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HomeMy WebLinkAboutFDEP Permitleb Bush
Governor
140V 2 2 2000
Department of
Environmental Protection
Southeast District
P.O. Box 15425 David B. Struhs
West Palm Beach, Florida 33416 Secretary
Certified -Return Receipt Requested %W-0(0h'hA4-1S99.97%j1
Harbour Ridge Property Owner's Association
c/o Mr. Dave Bailey
12600 Harbour Ridge Blvd.
Palm City, FL 34990
Dear Mr. Bailey:
Enclosed is Individual Environmental Resource Permit No. 56-0141946-007 issued pursuant to Part IV
of Chapter 373, Florida Statutes (F.S.), and Title 62, Florida Administrative Code (F.A.C.).
Appeal rights for you as the permittee and for any affected third party are described in the text of the
permit along with conditions which must be met when permitted activities are undertaken. Please review
this document carefully to ensure compliance with both the general and specific conditions contained
herein. As the permittee, you are responsible for compliance with these conditions. Please ensure all
construction personnel associated with your activity review and understand the approved drawings
and conditions. Failure to comply with this permit may result in liability for damages and restoration,
and the imposition of civil penalties up to $10,000.00 per violation per day pursuant to Sections 403.141
and 403.161, F.S.
In addition please ensure the construction commencement notice and all other reporting conditions are
forwarded to the appropriate office as indicated in the specific conditions.
If you have any questions about this document, please contact me at 561/681-6634.
Sincerely,
Jayne E. Bergstrom
Environmental Specialist III
Submerged Lands & Environmental
Resources Program
"More Protection, Less Process"
Printed on recycled paper.
Jeb Bush
Governor
Department of
Environmental Protection
Southeast District
P.O. Box 15425 David B. Struhs
West Palm Beach, Florida 33416 Secretary
CONSOLIDATED ENVIRONMENTAL RESOURCE PERMIT AND SOVEREIGN
SUBMERGED LANDS AUTHORIZATION
PERMITTEE/AUTHORIZED ENTITY:
Harbour Ridge Property Owner's Association
c/o Mr. Dave Bailey
12600 Harbour Ridge Blvd.
Palm City, FL 34990
Permit/Authorization No.: 56-0141946-007
Date of Issue: NOV 2 2 20M
Expiration Date of
Construction Phase: NOV .2 '1 2005
County: St. Lucie County
Project: Marina Reconfiguration and Lease
Modification
This permit is issued under the authority of Part IV of Chapter 373, Florida Statutes (F.S.), and
Title 62, Florida Administrative Code (F.A.C.). The activity is not exempt from the requirement to obtain
an Environmental Resource Permit. Pursuant to Operating Agreements executed between the Department
and the water management districts, as referenced in Chapter 62-113, F.A.C., the Department is
responsible for reviewing and taking final agency action on this activity.
ACTIVITY DESCRIPTION:
The purpose of the project is to modify the configuration of existing private, multi -slip docking
facilities in order to accommodate larger vessels and to modify an existing submerged land lease.
Marina Dock 1
The project is to do the following: a) remove and construct a new wave arrestor along the
northernmost access dock; b) install 13 wooden mooring"piles within the eastern portion of the marina; c)
remove a wave arrestor on the western perimeter of the marina; d) remove 8 concrete pilings and install
10 wooden mooring pilings within the western portion of the marina; e) remove four 3-ft. by 10-ft. finger
piers on the southwestern access dock; f) remove a 3-ft by 25-ft. finger pier from the southwestern access
dock; and g) extend an existing finger pier on the southwestern access dock from 3-ft. by 25-ft. to 3-ft. by
44-ft. These modifications will result in a decrease of over water surface area of 63 square feet and an
increase in lease area of 5,788.09 square feet.
Marina Dock 2
The purpose of the project is to do the following: a) remove and construct a new wave arrestor
along the northernmost access dock; b) install 9 wooden mooring piles within the eastern portion of the
marina; c) extend 4 existing finger piers on the southern access dock from 3-ft. by 19-ft. to 3-ft. by 25-ft;
d) install 9 wooden mooring piles within the western portion of the marina; and e) construct a
handicapped accessible 6-ft. by 36-ft. ramp with a 6-ft. by 20-ft. floating terminal platform onto the
"More Protection, Less Process"
Printed an recycled paper.
ig
Permittee: Harbour Ridge Property Owner's Association
File No.: 56-0141946-007
Page 2
existing central access dock. The modifications will result in an increase of over water surface area of
390 square feet and an increase in lease area of 4,452 square feet.
Marina Dock 3
The purpose of the project is to do the following: a) remove and construct 2 new wave arrestors;
b) install 20 wooden mooring piles within the marina; c) remove the southernmost existing 6-ft. by 175-ft.
access dock; and d) remove four 3-ft. by 25-ft. finger piers from the northernmost access dock and replace
them by constructing four 3-ft. by 25-ft. finger piers. These modifications will result in a reduction of
over water surface area of 990 square feet and a decrease in lease area of 10,818.4 square feet.
ACTIVITY LOCATION:
The project is located within the North Fork St. Lucie Aquatic Preserve, Class III Waters,
Outstanding Florida Waters, within the Harbour Ridge residential development at 12600 Harbour Ridge
Blvd., in Palm City, St. Lucie County (Section(s) 25 and 26, Township 37 South, Range 40 East),
Latitude 27°14'03"N, Longitude 80°18'32"W.
