HomeMy WebLinkAboutLetter , South Florida Water MngtSouth Florida Water Management District
Individual Environmental Resource Permit No. 56-103039-P
Date Issued: July 1, 2020
Permittee:Pelican Pointe Homeowners West Association, Inc
1111 SE Federal Highway #100
Stuart, FL 34994
Project:
Pelican Pointe West Finger Pier Replacement
Application No. 200302-2923
Location:St Lucie County, See Exhibit 1
Your application for an Individual Environmental Resource Permit is approved.This action is taken based
on Chapter 373,Part IV,of Florida Statutes (F.S.)and the rules in Chapter 62-330,Florida Administrative
Code (F.A.C.).Unless otherwise stated,this permit constitutes certification of compliance with state water
quality standards under section 401 of the Clean Water Act,33 U.S.C.1341, and a finding of consistency
with the Florida Coastal Management Program. Please read this entire agency action thoroughly and
understand its contents.
This permit is subject to:
Not receiving a filed request for a Chapter 120, F.S., administrative hearing.
The attached General Conditions for Environmental Resource Permits.
The attached General Conditions for Authorizations.
The attached Special Conditions.
All referenced Exhibits.
All documents are available online through the District's ePermitting site at www.sfwmd.gov/ePermitting.
If you object to these conditions,please refer to the attached "Notice of Rights"which addresses the
procedures to be followed if you desire a public hearing or other review of the proposed agency action.
Please contact this office if you have any questions concerning this matter.If we do not hear from you in
accordance with the "Notice of Rights", we will assume that you concur with the District's action.
The District does not publish notices of action.If you wish to limit the time within which a person may
request an administrative hearing regarding this action,you are encouraged to publish,at your own
expense,a notice of agency action in the legal advertisement section of a newspaper of general circulation
in the county or counties where the activity will occur.Legal requirements and instructions for publishing a
notice of agency action,as well as a noticing format that can be used,are available upon request.If you
publish a notice of agency action,please send a copy of the affidavit of publication provided by the
newspaper to the District's West Palm Beach office for retention in this file.
If you have any questions regarding your permit or need any other information,please call us at
1-800-432-2045 or email ERP@sfwmd.gov.
Ricardo A. Valera, P.E.
Bureau Chief, Environmental Resource Bureau
Permit No: 56-103039-P, Page 1 of 18
South Florida Water Management District
Individual Environmental Resource Permit No. 56-103039-P
Date Issued: July 1, 2020 Expiration Date: July 1, 2025
Project Name:Pelican Pointe West Finger Pier Replacement
Permittee:Pelican Pointe Homeowners West Association,
Inc
1111 SE Federal Highway #100
Stuart, FL 34994
Operating Entity: Pelican Pointe Homeowners West Association,
Inc
1111 SE Federal Highway #100
Stuart, FL 34994
Location:
St Lucie County
Permit Acres:
0.90 acres
Project Land Use:
Recreational Including Golf
Special Drainage District:
N/A
Water Body Classification:
CLASS II
FDEP Water Body ID:
5003A
Wetland and Surface Water Impacts:
0.9 acres
Conservation Easement to District:
No
Sovereign Submerged Lands: Yes Type: Lease
Project Summary
This Environmental Resource Permit authorizes the replacement of five finger piers at an existing
9-slip multi-family docking facility. This permit includes a standard lease authorization to use
Sovereign Submerged Lands for the docking facility located on/over state-owned submerged
lands.
Issuance of this permit constitutes certification of compliance with state water quality standards in
accordance with Rule 62-330.062, F.A.C.
Site Description
The site is located south of Herman Bay in the Indian River Lagoon,within the Jensen Beach to
Jupiter Inlet Aquatic Preserve,Outstanding Florida Waters,adjoining an upland development
known as Pelican Pointe West on South Hutchinson Island,in St.Lucie County.Please refer to
Exhibit 1.0 for a location map.The docking facility was previously permitted under ERP
Application No. 010917-11.
For information on wetland and surface water impacts,please see the Wetlands and Other
Surface Water section of this permit.
