HomeMy WebLinkAboutFDEPFLORIDA DEPARTMENT OF
Environmental Protection
Southeast District Office
3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL 33406
561-681-6600
Project Name: Steven Wolf
Permittee/Authorized Entity:
Steven Wolf
4249 S. Indian River Dr.
Fort Pierce, FL. 34982
Email: swolfl9 nyc.rr.com
Authorized Agent:
Danna Small
President, DLS Environmental Services, Inc.
Email: Danna u.DLSenvironmentalservices.com
Environmental Resource Permit - Granted
State-owned Submerged Lands Authorization — Granted
Ron DeSantls
Governor
Jeanette Nunez
Lt. Governor
Noah Valensteln
Secretary
U.S. Army Corps of Engineers Authorization — Separate Corps Authorization
Required
Permit No.: 56-385952-001-EI
Permit Issuance Date: May 15, 2020
Permit Construction Phase Expiration Date: May 15, 2025
Consolidated Environmental Resource Permit and State-owned Submerged Lands
Authorization
Permit No.: 56-385952-001-EI
PROJECT LOCATION
The activities authorized by this Permit and state-owned submerged lands authorization are located within
the Indian River Lagoon, within the Jensen Beach to Jupiter Inlet Aquatic Preserve, Outstanding Florida
Waters, Class III Waters, adjacent to 4249 S Indian River Dr, Ft. Pierce, (Section 36, Township 35 South,
Range 40 East), in Saint Lucie County (Latitude N 27' 23' 29.98", Longitude W -80' 18' 00.44").
PROJECT DESCRIPTION
This permit authorizes a 1,648 square foot dock with a boat lift and a mooring area serving a single-
family residence.
This permit authorizes 1,648 ft2 of work in surface waters. Submerged Resources are located within
the project boundaries. The permittee has implemented practicable design modifications to reduce
and eliminate adverse impacts to these resources. The construction of the dock will include grated
decking on the terminal platform, and '/2-inch spacing between the deck boards of the access pier,
which will be elevated 5 feet above Mean High Water Line (MHWL). Therefore, mitigation is not
required.
The attached standard manatee conditions (version 2011) shall be adhered to during all in -water work.
Prior to construction commencement, weighted floating turbidity curtains, extending to within one -
foot from the submerged bottom shall be utilized around the project area to ensure that any turbidity
resulting from construction activities will be contained within the project boundaries. All water
bodies, including any adjacent submerged aquatic vegetation outside the specific limits of
construction authorized by this permit shall be protected from erosion, siltation, sedimentation, and/or
scouring.
AUTHORIZATIONS
Environmental Resource Permit
The Department has determined that the activity qualifies for an Environmental Resource Permit.
Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of Chapter 373,
Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.).
Sovereignty Submerged Lands Authorization
The activity is located on sovereignty submerged lands owned by the State of Florida. It therefore
also requires authorization from the Board of Trustees of the Internal Improvement Trust Fund (Board
of Trustees), pursuant to Article X, Section 11 of the Florida Constitution, and Section 253.77, F.S.,
and Chapter 258, F.S.
As staff to the Board of Trustees under Sections 253.002, F.S., the Department has determined that
the activity qualifies for and requires a Letter of Consent, as long as the work performed is located
within the boundaries as described and is consistent with the terms and conditions herein.
During the term of this Letter of Consent you shall maintain satisfactory evidence of sufficient upland
interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code. If such interest is
Project Name: Steven Wolf
Permit No.: 56-385952-001-EI
Page 2 of 14
terminated or the Board of Trustees determines that such interest did not exist on the date of issuance
of this Letter of Consent, this Letter of Consent may be terminated by the Board of Trustees at its
sole option. If the Board of Trustees terminates this Letter of Consent, you agree not to assert a claim
or defense against the Board of Trustees arising out of this Letter of Consent.
Federal Authorization
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:
httl2s://www.sai.usace.il=.mil/Missions/Regulatory/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.
Coastal Zone Management
Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal Zone
Management Program, as required by Section 307 of the Coastal Zone Management Act.
Water Quality Certification
This permit also constitutes a water quality certification under Section 401 of the Clean Water Act,
33 U.S.C. 1341.
Other Authorizations
You are advised that authorizations or permits for this activity may be required by other federal, state,
regional, or local entities including but not limited to local governments or municipalities. This
permit does not relieve you from the requirements to obtain all other required permits or
authorizations.
