HomeMy WebLinkAboutDEP ApprovalSOUTH FLORIDA WATER MANAGEMENT DISTRICT
MARTIN/ST. LL'CIE SERVICE CENTER Willoughby Crossroads, 780 SE Indian Street, Stuart, FL 34997
T • (772) 223-2600 • FL WATS 1-800-2504100 • Suncom 269-2600 • Fax (772) 223-2608 • WWW.5Rvmd.gov/msl/
January 24, 2008
Mr. Domenick R. Lioce
Pelican Point West Associates, Ltd.
1645 Palm Beach Lakes Boulevard, Suite 1200
West Palm Beach, FL 33401
Dear Mr. Lioce
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SUBJECT: NOTICE OF COMPLIANCE (INSPECTION);",'
PELICAN POINTE WEST,
PERMIT NO.: 56-01328-P,
APPLICATION NO.: 010917-11,
ST. LUCIE COUNTY, S22/T36SIR41E
On January 23, 2008, the District conducted an inspection of the upland buffer and
wetland preserve area associated with the subject project. The District found the
preserve area to be in relatively good condition with only minor exotic vegetation
problems (torpedo grass on south end and morning glory on north end).
The District has determined that unless a maintenance problem is found during
future inspections, no additional monitoring is required at this time. Please note that
it is the permittee's responsibility to continue to maintain the preserve area in
perpetuity and in accordance with the terms and conditions of the above -referenced
permit.
Should you have any questions or require further assistance, please contact
me at (772) 223-2600, extension 3616.
Sincerely,
/ 2/ /
Scott B. McNabb
Senior Regulatory Professional
Environmental Resource Compliance Department
Martin/St. Lucie Service Center
South Florida Water Management District
c: Wayne Blythe, Blythe Environmental, Inc.
GOVERNING BOARD
EXECUTIVE OFFICE
Kevin McCarty, Choir Alice J. Carlson Lennart E. Lindahl, P.E. Carol Ann Wehle, Execulive Director
Irela M. Bague, Vice -Chair Michael Collins Harkley R. Thornton
rvliya Burt -Stewart Nicolas J. Gutierrez, Jr., Esq. Malcolm S. Wade, Jr.
DISTRICT HEADQUARTERS: 3301 Gun Club Road, P.O. Box 24680, West Palm Beach, FL 334164680 • (561) 686-8900 • FL WATS 1-SOG 432-2045
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RECEIVED
DEC 1. 9 2019
Permitting Department
St. Lucie Countv
200 Naco Rd, Suite C, Ft. Pierce, FL 34946
summerlinsmarineconstructionOemail.com
772-464-.6090
December 19, 2019
Re: Permit Number: 24011647
Permit Type: Dock
Job address: -Pelican Point Dr
To David Johnson:
Please find attached as perthe request of the building department, a new permit application for Pelican
Point.
ectfully
Joy S. Yancy
29.64'-
-117.1
/--A�f00RING PILE (TYP.)
f • o
TOP OF FINGER = (+)4.00'
ABOVE M.H.W.L.
(TYP.)
• • o
SEE STEP
DETAIL
TOP OF DECK = (+)5.825'
ABOVE M.H.W.L.
•-;.•1 7
PLAN KEW
0
(TYP.) .
12.5'
�j (TYP.)
12" C TO C
(TYP.)
_ /Ct/lz-Dy3?
ST. LUCIE COUNTY
BUILDING DIVISION
REVIEWED
FOR COMMPLJANCE
REVIEWED BY
DATE 30
PLANS AND PERMIT
MUST BE KEPT ON JOB OR
NO INSPECTION WILL BE MADE
200 Noca Road
Ft. Peirce FL. 34946 (772) 464-6090 Summer/ins Seven Secs -
S TLHLi✓AAt
10
11 1/4'
10 13/1B
STEP DETAIL
PROJECT -Pelican Point
West Association. L TD
St. Lucie County, FL
]DATE: 5/041DRAWN: JEB ICHK: HS IAPPR: HSI
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TERMINAL PLATFORM AND MITIGATION DETAIL
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RUG-04-2003 09:45
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70P OF PILE IS —
TO BE CUT OFF 3/4"
BEIDW TOP OF HAND
RAR AT A 44 ANGLE
y;-. I I; •itst "i,
2' a B" (P.T.)
B'— 0' MINf-9
HAND RAIUNG
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TO TOP (TYP-)
8'—O" MAX.(P./8" (TYP.)
RAIUNG (TYPB'0 nP WOOD PILE (IYP.)
/8' (IYP.)
1/2" IRN. SPACING 2' a 8' (P-T)
WARINE GRADE
STRINGERS
0) 24' O.C. (TYP.) W/
2' a 1/0'�(P.T) 24' SPUCE (MIN.)
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TO BE H.D. GAU V. MP.)
EXIST. RTYER
T)OTTDU
11
TMICAL CROSS SECTION
N. T. S.
NOTE, HAND RAIL ON TERMINAL T TO BE ON LANDWARD SIDE ONLY
2': 6' DECKING TO BE SCREWED TO STRINGERS V/(b 3' S.S. SCREWS EACH STRINGER.
I SEC.
7WP.
INC.
199507875(LP-TKw)
S22,T36s,R41e
Drawing 3 of 8
July 30, 2003
PRDJECT: Pelican Point
West Associotion. LTD
St. Lucie County, FL
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Attachment 7I a
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
ENVIRONMENTAL RESOURCE
STANDARD GENERAL PERMIT NO.56-01328-P
DATE ISSUED: March 31, 2063
FortnN0941
oa/95
PERMITTEE: PELICAN POINTE WEST ASSOC LTD V� C��Q
1645 PALM BEACH LAKES BLVD SUITE 1200. --, rz
WEST. PALM BEACH, FL 33401
PROJECT DESCRIPTION: Construction and operation of a 9-slip mufti -family docking facility serving an upland
development known as Pelican Pointe West, and authorization of a private lease
over 8303 square feet, more or less, of state-owned sovereign submerged lands for
the docking facility, including placement of riprap under the terminal platform.
PROJECT LOCATION: ST LUCIE COUNTY, SEC 22 TWP 36S RGE 41 E
PERMIT DURATION: See Special Condition No:1. See attached Rule 40E-4.321, ' Florida Administrative
Code.
This is to notify you of the Districts agency action concerning Notice of Intent for Permit Application No. 010917-11, dated Se
2001. This action is taken pursuant to Rule 40E.1.603 and Chapter 40E-40 , Florida Administrative Cade (F.A.C.). ptember 17,
Based on the information provided, District rules have been adhered to and an Environmental Resource General Permit Is in effect for this
project subject to:
1. Not receiving a filed request for a Chapter 120, Florida Statutes, administrative hearing.
2. the attached 19 General conditions (See Pages : 2 - 4 of 7),
�,�% r:
3. the attached 21 Special Conditions (See Pages : 5.7 of 7) and %- ..71 ^,;; .11 b,
4. the attached 25 Exhibit(s).
desire Should you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed If you
osed
matter.aIf we c hearing or other do not hear from you io accordance
w of the with the9Notice of Rightslease contact this Office If we will assume that you you have concur with any
the District's action.
concerning this
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a "Notice of Rights" has been mailed to the Permittee (and
attached distribution list) no later than 5:00 p.m. on this 31st day of March 2003 in
120.60(,31 Florid tatutes.
BY:
Robert G. Robbins
Director- Natural Resource Management
Palm Beach Service Center
ertified mail number 7001 2510 0006 9137 6792
the persons listed in the
accor{i, Qce with Section
S��Jt�D
17D4 ��22b s �q76
Page 1 of 7
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x 199507875(LP-TKW)
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+ Drawing 5 of 8
fuly 30, 2003
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STANDARD MANATEE CONSTRUCTION CONDITIONS
June 2001
The permittee shall comply with the following manatee protection construction conditions:
a• The permittee shall instruct all personnel associated with the project of the potential
Presence of manatees and the need to avoid collisions with manatees. All construction
personnel are responsible for observing water -related activities for the presence of
manatee(s).
b• The pennittee shall advise all construction personnel that there are civil and criminal
penalties for harming, harassing, or killing manatees which are protected under the
Marine Mammal Protection Act of 1972, The Endangered Species Act of 1973, and the .
Florida Manatee Sanctuary Act.
C. Siltation barriers shall be made of material in which manatees cannot become
entangled, are properly secured, and are regularly monitored to avoid manatee
entrapment. Barriers must not block manatee entry to or exist from essential habitat.
d. All vessels associated with .the construction project shall operate at "no wake/idle"
speeds at all times while in the construction 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.
e. If manatee(s) are seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to
ensure protection of the manatee. These precautions shall include the operation of all
moving equipment no closer than 50 feet of a manatee. Operation of any equipment
closer than 50 feet to a manatee shall necessitate immediate shutdown of that
equipment. Activities will not resume until the manatee(s) has departed the project area
of its own volition.
r• Any collision with and/or injury to a manatee shall be reported immediately to the FWC
Hotline at 1-888-4.04-FWCC. Collision and/or injury should also be reported to the U.S.
Fish and Wildlife Service in Jacksonville (1-904-232-2680) for north Florida or Vero
Beach (1-561-562-3909) in south Florida.
9• Temporary signs concerning manatees shall be posted prior to and during all
construction/dredging activities. All signs are to be removed by the permittee upon
completion of the project. A sign measuring at least 3 ft. by 4 ft which reads Caution:
Manatee Area will be posted in a location prominently visible to water related
construction. crews. A second sign should be posted if vessels are associated with the
construction, and should be placed visible to the vessel operator. The second sign
should beat least 81/2" by 11"which reads Caution; Manatee Habitat. Idle speed is
required if operating a vessel in the construction area. All equipment must be shutdown
if a manatee comes within 50 feet of operation. Any collision with and/or injury to a
manatee shall be reported immediately to the FWC Hotline at 1-888-404-FWCC. The
U. S. Fish and Wildlife Service should also be contacted in Jacksonville (1-904-232-
2580) for north Florida or in Vero Beach (1-561-562-3909) for south Florida.
CAUTION
MANATEE HABITAT
IDLE SPEED is required if operating a vessel
in the construction area.
All Equipment must be SHUT DOWN if a manatee
comes within 50 feet of operation.
Any collision with and/or injury to a manatee shall be reported
immediately p
to the FWC at;
1-888=404-F CC
�1
1 " (1-888-404-3922)
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6
m
RUG-04-2003 09:48
Dock Construction Guidelines in Florida for Docks or Other Minor Structures Constructed
in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat
U.S. Army Corps of Elagineers/National Marine Fisheries Service
August 2001
Submerged Aquatic Vegetation:
1. Avoidance. The pier shall be aligned so as to minimize the size of the footprint over SAV beds.
2. The height of pier shall be a tminunum of 5' above MHWIOHW as measured from the top surface of the decking.
3. The width ofthe pier is limited to a maximurnof4'. A turnaround area is allowed forpiers greater than 200' in length.
The turnaround is limited to a section of the pier no more than I in length and no more than 6' in width. The
turnaround shall be located at the midpoint of the pier.
4. Over-SAV bed portions of the pier shall be oriented in a north -south orientation to die maximum extent that is
practicable.
