HomeMy WebLinkAboutFlorida Department of Regulation (FDEP) Permit or ExemptionFLORIDA. DEPARTMENT OF
ENVIRONMENTAL PROTECTION
SOUTHEAST DISTRICT BRANCH OFFICE
337 N US HIGHWAY 1, SUITE 307
FORT PIERCE, FL 34950-4255
(772) 467-5500
September 11, 2014
William K. Floyd
10701 South Ocean Drive Lot 921.
Jensen Beach, FL 34957
Sent via e-mail to designated agent:
Re: File No.: 56-0317435-002
File Name: Floyd, William
Dear Mr. Floyd:
MI� �"�S1.11 REQ.
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RICK SCOTT
GOVERNOR
CARLOS LOPEZ-CANTERA
LT. GOVERNOR
HERSCHELT. VINYARD JR.
SECRETARY
RECEIVED
OCT 0 6.2017
PERM klv,
St. Lucie.;
On August 4, 2014, we received your application, and on September 9; 2014, the applica
complete for an exemption to construct a 196 sq. ft. dock with one associated boatlift
mooring area, as shown on the attached drawings. The project is located in the Indian Riv
Il Waters, adjacent to 10701 South Ocean Drive, Lot 921, Jensen Beach (Section 11,.Tow
South, Range 41 East), in St. Lucie County (Latitude IN 270 16' 15.08", Longitude w a
31.41
Your request has been reviewed to determine whether it meets the requirements for any of e
kinds of authorization that may be necessary.for work in wetlands or waters of the United Staps.
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 of
more of the authorizations, refer to the specific section dealing with that authorization for advice
on how to obtain it.
1. Regulatory Review — VERIFIED
Based o the info atio >submitted, the Department has verified that the activities as proposed
Cat ex e9m�pi� n"d- �Ic���, ?t �r� C�3�30.051(5)(b); Florida Administrative Code, from the need to obtain
a reglaYo e�rnut��iride� part IV of Chapter 373 of the Flonda.Statutes.
CONTRACTOR Oe (lECb�i�
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 willexpire after'
one year, and will not be valid at any other time if site conditions materially change, the project
design is 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 . .
EI=a t9iAthe pwe�iration of this verification, provided: 1) the project design does
ARE SUBJECT TO ANY CORRECTIONS
REQUIRED BY FIELD INSPECTORS THAT
MAY BE NECESSARY IN ORDER TO
C'`
COMPL`fWITH ALL APPLICABLE CODES. xj
vvww.dep.stnte.ft, us
File No.: 56-0317435-002
File Name: Floyd, William
Page 2 of 3
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. — NOT REQUIRED
The activity does not appear to be location on sovereign submerged lands, and does not require
further authorization under chapter 253 of the Florida Statutes, or chapters 18-20 or 18-21 of the
Florida Administrative Code.
Your project is located,within BOT Deed No. 24972 (2136-56) and 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. SPGP Review — NOT APPROVED
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.
Your proposed activity as outlined on your notice and ' attached drawings does not qualify for
Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE
permit or authorization may be required from the Corps. A copy of your permit application has
been forwarded to the Corps for their review. The Corps will issue their authorization directly to
you or contact you if additional information is needed. If you have not heard from the Corps within
30 days from the date your application was received at the local FDEP Office, contact the Corps
at the Palm Beach Gardens Regulatory Field Office at (561) 472-3530, for status and further
information.. Failure to obtain Corps authorization prior to construction could subject you
to federal enforcement action by that agency.
Additional Information
This letter does not relieve you from the responsibility of obtaining other federal, state, or local
authorizations that mayy be required for the activity.
-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 subject to penalties under Chapter 373, F.S., and Chapter 18-14, F.A.C.
If you have any questions, please contact Cindy Lott at (772) 467-5560 or.. by email at
cynthia.lott@dep.state.fl.us. When referring to your project, please use the FDEP file name and
number listed above.
Executed in Palm Beach County, Florida:
He
F e - �
File No.: 56-0317435-002
File Name: Floyd, William -
Page 3 of 3
i
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
9/11/14
Katy Collins Date
Environmental Manager,
Submerged Lands and Environmental
Resource Program
Enclosures:
Notice of Rights
Attachment A- Specific Exemption Rule
Attachment B- Newspaper Publication
Project Drawings, 5 pages . .
