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Home My WebLink AboutWALKER DEPFLORIDA DEPARTMENT OF Environmental Protection Southeast District Office 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 561-681-6600 June 16, 2020 Gerald Walker 138 Parliament Court Hutchinson Island, FL 34949 Sent via e-mail: kenwalkerl9rF)t!mail.com Re: File No.: 56 -388188 -001 -EE File Name: Walker Dock Replacement Dear Gerald Walker: Ron DeSands Governor Jeanette Nufta Lt. Governor Noah Valensteln Secretary On May 22, 2020, we received your request for verification of exemption to perform the following activity: replace an existing 350 sq. ft. dock in the same location and same configuration and dimensions as the existing dock. The project is located in a residential canal, Class III Waters, adjacent to 138 Parliament Court in Hutchinson Island, (Section 14, Township 34 South, Range 40 East), in Saint Lucie County (Latitude N 27° 31' 2.71 ", Longitude W -80° 18'53.85"). Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal approval that may be necessary for work in wetlands or waters of the United States. Your project did not qualify for the federal authorization of this verification request. Additional authorization must be obtained prior to commencement of the proposed activity. This letter does not relieve you from the responsibility of obtaining other federal, state, or local authorizations that may be required for the activity. Please refer to the specific section(s) dealing with that portion of the review below for advice on how to proceed. If you change the project from what you submitted, the authorization(s) granted may no longer be valid at the time of commencement of the project. Please contact us prior to beginning your project if you wish to make any changes. If you have any questions regarding this matter, please contact Ashley Drda at the letterhead address or at 561-681-6671, Ashley.Drda@FloridaDEP.gov. www.floridadey. gov Project No.: 56 -388188 -001 -EE Project Name: Walker Dock Replacement Page 2 of 5 1. Regulatory Review — VERIFIED Based on the information submitted, the Department has verified that the activity as proposed is exempt, under Chapter 62-330.051(5)(d), Florida Administrative Code, from the need to obtain a regulatory permit under Part IV of Chapter 373 of the Florida Statutes. This exemption verification is based on the information you provided the Department and the statutes and rules in effect when the information was submitted. This verification may not be valid if site conditions materially change, the project design is modified, or the statutes or rules governing the exempt activity are amended. In the event you need to re -verify the exempt status for the activity, a new request and verification fee will be required. Any substantial modifications to the project design should be submitted to the Department for review, as changes may result in a permit being required. 2. Proprietary Review- NOT REQUIRED The activity does not appear to be located on sovereign submerged lands, and does not require further authorization under chapter 253 of the Florida Statutes, or chapters 18-20 or 18-21 of the Florida Administrative Code. 3. Federal Review - NOT APPROVED Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization shall be required from the Corps. You must apply separately to the Corps using their APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT, ENG FORM 4345, or alternative as allowed by their regulations. More information on Corps permitting may be found online in the Jacksonville District Regulatory Division Source Book at: httlas://www.sai.usace.arm% .mil/Missions/ReLulatoi-\ /Source -Book. Authority for review - an agreement with the USACOE entitled "Coordination Agreement Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection (or Duly Authorized Designee), State Programmatic General Permit", Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act. Additional Information Please retain this letter. The activities may be inspected by authorized state personnel in the future to ensure compliance with appropriate statutes and administrative codes. If the activities are not in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18- 14, F.A.C. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. On the fling of a timely and sufficient petition, this action will not be final and effective until a subsequent order of the Department. Because the administrative hearing Project No.: 56 -388188 -001 -EE Project Name: Walker Dock Replacement Page 3 of 5 process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application. Petition for Administrative Hearin,_} A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28- 106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; 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, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000, or via electronic correspondence at _mow- nc\__C1erk o dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filin, a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. You cannot justifiably rely on the finality of this decision unless notice of this decision and the right of substantially affected persons to challenge this decision has been duly published or otherwise provided to all persons substantially affected by the decision. While you are not required to publish notice of this action, you may elect to do so pursuant Rule 62- 110.106(10)(a). The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and Project No.: 56 -388188 -001 -EE Project Name: Walker Dock Replacement Page 4 of 5 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you do not publish notice of this action, this waiver will not apply to persons who have not received written notice of this action. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be fled with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000, or via electronic correspondence at Agency Clerk a,dep.state.fl.us, before the deadline for fling a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for fling a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is fled with the Clerk of the Department. udicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable fling fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of the Department. Project No.: 56 -388188 -001 -EE Project Name: Walker Dock Replacement Page 5 of 5 EXECUTION AND CLERKING Executed in West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Jeffrey Meyer Environmental Manager Southeast District Enclosures: Attachment A- Specific Exemption Rule Project drawings, 4 pages CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document and all attachments were sent on the filing date below to the following listed persons: FDEP — Jeff Meyer, Ashley Drda Shane Ostrander - ostshal7 a hotmail.com FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. g Clerk June 16. 2020 Date Attachment A 62-330.051 Exempt Activities. The activities meeting the limitations and restrictions below are exempt from permitting. However, if located in, on, or over state-owned submerged lands, they are subject to a separate authorization under chapters 253 and 258, F.S., as applicable. (5) Dock, Pier, Boat Ramp and Other Boating -related Work — (d) Replacement or repair of existing docks and piers, including mooring piles, in accordance with section 403.813(1)(d), F.S., provided the existing structure is still functional or has been rendered non-functional within the last year by a discrete event, such as a storm, flood, accident, or fire. Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 403.805(1) FS. Law Implemented 373.406, 373.4131, 373.4145, 373.415, 403.813(1) FS. History—New 10-1-13, Amended 6-1-18 OF X A, Permit Number OSIO 56 -388188 -001 -EE) o Southeast District y ref 2V Vero Beach L'�"ooJ Pa. hi lon 6:54) 4,M.Q1 Srl attamatltetalI," j I Airport arld easiness Park 071 Anowilas k 7878 Benchmark Engineering Walker I of the Treasure Coast LLC 38 Parliament �owdojn G. Hutchinson F.�. 116 Court FL# Hutchinson EHutchinson Island:,FrL] E Aquatic Structures Division 138 Parliament Court FL# 8o6 Delaware Ave. Fort Pierce, FL 34950 PRaOERTY UNE 24 '• 138 PARLIAMENT CT- QUEENS COVE — UNIT ONE BLOCK 17 — L OT L 3 1414-701-0167-000-4 W _� IN 2' PROPERTY LINE Q 4 I EX/STING 350 S.F. DOCK o F $ N AO 4p Permit Number 56 -388188 -001 -EE Southeast District °Vi l 100' WIDE MANMADE 80AT CHANNEL EBnchmark Engineering Walker e Treasure Coast LLC 13owdoin G, Hutchinson f ,�, 138 Parliament CourtAquatic Structures Division#elaware Ave. Fort Pierce, Fl. 34950 Hutchinson Island, FL E8o6 nchmark Engineering Walker he Treasure Coast LLC 13owdoin G. Hutchinson U. Aquatic Structures Division 138 Parliament Court elaware Ave. Fort Pierce, FL 34950 Hutchinson Island, FL 0 a�ovrutr �" Permit Number 1 1: 56 -388988 -009 -EE h ,? % P Southeast District V PROPOSED d \ 350 S.F. DOCK REPLACEMENT lu 138 PARLIAMENT CT OUEENS COW - UNIT ONE Q BLOCK 17 - LOT L i 1414-701-0167-000-4 I19 Fx e7yLW 4 100' MME MANMADE Conal Co%ulotions BOAT CHANNEL Boat channel width= 100 LF tl' 25Z of canal = 25 LF Dock width extends=7 LF Tota/ =7 LF into Boot channel I E8o6 nchmark Engineering Walker he Treasure Coast LLC 13owdoin G. Hutchinson U. Aquatic Structures Division 138 Parliament Court elaware Ave. Fort Pierce, FL 34950 Hutchinson Island, FL DOCK SECTION VIEW r • lI � I _--Ak --- enchmark Engineering L,B fthe Treasure Coast LLC Aquatic Structures Division 806 Delaware Ave. Fort Pierce, FL 34950 DOCK PLAN VIEW ALL BOLTS 5/8' H. D. GAL VAN/ZED OR STAINLESS S££L I" X 6" SW DECKING W/ J" PLANK SPACING. FASTENED WIRD 2.5 SS SCREWS, 2 PER STRINGER 2"X 8" P. T. SYP, 0.40 ACO— �4 TREATED STRINGERS, BUTT JOINED & STAGGERED - 2"X 8"P. T. SYP, — 0.40 ACO TREATED BENTS - MIN. 8" DIA 2.5 ---' STRING CCA TREATED PILES O. CENTER STRINGERS T NAILED WITH S.S. RING S NAILS, OUTSIDE STRII FACED NAILED DECK DETAILS Walker i38 Parliament Court Hutchinson Island, FL VAR/ES 0 11 ERS 24" C. MAX QE `+ Permit Number HANK Ij GERS 56 -388188 -001 -EE , b e Southeast District P Y; d O Y �01 ,to -- - aaoys 13owdoin G, Hutchinson p,�,