HomeMy WebLinkAboutAPPROVED Morales DEP
www.floridadep.gov
FLORIDA DEPARTMENT O F
Environmental Protection
Southeast District Office
3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL 33406
561-681-6600
Ron DeSantis
Governor
Jeanette Nuñez
Lt. Governor
Noah Valenstein
Secretary
November 18, 2020
Gladys Gonzalez
151 Nettles Blvd.,
Jensen Beach, FL 34957
Sent via e-mail: mickey@easternrail.net
Re: File No.: 56-0166462-001-EE
File Name: Sunset Dream Homes, LLC.
Dear Ms. Gonzalez:
On November 11, 2020, we received your request for verification of exemption to perform the
following activities: repair and replace an existing 12 ft. by 24 ft. dock in the same location and
same configuration and dimensions as the existing dock . The project is located within the Jensen
Beach to Jupiter Inlet Aquatic Preserve, Outstanding Florida Waters, Class II Waters, adjacent to
151 Nettles Blvd., Jensen Beach , (Section 3, T ownship 37 South, Range 41 East), in Saint Lucie
County (Latitude N 27 17’ 15.90”, Longitude W 80 13’ 33.53”).
Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption,
(2) proprietary authorization (related to state -owned submerged lands), and (3) federal approval
that may be necessary for work in wetlands or waters of the Unit ed States.
Your project did not qualify for the federal authorization of this verification request. Additional
authorization must be obtained prior to commencement of the proposed activity . This letter
does not relieve you from the responsibility of obtaining other federal, state, or local
authorizations that may be required for the activity. Please refer to the specific section(s) dealing
with that portion of the review below for advice on how to proceed.
If you change the project from what you submitted, the authorization(s) granted may no longer
be valid at the time of commencement of the project. Please contact us prior to beginning your
project if you wish to make any changes.
If you have any questions regarding this matter, please contact B ruce Kay at the letterhead
address or at (561) 681-6695, Bruce.Kay@FloridaDEP.gov
Project No.: 56-0166462-001-EE
Project Name: Sunset Dream Homes LLC
Page 2 of 7
1. Regulatory Review – VERIFIED
Based on the information submitted, the Department has verified that the activity as proposed i s
exempt, under Chapter 62-330.051(5)(d), Florida Administrative Code, from the need to obtain a
regulatory permit under Part IV of Chapter 373 of the Florida Statutes.
This exemption verification is based on the information you provided the Department and the
statutes and rules in effect when the information was submitted. This verification may not be
valid if site conditions materially change, the project design is modified, or the statutes or rules
governing the exempt activity are amended. In the event you need to re-verify the exempt status
for the activity, a new request 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.
2. Proprietary Review- GRANTED
The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund
(Board of Trustees) and issues certain authorizations for the use of sovereign submerged lands.
The Department has the authority to review activities on sovereign submerged lands under
Chapters 253 and 258 of the Florida Statutes, and Chapters 18 -20 and 18-21 of the Florida
Administrative Code.
The activity appears to be located on sovereign submerged lands owned by the Board of
Trustees. The activity is not exempt from the need to obtain the applicable proprietary
authorization. As staff to the Board of Trustees, the Department has reviewed the activity
described above, and has determined that the activity qualifies for a letter of consent under
Section 253.77, Florida Statutes, to construct and use the activity on the specified sovereign
submerged lands, as long as the work performed is located within the boundaries as described
herein and is consistent with the terms and conditions herein.
During the term of this Letter of Consent you shall maintain satisfactory evidence of sufficient
upland interest as required by paragraph 18 -21.004(3)(b), Florida Administrative Code. If such
interest is terminated or the Board of Trustees determines that such interest did not exist on the
date of issuance of this Letter of Consent, this Letter of Consent may be terminated by the Board
of Trustees at its sole option. If the Board of Trustee s terminates this Letter of Consent, you
agree not to assert a claim or defense against the Board of Trustees arising out of this Letter of
Consent.