Copies furnished to:
USACOE- Palm Beach Gardens, FDEP-SP@usace.army.mil
Venture III manager, NLANAGERV-3@earthlink.net
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.
9-11-14
Clerk Date
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 he 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.
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.
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
IO G,-.
l_ Y
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.
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 regdestfor 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 r►1nr-ing 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 32399-300.0; 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.
i
Attachment A
Chapter 62-330.051 Exempt Activities.
The activities meeting the limitations and restrictions below are exempt from permitting. However,
if located in, on, or over state-owned submerged lands, they are subject to a separate authorization
under Chapters 253 and 258, F.S., and Chapters 18-18,' 18-20, and 18' 21, F.A.C.; as applicable.
(5) Dock, Pier, Boat Ramp and Other Boating -related Work—
(b) Installation of private docks, piers, and recreational docking facilities, and installation of
local governmental piers and recreational docking facilities, in accordance with Section
403.813(1)(b), F.S. This includes associated structures such as boat shelters, boat lifts, and roofs,
provided: .
1. The cumulative square footage of all structures located over wetlands "and other surface .
waters does not exceed the limitations in Section 403.813(1)(b), F.S.;
2: No structure is enclosed on more than three sides with walls and doors;
3.. Structures are not used for residential habitation or commercial. purposes, or storage of
materials other than those associated with water dependent recreational use; and
4. Any -dock and associated structure shall be the sole dock as measured along the shoreline
for a minimum distance of 65 feet, unless the parcel of land or individual lotas platted is less
than 65 feet in length along the shoreline, in which case there may beone exempt dock allowed
per parcel or lot.
File Couq.Tv
Attachment B
File No.: 56-0317435-002
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF DETERM NATION OF EXEMPTION
The. Department of Environmental Protection gives notice that the project to construct.a 196 sq. ft dock with one
associated boatlift and one mooring area, has been determined to be exempt from requirements:to obtain an EnvironmentalResource
Permit The project is located in the Indian River, Class 11 Waters, adjacent to 10701 South Ocean Drive, Lot 921, Jensen Beach
(Section 11, Township 37 South, Range 41 East), in St. Lucie County (Latitude N 27° 16' 15.08", Longitude W 80° 12' 31.41
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 presidin& officer.upon the filing of a motion in with. rule 28-106.205 of the...
Florida Administrative Code.
In accordance with Yule 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 alsorequest 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 of exemption are:available for public inspection during
normal business hours, 8:00 am. to 5:00 p.m., Monday through Friday, at the Southeast District office, 400 North Congress Avenue,
Yd Floor, West Palm Beach, Florida 33401.
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56D311435,002
47 raJ: William Floyd
n,cIndian FUver
onst lo: dock/boallR &mooring
z �^
O -r lJate: Sept ember 12, 2014
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PROPOSED
I
....... ..... __: __. ._...
Waterbody pr
Indian, River�,ne
20'i+ -
i
i
Accessway, 9'x4'=36 sq.ft. MHw/MLN!
Proposed
Terminal Platform- 10'X16'=160 sq,ft.
Mooring
,
Total over MHW= 196 sq.ft.
1 '' ArealBoat
Lift- Area
34664'+/-
26`
20'
4'
10'
Floyd Residence
10701 S. Ocean Dr., Lot 921 3' 16'
Jensen Beach, FL 34967 P,ope�ytlne
i
a rcx: Rl avian
i
Line
(as validated Existing
by a licensed Concre
5¢aw ii
survey9t1 a N T
1q,'t' 56-0317435-002
raJ: William]Floyd
'
.. Indian River
( Construct dbOAciatlitt&mooring
.
Date: Septemhe r 11, wJ4 O
't 2 of 5.
r
Plan
Floyd Proposed Dock and
-Wilco. Construction, Inc:
Date: 7/23/14
View
Mooring/Boat Lift Area
(772)46.0-6928yFAX(772)460-6929
MR5 C�:P0SED
Waterbody:..........,.. __..._..._, ....... _.._.-_._.-....._.. _"-... :. _.,....p . :
Indian River ry�/ne
20'
Accessway: 9'x4'=36 sq.ft. B �MHW1MLw
Propose 13
Terminal Platform: 10'x1fi'=164 sq,ft,
B
B Mooring g
Total over MHW=196 sq.ft.
