HomeMy WebLinkAboutFDEP PermitJeb Bush
Governor
NOV 0 9 2006
Floyd Grigsby
930 Jackson Way
Ft. Pierce, FL 34949
Department of
Environmental Protect -ion
Port St. Lucie Branch Office
1801 SE Hillmoor Drive
Suite C-204
Port St. ,Lucie; FL 34952
(772)398-2806 Fax (772)398-2815
Re: File No.: 56-0189358-004
File Name: Grigsby, Floyd
Dear Mr. Grigsby:
Colleen M. Castille
Secretary
On October 12, 2006, we received your application for an exemption to perform the following activities constructa
135 square oof doc extension measuring 9' wide by 15' long in the location and configuration shown on'th i
atached s)in a manmade canal, Class II Waters of the State, located adjacent to 930 Jackson Way, (Section
23, Township 34 South, Range 40 East), Ft. Pierce, St. Lucie County (Latitude 27' 29' 57.83"IN, Longitude 8011 18'
12.36" W).
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.
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 or more of
the authorizations, refer to the specific section dealing with that authorization for advice on how to obtain it.
1. Regulatory Review. E�XE1VI�l'TI0lTPERIFIED
The Department has the authority to review your project under Part IV of Chapter 373, Florida Statutes (F.S.), Title
62, Florida Administrative 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 information you submitted, we have determined that your project is exempt from the need to obtain a
DEP Environmental Resource Permit under Rule 40E-4.051(3)(c), F.A.C.
2. Proprietary Review (related to state-owned lands). -LF.N_ REQUIRED
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 land. Therefore, pursuant to Chapter 253.77, F.S.,
authorization from the Board of Trustees is not required.
3. Federal Review (State Programmatic General Permit). -2, NTED '
Federal authorization for the proposed project is reviewed by DEP pursuant to an agreement between the
Department and the U.S. Army Corps of Engineers (Corps). The agreement is outlined in a document titled
Coordination Agreement Between the U.S. Army Corps of Engineers and the Florida Department of Environmental
Protection State Programmatic General Permit, Section 10 of the Rivers and Harbor Act of 1899 and Section 404 of
the Clean Water Act.
�ILE
COPY
"More Protection, Less Process"
Printed on recycled paper
File Name: Grigsby, Floyd
FDEP File No.: 56-0189358-004
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. ` o ether ermitting for this activity is required'by fhe Corps.
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, is
etermination_shall expire after one year;
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 AFFECTED PERSONS
This letter acknowledges that the proposed activity is exempt from ERP permitting requirements under Rule 40E-
4.051(3)(c), F.A.C. This determination is final and effective on the date filed with the Clerk of the 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.
This determination is based on the information you provided the Department and the statutes and rules in effect
when the application was submitted and is effective only for the specific activity proposed. This determination shall
automatically expire if site conditions materially change or 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, this determination shall expire after one year.
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 40E-4.051(3)(c), 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 permit.
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 suffice.
If you wish to limit the time within which any specific person(s) may request an administrative hearing, you may
provide such person(s), by certified mail, a copy of this determination, including Attachment A.
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
fy � ,fie
ti; .
File Name: Grigsby, Floyd
FDEP File No.: 56-0189358-004
Page 3
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 & Environmental Resources Program
1801 SE Hillmoor Dr., Suite C-204
Port St. Lucie, Fl 34952
If you have any questions, please contact Jason Storrs at (772)398-2806 or at Jason. Storrs@dep.state.fl.us. When
referring to your project, please use the FDEP file name and number listed above.
Sin erely,
Eric M. Shea Date
Environmental Supervisor
Florida Department of Environmental Protection
Southeast District Branch Office
EMS/j ss
Enclosures: Federal Manatee Conditions, Federal General Conditions for SPGP IV and Transfer Request
Attachment A- Notice of Determination of Qualification for Exemption
cc: USACOE — Palm Beach Gardens EricG.Reuschaa.saj02.usace.army.mil [without enclosures]
AttachmentA File No.: 56-0189358-004
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF DETERMINATION OF EXEMPTION
The Department of Environmental'Protection gives notice that to construct a 135 square foot dock extension measuring
9' wide by 15' long in the location and configuration shown on the attached drawings in a manmade canal, Class II Waters of the
State, located adjacent to 930 Jackson Way, (Section 23, Township 34 South, Range 40 East), Ft. Pierce, St. Lucie County
(Latitude 27' 29' 57.83" N, Longitude 80' 18' 12.36" W) has been determined to be exempt from requirements to obtain an
environmental resource permit.
