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Home My WebLink AboutDEP Report File copy s P,CCEI`.` -- JUL 117 Baa VC*part�e, Florida Department ofVer or Environmental Protection Carlos Lopez-Canters SOUTHEAST DISTRICT OFFICE Lt. Governor 3301 GUN CLUB ROAD, MSC 7210-1 "o s` WEST PALM BEACH, FL 33406 Noah Valenstein '''ental Pic Secretary 561-681-6600 Cleve Nielson 223 Olive Ave _MIN.SETE)ACfK_REQ, Port Saint Lucie,FL 34952 FROPaT Sent via e-mail to:jerner@bellsouth.net --- -- - sfDCS Ct4;1 SID File No.: 56-0354764-002,003,004-EE _ ROAR _File Name:Nielson,Cleve ZfVG — Dear Mr.Nielson: TCC Ip On June 15, 2017,we received.your application for an exemption to perform the following activities: (1)replace an-existing-rCfO--In ft seawall--within 12 inches waterward(wet face to wet face)of the existing seawall; (2)replace 4n-8-ft.-by 38_ft:(304 sq. ft.)marginal dock in the same location and of the same configuration and dimensions as the existing dock; and(3)=iristallw-boat ,1ift=The project is located in a manmade canal, Class III Waters, adjacent to 223 Olive Ave Port Saint Lucie (Section 22, Township 36 South,Range 40 East), in St. Lucie County(Latitude N 270 19'47.98',Longitude W 800 19'46.01"). 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 be required for the activity. 1. Regulatory Review V RIFLED=3 Based on the information submitted,the Department has verified that the activities as proposed are exempt,under Chapter 62-330.051(12)(b), (5)(b), (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 will expire after one year, and will not be valid at any other time if site conditions materially change, the project design is modified, or the statutes or rules governing the exempt activity are amended. However, the activity may still be conducted without further notification to or verification from the www.dep.state.fl.us File No.:56-0354764-002,003,004-EE File Name:Nielson,Cleve Page 2 of 5 Department after the one-year expiration of this verification,provided: 1)the project design does not change;2)site conditions do not materially change; and 3)there are no changes to the statutes or rules,governing the exempt activity. In the event-you need to re-verify the exempt status for the activity after the one-year expiration of this verification,a new application 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 apermit being required.Conditions of compliance with the regulatory exemption are contained in Attachment A. I 2. Proprietary Review—NO--_T_.�R_E UIRED�3 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 Flonda Administrative-Code- 3. Federal Review—SPGP:APPROVED Your proposed activity as outlined on your application and attached drawings qualifies for Federal authorization pursuant to the State Programmatic General Permit V, and a separate permit or authorization will not be required from the Corps.Please note that the Federal authorization expires on July 26, 2021. You, as permittee, are required to adhere to all General Conditions and Special conditions that may apply to_your project." A copy of the SPGP V with all terms and conditions and the General Conditions may be found at http://www.sai.usace.army.miUPortals/44/docs/re ug latory/sourcebook/pennittin general permits /SPGP/SPGPV-Permit%20lnstrument-Complete.pdf?ver=2016-07-27-071925-250. 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 insure compliance with appropriate statutes and administrative codes. If the activities are not in compliance,youu 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 further order of the Department. Because the administrative hearing ,process is designed to formulate final agency action, the filing of a petition means that the Department's final action may be different from the position taken by it in this notice. _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 Rule 28- 106.201,F.A.C.,a-petition for an administrative hearing must contain the following information: I File No.:56-0354764-002,003,004-EE File Name:Nielson,Cleve Page 3 of 5 (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name,address any email address,any facsimile number,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 are or 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 b the Clerk in the Office of General Counsel f P ( Y ) o the Department at 3900 Commonwealth Boulevard,Mail Station 35,Tallahassee,Florida 32399-3000. 