HomeMy WebLinkAboutFlorida Department of Regulation (FDEP) Permit or Exemption . i
File COPY Rick Scott
Depart Florida Department of Governor
Environmental Protection
Carlos Lopez-Cantera
Southeast District Office Lt. Governor
y 3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL 33406 Jonathan P. Steverson
e n t a l p 561-681-6600 Secretary
December 6, 2016
P,IN'8F.T.RACK F.E0,
FRONT
Andrew and Lisa Sleszynski SIDES _
3717 South Indian River Drive ffi SIDES
Fort Pierce, FL 34982
a
Sent via e-mail: isaski777@comcast.net REAR J $
LTZNRe: File No.: 56-0191029-002-EGE
File Name: Sleszynski,Andrew and Lisa
Dear Sleszynski:
This is to acknowledge receipt of your notice on November 9, 2016, to use a General Permit
(GP),pursuant to Rule 62-330.427, Florida Administrative Code (F.A.C.) to construct a 1,926 ft2
dock, with a maximum of two slips, consisting of a 4-foot by 344-foot (1,376 ft2) access
walkway, a 10-foot by 16-foot (160 ft2) terminal platform; a 390 ft2 covered roof mooring area
and a boatlift. The project is located in Indian River Lagoon, Class ll Waters, adjacent to 3717
South Indian River Drive, Fort Pierce (Section 26, Township 35 South, Range 40 East), in St. .
Lucie County(Latitude N 27' 23' 55.08", Longitude W 80' 18' 12.33").
Your intent to use a general permit has been reviewed by Department staff for three types of
authorizations:(1) regulatory authorization, (2) proprietary authorization (related to state-owned
submerged lands), and (3) federal authorization. The authority for review and the outcomes of
the reviews are listed below. Please read each section carefully.
Your project qualifies for all three authorizations. However, this letter does not relieve you
from the responsibility of obtaining other federal, state, or local authorizations that may be
required for the activity.
If you change the project from what you submitted, the authorization(s) granted may no longer
be valid at the time of commencement of the project. Please contact us prior to beginning your
project-if you wish to make any changes.
1. Regulatory Review.—APPROVED
Authority for review- Part IV of Chapter 373, F.S., Title 62, F.A.C. and in accordance with the
operating agreements executed between the Department and the water management districts, as
referenced in Chapter 62-113,F.A.C.
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File No.:56-0191029-002-EG
File Name: Sleszynski,Andrew and Lisa
Page 2 of 6
Based on the forms, drawings, and documents submitted with your notice, it appears that the
project meets the requirements for the General Permit under Rule 62-330.427, F.A.C. Any
activities performed under a general permit are subject to general conditions required in Rule
62-330.405, F.A.C. (attached), and the specific conditions of Rule 62-330.427,F.A.C. (attached).
Any deviations from these conditions may subject the permittee to enforcement action and
possible penalties.
Please be advised that the construction phase of the GP must be completed within five years
from the date the notice to use the GP was received by the Department. If you wish to continue
this GP beyond the expiration date, you must notify the Department at least 30 days before its
expiration.
2. Proprietary Review—GRANTED
The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund
(Board of Trustees) and issues certain authorizations for the use of sovereign submerged lands.
The Department has the authority to review activities on sovereign submerged lands under
Chapters 253 and 258 of the Florida Statutes, and Chapters 18-18, 18-20 and 18-21 of the Florida
Administrative Code.
The activity appears to be located on sovereign submerged lands owned by the Board of
Trustees. The activity is not exempt from the need to obtain the applicable proprietary
authorization. As staff to the Board of Trustees, the Department has reviewed the activity
described above, and has determined that the activity qualifies for a Letter of Consent under rule
18-21.005(1)(c), F.A.C. and section 253.77 of the Florida Statutes to construct and use the
activity on the specified sovereign submerged lands, as long as the work performed is located
within the boundaries as described herein and is consistent with the terms and conditions herein.
No further application is required for this consent of use.
During the term of this Letter of Consent you shall maintain satisfactory evidence of sufficient
upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code. If such
interest is terminated or the Board of Trustees determines that such interest did not exist on the
date of issuance of this Letter of Consent, this Letter of Consent may be terminated by the Board
of Trustees at its sole option. If the Board of Trustees terminates this Letter of Consent, you
agree not to assert a claim or defense against the Board of Trustees arising out of this Letter of
Consent.