5. a. Ifpossible, terminal platforms shall be placed in deep water, waterward ofSAV beds or in an area devoid of SAV
beds.
b. If a terminal platform is placed over SAV areas and constructed ofgrated decking, the total size ofthe platform shall
be limited to 160 sq. ft. The grated deck material shall conform to the specifications stipulated below. The configuration
of the platform shall be a maxitnt art of Thy 20'. A minimum of S by 20' shall conform to the 5' height requirement; a 3'
by 20'section may be placed 3' above MHW to facilitate boat access. The long axis of the platform should be aligned in
a north -south direction to the maximum extent that is practicable.
c. If the terminal platform is placed over SAV areas and constructed of planks, the total size of the platform shall be
limited to 120 sq. ft. The configuration of the platform shall be a maximum of 6' by 20' of which a minimum 4' wide by
20' long section shall conform to the 5' height requirement. A section may be placed T above MHW to facilitate boat
access. The 3' above MHW section shall be cantilevered. The long axis of the platform should be aligned in a north -
south direction to the maximum extent that is practicable. If the 3' above MHW section is constructed with grating
material, it may be T wide.
6. One uncovered boat lift area is allowed A narrow catwalk (T wide ifplanks are used, 3' wide if grating is used) may
be added to facilitate boat maintenance along the outboard side of the boat lift and a 4' wide walkway may be added
along the stem end of the boat lift, provided all such walkways are elevated 5' above MHW. The catwalk shall be
cantilevered from the outboard mooring pilings (spaced no closer than 10' apart).
7. Pilings shall be installed in a manner which will not result in the formation of sedimentary deposits("donuts" or
"halos") around the newly installed pilings. Pile driving is the preferred method of installation, but jetting with a low
pressure pump nay be used.
8. The spacing of pilings through SAV beds shall be a minimum of 101.
9. The gaps between deekboards shall be a minimum of %"..
41•i�.�.:. �.1 w
MUU—t14—GGO,] 19747 P.16
e � -
Marsh:
1. The structure shall be aligned so as to have the smallest over -marsh footprint as practicable.
2. The over -marsh portion of the dock shall be elevated to at least 4' above the marsh floor.
3. The width of the dock is limited to a maximum of 4'. Any exceptions to the width must be accompanied by an equal
increase in height requirement.
Mangroves.
I. The width of the dock is limited to a maximum of 4.
2. Mangrove clearing is restricted to the width of the pier.
3. The location and alignment of the pier should be through the narrowest area of the mangrove fringe.
A ber
ENMONMENTAL RESOURCE PERMIT
Construction Commencement Notice
PROJECT:�1�
PHASE:
I hereby notify the D
ePartment of Eu*onmental Protection that the construction of the surface
watermanagement system authorized by En '
— �� �uonmental Resource permit Number cowmen �-�� �;-�
expected commence on , ——"-----, has
I
m 2t20 and will require a duration of
app ximately `_ months weeks
days to complete. It is understood that should the
construction term extend beyond one
year, I am obligated to submit the Annual Status Report for Surface
Water Management System Construction.
PLEASE NOTE: If the actual construction comumCement date is not known,
be so notified in Writing in order to satisfy pelt conditions.
Department staff should
Pemuittee or v� � �
eluthorized Agent title and Company
Date �i �!
Phone
U2.lE 1 -i C
Address ���� ti 4
09:44
P.02
RUG-04-2003
DEPARTMENT OF THE ARMY
JACKSOJMLLE DISTRICT CORPS OF ENGINEERS
STUART REGULATORY OFFICE
z16 ATLANTA AVENUE
STUART, FLORIDA 34994
July 30, 2003
Regulatory Division
South Permits Branch
199507875(IP-TKW.)
Pelican Pointe West Associates, Limited
C/o C&N Envi ronmental 'Consultants, Incorporated
Attention: Ms. Freda Posin
612 North Orange Avenue, Suite A-10
Jupiter, Florida 33458
Gentlemen:
Htiu U
I
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NASGra.
j
Reference your request received on September 14, 2001, in
which you asked to modify Department of the Army'permit number
199507875(IP-TKA) issued on December 19, 2000. The permit
authorized the construction of'a nine -lot residential 'development
known as Pelican Pointe. The project is. located on the Indian
River Lagoon in Section 22, Township 36 south, Range 41 east, St.
Lucie County, Florida.
The original permit authorized placement of fill over 0.74
acre of wetlands for residential development and installation of
riprap for shoreline stabilization. The modification includes
constructing a nine -slip multi -family dock. The impacts of the
modification on the environment and navigation have been
evaluated and found to be insignificant.' The permit is hereby
modified in accordance with your request and the following
special condition:
1. Turbidity screens shall be installed to completely
surround and isolate the work from adjacent waters until
turbidity has settled.
2. The dock shall be constructed in accordance with the
attached Dock Construction Guidelines dated August 2001.
3. The access walkway, terminal platform, and finger piers
shall be constructed of light transmitting materials.
4. A minimum one -inch spacing shall be maintained between
all wooden deckboards used waterward of the mean low water line..
I
RUG-04-2003 09:44
r
P.03
-2-
S. The permittee shall adhere to the attached Standard
Manatee Construction Conditions,
6. As mitigation for shading impacts to seagrass, the
permittee shall create a 56-foot by 8-foot rock crib containing
native limestone riprap with a minimum diameter of 24 inches,
held in place with cross beams to prevent movement of riprap
beyond the footprint of the terminal platform as shown on the
attached drawings. The permittee shall maintain, the rock crib
structure in perpetuity according to the permitted design.
7. Within 60 days of the authorized work and mitigation, the
attached Self -Certification Statement of Compliance must be
completed and submitted to the U.S. Army Corps of Engineers.
Mail the completed form to the Regulatory Division, Enforcement
Branch, Attention: .Me_ Ivette McGraw; Post Office Box 4970,
Jacksonville, Florida 32232-0019_
8. The permittee understands and agrees.that, if future
operations by the United States require the removal, relocation,
or other alteration of the structures or work herein authorized,
or.if,- in the opinion of the Secretary .of the Army or his
authorized representative, said structure or work shall cause
unreasonable obstruction to the free navigation of the navigable
waters, the permittee will be required, upon due notice from the
Corps of Engineers, to remove, relocate, or alter the structural
work or obstructions caused thereby, without expense to the
United States.
9. A conditioned water certification has been issued for the
project. The permittee shall comply with the conditions
specified in the certification as special conditions to this
permit. For your convenience, a copy of the certification is
attached.
All conditions of the original permit remain in effect. You
should attach this letter and the attached drawings to the
permit. If you have any questions regarding this letter,
a
AUG-04-2003 09:44
-3-
please contact Tori White at the letterhead address or by
telephone at 772-781-8085_
Sincerely,
for John R. Hall
Chief, Regulatory Division
Enclosures
Copy furnished:
CESAJ-RD-E/Ivette McGraw
Pelican Pointe West Associates, Ltd., 1645 Palm Beach Lakes
Blvd_, Suite 1200, West Palm Beach, FL 33401
I
2" x a' (P.T.)
6'- 0" MIN. HAND RAILING
TO W' I ROUTED
TO P
TOP OF PILE IS 8'-0" MAX. J
TO. BE CUT OFF 3/4:'
BELOW TOP OF HAND 2' x 6- (P.T.)
RAIL AT A 45' ANGLE RAILING (TYP.)
8-0 TIP WOOD PILE OYPJ
-Lg-7/8-
(TYP.)
J�21/r
DECKING PLANKSMa
MIN2. SPACING
2" x 8' (P.T.)
MARINE GRADE
STRINGERS
0 24- O.C. (lYP.) W1
,,,-2" x 10- (P.T) 24" SPLICE (MIN-)
BEAM (TYP.)
(2)-5/8"0 Bous W/
WASHERS AND NUTS
TO BE H.D. GALV. (TYP.)
M.H.EL - (+).70' M
EXIST. RIVER
BOTTOM
H.H.W. 0. 70r K G. V. a pq
KLV.
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TYPICAL CROSS SZ-CTIOJIV
N. T. S.
NOTE% HAND RAIL ON TERMINAL T TO BE IN LANDWARD SIDE ONLY
2"x 6' DECKING T13 BE SCREVED I[] STRINGERS VIC 2) 3- S. S. SCREWS EACH STRINGER.
SEc
TYYP PROJECT-. an Point
RAIG. I I West Association. LTD
IREV. IDAI DESCRIPTION By St. /-uc/e county, n
400 Roca Koca
von Seas
DATE 5 0 DRAW....
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TERMINAL PLATFORM AND MITIGATION DETAIL
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Attachment 7
�1
Application No. 010917-11
- Page 2 of 7
GENERAL CONDITIONS
1. All activities authorized by this permit shall be implemented as set forth in the plans, specifications and
performance criteria as approved by this permit. Any deviation from the permitted activity and the
conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373.
F.S.
2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall
be kept at the work site of the permitted activity. The complete permit shall be available for review at the
work site upon request by District staff. The permittee shall require the contractor to review the complete
permit prior to commencement of the activity authorized by this permit.
3• Activities approved by this permit shall be conducted in a manner which does not cause violations of State
water quality standards. The permittee shall implement best management practices for erosion and
pollution control to prevent violation of State water quality standards. Temporary erosion control shall be
implemented prior to and during construction, and permanent control measures shall be completed within 7
days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where
the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted
work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are
stabilized and vegetation has been established. All practices shall be in accordance with the guidelines
and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound
Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference
in Rule 40E-4.091, F.A.C. unless a project -specific erosion and sediment control plan is approved as part
of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee
shall correct any erosion or shoaling that causes adverse impacts to the water resources.
4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date
that this permit is issued. At least 48 hours prior to commencement'of activity authorized by this permit,
the permittee shall submit to the District an Environmental Resource Permit Construction Commencement
Notice Form Number 0960 indicating the actual start date and the expected construction completion date.
5. When the duration of construction will exceed one year, the permittee shall submit construction status
reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be
submitted the following June of each year.
S. Within 36 days after completion of construction of the permitted activity, the permitee shall submit a written
statement of completion and certification by a registered professional engineer or other appropriate'
individual as authorized by law, utilizing the supplied Environmental Resource Permit Construction
Completion/Certification Form Number 0881. The statement of completion and certification shall be based
on onsite observation of construction or review of as -built drawings for the purpose of determining if the
work was completed in compliance with permitted plans and specifications. This submittal shall serve to
notify the District that the system is ready for inspection. Additionally, If deviation from the approved
drawings is discovered during the certification process, the certification must be accompanied by a copy of
the approved permit drawings with deviations noted. Both the original and revised specifications must be
clearly shown. The plans must be clearly labeled as "As -built' or "Record° drawing. , All surveyed
dimensions and elevations shall be certified by a registered surveyor.
The operation phase of this permit shall not become effective: until the permittee has complied with the
requirements of condition (6) above, and submitted a request for conversion of Environmental Resource
Permit from Construction Phase to Operation Phase, Form No: 0920; the District determines the system to
be in compliance with the permitted plans and specifications; and the entity approved by the District in
accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit
Applications within the South Florida Water Management District, accepts responsibility for operation and
maintenance of the system. The permit shall not be transferred to such approved_ operation and
maintenance entity until the operation phase of the permit becomes effective. Following inspection and
approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the
ii��
Appllcatlon No. 010917-11
Page 3 of 7
GENERAL CONDITIONS
approved. responsible operating entity if different from the permittee. Until the permit is transferred
pursuant to Section 40E-1.6107, F.A.C., the permittee shall be liable for compliance with the terms of the
permit.
8. Each phase or independent portion of the permitted system must be completed in accordance with the
permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located
within the area served by that portion or phase of the system. Each phase or independent portion of the
system must be completed in accordance with the permitted plans and permit conditions prior to transfer of
responsibility for operation and maintenance of the phase_ or portion of the system to a local govemment or
other responsible entity.
