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Home My WebLink AboutCorrected DEP Letter I Iwo MARINE CONSTRUCTION SEAWALLS•DOCKS•BOATLIFTS•PILE DRIVING 10751 Orange Avenue I Fort Pierce,FL 34945 T 772.460.6928 1 F 772.460.6929 1 Lic.SCC#1 3 1 1 51 026 July 24, 2017 St Lucie County Building Dept. 2300 Virginia Ave Fort Pierce, FL 34982 Re: Corrected FDEP Letter Of Approval As requested, Please see attached corrected FDEP letter of approval for Permit# 1706-0564. If you have any questions or concerns, Please feel free to give us a call. Respectively Submitwd �r Heather Pepera H*Ak Scat aaa J)e part ?,P' Florida Department of Rick Governor Environmental Protection Carlos Lopez-Cantera fi c SOUTHEAST DISTRICT OFFICE Lt. Governor 3301 GUN CLUB ROAD, MSC 7210-1 10 ova` WEST PALM BEACH, FL 33406 Noah Valenstein @n :a� p` 561-681-6600 Secretary July 6. 2017 Barrie Welch 70L'—D5764 nj.C �1TZIjCIn 10701 S Ocean Dr. Lot 876 ST.LLCnF rrnL71vTY RFyIF; RT�I. ' Oell'LL�.tiCE Jensen Beach,FL 34957 NED FOR EL Y Sent via e-mail to: linenviron()F-mail.com D OATE 11i- KEPT ON JOB i Re: File No.: 56-0146863-002-EE �R �,S ECT16?-��1LL BF,�1�& File Name: Gilbert,Fred This letter supersedes the letter previously issued on June 13, 2017, correcting a technical error. Dear Mr. Welch: On May 26,2017,we received your application for an exemption to replace a 4.5 ft. by 40 ft. dock(total 180 sq. ft.)in the same location and of the same configuration and dimensions as the existing dock. The project is located in the Indian River,within the Jensen Beach to Jupiter Inlet Aquatic Preserve,Outstanding Florida Waters,Class III Waters, adjacent to 10701 S Ocean Dr. Lot 876 Jensen Beach(Section 11,Township 37 South,Range 41 East),in St. Lucie County (Latitude N 27' 16' 18.13",Longitude W 80' 12' 32.60"). This determination does not convey or create any property right, or any interest in real property. This determination does not authorize any trespass, entrance upon, or activities on property which is not owned or controlled by you, or convey any rights or privileges other than those specified in this determination and applicable rules and statutes. You shall hold and save the Department harmless from any and all damages, claims, or liabilities which may arise by reason of the activities described in this determination or any use of the structure/activities. 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 United States. CONCEALED FASTENERS OR ATTACHMENTS THESE ARE SUB ENS TOD ALL PROPOSED WORK ARE THE RESPONSIBILITY OF THE REQUIRE BY FI ANY CORRECTIONS CONTRACTOR OF RECORDM�,�, �r11,SPEcroRs rHAr COPY COMPLY WITH I ORDER TO FILE H ALL APPLICABLE CODES. File No.:56-0146863-002-EE File Name:Gilbert,Fred Page 2 of 6 Your project qualifies for all three. However, this letter does not relieve you from the responsibility of obtaining other federal,state, or local authorizations that may be required for the activity. 1. Regulatory Review—VERIFIED . Based on the information submitted,the Department has verified that the activity as proposed is 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 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. However, 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;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—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 18-18, 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 rule 18-21.005(1)(c), F.A.C. and section 253.77 of the 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. No further application is required for this consent of use. 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 Trustees 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. General Conditions for State-Owned Submerged Land Authorizations: File No.:56-0146863-002-EE File Name:Gilbert,Fred Page 3 of 6 (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 suspension 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 acknowledgment 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 minimise adverse impacts to sovereignty submerged lands and resources. (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 unlawfully 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 repaired 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—SPGP APPROVED Your proposed activity as outlined on your application and attached drawings qualifies for Federal authorization pursuant to the State Programmatic General Permit V, and a separate permit or authorization will not be required from the Corps.Please note that the Federal authorization expires on July 26,2021. You, as permittee, are required to adhere to all General Conditions and Special conditions that may apply to your project." A copy of the SPGP V with all terms and conditions and the General Conditions may be found at httn://www.sai.usace army mil/Portals/44/docs/regulatory/sourcebook/pennitting/eeneral permits /SPGP/SPGPV-Permit%20Instrument-Complete pdf?ver=2016-07-27-071925-250. 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