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 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. Under Section 120.60(3),F.S.,however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice,regardless of the date of publication. 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. 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, before the applicable 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. 1 File No.:56-0354764-002,003,004-EE File Name:Nielson,Cleve Page 4 of 5 Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant, or any parry within the meaning of Section 373.114(l)(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 the order is filed with the Clerk of the Department. Judicial Review Any parry 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 Rules 9.110 and 9.190,Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard,M.S.35,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 'h Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. Thank you for applying to the Submerged Lands and Environmental Resource Permit Program. If _you have any questions regarding this matter,please contact Stacy Cecil at the letterhead address I or at(561) 681-6629 or by email at Stacy.Cecil@dep.state.fl.us.- Executed in West Palm Beach,Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Monica Sovacool Environmental Manager Southeast.District Enclosures: Attachment A- Specific Exemption Rule General Conditions for use•of-the Federal SPGP V Project Drawings, 4 pages z r r. Lore Alr'jbi V, 223 Olive, Ave; Port St Lucie, FL 34952 ` 223 Olive Ave, Port ,o I' k St St Lucie, FL 34952 . LuC m C/.41�3 RI v r 4 w Permit Number � 56-0354764-002,003,004-EE L� ` fiMrl Vista BWO - b ' p Southeast District y 7 y ?w wa roti �.tvss _ - NI EL SEN - - Jerner�r Associates,Inc. SHEET 1 -- ; —_-- Marine&Environmental Consulting Date: 6/6/17 223 OLIVE AVE. - 2537SE Alfonso Ave. Port St.Lucie,FL 34952 PORT ST. L UCIE Ph.(772)283 2950 JERNER@BELLSOUTH.NET Z AR y� 00 � o 6'RETURN WALL--;:::> �l. r•. i' LEATHER EXISTING WOODEN—; �••, ERN SEAWALL PROPOSED SEAWALL WITHIN 12"OF EXISTING SEAWALL RIVER PARK-UNIT 2-BLK 19 LOT 47 8' 0 Ear g� ."PROPOSED 7K LIF_//T Jb W Permit Number '`° �� 56-0354764-002,0039004-EE y�........... i b f MANMADE CANAL dsPaDDER 108'WIDE p Southeast District y° �'y DOCK IiAR RN \ \ .I p ` REPLACE EXISTING DOCK IN 'T'L V Z S SAME DIMENSIONS 1"= 20' NIELSEN �— '--` Jerner&Associates,Inc. SHEET 2 -- Marine&Environmental Consulting Date: 6/6/17 223 OLIVE AVE, 2537SEAlfonsoAve. Port St.Lucie,FL34952 Ph(772)283-2950 PORT ST. LUCIE �_r `� ERNEMBELLSOUTH.NET ;. =r= 7 NN N �•,`�f��t��>J,,'r�S�`��Y�,r;`i�� r ' � I rI I 11 1 1 101111. rrr r*� rr`Cr�r � r ou eas1: rrr `�r`�r`v� '• `@'•°r`�rv`v`�r�'.?;ir,! r�wv�Jrv;��r`Z ,,,� . 3"X 8"Outside Wjle 5116"X 3"Lag Screw \L / - \ I 2"XFInsd-a Wale 0 � - o m .. i .: iAi Tie '.. Through Bolt, 0. Bolt • Marine&Environmental Consulting --Date:-616117 223 OLIVEAVE. 2537SE Alfonso Ave. Port St.Lucie,FL 34952 Ph.(772)283,2950 PORT ST LUCIE ' ' i • Pier Section Thru Pier Plan View 8' f,ry Il — All Bots 5/8"H.D. —�� _ cam=�_ -__--.:j Galv. Or S.S. I!' it ;I g 8 2"x 6"SYP, .40 ACQ f i Decking#1 Grade w Minimal'plank spacing, Fasten w#10 3"SS(304) --► —�—�i I i Screws,2 per Stringer „ „ C*)2 x 8 P.T. SYP, .40 ACQ treated stringers to I _.MHYV_. be butt jointed, butt _.ML ly_, joints to be staggered. _.._.._.._.._.._.._. A) 2"x 8"P.T. SYP, .40 ACQ treated bents n.i �; ii i pili BARREN BOTTOM i ,' 7 I -,� -�- --'- M ' • Stringers Min. 24'O.C.. l A t®a&d pile& IV 1 $� Center Sfringer(s)toe Nailed w(2)#16 SS + (304)Ring Shank Nails @ Each Bent, Outside Any New Pilings to be jetted to a minimum depth of 6'an Stringers Face Nailed w#16 SS(304)Ring th as necessary to provide adequate bearing and stabilit �t -A Shank Nails ` w Permit Number A A r 56-0354764-002,0039004-EE b d c NIELSEN P S utheast District J er Associates,Inc. SHEET 4 L 223 OL I VE AVE. M 'ne p-� nvironmental Consulting Date: 61611 7 �? f'-' _ \ _ 2 S�t�f soAve. PortSt.Lucie,FL34952 ji 0 Ph.(772)283.2950 PORT ST. LUCIE _'_� RNER@BELLSOUTH.NET a