9• For those systems that will be operated or maintained by an entity that will require an easement or deed
restriction in order to enable that entity to operate or maintain the system in conformance with this permit,
such easement or deed restriction must be recorded in the public records and submitted to the District
along with any other final operation and maintenance documents required. by Sections 9.0 and 10.0 of the
Basis of Review for Environmental Resource Permit applications within the South Florida Water
Management District, prior to lot or units sales or prior to the completion of the system, whichever comes
first. Other documents concerning the establishment and authority of the operating entity must be filed with
the Secretary of State, county or municipal entities. Final operation and maintenance documents must be
received by the District when maintenance and operation of the system Is accepted by the local
government entity. Failure to submit the appropriate final documents will result in the permittee remaining
liable for carrying out maintenance and operation of the permitted system and any other permit conditions.
10. Should any other regulatory agency require• changes to the permitted system, the permittee shall notify the
District in writing of the changes prior to implementation so that a determination can be made whether a
permit modification is required.
11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district.
authorizations prior to the start of any activity approved by this permit. This permit does not convey to the
permittee or create in the permittee any property right, or any interest in real property, nor does it authorize
any entrance upon or activities on property which is not owned or controlled by the permittee, or convey
any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E-40,
F.A.C..
12• The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any
excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title
to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the
required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the
permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to
commencing activity on sovereignty lands or other state-owned lands.
13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies .
for a general permit pursuant to Subsection 40E-20.302(4), F.A.C., also known as the °No Notice" Rule.
14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities
which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment
or use of any system authorized by the permit.
15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application,
including plans or other supporting documentation, shall not be considered binding, unless a specific
condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise.
16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of
ownership or control of a permitted system or the real property on which the permitted system is located.
All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E-1.6105 and;
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is sl..
Application No. 010917-11
Page 4 of 7
GENERAL CONDITIONS
40E-1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that
may be required as a result of any violations prior to the sale, conveyance or other transfer of the system.
17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have
permission to enter, inspect, sample and test the system to insure conformity with the plans and
specifications approved by the permit.
18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall
immediately notify the appropriate District service center.
19. The permittee shall immediately notify the District in writing of any previously submitted information that is
- later discovered to be inaccurate.
Application No. 010917.11
Page 5 of 7
SPECIAL CONDITIONS
1 • The construction phase of this permit shall expire on March 31, 2008.
2. Operation of this facility shall be the responsibility of the permittee. Prior to transfer of title for any portion
of the project to a third party modification of the permit will be required to verify continued compliance with
General Condition No. 8.
3. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems
that result from the construction or operation of this facility.
4. Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not
occur in the receiving water.
5. The District reserves the right to require that additional water quality treatment methods be incorporated
into the drainage system if such measures are shown to be necessary.
6. Docking facilities or other shoreline structures other than those stated herein shall not be constructed
without an approved modification of this permit and propietary conservation easement (see Exhibit 9).
7. A stable, permanent and accessible elevation reference shall be established on or within one hundred
(100) feet of all permitted discharge structures no later than the submission of the certification report. The
location of the elevation reference must be noted on or with the certification report.
e. No later than December 15, 2003 and within 30 days of initiating construction activities, the permittee shall
submit a recorded copy of the proprietary conservation easement to the District's Environmental Resource
Compliance staff in the Martin/St. Lucie Service Center and to the Florida Department of Environmental
Protection, Bureau of Submerged Lands and Environmental Resources in Tallahassee (FDEP) for
placement in the lease file. The recorded easement shall be in conformance with Exhibit No.
9. Any proposed modifications to the approved form must receive prior written consent from the District
and from the FDEP.
The easement shall be free of encumbrances or interests which the District and/or FDEP determines are
contrary to the intent of the easement. In the event that it is later determined that there are encumbrances
or interests in the easement which the District and/or FDEP determines are contrary to the intent of the
easement, the permittee shall be required to provide release or subordination of such encumbrances or
interests.
If the project for which this permit was obtained will not be accomplished for any reason, then pursuant to
the provision of section 704.06(4), f.s., the conservation easement shall be released by the grantee. In
order to receive such a release of the conservation easement, the permittee must show that the following
conditions have been met:
a. the permit is no longer required or has expired; and
b. none of the authorized work has occurred.
The permittee must waive, in writing, all rights under the permit in exchange for the release. The release
will be effected as part of the surrender. The release shall be provided in recordable form. .
9• No construction associated with the proposed new docking facilities described by this permit may
commence until a sovereign submerged lands lease, which is authorized by the Governing Board, has
been issued by the Florida Department of Environmental Protection.
10. Prior to initiating construction activities, the permittee shall provide to the District the fully executed and
recorded homeowners association and plat amendments depicted in Exhibits 10 and 11 to this staff report.
Such documents must provide common property access to the docking facility for all lot owners, contain
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Application No. 010917-11
Page 6 of 7
SPECIAL CONDITIONS
or refer to the boat draft restrictions required by this permit, and depict and describe restrictions of the
propietary conservation easement (Exhibit 9).
11. The access pier surface shall be constructed of the grid material specified in Exhibit 4, or with equivalent
or greater light transference.
12. Boat mooring at the docking facilities shall be limited to no more than a total of 9 vessels and shall be
limited to vessels with drafts that provide clearance of at least one foot above the top of seagrasses at all
times while mooring at the docking facility; in accordance with Exhibit 7.
13. No fueling facilities shall be installed or operated on the docking facilities that are authorized herein for the
life of the facility:
14. No liveaboards shall be allowed to dock at the docking facilities authorized by this permit for the fife of the
facility. A liveaboard shall be defined as a vessel docked at the facility that is inhabited by a person or
persons for any two consecutive days or a total of seven days within a 30 day period.
15. No mooring shall be permitted on the landward side of the terminal platform, or on the south side of the
southernmost finger pier, or along the access pier. The permittee shall construct and maintain handrails
Within these areas of the docking facility to prevent additional boat mooring (also see Exhibit 3).
16. The docking facilities authorized by this permit are for the private use of residents of the Pelican Pointe
West development. The permittee shall ensure that the docking facilities are not subleased for revenue
generating or liveaboard purposes.
17. The permittee shall instruct all personnel associated with the project of the potential presence of
manatees and the need to avoid collision with manatees. All construction personnel.are responsible for
observing water -related activities for the presence of manatee(s).
The permittee shall advise all construction personnel that there are civil and criminal penalties for
harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of
1972, the Endangered Species Act of.1973, and the Florida Manatee Sanctuary Act.
Siltation barriers shall be made of material in which manatees cannot become entangled, are properly
secured, and are regularly monitored to avoid manatee entrapment. Barriers must not block manatee
entry to or exit from essential habitat.
All vessels associated with the construction project shall operate at "no wake/idle" speeds at all times
while In the construction area and while in water where the draft of the vessel provides less than four -foot
clearance from the bottom. All construction vessels shall follow routes of deep water whenever possible.
If manatees are seen within 100 yards of the active daily construction/dredging operation or vessel
movement, all appropriate'precautions shall be implemented to ensure protection of the manatees. These
precautions shall include the operation of all moving equipment no closer than 50 feet of a manatee.
Operation of any equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of
that equipment. Activities will not resume until the manatee has departed the project area of its own
volition.
Any collision with and/or injury to a manatee shall be reported immediately to the Florida Marine Patrol at
1-800-dial-fmp (1-800-342 5367). Collision and/or injury should also be reported to the U.S. Fish and
Wildlife Service in Vero Beach (1-407-562-3909).
Temporary signs concerning manatees shall be posted prior to and during all construction/dredging
activities. All signs are to be removed by the permittee upon completion of the project. A sign measuring
at least three (3) feet by four (4) feet which reads "Caution: Manatee Area" will be posted in a location
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Applicallon No. 010917-11
Page 7 of 7._
SPECIAL CONDITIONS
prominently visible to water related constuction crews. A second sign should be posted if vessels are
associated with the construction, and should be placed visible to the vessel operator. The second sign
should be at least 8 1/2 inches by 11 inches and should read "Caution: Manatee Habitat". Idle speed is
required If operating a vessel in the construction area. All equipment must be shutdown if a manatee
comes within 50 feet of operation. Any collision with and/or injury to a manatee shall be reported
immediately to the Florida Marine Patrol at 1-800-dial-fmp (1-800-342-5367). The U.S. Fish and Wildlife
Service should also be contacted in Vero Beach(1-561-562-3909)."
18. In order to provide protection to manatees during the operation of docking facilities, the permittee shall
install and maintain permanent manatee information and awareness signs (Exhibit 8) to increase boater
awareness of the presence of manatees, and of the need to minimize the threat of boats to these animals.
The signs shall be installed prior to the facility opening and beginning operations. The signs shall be
replaced in the event the signs fade or become damaged, and shall be maintained for the I'Ife.of the facility
in a manner acceptable to the District. The number, type and procedure for sign installation shall be in
accordance with the Florida _Fish and Wildlife Conservation Commission's Bureau of Protected Species
Management document entitled "Permanent Manatee Signs", as shown on Exhibit 8G.
19. A mitigation program for Pelican _Pointe West docks shall be implemented in accordance with Exhibit No.
6. The permittee shall create a 56-foot by 8-foot rock crib, containing native limestone riprap with a
minimum diameter of 24 inches, held in place with cross beams to prevent movement of riprap beyond the
footprint of the terminal platform. Operation of this facility for dockage shall be prohibited until District
Environmental Resource Compliance staff inspect and approve the installation of the rock crib.
20. The permittee shall maintain the rock crib structure in perpetuity, according to the permitted design (Exhibit
21. Activities associated with the implementation of the mitigation, monitoring and maintenance plan(s) shall
be completed in accordance with the work schedule attached as Exhibit No. 25. Any deviation from these
time frames will require prior approval from the District's Environmental Resource Compliance staff. Such
requests must be made in writing and shall include (1) reason for the change, (2) proposed start/finish
and/or completion dates; and (3) progress report on the status of the project development or mitigation
effort.
r"
ENVIRONMENTAL RESOURCE PERMIT CHAPTER40E-4 (10/95)
40E-4.321 Duration of Permits
(1) Unless revoked or otherwise modified the duration of an environmental resource permit
issued under this chapter or Chapter 40E-40, F.A.C. is as follows:
(a) For a conceptual approval, two years from the date of issuance or the date specified as a
condition of the permit, unless within that period an application for an individual or standard general permit
is filed for any portion of the project. If an application for an environmental resource permit is filed, then
the conceptual approval remains valid until final action is taken on the environmental resource permit
application. If the application is granted, then the conceptual approval is valid for an additional two years
from the date of issuance of the permit Conceptual approvals which have no individual or standard general
environmental resource permit applications filed for a period of two years shall expire automatically at the
end of the two year period.
(b) For a -conceptual approval filed concurrently with a development of regional impact (DRI)
application for development approval (ADA) and a. local government comprehensive plan amendment, the
duration of the conceptual approval shall be two years from whichever one of the fallowing occurs at the
latest date:
1. the effective date of the local govemmenes comprehensive plan amendment
2. the effective date of the local government development order.
3. the date on which the District issues the conceptual approval, or
4. the latest date of the resolution of any Chapter 120.57, F.A.C., administrative proceeding
or other legal appeals.
(c) For an individual or standard general environmental resource permit, five years from the
date of issuance or such amount of time as made a condition of the permit
(d) For a noticed general permit issued pursuant to Chapter 40-E-400, FA.C., five years from
the date the notice of intent to use the permit is provided to the District
(2)(a) Unless prescribed by special permit condition, permits expire automatically according to
the timefames indicated in this rule. If application for extension is made in writing pursuant to subsection
(3), the permit shall remain in full force and effect until:
1. the Governing Board takes action on an application for extension of an individual permit,
or
2. staff takes action on an application for extension of a standard general permit.