1 + Aree/Bo' t
Lift Area B B B.
34, 64'tA
20'
i
B 4'
B 10 g.
Floyd Residence.
B B
10701 S. Ocean Dr., Lot 921 3' 61.
Jensen Beach, FL 34957 B
e.
Lin
B B
20' 1310, 0' Dist. from MH
_
�. 3 6,5„t 5'8"t 410'. t Approx. Depth @ML
$ N i 8 , 4 7,1,�t
56-0317435-002
aL William Floyd I,
QIndian Myer Resource.Survey.performed on, 4/21/14
Construct dock/boa Ift &mooring
by Kim Anaston-Karas
�
Date: Se tember I.1,2014 Q
o. P Bottom is barren (B) of resources
Shee[i
`t C). 3 of.5 L
Ud 'I�
Flan
Floyd Seagrass Survey Proposed
Wilco Construction, Inc.
Date: 7/23/14
View
Dock and Mooring/boat Liff area
(772)460-6928,FAX(772)460-6929
Pilings min.
8" . 0
TYPICAL DOCK AND ACCESSWAY CROSSSECTION .. placed min; 10'
O:C.
to max. T OC
.(Pilo
Driving
'NOTE: Floating:turbidit}r
peen
ed)
curtains to sarround
Floyd Residence
pilings during installation..
10701 S. Ocean Dr., 9921
and until background
Jensen Beach,:FL
turbidity reached.
4710' DOCK
0
Fm
2"A6 Decking 0.4 ACQ PT
fastened with min. 3" SS: screws or naffs.
DECK
STRINGERS:
TWE" PT 0.4 ACQ spaced
at ma>L 24" with `min.
112-0 x 6" SS
.(2)16d Toe Nails
lag bolts on each piling,
0 Typical
lap spliced
Joist:
m
2"x8" PT 0A.ACQ on each side of
~
N T 0,
.piling.
Bolted
w/ 5/8" SS threaded rods/thru
n4�
56-0317435-002
bbb.
crj r°1'
W17 =Flo�l
Indian River
Commitdod</boadift&mooring
aw september11, c01G • O
.MHW -
�v s�
'I�
MLW.
M:L.W.
6' min.
;solid- River Bottom
penetration
. U-'
Gross View.:
Wilco Construction, Inc.
o772-460=6928, f772460-6929
Floyd Dock: Structural
STANDARD MANATEE CONDITIONS FOR IN -WATER WORK
2011
permittee shall comply with the following conditions intended to protect manatees from direct project
;ts:
All personnel. associated with the project shall be instructed about . ie 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.
All vessels associated with theconstruction 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. -
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.
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.
Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and
Wildlife Conservation -Commission (FWC) Hotline at 1-8887404-3922. 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
ImperiledSpeciesa,myFWC.com
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 FWC must be used. One sign which
reads Caution: Boaters must be posted. A second sign measuring at least 8'/2" 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. These
signs can be viewed at MyFWC.com/manatee. Questions concerning these signs can be sent to
the email address listed above.
A11 project vessels
I
STANDARD MANATEE CONDITIONS FOR IN -WATER WORK
2011
The e i e shall co with the following conditions intended to protect manatees from direct project
h p rm tt e ha comply g p
a. Ail 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 Florida Fish and
Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. d/ 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
ImperiledSpecies(cD-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 FWC must be used. One sign which
reads Caution:.Boaters must be posted. A second sign measuring at least 8'/2" by 11" explaining
tha ranifiramantc fnr "Irila Rnaari/Nn Wnka" nnrl fha zhiit rinwn of in'_watar.nnArntinnc mimt ha
yy` . `moop��
DEPARTMENT OF THE.ARMY
s JACKSONVILLE DISTRICT CORPS OF ENGINEERS
4400 PGA BOULEVARD, SUITE 500
PALM BEACH.GARDENS, FLORIDA 33410
October 27, 2014
REPLY TO
ATTENTION OF
Regulatory Division
South Permits Branch .
Palm Beach Gardens Permits Section
SAJ-2014-02261 (GP-AAZ)
William Kevin Floyd..
