HomeMy WebLinkAboutFlorida Department of Regulation (FDEP) Permit or Exemption i
Rick Scott
P
a °eP��=n, Florida De artment of Governor
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Environmental Protection
Carlos Lopez-Canters
All SOUTHEAST DISTRICT OFFICE Lt. Governor
3301 GUN CLUB ROAD, MSC 7210-1
�° tm WEST PALM BEACH, FL 33406 Jonathan P. Steverson
@ntal pt° 561-681-6600 Secretary
Project Name: Phillips
MIN.SETBACK W.
Permittee/Authorized Entity:
Diane Phillips FFON:T
C,O.c4O ` 4, 7001 S Indian River Drive SIDES
w�q 4,G,�ti Ft. Pierce, FL 34982 C14F SIDES
Email: dane.phillips(r.D,gulfstream.com FAR
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Authorized Agent: TECH ti-
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Danna Small
DLS Environmental Services, Inc.
Email: danna(a),dlsenvironmentalservices.com
PR OPT WORK
THESE PANS AND ALL ORREC ronmental Resource Permit-Granted
ARE SUBJECT TO ANY PECTORS THAT
FIEQUIRED BY FIELD 1� p�submerged Lands Authorization—Granted
mAY B W 7H ALL APPLICABLE C ,
C7 .Army Corps of Engineers Authorization—Separate Corps Authorization Required
Permit No.: 56-0180855-003-EI
TS
CONCEALED FASTENER'OR A®fC�H Permit Issuance January 10,2017
ARE THE RESPONSIBILITY
COIiIMMORMiniit Construction Phase Expiration January 09, 2022
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www.dep.state.f..us
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Consolidated Environmental Resource Permit
and
State-owned Submerged Lands Authorization
Permit No.: 56-0180855-003-EI
PROJECT LOCATION
The activities authorized by this Permit and state-owned submerged lands authorization are located
within the Indian River, within the Jensen Beach to Jupiter Inlet Aquatic Preserve, Outstanding Florida
Waters, Class III Waters, adjacent to 7001 South Indian River Drive, Ft. Pierce (Section 12, Township
36 South,Range 40 East),in St.Lucie County(Latitude N 27'21'29.82",Longitude W 80' 17' 00.35").
PROJECT DESCRIPTION
The permittee is authorized to replace an existing 540 sq.ft.dock with a 920 sq. ft.dock consisting
of a 4 ft.by 195 ft. (780 sq. ft.)access walkway, and a 8 ft.by 20 ft. (160 sq. ft.)terminal platform,
with two associated mooring areas, one of which will contain a boatlift.
The submerged bottom at the project site consists of Syringodium filiforme and Halodule wrightii
seagrasses; and the shoreline at the project site is natural. The entire access walkway shall have
0.5-inch deck spacing and the terminal platform shall be constructed of grated decking. All
chemically treated wooden piles shall be wrapped with industry standard inert synthetic material
from one ft. above the MHWL to one ft. below the substrate. To prevent unauthorized mooring,
rope handrails shall be installed along all the access walkway portion of the dock, including two
"No Mooring" signs, as shown on the permit sketches. The ramp section shall extend a 20-ft.
distance to meet ADA requirements, and the terminal platform shall have a 25% lower elevation
to facilitate vessel boarding.
To prevent adverse impacts to existing seagrasses,the surface of the new dock addition shall ramp
up from the end of the existing access elevation of 3.5 ft. to a minimum of 5 ft. above the mean
high water line(MHWL).Additionally,as described above,the dock shall consist of 0.5-inch deck
spacing and grated decking.
The dock shall terminate in water depths of minus 3 ft. mean low water(MLW) over submerged
resources. This permit authorizes a maximum of two boatlift mooring areas, and to ensure
adequate clearance between the submerged resources and the bottom of the propeller, the
maximum draft (with the engine in the down position) of the vessels to be moored shall be 12
inches.
The attached standard manatee conditions (version 2011) shall be adhered to during all in-water
work. Prior to construction commencement, weighted floating turbidity curtains, extending to
within one-foot from the submerged bottom shall be utilized around the project area to ensure that
any turbidity resulting from construction activities will be contained within the project boundaries.