(b) Installation of the project outfall structure shall not constitute a vesting of the permit
(3) The permit extension shall be issued provided that a permittee files a written request with
the District showing good cause prior to the expiration of the permit. For the purpose of this rule, good
cause shall mean a set of extenuating circumstances outside of the control of the pernittee. Requests for
extensions, which shall include documentation of the extenuating circumstances and how they have delayed
this project, will not be accepted more than 180 days prior to the expiration date.
(4) Substantial modifications to Conceptual Approvals will extend the duration of the
Conceptual Approval for two years from the date of issuance of the modification. For the purposes of this
section, the term "substantial modification" shall mean a modification which is reasonably expected to lead
to substantially different water resource or environmental impacts which require a detailed review.
(5) Substantial modifications to individual or standard general environmental resource permits
issued pursuant to a permit application extend the duration of the permit for three years from the date of
issuance of the modification. Individual or standard general environmental resource permit modifications do
not extend the duration of a conceptual approval.
(6) Permit modifications issued pursuant to subsection 40E-4.331(2)(b), F.A.C. (letter
modifications) do not extend the duration of a permit
(7) Failure to complete construction or alteration of the surface water management system
and obtain operation phase approval from the District within the permit duration shall require a new permit
authorization in order to continue construction unless a permit extension is granted.
Spedfic authority 373.044, 373.113 F.S. Law Implemented 373.413, 373.416, 373.419, 373.426 F.S. History —New 9-3-
81, Amended 1.31-82, 12-1-82, Formerly 16K-4.07(4), Amended 7-1-86, 4/20/94, 10-3-95
'�
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C
NOTICE OF RIGHTS
Section 120.569(1), Fla. Stat. (1999), requires that "each notice shall inform the recipient of any administrative hearing or
judicial review that is available under this section, s. 120.57, or s. 120.68; shall indicate the procedure which must be
followed to obtain the hearing or judicial review, and shall state the time limits which. apply." Please note that this Notice of
Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or
appropriate remedy. You may wish to consult an attorney regarding your legal rights.
Petition for Administrative Proceedings
1. A person whose substantial interests are
affected by the South Florida Water Management District's
(SFWMD) action has the right to request an administrative
hearing on that action. The affected person may request
either a formal or an informal hearing, as set forth below. A
point of entry into administrative proceedings is governed.
by Rules 28-106.111 and 40E-1.511, Fla. Admin. Code,
(also published as an exception to the Uniform Rules of
Procedure as Rule 40.E-0.109), as set forth below.
Petitions are deemed filed upon receipt of the original
documents by the SFWMD Clerk.
a. Formal Administrative Hearing: If a
genuine issue(s) of material fact is in dispute, the affected
person seeking a formal hearing on a SFWMD decision
which does or may determine their substantial interests
shall file a petition for hearing pursuant to Sections 120.569
and 120.57(1), Fla. Stat or for mediation pursuant to
Section 120.573, Fla. Stat. within 21 days, except as
provided in subsections c. and d. below, of either written
notice through mail or posting or publication of notice that
the SFWMD has or intends to take final agency action.
Petitions must, substantially comply with the requirements
of Rule 28-106.201(2), Fla. Admin. Code, a copy of the
which is attached to this Notice of Rights.
b. Informal Administrative Hearing: If there
are no issues of material fact in dispute, the affected
person seeking an informal hearing on a SFWMD decision
which does or may determine their substantial interests
shall file a petition for hearing pursuant to Sections 120.569
and 120.57(2), Fla. Stat or for mediation pursuant to
Section 120.573, Fla. Stat within 21 days, except as
provided in subsections c. and d. below, of either written
notice through mail or posting or publication of notice that
the SFWMD has or intends to take final agency action.
Petitions must substantially comply with the requirements
of Rule 28-106.301(2), Fla. Admin. Code, a copy of the
which is attached to this Notice of Rights.
c. Administrative Complaint and Order.
If a Respondent objects to a SFWMD Administrative
Complaint and Order, pursuant to Section 373.119, Fla.
Stat (1997), the person named in the Administrative
Complaint and Order may file a petition for a hearing no
later than 14 days after the date such order is served.
Petitions must substantially comply with the requirements
of either subsection a. or b. above.
d. State Lands Environmental Resource
Permit Pursuant to Section 373.427, Fla. Stat, and Rule
40E-1.511(3), Fla. Admin. Code (also published as an
exception to the Uniform Rules of Procedure as Rule 40E-
0.109(2)(c)), a petition objecting to the SFWMD's agency
action regarding consolidated applications for
Environmental Resource Permits and Use of Sovereign
Submerged Lands (SLERPs), must be filed within 14 days
of the notice of consolidated intent to grant or deny the
SLERP. Petitions must substantially comply with the
requirements of either subsection a. or b, above.
e. Emergencv Authorization and Order.
A person whose substantial interests are affected by a
SFWMD Emergency Authorization and Order, has a right
to file a petition under Sections 120.569, 120.57(1), and
120.57(2), Fla. Stat, as provided in subsections a. and b.
above. However, the person, or. the agent of the person
responsible for causing or contributing to the emergency
conditions shall take whatever action necessary to cause
immediate compliance with the'terms of the Emergency
Authorization and Order.
I. Order for Emergency Action: A person
whose substantial interests are affected by a SFWMD
Order for Emergency Action has a right to file a petition
pursuant to Rules 28-107.005 and 40E-1.611, Fla. Admin.
Code, copies of which are attached to this Notice of Rights,
and Section 373.119(3), Fla. Stat, for a hearing on the
Order. Any subsequent agency. action or proposed agency
action to initiate a formal revocation proceeding shall be
separately noticed pursuant to section g. below.
g. Permit Suscension, Revocation.
Annulment. and Withdrawal:. If the SFWMD issues an
administrative complaint to suspend, revoke, annul, or
withdraw a permit, the pennittee may request a hearing to
be conducted in accordance with Sections 120.569 and
120.57, Fla. Stat., within 21 days of either written notice
through mail or posting or publication of notice that the
SFWMD has or intends to take final agency action.
Petitions must substantially cwritply with the requirements
of Rule 28-107.004(3), Fla. Admin. Code, a copy of the
which is attached to this Notice of Rights.
2. Because the administrative hearing process
is designed to formulate final agency action, the filing of
a petition means that the SFWMD's final action may be
different from; the position taken by it previously.
Person whose substantial interests may be affected by
�� •�� j'� u Revised August, 2000
r�
any such final decision of the SFWMD shall have,
pursuant to Rule 40E-1.511(2), Fla. Admin. Code.(also
published as an exception to the Uniform Rules of
Procedure as Rule 40E-0.109(2)(c)),_ an additional 21
days from the date of receipt of notice of said decision to
request an administrative hearing. However, the scope. of
the administrative hearing shall be limited to the
substantial deviation.
3. Pursuant to Rule 40E-1.511(4), Fla. Admin.
Code, substantially affected persons entitled to a hearing
pursuant to Section 120.57(1), Fla. Stat, may waive their
right to such a hearing and request.an informal hearing
before the Governing Board pursuant to Section 120.57(2),
Fla. Stat, which may be granted at the option of the
Governing Board.
4. Pursuant to Rule 28-106.111(3), Fla. Admin.
Code, persons may file with the SFWMD a request for
extension of time for filing a petition. The SFWMD, for
good cause shown, may grant the extension. The request
for extension must contain a certificate that the petitioner
has consulted with all other parties, if any, concerning the
extension and that the SFWMD and all other parties agree
to the extension.
CIRCUIT COURT
5. Pursuant to Section 373.617, Fla. Stat., any
substantially affected person who claims that final agency
action of the SFWMD relating to permit decisions
constitutes an unconstitutional taking of property without
just compensation -may seekjudicial review of the action in
circuit court by filing a civil action in the circuit oourt•in the
judicial circuit in which the affected property is located
within 90 days of the rendering of the SFWMD's final
agency action.
6. Pursuant to Section 403.412, Fla. Stat, any
citizen of Florida may bring an action for injunctive relief
against the SFWMD to compel the SFWMD to enforce the
laws of Chapter 373, Fla. Stat, and Title 40E, Fla. Admin.
Code. The complaining party must file with the SFWMD
Clerk a verged complaint setting forth the facts upon which
the complaint is based and the manner in which the
complaining party is affected. If the SFWMD does not take
appropriate action on the complaint within 30 days of
receipt, the complaining arty may then file a civil suit for
injunctive relief in the 15 Judicial Circuit in, and for Palm
Beach County or circuit court in the county where the
cause of action allegedly occurred.
7. Pursuant to Section 373.433, Fla. Stat., a
private citizen of Florida may file suit in circuit court to
require the abatement of any stormwater management
system, dam, impoundment, reservoir, appurtenant work or
works that violate the provisions of Chapter 373, Fla. Stat.
DISTRICT COURT OF APPEAL
8. Pursuant to Section 120.68, Fla. Stat., a party
who is adversely affected by final SFWMD action may
seek judicial review of the SFWMD's final decision by filing
a notice of appeal pursuant to Florida Rule of Appellate
Procedure 9.110 in the Fourth District Court of Appeal or in
the appellate district where a party resides and filing a
second copy of the notice with the SFWMD Clerk within 30
days of rendering of the final SFWMD action.
LAND AND WATER ADJUDICATORY COMMISSION
9. A party to a "proceeding below" may seek
review by the Land and Water Adjudicatory Commission
(FLAWAC) of SFWMD's final agency action to determine If
such action is consistent with the provisions and purposes
of Chapter 373, Fla. Stat Pursuant to Section 373.114,
Fla. Stat, and Rules 42-2.013 and 42-2.0132, Fla. Admin.
Code, a request for review of (a) an order or rule of the
SFWMD must be filed with FLAWAC within 20 days after
rendition of the order or adoption of the rule sought to be
reviewed; (b) an order of the Department of Environmental
Protection (DEP) requiring amendment or repeal of a
SFWMD rule must be filed with FLAWAC within 30 days of
rendition of the DEP's order, and (c) a SFWMD order
entered pursuant to a formal administrative hearing under
Section 120.57(1), Fla. Slat, must be filed no later than 20
days after rendition of the SFWMD's final order.
Simultaneous.with filing, a copy of the request for review
must be served on the DEP Secretary, any person named
in the SFWMD or DEP final order, and all parties to the -
proceeding below. A copy, of Rule 42-2.013, Fla. Admin.
Code is attached to this Notice of Rights.
PRIVATE PROPERTY RIGHTS PROTECTION ACT
10. A property owner who alleges a specific action
of the SFWMD has inordinately burdened an existing use
of the real property, or a vested right to a specific use of
the real property, may file a claim in the circuit court where
the real property is located within 1 year of the SFWMD
action pursuant to the procedures set forth in Subsection
70.001(4)(a), Fla. Stat.
LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION
11. A property owner who alleges that a SFWMD
development order (as that term is defined in Section
70.51(2)(a), Fla. Stat. to include permits) or SFWMD
enforcement action is unreasonable, or unfairly burdens
the use of the. real property, may file a request for relief
with the SFWMD within 30 days of receipt of the SFWMD's
order or notice of agency action pursuant to the procedures
set forth in Subsections 70.51(4) and (6), Fla. Stat.
MEDIATION
12. A person whose substantial interests are,
or may be, affected by the SFWMD's action may choose
mediation as an alternative remedy under Section 120.573,
Fla. Stat. Pursuant to Rule 28-106.111(2), Fla. Admin.