Special Consent Conditions
1. The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and
the State of Florida from all claims, actions, lawsuits and demands in any form arising
out of the authorization to use sovereignty submerged lands or the applicant’s use and
construction of structures on sovereignty submerged lands. This duty to indemnify and
hold harmless will include any and all liabilities that are associated with the structure or
activity including special assessments or taxes that are now or in the future assessed
against the structure or activity during the period of the au thorization.
Project No.: 56-0166462-001-EE
Project Name: Sunset Dream Homes LLC
Page 3 of 7
2. Failure by the Board of Trustees to enforce any violation of a provision of the
authorization or waiver by the Board of Trustees of any provision of the authorization
will not invalidate the provision not enforced or waived, nor will the fai lure to enforce or
a waiver prevent the Board of Trustees from enforcing the unenforced or waived
provision in the event of a violation of that provision.
3. Applicant binds itself and its successors and assigns to abide by the provisions and
conditions set forth in the authorization. If the applicant or its successors or assigns fails
or refuses to comply with the provisions and conditions of the authorization, the
authorization may be terminated by the Board of Trustees after written notice to the
applicant or its successors or assigns. Upon receipt of such notice, the applicant or its
successors or assigns will have thirty (30) days in which to correct the violations. Failure
to correct the violations within this period will result in the automatic revoc ation of this
authorization.
4. All costs incurred by the Board of Trustees in enforcing the terms and conditions of the
authorization will be paid by the applicant. Any notice required by law will be made by
certified mail at the address shown on page one of the authorization. The applicant will
notify the Board of Trustees in writing of any change of address at least ten days before
the change becomes effective.
5. This authorization does not allow any activity prohibited in a conservation easement or
restrictive covenant that prohibits the activity.
General Conditions for Authorizations for Activities
All authorizations granted by rule or in writing under Rule 18 -21.005, F.A.C., except those for
geophysical testing, shall be subject to the general conditions as set forth in paragraphs (a) through
(i) below. The general conditions shall be part of all authorizations under this chapter, shall be
binding upon the grantee, and shall be enforceable under Chapter 253 or 258, Part II, F.S.
(a) Authorizations are valid only for the specified activity or use. Any unauthorized deviation
from the specified activity or use and the conditions for undertaking that activity or use shall
constitute a violation. Violation of the authorization shall result in suspe nsion or revocation of
the grantee’s use of the sovereignty submerged land unless cured to the satisfaction of the Board.
(b) Authorizations convey no title to sovereignty submerged land or water column, nor do they
constitute recognition or acknowledgm ent of any other person’s title to such land or water.
(c) Authorizations may be modified, suspended or revoked in accordance with their terms or the
remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18 -14, F.A.C.
(d) Structures or activities shall be constructed and used to avoid or minimize adverse impacts to
sovereignty submerged lands and resources.
Project No.: 56-0166462-001-EE
Project Name: Sunset Dream Homes LLC
Page 4 of 7
(e) Construction, use, or operation of the structure or activity shall not adversely affect any
species which is endangered, threatened or of special concern, as listed in Rules 68A -27.003,
68A-27.004, and 68A-27.005, F.A.C.
(f) Structures or activities shall not unreasonably interfere with riparian rights. When a court of
competent jurisdiction determines that riparian rights have been u nlawfully affected, the
structure or activity shall be modified in accordance with the court’s decision.
(g) Structures or activities shall not create a navigational hazard.
(h) Structures shall be maintained in a functional condition and shall be repair ed or removed if
they become dilapidated to such an extent that they are no longer functional. This shall not be
construed to prohibit the repair or replacement subject to the provisions of Rule 18 -21.005,
F.A.C., within one year, of a structure damaged in a discrete event such as a storm, flood,
accident, or fire.
