HomeMy WebLinkAboutFDEP Exemption ModificationCharlie Crist
Florida Department of Covemor
Environmental Protection Jeff KoW a1hp
Port St. Lucie Branch Office Lt. Governor
18M SE Hillmoor-Drive, Suite C-204
Pnrt gaint T vrie. FL U0 52 Michael W. SoIe
Jack Long, Director (772) 398-2806 Secrecy
Southeast 5
APR398-2 (772
District Office FAX #)81Q �� . �._ _ - FILE ---
Adam Pipitone
10701 S. Ocean Drive #831
Jensen Beach, FL 34957-
Re: File Name: Pipitone, Adamo
File No.: 56-0173736-006
Modification of File No.: 56-0173736-003/004/005
Dear Mr. Pipitone: -
This office has completed the review of your request to modify the refetenced file number 56-0173736-
003/004/005. The project description is hereby modified to read as follows. Please note that additions are
under ined and deletions are slielam:
On March 20, 2009 your application was complete, 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 450 L7 square foot
dock adjacent to the existing seawall, and (4) relocate an existing boatlit3 as shown in the attached drawings. The
project is located in a canal off the Indian River, Class II 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° 16 17.26"N,
Longitude 80° IT 28.16" W).
Your modified project still exempt from the need for an environmental resource permit pursuant to Rule 4013-
4.051(3)(c), Florida Administrative Code, Chapter 373.406, and Chapter 403.813, Florida Statutes. The proposed
modification is not expected to result in any additional or significant water quality/biological resource degradation.
All conditions and other authorizations included in the original authorization, dated October 21, 2008; still apply to
your project. By copy of this letter and the attached drawing, we are notifying all necessary -parties of the -
modifications. This letter and accompanying drawing must be attached to the original authorization.
This letter does not relieve you from the responsibility of obtaining any local or federal permits which 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 Rule 40E-
4.051(3Xc), 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 undersections 120.569 and 120.57 of the
Florida Statutes as provided below. If a sufficient petition for an administrative hewing is timely filed, this _ ._ ............. .
determination automatically becomes only Proposed agency action sub9ect to"tlie`iesulf oftlie aiimimstve ievuw
process. Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until
Rather 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 activities proposed. This determination
shall automatically expire if site conditions materially change or the governing statutes or rules are amended. In
"More Protection, Less Process"
www. dep. state. 1. us
File No.: 56-0173736.006
File Name: Pipitone, Adamo
Page 2
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 from the original
authorization.
Be advised that your neighbors and other parties who may be substantially affected by the proposed activities
allowed under this determination of exemption have a right to request an administative hearing on the Department's
decision that the proposed activities qualify fot this exemption. Because the aprocess hearing s is
designed to re-detenmine final agency action on the application, the tiling of a petition for an aftit istrative hearing
may result in a final determination that the proposed activities are not authorized under the exemption established
under Rule 40E4.051(3)(c), 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 activities before the tirrte period for requesting an
administrative hearing has expired would mean that the activities were conducted without the required permit...
ifyou 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, written notice in the legal advertisement section of a newspaper of
general circulation in the county where the activities are 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.
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 savers 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 ofEnvironmental Protection
Southeast District
Submerged Lands & Environmental Resources Program
ISO SE I illmoor Drive, Suite C 204
Port Saint Lucie, FL 34952
If you have any questions, please contact Isaiah Mosley at 863/462-5891 or at lsaiah.Mosley@dep..stateAus. When
referring to your project, please use the FDEP file name and number listed above.