The activity described may be conducted only in accordance with the terms, conditions and
attachments contained in this document. Issuance and granting of the permit and authorizations
herein do not infer, nor guarantee, nor imply that future permits, authorizations, or modifications will
be granted by the Department.
PERMIT and SOVEREIGNTY SUBMERGED LANDS CONDITIONS
The activities described must be conducted in accordance with:
• The Specific Conditions
• The General Conditions
• The Special Consent Conditions
• The General Conditions for Sovereignty Submerged Lands Authorization
• The limits, conditions and locations of work shown in the attached drawings
• The term limits of this authorization
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Permit No.: 56-385952-001-EI
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You are advised to read and understand these conditions and drawings prior to beginning the
authorized activities, and to ensure the work is conducted in conformance with all the terms,
conditions, and drawings herein. If you are using a contractor, the contractor also should read and
understand these conditions and drawings prior to beginning any activity. Failure to comply with
these conditions, including any mitigation requirements, shall be grounds for the Department to
revoke the permit and authorization and to take appropriate enforcement action.
Operation of the facility is not authorized except when determined to be in conformance with all
applicable rules and this permit and sovereignty submerged lands authorization, as described.
SPECIFIC CONDITIONS- PROJECT FORMS & ATTACHMENTS
(1) The attached project drawings (sheets 1 through 5); the Standard Manatee Conditions for In -
Water Work, 2011, which can be downloaded at can be downloaded at
http://myfwc.com/media/415448/Manatee StdCondIn waterWork. df; and DEP forms 62-
330.310(3), 62-330.310(1); 62-330.310(2); 62-330.340(1); and 62-330.350(1), which may be
downloaded at http://www.dep.state.fl.us/water/wetlands/erp/forms.htm become part of this
permit. If the permittee does not have access to the Internet, please contact the Department at
(561) 681-6600 to request the aforementioned forms and/or document(s).
SPECIFIC CONDITIONS - PRIOR TO CONSTRUCTION
(2) After selection of the contractor to perform the authorized activities and prior to the initiation
of any work authorized by this permit, the permittee (or authorized agent) and the contractor shall
attend a pre -construction conference with a representative of the Department. It shall be the
responsibility of the permittee to contact the Department's Compliance Assistance Program, by
email SED_ComplianceFloridaDEP.gov, or by phone (561) 681-6600, to schedule the pre -
construction conference.
(3) Floating turbidity curtains with weighted skirts that extend to within 1 ft. of the bottom shall
be placed prior to the initiation of work authorized by this permit. The screens shall be
maintained and remain in place for the duration of the construction to ensure turbidity levels
outside the construction area do not exceed 0 NTU's above background levels. The permittee
shall be responsible for inspecting and maintaining turbidity control devices so no violations of
state water quality standards outside of the turbidity screens occurs. The permittee shall
immediately cease work contributing to the water quality violation. Turbidity shall be monitored
as described in the monitoring portion of this permit.
SPECIFIC CONDITIONS — CONSTRUCTION ACTIVITIES
(4) Watercraft associated with the construction of the permitted structure shall operate within
waters of sufficient depth to preclude bottom scouring, prop dredging or damage to submerged
bottom or submerged resources. During all construction activities, there shall be a minimum of
1-foot clearance between the draft of the construction vessel/barge and the top of any submerged
resources or submerged bottom.
(5) No dredging or filling of submerged grass beds or live bottom communities is authorized by
this permit.
(6) Storage or stockpiling of tools and materials (i.e., lumber, pilings, debris,) within wetlands,
along the shoreline, within the littoral zone, or elsewhere within wetlands or other surface waters
is prohibited. This includes floating of pilings in surface waters. All vegetative material and
Project Name: Steven Wolf
Permit No.: 56-385952-001-EI
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debris shall be removed to a self-contained upland disposal area with no stockpiling of debris
within wetland areas.
(7) The following construction sequence shall be adhered to for all piers and docking structures.
Structures shall be built progressively, commencing at the shoreline and continuing waterward.
No more than three sets of pilings shall be installed at a time. The decking will then be installed
on those pilings, and the finished decking will be used to transport the remaining tools and
materials. No impacts shall occur outside the footprint of the permitted dock and boardwalk.