Permit No: 56-103039-P, Page 2 of 18
Ownership, Operation and Maintenance
Perpetual operation and maintenance of the facility will be the responsibility of Pelican Pointe
Homeowners West Association,Inc. Upon conveyance or division of ownership or control of the
property,the permittee must notify the Agency in writing within 30 days,and the new owner must
request transfer of the permit.
Engineering Evaluation:
Water Quality
No adverse water quality impacts are anticipated as a result of the proposed project.The
permittee will be responsible for insuring that water quality standards are not violated during
construction of this project (Special Condition No. 4).
Permit No: 56-103039-P, Page 3 of 18
Environmental Evaluation:
Wetlands and Other Surface Waters
The project site contains tidal surface waters totaling 0.9 acres.Please see exhibit 2.0 for surface
water locations.
The project involves replacing the existing finger piers at the docking facility that
endured damaged due to Hurricane Irma.The new finger piers will extend 25 feet in length
and will be constructed within the limits of the existing sovereign submerged lands lease boundary
(BOT No.560033336).No submerged aquatic vegetation or other benthic resources were found
within or directly adjacent to the project area.
The project is not anticipated to result in any direct or secondary impacts to tidal surface waters or
benthic resources. Therefore, mitigation is not required.
Sovereignty Submerged Lands
The finger piers ares located on sovereignty submerged lands owned by the State of Florida;
therefore,it 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.The District is delegated the authority to take final agency action for this
application on behalf of the Board of Trustees, pursuant to Rule 18-21.0051(2), F.A.C.
The District has determined that the activity qualifies for and requires a lease modification,as long
as the work performed is located within the boundaries as described and is consistent with
Exhibit 3.0 and conditions herein.The final documents required to execute the lease
modification will be sent to the permittee by the Department of Environmental Protection’s
Division of State Lands (DSL)for execution.Upon satisfactory execution of those documents,
including payment of required fees and compliance with any conditions herein,the final document
will be issued by DSL.
Permit No: 56-103039-P, Page 4 of 18
Environmental Evaluation Tables:
Summary
Wetlands and Other Surface Waters: 0.9 acres
Direct Impacts: 0.9 acres
Secondary impacts: 0 acres
Net UMAM Functional Loss/ Gain: 0 units
Total Onsite Mitigation Area: 0 acres
Total Offsite Mitigation Area: 0 acres
Mitigation Provided in Permit No.:
Total Mitigation Bank Credits Provided
Mitigation Bank Type Total Credits
0
Total:0
Work in OSW
Activities in Wetlands or Other Surface Waters, Not Including Mitigation at a Bank
ID Acres Action Community Description Current Score With Project Score UMAM Loss
OSW 0.9 Works in Surface Waters Water 0.000
Total:0.9 0.000
Permit No: 56-103039-P, Page 5 of 18
Related Concerns:
Water Use Permit Status
Landscape irrigation and dewatering are not required for construction of this project.
This permit does not release the permittee from obtaining all necessary Water Use
authorization(s)prior to the commencement of activities which will require such authorization,
including construction dewatering and irrigation.
Historical/ Archeological Resources
No information has been received that indicates the presence of archaeological or historical
resources on the project site or indicating that the project will have any effect upon significant
historic properties listed,or eligible for listing in the National Register of Historic Places.This
permit does not release the permittee from complying with any other agencies requirements in the
event that historical and/or archaeological resources are found on the site.
Permit No: 56-103039-P, Page 6 of 18
General Conditions for Individual Environmental Resource Permits, 62-330.350, F.A.C.
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),(http://www.flrules.org/Gateway/reference.asp?No=Ref-02505),incorporated by
reference herein,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.,and shall be
submitted electronically or by mail to the Agency.However,for activities involving more than
one acre of construction that also require a NPDES stormwater construction general permit,
submittal of the Notice of Intent to Use Generic Permit for Stormwater Discharge from Large
and Small Construction Activities,DEP Form 62-621.300(4)(b),shall also serve as notice of
commencement of construction under this chapter and,in such a case,submittal of Form
62-330.350(1) is not required.
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.