All water bodies, including any adjacent submerged aquatic vegetation outside the specific limits
of construction authorized by this permit shall be protected from erosion, siltation, sedimentation,
and/or scouring.
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Project Name:Phillips
Permit No.: 56-0180855-003-EI
Page 2 of 14
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AUTHORIZATIONS
Environmental Resource Permit
The Department has determined that the activity qualifies for an Environmental Resource Permit.
Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of Chapter
373,Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code(F.A.C.).
Sovereignty Submerged Lands Authorization
The activity is located on sovereignty submerged lands owned by the State of Florida. It therefore
also requires authorization from the Board of Trustees of the Internal Improvement Trust Fund
(Board of Trustees), pursuant to Article X, Section 11 of the Florida Constitution, and Section
253.77,F.S., and Chapter 258, F.S.
As staff to the Board of Trustees under Sections 253.002, F.S., the Department has determined
that the activity qualifies for and requires a Letter of Consent, as long as the work performed is
located within the boundaries as described 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 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.
Federal Authorization
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) 472-3508, for status and further
information. Failure to obtain Corps authorization prior to construction could subject you to
federal enforcement action by that agency.
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.
Coastal Zone Management
Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal Zone
Management Program, as required by Section 307 of the Coastal Zone Management Act.
Water Quality Certification
This permit also constitutes a water quality certification under Section 401 of the Clean Water Act,
33 U.S.C. 1341.
Project Name:Phillips
Permit No.:56-01808S5-003-EI
Page 3 of 14
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Other Authorizations
are advised that authorizations or permits for this activity may be required b other federal,
You p Y Y q Y
state, regional, or local entities including but not limited to local governments or municipalities.
This permit does not relieve you from the requirements to obtain all other required permits or
authorizations.
The activity described may be conducted only in accordance with the terms, conditions and
attachments contained in this document. Issuance and granting of the permit and authorizations
herein do not infer, nor guarantee, nor imply that future permits, authorizations, or modifications
will be granted by the Department.
PERMIT/SOVEREIGNTY SUBMERGED LANDS CONDITIONS
The activities described must be conducted in accordance with:
• The Specific Conditions
• The General Conditions
• The Special Consent Conditions
• The General Conditions for Sovereignty Submerged Lands Authorization
• The limits, conditions and locations of work shown in the attached drawings
• The term limits of this authorization
You are advised to read and understand these conditions and drawings prior to beginning the
authorized activities, and to ensure the work is conducted in conformance with all the terms,
conditions, and drawings herein. If you are using a contractor,the contractor also should read and
understand these conditions and drawings prior to beginning any activity. Failure to comply with
these conditions, including any mitigation requirements, shall be grounds for the Department to
revoke the permit and authorization and to take appropriate enforcement action.
Operation of the facility is not authorized except when determined to be in conformance with all
applicable rules and this permit and sovereignty submerged lands authorization, as described.
SPECIFIC CONDITIONS-PROJECT FORMS &ATTACHMENTS
(1) The attached project drawings (sheets 1 through 8); the Standard Manatee
Conditions for In-Water Work, 2011, which can be downloaded at can be downloaded at
hitp://myLvc.com/media/415448/Manatee_StdCondIn_waterWork.pdf; and DEP forms 62-
330.310(3), 62-330.310(l); 62-330.310(2); 62-330.340(l); and 62-330.350(1),which may be
downloaded at http://www.dep.state.fl.us/water/wetlands/erp/fonns.htm become part of this
permit. If the permittee does not have access to the Internet,please contact the Department at
(561) 681-6600 to request the forms and/or document(s).
SPECIFIC CONDITIONS -PRIOR TO CONSTRUCTION
(2) After selection of the contractor to perform the authorized activities and prior to
the initiation of any work authorized by this permit, the permittee (or authorized agent) and the
contractor shall attend a pre-construction conference with a representative of the Department. It
shall be the responsibility of the permittee to contact this project's Compliance Project Manager,
Jonathan Pempek, by email Jonathan.pempek(a,dep.state.fl.us, or by phone (561) 681-6601, to
Project Name:Phillips
Permit No.:56-0180855-003-EI
Page 4 of 14
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schedule the pre-construction conference. If the assigned Compliance Project Manager cannot be
reached,the permittee shall contact the ERP Program Compliance/Enforcement section by phone
(561) 681-6600,to schedule the pre-construction conference.