3. Federal Review—SPGP APPROVED
Your proposed activity as outlined on your application and attached drawings qualifies for
Federal authorization pursuant to the State Programmatic General Permit V, and a separate permit
or authorization will not be required from the Corps. Please note that the Federal authorization
expires on July 26, 2021. You, as permittee, are required to adhere to all General Conditions and
Special conditions that may apply to your project." A copy of the SPGP V with all terms and
conditions and the General Conditions may be found at
http•//www saj usace army mil/Portals/44/docs/regulatory/sourcebookipermittinWgeneral permits
/SPGP/SPGPV-Permit%20Instrument-Complete.pdf?ver=2016-07-27-071925-25 0.
File No.: 56-0191029-002-EG
File Name: Sleszynski,Andrew and Lisa
Page 3 of 6
Authority for review - an agreement with the USACOE entitled "Coordination Agreement
Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department
of Environmental Protection, or Duly Authorized Designee, State Programmatic General
Permit", Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water
Act.
Additional Information
Please retain this general permit. The activities may be inspected by authorized state personnel
in the future to ensure compliance with appropriate statutes and administrative codes. If the
activities are not in compliance, you may be subject to penalties under Chapter 373, F.S., and
Chapter 18-14, F.A.C.
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a
petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S.,
before the deadline.for filing a petition. On the filing of a timely and sufficient petition, this
action will not be final and effective until further order of the Department. Because the
administrative hearing process is designed to formulate final agency action, the hearing process
may result in a modification of the agency action or even denial of the application.
Petition for Administrative Hearing
A person whose substantial interests are affected by the Department's action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule
28-106.201, F.A.C., a petition for an administrative hearing must contain the following
information:
(a) The name and address of each agency affected and each agency's file or
identification number, if known;
(b) The name, address, any email -address, any facsimile number, and telephone
number of the petitioner;, the name, address, and telephone number of the petitioner's
representative,if any,which shall be the address for service purposes during the course of
the proceeding; and an explanation of how the petitioner's substantial interests are or will
be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency
decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition
must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that
the petitioner contends warrant reversal or modification of the agency's proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require
reversal or modification of the agency's proposed action, including an explanation of
how the alleged facts relate to the specific rules or statutes; and .
(g) A statement of the relief sought by the petitioner, stating precisely the action that
the petitioner wishes the agency to take with respect to the agency's proposed action.
f ,
File No.: 56-0191029-002-EG
File Name: Sleszynsld,Andrew and Lisa
Page 4 of 6
The petition must be filed (received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-
3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above
at the time of filing.
Time Period for Filing a Petition
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant must be filed within 21 days of receipt of this written notice. Petitions,filed by any
persons other than the applicant, and other than those entitled to written notice under Section
120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of
receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however,
any person who has asked the Department for notice of agency action may file a petition within
21 days of receipt of such notice, regardless of the date of publication. The failure to file a
petition within the appropriate time period shall constitute a waiver of that person's right to
request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to
intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a
proceeding initiated by another parry) will be only at the discretion of the presiding officer upon
the filing of a motion in compliance with Rule 28-106.205, F.A.C.
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the
Department's action may also request an extension of time to file a petition for an administrative
hearing. The Department may, for good cause shown, grant the request for an extension of time.
Requests for extension of time must be filed with the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-
3000, before the applicable deadline for filing a petition for an administrative hearing. A timely
request for extension of time shall toll the running of the time period for filing a petition until the
request is acted upon.
Mediation
Mediation is not available in this proceeding.
FLAWAC Review
The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may
also seek appellate review of this order before the Land and Water Adjudicatory Commission
under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water
Adjudicatory Commission must be filed with the Secretary of the Commission and served on the
Department within 20 days from the date when this order is filed with the Clerk of the
Department.
Judicial Review
Once this decision becomes final, any party to this action has the right to seek judicial review
pursuant to Section 120.68, F.S.,by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190,
Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General
Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by
filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the
File No.: 56-0191029-002-EG
File Name: Sleszynski,Andrew and Lisa
Page 5 of 6
appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from
the date this action is filed with the Clerk of the Department.