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
Permit No: 56-103039-P, Page 7 of 18
applicable,a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.4
of Volume I)as filed with the Florida 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 and Maintenance
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.
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 prehistoric or historic artifacts,such as pottery or ceramics,projectile points,stone tools,
dugout canoes,metal implements,historic building materials,or any other physical remains
that could be associated with Native American,early European,or American settlement are
encountered at any time within the project site area,the permitted project shall cease all
activities involving subsurface disturbance in the vicinity of the discovery.The permittee or
other designee shall contact the Florida Department of State,Division of Historical Resources,
Compliance Review Section (DHR),at (850)245-6333,as well as the appropriate permitting
agency office.Project activities shall not resume without verbal or written authorization from
Permit No: 56-103039-P, Page 8 of 18
the Division of Historical Resources.If unmarked human remains are encountered,all work
shall stop immediately and the proper authorities notified in accordance with section 872.05,
F.S.For project activities subject to prior consultation with the DHR and as an alternative to the
above requirements,the permittee may follow procedures for unanticipated discoveries as set
forth within a cultural resources assessment survey determined complete and sufficient by
DHR and included as a specific permit condition herein.
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 Rule 62-330.090(7),F.A.C.Such notice is not an encumbrance
upon the property.
Permit No: 56-103039-P, Page 9 of 18
General Conditions for Authorizations for Use of Sovereign Submerged Lands, Rule
18-21.004(7), F.A.C.
All authorizations granted by rule or in writing under Rule 18-21.005,F.A.C.,except those for
aquaculture activities and geophysical testing,shall be subject to the general conditions as set
forth in paragraphs (a)through (i)below.The general conditions shall be part of all authorizations
under this chapter,shall be binding upon the grantee,and shall be enforceable under Chapter 253
or Chapter 258, Part II, F.S.
(a)Authorizations are valid 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 shall constitute a
violation.Violation of the authorization shall result in suspension or revocation of the grantee's use
of the sovereignty submerged land unless cured to the satisfaction of the Board.
(b)Authorizations convey no title to sovereignty submerged land or water column,nor do they
constitute recognition or acknowledgment of any other person's title to such land or water.
(c)Authorizations may be modified,suspended or revoked in accordance with their terms or the
remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18-14, F.A.C.
(d)Structures or activities shall be constructed and used to avoid or minimize adverse impacts to
sovereignty submerged lands and resources.
(e)Construction,use,or operation of the structure or activity shall 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.
(f)Structures or activities shall not unreasonably interfere with riparian rights.When a court of
competent jurisdiction determines that riparian rights have been unlawfully affected,the structure
or activity shall be modified in accordance with the court's decision.
(g) Structures or activities shall not create a navigational hazard.
(h)Structures shall be maintained in a functional condition and shall be repaired or removed if they
become dilapidated to such an extent that they are no longer functional.This shall not be
construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005,F.A.C.,
within one year, of a structure damaged in a discrete event such as a storm, flood, accident, or fire.
(i)Structures or activities shall be constructed,operated,and maintained solely for water
dependent purposes,or for non-water dependent activities authorized under paragraph
18-21.004(1)(g), F.A.C., or any other applicable law.
Permit No: 56-103039-P, Page 10 of 18
Special Conditions for Individual Environmental Resource Permits, 62-330.350, F.A.C.
1.The construction authorization for this permit shall expire on the date shown on page 2.
2.Operation of this facility shall be the responsibility of the Pelican Pointe Homeowners West
Association,Inc.The permittee shall notify the Agency in writing within 30 days of any
conveyance or division of ownership or control of the property or the system,and the new owner
must request transfer of the permit in accordance with Rule 62-330.340, F.A.C.
3.Prior to any future construction,the permittee shall apply for and receive an Individual ERP.As
part of the permit application,the applicant for that phase shall provide documentation verifying
that the proposed construction is consistent with the design of the master stormwater
management system, including the land use and site grading assumptions.
