HomeMy WebLinkAboutFDEP ExemptionFLORIDA DEPART KEHT OF
Environmental Protection
Southeast District Office
3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL 33406 .
561-681-6600
May 15, 2019
Mary Vanderspool
120 Queen Eugenia Ct
Ft. Pierce, FL 34.949
Sent via e-mail; ctvanderspool@yahoo.com
Re: File No.: 56-0375566-.001
File Name:_ Vanderspool
Dear Mary Vanderspool:
Ron Mantis
Governor
Jeanette Nueez . .
Lt. Governor
Noah Valensteln
4;•_ retary
JUN
ST. Lucie County, permitCing
On April 24, 2019, we received your request for verification of exemption to perform the following
activities:
(1) Repair existing dock decking, stringers, and 5 pilings in Queens Cove, Class II Waters, adjacent to
120 Queen. Eugenia Ct, Ft. Pierce (Section 14, Township 34 South, Range 40. East), in Saint Lucie.
County (LatitudeN 270 30.' 52:7", Longitude W 800 10' 11").
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 qualifies for all three. However, this letter does not relieve you from the
responsibility of obtaining other federal, state, or local authorizations that may berequired for the
activity.
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 proj ect if
you wish. to make any changes.
If you have any questions regarding this matter, please contact Donald Fontenot at the letterhead
address or at 561-681-6629. Donald.Fontenot@FloridaDEP.gov.
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
Project No.: 56-375566-001-EE
Project Name: Vanderspool
Page 2 of 18
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
pew 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 - APPROVED
Your proposed activity as outlined in your application and attached drawings qualifies for Federal
authorization pursuant to the State Programmatic General Permit V-RI, and a SEPARATE permit or
authorization will not be required from the Corps. Please note that the Federal authorization expires
on July 26, 2021. However, your authorization may remain in effect for up to 1 additional year, if
provisions of Special Condition 19 of the SPGP V-R1 permit instrument are met. You, as permittee,
are required to adhere to all General Conditions and Special Conditions that may apply to your
project. Special conditions required for your project are attached. A copy of the SPGP V-Rl with all
terms and conditions and the General Conditions may be found at
https://www.sai.usace.army.mil/Missions/Re ug latory/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 filing 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 process is designed to
formulate final agency action, the subsequent order may modify or take a different position than this action.
Petition for Administrative Hearing
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;
Project No.: 56-375566-001-EE
Project Name: Vanderspool
Page 3 of 18
(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 Agency_Clerk@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 Filing 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
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 may not apply to persons who have not received a clear point of
entry.
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 filed 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@dep.state.fl.us, before the deadline for filing a petition for an
administrative hearing. A timely request for extension of time shall toll the running of the time period
for filing 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
Project No.: 56-375566-001-EE
Project Name: Vanderspool
Page 4 of 18
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 filed with the Clerk of the Department.
Judicial 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 filing 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.
EXECUTION AND CLERKING
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Jeff Meyer
Environmental Consultant
Southeast District
Enclosures:
62-330.051(5)(d), F.A.C.
Special Conditions for Federal Authorization for SPGP V-Rl
General Conditions for Federal Authorization for SPGP V-Rl
Project drawings, 2 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 — Chris Weller, Donald Fontenot
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52(7), F. S.,
receipt of which is hereby acknowledged.
f. Y
with the designated Department Clerk,
May 15, 2019
Clerk Date