-Code,, the petition for mediation shall be filed within 21
da srof either written notice through mail or posting or
.�,' ' '1 ;j •il �1,� .�,:�i� Revised August, 2000
publication of notice that the SFWMD has or intends to
take final agency action. Choosing mediation will not affect
the right to an administrative hearing if mediation does not
result in settlement.
Pursuant to Rule 28-106.402, Fla. Admin. Code, the
contents of. the petition for mediation shall contain the
following information:
(1) . the name, address, and telephone
number of the person requesting mediation and that
person's representative, if any;
(2) a statement of the preliminary agency
action;
(3) an explanation of how the person's
substantial interests will be affected by the agency
determination; and
(4) a statement of relief sought
As provided in Section 120.573, Fla. Stat (1997), the
timely agreement of all the parties to mediate will toll the
time limitations imposed by Sections 120.569 and 120.57,
Fla. Stat, for requesting and holding an administrative
hearing. Unless otherwise agreed by the parties, the
mediation must be concluded within 60 days of the
execution of the agreement If mediation results in
settlement of the dispute, the SFWMD must enter a final
order incorporating the agreement of the parties. Persons
whose substantial interest will be affected by such a
modified agency decision have a right to petition for
hearing within '21 days of receipt of the final order in
accordance with the requirements of Sections 120.569 and
120.57, Fla. Stat, and SFWMD Rule 28-106.201(2), Fla.
Admin. Code. If mediation terminates without settlement of
the dispute, the SFWMD shall notify all parties in writing
that the administrative hearing process under Sections
120.569 and 120.57, Fla. Start, remain available for
disposition of the dispute, and the notice will specify the
deadlines that then will apply for challenging the agency
action.
VARIANCES AND WAIVERS
13. A person who is subject to regulation
pursuant to a SFWMD rule and believes the application of
that rule will create a substantial hardship or will violate
principles of fairness (as those terms are defined in
Subsection 120.542(2), Fla. Stat.) and can demonstrate
that the purpose of the underlying statute will be or has
been achieved by other means, may file a petition with the.
SFWMD Clerk requesting a variance from or waiver of the
SFWMD rule. Applying for a variance or waiver does not
substitute or extend the time for filing a petition for an
administrative hearing or exercising any other right that a
person may have concerning the SFWMD's action.
Pursuant to Rule 28-104.002(2), Fla. Admin. Code, the
petition must include the following information:.
(a) the caption shall read:
Petition for (Variance from) or (Waiver of) Rule (Citation)
(b) The name, address, telephone number
and any facsimile number of the petitioner;
(c) .The name, address telephone number
and any facsimile number of the attorney or qualified
representative of the petitioner, (if any);
(d) the applicable rule or,portion of the rule;
(e) the citation to the statue the rule is
implementing;
(f) the type of action requested;
(9) the specific facts that demonstrate -a
substantial hardship or violation of principals of faimess
that would justify a waiver or variance for the petitioner,
(h) the reason why the variance or the waiver
requested would serve the purposes of the underlying
statute; and
(i) a statement of whether the variance or
waiver is permanent or temporary, If the variance or
waiver is temporary, the petition shall include the dates
indicating the duration of the requested variance or waiver.
A person requesting an emergency variance from or
waiver of a SFWMD rule must clearly so state in the
caption of the petition. In addition to the requirements of
Section 120.542(5), Fla. Stat pursuant to Rule 28-
104.004(2), Fla. Admin. Code, the petition must also
include:
a) the specific facts that make the situation an
emergency; and
b) the specific facts to show that the petitioner will
suffer immediate adverse effect unless the -variance or
waiver is issued by the SFWMD more expeditiously than
the applicable timeframes set forth in Section 120.542, Fla.
Stat.
WAIVER OF RIGHTS
14. Failure to observe the relevant time
frames prescribed above will constitute a waiver of such
right
28-106.201 INITIATION OF PROCEEDINGS
(INVOLVING DISPUTED ISSUES OF MATERIAL FACT)
(2) All petitions filed under these rules shall contain:
(a) The name and address of each agency affected
and each agency's file or identification number, if known;
(b) The name, address, and telephone number of the
petitioner, the name, address, and telephone number of
the petitioner's representative, if any, which shall be the
address for service purposes during the course of the
proceeding, and an explanation of how the petitioner's
substantial interests will be affected by the agency
determination;
(c) A statement of when and how the petitioner
received notice of the agency decision;
(d) A statement of all disputed issues of material fact
If there are none, the petition must so indicate;
(e) A concise statement of the ultimate facts alleged,
as well as the rules and statutes which entitle the petitioner
to relief; and
fl A -demand for rel efi ;'
�:Jj 'i_i' Revised August, 2000
28-106.301 INITIATION OF PROCEEDINGS
(NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT)
(2) All petitions filed under these rules shall contain:
(a) The name and address of each agency affected
and each agency's file or identification number, if known;
(b) The name, address, and telephone number of the
petitioner, the name, address, and telephone number of
the petitioner's representative, if any, which shall be the
address for service purposes during the course of the
proceeding, and an explanation of how the petitioner's
substantial interests will be affected by the agency
determination;
(c) A statement of when and how the petitioner
received notice of the agency decision;
(d) A concise statement of the ultimate facts alleged,
as well as the rules and statutes which entitle the petitioner
to relief; and
(e) A demand for relief.
28407.004 SUSPENSION, REVOCATION, ANNULMENT,
OR WITHDRAWAL
(3) Requests for hearing filed in accordance with this
rule shall include:
(a) The name and address of the party making the
request, for purposes of service;
(b) A statement that the party is requesting a hearing
involving disputed issues of material fact, or a hearing not
involving disputed issues of material fact; and
(c) A reference to the notice, order to show cause,
administrative complaint, or other communication that the
party has received from the agency.
42-2.013 REQUEST FOR REVIEW PURSUANT TO
SECTION 373.114 OR 373.217
(1) In any proceeding arising under Chapter 373, F.S.,
review by the Florida Land and Water Adjudicatory
Commission may be initiated by the Department or a party
by filing a request for such review with the Secretary of the
Commission and serving a copy on any person named in
the rule or order, and on all parties to the proceeding.
which resulted in the order sought to be reviewed. A
certificate of service showing completion of service as
required by this subsection shall be a requirement for a
determination of sufficiency under Rule 42-2.0132. Failure
to file the request with the Commission within the time
period provided in Rule 42-2.0132 shall result in dismissal
of the request for review.
(2) The request for review shall identify the rule or order
requested to be reviewed, the proceeding in which the rule
or order was entered, and the nature of the rule or order. A
copy of the rule or order sought to be reviewed shall be
attached.. The request for review shall state with
particularity:
(a) How the order or rule conflicts with the
requirements, provisions and purposes of Chapter 373,
F.S., or rules duly adopted thereunder,
(b) How the rule or order sought to be reviewed
affects the interests of the party seeking review;
(c) The oral or written statement, swam or unsworn,
which was submitted to the agency concerning the matter
to be reviewed and the date and location of the statement,
if the individual or entity requesting the review has not
participated in a proceeding previously instituted pursuant
to Chapter 120, F.S., on the order for which review is
sought;
(d) If review of an order is being sought, whether and
how the activity authorized by the order would
substantially affect natural resources of statewide or
regional significance, or whether the order raises issues of
policy, statutory interpretation, or rule interpretation that
have regional or statewide significance from a standpoint
of agency precedent, and all the factual bases in the
record which the petitioner claims support such
determination(s); and
(e) The action requested to be taken by the
Commission as a result of the review, whether to rescind or
modify the order, or remand the proceeding to the water
.management district for further action, or to require the
water management district to initiate rulemaking to adopt,
amend or repeal a rule.
28-107.005 EMERGENCYACTION
(1) If the agency finds that immediate serious danger
to the public health, safety, or welfare requires emergency
action, the agency shall summarily suspend, limit, or
restrict a license.
(2) the 14-day notice requirement of Section
120.569(2)(b), F. S., does not apply and shall not be
construed to prevent a hearing at the earliest time
practicable upon request of an aggrieved party.
(3) ' Unlessotlrerwise provided by law, within 20 days
after emergency action taken pursuant to paragraph (1) of
this rule, the agency shall initiate a formal suspension or
revocation proceeding in compliance with Sections
120.569. 120.57. and 120.60, F.S.
40E-1.611 EMERGENCYACTION
(1) An emergency exists when immediate action is
necessary to protect public health, safety or welfare; the
health of animals, fish or aquatic life; the works of the
District; a public water supply, or recreational, commercial,
industrial, agricultural or other reasonable uses of land and
water resources.
(2) The Executive Director may employ the resources
of the District to take whatever remedial action necessary
to alleviate the emergency condition without the issuance
of an emergency order, or in the event an emergency order
has been issued, after the expiration of the requisite time
for compliance with that order.
ems.^- .,_ � ail '�'•`
Revised August, 2000
Last Date For Agency Action: 09-MAR-2003
GENERAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT
Project Name: Pelican Pointe West Multi -Slip Docking Facility
Permit No.: 56-01328-P
Application No.: 010917-11
Application Type: Environmental Resource (General Permit Modification)
Location: St Lucie County, S22/T36S/R41 E
Permittee : Pelican Pointe West Assoc Ltd
Operating Entity
Project Area: .19 acres
Project Land Use: Recreational
Receiving Body: INDIAN RIVER
Special Drainage District: NA
Total Acres Wetland Onsite:. .08
Total Acres Wetland Preserved Onsite: .00
Total Acres Impacted Onsite: .08
Conservation Easement To District: Yes
Number Of Boat Slips: 9
Sovereign Submerged Lands: Yes Type: Lease
PRO;f,Et'.T�Ulairt3S �7N.�+ `i—+�n,y , �{�:� f�4 4r �}s."a�%.��wk`� .��'! , �k4t. I �±•,f ! +v
Modification of an Environmental Resource Permit to authorize construction and operation of a multi-
family dock to serve a previously authorized residential project known as Pelican Pointe West.
Also, authorization of a Private Sovereign Submerged Lands Lease for a 9-slip multi -family docking facility
pre-empting 8303 square feet, more or less, of sovereign submerged lands.
Staff recommends approval with conditions.
App.no.: 010917.11 Page 1 of 6
PROJECT EVALUATION:
The site is located south of Herman Bay in the Indian River Lagoon, adjoining an upland development on
South Hutchinson Island, in St. Lucie County (see Exhibit 1). There are no facilities within the project area,
which contains a diverse seagrass community.
The applicant's adjoining upland property contains a permitted development currently under construction
known as Pelican Pointe West (Permit No. 56-01328-P). The existing permit for the upland parcel
authorizes the construction of a nine -lot residential subdivision, with water treatment provided in a wet
detention area constructed landward of existing mangroves. The subdivision permit requires preservation
and enhancement of the mangroves and adjacent upland hammock
.. ,
The applicant proposes to construct a 9-slip multi -family dock to serve a previously authorized 9-lot
subdivision on the adjoining uplands. The access pier will extend 400 feet from the shoreline (Exhibit 2) at
a height of 5 feet above mean high water (Exhibit 3).
No adverse water quality impacts are anticipated as a result of the proposed project. The permittee will
be responsible for insuring that water quality standards are not violated during construction of this project
(Special Condition No. 4).
The site contains a diverse cover of seagrasses, including manatee grass (Syringodium filforme), shoal
grass (Halodule wrightki), paddle grass (Halophila decipiens), and Johnson's seagrass (Halophila
johnsonii). The total areal coverage of these species ranges from 50% to 75% in a band that starts
approximately 50 feet from the shore and extends to approximately 460 feet from the shore, based on
information submitted by the applicant and verified by staff (see Exhibits 5 and 19).