This permit also constitutes a finding of consistency with Florida's Coastal Zone Management Program,
as required by Section 307 of the Coastal Management Act.
This permit also constitutes certification of compliance with water quality standards under Section 401
of the Clean Water Act, 33 U.S.C. 1341.
This activity also requires a proprietary authorization, as the activity is located on sovereign submerged
lands owned by the Board of Trustees of the Internal Improvement Trust Fund, pursuant to Article X, Section
11 of the Florida Constitution, and Sections 253.002 and 253.77, F.S. The activity is not exempt from the need
to obtain a proprietary authorization. The Department has the responsibility to review and take final action on
this request for proprietary authorization in accordance with Section 18-21.0051, and the Operating Agreements
executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C.
In addition to the above, this proprietary authorization has been reviewed in accordance with Chapter 253 and
Chapter 258, F.S., Chapter 18-20, Chapter 18-21, Section 62-343.075, F.A.C., and the policies of the Board of
Trustees.
As staff to the Board of Trustees, the Department has reviewed the activity described above, and
has determined that the activity requires a lease modification (Lease #560707729) for the use of those
lands, pursuant to Chapter 253.77, F.S. The Department intends to issue the lease modification subject to
the recommended fees and conditions in the Recommended Proprietary Action.
The final documents required to execute the lease modification have been sent to the Division of
State Lands. The Department intends to issue the lease modification upon satisfactory execution of those
documents. You may not begin construction of this activity on state-owned, sovereign submerged
lands until the lease modification has been executed to the satisfaction of the Department.
This permit constitutes a determination, pursuant to Section 380.0651(3)(e), F.S., that the facility
is located so that it will not adversely impact Outstanding Florida Waters or Class II Waters, and will not
contribute to boat traffic in a manner that will adversely impact the manatee.
.. ,
Permittee: Harbour Ridge Property Owner's Association
File No.: 56-0141946-007
Page 3
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 (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). As shown on the attached drawings, the proposed project is not consistent with the SPGP
program. A copy of your. application has been sent to the Corps who may require a separate permit.
Failure to obtain their authorization prior. to construction could subject you to enforcement action. For
further information, contact the Corps directly.
You are hereby advised that authorizations also may be required by other federal, state, and local
entities. This authorization does not relieve you from the requirements to obtain all other required
permits and authorizations.
The above named permittee is hereby authorized to construct the work shown on the application
and approved drawing(s), plans, and other documents attached hereto or on file with the Department and
made a part hereof. This permit and authorization -to use sovereign submerged lands is subject to
the limits, conditions, and locations of work shown in the attached drawings, and is also subject to
the attached 19 General Conditions, and 20 Specific Conditions, which are a binding part of this
permit and authorization. You are advised to read and understand these drawings and conditions prior
to commencing the authorized activities, and to ensure the work is conducted in conformance with all the
terms, conditions, and drawings. If you are utilizing a contractor, the contractor also should read and
understand these drawings and conditions prior to commencing the authorized activities. Failure to
comply with all drawings and conditions shall constitute grounds for revocation of the permit and
appropriate enforcement action.
Operation of the facility is not authorized except when determined to be in conformance with all
applicable rules and with the general and specific conditions of this permit/certification/authorization, as
specifically described below.
GENERAL CONDITIONS:
(1) - All activities authorized by this permit shall be implemented as set forth in the plans,
specifications and performance criteria as approved by this permit. Any deviation from the permitted
activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part
IV, Chapter 373, F.S.
(2) This permit or a copy thereof, complete with all conditions, attachments, exhibits, and
modifications shall be kept at the work site of the permitted activity. The complete permit shall be
available for review at the work site upon request by the Department staff. The permittee shall require the
contractor to review the complete permit prior to commencement of the activity authorized by this permit. :T
(3) Activities approved by this permit shall be conducted in a manner which does not cause
violations of state water quality standards. The permittee shall implement best management practices for
erosion and pollution control to prevent violation of state water quality standards. Temporary erosion
control shall be implemented prior to and during construction, and permanent control measures shall be
completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained
., .
Permittee: Harbour Ridge Property Owner's Association
File No.: 56-0141946-007
Page 4
at all locations where the possibility of transferring suspended solids into the receiving waterbody exists
due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is
completed and soils are stabilized and vegetation has been established. All practices shall be in
accordance with the guidelines and specifications described in Chapter 6 of the Florida Land
Development Manual; A Guide to Sound Land and Water Management (Department of Environmental
Regulation, 1988), unless a project -specific erosion and sediment control plan is approved as part of the
permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall
correct any erosion or shoaling that causes adverse impacts to the water resources.
(4) The permittee shall notify the Department of the anticipated construction start date within
30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity
authorized by, this permit, the permittee shall submit to the Department an "Environmental Resource
Permit Construction Commencement" notice (Form No. 62-343.900(3), F.A.C.) indicating the actual start
date and the expected completion date.
(5) When the duration of construction will exceed one year, the permittee shall submit
construction status reports to the Department on an annual basis utilizing an "Annual Status Report Form"
(Form No. 62-343.900(4), F.A.C.). Status Report Forms shall be submitted the following June of each
year.