If you revise your project after submitting the initial joint application, please contact us as soon
as possible. Also, if you have any questions, please contact Sophie Dimitrova at the letterhead
address or at(561) 681-6634 or by email at Project.Managergdep.state.fl.us. When referring to
this project,please use the FDEP file number listed above.
Executed in Palm Beach County,Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Monica Sovacool
Environmental Manager
Southeast District
Enclosures:
General Conditions for All General Permits, Ch. 62-330.405,F.A.C.
Specific General Permit Rule, Ch. 62-330.427,F.A.C.
General Consent Conditions for the use of Sovereignty Submerged Lands
Attachment A-Newspaper Publication Notice
General Conditions for the use of the Federal SPGP V
Project Drawings, 6 pages
Copies furnished to:
FDEP—Monica Sovacool, Sophie Dimitrova
Danna Small,DLS Environmental Services, Inc., danna@dlsenvironmentalservices.com
File No.: 56-0191029-002-EG
File Name: Sleszynsld,Andrew and Lisa
Page 6 of 6
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this determination, including all
copies,was mailed before the close of business on December 6,2016, to the above listed persons.
FILING AND ACKNOWLEDGMENT
FILED, on this date,pursuant to 120.52(9),
Florida Statutes,with the designated Department
Clerk,receipt of which is hereby acknowledged.
za"
December 6,2016
Clerk Date
•
62-330.405 General Conditions for All General Permits
The following general permit conditions are binding upon the permittee and are enforceable under Chapter 373, F.S. These
conditions do not apply to the general permit in Section 403.814(12),F.S.
(1) The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the
conditions for undertaking that activity shall constitute a violation of the permit and may subject the permittee to enforcement
action and revocation of the permit under Chapter 373,F.S.
(2) This general permit does not eliminate the necessity to obtain any required federal, state, local and special district
authorizations prior to the start of any construction, alteration, operation, maintenance,removal or abandonment authorized by
this permit.
(3)This general 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 general permit.
(4)The general permit does not relieve the permittee from liability and penalties when the permitted activity causes harm or
injury to: human health or welfare; animal,plant or aquatic life; or property. It does not allow the permittee to cause pollution
that violates state water quality standards.
(5)Section 253.77,F.S.,provides that a person may not commence any excavation,construction,or other activity involving
the use of state-owned 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 consent,lease,easement,or other form of authorization authorizing the proposed use.
Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to
commencing activity on state-owned lands.
(6)The authorization to conduct activities under a general permit may be modified, suspended or revoked in accordance
with Chapter 120,F.S.,and Section 373.429,F.S.
(7) This permit shall not be transferred to a third party except pursuant to Rule 62-330.340, F.A.C. The permittee
transferring the general permit shall remain liable for any corrective actions that may be required as a result of any permit
violations prior to sale, conveyance, or other transfer of ownership or control of the permitted project, activity, or the real
property at which the permitted project or activity is located.
(8)Upon reasonable notice to the permittee,Agency staff with proper identification shall have permission to enter,inspect,
sample and test the permitted system to ensure conformity with the plans and specifications approved by the permit.
(9)The permittee shall maintain any permitted project or activity in accordance with the plans submitted to the Agency and
authorized in this general permit.
(10)A permitee's right to conduct a specific activity under this general permit is authorized for a duration of five years.
(11)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 implemented and maintained immediately
prior to,during,and after construction as needed to stabilize all disturbed areas,including other measures specified in the permit
to prevent adverse impacts to the water resources and adjacent lands. Erosion and sediment control measures shall be installed
and maintained 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), available at
www.dep.state.fl.us/water/wetlands/docs/erp/FLErosionSedimentManual_6_07.pdf, and the Florida Stormwater Erosion and
Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management
Section, Tallahassee, Florida, July 2008), available at www.dep.state.fl.us/water/nonpoint/docs/erosion/erosion-inspectors-
manual.pdf.
(12)Unless otherwise specified in the general permit,temporary vehicular access within wetlands during construction shall
be performed using vehicles generating minimum ground pressure to minimize rutting and other environmental impacts.Within
forested wetlands, the permittee shall choose alignments that minimize the destruction of mature wetland trees to the greatest
extent practicable.When needed to prevent rutting or soil compaction,access vehicles shall be operated on wooden,composite,
metal,or other non-earthen construction mats.In all cases,access in wetlands shall comply with the following:
(a)Access within forested wetlands shall not include the cutting or clearing of any native wetland tree having a diameter 4
inches or greater at breast height;
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(b)The maximum width of the construction access area shall be limited to 15 feet;
(c)All mats shall be removed within 72 hours after the work commences;and
(d)Areas disturbed for access shall be restored to natural grades immediately after the maintenance or repair is completed.