4.Prior to initiating construction activities associated with this Environmental Resource Permit
(ERP),the permittee is required to hold a pre-construction meeting with field representatives,
consultants,contractors,District Environmental Resource Bureau (ERB)staff,and any other
local government entities as necessary.The purpose of the pre-construction meeting is to
discuss construction methods,sequencing,best management practices,identify work areas,
staking and roping of preserves where applicable,and to facilitate coordination and assistance
amongst relevant parties.To schedule a pre-construction meeting,please contact ERB staff from
the West Palm Beach Office at (561)686-8800 or via e-mail at:pre-con@sfwmd.gov.When
sending a request for a pre-construction meeting,please include the application number,permit
number, and contact name and phone number.
5.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:
FWCConservationPlanningServices@MyFWC.com.
6.Weighted turbidity screens or other such turbidity control measures shall be utilized during
construction.The selected turbidity control measures shall be weighted to extend to the bottom
of the waterway and shall surround the construction/work areas.
7.Standard Manatee Conditions For In-Water Work (2011)
The permittee shall comply with the following conditions intended to protect manatees from direct
project effects:
a.All personnel associated with the project shall be instructed about the presence of manatees
and manatee speed zones,and the need to avoid collisions with and injury to manatees.The
permittee shall advise all construction personnel that there are civil and criminal penalties for
harming,harassing,or killing manatees which are protected under the Marine Mammal
Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.
b.All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at
Permit No: 56-103039-P, Page 11 of 18
all times while in the immediate area and while in water where the draft of the vessel provides
less than a four-foot clearance from the bottom.All vessels will follow routes of deep water
whenever possible.
c.Siltation or turbidity barriers shall be made of material in which manatees cannot become
entangled,shall be properly secured,and shall be regularly monitored to avoid manatee
entanglement or entrapment. Barriers must not impede manatee movement.
d.All on-site project personnel are responsible for observing water-related activities for the
presence of manatee(s).All in-water operations,including vessels,must be shutdown if a
manatee(s)comes within 50 feet of the operation.Activities will not resume until the manatee(s)
has moved beyond the 50-foot radius of the project operation,or until 30 minutes elapses if the
manatee(s)has not reappeared within 50 feet of the operation.Animals must not be herded
away or harassed into leaving.
e.Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and
Wildlife Conservation Commission (FWC)Hotline at 1-888-404-3922.Collision and/or injury
should also be reported to the U.S.Fish and Wildlife Service in Jacksonville (1-904-731-3336)
for north Florida or Vero Beach (1-772-562-3909)for south Florida,and to FWC at
ImperiledSpecies@myFWC.com
f.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.
Temporary signs that have already been approved for this use by the FWC must be used.One
sign which reads Caution:Boaters must be posted.A second sign measuring at least 8.5" by 11"
explaining the requirements for "Idle Speed/No Wake" and the shut down of in-water operations
must be posted in a location prominently visible to all personnel engaged in water-related
activities.These signs can be viewed at MyFWC.com/manatee.Questions concerning these
signs can be sent to the email address listed above.
8.Measures shall be taken during construction to insure that sedimentation and/or turbidity
violations do not occur in the receiving water.
9.No construction associated with the proposed finger piers described by this permit may
commence until a sovereign submerged lands lease modification has been issued by the Florida
Department of Environmental Protection.
10.Boat mooring at the docking facilities shall be limited to no more than a total of 9 vessels and
shall be limited to vessels with drafts that provide clearance of at least one foot above the top of
seagrasses at all times while mooring at the docking facility.
11.No fueling or fish cleaning facilities shall be installed or operated on the docking facilities that
are authorized herein for the life of the facility.
12.No liveaboards shall be allowed to dock at the docking facilities authorized by this permit for the
life of the facility.A liveaboard shall be defined as a vessel docked at the facility that is
inhabited by a person or persons for any two consecutive days or a total of seven days within a
30 day period.
13.No mooring shall be permitted on the landward side of the terminal platform,or on the south
side of the southernmost finger pier,or along the access pier.The permittee shall construct and
maintain handrails within these areas of the docking facility to prevent additional boat mooring.