(6) Within 30 days after completion of construction of the permitted activity, the
permittee shall submit a written statement of completion and certification by a registered professional
engineer or other appropriate individual as authorized by law, utilizing the supplied "Environmental
Resource Permit As -Built Certification by a Registered Professional" (Form No. 62-343.900(5), F.A.C.).
The statement of completion and certification shall be based on on -site observation of construction or
review of as -built drawings for the purpose of determining if the work was completed in compliance with
permitted plans and specifications. This submittal shall serve to notify the Department that the system is
ready for inspection. Additionally, if deviation from the approved drawings are discovered during the
certification process, the certification must be accompanied by a copy of the approved permit drawings
.with deviations noted. Both the original and revised specifications must be clearly shown. The plans
must be clearly labeled as "as -built" or "record" drawing. All surveyed dimensions and elevations shall
be certified by a registered surveyor.
(7) The operation phase of this permit shall not become effective: until the permittee has
complied with the requirements of condition (6) above, has submitted a "Request for Transfer of
Environmental Resource Permit Construction Phase to Operation Phase" (Form No. 62-343.900(7),
F.A.C.); the Department determines the system to be in compliance with the permitted plans and
specifications; and the entity approved by the Department in accordance with Sections 9.0 and 10.0 of the
Basis of Review for Environmental Resource Permit Applications Within the South Florida Water
Management District - August 1995, accepts responsibility for operation and maintenance of the system.
The permit shall not be transferred to such approved operation and maintenance entity until the operation
phase of the permit becomes effective. Following inspection and approval of the permitted system by the
Department, the permittee shall initiate transfer of the permit to the approved responsible operating entity
if different from the permittee. Until the permit is transferred pursuant to Section 62-343.110(1)(d),
F.A.C., the permittee shall be liable for compliance with the terms of the permit.
(8) Each phase or independent portion of the permitted system must be completed in
accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of
-, site infrastructure located within the area served by that portion or phase of the system. Each phase or
independent portion of the system must be completed in accordance with the permitted plans and permit
conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the
system to a local government or other responsible entity.
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Permittee: Harbour Ridge Property Owner's Association
File No.: 56-0141946-007
Page 5
(9) For those systems that will be operated or maintained by an entity that will require an
easement or deed restriction in order to enable that entity to operate or maintain the system in
conformance with this permit, such easement or deed restriction must be recorded in the public records
and submitted to the Department along with any other final operation and maintenance documents
required by sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications
Within the South Florida Water Management District - August 1995, prior to lot or unit sales or prior to
the completion of the system, whichever occurs first. Other documents concerning the establishment and
authority of the operating entity must be filed with the Secretary of State where appropriate. For those
systems which are proposed to be maintained by the county or municipal entities, final operation and
maintenance documents must be received by the Department when maintenance and operation of the
system is accepted by the local government entity. Failure to submit the appropriate final documents will
result in the permittee remaining liable for carrying out maintenance and operation of the permitted
system and any other permit conditions.
(10) Should any other regulatory agency require changes to the permitted system, the
permittee shall notify the Department in writing of the changes prior to implementation so that a
determination can be made whether a permit modification is required.
(11) This permit does not eliminate the necessity to obtain any required federal, state, local
and special district authorizations prior to the start of any activity approved by this permit . This permit
does not convey to the permittee or create in the permittee any property right, or any interest in real
property, nor does it authorize any entrance upon or activities on property which is not owned or
controlled by the permittee, or convey any rights or privileges other than those specified in the permit and
Chapter 40E-4 or Chapter 40E-40, F.A.C.
(12) The permittee is hereby advised that Section 253.77, F.S. states that a person may not
commence any excavation, construction, or other activity involving the use of sovereign or other lands of
the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund
without obtaining the required lease, license, easement, or other form of consent authorizing the proposed
use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of
Trustees prior to commencing activity on sovereignty lands or other state-owned lands.
(13) The permittee is advised that the rules of the South Florida Water Management District
require the permittee to obtain a water use permit from the South Florida Water Management District
prior to construction dewatering, unless the work qualifies for a general permit pursuant to subsection
40E-20.302(4), F.A.C., also known as the "No Notice" rule.
(14) The permittee shall hold and save the Department harmless from any and all damages,
claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance,
removal, abandonment or use of any system authorized by the permit.
(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 section 373.421(2), F.S.,
provides otherwise.
(16) The permittee shall notify the Department in writing within 30 days of any sale,
conveyance, or other transfer of ownership or control of a permitted system or the real property on which
the permitted system is located. All transfers of ownership or transfers of a permit are subject to the
requirements of section 62-343.130, F.A.C. The permittee transferring the permit shall remain liable for
corrective actions that may be required as a result of any violations prior to the sale, conveyance or other
transfer of the system.
Permittee: Harbour Ridge Property Owner's Association
File No.: 56-0141946-007
Page 6
(17) Upon reasonable notice to the permittee, Department authorized staff with proper
identification shall have permission to enter, inspect, sample and test the system to insure conformity with
the plans and specifications approved by the permit.
(18) If historical or archaeological artifacts are discovered at any time on the project site, the
permittee shall immediately notify the appropriate Department office.
(19) The permittee shall immediately notify the Department in writing of any previously
submitted information that is later discovered to be inaccurate.