(13) Barges or other work vessels used to conduct in-water activities shall be operated in a manner that prevents
unauthorized dredging,water quality violations,and damage to submerged aquatic communities.
(14) The construction, alteration, or use of the authorized project shall not adversely,impede navigation or create a
navigational hazard in the water body.
(15)Except where specifically authorized in a general permit,activities must not:
(a) Impound or obstruct existing water flow, cause adverse impacts to existing surface water storage and conveyance
capabilities,or otherwise cause adverse water quantity or flooding impacts to receiving water and adjacent lands;
(b) Cause an adverse impact to the maintenance of surface or ground water levels or surface water flows established
pursuant to Section 373.042,F.S.,or a Works of the District established pursuant to Section 373.086,F.S.;or
(16)If any prehistoric or historic artifacts, such as pottery or ceramics,stone tools or metal implements,dugout canoes,or
any other physical remains that could be associated with Native American cultures,or early colonial or American settlement are
encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such
discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical
Resources,Compliance and Review Section, at(850)245-6333 or(800)847-7278,as well as the appropriate permitting agency
office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources.
If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance
with Section 872.05,F.S.
(17)The activity must be capable,based on generally accepted engineering and scientific principles,of being performed and
of functioning as proposed,and must comply with any applicable District special basin and geographic area criteria.
(18)The permittee shall comply with the following when performing work within waters accessible to federally- or state-
listed aquatic species,such as manatees,marine turtles,smalltooth sawfish,and Gulf sturgeon:
(a)All vessels associated with the project shall operate at"Idle Speed/No Wake" at all times while in the work area and
where the draft of the vessels provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep
water whenever possible.
(b)All deployed siltation or turbidity barriers shall be properly secured,monitored,and maintained to prevent entanglement
or entrapment of listed species.
(c)All in-water activities,including vessel operation,must be shutdown if a listed species comes within 50 feet of the work
area. Activities shall not resume until the animal(s)has moved beyond a 50-foot radius of the in-water work,or until 30 minutes
elapses since the last sighting within 50 feet. Animals must not be herded away or harassed into leaving. All on-site project
personnel are responsible for observing water-related activities for the presence of listed species.
(d)Any listed species that is killed or injured by work associated with activities performed shall be reported immediately to
the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1(888)404-3922 and
ImperiledSpecies@myFWC.com.
(e)Whenever there is a spill or frac-out of drilling fluid into waters accessible to the above species during a directional
drilling operation,the FWC shall be notified at imperiledspecies@myfwc.com with details of the event within 24 hours following
detection of the spill or frac-out.
(19)The permittee shall hold and save the Agency 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 activity authorized by the
general permit.
(20)The permittee shall immediately notify the Agency in writing of any submitted information that is discovered to be
inaccurate.
Rulemaldng Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.418, 403.805(1)FS.
Law Implemented 373.044, 373.118(1), 373.129, 373.136, 373.406(5), 373.413, 373.4131, 373.414(9), 373.4145, 373.416,
373.422,373.423,373.429,403.814(1)FS.History—New 10-3-95,Amended 10-1-07,Formerly 62-341.215,Amended 10-1-13.
62-330.427 General Permit for Certain Piers and Associated Structures.
(1) A general permit is granted to any person to construct, extend, or remove piers and
associated structures as described below:
(a)- Single-family piers, along with boat lifts, boat houses, terminal platforms, and gazebos
attached to the pier,where these structures: ,
1. Do not accommodate the mooring of more than two water craft;
2. Do not,together with existing structures, exceed a total area of 2,000 square feet; and
3. Have a minimum depth of two feet below the mean low water level for tidal waters and
two feet below the mean annual low water level for non-tidal waters for all areas designed for
boat mooring and navigational access; and
(b) Public fishing piers that do not exceed a total area of 2,000 square feet provided the
structure is designed and built to discourage boat mooring by elevating the fishing pier to a
minimum height of five feet above mean high water or ordinary high water, surrounding the pier
with handrails, and installing and maintaining signs that state"No Boat Mooring Allowed."
