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Home My WebLink AboutFDEP PermitJack Long, Director Southeast District Office OCT 2 1 2008 Adamo Pipitone 10701 S. Ocean Drive #831 Jensen Beach, FL 34957 Florida Department of Charlie Crist Governor Environmental Protection Jeff Kottkamp Lt. Governor Port Saint Lucie Office 1801 SE HiUmoor Drive Suite C204 Michael W. SoIe Port Saint Lucie, FL 34952 Secretary (772) 398-2806 FAX #(772)398-2815 Re: File No.: 5"173736-003/004/005 File,Name: Pipitone, Adamo Dear Mr. Pipitone: On September 26, 2008, we received your application for an exemption to perform the following activities: (1) replace a 35 linear foot seawall within 1-foot waterward of the existing seawall (measured wetface to wetface), (2) install a maximum of 4 batter piles and 5 king piles to support the new seawall structure, (3) construct a 150 square foot dock adjacent to an existing seawall, and (4) relocate an existing boatlift as shown on the attached drawings. The project is located in a canal off the Indian River, Class Li Waters of the State, adjacent to 10701 S. Ocean Drive (Lot 831), (Section 11, Township 37 South, Range 41 East), Jensen Beach, St. Lucie County, (latitude 27° W 17.26N, Longitude W 12' 28.16" W). Your application has been reviewed to determine whether it qualifies for any of three kinds of authorization thatmay be necessary for work in wetlands or waters of the United States. The kinds of authorization are 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 may not have qualified for all three forms of authorization. If your project did not qualify for one or more of the authorizations, refer to the specific section dealing with that authorization for advice on how to obtain it. 1. Regulatory Review. -GRANTED The Department has reviewed the submitted information and has determined that the project is not expected to cause the release of pollutants in sufficient quantity, quality, content, or character with respect to the circumstances surrounding the location, use, and operation of tile project, as to contribute to pollution in contravention of the provisions of Chapters 373 and 403, Florida Statutes (FS.), or Title 62, Florida Administrative Code (F.A.C.). Therefore, based solely upon the documents submitted to the Department the projects to install batter piles and king piles to support a seawall and relocate a boathft have been determined to qualify as an activity that is exempt from the need for an environmental resource permit pursuant to Chapter 373.406(6), F.S. Based on the information you submitted, we have determined that your project to replace a seawall are exempt from the need to obtain a DEP Environmental Resource Permit under Rule 40E-4.051(3)(c); and Rule 40E-4.051(4)(b), F.A.C. This determination is applicable only pursuant to the statutes and rules in effect at the time the information was submitted. This determination may not be valid in the event subsequent changes occur in the applicable statutes and riles of the Department. Pursuant to Rule 62 302, F.A.C., activities that qualify for this exemption must be constructed and operated -using appropriate best management practices and in a manner, that does not cause water quality violations. "More Protection, Less Process" www. dep.stateft. us File No.: 56-0173736-003/004/005 File Name: Pipitone, Adamo Page 2 The determination that your project qualifies as an exempt activity pursuant to Chapter 373.406(6), F.S., may be revoked if the installation is substantially modified, or if the basis for the exemption is determined to be materially incorrect, or if the installation results in water quality violations. Any changes made in the construction plans or location of the project may necessitate apermit or certification from the Department. Therefore, you are advised to contact the Department before beginning the•project and before beginning any work in waters or wetlands that is not specifically described in your submittal. 2. Proprietary Review (related to state-owned lands). — NOT REQUIRED 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 your project tinder Chapters 253 and 258, F.S., Chapters 18-20 and 18-21, F.A.C., and Section 62-343.075, F.A.C. Your project will not occur on sovereign submerged land. Therefore, pursuant to Chapter 253.77, F.S., authorization from the Board of Trustees is not required. 