10701 S. Ocean Drive, Lot 921
Jensen Beach, Florida 34957
Dear Mr. Floyd:
The U.S. Army Corps of Engineers (Corps) assigned your application fora
Department of the Army permit the file number SAJ-2014-02261.. -A review of the.
informationand drawings provided indicates that the proposed work would construct a
196 square foot dock consisting of a 4-foot wide by 9-foot long access walkway and a
10-foot wide by 16=foot long terminal platform. A boatlift will also be installed. The
project site is located. within waters of the United States within the Indian River Lagoon
adjacent to 10701 S. Ocean Drive, Section 11, Township 37 south, Range 41 east,
Jensen Beach, St. Lucie County, Florida.
. Your.project, as.depicted on the enclosed drawings, is authorized by Regional .
General Permit (RGP) SAJ-20. This authorization is valid until March 22, 2018. * Please
access -the Corps' Jacksonville District Regulatory Division Internet page to view the
special and general conditions for SAJ-20, which apply specifically to this authorization.
The Internet U.RL address is:
http://www.saj.usacb.army.mil/Missions/Regulatory.aspx
Please be aware this Internet address is.case sensitive; and, you will need.to enter it
exactly as it appears above.- Once there you will need to click on "Source Book'; and,
then click on "General Permits". Then you will need to click on the specific SAJ permit
noted above. You must comply with all of the special and. general conditions of the
permit; .and, any project -specific conditions, noted below, or you may be subject to
enforcement action. The following project -specific conditions are included with this .
authorization:
1. Self Certification: Within 60 days.of completion.of the work authorized, the
attached Self -Certification Statement of Compliance must be completed and submitted
to the U.S. Army Corps of .Engineers (Attachment 2). Mail the completed form to the
q
Regulatory Division, Special Projects and Enforcement Branch, Attn: Jose_ Rivera, 4400
PGA Boulevard, Suite. 500, Palm Beach Gardens; Florida 33410.
2. Assurances of Navigation: 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 berequired,
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 or alteration. ,
3. Cultural Resources/Historic Properties:
a. No structure or work shall adversely affect impact or disturb properties listed in the
National Register of Historic Places (NRHP) or those eligible for inclusion in the NRHP.
b. If during the ground disturbing activities and construction work within the permit
area, there are archaeological/cultural materials encountered which were not the
subject of a previous cultural resources assessment survey (and which shall include,
but not be limited to: pottery, modified shell, flora, fauna, human remains, ceramics,
stone tools or metal implements, dugout canoes, evidence of structures or any other
physical remains that could be associated with Native American cultures or early
colonial or American settlement), the Permittee shall immediately stop all work and'
ground -disturbing activities within a 100-meter diameter of the discovery and notify the
Corps within the same business day (8 hours). The Corps shall then notify the Florida
State Historic Preservation Officer (SHPO) and the appropriate Tribal Historic
Preservation Officer(s) (THPO(s)) to assess the significance of the discovery and devise
appropriate actions.
c. Additional cultural resources assessments may be required of the permit area in
the case of unanticipated. discoveries as referenced in accordance with. the -above .
Special Condition ; and if deemed necessary by the SHPO, THPO(s), or Corps, in
accordance with 36 CFR 800 or 33 CFR 325, Appendix C (5). Based, on the
circumstances of the discovery, equity to all parties, and considerationsof the public
interest; the Corps may modify, suspend. or revoke the permit in accordance with 33
CFR Part 325.7. Such activity shall not resume on non-federal lands_ without written
authorization from the SHPO for finds under his or her jurisdiction, and from the Corps.
�O�.
0.
-3-
d.. In the unlikely event that unmarked human remains are identified on non-federal
lands, they will be treated in accordance with Section 872.05 Florida Statutes. All work .
and ground disturbing activities within a 10.0-meter diameter of the unmarked human
remains shall immediately cease and the Permittee shall immediately notify the medical
examiner, Corps, and State Archeologist within the same business day (8-hours). The
Corps shall then notify the appropriate SHPO and THPO(s). Based, on the
circumstances of the discovery, equity.to all parties, and considerations of the public
interest, the Corps may modify, suspend or revoke the permit in accordance with 33:
CFR Part 325.7. Such activity: shall not resume without written authorization from the
State Archeologist. and from the Corps.