(2) This general permit shall be subject to the following specific conditions:
(a) Construction or extension of the boat house, boat shelter, boat lift, gazebo, boat mooring
locations, or terminal platforms, shall not occur over submerged grassbeds, coral communities or
wetlands. However, the access walkway portion of the pier may traverse these resources
provided it is elevated a minimum of five feet above mean high water or ordinary high water,
contains handrails that are maintained in such a manner as to prevent use of the access walkways
for boat mooring or access, and does not exceed a width of six feet, or a width of four feet in
Aquatic Preserves;
(b) There shall be no living quarters, or other structures enclosed by walls or doors on all
sides;
(c) There shall be no fish cleaning facilities, boat repair facilities or equipment, or fueling
facilities on the structures authorized by this general permit. In addition,no overboard discharges
of trash, human or animal waste, or fuel shall occur from any structures authorized by this
general permit; and
(d) This general permit shall not authorize the construction of more than one pier per parcel
of land or individual lot. For the purposes of this general permit, multi-family living complexes
shall be treated as one parcel of property regardless of the legal division of ownership or control
of the associated property.
Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9),
373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.41.31,
373.414(9), 373.416, 373.418, 373.426, 403.814(1) FS. History-New 10-3-95, Formerly 62-
341.427, Amended 10-1-13. .-
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GENERAL CONSENT CONDITIONS FOR
USE OF SOVEREIGNTY SUBMERGED LANDS
Any use of sovereignty submerged lands is subject to the following general conditions are binding upon the applicant and
are enforceable under Chapter 253,F.S.and Chapter 258,F.S.
1. Sovereignty submerged lands may be used only for the specified activity or use.Any unauthorized deviation from the
specified activity or use and the conditions for undertaking that activity or use will constitute a violation. Violation of the
authorization will result in suspension or revocation of the applicant's use of the sovereignty submerged lands unless cured
to the satisfaction of the Board of Trustees.
2.Authorization under Rule 18-21.005,F.A.C.,conveys no title to sovereignty submerged lands or water column,nor does
it constitute recognition or acknowledgment of any other person's title to such land or water.
3.Authorizations under Rule 18-21.005,F.A.C.,may be modified, suspended or revoked in accordance with its terms or
the remedies provided in Sections 253.04,F.S.and Chapter 18-14,F.A.C.
4.Structures or activities will be constructed and used to avoid or minimize adverse impacts to resources.
5. Construction, use, or operation of the structure or activity will not adversely affect any species which is endangered,
threatened or of special concern,as listed in Rules 68A-27.003,68A-27.004,and 68A-27.005,F.A.C.
6. Structures or activities will not unreasonably interfere with riparian rights. When a court of competent jurisdiction
determines that riparian rights have been unlawfully affected,the structure or activity will be modified in accordance with
the court's decision.
7.Structures or activities will not create a navigational hazard.
8. Structures will be maintained in a functional condition and will be repaired or removed if they become dilapidated to
such an extent that they are no longer functional.
9.Structures or activities will be constructed,operated,and maintained solely for water dependent purposes..
10. The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the State of Florida from all
claims,actions, lawsuits and demands in any form arising out of the authorization to use sovereignty submerged lands or
the applicant's use and construction of structures on sovereignty submerged lands. This duty to indemnify and hold
harmless will include any and all liabilities that are associated with the structure or activity including special assessments
or taxes that are now or in the future assessed against the structure or activity during the period of the authorization.
11.Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of
Trustees of any provision of the authorization will not invalidate the provision not enforced or waived,nor will the failure
to enforce or a waiver prevent the Board of Trustees from enforcing the unenforced or waived provision in the event of a
violation of that provision.
12. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the
authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of
the authorization,the authorization may be terminated by the Board of Trustees after written notice to the applicant or its
successors or assigns. Upon receipt of such notice,the applicant or its successors or assigns will have thirty(30)days in
which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation
of this authorization.
13.All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization will be paid by
the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the
authorization. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before
the change becomes effective.
14.This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant that prohibits the
activity.
