~:20 551-452-1 t:D8 ECC19Ð8 PAGE P') II)": :"';_1 u_ vehicles, contrac'tors and o'ther agents of the Counw and owner and residents of property along Indian Rívar Drive. 7. The use of this private access is essential and will ensure the economic recovery of the affected commUilities to the benefit of St. Lucie County. 8. The property owners have Gonsen'ted to 'the use of the private drive, subject 10 the commìtmBnt of the County to repair any demage to the property owner's property resultin!i) from the use 01 ,he private drive. NOW, THEREFORE, I am issuin9 the following Order: 1. Effective September 27, 2004 at 5:00 p.m., tile Public Works Director is directed to use the private drive referenced above to provide access to Indian River Drive ior the persons mentioned above. 2. During the period of use of the private drive, the County agrees to repair any damage to the private owners' property resulting from the U$e of the priva~e drive. Upon completion of use of the private drive for access to Indian· River Drive, tho County agrees to restore the private drive to at least the 5ams condition the private drive was in prior to the use for access. 3. This Order shall continue until October 26, 2004 at 6:00 p.m. unless sooner rescinded by order of the County Administrator or Board of County Commissioners. 4. This Order shall, as promptly as practicable, be filed in the officB of the Clark of the Circuit Court and delivered to the appropriate news media for pUbllc8'tlon and radio and television broadcast thereof. Signed effective this 27th day of September, 2004, at 5: , eS/28/2Ba4 14:213 Copy to: 561-452-18138 Board of County Commissioners County Attorney AI and Kate Sanders EOC18B8 PAGE 03/0~ no l:' ~ ~ ~~~<. '·;:·",r·~' ' , \,)1, .. "" . ¿~,... " $beriff KEN J. MASCARA October 28, 2004 Telephone: (772) 462-3200 . Fax: (772) 489-5851 4700 West MI""'ay Road · I'M Plerea, Ro"da "iI"o œ © œ ~ w œ ijl ¡ )It OCT 2 8 2Ð04 W ¡ ~l COUNTY ATTORNEY , ;. ø/61 / ó;r CC- ~ " ~~ ¡ß I ¿.J & 0 f r¡A!l' /I'1/1;,,J i1 I am writing to document a serious public safety issue: the condition of Indian Riyer Drive. /);If' 1fr. Doug Anderson, County Administrator St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 Dear Doug: Hurricanes Fra.nces and Jeanne, which struck St. Lucie C..ounty in September, took a heavy toll on this road. The storms devastated this road, and washed it out in some places. Currently, it is baxely passable for residents, law enforcement squad cars and fire-l'eecue ambulances. The roadway is unstable. Currently, there a.re parts of this road that are so badly eroded that emergency vehicles have to travel across the lawns of residences to traverse the road. Deputies and f1Ie·rescue ambulance drivers receive training in driving in such dangerous conditions, but they have to proceed with great caution. It is obvious that further erosion will further threaten public safety because it will make Indian River Drive harder to traverse by emergency vehicles and impossible to traverse by members of the public, including residents. For the safety of the people of St. Lucie County, I respectfully request that this matter receive immediate. definitive attention. Thank you. Sincerely, ds . ~f3[)~::~!\ I"¡~\ QC1 2 7 'L~)\ ~Mi~OFF\CE Jay Sizemore, Fire Chief Karen Jones, Admin. Assistant ~.&. \,GUNTy1'o '-' .~ ¡--: c:;:¡ C/) ::t> X ~ --Yt9[ 0 S\~\~ 2400 Rhode Island Ave. Fort Pierce, FL 34950 Phone: 772.462.8301 Fax: 772.462.8461 ST. LUCIE COUNTY FIRE DISTRICT OFFICE OF THE CHIEF jJfJ/J' October 28, 2004 /IÎ I () 61 , rZ;V IV ~c.c.- Mr. Do~glas Anderson, County Administrator rr~~ Œ ® Œ ~ WI Œ , =-'. 'l? ; f St. LucIe County '~D I r---, -~._- I rfll ) 2300 Virginia Avenue Û ~ _ r. I I, ..., L/' . Fort Pierce, FL 34982 I DC I 2 8 <004 I Þ V¡ 'I; 0 Dear Mr. Anderson: I COUNTY ATTORNEY f'1J',)('1 Based on the conversations with County engineering staff and their presentations to the County Commission and public, I support the stabilization ofthe bank along Indian River Drive. As you know, the drive is a north south roadway with very few intersections for access. Any breach of the roadway then becomes problematic for the Fire District to provide proper fire and EMS protection to the residents. PUBLIC WORKS DEPARTMENT MEMORANDUM µ O~ , ru n· fJ\~pv1 ( \; )' Ý (1 DATE: October 22,2004 , ~~ pf ........................................................................... .?J..... TO: Doug Anderson, County Administrator FROM: Don West, Public Works Director !t~· SUBJECT: Indian River Drive Shoreline Stabilization During the month of September 2004, the effects of Hurricane Frances, Ivan, and Jeanne resulted in severe erosion of the shoreline adjacent to Indian River Drive. The shoreline