4. Turbidity Barriers::Prior to the initiation of any of the work authorized by this
permit, the Permittee shall install floating turbidity barriers with weighted. skirts that
extend to within one foot of the bottom around all work areas that are in, or adjacent to,
surface waters. The turbidity barriers shall remain in place and be maintained until the
authorized work has been completed and all erodible materials have been stabilized.
5. Manatee Conditions: The Permittee shall comply with the enclosed (Attachment C)
"Standard Manatee Conditions for In -Water Work — 2011."
6. Sea Turtle and Smalltooth Sawfish Conditions: The Permittee shall comply .with
National Marine Fisheries Service's (Attachment D) "Sea Turtle and Smalltooth Sawfish
Construction Conditions" dated March 23, 2006.
7. _Johnson's Seagrass Condition: The Permittee shall construct the dock in
accordance with the Dock Construction Guidelines in Florida for Docks or Other Minor
Structures Constructed in, or over Submerged Aquatic Vegetation, Marsh or Mangrove
Habitat (Dock Construction Guidelines) except that a minimum of 17inch spacing shall
be maintained between all wooden deckboards used waterward of the MLW line.
This authorization does not give absolute Federal authority to perform the work as
specified on your application. The proposed.work may be subject to localbuilding
restrictions mandated by the National Flood Insurance Program. You should contact
your local office that issues building permits to determine if your site is located in a
flood -prone area, and if you must comply with the local building requirements mandated
by the National Flood Insurance Program.
If.you are unable -to access the internet or require a hardcopy.of any of the. conditions,
limitations, or expiration date.for the above referenced RGP, please contact Alisa Zarbo
by telephone at 561-472-3506.
i
Thank you for your cooperation with our permit, program. The Corps' Jacksonville
District Regulatory Division is committed to improving service to our customers. We - -
strive to perform our duty in a friendly and timely manner while working to preserve our
environment. We invite you to complete our automated Customer Service Survey at
http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey. Please be aware
this Internet address is case sensitive; and, you will need to enter it -exactly as it
appears above. Your input is appreciated — favorable or otherwise.
Sincerely,
Digitally signed by
'�DN: r—US,o=US. Government ou=DoD, ou=P10,
-oit--t(SA, rn-7.ABBDAUSAANN.124143872D m
f Date:2014_10.2713-.4250-"OV
Alisa Zarbo
-Project Manager ... .
Enclosures
I
I
SELF -CERTIFICATION STATEMENT OF COMPLIANCE
General Permit Number: SAJ-20
Application Number: SAJ-2014-02261
Permittee's Name & Address(please print or type):
Telephone Number:
Location of the Work:
Date Work Started: Date Work Completed:
PROPERTY IS INACCESSIBLE WITHOUT PRIOR NOTIFICATION: YES NO
TO SCHEDULE AN INSPECTION PLEASE CONTACT
AT
Description of the Work (e.g. bank stabilization,' residential or commercial filling, docks,
dredging, etc.):
Acreage or Square Feet of Impacts to.Waters of the United States:
Describe Mitigation completed (if applicable):
Describe any Deviations from Permit (attach drawing(s) depicting the deviations):
I certify that all work, and mitigation (if applicable) was done in accordance with the limitations
and conditions as described in the permit. Any deviations as described above are depicted on
the attached drawing(s).
Signature of Permittee
Date
Ile C100
BOAT LIFT DRIVE UNITS AND SPECIFIED
MOUNTING HARDWARE COMPLY WITH
WIND LOAD REQUIREMENTS OF THE
2014 FLORIDA BUILDING CODE, PER
ASCE 7, AND PER DESIGN LOAD
REQUIREMENTS OF THE 2010 ALUMINUlJ
ASSOCIATION'S DESIGN MANUA
DRIVE UNITS, INSTALLED AS PER HI—T11
INSTRUCTIONS, WILL EXCEED ULTIMA
DESIGN WIND SPEED OF 170 MP
(EXPOSURE CATEGORY C OR L
BOATS ARE TO BE REMOVED FROM BO/
LIFTS PRIOR TO A MAJOR WIND EVEA
PILINGS:
PILING PENETRATION TO BE 10'
INTO THE SAND BOTTOM OR 5'
INTO ROCK STRATA, SUB —SURFACE
CONDITIONS CAN VARY GREATLY,
THE CONTRACTOR SHALL VERIFY
ALL PILE CAPACITIES TO COMPLY
WITH FBC 2014. ALL PILINGS TO BE
12" MINIMUM DIAMETER
2.5 C. C. A PRESSURE TREATED
WOOD, PRE —STRESSED CONCRETE
OR COMPARABLE EQUIVALENT.