Permit No: 56-103039-P, Page 12 of 18
14.The docking facilities authorized by this permit are for the private use of residents of the Pelican
Pointe West development.The permittee shall ensure that the docking facilities are not
subleased for revenue generating or liveaboard purposes.
15.Dock pilings shall be constructed of plastic,concrete or greenheart,non-CCA treated wood or
wood wrapped in 30 to 60 mil pvc.
Permit No: 56-103039-P, Page 13 of 18
Project Work Schedule for Permit No. 56-103039-P
The following activities are requirements of this Permit and shall be completed in accordance with the
Project Work Schedule below.Please refer to both General and Special Conditions for more information.
Any deviation from these time frames will require prior approval from the District’s Environmental
Resources Bureau and may require a minor modification to this permit.Such requests must be made in
writing and shall include:(1)reason for the change,(2)proposed start/finish and/or completion dates,and
(3) progress report on the status of the project.
Condition No.Date Added Description Due Date Date Satisfied
GC 4 07/01/2020 Construction Commencement Notice 48 hours prior to Construction
GC 6 07/01/2020 Submit Certification 30 Days After Construction Completion
GC 7 07/01/2020 Submit Operation Entity Documentation Within 30 days of Certification
SC 4 07/01/2020 Pre-Construction Meeting Prior to Construction
SC 15 07/01/2020 Install Dock Pilings 30 Days After Construction Completion
GC = General Condition
SC = Special Condition
Permit No: 56-103039-P, Page 14 of 18
Distribution List
Danna Small, DLS Environmental Services
City of Port St Lucie - Planning and Zoning Division
City of Port St Lucie - Public Works
US Army Corps of Engineers - Permit Section
St. Lucie County Engineer
St. Lucie County Planning and Development Services
City Of Fort Pierce
Permit No: 56-103039-P, Page 15 of 18
Exhibits
The following exhibits to this permit are incorporated by reference.The exhibits can be viewed by
clicking on the links below or by visiting the District's ePermitting website at
http://my.sfwmd.gov/ePermitting and searching under this application number 200302-2923 .
Exhibit No. 1.0 Location Map
Exhibit No. 2.0 Plans
Exhibit No. 3.0 DOA
Permit No: 56-103039-P, Page 16 of 18
NOTICE OF RIGHTS
As required by Chapter 120,Florida Statutes,the following provides notice of the opportunities
which may be available for administrative hearing pursuant to Sections 120.569 and 120.57,
Florida Statutes,or judicial review pursuant to Section 120.68,Florida Statutes,when the
substantial interests of a party are determined by an agency. Please note that this Notice of
Rights is not intended to provide legal advice. Some of the legal proceedings detailed below
may not be applicable or appropriate for your situation. You may wish to consult an attorney
regarding your legal rights.
RIGHT TO REQUEST ADMINISTRATIVE HEARING
A person whose substantial interests are or may be affected by the South Florida Water
Management District’s (District)action has the right to request an administrative hearing on
that action pursuant to Sections 120.569 and 120.57,Florida Statutes. Persons seeking a
hearing on a District decision which affects or may affect their substantial interests shall file a
petition for hearing in accordance with the filing instructions set forth herein within 21 days of
receipt of written notice of the decision unless one of the following shorter time periods apply:
(1)within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed
applications for environmental resource permits and use of sovereign submerged lands
pursuant to Section 373.427,Florida Statutes;or (2)within 14 days of service of an
Administrative Order pursuant to Section 373.119(1),Florida Statutes. "Receipt of written
notice of agency decision"means receipt of written notice through mail,electronic mail,posting,
or publication that the District has taken or intends to take final agency action. Any person who
receives written notice of a District decision and fails to file a written request for hearing within
the timeframe described above waives the right to request a hearing on that decision.
If the District takes final agency action that materially differs from the noticed intended agency
decision,persons who may be substantially affected shall,unless otherwise provided by law,
have an additional point of entry pursuant to Rule 28-106.111, Florida Administrative Code.
Any person to whom an emergency order is directed pursuant to Section 373.119(2),Florida
Statutes,shall comply therewith immediately,but on petition to the board shall be afforded a
hearing as soon as possible.