SPECIFIC CONDITIONS:
(1) The terms, conditions, and provisions of the required lease modification shall be met.
Construction of this activity shall not commence on sovereign submerged lands, title to which is held by
the Board of Trustees of the Internal Improvement Trust Fund, until all required lease modification
documents have been executed to the satisfaction of the Department.
(2) The project drawings, sheets 1 through 13; the 4-page Manatee Exhibit; and DEP forms
62.343.900(3), (4), (5), and (7) are attached to and become part of this permit.
(3) 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. The permittee shall contact the
Department in writing to schedule the conference Department of Environmental Protection, Southeast
District Branch Office, Submerged Lands & Environmental Resources Program,
Compliance/Enforcement Section, 1801 SE Hillmoor Drive, Ste. C 204, Port St. Lucie, FL 34952.
(4) The work authorized by this permit shall not be conducted on any property, other than that owned
by the permittee, without the prior written approval of that property owner.
(5) All storage or stockpiling of tools or materials (i.e. lumber, pilings, etc.) shall be limited to
uplands or within the impact areas authorized by this project.
(6) All watercraft associated with the construction of the permitted structure shall only operate within
waters of sufficient depth so as avoid damage to seagrass beds, preclude bottom scouring or prop
dredging.
(7) The permittee shall comply with the standard manatee protection construction conditions listed in
the attachment, "Standard Manatee Construction Conditions, March 1996."
(8) At least one person should be designated as a manatee observer when in -water work is being
performed. That person should have experience in manatee observation, and be equipped with polarized
sunglasses to aid in observation. The manatee observer should be on site during all in -water construction
activities and will advise personnel to cease operation upon sighting a manatee within 50 feet. Movement
of a work barge, other associated vessels, or any in -water work should not be performed at night, when
the possibility of spotting manatees in negligible.
(9) Prior to the initiation of any work authorized by this permit, floating turbidity screens with
weighted skirts that extend to of the bottom shall be placed around the perimeter of the marina under
Permittee: Harbour Ridge Property Owner's Association
File No.: 56-0141946-007
Page 7
construction. The screens shall be maintained and shall remain in place for the duration of the project
construction to ensure that turbidity levels outside the construction area do not degrade the ambient water
quality of Outstanding Florida Waters. The permittee shall be responsible for ensuring that turbidity
control devices are inspected daily and maintained in good working order so that there is no degradation
of the ambient water quality of Outstanding Florida Waters outside of the turbidity screens. Turbidity
shall be monitored as described in the monitoring portion of this permit.
The following measure shall be taken by the permittee whenever turbidity levels within waters of the
State surrounding the project site, exceed the ambient water quality levels of the Outstanding Florida
Waters:
a. Notify the DEP-Southeast District Branch Office ERP Compliance/Enforcement Section
at 561/398-2806 within 24 hours of the time the violation is first detected.
b. Immediately cease all work contributing to the water quality violation and do not
continue any in or over water work until approval has been given by DEP staff.
C. Modify the work procedures that were responsible for the violation and install more
turbidity containment devices and repair any non-functioning turbidity
containment devices.
(10) Should any damage to the nearby seagrass beds as a result of the dock construction occur, the
permittee shall contact the Department of Environmental Protection, Southeast District, Office ERP
Compliance/Enforcement Section at 561/398-2806 within 24 hours of the time the violation is first
detected and shall then request a meeting to discuss remediation by reestablishing the pre -construction
elevations and replanting seagrass of the same species, size and density as that in the adjacent areas.
(11) All mooring at the marina facility shall occur only within the boundaries of the submerged land
lease. Preemption of additional state lands shall require a lease modification.
(12) The permittee shall place a "Temporary Mooring Only" sign on the 6-ft. by 36-ft. ramp with a 6-
ft. by 20-ft. floating terminal platform proposed for Marina Dock 2. The sign shall be maintained for the
life of the facility. This structure shall only be used for the loading and offloading of passengers.
(13) The permittee shall not allow any vessels exceeding a prop or keel draft of 5.5 feet to moor at the
facility or leased area based on data that shows the existing water depths within the marinas to be —6 to —7
at MLW. Accommodation of any larger drafted vessel on a regular basis will require prior written
authorization from the Department in the form of a modification of the permit. This is required to give the
Department an opportunity to assess potential environmental impacts from changes in use of the facility
that were not considered during the process of this permit.
(14) The slips shall not be occupied by liveaboards. The term "liveaboard" is defined as a vessel
docked at the facility and inhabited by a person or persons for any five (5) consecutive days or a total of
ten (10) days within a thirty (30) day period.
(15) The following activities are prohibited at the facilities: (a) boat maintenance or repair activities
requiring removal of a vessel from the water or removal of any major portions of the vessel, including the
engine, for purposes of routine repair or maintenance on site; (b) hull cleaning involving the scraping or
Permittee: Harbour Ridge Property Owner's Association
File No.: 56-0141946-007
Page 8
jet washing of fouling organisms; (c) hull painting; (d) any discharges or release of oils or greases
associated with engine and hydraulic repairs; or (e) any discharges or release of metal based bottom paints
associated with hull scraping, cleaning, and painting. The following activities are authorized at the
facility: (a) removal of a vessel that is necessitated by emergency conditions which have resulted in or
can result in the sinking of a vessel or (b) minor repairs and boat maintenance that will not cause or
contribute to the release of water pollutants (these activities must be performed by the vessels owner or
qualified marine mechanics).