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 presiding officer upon the filing of a motion in compliance with rule 28-106.205 of the
Florida Administrative Code.
In accordance with rule 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 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 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 a.m. to 5:00 p.m., Monday through Friday, at the Southeast District Branch Office, 1801 Hillmoor
Drive Suite C-204, Port St. Lucie, Florida.
GENERAL CONDITIONS FOR FEDERAL AUTHORIZATION)FOR SPGP IV
General Conditions
1. The time limit for completing the work authorized ends on December 17, 2006.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms
and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity,
although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should
you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer,
you must obtain a modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this office of what you have found. We will initiate the
Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible
for listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the'signature and mailing address of the new
owner in the space provided below and forward a copy of the permit to this office to validate the transfer of this
authorization.
5. If a conditioned water quality certification has been issued for your projects, you must comply with the conditions
specified in the certification as special conditions to this permit.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to
ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Further Information:'
1. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law.
Cb:.This permit does not grant any property rights or exclusive privileges.
c.This permit does not authorize any injury to the property or rights of. others.
d. This permit does not authorize interference with any existing or proposed Federal projects.
2. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the
following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from
natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by br on
behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the
activity authorized. by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
3. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the
public interest was made in reliance on the information you provided.
4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of•this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete,
or inaccurate (see 3 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest
decision.
5. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR
326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order
requiring you comply with the terms and conditions of your permit and for the initiation of legal action where
appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to
comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
6. When the structures or work authorized by this permit are still in existence at the time the property is transferred,
the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate
the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions,
have the transferee sign and date below.
(TRANSFEREE -SIGNATURE) (DATE)
(NAME -PRINTED)
(ADDRESS)
Manatee Conditions for Federal Authorization
1. The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to
avoid collisions with manatees. All construction personnel are responsible for observing water -related activities for the
presence of manatee(s).
2. 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 of 1972, the Endangered Species Act of
1973, and the Florida Manatee Sanctuary Act of 1978. The permittee and/or contractor may be held responsible for any
manatee harmed, harassed, or killed as a result of construction activities.
3. Siltation barriers shall be installed and shall be made of material in which manatees cannot become entangled, shall be
properly secured, and shall be monitored regularly to avoid manatee entrapment. Barriers shall not block manatee entry to
or exit from essential habitat.
4. All vessels associated with the project shall operate at "no wake/idle" speeds at all times while in water where the draft of
the vessel provides less than four feet clearance from the bottom and that vessels shall follow routes of deep water
whenever possible.
5. If a manatee is sighted within 100 yards of the project area, all appropriate precautions shall be implemented by the
permittee/contractor to ensure protection of the manatee. These precautions shall include the operation of all moving
equipment no closer than 50 feet of a manatee. Operation of any equipment closer than 50 feet to a manatee shall
necessitate immediate shutdown of that equipment. Activities will not resume until the manatee(s) has departed the project
area of its own volition.
6. Any collision with and/or injury to a manatee shall be reported immediately to the "Manatee Hotline" at 1-888-404-FWCC
(1-888-404-3922). Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Vero
Beach (1-772-562-3909) in south Florida.
7. Temporary signs concerning manatees shall be posted prior to and during construction/dredging activities. All signs are to
be removed by the lessee/grantee upon completion of the project. A sign measuring at least 3 feet by 4 feet which reads
Caution: Manatee Area will be posted in a location prominently visible to water related construction crews. A second sign
should be posted if vessels are associated with the construction, and should be placed visible to the vessel operator. The
second sign should be at least 8 1/2'inches by 11 inches which reads:
Caution: Manatee Habitat. Idle speed is required if operating a vessel in the construction area. All equipment must4
be shutdown if a manatee comes,within 50 feet of the operation.. A collision with and/or injury to a manatee shall be
reported immediately to the Florida Marine Patrol at 1-888-404-FWCC (1-888-404-3922) and the U.S. Fish and
Wildlife Service at (1-772-562-3909) for south Florida.
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Jeb Bush
Governor
Floyd Grigsby
930 Jackson Way
Fort Pierce, FL 34949
Dear Mr. Grigsby:
Department of
Environmental Protection
Port St. Lucie Branch Office
1801 SE Hillmoor Drive
Suite C-204
Port St. Lucie, FL 34952
(772)398-2806 Fax(772)398-2815
David B. Struhs
Secretary
File Number: 56-0189358-003
St. Lucie County
On April 22, 2003, we received your application for an exemption to perform the following activities: �cons5i!c a_y�
�13*5 square foot doek`ad'ditibn fora total dock size of-394-square-feet-in-a-manmade canal;)Class III Wate s f the
fate, located at 930 Jackson Way(Section 23—Tdwnship 34-South, Range 40 East), —Ft. Pierce, St. Lucie County.