The applicant's proposed design minimizes seagrass impacts to the greatest extent practicable, and
provides mitigation for unavoidable seagrass impacts.
Wetland Impacts:
Shading impacts to seagrasses will be minimized by constructing the access pier at least five feet above
mean high water (Exhibit 3), with the deck constructed of polyethylene grid material (Exhibit 4). The
applicant's initially proposed design included pressure -treated wood decking, with less light transference
than the grid material.
The access pier proposed by the applicant is 400 feet long, in order to avoid terminating in dense
seagrass communities and to provide sufficient clearance between seagrasses and the bottom of moored
boats (Exhibit 7). The applicant's previous designs included an access pier of 250 feet to 320 feet.
Lengthening of the access pier beyond 400 feet would result in this project exceeding the 10:1 maximum
ratio for square footage of pre-empted submerged lands compared to the applicant's riparian waterfront
footage (Subsection 18-20.004(5)(c)l, FAC). In addition, the applicant proposes to install electronic lifts at
each slip (Exhibit 3B). Handrails will be constructed along both sides of the access pier for safety and to
prevent mooring along the pier (see Exhibit 3 and Special Condition No. 15).
App.no.: 010917.11
Page 2 of 6 1,'
OWNERS) OFLAND
ENTT<TYTO RECEIVE PERMIT (IF OTHER
TITAN OWNER)
NAME: WilliamandBarbaraSavastano
NAME:
ADDRESS: 9 2 St
ADDRESS.
CITY, STATE, ZIP Butler, Ncw, Jersey 07405
CITY, STATE, ZIP
COMPANYAND TITLE
COMPANY AND TITLE
TELEPHONE (973) 938-5712
'1 PHONE ( )
FU ( N/A )
FAX ( )
AGENT AUTHORIZED TO SECURE PERMIT
CON=TANT (IF.DIFFERENT FROM
(IFAN AGENT IS USED)
AGENT)
NANO Dotitenick R. Lioce
NAME Cheryl M. Qxpeater
COMPANYAND TfII.E Pelican Pointe West
COMPANY AND TITLB
Associates, Ltd.
C&NEftvironmmtalConm dbn s, lac.
ADDRESS 1645 PaimBeach Lakes, Blvd., Suite
ADDRESS 612 N. Orange Ave.; Suito A-10
1200
CfIY, STATE, ZIP West Palm Beach, FL 33401
CITY, STATE; ZIP Iapiter, FL 33458
TELEPHONE ( 561) 686.3307
TELEPHONE (561) 744-7420
FAX 561 686-W2
FAX 561 744-2997 -
Naroe ofproject, Including phase if applicable Modification ofPemA to construct a 9 Slip multi-revideatial
Docking FaejWisth gplicationfor port ofanadti-phaseprgeet? yes Xao
Total applicant -owned area contiguous to the prgeet4.43 an
Total project area forvA," a peamit is sought2925 sq. S. or 0.07 as
Impervious area for whinit apem t is sought 0/00 ac
What is the total arcr (mehio equivalent for federally fended projects) of work in, on, or over wetlands or other
surface waters?
0.07 acm'2925 square feet hectares square meters
Number ofnewboat slips proposed. 9
Project location use additional s ( beets. ifaeeded)
Cotatty(ies) St Lucie County
Sections) 22 Township 36S Range 41E`1-
Land Grant name, if applicable N/A
Tax Parcel Identification Nmmber
Street address, road, or other location No address has beta assigned
City, Zip Code ifapplicaUle I
4 ;-
791
TITir .n..•n •n... r... s � �.n.�
'Ibi b8G S442 P.09
i
By signing this application farm I am applying, or I am applying on behalf of the applicant, for the permit and any
proprietary authorizations identified above, according to the supporting data and other incidental information filed
wirh this application. I am faratliar with the information contained in this application and represent that such
information is true, complete and accurate. I understand this is an application and not permit, and that work prior to
approval is a violation. I understand that this application and any perutit issued or proprietary anthorizatioa issued
pursuant thereto, does not relieve me of nay obligation for obtaining any other required federal, state, water
management district or local permit prior to commencement of eonstmctioa I agree, or I agree on behalf' of my
corporation, to operate and mafnraf t the permitted system unless the permitting agency authorizes transfer of the
permit to a msponsrble operation entity. I undetstand that knowingly maU�g any false statement or representation in
this application is a violation of Section 373.430, F.S. and I8 U.S.C. Section 1001.
Typed/Frurted Name of Applicant (Ifne Agent is used) or Agent (If one is so wthodzcd below)
Signature of Applicant/Agent Aare
ANAGGI NNTMAY SIGN ABOVE ONLYIV THE APPLICANT COMPLETES TEMFOLLOWING:
I hereby designate and authorize the agent listed above to ad on may behalf; or on behalf of my corporation, as the
Agent is the processing of this application for the permit and/or prapdetsry autbolization indicated above, and to
Danish, on request supplemental information in support of the application. In addition, I authorize the above -listed
agent to bind me, of my corporation, to perform any requirement which may be necessary to procmre.the permit or
authorization indicated above. I understand that knowingly making any false statement Or.repr cxfttioa in this
application is a violation ofSect on 373.430, F.S. and 18 U.S.e. $ami 1001.
Date
iypeaYrintedName ofAppScant of Applicant to
Plc s- `note;; The Nnnlleant:g�al et MAlr>! evl is rneLre 1
•!C`1 t 'trl p1 •fir( 1:�1\�',° 5{
V�^;.ti1,�h:1 1�'�_� :a.�ij 11•w� 1C� ail
PERSON AUMORMNG ACCESS TO THE PROPER9'YMUST COTE TIM FOLLQ
I either own the property described in this application or I lave legal authority to allow access to the property, and I
consent, after receiving prior notificatioq to any site visit on the property by agents or personnel frost the
Department of Envir0==tal protection, the Water Management District and the U.S. Army Corps of Engineers
necessary for the review and faspecdoa of the proposed project specified in this application. I authorize these agents
or personnel to enter the Property as many times as may be necessary to make such review and, inspection Further, I
agrreeeed. tto provide entry to the project site for such agents or personnel to monitor pennitted work if a permit is
TypedlTrinted Name
4
F
Exhibit 14
Applicant and consultant contact information
r. .
Sovereign Submerged Lands Lease Application Information
Application for lease shall include the following:
1. Applicant information: name, address, and telephone number of applicant and
applicant's agent.
Applicant:
Pelican Pointe West Associates, LTD. by Pelican Pointe West,
Inc.- General Partnership
Attn: DomenickLioce
1645 Palm Beach Lakes Blvd, Suite 1200
West Palm Beach, FL 33401
(561) 686-3307
Applicant's Agent:
C&NEnvironmental, Inc.
Attn: Freda Posin
612 North Orange Ave., Suite. A-10
Jupiter, FL 33458
(561) 744-7420
2. Location of the proposed activity: county; section, township and range; affected
waterbody; USGS quadrangle map.
Location: St. Lucie County; 522, T36, R41; Indian River (see Exhibit 1).
3. Evidence of title in applicant's riparian upland property.
Evidence of Title has been previously submitted as Attachment A to our response
dated January 15, 2002 to your request for additional informationdated October
17, 2001.
4. Signed and sealed survey including:
a)
necessary scale
b)
mean high water line
c)
shoreline vegetation
d)
proposed and existing structures
e)
upland parcel property lines
f)
primary navigation channels
g)
legal description.of preempted area to be leased
Please see Exhibit Z
5. List of names of addresses of property owners within a 500-foot radius of the
proposed lease area.
Please refer to Exhibit 3
6. Current local zoning and status of any local goverment approvals necessary for
activities.
Please refer to Exhibit 4.
7. Information required by Form 18-21.900(1), Billing Information Form, which
provides billing information; sales tax information; and other data required in
accordance with subsection 24.115(4), F.S.
Please refer to Exhibit S
8. Processing fee of $200.00
Please find enclosed a check in the amount of $200.00 forprocessing.
9. Total square footage of pre-empted sovereignty land to be leased.
The total pre-empted sovereignty land to be leased is 8,303 ft?
r-
Exhibit 15--Location maps
wi uao -44G r.be
g =B= A
(WEST)
Being a tract of land lying in Section 22, Township 36
South, Range 41 East, St. Luc.Ie County, Floridan BQ=ded
on the south by a line parallel with acid Sf767.86 feet
Iortherly (measured at right angles) from the South line
of Section 27, of said Township and Range; on the North
by a line parallel with and 61.323.74 feet Northerly
(measured at right angles) from the South line of said.
Section 27; on the West by the waters of the 3xidian
Riv-er, and on the East by the West. right-of-way line of
State Road A-1-A. -
ai\4427\e475\am•s27-Eas/ale
r—
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
3301 Gun Club Road, West Palm Beach, Florida 33406 - (561) 686-8800 - FL WAT91-800-432-2045 - TDD (561) 697-2574
Iviailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 - wwwzfwmd.gov
CON 24-06
February 25, 2003
Wolfgang Duren
Pelican Pointe East Ld Tr
9655 Blandford Rd
Orlando, FL 32827
PROPIErARY AUTHORIZATION NOTICE
Subject: Propietary Authorization Notice
Application No. 010917-11, Permit Mod. 56-01328-P, Pelican Pointe West
St. Lucie County, S22/T36S/R41E
Notice is hereby given pursuant to Section 253.115, Florida Statutes that the South Florida Water
Management District (SFWMD) has received an application for an Environmental Resource Permit
modification and a Propietary Authorization from Mr. Domenick Lioce, Pelican Pointe West
Associates, Ltd., 1645 Palm Beach Lakes Boulevard, Suite 1200, West Palm Beach, Florida 33401.
The application requests a submerged land lease for a .19 acre parcel (8303 square feet) appurtenant
to the applicants riparian ownership on the Indian River Lagoon, within the Jensen Beach to Jupiter
Inlet Aquatic Preserve, for the purpose of constructing one nine -slip dock and associated dolphin
pilings, as well as mitigation consisting of a rock crib structure under the terminal platform. The
multi -slip dock will be constructed for the private use of owners of the previously approved nine -lot
Pelican Pointe West subdivision. General project information is provided by the attached location
map and site plans.
Interested persons may comment upon the application or submit a written request for a copy of the
staff report by writing to the Environmental Resource Regulation Department of the SFWMD at the .
address on this letterhead. Any comments or requests must be received within 30 days after the date
of notice and must include the application number.
If you have any questions, please feel free to contact Ed Crouyn at 561-682-6946.
c rely,
Don Medellin, PW��
Senior Supervising Environmental Analyst
Natural Resource Management Division
DLM/ec
Attachments
CERTIFIED MAIL # 7002 2030 0006 4237 1591
ri
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1w
°aka
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a
,x
GOOErNTF G BOARD ECFCUM E OFF[CE
Trudi K. W'illiants, P.E., Oudr Michael Collins Patrick J. Gleason, Ph.D., P.O. Henry Dean. EanvHve Director
Lennart E. Lindahl, P.E., wire-natr Hugh M. English Nicolas J. Gutierrez, Jr., Esq.
a -9
IN
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a K
A
1Lccs 014
LEGEND
®PRE—EMPTNE AREA
= 8303 SQ. FT
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it , Pelican Pointe Drive Yt.