(16) There shall be no un-plumbed fish cleaning stations, boat repair facilities and fueling facilities on
any structure that is over the water.
(17) No overboard discharges of trash, human or animal waste, or fuel shall occur at the dock.
(18) There shall be a portable pump -out facility on site at all times. The lessee and marina operations
staff shall inform all slip occupants in writing of the availability and requirement to use the sewage pump -
out facilities provided within the marina.
(19) Copies of the St. Lucie County and Martin County Manatee Protection Zones" booklet (available
free of charge from the Florida Inland Navigation District 561-627-3386) shall be distributed to each
marina occupant and made available within the Dock Master Office.
(20) "Permanent Manatee Signs" signs were installed prior to the facility opening and beginning
operations. These signs shall be replaced in the event the signs fade or become damaged, and should be
maintained for the life of the facility in a manner acceptable to the Department.
RIGHTS OF AFFECTED PARTIES
This permit intent to grant a lease modification sovereign submerged lands is (are) hereby
granted. This action 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 action automatically becomes only proposed agency action on the application, 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 actual terms of the lease
modification will be formally executed at a later date and shall include provisions for rents and such other
provisions as normally are included in such leases. Because an administrative hearing may result in the
reversal or substantial modification of this action, the applicant is advised not to commence construction
or other activities until the deadlines noted below for filing a petition for an administrative hearing or
request for an extension of time have expired and until the lease has been executed and delivered.
Mediation is not available.
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 of the Florida Statutes. The
petition must contain the information set forth below and 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.
M .
Permittee: Harbour Ridge Property Owner's Association
File No.: 56-0141946-007
Page 9
Under rule 62-110.106(4) of the Florida Administrative Code, a person whose substantial
interests are affected by the Department's action may also request an extension of time to file a petition
for an administrative hearing. The Department may, for good cause shown, grant the request for an
extension of time. Requests for extension of time must be filed with the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before
the applicable deadline. 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. If a request is filed late, the Department may still grant
it upon a motion by the requesting party showing that the failure to file a request for an extension of time
before the deadline was the result of excusable neglect.
If a timely and sufficient petition for an administrative hearing is filed, other persons whose
substantial interests will be affected by the outcome of the administrative process have the right to
petition to intervene in the proceeding. Intervention will be permitted only at the discretion of the
presiding officer upon the filing of a motion in compliance with rule 28-106.205 of the Florida
Administrative Code.
In accordance with rules 28-106.111(2) and 62-110.106(3)(a)(4), petitions for an administrative
hearing by the applicant 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) of the Florida Statutes must be filed within 14 days of publication of the notice or within 14
days of receipt of the written notice, whichever occurs first. Under section 120.60(3) of the Florida
Statutes, however, any person who has asked the Department for notice of agency action may file a
petition within 14 days of receipt of such notice, regardless of the date of publication.
The petitioner shall mail a copy of the petition to the applicant at the address indicated above at
the time of filing. The failure of any person to file a petition for an administrative hearing 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 of the Florida Statutes.
A petition that disputes the material facts on which the Department's action is based 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, and telephone number of the petitioner; the name, address, and telephone
number of the petitioner's representative, if any, which shall be the address for service purposes
during the course of the proceeding; and an explanation of how the petitioner's substantial
interests are or will be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner
contends warrant reversal or modification of the agency's proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or
modification of the agency's proposed action; 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.
L�
Permittee:• Harbour Ridge Property Owner's Association
File No.: 56-0141946-007
Page 10
A petition that does not dispute the material facts on which the Department's action is based shall
state that no such facts are in dispute and otherwise shall contain the same information as set forth above,
as required by rule 28-106.301.
Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing
must be dismissed by the agency if the petition does not substantially comply with the above
requirements or is untimely filed.
This permit constitutes an order of the Department. Subject to the provisions of paragraph
120.68(7)(a) of the Florida Statutes, which may require a remand for an administrative hearing, the
applicant has the right to seek judicial review of the order under section 120.68 of the Florida Statutes, by
the filing of a notice of appeal under rule 9.110 of the Florida Rules of Appellate Procedure with the
Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station
35, Tallahassee, Florida, 32399-3000; and by filing a copy of the notice of appeal accompanied by the
applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed
within 30 days from the date when the order is filed with the Clerk of the Department.
Executed in West Palm Beach, Florida.
MLM/mcm/tr/jb
Copies furnished to:
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
M lissa L. Meeker e
Dir o o District Mbnagement
Southeast District
DEP, Division of State Lands, Kim Dupree
U. S. Army Corps of Engineers
St. Lucie County Planning Division
Department of Community Affairs
Carol Knox, FFWCC, Bureau of Protected Species
Mr. Mike Kiefer
Kimley-Horn and Associates, Inc.
2400 SE Federal Hwy., Suite.320
Stuart, FL 34994
Permittee: Harbour Ridge Property Owner's Association
File No.: 56-0141946-007
Page 11
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this permit and authorization
to use sovereign submerged lands, including all copies, were mailed before the close of business on
NOV 9 2 2W , to the above listed persons.