SPECIFIC CONDITIONS—CONSTRUCTION ACTIVITIES
(3) Prior to construction, floating turbidity curtains shall be installed and shall remain
in place for the duration of the project construction to ensure that turbid discharges do not occur
outside the boundaries of the floating turbidity screens.
(4) All storage or stockpiling of tools or materials (i.e. lumber, pilings, debris, etc.)
shall be limited to uplands or on the construction barges. There shall be no storage or stockpiling
of tools,materials (i.e., lumber,pilings, debris), along the shoreline or below the mean high water
line.
(5) All watercraft associated with the construction of the permitted structure shall only
operate within waters of sufficient depth (one-foot clearance from the deepest draft of the vessel
to the top of submerged resources) to preclude bottom scouring, prop dredging, or damage to
submerged resources.
(6) Turbidity levels outside the construction area shall not exceed 0 NTU's above
ambient levels. The following measures shall be taken immediately by the permittee whenever
turbidity levels within waters of the State surrounding the project site exceed ambient turbidity
levels of the surrounding Outstanding Florida Waters:
a. Notify the Department at(561) 681-6601 at the time the violation is first detected.
b. Immediately cease all work contributing to the water quality-violation.
C. Stabilize all exposed soils contributing to the violation. Modify the work
procedures that were responsible for the violation, install more turbidity
containment devices, and repair any non-functional turbidity containment devices.
d. As required,perform turbidity monitoring per Specific Conditions below.
e. Resume construction activities once turbidity levels outside turbidity curtains fall
below background levels.
(7) Water turbidity levels shall be monitored if a turbidity plume is observed outside
the limits of the required turbidity control devices. Samples shall be taken every four hours, one
foot above the bottom, mid-depth, and one-foot below the surface at monitoring stations located
as follows:
a. Approximately 100 feet up-current of the work sites and clearly outside the
influence of construction activities. (This shall serve as the natural background
sample against which other turbidity readings shall be compared.)
b. Directly outside the turbidity curtains surrounding the work sites and within the
densest portion of any visible turbidity plume. (This sample shall serve as the
compliance sample.)
Project Name:Phillips
Permit No.:56-0180855-003-EI
Page 5 of 14
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During dock construction activities the ermittee or ermittee s contractor shall
(g) u g d p p
collect the following turbidity monitoring data at the frequency and water depths directed by the
Specific Condition above:
a. Date and time of sampling event
b. Turbidity sampling results (background NTUs, compliance NTUs, and the
difference between them)
C. Description of data collection methods
d. An aerial map indicating the sampling locations
e. Depth of sample(s)
f. Weather conditions at times of sampling
g. Tidal stage and direction of flow
Data shall be collected in a turbidity log and shall include a statement by the individual
responsible for implementation of the sampling program attesting to the authenticity,precision,
limits of detection, and accuracy of the data. The turbidity log shall be scanned and sent on a
weekly basis to the Department's Compliance Project Manager, Jonathan Pempek,by email
jonathan.pempekna,dep.state.fl.us. The subject line of the email shall include the project name,
permit number, and the title"Turbidity Monitoring Reports."
SPECIFIC CONDITIONS—OPERATION AND MAINTENANCE ACTIVITIES
(9) To allow maximum light penetration and minimize impacts to seagrasses, the
surface of the new dock extension shall be elevated to 5 ft. above the Mean High Water line
(MHW). The entire access walkway shall be constructed with 0.5-inch deck spacing and the
terminal platform shall be constructed with grated decking, as shown on attached permit
sketches.
(10) Prior to installation, all chemically treated wooden piles shall be wrapped with
industry standard inert synthetic material from one ft. above the MHWL to one ft. below the
substrate.