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SCALE 10= 100' Attachinent 3
0' 50' 100' 200,
rL k pelican Pointe Drive
5 rd
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SOUTH FLORIDA WATER MANL AGEMENT DISTRICT
3301 Gin Club Road, West Palm Beach Florida 33406 - (561) 686-8800 • FL WATS 1-800-432-2043 - 1DD (561) 697-25774
Mailing Address: P.O. Box 24680, West Palm Beach FL 3U164680 - i wivsfwmd.gov
CON 24-06 NOTICE OF CONSOLIDATED INTENT
March 5, 2003
Mr. Domenick R. Lioce
Pelican Pointe West Associates, Ltd
1645 Palm Beach Lakes Blvd, Ste 1200
West Palm Beach, Florida 33401
Subject: Notice of Consolidated Intent to Grant Authorization for
Application No. 010917-11, Permit Mod, 56-01328-P, Pelican Pointe West
St. Lucie County, S22IT36S/R41E
This letter hereby constitutes notice of intent to approve the application for the Environmental
Resource Permit modification and Proprietary Authorization referenced above. Final approval is
contingent upon no objection to the District's action being received by the District within the time
frames described below.
The District will request that the Department of Environmental Protection's Division of Submerged
Lands prepare the Private Lease instrument. A permit condition will prohibit construction on the
sovereign submerged lands until this instrument is executed to the satisfaction of the District. ..
You or any person whose substantial interests are affected by the District's action regarding a permit
may request an administrative hearing in accordance with Sections 120.569 and 120.57, Florida
Statutes (FS), and Chapter 28406, Florida Administrative Code (FAC), of the Uniform Rules of
Procedure.
Enclosed is a "Notice of Rights" that provides information regarding the rules, including petition
processes; for persons whose substantial interests may be affected by the District's action in this
matter. A request for hearing must be filed with the Clerk of the District at the address above within
1s no ce, pursuan o ectlon - . eceipt is deemed to be
the fifth day after the date on which this notice is deposited in the United States mail. Failure to file
a request for hearing within this time period shall constitute a waiver of any right you or such person
may have to request a hearing under Sections 120.569 and 120.57, FS and Rules 28-106.111 and
40E-1.511, FAC.
The enclosed draft staff report, including construction plans, will be a part of the permit, and
construction must be in accordance with these plans.. ,
it��'� �`'.� 4;� •�:� a
i.4•.
Got Esvt.\n &).aPD E a'M E OFFICE
u.:n:..... r. c ,-,.... \6r11n:d L :Alil�� Rarick I Gle-isun. P11.1)., P.G. H.•nry D,m, Fw,,Ci,r PircNr
r-
Domenick R. LiOce
RE: pelican Pointe West
March 4,2003
Page 2 of 2
If y . ou have any questions, please feel free to contact Ed Cronyn at 561-682-6946.
Si 71y,
. !j--L7 11-le. —
Don Medellin, PWS
Senior Supervising Environmental Analyst
Natural Resource Management Division
DLAVec
Attachments
CERTIFIED MAIL # 7002 2030 0006.4237 6626
Cc: Fr6da Posin ON Enviro-nm6dt)
Suzanne Tarr (Save the Manatee Club).
Wolfgang Duren
Waren Stanchinn
StephqnEarsley..
St. Lucie County
Ginn -La St. Lucie, LP
South Florida Water Management DISC'.
Mitigation Monitoring Work Schedule
Application No : 010917-11 _ Page 1 of 1
Plan ID : PELICAN POINTE WEST
Install and inspect dprap in accordance with Exhibit 6 15-DEC-2003
Submittal of recorded propietary shoreline easement 15-JAN-2004
Compliance inspection for sovereign submerged lands 14-FEB-2008
4.
rt
Its '���J •.�
Exhibit No: 25
Included with this letter/permit is a brochure from the Florida Department of
Environmental Protection (DEP) on nodda's National Pollutant Discharge Elimination
System (NPDES) program for construction activities. As the brochure indicates, the U.S.
Environmental Protection Agency authorized the DEP in October 2000 toimplement the
NPDES stormwater. permitting program in Florida. The District is assisting DEP by
distributing this information to entities which may be subject to regulation under the
NPDES program. No response to the District is required.
A "Generic Permit for Stormwater Discharge from Contraction Activities that Disrsb Five or
More Acres of Land" is required for a construction activity which contributes stormwater
discharges to surface waters of the State or into a municipal separa# ato, sewer system
and disturbs rive or more acres of land. A permit is required for less than five acres if the
activity is part of a larger common plan of development or sale that will meet or exceed the
five acre threshold.
The permit required under DEP's NPDES stormwater permitting program is separate from
the Environmental Resource Permit required by the District. Receiving a permit from the
District does not exempt you from meeting the NPDES program requirements.
If you have any questions on the NPDES program, there are DEP phone numbers,
.mailing addresses and internet web page addresses in the brochure. The DEP web site,
at www deo state fl us/water/stormwater/nodes/, provides information associated with
the NPDES program including all regulations and forms cited in the brochure.
r '
STAFF REPORT DISTRIBUTION LIST
PELICAN POINTE WEST MULTI -SLIP DOCKING FACILITY
Application No: 010917-11
Permit No: 56-01328-P
INTERNAL DISTRIBUTION
X Edward Cronyn - 4250
X Donald L. Medellin -4250
X D Loving - 6880
X Permit File
X S McNabb - 6880
EXTERNAL DISTRIBUTION
X Permittee - Pelican Pointe West Assoc Ltd
X Engr Consultant - C & N Environmental Consultants
Inc
GOVERNMENT AGENCIES
X City of Port St Lucie Planning Div
X Florida Department of Environmental Protection - Jeff
Beal
X Florida Fish & Wildlife Conservation Commission -
Bureau of Protected Species Mgmt
X Florida Fish and Wildlife Conservation Commission -
Carol Knox
X St Lucie County Engineer
X US Army Corps of Engineers - Tori White
OTHER INTERESTED PARTIES
X Environmental Resource Division - Anna Smith
X Save the Manatee Club - Suzanne Tarr
X Sierra Club -Central Florida Group
X Water Management Institute - Michael N. Vanatta
Aj
ar
SOUTH FLoRIDA WATER MANAGEMENT DISTRICT
3301 Gun Cluj Road, West Palm Beach, Florida 33406 FL WATS 1-800-432-2045 • TDD (5611 69i ,5i4
Mailing Addreta: P.O. Boy 246811, West Palm Beach: FL 3i416-1680 • ww%vsfwmd.gm•
CON 24 - 06
Environmental Resource Regulation Department
POST -CONSTRUCTION REQUIREMENTS
For projects remaining under single ownership
CONSTRUCTION COMPLETION I CONSTRUCTION CERTIFICATION
(Form No. 0881)
• For Environmental Resource / Surface Water Management Permits
• Submit within 30 days of construction completion
• A Florida registered professional engineer must certify that all surface water
management system facilities are constructed in substantial conformance with plans
and specifications approved by the District
• Required by Sections 373.117 and 373.419, Fla. Stat.
• If another certification form is used by the engineer, it must address all components of
the surface water management system
• Statement that all permit conditions are satisfied
-+ ,
(Rev 6/02).
ELEcom E OmcH
Trudi K, williams. RE_. C%,a:r %lichael Collin. Patricl. I. Gleason. Ph.D.. P.G. Henry vean. rurrnurr L 'inrn•
Lennart E. Lindahl, P.E.. 1 w, ?enr Hugh M. English \imld> I. Gutierrez. Jr.. Eq.
Pamela B1.... _Thi+ma, Gerard,, C Fernand;; Harkin r. Thornton
1 SOU�I'ng.JA WATER MANAGEMENT r1.�_ T
R
Environmental Resource/Surface Water Management Permit
' Construction CompletionlConstruction Certification
FORM 0881 -
ogns
TO: SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Environmental Resource Compliance Division
SUBJECT:
PERMIT NO.
PROJECT NAME: _
LOCATION: COUNTY
APPLICATION NO.
PHASE:
SEC /TWP/RGE
The subject surface water management system has been designed, constructed and completed as follows: (use
additional sheets if needed):
Completion Date: Month Day Year
Discharge Structure:
Weir Width
Bleeder Dimensions
Type
PERMITTED
Crest
Invert
Retention/Detention Area: if applicable)
ID ID
Size
Side Slopes
an
Size
Side Slopes
Width
Dimensions
ID
Size
.Side Slopes
(H:V) (H:V)
EXISTING
Crest
Invert
ID
Size
Side Slopes
(H:V)
Please indicate the location of the appropriate bench marks) used to determine the above information on the record
drawings (Reference 40E-4.391(1)(f), Florida Administrative Code). All elevations should be according to National
Geodetic Vertical Datum (NGVD) (Reference 2.9 of the Basis of Review for Environmental Resource Permit
Applications within the South Florida Water Management District).
I HEREBY NOTIFY THE DISTRICT OF THE COMPLETION OF CONSTRUCTION OF ALL THE COMPONENTS OF THE
SURFACE WATER MANAGEMENT FACIITTIES FOR THE ABOVE REFERENCED PROJECT AND CERTIFY THAT
THEY HAVE BEEN CONSTRUCTED IN SUBSTANTIAL CONFORMANCE WITH THE PLANS AND SPECIFICATIONS
PERMITTED BY THE DISTRICT. [A COPY OF THE APPROVED PERMIT DRAWINGS IS ATTACHED WITH
DEVIATIONS NOTED, IF APPLICABLE]. I HEREBY AFFIX MY SEAL THIS ----DAY OF_.
Engineer's Signature and Seal
Name (Please Print) FLA. Registration No.
{l a .......:._
f � `
SOUTH FLORIDA WATER. 11AANTAGEMENT DimicT
3301 Gun Club Road, West Palm Beach, Florida 3.3441f, • (?VI) hG,..g;M) • FL MATS 1 SOU 43 2045 • IDD (361) 1,9; 237, '.
Mailing Addre-,,e: P.O. Boz'_40% West Palm Peach, FL 334764,M rn,�a wynd.gov
CON 24 - 06
Environmental Resource Regulation Department
POST -CONSTRUCTION REQUIREMENTS
For projects requiring permit transfer to the operating entity
CONSTRUCTION COMPLETION / CONSTRUCTION CERTIFICATION
(Form No. 0881)
• For Environmental Resource / Surface Water Management Permits
• Submit within 30 days of construction completion
• A Florida registered professional engineer must certify that all surface water
management system. facilities are constructed in substantial conformance with plans
and specifications approved by the District
• Required by Sections 373.117 and 373.419, Fla. Stat.
• If another certification form is used by the engineer, it mutt address all components of
the surface water management system and state that the engineer has reviewed the.
permit and that the constructed system is in substantial.conformance with the plans
and specifications approved by the District.
REQUEST FOR CONVERSION OF ENVIRONMENTAL RESOURCE / SURFACE
WATER MANAGEMENT PERMIT FROM CONSTRUCTION PHASE TO OPERATION
PHASE AND TRANSFER OF PERMIT TO THE OPERATING ENTITY
(Form No. 0920)
• For Environmental Resource / Surface Water Management Permits
• Form must be completed and signed.by an authorized representative of the operating
entity
• Form must include all applications to be transferred
• Required enclosures (listed on. Form No. 0920) should be submitted at th a�ne tjrne, i;t r'
• Permit file must contain documentation that all applicable permit coriditlonlha've begin:.- U
satisfied. itt ~
AFFIDAVIT AND CHECKLIST FOR CONTENT OF ASSOCIATION DOCUMENTS IN
COMPLIANCE WITH SFWMD PERMITTING CRITERIA
• For Environmental Resource / Surface Water Management Permits
• Applies when a homeowner or property owner association, or master. association, is -the
proposed operating entity for a surface water management system
• Submittal of affidavit greatly facilitates the review of the permit transfer
• Provides reasonable assurance that the association meets minimum requirements of
Section 9.2, Basis of Review (BOR), to operate and maintain the surface water
management system (Rev 6/02)
GOVERNING BOARD EXECUTIVE OFFICE
Trudi K. William'. P.E., Clair Michael Collin Paui& J. Gleason. PhD.. P.G. Henn Dean. F_wcutier Oinctor
r F Liod.,hl. P.E.. Vicc-Pour Hurh M. English Nicolas J. Gutierrez,Jr., Es+
A� SOUTH € .3RIDA WAi ER [IAKAUF=ldkEI-iT Ub-zYL r._1
sEnvironmental Resource/Surface Water Management Permit
y Construction Completion/Construction Certification
FORM 0891
0105
TA: SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Environmental Resource Compliance Division
SUBJECT:
PERMIT NO APPLICATION NO.