Sincerely,
Mary . Mufty
Environmental Administrator
Florida Department of Environmental Protection
G,�� �t,D Brr4ch Office -
Enclosures
cc: USACOE Pahn Beach Gardens, Krista Cooper, KrisWD.Cooper@usac Larmy mil
h�
Jack Long, Director
Southeast District Office'
OCT 21 2008
Adamo Pipitone
10701 S. Ocean Drive #831
Jensen Beacb, FL 34957
Florida Department of
Charlie Crist
Governor
Environmental Protection
Jeff Kottkamp
Lt. Governor
Port Saint Lucie Office
1801 SE Hillmoor Drive Suite C204
Michael W. Sole
Port Saint Lucie, FL 34952
Secretary
(772) 398-2806
FAX #(772)398-2815
Re: File No.: 56-0173736-003/004/005
File Name: Pipitone, Adamo
Dear W. Pipitone:
On September 26, 2008, we received your application for an exemp n to perform the following activities: (1) replace
a 35 linear foot seawall within 1-foot waterward of the existing s all (measured wetface to wetface), (2) install a
maximum of 4 batter piles and 5 king piles to support the new eawall structure, (3) construct a 150 square foot dock
adjacent to an existing seawall, and (4) relocate an existing tuft as shown on the attached drawings. The project is
located in a canal off the Indian River, Class 11 Waters of a State, adjacent to 107M S. Ocean Drive (Lot 831), (Section
11, Township 37 South, Range 41 /Ea5n Bea Lucie County, (Latitude 27° 1& 17.26°N, longitude 80° 12'
28.16" W).
Your application has been reviewa whether it qualifies for any of three kinds of au(1) ryatY
be necessary for work in wetlandf the United States. The kinds of authorizationare retoauthorization, (2) proprietary autrelated to state-owned submerged lands), and (3) federal authorization.
The authority for reviewand the the reviews are listed belowPlease read each section carefully. Your
project Wray not have qualified forms of authorization If your project did not quality for one or more of
the authorizations, refer to the sp dealing with that authorization for advice on how to obtain iL
1. Regulatory Review. -
The Department has rail ed the submitted information and has determined that the project is not expected to cause
the release of pollutants ' sufficient quantity, quality, content, or character with respect to the circumstances
surrounding the loca ' n, use, and operation of the project, as to contribute to pollution in contravention of the
provisions of Chap rs 373 and 403, Florida Statutes (F.S.), or Title 62, Florida Administrative Code (F.A.C).
Therefore, solely upon the documents submitted to the Department, the projects to install batter piles and king
piles to su port a seawall and relocate a boadift have been determined to quality as an activity that is exempt from
the need for an environmental resource permit pursuant to Chapter 373.406(6), F.S.
Based an 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 4054 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
rules of the Department. Pursuant to Rule 62-30Z 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.stote Jl. 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 ofthe project.may necessitate a permit 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 Intemal'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 under 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 Eater 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 (3xc), and Rule 40S-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 propbsed�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 speck 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 maybe 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 40BA.051(3)(c), and Rule 40E4.051 (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,
16 10<J o
M C. by Date
Env 1 A istrat
Flori ent of En ' ental Protection
Southeast District Branch Office
MCM/EMS/inm
Enclosures
cc: USACOE - Palm Beach Gardens, Samantha L Rice@usace.army.mil [without enclosures]
Linda Pete, Environmental Consulting, LLC (agent) linent n@yahoo.com [without enclosures]
File No.: 56-0173736-0031004/005
File Name: Pipitone, Adamo
Page 4
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.
Clerk Date
Address 10701 *S Ocean Dr qgcoogtegaps on your phone
Jensen Beach, FL 34957
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Artificial canal off of theIndian River
Width, >11 OW
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Seawall
Mr. Adamo, Plipitone.
10701 S. Ocean Dr., Lost
Jensen Bea-ch, FL 3495 7'
P.1 qn
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j772)460-fi928;FAX(772)4fi0-6929
11
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9-17108.
REQ.
NOTE:
1. Conefew to have i min. Compreasiva 56rsngm of
1 ti00t1ptlA?sdsYi•
R. inotell newconermle aawal diraoilli bt front
of sxistlng som"ll, wNbin 1' 1#Ce to Mite.