(11) To ensure adequate clearance between the submerged seagrass resources and the
bottom of the propeller, the.maximum draft(with the engine in the down position) of the vessels
shall be 12-inches.
(12) To prevent unauthorized mooring,rope or rigid handrails shall be installed along
the entire access walkway, including No Mooring signs, as shown on the sketch drawings.
(13) The dock shall not be occupied by a liveaboard. A liveaboard vessel shall be
defined as a vessel docked at a facility that is inhabited by a person or persons for any 5
consecutive days or a total of 10 days within a 30-day period.
SPECIFIC CONDITIONS—MANATEE CONDITIONS i
(14) During all in-water work, the permittee shall comply with the standard manatee
protection construction conditions listed in the attached 1-page"Standard Manatee Conditions
for In-Water Work, 2011".
Project Name:Phillips
Permit No.: 56-0180855-003-EI
Page 6 of 14
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GENERAL CONDITIONS FOR INDIVIDUAL PERMITS
The following general conditions are binding on all individual permits issued under chapter 62-
330,F.A.C.,except where the conditions are not applicable to the authorized activity,or where the
conditions must be modified to accommodate project-specific conditions.
(1) All activities shall be implemented following the plans, specifications and
performance criteria approved by this permit. Any deviations must be authorized in a permit
modification in accordance with Rule 62-330.315,F.A.C.Any deviations that are not so authorized
may subject the permittee to enforcement action and revocation of the permit under Chapter 373,
F.S.
(2) A complete copy of this permit shall be kept at the work site of the permitted
activity during the construction phase, and shall be available for review at the work site upon
request by the Agency staff. The permittee shall require the contractor to review the complete
permit prior to beginning construction.
(3) Activities shall be conducted in a manner that does not cause or contribute to
violations of state water quality standards. Performance-based erosion and sediment control best
management practices shall be installed immediately prior to, and be maintained during and after
construction as needed,to prevent adverse impacts to the water resources and adjacent lands. Such
practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer
and Reviewer Manual (Florida Department of Environmental Protection and Florida Department
of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control
Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source
Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference
in subparagraph 62-330.050(9)(b)5.,F.A.C.,unless aproject-specific erosion and sediment control
plan is approved or other water quality control measures are required as part of the permit.
(4) At least 48 hours prior to beginning the authorized activities, the permittee shall
submit to the Agency a fully executed Form 62-330.350(1), "Construction Commencement
Notice," [October 1, 2013], which is incorporated by reference in paragraph 62-330.350(1)(d),
F.A.C., indicating the expected start and completion dates. A copy of this form may be obtained
from the Agency,as described in subsection 62-330.010(5),F.A.C.If available,an Agency website
that fulfills this notification requirement may be used in lieu of the form.
(5) Unless the permit is transferred under Rule 62-330.340,F.A.C.,or transferred to an
operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans,
terms and conditions of the permit for the life of the project or activity.
(6) Within 30 days after completing construction of the entire project, or any
independent portion of the project, the permittee shall provide the following to the Agency, as
applicable:
a. For an individual,private single-family residential dwelling unit, duplex, triplex, or quadruplex
— "Construction Completion and Inspection Certification for Activities Associated with a
Private Single-Family Dwelling Unit"[Form 62-330.310(3)]; or
Project Name:Phillips
Permit No.:56-0180855-003-EI
Page 7 of 14
Fp'b. For all other activities — "As-Built Certification and Request for Conversion to Operational
Phase"[Form 62-330.310(1)].
c. If available, an Agency website that fulfills this certification requirement may be used in lieu of
the form.
(7) If the final operation and maintenance entity is a third party:
a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or
within 30 days of as-built certification, whichever comes first, the permittee shall submit, as
applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3
of Volume I)as filed with the Department of State,Division of Corporations and a copy of any
easement,plat, or deed restriction needed to operate or maintain the project, as recorded with
the Clerk of the Court in the County in which the activity is located.
b. Within 30 days of submittal of the as-built certification,the permittee shall submit"Request for
Transfer of Environmental Resource Permit to the Perpetual Operation Entity" [Form 62-
330.310(2)] to transfer the permit to the operation and maintenance entity, along with the
documentation requested in the form. If available, an Agency website that fulfills this transfer
requirement may be used in lieu of the form.