(i) Structures or activities shall be constructed, operated, and maintained solely for water
dependent purposes, or for non -water dependent activities authorized under Paragraph 18 -
21.004(1)(f), F.A.C., or any other applicable law.
3. Federal Review - NOT APPROVED
Your proposed activity as outlined on your application and attached drawings does not qualify
for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE
permit or authorization shall be required from the Corps. You must apply separately to the
Corps using their APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT, ENG
FORM 4345, or alternative as allowed by their regulations. More information on Corps
permitting may be found online in the Jacksonville District Regulatory Division Source Book at:
https://www.saj.usace.army.mil/Missions/Regulatory/Source -Book.
Authority for review - an agreement with the USACOE entitled “Coordination Agreement
Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department
of Environmental Protection (or Duly Authorized Designee), State Programmatic General
Permit”, Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water
Act.
Additional Information
Please retain this letter. The activities may be inspected by authorized state personnel in the
future to ensure compliance with appropriate statu tes 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.
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a petition
for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the
deadline for filing a petition. On the filing of a tim ely and sufficient petition, this action will not be
Project No.: 56-0166462-001-EE
Project Name: Sunset Dream Homes LLC
Page 5 of 7
final and effective until a subsequent order of the Department. Because the administrative hearing
process is designed to formulate final agency action, the hearing process may result in a modification of the
agency action or even denial of the application.
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 Rules 28 -
106.201 and 28 -106.301, 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 na me, address, any e -mail address, any facsimile number, and telephone number of
the petitioner, if the petitioner is not represented by an attorney or a qualified
representative; 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 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, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. 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 and persons entitled to written notice under Section 120.60(3), F.S., must be filed
within 14 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 14 days of publication of the notice or within 14 days of receipt of the written notice,
whichever occurs first. You cannot justifiably rely on the finality of this decision unless notice
of this decision and the right of substantially affected persons to challenge this decision has been
duly published or otherwise provided to all persons substantially affected by the decision. While
you are not required to publish notice of this action, you may elect to do so pursuant Rule 62 -
110.106(10)(a).
Project No.: 56-0166462-001-EE
Project Name: Sunset Dream Homes LLC
Page 6 of 7
The failure to file a petition within the appropriate time period shall constitute a waiver of that
person's right to request an administrative determination (hearing) under Sections 120.569 and
120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent
intervention (in a proceeding initiated by another party) will be only at the discretion of the
presiding officer upon the filing of a motion in compliance with Rule 28 -106.205, F.A.C. If you
do not publish notice of this action, this waiver will not apply to persons who have not received
written notice of this action.
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the
Department’s action may also request an extension of time to file a petition for an administrative
hearing. The Department may, for good cause shown, grant the request for an extension of time.
Requests for extension of time must be filed with the Office of General Counsel o f the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399 -
3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for
filing a petiti on for an administrative hearing. A timely request for extension of time shall toll the
running of the time period for filing a petition until the request is acted upon.
Mediation
Mediation is not available in this proceeding.
FLAWAC Review
The applicant , or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may
also seek appellate review of this order before the Land and Water Adjudicatory Commission
under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water
Adjudicatory Commission must be filed with the Secretary of the Commission and served on the
Department within 20 days from the date when this order is filed with the Clerk of the
Department.
Judicial Review
Once this decision becomes final, 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 Florida Rules of
Appellate Procedure 9.110 and 9.190 with the Clerk of the Departmen t in the Office of General
Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 -3000) and by
filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the
appropriate district court of appeal. The notice must be filed within 30 days from the date this
action is filed with the Clerk of the Department.
Project No.: 56-0166462-001-EE
Project Name: Sunset Dream Homes LLC
Page 7 of 7
EXECUTION AND CLERKING
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
_________________________________
Jeffrey Meyer
Environmental Manager
Southeast District
Enclosures:
Attachment A- Specific Exemption Rule
Project drawings, 4 pages
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this document and all
attachments were sent on the filing date below to the following listed persons:
FDEP – Jeff Meyer, Bruce Kay
Bruce Jerner, Jerner & Associates, jerner@bellsouth.net
Additional mailings:
Irene Arpayoglou Irene.Arpayoglou@dep.state.fl.us
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
November 18, 2020
Clerk Date
Attachment A
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.,
as applicable.