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Attachment A File No.:56-0191029-002-EG
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF GENERAL PERMIT
The Department of Environmental Protection gives notice that the project to construct 1,926 ftz dock,with a maximum of two
slips,consisting of a 4-foot by 344-foot(1,376 ft2)access walkway,a 10-foot by 16-foot(160 ft2)terminal platform;a 390 ftz covered
roof mooring area and a boatlift.The project is located in Indian River Lagoon,Class II Waters,adjacent to 3717 South Indian River
Drive,Fort Pierce(Section 26,Township 35 South,Range 40 East),in St.Lucie County(Latitude N 27'23'55.08",Longitude W 80'
18'12.33").has been determined to qualify for a General Permit.
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.
Mediation is not available.
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 rule 62-110.106(3), F.A.C., petitions for an administrative hearing must be filed within 21 days of
publication of the notice or receipt of written notice,whichever occurs first. 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 prior to 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. Upon 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,the Department may also grant the requested
extension of time.
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 right.
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 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.
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 shall be dismissed by the
agency if the petition does not substantially comply with the above requirements or is untimely filed.
Complete copies of all documents relating to this determination are available for public inspection during normal business
hours,8:00 a.m.to 5:00 p.m.,Monday through Friday,at the Southeast District office,3301 Gun Club Road,MSC 7210-1,West Palm
Beach,Florida 33406.
General Conditions for Federal Authorization for SPGP V
1. The time limit for completing the work authorized ends on July 26, 2021.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this requirement if
you abandon the permitted activity, although you may make a good faith transfer to a third party in
compliance with General Condition 4 below. Should you wish to cease to maintain the authorized
activity or should you desire to abandon it without a good faith transfer, you must obtain a
modification of this permit from this office,which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit,you must immediately notify this office of what
you have found. We will initiate the Federal and State coordination required to determine if the
remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new
owner on the enclosed form and forward a copy of the permit to this office to validate the transfer of
this authorization.
5. If a conditioned water quality certification has been issued for your project,you must comply
with the conditions specified in the certification as special conditions to this permit.
6. You must allow representatives from this office to inspect the authorized activity at any time
deemed necessary to ensure that it is being or has been accomplished in accordance with the terms
and conditions of your permit.
Further Information:
1. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State, or local authorizations
required bylaw.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal projects.
2. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume
any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf of the United States in the public interest.
r � i
c. Damages to persons, property, or to other permitted or unpermitted activities or structures
caused by the activity authorized by this permit.
d. Design or Construction deficiencies associated with the permitted work.
e. Damage claims asso
ciated with an future modification suspension, or revocation of this
g Y �
permit.
3. Reliance on Applicant's Data: The determination of this office that issuance of this permit is
not contrary to the public interest was made in reliance on the information you provided.
4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any
time the circumstances warrant. Circumstances that could require a reevaluation include, but
are not limited to, the following:
a.You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have
been false,incomplete, or inaccurate (see 3 above).
c. Significant new information surfaces which this office did not consider in reaching the
original public interest decision.
5. Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement
procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement
procedures provide for the issuance of an administrative order requiring you comply with the
terms and conditions of your permit and for the initiation of legal action where appropriate.
You will be required to pay for any corrective measures ordered by this office, and if you fail
to comply with such directive, this office may in certain situations (such as those specified in
33 CER 209.170) accomplish the corrective measures by contract or otherwise and bill you
for the cost.
6. When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this permit will continue to be binding on
the new owner(s) of the property. To validate the transfer of this permit and the associated
liabilities associated with compliance with its terms and conditions, have the transferee sign
and date the enclosed form.
7. The Permittee understands and agrees that, if future operations by the United States require
the removal, relocation, or other alteration, of the structures or work herein authorized, or if,
in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to
remove, relocate, or alter the structural work or obstructions caused thereby,without expense
to the United States. No claim shall be made against the United States on account of any such
removal,relocation or alteration.
i
Department of the Army Permit Transfer for SPGP V
PERMITEE:
PERMIT NUMBER: DATE:
ADDRESS/LOCATION OF PROJECT:
(Subdivision) (Lot) (Block)
When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this permit will continue to be binding on the
new owner(s) of the property. Although the construction period for works authorized by
Department of the Army permits is finite,the permit itself,with its limitations, does not expire.
To validate the transfer of this permit and the associated responsibilities associated with
compliance with its terms and conditions,have the transferee sign and date below and mail to the
U.S. Army Corps of Engineers, Enforcement Branch, Post Office Box 4970, Jacksonville, FL
32232-0019.