(8) The permittee shall notify the Agency in writing of changes required by any other
regulatory agency that require changes to the permitted activity,and any required modification of this
permit must be obtained prior to implementing the changes.
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(9) This permit does not:
a. Convey to the permittee any property rights or privileges,or any other rights or privileges other
than those specified herein or in Chapter 62-330,F.A.C.;
b. Convey to the permittee or create in the permittee any interest in real property;
c. Relieve the permittee from the need to obtain and comply with any other required federal,state,
and local authorization, law,rule,or ordinance; or
d. Authorize any entrance upon or work on property that is not owned, held in easement, or
controlled by the permittee.
(10) Prior to conducting any activities on state-owned submerged lands or other lands of
the state,title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund,the
permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S.
Written authorization that requires formal execution by the Board of Trustees of the Internal
Improvement Trust Fund shall not be considered received until it has been fully executed.
(11) The permittee shall hold and save the Agency harmless from all damages, claims, or
liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal,
abandonment or use of any project authorized by the permit.
(12) The permittee shall notify the Agency in writing:
a. Immediately if any previously submitted information is discovered to be inaccurate; and
b. Within 30 days of any conveyance or division of ownership or control of the property or the
system, other than conveyance via a long-term lease, and the new owner shall request transfer
of the permit in accordance with Rule 62-330.340,F.A.C.This does not apply to the sale of lots
Project Name:Phillips
Permit No.: 56-0180855-003-EI
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or units in residential or commercial subdivisions or condominiums where the stormwater
management system has been completed and converted to the operation phase.
(13) Upon reasonable notice to the permittee,Agency staff with proper identification shall
have permission to enter, inspect, sample and test the project or activities to ensure conformity with
the plans and specifications authorized in the permit.
(14) If any prehistoric or historic artifacts,such as pottery or ceramics,stone tools or metal
implements, dugout canoes, or any other physical remains that could be associated with Native
American cultures, or early colonial or American settlement are encountered at any time within the
project site area,work involving subsurface disturbance in the immediate vicinity of such discoveries
shall cease. The permittee or other designee shall contact the Florida Department of State, Division
of Historical Resources, Compliance and Review Section, at(850) 245-6333 or(800) 847-7278, as
well as the appropriate permitting agency office. Such subsurface work shall not resume without
verbal or written authorization from the Division of Historical Resources.If unmarked human remains
are encountered,all work shall stop immediately and notification shall be provided in accordance with
Section 872.05,F.S.
(15) Any delineation of the extent of a wetland or other surface water submitted as part of
the permit application, including plans or other supporting documentation, shall not be considered
binding unless a specific condition of this permit or a formal determination under Rule 62-330.201,
F.A.C.,provides otherwise.
(16) The permittee shall provide routine maintenance of all components of the stormwater
management system to remove trapped sediments and debris. Removed materials shall be disposed
of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330,
F.A.C.,or cause violations of state water quality standards.
(17) This permit is issued based on the applicant's submitted information that reasonably
demonstrates that adverse water resource-related impacts will not be caused by the completed permit
activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause,
obtain any necessary permit modification, and take any necessary corrective actions to resolve the
adverse impacts.
(18) A Recorded Notice of Environmental Resource Permit may be recorded in the county
public records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an
encumbrance upon the property.
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 authorization.
Project Name:Phillips
Permit No.: 56-0180855-003-EI
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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 failure 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 revocation 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 SOVEREIGNTY SUBMERGED LANDS
AUTHORIZATION
Any use of sovereignty submerged lands is subject to the following general conditions are binding
upon the applicant and are enforceable under Chapter 253,F.S. and Chapter 258,F.S.
(1) Sovereignty submerged lands may be used 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 will constitute a violation. Violation of the authorization will result in
suspension or revocation of the applicant's use of the sovereignty submerged lands unless cured
to the satisfaction of the Board of Trustees.
(2) Authorization under Rule 18-21.005, F.A.C., conveys no title to sovereignty
submerged lands or water column, nor does it constitute recognition or acknowledgment of any
other person's title to such land or water.
