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Home My WebLink AboutFDEP ApprovalJAN 11 =7 Floyd Grigsby 903'Jacksori Way Fort Pierce, FL 34949 Re: File No.: 56-0189358-005 'File Name: Grigsby, Floyd Dear W. Grigsby:.... On December 15, 2006, we Florida Department of Environmental Protection Port St. Lucie Branch Office 1801.5E Hilhwor Drive, Suite C-204 Port St Lucie, FL 34952 (772)398-2806 Fax # (772)398-2815 exemption to Pei Waters ofthe State, adjacent to 903 Jackson Way, (Section 23, Township 34 Lucie County (Latitude 27° 29' 57.83" N, Longitude 80' 18' 12.36" W). Charlie Cast Governor Jeff TCottkamp Lt. Governor Michael W. Sole Secretary - Designee ( -. the following activities ' install a d in a manmade canal, Class 11 4 Mange 40 East), Fort Pierce, St. Your application has been reviewed to determine whether it qualifies for any of three kinds of authorization that may be necessary for work in wetlands or'waters of the United States. The kinds of authorization are (1) regulatory authorization, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal authorization. Tire 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 or more of the authorizations, refer to *.specific section dealing with that authorization for advice on hoar to obtain it. L. Regulatory Re vieW. E7�1 The Department has the authority to review your project under Part 1V of Chapter. 373, Florida Statutes (F.S.), Title 62, Florida'Administiative Code (F.A:C.), and in accordance with operating agreements executed between the Department and the water management districts, as referenced in Chapter 62-113; F-A.C. Based on the infoi-oration you submitted, we have determined that your project is exempt from the need to obtain a DEP Environmental Resource Permit under Rule 40EA051(3)(a),Y.A.C. 2, Proprietary Review (related to state-owned lands). — NO ()UIIZI;D 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 your project under Chapters 253 and 258, F.S., Chapters 18-20 and 18-21, F,A,C., and Section 62-343.075, F.A.C. Your project will not occur on sovereign submerged rand. Therefore, pursuant to Chapter 253.77, F,$., autharizaiion,from the Board of Trustees is not required. 3. Federal Review (State Programmatic General permit).—.GRAIMTE Federal authorization forr the proposed project is reviewed by DEP pursuant. to an agreement between.the Departmett and the. U.S. Army Corps of Engineers (Corps). The agreement is outlined in a document titled G'oordination Agreement Between°the U.S.'Armmy Corps ofkngineers and the Plorfda'Department of Environmental Protection. State Programmatic, Ron eraY Permit, Section 1 D of the 12iyers and Harbor Act of 1899 and Section 404 of the G'lean,;WaterAet. ' "More Promotion, Less Process" WWW' lep.state flats PY L File Name: Grigsby, Floyd FDEP File No.: 56-0199358.005 Page 2 Your project has been reviewed for compliance with a State Programmatic General Permit (SPGP). As shown on the attached drawings, the proposed project is consistent with the SPGP program The attached Corps general conditions apply to your project.�N4 —b herpmmittuig fdt this-actiVit`y'ts requtred by the Ccips. The determinations in this letter are based solely on the information provided to the Department and on the statutes and rules in effect when the application was submitted. The determinations are effective only for the specific activity proposed. These, determinations shall automatically expire if site conditions materially change or if the governing statutes or rules are amended. In addition, any substantial modifications in your plans should be submitted to the Department for review, as changes may result in a permit being required. In any event, C4eaermrnation sh-dll expire -after -one -yeah This letter does not relieve you from the responsibility of obtaining other permits (federal, state, or local) that may be required for the project. ` . NOTICE OF RIGHTS OF SUBSTANTIALLY AMCM PERSONS This letter acknowledges that the proposed activity is exempt from E" permitting requirements under Rule 40E- 4.051(3)(a), F.A.C..This determination is final and effective on the date filed with the Clerk ofthe Department unless a sufficient petition for an administrative hearing is timely filed under sections 120,569 and 120.57 of the Florida Statutes as provided below. If a sufficient petition for an administrative hearing is timely filed, this , determination automatically becomes only proposed agency action subject to the result of the administrative review process. Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. The procedures for petitioning for a hearing are set forth in the attached notice. Be advised that your neighbors and other parties who may be substantially affected by the proposed activity allowed under this determination of exemption have a right to request an administrative hearing on the Department's decision that the proposed activity qualifies for this exemption. Because the administrative hearing process is designed to redetermine final agency action on the application, the filing of a petition for an administrative hearing may result in a final determination that the proposed activity is not, authorized under the exemption established under Rule 40B 4.051(3)(a), F.A.C. The Department will not publish notice of this determination. Publication of this notice by you is optional and is not required for you to proceed. However, in the event that an administrative hearing is held and the Department's determination is reversed, proceeding with the proposed activity before the time,period for requesting an administrative hearing has expired would mean that the activity was conducted without the required peninit. If you wish to limit the time within which all substantially affected persons may request an administrative hearing, you may elect to publish, at your own expense, the enclosed notice (Attachment A) in the legal advertisement section of a newspaper of general circulation in the county where the activity is to take place. A single publication will suffrcc. For the purposes of publication, a newspaper of general 'circulation means a newspaper meeting the requirements of sections 50.011 and 50.031 of the Florida Statutes. In the event you do publish this notice, within seven days of publication, you must provide to the following address proof of publication issued by the newspaper as provided in section 50.051 of the Florida Statutes. If you provide direct written notice to any person as noted above,you must provide to the following address a copy of the direct written notice. Florida Department of Environmental protection Southeast District Branch Office Submerged Lands & EnvironrnentaI Resources Program 1801 SE Hillmoor Dr., Suitc C-204 J a Pile Name: Grigsby, Floyd PDEP File No.: 56-0189358-005 Page 3 If you have any questions, please contact Melinda Kohlmyer at (772)398-2806 or at Melinda.Kohlmyer@dep.state.fl.u$. When referring to your project, please use the FDEP file name and number listed above. Sin rel Eric hea at Environmental`Supervisor Florida Department ofFnviromnental Protection Southeast District ]Branch Office EMS/MK Enclosures: Federal Manatee Conditions, Federal General Conditions for SPOP IV and Transfer Request Attachment A- Notice of Determination of Qualification for,Exemption cc: USACOF — palm Beach Gardens EricG.Reusch@u ggjQZ.usace.army.mil (without enclosures) Dave Serhal, Marine Permitting, Inc. FAX: 772.464-3789 (Agent) (without enclosures] a r� U• �• itsd14 �k.�+:t,' `r.,. 7F� ixt^�'� �` � n 1 ti state �lF A " i 7 J 7 - 7 a --Rimer-. 13oar1ta 1 e k, a ° Las fll� A - 27°:29'.-9n N 800.18 iamon w .S2 - .a S - R cove 1j .t Marina Dr 04 Bermuda Beach or all glminl Dr cut Font PIW" owl, o � 3e�tet sr+tt� . . - R�et Area A 0 2DO6 MapQaeet. Me. , T" ? . C06 NPiVTEQ Floyd Grigsby Des0i � Drawrngby.- DS Sheet T of 3 930 Jackson Way � Madne.permitfing Inc Date: 12ilaas a~ 816 S.e Simi Fort Pierce, FL. 34949 IF -_ Fort Pieme FL. 34950 Ph(772)464.3789 /Fax (772)464-3789 Existing, permitted dock Man-made Cana! Cana! MW 70' +/- Ebb f Flood a -a Proposed 12' x 167 Boatli#t within are existing mooring area 7' PL Floyd .Grrgsby 930 Jackson Way Fort Pierce, FL. 34949 8' 4' B' 40' -7 Existing, Permit W dock arrd saaiaaN F PL d Dodo & Dfawfv by. • DS Scale: PUTS Sheet 2 of 3 r Marine permitting Inc Da 92/93f08 816 S. 8m Street Fart ReMe FL. 34950 Ph(772) 4W789 {Fax (772}4W789 i i i - Floyd Gflgsby D�e�n & &s scads: TUTS by: ns Sheet 3 of 3 930 Jackson WayMarine permitting Inc Date: 42I1WB ale S. am street Fdit Pierce, FL. 34949 = ton Pierce Ft. 34950 Pb(772)464,3789IFax (772)4M789