(8) To protect benthic and wetland resources when present, the elevation of the deck shall be a
minimum of 5 feet above mean high water or wetland substrate. Plank decking with %2 inch spacing
between boards will be used for the access walkway and grated decking with a minimum 43%
light transmission will be used for the terminal platform.
(9) Wood pilings shall be entirely wrapped with High Density Polyethylene or vinyl sheeting
with a minimum of 30 mil thickness from at least 12 inches below the mudline of the substrate to
one foot above the mean high. The wrappings shall be installed concurrently with the
installation of pilings. Pilings which have to be replaced during the life of the facility shall meet
the requirements of this condition.
(10) Handrails shall be installed along both sides of the access pier concurrently with dock
construction. Handrails shall be constructed to eliminate access by boaters and shall be
maintained for the life of the facility. Mooring is prohibited along the access pier.
(11) Unauthorized impacts to wetlands, the littoral zone, or submerged resources as a result of
the dock construction activities shall be reported immediately to the Department.
SPECIFIC CONDITIONS — MONITORING/REPORTING REQUIREMENTS
(12) Turbidity levels outside the construction area shall not exceed 0 NTU's above background
levels. The following measures shall be taken immediately by the permittee whenever turbidity
levels within waters of the State surrounding the project site exceed 0 NTUs above background:
a. Notify the Department at (561) 681-6600 at the time the violation is first detected.
b. Immediately cease all work contributing to the water quality violation.
c. Stabilize all exposed soils contributing to the violation. Modify the work procedures that
were responsible for the violation, install more turbidity containment devices, and repair any
non-functional turbidity containment devices.
d. As required, perform turbidity monitoring per Specific Conditions.
e. Resume construction activities once turbidity levels outside turbidity curtains fall below 0
NTUs.
(13) Water turbidity levels shall be monitored if a turbidity plume is observed outside the limits of
the required turbidity control devices. Samples shall be taken every four hours until turbidity
subsides at one foot above the bottom, mid -depth, and one -foot below the surface at monitoring
stations located as follows:
a. Approximately 100 feet up -current of the work sites and clearly outside the influence of
construction activities. (This shall serve as the natural background sample against which
other turbidity readings shall be compared.)
b. Directly outside the turbidity curtains surrounding the work sites and within the densest
portion of any visible turbidity plume. (This sample shall serve as the compliance sample.)
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Permit No.: 56-385952-001-EI
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(14) During dock construction activities, the permittee or permittee's contractor shall collect the
following turbidity monitoring data at the frequency and water depths directed by the Specific
Condition above:
a. Date and time of sampling event
b. Turbidity sampling results (background NTUs,
between them)
c. Description of data collection methods
d. An aerial map indicating the sampling locations
e. Depth of sample(s)
f. Weather conditions at times of sampling
g. Tidal stage and direction of flow
compliance NTUs, and the difference
Data shall be collected in a turbidity log and shall include a statement by the individual responsible
for implementation of the sampling program attesting to the authenticity, precision, limits of
detection, and accuracy of the data. The turbidity log shall be scanned and sent on a weekly basis
to the Department's Compliance Assistance Program by email at
SED Compliance O-Woridadep.gov. The subject line of the email shall include the project name,
permit number, and the title "Turbidity Monitoring Reports."
SPECIFIC CONDITIONS - MANATEE CONDITIONS
(15) Temporary signs concerning manatees shall be posted prior to and during all in -water project
activities. All signs are to be removed by the permittee upon completion of the project. Awareness
signs that have already been approved for this use by the Florida Fish and Wildlife Conservation
Commission (FWC) must be used. One sign measuring at least 3 ft. by 4 ft. which reads Caution:
Manatee Area must be posted. A second sign measuring at least 8 1/2" by I V explaining the
requirements for "Idle Speed/No Wake" and the shutdown of in -water operations must be posted
in a location prominently visible to all personnel engaged in water -related activities. Please see
the Florida Fish and Wildlife Conservation Commission website for information on how to obtain
appropriate signs: http://www.mvfwc.com/docs/WildlifeHabitats/Manatee_ EducationalSign.pdf
(16) The permittee shall comply with the standard manatee protection construction conditions
listed in the attached "2011 Standard Manatee Conditions for In -Water Work".