(Transferee Signature) (Date)
(Name Printed)
(Street address)
(Mailing address)
(City, State, Zip Code)
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 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 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
Im periled Species Ca)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 Florida
Fish and Wildlife Conservation Commission (FWC) must be used (see
MyFWC.com/manatee). One sign which reads Caution: Boaters must be posted. A
second sign measuring at least 8112" 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. Questions
concerning these signs can be sent to the email address listed above.
i
CAUTION : MANATEE HABITAT
All project vessels
IDLE SPEED / NO WAKE
When a manatee is within 50 feet of work
all in-water activities must
SHUT DOWN
Report any collision with or injury to a manatee:
Wildlife Alert:
f 1-888-404-FWCC(3922)
cell *FWC or #FWC
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UNITED STATES DEPARTMENT OF COMMERCE
4ac„T oF�o� National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
_ 263 13th Avenue South
Q
St. Petersburg,FL 33701
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SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS
The permittee shall comply with the following protected species construction conditions:
a. The permittee shall instruct all personnel associated with the project of the potential presence of
these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All
construction personnel are responsible for observing water-related activities for the presence of
these species.
b. The permittee shall advise all construction personnel that there are civil and criminal penalties for.
harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the
Endangered Species Act of 1973.
c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot
become entangled, be properly secured, and be regularly monitored to avoid protected species
entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from
designated critical habitat without prior agreement from the National Marine Fisheries Service's
Protected Resources Division, St. Petersburg,Florida.
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 depths where the draft of the vessel
provides less than a four-foot clearance from the bottom. All vessels will preferentially follow
deep-water routes(e.g.,marked channels)whenever possible.
e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily
construction/dredging operation or vessel movement, all appropriate precautions shall be
implemented to ensure its protection. These precautions shall include cessation of operation of
any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any
mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is
seen within a 50-ft radius of the equipment. Activities may not resume until the protected species
has departed the project area of its own volition.
f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported
immediately to the National Marine Fisheries Service's Protected Resources Division (727-824-
5312)and the local authorized sea turtle stranding/rescue organization.
g. Any special construction conditions, required of your specific project, outside these general
conditions if applicable,will be addressed in the rim consultation.
PP � primary
h. Any collision(s) with and/or injuries to any whale, or sturgeon occurring during the construction
of a project, shall be reported immediately to NMFS's Protected Resources Division (PRD) at
(727-824-5312).
R
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i. Reports to NMFS's Protected Resources Division (PRD) may be made by email to
takereport.nmfssergnoaa.gov.
j. Sea turtle and marine stranding/rescue organizations' contact information is available by region at
hLtp://www.nmfs.noaa.ijoy/pr/health/networks.htm.
k. Smalltooth sawfish encounters shall be reported to
http://www.f mnh.ufl.cdu/fish/sharks/sawfish/sawfishencounters.html.
1. All work must occur during daylight hours.
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Environmental Location Map
is- Andrew& Lisa Sleszynski
Inc.Services, I 3717 S. Indian River Drive
1901 SW Yellowtail Avenue Fort Pierce, Florida
Port Saint Lucie,FL 34953
PCN#2426-431-0003-000-9
Phone:772-215-3997 Fax:772-879-4520
www.disenvironmentalservices.com F�s.
I _7 OCT 2016 SHEET 1 of 6
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Southeast District
Environmental 2016 Aeria
Andrew & Lisa Sleszynski
us T
Services, Inc. 3717 S. Indian River Drive
1901 SW Yellowtail Avenue Fort Pierce, Florida
Port Saint Lucie,FL 34953
PCN#2426-431-0003-000-9
Phone:772-215-3997 Fax:772-879-4520
www.dlsenvironmentalservices.com scvE
N.T.S. OCT 2016 SHEET 2 of 6
15'X 28'MOONING AREA
*iiiiiiiiiiiiiiiiiIN
15'X 26'COVERED ; WITH OPTION JL BOATLIFT
MOORING AREA ' 1
1 1
WITH BOATLIFT
1 1 1
INDIAN RIVER
' WATERBODY WIDTH
DEPAR//�'
1 A
1 '
IWO
Permit Number
1 1 1
1 1 ,
I
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1
1 1
25' c Southeast District
1 � 1
1 , 1
1 � 1
1 1 l 1
-2'
1 1 I
1 , 1
4'X 344'ACCESS
WATERWARD OF MHW
WITH HANDRAILS
1 1 1
APPROXIMATE
1
RIPARIAN LINE
1 l 1
APPROXIMATE
MEAN HIGH WATER LINE
1 1 1
APPROXIMATE —
RIPARIAN LINE
--1 l
1 �
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26'
STEPS LANDWAR
OF MEAN HIGH W TER
L 12'X 12'UPLAND L
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SHORELINE LENGTH
NOTES: 100±L.F.