3. Federal Review (State Programmatic General Permit). —GRANTED Federal authorization for the proposed project is reviewed by DEP pursuant to an agreement between the Department and the U.S. Army Corps of Engineers (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 consistent with the SPGP program. The attached Corps general conditions apply to your project. No further permitting for this activity is required by the Corps. The determinations in this letter are based solely on the information provided to the Department and on the statutes and rules in effect when the application was submitted. The determinations are effective only for the specific activity proposed. These determinations shall automatically expire if site conditions materially change or if the governing statutes or rules are amended. In addition, any substantial modifications in your plans should be submitted to the Department for review, as changes may result in a permit being required. In any event, this determination shall expire after one year. This letter does not relieve you from the responsibility of obtaining other permits (federal, state, or local) that may be required for the project. NOTICE OF RIGHTS OF SUBSTANTIALLY AFFECTED PERSONS , This letter acknowledges that the proposed activity is exempt from ERP permitting requirements under Chapter 373.406 (6), F.S., and Rule 40E-4.051(3)(c), and Rule 40E-4.051(4)(b), F.A.C. This determination is final and effective on the date filed with the Clerk of the Department unless a sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120.57 of the Florida Statutes as provided below. If a sufficient petition for an administrative hearing is timely filed, this determination automatically becomes only proposed agency action subject to the result of the administrative review process. Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. The procedures for petitioning for a hearing are set forth in the attached notice. This determination is based on the information -you provided the Department and the statutes and rules in effect when the application was submitted and is effective only for the specific activity proposed. This determination shall automatically expire if site conditions materially change or the governing statutes or rules are amended. In addition, File No.: 56-0173736-003/004/005 File Name: Pipitone, Adamo Page 3 any substantial modifications in your plans should be submitted to the Department for review, as changes may result in a permit being required. In any event, this determination shall expire after one year. Be advised that your neighbors and other parties who may be substantially affected by the proposed activity allowed under this determination of exemption have a right to request an administrative hearing on the Department's decision that the proposed activity qualifies for this exemption. Because the administrative hearing process is designed to redetermine final agency action on the application, the filing of a petition for an administrative hearing may result in a final determination that the proposed activity is not authorized under the exemption established under Chapter 373.406 (6), F.S., and Rule 40E4.051(3)(c), and Rule 40114.051(4)(b), F.A.C. The Department will not publish notice of this determination. Publication of this notice by you is optional and is not required for you to proceed. However, in the event that an administrative hearing is held and the Department's determination is reversed, proceeding with the proposed activity before the time period for requesting an administrative hearing has expired would mean that the activity was conducted without the required permit. If you wish to limit the time within which all substantially affected persons may request an administrative hearing, you may elect to publish, at your own expense, the enclosed notice (Attachment A)' in the legal advertisement section of a newspaper of general circulation in the county where the activity is to take place. A single publication will suffice. If you wish to limit the time within which any specific person(s) may request an administrative hearing, you may provide such person(s), by certified mail, a copy of this determination, including Attachment A. 