SPECIFIC CONDITIONS - LISTED SPECIES
(17) This permit does not authorize the permittee to cause any adverse impact to or "take" of state
listed species and other regulated species of fish and wildlife. Compliance with state laws
regulating the take of fish and wildlife is the responsibility of the owner or applicant associated
with this project. Please refer to Chapter 68A-27 of the Florida Administrative Code for
definitions of "take" and a list of fish and wildlife species. If listed species are observed onsite,
FWC staff are available to provide decision support information or assist in obtaining the
appropriate FWC permits. Most marine endangered and threatened species are statutorily
protected and a "take" permit cannot be issued. Requests for further information or review can be
sent to FWCConservationPlanningServicesCa4MyFWC.com.
Project Name: Steven Wolf
Permit No.: 56-385952-001-EI
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GENERAL CONDITIONS FOR INDIVIDUAL PERMITS
The following general conditions are binding on all individual permits issued under chapter 62-330,
F.A.C., except where the conditions are not applicable to the authorized activity, or where the
conditions must be modified to accommodate project -specific conditions.
(1) All activities shall be implemented following the plans, specifications and performance
criteria approved by this permit. Any deviations must be authorized in a permit modification in
accordance with Rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject
the permittee to enforcement action and revocation of the permit under Chapter 373, F.S.
(2) A complete copy of this permit shall be kept at the work site of the permitted activity during
the construction phase, and shall be available for review at the work site upon request by the
Agency staff. The permittee shall require the contractor to review the complete permit prior to
beginning construction.
(3) Activities shall be conducted in a manner that does not cause or contribute to violations of
state water quality standards. Performance -based erosion and sediment control best management
practices shall be installed immediately prior to, and be maintained during and after construction
as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices
shall be in accordance with the State of Florida Erosion and Sediment Control Designer and
Reviewer Manual (Florida Department of Environmental Protection and Florida Department of
Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control
Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source
Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference
in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project -specific erosion and sediment
control plan is approved or other water quality control measures are required as part of the permit.
(4) At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the
Agency a fully executed Form 62-330.350(1), "Construction Commencement Notice," [October
1, 2013], which is incorporated by reference in paragraph 62-330.350(1)(d), F.A.C., indicating
the expected start and completion dates. A copy of this form may be obtained from the Agency,
as described in subsection 62-330.010(5), F.A.C. If available, an Agency website that fulfills this
notification requirement may be used in lieu of the form.
(5) Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating
entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and
conditions of the permit for the life of the project or activity.
(6) Within 30 days after completing construction of the entire project, or any independent portion
of the project, the permittee shall provide the following to the Agency, as applicable:
a. For an individual, private single-family residential dwelling unit, duplex, triplex, or
quadruplex — "Construction Completion and Inspection Certification for Activities Associated
with a Private Single -Family Dwelling Unit" [Form 62-330.310(3)]; or
b. For all other activities — "As -Built Certification and Request for Conversion to Operational
Phase" [Form 62-330.310(1)].
c. If available, an Agency website that fulfills this certification requirement may be used in lieu
of the form.
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Permit No.: 56-385952-001-EI
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(7) If the final operation and maintenance entity is a third party:
a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance,
or within 30 days of as- built certification, whichever comes first, the permittee shall submit,
as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru
12.3.3 of Volume 1) as filed with the Department of State, Division of Corporations and a
copy of any easement, plat, or deed restriction needed to operate or maintain the project, as
recorded with the Clerk of the Court in the County in which the activity is located.
b. Within 30 days of submittal of the as- built certification, the permittee shall submit "Request
for Transfer of Environmental Resource Permit to the Perpetual Operation Entity" [Form 62-
330.310(2)] to transfer the permit to the operation and maintenance entity, along with the
documentation requested in the form. If available, an Agency website that fulfills this transfer
requirement may be used in lieu of the form.
(8) The permittee shall notify the Agency in writing of changes required by any other regulatory
agency that require changes to the permitted activity, and any required modification of this permit
must be obtained prior to implementing the changes.
(9) This permit does not:
a. Convey to the permittee any property rights or privileges, or any other rights or privileges
other than those specified herein or in Chapter 62-330, F.A.C.;
b. Convey to the permittee or create in the permittee any interest in real property;
c. Relieve the permittee from the need to obtain and comply with any other required federal,
state, and local authorization, law, rule, or ordinance; or
d. Authorize any entrance upon or work on property that is not owned, held in easement, or
controlled by the permittee.