S. Pllhlps dltveo t010 ton min, eapaeil<Y.
I 4. min. S so bear pliss.4 as king pilot; max. 4 ea batter piles, 5 to tang piles M3 Ties
@2' O.0
d,inrvtir.oka
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iy
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If
New concrete Panel
a
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(W thiclrx IV wide x 12' long
•
r
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Prosiressed'
"
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and V
BatkfYi Between
,r
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t
3 New Wall
Panel
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Min. 31+1- bemnem
for Per !
i
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II Mr. Adamo PlpRone
t 10701 S. Ocean Drive, #831
i Jensen Beach, FL 34957
,
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'
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penetrafbn
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2'xir Concrete Pilings
Driven in 10 Ton Capacity
35' ai- ll ,w
Concnate! cap/Wall
•tin q x .••Ya•.
r r,• '• '4ti?tr%`w�• +. /l:� Y�-,.'+S`. i, Ii1i
;i3 Ri:lYrSr + 03 Rtobar-- in%pile
in0 PiMi a 9 PCs. / 15es panel seem
panelsaam L/B/a 2' CSC (verucal)
(vertleil)
tb2t lift
pundl r+aiciptint
Seawall for the Pipitone
Residence
w,aele ,.. ,t
sr
5 (xs.
in ratcsv
1
\-1E;i dyuyl wr'.lh sid.
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ar
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"7, 7 )460-6928; Fax (772)460-6929
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18/05/2008 11:34 6095Z 3 AMMICAN SAFARI PAGE 01
- Nm 07,2005 07,43h LIM PET% 7725461210 page 2
FORM #101 TO M USED FOR
S �i / I ' VENTURE HARBOUR INC.
VENME OUT at INDIAN RIVER INC.'
VENTURE OUT at ST. LUCFE INC.
This tom must be armcW wA nude pat. -of all drawings or plans log"D9 1110 14DA81111flM
qotuttuqdun,.w=dohM - Wag or. MOD9 of 07 P.Mumd structure. WWAUQ. wofi4 or any
Qftr hypo of woik that may to of by the toles, taggWoot and bylaws of any of the above
aaocfatikmt
This fhM "I 61W serve a 0 the QW= or owners or Lot that the 0VMW or
owners or their gern of Lot it V41 solely or jointly he responsible fat the proper setting
and Gampliinft of all hales,. nVhdm and bylavis of any of ft IbOve Oao 160M. and the
Codes, Lam, RAw erred RWWous pufthft to said work as oct faM by St; Lucic CoWW-
.11le- DW=l MAM,. of Mr *Sw* by ftft this form-shell.hold.-hudAM. anY or the ftV4
"soaalions, luonkolk dkidors and cmnifteo pommel as Pedim to its "d their dulium and
mponsibUldox-im the samiuWastion.or"W wo&.
Said Woik is Apravcd as pa ditmouslow xbriwn on aftebW plan or dmwh* this
Ditte
13y: 4"�2=
By
Ow:W;. 70wim, or Agent for
Dom'
BY:
ADDENDUM: Contrader xjrm to attached 1xilanuMutbn Am ma and also Wv" hi
kre-itably ixdiimz*,save 'hxr*k"and 04 to siyadjuent tlwnor above
association agWuW mW leas, eox% dMffW or Nabift arbft dirivilly ur ludiroody out of
work or toutivefion by the BuBdW far die men d1k above L.
waft l GD.
NOV 10,2008 11:06A 6695220138 p . age
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1B/95/2008 114.34 6, ,_20138 APERICAN SAFAF'
Nx 07, 2000 07:46A LIM P= 7725461220
PAGE 06
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PAGE 02
pop 3
NOV ID,2008 11;06A
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Dept. oPat st I -EXISTING
Watertpody:
Artlflcl&I canal off of the Indian River
Widthr.W01W
AHWIMLW- I-
,i
• Z
Existln
Boatlitt
Existing
;oncre*
seawall
Mr. Adamo Pipitone
10701 S. Ocean Dr., Lot 831
Jensen Beach, FL 34957
Plan, Pipitone Existing &
View Proposed Seawall
Una
'P7l D ru
PROPOSED
Wabrbody: .
Ardficlal canal off af Gm
Indian River
vim: MW
Proposed Doak: a'x16.6'-0i sq. fL
1".6' eS.75 sq. fL
TOrTALP67 8% FT.' s
Existing boatli t to be rnmaved and wirelaibd.
/King PIM
(Vart at panel seam)
propo..d ew a
1 - 4'
4 � s
i
Existing
conc
Seawall
NOTE: Dock will NOT attach to the seawall.
Wilco Construction, Inc.
(772)460.6928; FAX(772)460-6929
Date:
917108,11/25/08