PROJECT NAME: PHASE:
LOCATION: COUNTY SEC / TWP / RGE ' .
The subject surface water management system has been designed, constructed and completed as follows: (use
additional sheets if needed):
Completion Date: Month Day Year
Discharge Structure: PERMITTED EXISTING
Weir Width Crest Width Crest
Bleeder Dimensions Invert Dimensions Invert
Type
Retention/Detention Area: (if applicable)
ID ID ID ID
Size Size Size Size
Side Slopes Side Slopes Side Slopes Side Slopes
(H:V) (H:V) (H:V) (H:V)
Please indicate the location of the appropriate bench mark(s) used to determine the above information on the record
drawings (Reference 40E-4.381(l)(f), Florida Administrative Code). All elevations should be according to National
Geodetic Vertical Datum (NGVD) (Reference 2.9 of the Basis of Review for Environmental Resource Permit
Applications within the South Florida Water Management District).
I HEREBY NOTIFY THE DISTRICT OF THE COMPLETION OF CONSTRUCTION OF ALL THE COMPONENTS OF THE
SURFACE WATER MANAGEMENT FACILITIES FOR THE ABOVE REFERENCED PROJECT AND CERTIFY THAT
THEY HAVE BEEN CONSTRUCTED IN SUBSTANTIAL CONFORMANCE WITH THE PLANS AND SPECIFICATIONS
PERMITTED BY -THE DISTRICT. [A COPY OF THE APPROVED PERMIT DRAWINGS IS ATTACHED WITH
DEVIATIONS NOTED, IF APPLICABLE). I HEREBY AFFIX MY SEAL THIS _DAY OF_
Engineer's Signature and Seal
Name (Please Print) FLA. Registration No.
IS, y t� F, 1: •�' �� n'� ��� � � li
rr:
i
Application No(s).
Permit No.
Project Name:
AFFIDAVIT
on behalf of
in
capacity, hereby attest to the following pertaining to the above project:
(9.2.3, BOR) I attest that the Home or Property Owners' or Condominium or Community or Master -Association
has the following general powers and attributes set forth in the Articles of Incorporation or other documents on the
page numbers indicated: `
a. All the powers set forth in Section 617, Fla. Stat. Page no.
b. All the powers set forth in Section 716, Fla. Stat. Page no.
m
1. The power to:
a. own and convey property; Page no.
b. operate and maintain common property, spec'rficallythe surface water Page no.
management (SWM) as permitted by the SFWMD including all lakes, retention
areas, culverts and related appurtenances;
c. establish rules and regulations; Page no.
d. assess members and enforce assessments; Page no.
e. to sue and be sued; and Page no.
f. contract for services to provide for operation and maintenance services. I Page no.
2. All homeowners, lot owners, property owners, unit owners and golf course(s), if any I Page no.
are members of the Association.
3. The Association exists in perpetuity; however, if the Association is dissolved, the Page no.
property consisting of the surface water management system will be conveyed to an
appropriate agency of local government. If this is not accepted, then the surface
water management system will be dedicated to a similar non-profit corporation.
. I
t it . Vi u
�-
r,
(9.2.6, SOR) If the project is a phased, project or has independent associations, I further attest that the following
powers and duties are contained in the documents:
The (Master) Association has the power to accept into the association subsequent Page no.
phases, that will utilize the same SWM system; or
2. a. The documents provide that independent associations have the right to utilize the Page no.
permitted SWM system;
b. The documents delineate maintenance responsibilities between the independent I Page no.
associations;
c. Cross easements for drainage, and ingress and egress for maintenance, copies
of which are attached, have been granted between all independent associations Page no.
utilizing the SWM system.
d. The golf course owner / operator is a member of the Association and the
documents reflect this relationship.
Signature
State of Florida )
County of ) ss
Page no.
I HEREBY CERTIFY that on the day of 20 before me,
an officer authorized in the State aforesaid and in the County aforesaid to takekowledgements by
Vaho is personally known to me or
has produced as identification and who did (did not)
take an oath.
Notary Public, State of Florida
You may strike out this section if it is not applicable. l ,, `,T ;j'':', j: '.; ,I
r 1
729.64'
117.14'
GORING PILE (TYP.)
/ ® a o- i .e u
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ABOVE M.H.W.L 12.5'
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♦ 0 P
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ABOVE M.H:.v. L.
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U
STEP DETAIL Q^
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PLAN VIEW
SEC. PROJECT: Pe/icon POin t
TWP West Associotion. LTD
er. - CRIPRON B7 St. Lucie County, FL
eirce FL..ven ::.Seas2)
..
484 6b9D DATE 5/0 DRAWN: JEB CHK HS APPR: HS
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CM CONCRETE MONUMENT L LENO7N
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NO. NUMBER ft &s c+;• 4 ,yy' { 'k'f. t.4s �Yg v/ r ,' ;
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SURWMRS NOTES
SURWMRS CERARCAAON
/. INS BEAR/N0S AS SHORN HEREON ARE BASED ON AN ASSUMED MERIDIAN,
REFERENCE A BEAR/NC OF N5142o7 W ON THE LIYJTERL/NE OF PEL/CAN / HEREBY CERAFY INAT THE SPMR0 PURPOSE SURWr AS SHORN HEREON
POINTS ORNE. WAS PREPARED UNDER MY D/RM70)Y AN0 CNAROE ON APR/L 9. 2002 ANO
2 /HIS /S NOT A BOUNDARY SURW) tz: �- r-=?d A/AT SALO `5FF(-RC PURPOSE SURREY" /S TRUE AND ACCURA IF 70 AlE BEST
.S THE DATA CO99EC7FD BY BE75Y L/NOSAY, /NC AND SHORN HEREON �" U. OF MY RAIOKLEOOE ANO 3r!IEF. /T IS FURTHER CERA11TED AIA7 ANS :SPELYF/C
WAS A7A 4-OZ ONTO A/E M17Y L 1179E LiF N PLAT OF PEL/CAN PLUN7E �' —"�'J PURPOSE .5URllrr" CYIMPL/ES Yi7AT AF MTN/MUM TECHN/CAL STANDARDS FOR
—T=
REST; AN UNRECOROEO PLA7, AS DONE BY R/LHARO W SUSSELL, INC - SPFLYf7C PURPO.$'E SUR;EI`Y SET FOR7N BY THE FZOR/OA BOARD OF PRC7FESS/ONAC
t+ SVVkF CRS AND.MAPPLAs IN CHAPTER e1017--9 FLL 19A AOM/N/STRAT/YE CODE
4. A//S S SZ-Al O NOT YAUD I11MV5E NE SIGNATURE ANO ORIGINAL .. ='ram
RAISED SEAL OF A FCOR/DA LICENSED SURWYOR. �J� � Ord PURSVANT TO SECAON 422O<'7 FL:JR/DA STATUTES
S ELEYARONS AS S110RN HEREON ARE REFERENCED TO A/E MEAN LOW
RATER, ELE✓A7/ON - -026, NCI9 1919. r� s= ^•
RE75Y L/NDSAY, INC.
* THE PURPOSE OF N IS SURLEY WAS TO LOCA7F INS MEAN H7CH WA7£R LINES
UPLAND BOUNDARY ME SHORELINE LEOETA AON AND 70 ACCU/RE
FLEYANO/✓S ON THE BOT�M OF ATE R/LER REFERENCED 70 MEAN LOW-__-
WATER EL/ A. L/ OSAY, P.L.S NOT IIAL/D R7A/OUT A/E SIMARIRE AND
SURA ERGEO LAND LEASE EXHIBIT _ L AZOr ECS/RAAO ✓ NO 4724 OR/C/NAC RAISED SEAL OF FL OR/DA LICENSED
SURLEYOR AND MAPPER
eNEET NO.
1
OF 4 9xECC9
unnsne�axa
PEL/CANPOINTL"WEST—SLLOC/ECOUNTY,FLOR/DA
PEL/CAN POINTS {LEST ASSO[YATES LTD
°ire 4 )$ 02
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BETSY LINDSAY, INC.
SURVEYING AND MAPPING
SPEC/F/C PURPOSE SURREY
P"°"°` "°'
02-36
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SCOs s5D5 159U5)5 a 2�PAa
Ir.ENs®R1&E59 ND env
LEGAL DESCR/PT/ON
SUBMERGED LAND LEASE
Being a parcel of land lying in Section 22, Township 36 South, Range 41 East, St. Lucie
County, Florida, and being more particularly described as follows:
Commence at the point of intersection of the Centerline of State Road A-1—A and a line
5767.86 feet North of, as measured at right angles, the South line of Section 27, Township 36,
South, Range 41 East; thence S 89'56'46" W, along lastly line, o.distance of 221.55 feet to the
mean high water line of the Indian River; thence meander said mean high water line
Northwesterly for the following courses and distances;
Thence N 54'23'37" W a distance of 61.55 feet; thence N 47'25'14" W a
distance of 59.83 feet; thence N 37'21'54" W a distance of 59.67 feet; thence
N 53'54'40" W a distance of 47.35 feet; thence N 59'59'34" W a distance of 46.08
feet; thence N 62'16'37" W a distance of 48.73 feet; thence N 38'40'13" W a
distance of 85.33 feet; thence N 37'01'47" W a distance of 34.52 feet; thence
N 54'05'57" W a distance of 44.61 feet; thence N 53'35'00" W a distance of 18.15
feet to the point of beginning of the following described submerged lands;
thence S 45'30'43" W a distance of 399.81 feet; thence S 44'29'17" E a distance of
53.50 feet; thence S 45'30'43" W a distance of 40.76 feet; thence N 44'29'31" W a distance
of 127.99 feet; thence N 45'28'57" E, a distance of 32.28 feet; thence S 44'29'17" E a
distance of 12.93 feet; thence N 45'38'14" E a distance of 8.55 feet; thence S 44'25'21" E a
distance of 53.56 feet; thence N 45'30'43" E a distance of 398.53 feet; thence S 53'35'00" E l
-L a distance of 8.10 feet to the point of beginning. e POINT OF BEGINNING.
--,y=Containing 8303 square feet or 0.19 acres, more or less.
,:SeA9WERGED LAND LEASE F"15917
seer No. 2 " ""'1B1°Rs g] I PELICAN POINIE HE67 - Sr LULYE COUNTY, RORIVA I ogre i/is/aa HETSY LINDSAY, INC.
PEL/CAN PaNIE HEST ASSOCIATES, ZM �•_ HIV' SURVEYING AND MAPPING
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Exhibit 18--Bathymetry
LEGEND .
PRE—EMPTIVE AREA
= 8303 SQ. FT
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Exhibit 19--Seagrass Survey
LOCAAON AW
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