(10) Prior to conducting any activities on state-owned submerged lands or other lands of the state, title
to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee
must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written
authorization that requires formal execution by the Board of Trustees of the Internal Improvement
Trust Fund shall not be considered received until it has been fully executed.
(11) The permittee shall hold and save the Agency harmless from any and all damages, claims, or
liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal,
abandonment or use of any project authorized by the permit.
(12) The permittee shall notify the Agency in writing:
a. Immediately if any previously submitted information is discovered to be inaccurate; and
b. Within 30 days of any conveyance or division of ownership or control of the property or the
system, other than conveyance via a long-term lease, and the new owner shall request transfer
of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of
lots or units in residential or commercial subdivisions or condominiums where the stormwater
management system has been completed and converted to the operation phase.
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Permit No.: 56-385952-001-EI
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(13) Upon reasonable notice to the permittee, Agency staff with proper identification shall have
permission to enter, inspect, sample and test the project or activities to ensure conformity with the
plans and specifications authorized in the permit.
(14) If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal
implements, dugout canoes, or any other physical remains that could be associated with Native
American cultures, or early colonial or American settlement are encountered at any time within the
project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries
shall cease. The permittee or other designee shall contact the Florida Department of State, Division
of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as
well as the appropriate permitting agency office. Such subsurface work shall not resume without
verbal or written authorization from the Division of Historical Resources. If unmarked human
remains are encountered, all work shall stop immediately and notification shall be provided in
accordance with Section 872.05, F.S.
(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 Rule 62-330.201, F.A.C.,
provides otherwise.
(16) The permittee shall provide routine maintenance of all components of the stormwater
management system to remove trapped sediments and debris. Removed materials shall be disposed
of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330,
F.A.C., or cause violations of state water quality standards.
(17) This permit is issued based on the applicant's submitted information that reasonably
demonstrates that adverse water resource -related impacts will not be caused by the completed permit
activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause,
obtain any necessary permit modification, and take any necessary corrective actions to resolve the
adverse impacts.
(18) A Recorded Notice of Environmental Resource Permit may be recorded in the county public
records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an encumbrance
upon the property.
SPECIAL CONSENT CONDITIONS
(1) The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the State of
Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to
use sovereignty submerged lands or the applicant's use and construction of structures on sovereignty
submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are
associated with the structure or activity including special assessments or taxes that are now or in the
future assessed against the structure or activity during the period of the authorization.
(2) Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver
by the Board of Trustees of any provision of the authorization will not invalidate the provision not
enforced or waived, nor will the failure to enforce or a waiver prevent the Board of Trustees from
enforcing the unenforced or waived provision in the event of a violation of that provision.
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(3) Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth
in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the
provisions and conditions of the authorization, the authorization may be terminated by the Board of
Trustees after written notice to the applicant or its successors or assigns. Upon receipt of such notice,
the applicant or its successors or assigns will have thirty (30) days in which to correct the violations.
Failure to correct the violations within this period will result in the automatic revocation of this
authorization.
(4) All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization
will be paid by the applicant. Any notice required by law will be made by certified mail at the address
shown on page one of the authorization. The applicant will notify the Board of Trustees in writing of
any change of address at least ten days before the change becomes effective.
(5) This authorization does not allow any activity prohibited in a conservation easement or restrictive
covenant that prohibits the activity.
GENERAL CONDITIONS FOR SOVEREIGNTY SUBMERGED LANDS
AUTHORIZATION
Any use of sovereignty submerged lands is subject to the following general conditions are binding
upon the applicant and are enforceable under Chapter 253, F.S. and Chapter 258, F.S.
(1) Sovereignty submerged lands may be used only for the specified activity or use. Any
unauthorized deviation from the specified activity or use and the conditions for undertaking
that activity or use will constitute a violation. Violation of the authorization will result in
suspension or revocation of the applicant's use of the sovereignty submerged lands unless
cured to the satisfaction of the Board of Trustees.
(2) Authorization under Rule 18-21.005, F.A.C., conveys no title to sovereignty submerged lands
or water column, nor does it constitute recognition or acknowledgment of any other person's
title to such land or water.
(3) Authorizations under Rule 18-21.005, F.A.C., may be modified, suspended or revoked in
accordance with its terms or the remedies provided in Sections 253.04, F.S. and Chapter 18-
14, F.A.C.
(4) Structures or activities will be constructed and used to avoid or minimize adverse impacts to
resources.