Your application has been reviewed to determine whether it qualifies for any of three kinds of authorization that
may be necessary for works 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. 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 or more of the authorizations, refer to the specific section dealing with that authorization for advice on how
to obtain it.
1. Regulatory Review - EXEMPTION VERIFIED'`
The Department has the authority to review your project under Part IV of Chapter 373, Florida Statutes (F.S.),
Title 62, Florida Administrative 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 information you submitted, we have determined that your project is exempt from the need to obtain a
DEP Environmental Resource Permit under Rule 40E-4.051(3)(c), (F.A.C.).
2. Proprietary Review (related to state-owned lands) — NOT` REQUIRED
The Department acts as staff to tii% Board of TfUstees of the Internal IMproverfient Ti-ist Fund (B.O ) 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 land. Pursuant to Chapter 253.77, Florida Statutes, you will
not require authorization from the Board of Trustees to use public property to perform the proposed project.
C
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"More Protection, Less Proc FT} N
Printed on recycled paper.
Floyd Grigsby
File Number: 56-0189358-003
Page Two
3. Federal Review (StateDrogrammatic G�neral[Permit) —AUTHORIZATION GRANTED
Federal authorization for the proposed project is reviewed by DEP pursuant to an agreement between the
Department and the U.S. Army Corps of Engineers (the Corps). The agreement is outlined in a document titled
Coordination Agreement Between the U.S. Army Corps of Engineers and the Florida Department of
Environmental Protection State Programmatic General Permit, Section 10 of the Rivers and Harbor Act of 1899
and Section 404 of the Clean Water Act.
Your project has been reviewed for compliance with a State Programmatic General Permit (SPGP). Your proposed
activity as outlined on the attached drawings is in compliance with the SPGP program. U.S. Army Corps of
Engineers (Corps) General conditions apply to your project, as attached. further permitting for.this activi
is required by the Corps,*The authority gran et d;unde his SPGP expires December 17, 2003: Your project must
be completed prior to this expiraffo^n datel
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. f any event, this ]
determination shall expire after on y r }
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 AFFECTED PERSONS
This letter acknowledges that the proposed activity is exempt from ERP permitting requirements under Rule 40E-
4.051(3)(c), F.A.C. This determination is final and effective on the date filed with the Clerk of the 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.
This determination is based on the information you provided the Department and the statutes and rules in effect
when the application was submitted and is effective only for the specific activity proposed. This determination
shall automatically expire if site conditions materially change or 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, this determination shall expire after one year.
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 authccw
exemption established under Rule 40E-4.051(3)(c), F.A.C.- Fs" L
Floyd Grigsby
File Number: 56-0189358-003
Page Three
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 permit.
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 suffice.
If you wish to limit the time within which any specific person(s) may request an administrative hearing, you may
provide such person(s), by certified mail, a copy of this determination, including Attachment A.
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 - Port St. Lucie Branch Office
Submerged Lands & Environmental Resources Program, 1801 SE Hillmoor Drive, Suite C-204
Port St. Lucie, FL 34952
Thank you for applying to the Submerged Lands and Environmental Resource Program. If you have questions
regarding this matter, please contact Thomas Rehyansky of this office, at telephone (772)398-2806.
Sincerely,
via j,.jj
� 'John P. Mitnik, P.E.
Environmental Administrator
JPM\TR
Enclosures: Federal Manatee Conditions, Federal General Conditions for SPGP III- Rl and Transfer Request
Attachment A- Notice of Determination of Qualification for Exemption
cc: U.S. Army Corps of Engineers, Stuart [without enclosures]
Jerner and Associates, Inc. (Agent) [without enclosures]
r 7.
63
mru
Federal Manatee Conditions
1. The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the
need to avoid collisions with manatees. All construction personnel are responsible for observing water -related
activities for the presence of manatee(s).
2. 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 of 1972, the Endangered Species
Act of 1973, and the Florida Manatee Sanctuary Act of 1978. The permittee and/or contractor may be held
responsible for any manatee harmed, harassed, or killed as a result of construction activities.
3. Siltation barriers shall be installed and shall be made of material in which manatees cannot become entangled, shall
be properly secured, and shall be monitored regularly to avoid manatee entrapment. Barriers shall not block manatee
entry to or exit from essential habitat.