�i£'�LECTRICAL REVIEW.•
2-,HP ELECTRIC MOTOR
-�,bAMPS ® 115V EACH
12 AMPS ® 230V EACH
Q..A 77TY 4
TO ..'. WATTS• 11408
THIS CER77FIED ENGINEERED
DRAWING HAS BEEN PREPARED
SPECIFICALLY FOR USE ONLY BY
pppppp000p000000p°0
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-AP 'OVED AUG 31 204r
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ROGER BABER
P.E. NO. 43855
MCR PROFESSIONAL ENGINEERING
C.A. NO. 26967
8528 SW KANSAS AVE. S7UART, FL 34997
PILING MOUNTING
MINIMUM (2) 1 " DIA. THRU BOL IS
FOR WOOD AND CONCRETE PILINGS
REQUIRED PER PILING TO SECURE
DRIVE UNITS PER FBC 2014.
0
4
10
Pic ruae POLES
ME SUC)ONS
'
30, 000 LB. T2 TOPLESS X2
BOA T LIFT
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BOATL/FTS AND MAR/NE PRODUCTS
4050 SELV/TZ ROAD
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FORT PIERCE, FL 34981
s
s
:
R. HYDE SCALE.• NIS DA7E• 711115 REV 1
1-800-544-0735 www.hi—tide.com
°EMcrawGEARear
DESMOPMV
RECEIVED
OCT 0 6,20V
PERM.1"NG
St. Lucie County, FL
IT
j t �� p fI "%;ill C t' 1 1, .3 j L Ip e':
i Ink I Aqunticr
311
7
j
B N T
0i
56-0317435-032
raj:A 1 William Floyd E.-)
Indian River
a4uct dock/boadift &mooring ILI 1J42_-; 1
N
O Date:
A 13)
By; Sep/tJem�er,l�1_,.2aJ1d
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2 km
N
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- U1
P.E. 72451 z�—, "
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1402
Fort Pierce, FLZ490,C-
110
is �
PROPOSED
Waterbody:
Indian River
20'—
Accessway: 9'x4'=36 sq.ft.
Terminal Platform: 10'x16'=160 sq.ft. Proposed
Total over MHW= 196 sq.ft. Mooring
1 , Area/Boat
Lift Area
�1
CD
Plan
View
10,
Floyd Residence
10701 S. Ocean Dr., Lot 921
Jensen Beach, FL 34967
M
41 of as
4'
cane
Line v
(as validated Existing
by a licensed Concre
surveyor) Seawall 4� $ N T O •
{ I I [ 11/11, Q� 56-0317435-M2
FOR® / kl raj: Winkm Floyd 4.
Indian River
Construct dock/boalift&mooring
�e61#MQfi00G Xord,� t� ��� « O Date: September 11, 2014 Q
Sheet: 2 of 5 3
1402-k4��rtit;lan Road ®; � � ,t
0
Floyd Proposed Dock and Wilco. Conion, Inc. �sivu, ut o Date: 7/23/14
Mooring/Boat Lift Area (772)460-6928;FAX(772)460-6929
Galbraith
Frorn: Lott, Cynthia <Cynthia.Lott@dep.state.fLus>
Sent Tuesday, October 10, 2017 12:13 PM
To: Lydia Galbraith
Subject: RE: Fw: Report _FL_Review_Comments_Noncompliant�jrf.pdf, permit 1710-0112
Attachments: Chapter_62-330_eff_10-1-13.pdf ,
Hello, Lydia:
Yes, the information indicated in the letter is correct. The letter of verification is valid for one year of the letter's
issuance date, however, the exemption criteria remains the same provided the applicant does not change anything.
Please find attached the Statewide Environmental Resource Permitting rule Ch. 62-330; the exemption criteria for docks
can be found under Ch. 62-330.051(5)(b).
that help? The applicant may proceed with the boatlift installation pursuant to Ch. 62-330.051(5)(b), again,
ded the project has not changed in accordance to the stamped drawings.