FILING AND ACKNOWLEDGMENT
FILED, on this date, under 120.52(7) of the
Florida Statutes, with the designated Department Clerk,
receipt of which is hereby acknowledged.
Clerk Date
Prepared by Jayne E. Bergstrom, ES III.
21 pages attached.
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2000 IOWLEY-HORN AND ASSOC. INC.
DATE:
SCALE
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FIGURE:
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MAR 00
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© 2000 KIMLEY-HORN AND ASSOC. INC.
(561)286-2190 FAX (561)286-0138
DATE:
MAR 00
SCALE:
1- 60'
JPROJ. NO.
046984000
RGURE:
T
SLT
MP BOTMU �v�na
DAY BEACON 9 4� 8?�•
ADDITIONAL LEASE AREA (5,788.09 sf) A0• "�•
RELEASED FROM DOCK NO.3
0-
• aW W EXISTING SEAGRASS HABITAT SPARSE TO ^/
a MODERATE DENSITY, PATCHY DISTRIBUTION a 10"9 A&
0-0ACREAGE TABULATION
t E EXISTING LEASE AREA = 49,619.91 SQ. FT.f�
u 0 PROPOSEIYQi - SEV,pW = -ft, 0 5 1i� �,� DAY BEACON 7
3 ADDITIONAL LEASE AREA = 5,788.09 SO. FT.f
wE N
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5/11/99 REV. 8/4/99 a+1 AFIN
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L Nam+ -aae PILINGS "AND
r `t 0b;WER SURFACE AREA (O.W.S.A.) C EXISTING 7,643 s.f. �
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ADDITIONAL 57 s.f. >t9 bB• =041MBE11
= o+ 3 TOTAL 7;5$:i-
be• `�• PMlNGS.(Tdlp.)
wt° N 46'03'13 E
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v° AND � TES,, DRBY RAAWI�a N 73'b
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o. 1 . } id 7
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PROPOSED AV u
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u, 0 .0 2400. S.E. Federal Highway, Suite 320, Stuart FL 34994 � �,�; �4 tu
O1 ° © 2000 KIML.EY—HORN AND ASSOC. INC. DATE: N� f'7L�` �tY ��et�:v FSROJ. NO. FIGURE:
a 0 (561)286-2190 FAX (561)286-0138 MAR a0� 1<"''--D%� 046984000 %
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5/11 /99 REV. 8/4/99
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LEGEND
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MODIFIED LEASE AREA (4,452 sf)
1'50'48' W ®RELEASED FROM DOCK NO. 3
5.43'
ACREAGE TABULA716N
EXISTING LEASE AREA = 42,285 SQ. FT.f
PROPOSED LEASE AREA = 46 737 '°SQ:``FT.A
ADDITIONAL LEASE AREA = 4,452`SQ. FT.t
TIONS
HARBOUR RIDGE
DOCK NO. 2
° © 2000 KIMLEY—HORN' D C, `t
� DATE: SCALE: PROJ. N0. FIGURE:
(561)286-2190 FAX (561)286 0138 MAR 00 1 "=60' 046984000 5
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MLW DEPTHS FROM NE FACE OF DOCK TO EDGE OF
CHANNEL VARY FROM 7.9' TO 8.9'. MLW CHANNEL
DEPTH IS 8.8' PER SURVEY BY GCY INC. DATED
5/11 /99 REV. 8/4/99
m.
00
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c \ \ \ APPROXIMATE EDGE 2 5903.
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C 2000 KIMLEY--HORN ANAC. INC. �*;' DATE: SCALE: PROJ. N0. FlGURE:
O
(561)286=2190 `` ' -FAX 061)28 38 MAR 00 1 =60 046984000 2
MLW DEPTHS FROM NE FACE OF DOCK TO EDGE OF ACREAGE TABULATION
• CHANNEL VARY FROM 7.9' TO 8.9'. MLW CHANNEL EXISTING LEASE AREA = 25,857.4 SO. FT.f
DEPTH IS 8.8' PER SURVEY BY GCY INC. DATED PROPOSED-LEASE..AREA=.1.5;039.jSf?. FT: 9'
5/11 /99 REV. 8/4/99 REALLOCATED LEASE AREA = 10,818.4 SQ. FT.t
• o o INSTALL yZ'X25`: .
0 FlN H Q \ DAYBEACON 9-J
APPROXIMATE EDGE
t ` REP ACE,,& -:CONSTRUCT \ OF CHANNEL 32g))2s• ip
° NEW` WAVE_ARRESTORk TW OF � T N s
3 T B"ATM . 4.81
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FlNGER,_PIERS.I��lD
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a W y y \\ \ y NOTES:
0 ryk \
1. THERE WILL BE NO DREDGING OR FILLING.
o
2. THERE WILL BE NO FUELING FACILITIES.
o a \ �' yyk� \ 3. TOTAL SLIPS 8 EA. 20 72'x6O'
o W y �ti \ 4. RETIIS Q �TA ,,0V WkTKft�UF� ACE
o� \\ a� \ 5. MEAN HIGH WATER (MHW) SNa 01
URVEY FOR
�' THIS PROJECT PREPARED IN 1981 D.N.R.
CODE FOR THIS SURVEY IS NUMBER 246
AND THE MAP NUMBER IS 209.