4. All vessels associated with the project shall operate at "no wake/idle" speeds at all times while in water where the draft
of the vessel provides less than four feet clearance from the bottom and that vessels shall follow routes of deep water
whenever possible.
5. If a manatee is sighted within 100 yards of the project area, all appropriate precautions shall be implemented by the
permittee/contractor to ensure protection of the manatee. 'These precautions shall include the operation of all moving
equipment no closer than 50 feet of a manatee. Operation of any equipment closer than 50 feet to a manatee shall
necessitate immediate shutdown of that equipment. Activities will not resume until the manatee(s) has departed the
project area of its own volition.
6. Any collision with and/or injury to a manatee shall be reported immediately to the "Manatee Hotline" at 1-800-DIAL-
FMP (1-800-342-5367). Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in
Jacksonville (1-904-232-2580) for north Florida or Vero Beach (1-561-562-3909) in south Florida.
7. Temporary signs concerning manatees shall be posted prior to and during construction/dredging activities. All signs
are to be removed by the lessee/grantee upon completion of the project. A sign measuring at least 3 feet by 4 feet
which reads Caution: Manatee Area will be posted in a location prominently visible to water related construction crews.
A second sign should be posted if vessels are associated with the construction, and should be placed visible to the
vessel operator. The second sign should be at least 8 1/2 inches by 11 inches which reads:
Caution: Manatee Habitat. Idle speed is required if operating a vessel in the construction area. All equipment must be
shutdown if a manatee comes within 50 feet of the operation. A collision with and/or injury to a manatee shall be reported
immediately to the Florida Marine Patrol at 1-800-DIAL-FMP (1-800-343-5367) and the U.S. Fish and Wildlife Service at
(1-904-232-2580) for north Florida or (1-561-562-3909) for south Florida.
GENERAL CONDITIONS FOR FEDERAL AUTHORIZATION FOR SPGP III-R1
General Conditions
1. he time limit for colleting the work authorized ends on December 17, 2003.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this
permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to
a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should
you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may
require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this
permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to
determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature and mailing address of the new o Py
pace
provided below and forward a copy of the permit to this office to validate th e , f t' , thori : do 0
GENERAL CONDITIONS FOR FEDERAL AUTHORIZATION FOR SPGP III -RI - Cont.
5. _You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is
being or has been accomplished in accordance with the terms and conditions of your permit.
Further Information:
1. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal projects.
2. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as`a result of current or future activities undertaken.by, or".onbehalf of
the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
3. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was
made in reliance on the information you provided.
4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant.
Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (see 3 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures
contained' in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced
enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your
permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this
office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and
the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
File Number: 56-0189358-003
(TRANSFEREE -SIGNATURE) (DATE)
(NAME -PRINTED)
(ADDRESS)
ATTACHMENT A
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF DETERMINATION OF QUALIFICATION FOR EXEMPTION
Applicant: Floyd Grigsby
File Number: 56-0189358-003
The Department of Environmental Protection gives notice that to construct a 135 square foot dock addition for a total dock
size of 394 square feet at 930 Jackson Way, Ft. Pierce by Floyd Grigsby has been determined to be exempt from requirements to obtain
an environmental resource permit.
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 presiding officer upon the filing of a motion in compliance with rule 28-106.205 of the Florida
Administrative Code. v
In accordance with rules 28-106.111(2) and 62-110.106(3)(a)(4), 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 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 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; staring 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 a.m. to 5:00 p.m., Monday through Friday, at the Southeast District branch office, 1801 SE Hillmoor Dr., Suite
C-204, Port St. Lucie, Florida.
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Mr. Ray Wazney
2300 Virginia Avenue
Ft. Pierce, FL 34982-5652
Dear Mr. Wazney,
L/ 0 S'
Pursuant to our conversation on Friday, 29 June 2007, I am hereby requesting the six-
month extension to .my Permits (0702-0269 and 0610-0059), as you promised.
Sincerely,
"w
Floyd A. Grigsby
930 Jackson Way
Ft. Pierce, FL 34949
JUL 5 2007
Public V lf�rke,
St. Lucie COI#nty"' FL
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July 2, 2007
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Mr. Ray Wazney
23-00 Virginia Avenue
Ft. Pierce, FL 34982-5652
Dear Mr. Wazney,
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Pursuant to our conversation on Friday, 29 June 2007, I am hereby requesting the six-
month extension to my Permits (0702-0269 and 0610-0059), as you promised.
Sincerely,
UGC
Floyd A. Grigsby
930 Jackson Way .
Ft. Pierce, FL 34949
or
RECEIVEL)
pub1l�o`r��
t La�oce county FL
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