(3) Authorizations under Rule 18-21.005, F.A.C., may be modified, suspended or
revoked in accordance with its terms or the remedies provided in Sections 253.04,F.S. and Chapter
18-14,F.A.C.
(4) Structures or activities will be constructed and used to avoid or minimize adverse
impacts to resources.
(5) Construction,use, or operation of the structure or activity will 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.
Project Name:Phillips
Permit No.: 56-0180855-003-EI
Page 10 of 14
(6) Structures or activities will not unreasonably interfere with riparian rights. When
a court of competent jurisdiction determines that riparian rights have been unlawfully affected,the
structure or activity will be modified in accordance with the court's decision.
(7) Structures or activities will not create a navigational hazard.
(8) Structures will be maintained in a functional condition and will be repaired or
removed if they become dilapidated to such an extent that they are no longer functional.
(9) Structures or activities will be constructed, operated, and maintained solely for
water dependent purposes.
(10) 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 authorization.
(11) 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 failure 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.
(12) 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 revocation of this authorization.
(13) 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.
(14) This authorization does not allow any activity prohibited in a conservation
easement or restrictive covenant that prohibits the activity.
Project Name:Phillips
Permit No.: 56-0180855-003-EI
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NOTICE OF RIGHTS j
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 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 hearing process may result in a
modification of the agency action or even denial of the application.
Petition for Administrative Hearinjz
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 j
applicant 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. 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 14
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
Project Name:Phillips
Permit No.:56-0180855-003-EI
Page 12 of 14
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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.
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 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 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 sections 373.114(1)(a) or 373.4275, Florida
Statutes, may also seek appellate review of this order before the Land and Water Adjudicatory
Commission under section 373.114(1) or 373.4275, Florida Statutes. 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.
Any Party to this Order has the right to seek judicial review of the Order Pursuant to Section
120.68, F.S., by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of the
Appellate Procedure, with the clerk of the Department in the Office of General Counsel, 3900
Commonwealth Boulevard,Mail Station 35,Tallahassee,Florida 32399-3000;and by filing a copy
of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District j
Court of Appeal. The Notice of Appeal must be filed within.30 days from the date 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 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 32399-3000; 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 of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the
Department.
i
Project Name:Phillips
Permit No.: 56-0180855-003-EI
Page 13 of 14
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Executed in Palm Beach County, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Diane Pupa
Permitting Program Administrator
Southeast District
Attachments:
Project Drawings and Design Specs., 8 pages
Standard Manatee Conditions for In-Water Work, 2011, can be downloaded at
http://myfwc.com/media/415448/Manatee_StdCondIn_waterWork.pdf
Construction Completion and Inspection Certification for Activities Associated With a Private
Single-Family Dwelling Unit Form 62-330.310(3)*
As-built Certification and Request for Conversion to Operational Phase Form 62-330.310(1)*
Request for Transfer to the Perpetual Operation Entity Form 62-330.310(2)*
Request to Transfer Permit Form 62-330.340(1)*
Commencement Notice Form 62-330.350(1)*
*Can be downloaded at: http://www.dep.state.fl.us/water/wetlands/erp/forms.htm
Copies furnished to:
FDEP—Monica Sovacool, Cindy Lott, Jonathan Pempek
USACOE-Palm Beach Gardens, Application-SPausace.army.mil
FILING AND ACKNOWLEDGMENT
FILED, on this date, under 120.52(7) of the
Florida Statutes,with the designated Department Clerk,
receipt of which is hereby acknowledged.
dun January 10, 2017
Clerk Date
Project Name:Phillips
Permit No.: 56-0180855-003-EI
Page 14 of 14
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Environmental
Location Map
Diane Phillips
Inc.Services, I 7001 S. Indian River Drive
1901 SW Yellowtail Avenue Fort Pierce, Florida
Port Saint Lucie,FL 34953
PCN#3412-502-0007-000-4
Phone:772-215-3997 Faz:772-879-4520
www.dlsenvironmentalservices.com SCALE:
N.T.S. NOV 2016 SHEET 1 of
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