6. 9,716.4 s.f. OF SUBMERGED LA
RELEASED BY ELIMINATION OF ATERAL
PIER AND FINGER PIERS, A RELOCATED
°c °� '-w �' TO DOCKNO'S.1 &2 S 1 5 & 6
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IFICATIONS
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HARBOUR RIDGE
❑� `� - : ar�dAssoc iates;11
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1 2400. S.E. Federal Highwa,,,S• 2 itiL,' " 94
© 2000 10MLEY=HORN Dq` SCALE: JPROJ. N0. FIGURE:
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LATERAL BRACE
EXISTING CONCRETE DOCK PILE
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(561)286-2190
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- CONC. PILINGS --I--
DOCK DETAIL
NTS
,ETAILS
HARBOUR RIDGE
OCK NO. 3 MODIFICATIONS
DATE: SCALE: PROJ. NO. FIGURE:
38 MAR 00 1 "=60' 1 046984000 1 9
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EXISTING ALUMINUM
ACCESS DOCK
3' OR 6' WIDE PREFABRICATED
ALUMINUM DECK
VARIES
PROPSED PIERS CONNECTED FLUSH
WITH EXISTING PER MANUFACTURER'S
SPECIFICATIONS I
12" x 12" CONCRETE PILINGS (TYP.) J
DOCK "1" — RELOCATION OF AN EXISTING FINGER PIER
AND CONSTRUCTION OF 44'x6' ACCESS PIER
DOCK "2" — 6' EXTENSION OF 4 FINGER PIERS
DOCK "3' — RELOCATION AND 6' EXTENSION OF 4 ANGER PIERS
PIER DETAIL
NTS
3' OR 6' 3' OR 6' WIDE PREFABRICATED
ALUMINUM DECK
4.81 DECK AND PILING
CONNECTIONS PER
12" x 12' CONCRETE MANUFACTURER'S
PILINGS (TYP.) SPECIFICATIONS
1.0'
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15' MIN.
SUPPORT PILE DETAIL
NTS
NOTES:
1. MEAN HIGH WATER
NUMBER 246 AND
2. MEAN LAW WATER
WAS DETERMINED I
3 ALL EL EVA71ONS IS
BENCHMARK 641/f
t-1
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2" S.E. Federal Highway, S
v © 2000 KIMLEY—HORN
9 o (561)286-2190
RVEY FOR .THI$''PROJECR. I'`PREPARED IN 1981 D.N.CODE FOR THIS SURVEY IS
NUMBER IS 209. `'-- ' .'
j�,W!A"TION
pR AS PROVIDED BY D.E.P. THIS ELEVATION
I GE _ C VERMCA4 DATUUMDE S(NGVDD) ON OF 22334 B� OOWL
N GCY, INC.
HARBOUR RIDGE
NO. 3 MODIFICATIONS
AR 00 I scA 1"-60' I P 046984000 I FIGURE: O
STANDARD MANATEE CONSTRUCTION CONDITIONS
MARCH 1996
The permittee shall comply with the following manatee protection construction conditions:
a. The permittee shall instruct all personnel associated with the project of the potential
presence of manatees and the need to avoid collisions with manatees. All construction
personnel are responsible for observing water -related activities for the presence of
manatee(s).
b. 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 of 1972, The Endangered Species Act of 1973, and the
Florida Manatee Sanctuary Act.
C. Siltation barriers shall be made of material in which manatees cannot become
entangled, are properly secured, and are regularly monitored to avoid manatee
entrapment. Barriers must not block manatee entryto or.exist from essential habitat._.
d. All vessels associated with the construction project shall operate at "no wake/idle"
speeds at all times while in the construction area and while in water where the draft of
the vessel provides less than a four -foot clearance from the bottom. All vessels -
follow routes of deep water whenever possible.
e. If manatee(s) are seen within 100 yards of the active daily construction/dredging
operation or vessel movement, all appropriate precautions: shall be implemented to*-.-..
:.:.ensure protection of the manatee. These precautions all include the_operation of all =:r
:-- -
- moving equipment no closer than 50 feet of a manatee. '.Operation of any equipment
closer.than 50 feet to :a manatee shall necessitate immediate shutdown of -that':: .
;: • . .. -,equipment.= Activities will:not resume until the manatees) has cJepaFted the'proiect area`
of its -own volition.
f. Any collision with and/or injury to a manatee shall be reported immediately to the Florida
Marine Patrol at 1-800-DIALFMP (1-800-342-5367).. Collision and/or injury should also.
be reported to the U.S. Fish "and Wildlife Service in Jacksonville (1-904-232-2580)
north Florida or Vero Beach (1-407-562-3909) in south Florida.
Temporary signs concerning manatees shall be posted Odor to and during all
construction/dredging activities.All signs are to be removed by the.permittee upon
completion of the project. A sign.measuring at least 3 ft. by 4 ft. which reads Caution:
Manatee Area will be posted in a location prominently visible to water related
construction crews. A second sign should be posted if vessels are associated -with the
construction, and should be placed visible to the vessel operator. The second sign
should be at least 81/2" by 11" which reads Caution: Manatee Habitat. • Idle speed is
required if operating a vessel in the construction area. All equipment must be shutdown.