'For the purposes of publication, a newspaper of general circulation means a newspaper meeting the requirements of sections 50.011 and 50.031 of the Florida Statutes. In the event you do publish this notice, within seven days of publication, you must provide to the following address proof of publication issued by the newspaper as provided in section 50.051 of the Florida Statutes. If you provide direct written notice to any person as noted above, you must provide to the following address a copy of the direct written notice. Florida Department of Environmental Protection Southeast District Branch Office 1801 SE Hillmoor Drive, Suite C-204 Port St. Lucie, FL 34952 If you have any questions, please contact Isaiah Mosley at 863/532-1083 or at Isaiah.Mosley@dep.state-fl.us. When referring to your project, please use the FDEP file name and number listed above. Sincerely, M C. by Date Env o n IA istrat Flori ent of En vir ental Protection southeast District Branch Office MCM/EMS/inm Enclosures cc: USACOE — Palm Beach Gardens, Samantha.L.Ricg@usace.army.mil [without enclosures] Linda Petz, Environmental Consulting, LLC (agent) linenviron@yahoo.com [without enclosures] File No.: 56-0173736-003/004/005 File Name: Pipitone, Adamo Page 4 FILING AND AGKNOWLEDGMENF FILED, on this date, pursuant to 120.52(9), Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. .;ri JDb Clerk Date Address 10701'S Oceah Dr Jensen Beach, FL 3.057 gl Agaps 7 an - A-1 v 707 0 qw 41 dr MON Coda i'-fle-BOV n..Vi I ;u or !§ SM 9'R 'PlnY MR- .. ........ a A SEP 2 8 20 Dept of En Yron P Poi St. L - Prot On I EXISTING PFR POSE} EREAR ETW -Waterbody: Si 4r lficiai canal off ofthe Indian River Waterbady�: Width �fifO` Artificial carat off-bf the t;ndian River P'topoped Doc4r fr`�€25'='15a's . ft. Vdidth; >f 0W- - ' txistino faoati ft to be remved and f.1Ht �`eth^+lir.'�`c�—�,.. reinstalled.. P�Aetr .:dine N14.w8oiL' --, ing Pile I Wert at panel searn) E! • g• Proposed S'eaymflI 4 Liao %-An 1;' face tvfac. atfer Pile k Existing (Angled�Lr'l+l-, I 8oatlift --,._ gi@ panel midpoint) I Existing er,r Q i Concret t Seav all; n .. CiIO/�/ Mr. Adamo Piaitone. �_ NI' IT, 10701 s. Ocean Dr.,- Lot 931 �� : � �® 1 Jensen Beach, FL 34957" a Plan Pipitone Exist ng:..&. V1 ear Proposed Seawa.i l Wilco'Construe lon, inc. {772}460-6928;FAX(772)4s0-69.29. Date: 917IDS NOTE: 1. Concrete to have a min. Cotep»eslva Strength of SM psi Q 23 days. 2. Install Rawooaerete seawali directly In front of existing seewa@, within V faea to (ace. 3. PilinDe driven to 10 ton ntxt. eapaolgr, 4, min. 3 as batter per, 4 ea king plies, max. 4 ea batter punts, S ea king Piles 3 s 0.0 P� "ing Hooks � � ; � � New cap 45 Bar 6" above a %- New Concrete Panel , 4•/+/. (6" thickx 10' wide x it long King Poe MIT 3 $5 Bar 1' O.C. Presu°ssed Horizontal 1 (Vertical at panel seamsr--=— 4r and Ve Batddil Between -• —•— Exispng Wall 3 Now Wall Expanded MITI. View iCOV ra,;4 King Pile Pile (angled 4:1+1- Panel r { L . j •1 5D% min. o' Concrete Pane Min. 3'41- Lb.dmeM penetration for P nela for Ptings u I <r (face to face) i j Mr. Adamo Plpitone 36+/- New I o701 S. Ocean Drive, #831 concrete capmall Jensen Beach, Ft-34951 lai- �0 C/� W S.e�•d n 281+1- . f� • - - M +if :ti• w:E.•r'.:L ;:8 Ret;ur Ina Pita 5 PCs. panel seem (vertical) Cross, Seawall for the Pipitone Section Residence W. #3 Reties Ties 2' OC Batter pile Q psnol mldpoRd (angled 4:1+1•) 42'kt2" Conereta Pilings Driven to 16 Ton Capacity ding pila panel seam (vertical) M=61* rc rebar ,t $ 'E•! — pos. #s raiser 3 rebut %I ®r� 14":;� ;�: .r dowel with std. hookepoxy- 12•x1 2" King set min. embedmr Cone PA ` . 9" 2 Pr. per pie Expanded 3• Batter Pile c crete ga pcs. Ver reba 811+P #5 rebar 3 rabartiea 14 � 4tt cl +: Qx 0C 5 dowel with std. `• r,. • hook epoxy- 125M r Batter set min. embedmi \Cone. PII B" 2 tx Pef PVe Wilco Construction, Inc. (772)460-6928; Fax (772)460-6929 9/7108 Scale: aim (N.1.5.) rmw � %- we rxrpT *. 0x.We"Ifi '" lqbft River Bottom OF F Cross View � %%"20, FIX N MHW MLW 1 1 5' min. L-11penstration Dot