has been critically eroded to the extent that it threatens the ability of the County to maintain the structural integrity of the roadway. This condition exists along the entire length of Indian River Drive, from the south county line to the City Limits of Fort Pierce, approximately 14 miles in length. Annoring of the shoreline along the length of Indian River Drive is a life safety issue and public necessity. Future rainfall events will result in additional failures to the roadway structure, unless the shoreline is annored to provide stabilization. It is my recommendation the County should proceed with armoring of the shoreline along Indian River Drive to protect the integrity of the road and provide a safe roadway for our motoring public. c: Ray Wazny, Assistant County Administrator Mike Powley, County Engineer Dan McIntyre, County Attorney Wõll Œ ITS ~ï~L~! ¡ f; Wi OCT 2 9 ¿:M ! _~I : ¡ : ! ¡ ... ,,,_,'...J I í_S:0UNTY ATTORN~~~.j Dbw/sd DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 4400 PGA Boulevard, Suite 500 Palm Beach Gardens, Florida 33410 REPLY TO ATTENTION OF November 10, 2004 Palm Beach Gardens Regulatory Office SAJ-2004-11283 (NW-AAZ) St. Lucie County Public Works Department Attention: Mr. Donald B. West 2300 Virginia Avenue Fort Pierce, Florida 34982 Gentlemen: Your application for a Department of the Army permit received on October 19, 2004, has been assigned number SAJ-2004-11283. A review of the information and drawings provided shows the proposed work consists of re-constructing and stabilizing approximately 13.7 miles of Indian River Drive to repair the damages caused by Hurricanes Frances and Jeanne. The shoreline and road repairs would begin at mile marker 0.9 at the St. Lucie County/Martin County line, and end at mile marker 14.6 at Orange Avenue in Fort Pierce. The project is located on Indian River Drive along the Indian River in Sections 4, and 9, Township 37 South, Range 41 East; Sections 29, 32, 18, 19, and 8, Township 36 South, Range 41 East; Section 1, Township 36 South, Range 40 East; Sections 10,' 14, 15, 23, 26, 35, and 36, Township 35 South, Range 40 East; Section 35, Township 35 South, Range 40 East, St. Lucie County, Florida. Your project, as depicted on the drawings received in this office on October 28, 2004, is authorized by Nationwide Permit (NWP) Number 3. In addition, thirteen project specific conditions have been enclosed. This verification is valid until November 10, 2006. Please access the U.S. Army Corps of Engineers' Regulatory web address at http://www.usace.army.mil/inet/functions/cw/cecwo/reg/nationwide_permits.htm to view the special and general conditions for NWP 3, which apply specifically to this authorization. You must comply with all of the special and general conditions and the project specific conditions of this authorization or you may be subject to enforcement action. In the event you have not completed -2- construction of your project within the specified time limit, a separate application or re-verification may be required. This letter of authorization does not obviate the necessity to obtain any other Federal, State, or local permits, which may be required. In Florida, projects qualifying for this NWP must be authorized under Part IV of Chapter 373 by the Department of Environmental Protection, a water management district under §. 373.069, F.S., or a local government with delegated authority under §. 373.441, F.S., and receive Water Quality Certification (WQC) and Coastal Zone Consistency Concurrence (CZCC) (or a waiver), as well as any authorizations required by the State for the use of sovereignty submerged lands. You should check State- permitting requirements with the Florida Department of Environmental Protection or the appropriate water management district. This letter does not give absolute Federal authority to perform the work as specified on your application. The proposed work may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood-prone area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program. If you are unable to access the internet or require a hardcopy of any of the conditions, limitations, or expiration date for the above referenced NWP, please contact Alisa Zarbo by telephone at 561-472-3514. Thank you for your cooperation with our permit program. Sincerely, ~J~f;;/!:ji Chie~_gUlatory Division Enclosures Copies Furnished: CESAJ-RD-PE -3- Project Specific Conditions SAJ-2004-11283 1. Within 60 days of completion of the work authorized, the attached "Self-Certification Statemetlt of Compliance" must be completed and submitted to the U.S. Army Corps of Engineers (Corps). Mail the completed form to the Regulatory Division, Enforcement Section, Post Office Box 4970, Jacksonville, Florida 32232-0019. 