A person may file a request for an extension of time for filing a petition. The District may grant
the request for good cause. Requests for extension of time must be filed with the District prior
to the deadline for filing a petition for hearing. Such requests for extension shall contain a
certificate that the moving party has consulted with all other parties concerning the extension
and whether the District and any other parties agree to or oppose the extension. A timely
request for an extension of time shall toll the running of the time period for filing a petition until
the request is acted upon.
FILING INSTRUCTIONS
A petition for administrative hearing must be filed with the Office of the District Clerk. Filings
with the Office of the District Clerk may be made by mail,hand-delivery,or e-mail. Filings by
facsimile will not be accepted. A petition for administrative hearing or other document is
deemed filed upon receipt during normal business hours by the Office of the District Clerk at
the District’s headquarters in West Palm Beach,Florida. The District’s normal business hours
are 8:00 a.m.–5:00 p.m.,excluding weekends and District holidays. Any document received
by the Office of the District Clerk after 5:00 p.m.shall be deemed filed as of 8:00 a.m.on the
next regular business day.
Rev. 1/16/20 1 Permit No: 56-103039-P, Page 17 of
18
Additional filing instructions are as follows:
Filings by mail must be addressed to the Office of the District Clerk,3301 Gun Club Road,
West Palm Beach, Florida 33406.
Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a
petition to the District's security desk does not constitute filing. It will be necessary to
request that the District's security officer contact the Office of the District Clerk. An
employee of the District's Clerk's office will receive and process the petition.
Filings by e-mail must be transmitted to the Office of the District Clerk at clerk@sfwmd.gov.
The filing date for a document transmitted by electronic mail shall be the date the Office of
the District Clerk receives the complete document.
INITIATION OF ADMINISTRATIVE HEARING
Pursuant to Sections 120.54(5)(b)4.and 120.569(2)(c),Florida Statutes,and Rules 28-106.201
and 28-106.301,Florida Administrative Code,initiation of an administrative hearing shall be
made by written petition to the District in legible form and on 8 1/2 by 11 inch white paper. All
petitions shall contain:
Identification of the action being contested,including the permit number,application1.
number, District file number or any other District identification number, if known.
The name,address,any email address,any facsimile number,and telephone number of2.
the petitioner, petitioner’s attorney or qualified representative, if any.
An explanation of how the petitioner’s substantial interests will be affected by the agency3.
determination.
A statement of when and how the petitioner received notice of the District’s decision.4.
A statement of all disputed issues of material fact. If there are none,the petition must so5.
indicate.
A concise statement of the ultimate facts alleged,including the specific facts the petitioner6.
contends warrant reversal or modification of the District’s proposed action.
A statement of the specific rules or statutes the petitioner contends require reversal or7.
modification of the District’s proposed action.
If disputed issues of material fact exist,the statement must also include an explanation of8.
how the alleged facts relate to the specific rules or statutes.
A statement of the relief sought by the petitioner,stating precisely the action the petitioner9.
wishes the District to take with respect to the District’s proposed action.
MEDIATION
The procedures for pursuing mediation are set forth in Section 120.573,Florida Statutes,and
Rules 28-106.111 and 28-106.401–.405,Florida Administrative Code. The District is not
proposing mediation for this agency action under Section 120.573,Florida Statutes,at this
time.
RIGHT TO SEEK JUDICIAL REVIEW
Pursuant to Section 120.68,Florida Statutes,and in accordance with Florida Rule of Appellate
Procedure 9.110,a party who is adversely affected by final District action may seek judicial
review of the District's final decision by filing a notice of appeal with the Office of the District
Clerk in accordance with the filing instructions set forth herein within 30 days of rendition of the
order to be reviewed,and by filing a copy of the notice with the appropriate district court of
appeals via the Florida Courts E-Filing Portal.