Thank you! cindy
! I ®«p4rt 4
t b�
y� ti
ontat pc
Cynthia E. Lott, Environmental Specialist 111
FL Dept. of Environmental Protection/SE District
Submerged Lands and Environmental Resource Permitting
3301Gun Club Road
MSC 7210-1
West Palm Beach, FL 33406
main line (561) 681-6600
ph (561) 681-6614 Cindy
fax (561) 681-6755
submit ERP applications to "SED Permitting@dep.state.fl.us"
Vie ERP documents and other related information @ http:Hwebapps.dep.state.fl.us/DepiNexus/public/search-port
From: m : Lydia Galbraith[mailto:galbraithl@stlucieco.org]
Sent: Tuesday, October 10, 2017 11:48 AM
To: Lott, Cynthia <Cynthia.Lott@dep.state.fl.us>
Subject: FW: Fw: Repo rt_FL_Review_Comments_Noncompliant_jrf.pdf, permit 1710-0112
Hi Cynthia,
See emails below. The FDEP was issued in 2014. They only installed the deck and not the boat lift. Are they correct that
the �FDEP is still ok?
Thank you,
File COPPY
1
0
El
is Galbraith
From: Wilco Construction Inc. <wilcoinc@bellsouth.net>
Sent: Tuesday, October 10, 2017 10:16 AM
To: Lydia Galbraith
Subject: Fw: Fw: Report _FL_ Review _ Comments_ Noncompliantjrf.pdf, permit 1710-0112
Attachments: floyd fdep exemption pg 1 and 2.pdf
Forwarded Message
F iom: Linda Petz <linenviron@gmail.com>
To: Wilco Construction Inc. <wilcoinc@bellsouth.net>
Sent: Tuesday, October 10, 2017 10:06 AM
Subject: Re: Fw: Report_FL_Review_Comments_NoncompliantJrf.pdf, permit 1710-0112
food Morning,
lease see the attached 2 pages from the exemption for Mr. Floyd.
ere is the explanation for Lydia (SLC) on attached pages 1 and 2
F the FDEP File 56-0317435-002:
I
K
Lil
1. The FDEP states ..... "verification will expire after one year, and will not be valid at
any other time IF site conditions materially change, the project design is modified, or
the statutes or rules governing the exempt activity are amended." [NOTHING HAS
CHANGED, SO THIS EXEMPTION IS STILL VALID... IF SHE WANTS SHE CAN
CONTACT CINDY LOTT, FDEP AS REQUIRED TO EXPLAIN].. (561) 681-
6614 Cindy ,
2. "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...." repeat of 1 above.
ope this helps.
ive a good one,
ida
OnlTue, Oct 10, 2017 at 9:17 AM, Wilco Construction Inc. <wilcoincCa)bellsouth.net> wrote:
Please see attached for Floyd Lot 921 Venture 3
Wilco Construction Inc.
10751 Orange Ave
Fort Pierce, FL 34945
Ph 772-460-6928 Fax 772-460-6929
www.wilcomarineconstruction. corn
File Copy
1
E
Law's Electricai It
5158 WPM
Pt St. Lucie FI
Inc.
.. . . . . . . . .
9
AND 1 SPECIFIED M°£�GJjVEERING- REVIEW.
OUNTING
T 7S , . 6UN.LIFT PRIVE_:UNIT
TING HARDWARE Y 'WITH
WIND .LOAD REOUIREMENTS-'OF THE
204 FLORIDA. ftU&DlNGd6DE, PER
ASC'E 7 AND'PER •DESIGN LOALj,
REQUIREMENTS .OF .THE.;2010 ALUMING"'
:ASSOCIATION'S :Df.SjdN MA-NQA.
DRIVE UNITS, INSTALLED AS PER :Rl� 771
INSTRUCTIONS; IVILLI.- EXCEED YLTWA -
DESIGN. WIND- SPEED OF. IN- MP
.(rxpb-SURT� �CA'kGOOY 6 OR I
BOATS ARE"
RE TO BE. REMOVED FROM, BOi
LIFTS PRIOR To,A MAJOR WIND.'k-VEP
2WW- ELECTRIC; MOTOR
AMPS 0 1lsV tA6H*
1 1 2.4 'AMPS; 1, 023 . OV I - EACH
00 11,.TY- 41.