1. ELEVATION DATUM IS MLW
MLW=-1.33 NAVD MHW=-0.33 NAVD.
2. PROPOSED DOCK STRUCTURE TOTALS 1,926 SQ.FT. RWARD OF MEAN HIGH WATER
3. RESOURCE SURVEY PERFORMED ON 9/1/16 BY DLS ENVIRONMENTAL SERVICES
4. ALL NEW DOCK PILINGS TO BE WRAPPED IN INDUSTRY STANDARD,INERT,NON-LEACHING,SYNTHETIC MATERIAL
Environmental Proposed Plan View
Andrew& Lisa Sleszynski
Inc.is Services, I 3717 S. Indian River Drive
1901 SW Yellowtail Avenue Fort Pierce, Florida
Port Saint Lucie,FL 34953
PCN#2426-431-0003-000-9
Phone:772-215-3997 Fax:772-879-4520
www.dlsenvironmentalservices.com SCALE f1
1 —
-30 OCT 2016 SHEET 3 of 6
i
ROPE OR FIXED HAND RAILS
BOTH SIDES OF ACCESS
4'
2"X 6"DECK BOARDS
WITH 1/2"SPACING
5'
------------ -- --- ---s------ -- ---�--------MHW
------------ -- --------------- -- ——————————— MLW
VARIES
SUBSTRATE
Permit Number
56-0191029-002-EG
o Southeast District
NOTES:
1. ELEVATION DATUM IS MLW O MLW=-1.33 NAVD MHW=-0.33 NAVD.
2. ROPE HAND RAIL(MIN.1'Y.-DIAMETER)OR FIXED HAND RAIL ALONG BOTH SIDES OF ACCESS WITH"NO _ S
3. ALL DECKING ON ACCESS TO BE 2"X 6"DECK BOARDS WITH 1/2"SPACING (� �� y
4. ALL NEW DOCK PILINGS TO BE WRAPPED IN INDUSTRY STANDARD,INERT,NON-LEACHING,SYNTHETIC MATER
Environmental Dock Access Cross Section View
Inc. Andrew& Lisa Slesaynski
IS- Services, I 3717 S. Indian River Drive
1901 SW Yellowtail Avenue Fort Pierce, Florida
Port Saint Lucie,FL 34953
PCN#2426-431-0003-000-9
Phone:772-215-3997 Fax:772-879-4520
www.dlsenvironmentalservices.com SCALE: „_
1 —2, OCT 2016 SHEET 4 of 6
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5'
2"X 6"DECK BOARDS
_j
WITH 1/2-SPACING
MHW
MLW
------- --- ------------------------------------- --- --- --�--
3.5't
SUBSTRATE AR�
41
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NOTES:
Permit Number
1. ELEVATION DATUM IS MLW
MLW=-1.33 NAVD MHW=-0.33 NAVD.
2. ROPE HANDRAIL(MIN.11W DIAMETER)OR FIXED HANDRAIL ALONG BOTH SIDES OF ACCESS WITH 01 56-0191029-002-EG
3. ALL DECKING ON ACCESS TO BE 2"X 6"DECK BOARDS WITH 1/2"SPACCING
4. ALL NEW DOCK PILINGS TO BE WRAPPED IN INDUSTRY STANDARD,INERT,NON-LEACHING,SYNTH TERIAL
Environmental
Platform Cro ect Southeast District
�, Inc. Andrew& Lis ynski O
us Services, I 3717 S. Indian ' ' e
1901 SW Yellowtail Avenue Fort Pierce F J
Port Saint Lucie,FL 34953 '
PCN#2426-431-0003-
Phone:772-215-3997 Fax:772-879-4520
www.dlsenvironmentalservices.com SCALE »—
1 —2 OCT 2016 SHEET 5 of 6