Rev. 1/16/20 2 Permit No: 56-103039-P, Page 18 of
18
PELICANPOINTEDR
SFWMD GeoSpatial Services
¯
REGULATION DIVISION
South Florida Water Management District
Exhibit No:1.0 Exhibit Created On:
Created by IT GIS Section
2020-03-02 ST. LUCIE COUNTY, FL Application
Permit No: 56-01328-P
Application Number: 200302-2923Project Name: Pelican Pointe West Finger Pier Replacement
0 290145Feet
SCALE:
1901 SW Yellowtail Avenue
Port Saint Lucie, FL 34953
Phone: 772-215-3997 Fax: 772-879-4520
www.dlsenvironmentalservices.com
Pelican Pointe West HOA, Inc.
Pelican Pointe Drive
Jensen Beach, Florida
INDIAN RIVER
WATERBODY WIDTH
10,950’±
APPROX. MHW
LINE
MANGROVES
***NOTES***
-WORK CONSISTED OF REPLACING THE EXISTING FINGER PIERS (5 TOTAL) WITH 4’ X 24.5’ FINGER PIERS
-ALL FINGER PIER PILES 8”Ø MARINE PILES –30 TOTAL
-ALL PILES WRAPPED IN INDUSTRY STANDARD, INERT, NON-LEACHING SYNTHETIC MATERIAL
1’ ABOVE MHW TO 1’ BELOW SUBSTRATE
-ALL OTHER STRUCTURES WERE EXISTING –NO CHANGES OR REPLACEMENT REQUIRED
-EXISTING DOCK TOTALS 3,834 SQ. FT. WATERWARD OF MHW AND 252 SQ. FT. LANDWARD OF MHW
OVERALL DOCK PLAN VIEW
15’
GRAPHIC SCALE
30’0’
1” = 30’FEB 2020 SHEET 3
Exhibit 2.0 Permit No. 56-103039-P Page 1 of 3
SCALE:
1901 SW Yellowtail Avenue
Port Saint Lucie, FL 34953
Phone: 772-215-3997 Fax: 772-879-4520
www.dlsenvironmentalservices.com
Pelican Pointe West HOA, Inc.
Pelican Pointe Drive
Jensen Beach, Florida
FINGER PIER
PLAN VIEW DETAIL
8” Ø ABOVE DECK
MARINE PILES
4’
GRAPHIC SCALE
0’2’4’
1” = 4’
2” X 6” P.T. DECKING WITH
1/2“ SPACING BETWEEN DECK BOARDS
FEB 2020 SHEET 4
24.5’
8’
PLATFORM
***NOTES***
-WORK CONSISTED OF REPLACING THE EXISTING FINGER PIERS (5 TOTAL) WITH 4’ X 24.5’ FINGER PIERS
-ALL FINGER PIER PILES 8”Ø MARINE PILES –30 TOTAL
-ALL DECKING ON FINGER PIERS 2” X 6” P.T. WOOD DECKING –1/2“ SPACING BETWEEN DECK BOARDS
Exhibit 2.0 Permit No. 56-103039-P Page 2 of 3
SCALE:
1901 SW Yellowtail Avenue
Port Saint Lucie, FL 34953
Phone: 772-215-3997 Fax: 772-879-4520
www.dlsenvironmentalservices.com
Pelican Pointe West HOA, Inc.
Pelican Pointe Drive
Jensen Beach, Florida
FINGER PIER
CROSS SECTION VIEW
5.3’±
MHW
MLW
SUBSTRATE
24.5’
2” X 6” P.T. DECKING
WITH 1/2“ SPACING
BETWEEN DECK BOARDS
FEB 2020
GRAPHIC SCALE
0’2’4’
1” = 4’SHEET 5
***NOTES***
-WORK CONSISTED OF REPLACING THE EXISTING FINGER PIERS (5 TOTAL) WITH 4’ X 24.5’ FINGER PIERS
-ELEVATION DATUM IS MLW
MHW = -0.33 NAVD 88 MLW = -1.33 NAVD 88
-ALL FINGER PIER PILES 8”Ø MARINE PILES –30 TOTAL
-ALL DECKING ON FINGER PIERS 2” X 6” P.T. WOOD DECKING –1/2“ SPACING BETWEEN DECK BOARDS
4’±
4’±
15”±STEP
DOWN
Exhibit 2.0 Permit No. 56-103039-P Page 3 of 3