Loading...
HomeMy WebLinkAboutFDEP ExemptionJeb Bush Governor Department of Environmental Protection Port St. Lucie Branch Office 1801 SE Hillmoor Drive Suite C-204 Port St. Lucie; FL 34952 (561)398-2806 DEC 18 2000 Dan Balko FILE COPY 128 St. Lucie Lane Stuart, FL 34994 Dear Mr. Balko: David B. Struhs Secretary File Number: 56-0177980-001, 002 St. Lucie County On December 12, 2000, we received your application for an exemption to perform the following activities: uare foot s construct a mear soot sea Ii ithin 12" of the existing seawall; repair and replace an existing `��;_ q dock measuring 6�;.y 49 construct a ©8' '' ,2 �1 tg128 St Lumarginal oiecLane (Section 24sTownship k an install arU 37t1South, Range manmade canal, Class III waters of the state, located a 40 East), Stuart, St. Lucie County. Your application has been reviewed to determine whether it qualifies for h kinds three authorization of authorizazation are ti n that may be necessary for works in wetlands or waters of the United States. T and regulatory authorization, (2) proprietary authorizaitcomesion (related of he reviews area sted beo w 1 Ple see read e ch section authorization. The authority for review and the of carefully. Your project may not have qualified for spl three ecific section dealing with that authorization for s of authorization. if your project advice on how for one or more of the authorizations, refer to the to obtain it. 1. Regulatory Review - EXEMPTION VERIFIED Title The Department has the authority to review your p °Jo dais e wct under ithlt IV of operatighapter 373, agreements Florida Statutes between he 62, Florida Administrative Code (F.A.C.), and in a Department and the water management districts, as referenced in Chapter 62-113, F.A.C. Based on the information you submitted, we have determined that your project is exempt from the need to obtain a DEP Environmental Resource Pernilt under Rule 40E-4.051(3)(c) and (4)(a), 2, Proprietary Review (related to state-owned lands) — NOT REQUIRED The Department acts as staff to the Board of Trustees submergf the ed lands.rnal The Department the au hoBty to reviewyour certain authorizations for the use of sovereign lands project under Chapters 253 and 258, F.S., Chapters 18-20 and 18-21, F.A.C., and Section 62-343.075, F.A.C. submerged land. Your project will not occur on sovereign blicsproptto erty to perform he proposed pChapter 253.77, Florida Statutes, ject you will not require authorization from the Board of Trustees to use p "More Protection, Less Process" Printed on recycled paper. ,n Balko file Number: 56-0177980-001, 002 Page Two 3. Federal Review (State Programmatic General Permit) - AUTHORIZATION GRANTED Federal authorization for the proposed project is reviewed by DEP pursuant to an agreement between the Department and the U.S. Army Corps of Engineers (the Corps) . The agreement is outlined in a document titled Coordination Agreement Between the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection State Programmatic General Permit, Section 10 of the Rivers and Harbor Act of 1899 and Section 404 of the Clean Water Act. Your project has been reviewed for compliance with a State Programmatic General Permit (SPGP). Your proposed activity as outlined on the attached drawings is in compliance with the SPGP program. U.S. Army Corps of Engineers (Corps) General conditions apply to your project, as attached. No further permitting for this activity is required by the Corps. The authority granted under this SPGP expires December 17, 2003. Your project must be completed prior to this expiration date. The determinations in this letter are based solely on the information provided to the Department and on the statutes and rules in effect when the application was submitted. The determinations are effective only for the specific activity proposed. These determinations shall automatically expire if site conditions materially change or if the governing statutes or rules are amended. In addition, any substantial modifications in your plans should be submitted to the Department for review, as changes may result in a permit being required. In any event, this determination shall expire after one year. This letter does not relieve you from the responsibility of obtaining other permits (federal, state, or local) that may be required for the project. NOTICE OF RIGHTS OF SUBSTANTIALLY AFFECTED PERSONS This letter acknowledges that the proposed activity is exempt from ERP permitting requirements under Rule 40E- 4.051(3)(c) and (4)(a), F.A.C. This determination is final and effective on the date filed with the Clerk of the Department, unless a sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120.57 of the Florida Statutes as provided below. If a sufficient petition for an administrative hearing is timely filed, this determination automatically becomes only proposed agency action subject to the result of the administrative review process. Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. The procedures for petitioning for a hearing are set forth in the attached notice. This determination is based on the information you provided the Department and the statutes and rules in effect when the application was submitted and is effective only for the specific activity proposed. This determination shall automatically expire if site conditions materially change or the governing statutes or rules are amended. In addition, any substantial modifications in your plans should be submitted to the Department for review, as changes may result in a permit being required. In any event, this determination shall.expire after one year. Be advised that your neighbors and other parties who may be substantially affected by the proposed activity allowed under this determination of exemption have a right to request an administrative hearing on the Department's decision that the proposed activity qualifies for this exemption. Because the administrative hearing process is designed to redetermine final agency action on the'6plication, the filing of a petition for an administrative hearing may result in a final determination that the proposed activity is. not authorized under the exemption established under Rule 40E-4.051(3)(c) and (4)(a), F.A.C. ,an Balko File Number: 56-0177980-001, 002 Page Three The Department will not publish notice of this determination. Publication of this notice by you is optional and is not required for you to proceed. However, in the event that an administrative hearing is held and the Department's determination is reversed, proceeding with the proposed activity before the time period for requesting an administrative hearing has expired would mean that the activity was conducted without the required permit. If you wish to limit the time within which all substantially affected persons may request an administrative hearing, you may elect to publish, at your own expense, the enclosed notice (Attachment A) in the legal advertisement section of a newspaper of general circulation in the county where the activity is to take place. A single publication will suffice. If you wish to limit the time within which any specific person(s) may request an administrative hearing, you may provide such person(s), by certified mail, a copy of this determination, including Attachment A. For the purposes of publication, a newspaper of genei,-1 circulation means a newspaper meeting the requirements of sections 50.011 and 50.031 of the Florida Statutes. In the event you do publish this notice, within seven days of publication, you must provide to the following address proof of publication issued by the newspaper as provided in section 50.051 of the -Florida Statutes. If you provide direct written notice to any person as noted above, you must provide to the following address a copy of the direct written notice. Florida Department of Environmental Protection, Southeast District - Port St. Lucie Branch Office Submerged Lands & Environmental Resources Program, 1801 SE Hillmoor Drive Suite C-204 Port St. Lucie, FL 34952 Thank you for applying. to the Submerged Lands and Environmental Resource Program. If you have questions regarding this matter, please. -contact Danna Civetti of this office, at telephone (561)398-2806. Sincerely, X00/7V"C' ��Gary N. Roderick Environmental Administrator GNR\DC�11 Enclosures: Federal General/Specific Conditions for SPGP III- Rl and Transfer Request Federal Manatee Conditions Attachment A- Notice of Determination of Qualification for Exemption cc: U.S. Army Corps of Engineers, Stuart [without enclosures] r_ Bella Marine Construction, Inc. (Agent) [without enclosures]