_ if a manatee comes within 50 feet of operation. Any collision with and/or injury to a
manatee shall be reported immediately to the Florida Marine Patrol at 1-800-DIAL FMP.
(1-800-342-5367). The U.S. Fish and Wildlife Service should also.be contacted in .
_ Jacksonville (1-904-232-2580) for north Florida or in Vero Beach (1-407-562-3909) for =..
south Florida.
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TEMPORARY MANATEE SIGNS
for standard manatee construction conditions
Revised March 1999
The "Caution: Manatee Area" signs, (3 feet by.4 feet) are available through the
companies listed below, and may also be available from other local suppliers throughout
the state. Permit/lease holders, should contact sign companies directly to arrange for
shipping and billing. These Caution signs are intended to remind work and boat crews
of the presence of manatees while in -water work is being performed. They should be
posted in a prominent location for maximum visibility by all water -related construction
crews.. A second sign should be posted if vessels are associated with the construction,
and should be placed visible to the vessel operator. An example is enclosed, and this
example can be copied and used during construction activities.
Ft. Fierce, Honda 34941
(561) 489-8772 -
(800) 489-8758 (Florida only)
fax (561) 489-8757
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MANATEE HABITAT
IDLE SPEED is required if operating a vessel
in the construction area.
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Form 1162-343.900(3), F.A.C.
Form Title: Construction
Commencement
Notice
Date: October 3. 1995
ENVIRONMENTAL RESOURCE
PERMIT
Construction Commencement Notice
PROJECT: PHASE:
I hereby notify the Department of Environmental Protection that the construction
of the surface water management system authorized by Environmental Resource Permit
No. has commenced / is expected to commence on
199 , and will require a duration of approximately months
weeks days to complete. It is understood that should the construction
term extend beyond one year, I am obligated to submit the Annual Status Report for
Surface Water Management System Construction.
PLEASE NOTE: If the actual construction commencement date is not known,
Department staff should be so notified in writing in order to satisfy permit conditions.
Permittee or
Authorized Agent
Phone
Title and Company Date
Address
s
Form # 62-343.900(4). F.A.C.
Form Title: Annual Status Report
Date: October 3, 1995
ENVIRONMENTAL RESOURCE PERMIT
ANNUAL STATUS REPORT FORM
Florida Department of Environmental Protection
Permit No. County:
Project Name: Phase:
The following activity has occurred at the above referenced project during the past year, between
June 1, 19_ and May 30, 19_.
Permit Condition / % of Completion Date of anticipated Date of
Activity Completion Completion
(Use Additional Sheets As Necessary)
Benchmark Description (one per major control structure):
Print Name Phone
Permittee's or Authorized Title and Company Date
Agent's Signature
This form shall be submitted to the above referenced Department Office during June of each year for
activities whose duration of construction exceeds one year.
Form „63-343.900(j). F.A.C.
Form Titic: As -Built Certification
by a Reeistered Professional
Date: October 3. 199i
ENVIRONMENTAL RESOURCE PERMIT
AS -BUILT CERTIFICATION BY A REGISTERED PROFESSIONAL
Permit Num
Project Name:
I hereby certify that all components of this surface water management system have been built substantially in accordance
with the approved plans and specifications and are ready for inspection. Any substantial deviations (noted below) from the
approved plans and specifications will not prevent the system from functioning as designed when properly maintained and
operated. These determinations are based upon on -site observation of the system conducted by me or by my designee under
my direct supervision and/or my review of as -built plans certified by a registered professional or other appropriate individual
as authorized by law.
Name (please print) Signature of Professional
_Company Name Florida Registration Number
_Company Address Date '
City, State, Zip Code
Telephone Number (Affix Seal)
Substantial deviations from the approved plans and specifications:
,�i lote: attach two copies of as -built plans when there are substantial deviations) .
Within 30 days of completion of the system, submit two copies of the form to:
Form #62-343.900(7). F.A.C.
Form Title: Request for Transfer
to Operation Phase
Date: October 3. 1995
REQUEST FOR TRANSFER OF ENVIRONMENTAL RESOURCE
PERMIT CONSTRUCTION PHASE TO OPERATION PHASE
(To be completed and submitted by the operating entity)
Florida Department of Environmental Protection
It is requested that Department Permit No. authorizing the construction and operation of a
surface water management system for the below mentioned project be transferred from the construction phase permittee to
the operation phase operating entity.
PROJECT:
FROM: Name:
Address:
City: State:
Zipcode:
TO: Name:
Address:
State:
Zipcode:
The surface water management facilities are Nearby accepted for operation and maintenance in accordance with the
engineers certification and as outlined in the restrictive covenants and articles of incorporation for the operating entity.
Enclosed is a copy of the document transferrin'a title of the operating entity for the common areas on which the surface
water management system is located. Note that if the operating entity has not been previously approved, the applicant
should contact the Department staff prior to filing for a permit transfer.
The undersigned hearby agrees that all terns and conditions of the permit and subsequent modifications, if any, have been
reviewed, are understood and are hearby accepted. Any proposed modifications shall be applied for and obtained prior to
such modification.
Operating Entity
,,f
Name
q Telephone
Title
Enclosure:
() Copy of recorded transfer of title surface water management system
() Copy of plat(s)
() Copy of recorded restrictive covenants, articles of incorporation, and certificate of incorporation