HomeMy WebLinkAboutFlorida Department of Regulation (FDEP) Permit or Exemption / File COPY
o as vePart4 Florida Department of Rick Scott
0 Governor
4 Environmental Protection Carlos Lopez-Canters
" Southeast District Office Lt. Governor
3301 Gun Club Road, MSC 7210-1
^, e` West Palm Beach, Florida 33406 Ryan E. Matthews
,mental P� 561-681-6600 Interim Secretary
MIgJ.S��'BACKPI��•
Mr. Donald Schmidt FRONT ' '" V
10751 S. Ocean Drive, 1315
Jensen Beach,FL 34957 SIDES MAR 7 �C��i
Sent via e-mail to: ecpfuels&snet.net CNR S1DE8_- PERFOr TiNG
REAR St. Lucie County, FL
Re: File No.: 56-0304836-003-EE ZNG
File Name: Donald Schmidt TEC
Dear Mr. Schmidt:
On February 20, 2017, we received your application for an exemption to replace an existing 268
ft2 dock with a new 220 ft2 dock, including a 4-ft. by 25-ft. (100 ft2) access walkway and a 10-ft.
by 12-ft. (120 ft2) terminal platform. The project is located within Indian River Lagoon, Jensen
Beach to Jupiter Inlet Aquatic Preserve,an Outstanding Florida Waters, Class III Waters, adjacent
to 10751 S. Ocean Dr. (#B15),Jensen Beach, (Section 11, Township 37 South,Range 41 East), in
St.Lucie County(Latitude N 270 16' 9.98",Longitude W 80' 12' 33.37").
Your request has been reviewed to determine whether it qualifies for(1)regulatory exemption, (2)
proprietary authorization (related to state-owned submerged lands), and (3) federal approval that
may be necessary for work in wetlands or waters of the United States.
Your project qualifies for a1I three. 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.
1. Regulatory Review—VERIFIED
Based on the information submitted, the Department has verified that the activities as proposed
are exempt under Chapter 62-330.051(5)(b),Florida Administrative Code,from the need to obtain
a regulatory permit under part IV of Chapter 373 of the Florida Statutes.
This exemption verification is based on the information you provided the Department and the
statutes and rules in effect when the information was submitted. This verification will expire after
one year, and will not be valid at any other time if site conditions materially change, the project
design is
File No.: 56-0304836-003-EE
File Name:Donald Schmidt
Page 2 of 6
modified,or the statutes or rules governing the exempt activity are amended.However,the activity
• may still be conducted without further notification to or verification from the Department after the
one-year expiration of this verification, provided: 1) the project design does not change; 2) site
conditions do not materially change; and 3)there are no changes to the statutes or rules governing
the exempt activity. In the event you need to re-verify the exempt status for the activity after the one-
year expiration of this verification, a new application and verification fee will be required. Any
substantial modifications to the project design should be submitted to the Department for review,as
changes may result in a permit being required. Conditions of compliance with the regulatory
exemption are contained in Attachment A.
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
of the Florida Statutes, and chapter 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.
General Conditions for State-Owned Submerged Land Authorizations:
(a) Authorizations are valid only for the specified activity or use.Any unauthorized deviation from
the specified activity or use and the conditions for undertaking that activity or use shall constitute a
violation.Violation of the authorization shall result in suspension or revocation of the grantee's use
of the sovereignty submerged land unless cured to the satisfaction of the Board.
(b) Authorizations convey no title to sovereignty submerged land or water column, nor do they
constitute recognition or acknowledgment of any other person's title to such land or water.
(c) Authorizations may be modified, suspended or revoked in accordance with their terms or the
remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18-14,F.A.C.
(d) Structures or activities shall be constructed and used to avoid or minimize adverse impacts to
sovereignty submerged lands and resources.
File No.:56-0304836-003-EE
File Name:Donald Schmidt
Page 3 of 6
(e) Construction,use,or operation of the structure or activity shall not adversely affect any species
• which is endangered,threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004,
and 68A-27.005,F.A.C.
(f) Structures or activities shall not unreasonably interfere with riparian rights. When a court of
competent jurisdiction determines that riparian rights have been unlawfully affected, the structure
or activity shall be modified in accordance with the court's decision.
(g) Structures or activities shall not create a navigational hazard.
(h) Structures shall be maintained in a functional condition and shall be repaired or removed if they
become dilapidated to such an extent that they are no longer functional. This shall not be construed
to prohibit the repair or replacement subject to the provisions of Rule 18-21.005,F.A.C.,within one
year, of a structure damaged in a discrete event such as a storm, flood, accident, or fire.
(i) Structures or activities shall be constructed, operated, and maintained solely for water
dependent purposes, or for non-water dependent activities authorized under paragraph 18-
21.004(1)(f),F.A.C., or any other applicable law.
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.sai.usace.army.mil/Portals/44/docs/regulatory/sourcebook/perrnitting/ eg neral permits
/SPGP/SPGPV-Permit%20Instrument-Complete.pdPver--2016-07-27-071925-250.
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 letter. The activities may be inspected by authorized state personnel in the future
to insure compliance with appropriate statutes and administrative codes. If the activities are not in
compliance,you may be subjectto 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 filing of a petition means that the
Department's final action may be different from the position taken by it in this notice.