(5) Dock, Pier, Boat Ramp and Other Boating-related Work ‒
(d) Replacement or repair of existing docks and piers, including mooring piles, in accordance with section
403.813(1)(d), F.S., provided the existing structure is still functional or has been rendered non -functional within the
last year by a discrete event, such as a storm, flood, accident, or fire.
Date: 11/6/20
SHEET 1Jerner & Associates, Inc.
Marine & Environmental Consulting
2537 SE Alfonso Ave. Port St. Lucie, FL 34952
Ph.(772)283-2950
JERNER@BELLSOUTH.NET
SUNSET DREAM HOMES LLC
151 NETTLES BLVD
JENSEN BEACH
Date: 11/6/20
SHEET 2Jerner & Associates, Inc.
Marine & Environmental Consulting
2537 SE Alfonso Ave. Port St. Lucie, FL 34952
Ph.(772)283-2950
JERNER@BELLSOUTH.NET
SUNSET DREAM HOMES LLC
151 NETTLES BLVD
JENSEN BEACH
Date: 11/6/20
SHEET 3Jerner & Associates, Inc.
Marine & Environmental Consulting
2537 SE Alfonso Ave. Port St. Lucie, FL 34952
Ph.(772)283-2950
JERNER@BELLSOUTH.NET
SUNSET DREAM HOMES LLC
151 NETTLES BLVD
JENSEN BEACH
34.64’ SHORELINE 12’24’
INDIAN RIVER LAGOON
1,600’ WIDE
SEAWALL CAP
REPLACE EXISTING DOCK IN
SAME FOOTPRINT
1” = 10’
NO PORTION OF DOCK TO
BE AFFIXED TO SEAWALLLADDER
NETTLES ISLAND INC, A CONDO-SECTION II PARCEL
Date: 11/6/20
SHEET 4Jerner & Associates, Inc.
Marine & Environmental Consulting
2537 SE Alfonso Ave. Port St. Lucie, FL 34952
Ph.(772)283-2950
JERNER@BELLSOUTH.NET
SUNSET DREAM HOMES LLC
151 NETTLES BLVD
JENSEN BEACH
Design Windload Information
Code: FBC 2017 6TH ADD/ FRC 2017/
ASCE 7-10
Wind Speed: 170 MPH, 3 Second Gust
Exposure “D”
Importance Factor: 1.0
Internal Pressure Coeff.: 0.00
Height: <10 Ft. Mean
SGL Bolts, Nut,
Washers 5/8” H.D.
Galv. Or S.S. (304) w
Nut Fully Threaded
Dock Section Thru Dock Plan View
Min. 8” Dia. 2.5
CCA treated piles
SYP Decking w ½” plank
spacing .Fasten w #10 3”
SS (304) Screws, 2 per
Stringer
Stringers 24”
O.C. Max
12’
Center Stringer(s) toe Nailed w (2) #16 SS
(304) Ring Shank Nails @ Each Bent, Outside
Stringers Face Nailed w #16 SS (304) Ring
Shank Nails , Inside or Outside Stringers
2” x 8” P.T. SYP, .40
ACQ treated stringers to
be butt jointed, butt
joints to be staggered.
2” x 8” P.T. SYP, .40
ACQ treated DBL bents
..
MHW Piles 10’ Max. O.C. Each WayMLW
Live Load 40 lbs. / Sq Ft
Dead Load 5 lbs. / Sq Ft
RIVER BOTTOM
12’
Pilings jetted to a minimum depth of 6’ and as
necessary to provide adequate bearing and stability5’