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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. I MONT SIDES @ ahoo. dip sm RE4 k zK-G. TC 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. 1'SiT LLtfl a taf�x4P}(r� St cc§ j4 ,�'r)a rt i i} 4 r{ }st t. Y., ..+..�..•. Jil �.x. .1 ., _. �... _-. _.... :4,_ . x.Fl 2 L..,._: A:Ir. .5�r .... ,J_..N.. c, ,.. .i � t.. I...�F.... x�.?__ 'N r 0 56D311435,002 47 raJ: William Floyd n,cIndian FUver onst lo: dock/boallR &mooring z �^ O -r lJate: Sept ember 12, 2014 YA w J ',cy'y 8, G. Qb'✓7° �(� 4Sheeti - y'.� of 5 ytih' 08d Z� "fin � ��r�'�.• N eh l Z.;r Z^L1 TL �"i k''`t Y• J'6�'Jy 'Gv1. -! �53 t n F: �p�. �:� t{ 1}y 7 i y'� i �, _.y_ _...r _ i �' � � ) .'� ��r�. '"1 .rt.x L - p q., � e �H�^ :�7�•.�,8,; h . ,r t2.� i 5 .1§--�,t—..,,:y 4 �.:..- ,-.���t�. �5� r.�.ir�:c.: -.:Y.:_.+-�r'f�it<d ft�% tw'sSiJ�. s"�gta�? � ��h�:��i..-.�.t; �._._..:J'.�l-L1Ll aHa. :a;s�F.... .._..��.�.�:,�_.._L..y�+.,,�.__._...:,,u,...J�..,.�F•.,:.,. 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 o°°°° a . M e °OOOo E e O V F o o o o NO. o J yV! -AP 'OVED AUG 31 204r o STATE Cf 41 0 �o 0,�. �o °°o° F8 O R 1 0 °0°0008 0p0 Bonn ppp p00000 on 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 O M� YIN� BOATL/FTS AND MAR/NE PRODUCTS 4050 SELV/TZ ROAD B B7AK BRACXETS W RAWWAW 6 u°� �� ° `�"" �" 5 ' "E y e ' ' " �'Q " S0' ' W 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 oudof 5 2 km N -Z� 4zz "C'ql N. Daniel P*Ld RetAerforrd . 8c, z tM - U1 P.E. 72451 z�—, " % 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 Bank - K —6 q? R-16ig �-eRrNT.Dt 1—e Assdci�at� laf CaC-1fe4L= i6n fbrm �10.1 Burkhardt (4) MR 26 'Burkhardt P... (2) Circle Bay (3) c-�' e n �tw r MTN ln iFe� e Computer (1) CPA Deleted Messages dragonfly (1) Elvis _RKock; .LLGAM, Property Manager ellecording (1) nture .ek ThreeI' Fuel Tank - Orange A Tel: 772 229 -233 Health Insurance Fax; 772 229- 5859 Fieathcote (1) Email; Managerv-3c@earthlink.net Hi Tide (1) HURRICANE IRMA INDIANTOWN PICS Insurance (4) Linda Petz Environmental Consulting, LLC Job Pics Environmental Engineer, BSE, ME John Law (1) 2469 SE Dixie Highway Letterhead Template Stuart, FL 34996 0 772-85-5529 Martin Cou... (14) mist password form... Notes Pictures Piling Products - can piwko PSL Canal Park - Felix 20171024 pdf ROB RON S... (40) Sailfish Pt Marina Sea Oaks Marina Sent Messa... (10) Sewalls Point SPL TARPON FLATS V3 Vista Claims Westland - Ramada ,Lcent * Home 13 Wilco * hftps:/Img.Maii.yahoo.com/neo/launch?.partner--sbc&.rand=49h4c4boe761j#mail