File No.:56-0304836-003-EE
File Name:Donald Schmidt
Page 4 of 6
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;
(1) A statement of the specific rules or statutes that the petitioner contends require
reversal or modification of the agency's proposed action, including an explanation of how
the alleged facts relate to the specific rules or statutes;and
(g) A statement of the relief sought by the petitioner, stating precisely the action that
the petitioner wishes the agency to take with respect to the agency's proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard,Mail Station 35,Tallahassee,Florida 32399-3000.
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
party) will be only at the discretion of the presiding officer upon the filing of a motion in
compliance with Rule 28-106.205, F.A.C.
File No.:56-0304836-003-EE
File Name:Donald Schmidt
Page 5 of 6
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 the order is filed with the Clerk of the Department.
Judicial Review
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 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.
Thank you for applying to the Submerged Lands and Environmental Resource Permit Program. If
you have any questions regarding this matter,please contact Huy Tran at the letterhead address or
at(561) 681-6651 or by email at Huy.Trangdep.state.fl.us.
Executed in Palm Beach County,Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Monica Sovacool
Environmental Manager
Southeast District
Ll PROJECT S/TE— F
�. f
ENT
t •�
0�
'6
Permit Number G
I 56-0304836-003-EE
Southeast District
y
0 �d
t
"Tr
S CHMI D T Jerner&Associates,Inc. SHEET 1
�— Marine&Environmental Consulting Date: 212117
10751 S OCEAN DR B15 2537SEA1fonsoAMe, Port St.Lucie,FL34952
Ph,(772)283-2950
JERNER@BELLSO
JENSEN BEACH LL - - =-
i«.,4r ,.���=°�i� LITH.NET
i
EXISTING GRANDFATHERED
DOCK= 268 SQ FT
0&I
B N T 0411,
\\`\ kJ Permit Number
A �
56-0304836-003-EE
'4 Southeast District O
O
4'
PROPERTY LINE
_.._.._.._.._.._.._.._...................._.._,......._.._...................._.._.._.._........
_.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._..
i 59.96' i
i
i
i
i
LOT B-15
1"= 10,
SCHMI D T Jerner&Associates,Inc. SHEET 2
— —— Marine e'r Environmental Consulting Date: 2/2/17
10751 S OCEAN D� O 1 2537SEA1fonsoAvc. Port St.Luck,FL34952
Ph.(772)283-2950
JENSEN BEACH JERNER@BELLSOUTH.NET EXISTING DOCK
GRANDFATHERED
EXISTING DOCK
FOOTPRINT
Q0 SEA GRASS SURVEY PERFORMED BY
QGp BRUCE JERNER ON FEBRUARY 16, 2017 13'+1VI
i
i
\��\P BOTTOM I -
B THR�GHO�f
BEN T O
i
is
W Permit Number 1 i n
A ! Z
56-0304836-003-EE i m
O i i i
()4'MLW Southeast District ---------------------------------
, i
i
y
O
4'
PROPERTY LINE
_.._.._.._.._.._.............._.._........_.._.._.._......................................_.._.._.._................................
_.._.._.._.._.._..i.._.._.._..
i 59.96'
i
i
i
i
LOT B-15
1" = 10'
SCHMI D T —° --;— Jerner&Associates,Inc. SHEET 3
-- -- -- - Marine&Environmental Consulting Date: 2WI 7
10751 S OCEAN DR B 15 2537SE Alfonso Ave. Port St.Luck,FL34952
JENSEN BEACH !'---= Pl2(772)z83-29so
�---------�--' PROPOSED DOCK
JERNER@BELLSOLiTH.NET
Dock Section Thru Dock Plan View
Live Load 40 lbs./Sq Ft
Dead Load 5 lbs./Sq Ft
VARIES
SGL Bolts, Nut,
Washers 5/8"H.D. �► ? _._._.� _._._._._�_._._._!
Galt'. Or S.S. 304 w
Nut Fully Threaded •!� -•'-•'-•'-;,-•-•-•-•- -•-•-•- ;i ,?i •
VARIES
2"x 6"SYP, .40 ACQ
y,
Decking#1 Grade w
' Minimum%"plank spacing. —� N T 0
• ' Fasten w#10 3"SS(304) `' r11 v
+ Screws, 2 per Stringer ? 3
' O
2"x 8"P.T. SYP, .40 ! N (7
ACQ treated stringers to IOA
_. _.. ...... .. .._.MH1N_, be buttjointed, butt
k
._, joints to be staggered. 56-030_4$ � -EE
O
2"x 8"P.T. SYP, .40
ACQ treated DBL bents i Southeast Dist}ict a j
J' $I
0i
—\
.tiff,,.:?.� .. ,. •( .ii'.:
GRADE `! � _ V d
Stringers 24"
Min. 8"Dia. 2.5
0.C.Max
CCA treated piles Center Stringer(s)toe Nailed w(2)#16 SS
(304) Ring Shank Nails @ Each Bent, Outside
Stringers Face Nailed w#16 SS(304)Ring
Shank Nails, Inside or Outside Stringers
Pilings jetted to a minimum depth of 6'and as
necessary to provide adequate bearing and stability
S CHMI D T - - - Jerner&Associates,Inc. SHEET 4
--j-- - - Marine&Environmental Consulting Date: 2/2/17
10751 S OCEAN DR B 15 j _ 2537SEAIfonsoAvc. Port St.Lucie,FL34952
JENSEN BEACH Ph.(772)283 2950
'�y`,.,,.r����� JERNER@BELLSOLITH.NET