(5) Construction, use, or operation of the structure or activity will not adversely affect any species
which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-
27.004, and 68A-27.005, F.A.C.
(6) Structures or activities will not unreasonably interfere with riparian rights. When a court of
competent jurisdiction determines that riparian rights have been unlawfully affected, the
structure or activity will be modified in accordance with the court's decision.
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(7) Structures or activities will not create a navigational hazard.
(8) Structures will be maintained in a functional condition and will be repaired or removed if they
become dilapidated to such an extent that they are no longer functional.
(9) Structures or activities will be constructed, operated, and maintained solely for water dependent
purposes.
(10) The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the
State of Florida from all claims, actions, lawsuits and demands in any form arising out of the
authorization to use sovereignty submerged lands or the applicant's use and construction of
structures on sovereignty submerged lands. This duty to indemnify and hold harmless will
include any and all liabilities that are associated with the structure or activity including special
assessments or taxes that are now or in the future assessed against the structure or activity
during the period of the authorization.
(11) Failure by the Board of Trustees to enforce any violation of a provision of the authorization
or waiver by the Board of Trustees of any provision of the authorization will not invalidate the
provision not enforced or waived, nor will the failure to enforce or a waiver prevent the Board
of Trustees from enforcing the unenforced or waived provision in the event of a violation of
that provision.
(12) Applicant binds itself and its successors and assigns to abide by the provisions and conditions
set forth in the authorization. If the applicant or its successors or assigns fails or refuses to
comply with the provisions and conditions of the authorization, the authorization may be
terminated by the Board of Trustees after written notice to the applicant or its successors or
assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty
(30) days in which to correct the violations. Failure to correct the violations within this period
will result in the automatic revocation of this authorization.
(13) All costs incurred by the Board of Trustees in enforcing the terms and conditions of the
authorization will be paid by the applicant. Any notice required by law will be made by
certified mail at the address shown on page one of the authorization. The applicant will notify
the Board of Trustees in writing of any change of address at least ten days before the change
becomes effective.
(14) This authorization does not allow any activity prohibited in a conservation easement or
restrictive covenant that prohibits the activity.
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.
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Permit No.: 56-385952-001-EI
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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 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
14 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 14 of
publication of the notice or within 14 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
Project Name: Steven Wolf
Permit No.: 56-385952-001-EI
Page 12 of 14
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
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.
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
ci/
05/15/2020
Norva Blandin, MSEM Date
Interim Program Administrator
Southeast District
Project Name: Steven Wolf
Permit No.: 56-385952-001-EI
Page 13 of 14
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were
sent on the filing date below to the following listed persons:
FDEP — Norva Blandin, Jeffrey Meyer, David White, Kyle Nichols, Jason Spanier
Danna Small, President, DLS Environmental Services, Inc., danna(a),dlsenvironmentalservices.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.
Nam-� 05/15/2020
Clerk Date
Attachments:
Project Drawings and Design Specs., 5 pages
Standard Manatee Conditions for In -Water Work, 2011, can be downloaded at
http://myfwc.com/media/415448/Manatee StdCondIn waterWork. df
Construction Completion and Inspection Certification for Activities Associated With a Private
Single -Family Dwelling Unit Form 62-330.310(3)*
As -built Certification and Request for Conversion to Operational Phase Form 62-330.310(1)*
Request for Transfer to the Perpetual Operation Entity Form 62-330.310(2)*
Request to Transfer Permit Form 62-330.340(1)*
Commencement Notice Form 62-330.350(1)*
*Can be downloaded at: https://Roridadep.gov/water/submerged-lands-environmental-resources-
coordination/content/forms-environmental-resource
Project Name: Steven Wolf
Permit No.: 56-385952-001-EI
Page 14 of 14
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1901 SW Yellowtail Avenue
Port Saint Lucie, FL 34953
Phone:772-215-3997 Fax:772-879-4520
www.disenvironmentalservices.com
Location Map
Steven Wolf
4249 S. Indian River Drive
Fort Pierce, Florida
PIN 2435-141-0002-000-0
SCALE:
N.T.S. MARCH 2O20 SHEET 1 of 5
I ;Environmental.
,; Services, Inc.