2. If at some point you no longer have the requisite property interests for this project, you are required to transfer the nationwide verification to the new owner by having them sign the attached "Request for Permit Transfer" sheet. Mail the completed form to the Regulatory Division, Enforcement Section, Post Office Box 4970, Jacksonville, Florida 32232-0019. 3. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. 4. Reduction and/or elimination of turbid water conditions in adjacent water bodies and wetlands are to be achieved through the use of silt curtains or screens in the construction area during periods of construction. The silt curtains or screens shall be placed landward of the mean high water line. 5. All construction shall take place from the land. No in-water construction is authorized under this permit. If in-water construction is necessary, the permittee shall contact the Corps, South Permits Branch, Palm Beach Gardens Regulatory Office prior to any in-water construction for approval. 6. This permit acknowledges that impacts to aquatic resources, i.e., submerged aquatic resources, wetlands, mangroves, special aquatic sites, are not anticipated as a result of the project. However, if impacts to aquatic resources occur as a result of construction methodologies, the permittee shall contact the Corps, South Permits Branch, Palm Beach Gardens Regulatory office within three business days of the occurrence. Appropriate mitigation measures shall be determined by the Corps and may -4- include the planting of suitable additional wetland species along the Indian River Lagoon, off-site mitigation, or improving water quality to the Lagoon by replacing additional outfalls not damaged by the storms. 7. The permittee shall remove all nuisance and exotic plant species located within the project area. 8. The permittee shall only remove existing native plant vegetation if the removal is necessary to stabilize the shoreline. This permit acknowledges that the St. Lucie County Environmental Resources Department will flag forested and shrub native plant species, including mangroves, within the construction area to lessen the risk of removal/impact as a result of construction activities. 9. This permit acknowledges that the permittee is committed to replant the shoreline with native plant species. The permittee shall coordinate the Phase II replanting efforts with the Corps, South Permits Branch, Palm Beach Gardens Regulatory Office for appropriate plant species. 10. In areas where the articulated concrete block is not feasible to stabilize the shoreline, coquina rock shall be used in lieu of the concrete rubble. The coquina rock shall be no less than two feet in diameter and shall be hand placed around all wetland vegetation, including mangrove prop roots. 11. The permittee shall retrofit the existing stormwater outfalls damaged by the storm to improve water quality in the Indian River Lagoon. 12. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 13. The Corps is aware that the western portion of the Indian River and the shoreline is within the Coastal Barrier Resources Act (COBRA) P-ll, Hutchinson Island Unit, which is designated to protect the waters of the Untied States and their natural resources. The Corps requests that you coordinate with the U.S. -5- Fish and Wildlife Service, South Florida Ecological Services, 133920th Street, Vero Beach, Florida 32960, 772-562-3909 prior to construction as portions of the activities may be in close proximity to the coastal barrier resource system and may potentially impact the COBRA P-ll Hutchinson Island Unit. -6- SELF-CERTIFICATION STATEMENT OF COMPLIANCE Permit Number: SAJ-2004-11283 Permittee's Name & Address (please print or type): Telephone Number: Location of the Work: Date Work Completed: Date Work Started: Description of the Work (e.g., bank stabilization, residential or commercial filling, docks, dredging, etc.): Acreage or Square Feet of Impacts to Waters of the United States: Describe Mitigation completed (if applicable) : Describe any Deviations from Permit (attach drawing(s) depicting the deviations) : ******************** I certify that all work, and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). Signature of Permittee Date -7- DEPARTMENT OF THE ARMY PERMIT TRANSFER REQUEST PERMIT NUMBER: SAJ-2004-11283 When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite, the permit itself, with its limitations, does not expire. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Branch, Post Office Box 4970, Jacksonville, FL 32232- 0019. (TRANSFEREE-SIGNATURE) (SUBDIVISION) (DATE) (LOT) (BLOCK) (STREET ADDRESS) (NAME-PRINTED) (MAILING ADDRESS) (CITY, STATE, ZIP CODE)