TOTAL WA71S, 11466
1 1: Hog: �xtv% H 7T,57, X� f2.5. T1, q 4—jr-k
30, POO 4A T2.` TOPLESS X2
BOAT LIFT
R.-H)VE SCALE:, NTS' DAME• 711115 REV 1
AlCff PROFESSIONAL, :ENGINEERING
4A NO 26967
6526 sw KANsAi ACE. STUART, FL- S4997
PILING OUN. I.NG
kwiviumum. (29) 11, PIA. THRO. BOLTS,
FoR Wo CONCRETE. 'PILINGS
REQUIRED PER CONCRETE
16 Srdun
DRIVE UNITS 'PER FBC 2014.
W8 Electrical Se
6158., � ., � . -
NW Prim
Pt 6t, LUO lb: FL3
BQAILIF7S AND MAf
4050 SkWT
FORT PIERCE,
_1=800=5_44=0735--
Inc.. ,
F?
n
MARINE CONSTRUCTION SEAWALLS • DOCKS - RDATLIFTS • PILE DRIVING
10751 Orange Avenue I Fort Pierce, FL 34945 1 T'772.460.6928 I F 772.460.6929 I Lic. SCC #131151026
October 24, 2017
St Lucie County Building Dept
2300 Virginia Ave
Ft Pierce, FL 34982
772-462-1553
Re: Permit # 1710-0112
10701 S Ocean Dr. Lot 921
Please see attached Home Owners Association approval as requested
If you have any questions or concerns, Please feel free to give us a call.
Respec 'vely Submitted
1
R. Williams
U2/05A2015 16:19 FAX 7724606
Feb. 5, 2015 2:48PM VE UR 1.11
o i
NOTICE
IYILCO1J 001
A-�q No. 0577 P. 1
FORM #IOC, TO BE USED FOR
VENTUU HARBOUR INC.
WENTURE OUT ATT/��Cy,�l.[.�AN I y��j R I.
VENTM INC.
This ,form must be, atfaahed and made part of all dmw,irgs or plans regarding the installation,
consttwtim, ,remodeling, setting or resef ft of any permanent sftvotmle, ca =afe wo*, or any
outer type of work &at May be dfectecl by the rubs, regulations and bylaws of any of ffle above
associations,
This form sball also serve as 110ficeto ft owner or ommers of Lot O t { that the ovaner or
owners oar Uteir agents of Tait # M shall solely off; j of ntly be response Ie for the proper setting
and complime of oll xoles, regulations and bylaws of any of the above associations, and the
Codes, Saws, Rules and Regulations pertaWng to said woii[ as set futhby St. Lacie Cooly,
The owmr, owners, or their agents by signing this foi= shall hold h mniess Mfiy of the above
associations, its offleers, directors and committee personnel as pe idw to:ira and their duties and
responsibilities as the admiriistr cyu of said work,
Said work is approved as ,per dimensions sown on attaohed plan or dra: fiig this,
Data 3,—J/
Scope of'Work d C.
Association B-Qflditur Committee
Veli�ill/a P0 / ?. Assoomon
0,11,M,r A f Lot
$y� Date-,
$y. -
By:
ADDENDXM: Contractor avmes to attacked IndewhificaAmA Agreement, and also afrees
to k revocably indemnt*, save harmless mad pay to any adjacent Ovmor in =W of the above
10/24,12017
"of tail
(547 unread) - wilcoinc@bellsouth.net - att.net Mai
attntMob:ie E) v,
i U-vf�r��o OtLcom
0, All Wilco Construction Inc., search your mailbo seard, Mall
01i
Compose <* -0- 0 Archive F3 Move "@ Delete a Spam XAore
.. .. ..... .. . ..... ...... ........ ..... ... ... .. . .
Inbox
(547) Fwd: Floyd's dock/mooring/boat lift 101 People
Drafts
I Linda Petz <1inenviron@gmail.com> Today at 1A6 PM
Sent
ALhive
To - Wilco Construction Inc.
S
r am (1)
T
ash (18---------- Forwarded message ----------
5)
s�
mart Views Date: Tue, Oct 24, 2017 at 1:45 PM
Subject: Floyd's clock/mooring/boat lift 101
FtIclers
(87)
To: Linda Petz <Iinenviron(@(1maiI.com>
10751 ORAN... (4)
4675 N US 1
Ads Attention Linda,
Floyd's dock/mooring/boat lift 101.
ART WORK
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