1901 SW Yellowtail Avenue
Port Saint Lucie, FL 34953
Phone:772-215-3997 Fax:772-879-4520 �—
www.disenvironmentalservices.com SCALE:
2019 Aerial
Steven Wolf
4249 S. Indian River Drive
Fort Pierce, Florida
PIN 2435-141-0002-000-0
N.T.S. I I MARCH 2O20
SHEET 2 of 5
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MLW = -1.33 NAVD MHW = -0.33 NAVD.
2. ALL DOCK REMNANTS WATERWARD OF MEAN HIGH WATER TO BE REMOVED
APPROXIMATE
MEAN HIGH WATER LINE
SNORE
Envirc.mmental.
Existing Plan View
Services,
Steven Wolf
t Inc-
1901 SWYellowtail Avenue
4249 S. Indian River Drive
Port Saint Lucie, FL 34953
Fort Pierce, Florida
PIN 2435-141-0002-000-0
Phone:772-215-3997 Fax:772-879-4520
www.disenvironmentalservices.com
SCALE:
1" = 20'
MARCH 2O20
SHEET 3 of 5
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NOTES:
1. ELEVATION DATUM IS MLW
RIPARIAN LINE ---
M, —
DEPTH CONTOURS
MLW = -1.33 NAVD MHW = -0.33 NA .
2. PROPOSED WORK IS TO CONSTRUCT DOCK WITH A 4' X 372' ACCESS (FROM MHW) ENDING IN AN 8' X 20'
PLATFORM WITH A BOAT LIFT AND.A OOORING AREA - DOCK TOTALS 1,648 SQ. FT. WATERWARD OF MEAN HIGH WATER
3. ACCESS DECKING TO CONSIST OF 2" 6" DECK BOARDS - 1/2" SPACING PROPOSED BETWEEN DECK BOARDS FOR ACCESS
4. PLATFORM TO BE CONSTRUCTED OF GRATED DECKING - 43% OPEN SPACE
5. ALL DOCK PILINGS TO BE P.T. WOOD F ILES WRAPPED IN INDUSTRY
STANDARD, INERT, NON -LEACHING, SYNTHETIC MATERIAL
1' ABOVE MHW TO 1' BELOW SUBSTRATE
6. DOCK PILES 8.0 (81 PILINGS), BOAT LIFT PILES AND MOORING PILES 10"0 (8 PILINGS)
1?s Environmental.
Proposed Plan View
Steven Wolf
Inc.
ery lAeue
1901 SW Yellowtail Avenue
4249 S. Indian River Drive
Port Saint Lucie, FL 34953
Fort Pierce, Florida
PIN 2435-141-0002-000-0
Phone:772-215-3997 Fax:772-879-4520
SCALE:
1" = 20'
MARCH 2O20
SHEET 4 of 5
www.disenvironmentalservices.com
Of ENt,j�o
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ALONG 330' OF ACCESS
NOTES:
1. ELEVATION DATUM IS MLW
MLW = -1.33 NAVD MHW = -0.33 NAVD.
2. PROPOSED WORK IS TO CONSTRUCT A DOCK WITH A 4' X 372' ACCESS (FROM MHW) ENDING IN AN 8' X 20'
PLATFORM WITH A BOAT LIFT AND A MOORING AREA- DOCK TOTALS 1,648 SQ. FT. WATERWARD OF MEAN HIGH WATER
3. ACCESS DECKING TO CONSIST OF 2" X 6" DECK BOARDS - 1/2" SPACING PROPOSED BETWEEN DECK BOARDS FOR ACCESS
4. PLATFORM TO BE CONSTRUCTED OF GRATED DECKING - 43% OPEN SPACE
5. ALL DOCK PILINGS TO BE P.T. WOOD PILES WRAPPED IN INDUSTRY STANDARD, INERT, NON -LEACHING, SYNTHETIC MATERIAL
V ABOVE MHW TO 1' BELOW SUBSTRATE
6. DOCK PILES 8"0 (81 PILINGS), BOAT LIFT PILES AND MOORING PILES 10"0 (8 PILINGS)
'Itsenvironmental
Services, Inc.
1901 SW Yellowtail Avenue
Port Saint Lucie, FL 34953
Phone; 772-215-3997 Fax: 772-879-4520
www.disenvironmentalservices.com SCALE:
1"=30'
Overall Cross Section View
Steven Wolf
4249 S. Indian River Drive
Fort Pierce, Florida
PIN 2435-141-0002-000-0
MARCH 2O20 1 SHEET 5 of 5