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Home My WebLink AboutEnviromental Protection Exemption0 3C Department of Environmental Protection Jeb Bush Governor MAY 10 2005 Donald Warburton 397 NE Greenbriar Avenue Port St. Lucie, FL 34983 Port St. Lucie Branch Office 1801 SE Hillmoor Drive Suite C-204 Port St. Lucie, FL 34952 (772)398-2806 Fax (772)398-2815 Colleen M. Castille Secretary File Number: 56-0241687-002 St. Lucie County Dear Mr. Warburton: On May 4, 2005, we received your application for an exemption to perform the following acti --....��i-•-r:'-?L_ l_....a:.��7 nnn ,anratinn shown In 1 "re foot docx witn on 4d wy1Q yva t the N_orth_Fork_St!:L ie_ Ri °ver Class III Waters of the State, located at 441 SE Verada Avenue 28, Township 36 South, Range 40 East), Port St. Lucie, 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 f authorization. If your project did not qualify carefully. Your project may not have qualified for all three forms o for one of more of the authorizations, refer to the specific section dealing with that authorization for advice on how to obtain it. 1. Regulatory Review - MPTr,I0_ -VV_E IEA The Department has the authority to review your project under Part IV of Chapter 373, Florida Statutes ed between the e Title 62, Florida Administrative Code (F.A.C.), and in accordance with operating agreements executtwe 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)(b), (F.A.C.). 2. Proprietary Review (related to state-owned lands) =GRANTED The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (B.O.T.) and issues certain authorizations for the use of 3 and 258, sovereign Chaptersubsnl8-20 and 18 21erged lands. e Department and Section 62 343t075, F.A.C.y to review your project under Chapters 5 Your project shall occur on sovereign submerged land and shall require authorization from the Board of Trustees to use public property. As staff to. the Board of Trustees, we have reviewed the proposed project and have determined that, as long as it is located the- described boundaries and is consistent with the attached general conditions for authorizations; the project qualifies for a letter of consent to use sovereign submerged lands. Therefore, pursuant to Chapter 253.77, Florida Statutes, you may consider this letter as authorization from the Board of Trustees for the upland riparian owner to perform the p roject. W#, V U: C Wore, Protection, Less Process" Printed on recycled paper. Donald Warburton File Number: 56-0241687-002 Page Two 3. Federal Review (State Programmatic General Permit) - RTZZ�AT�ION NOT'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 HarborAct of 1899 and Section 404 of the Clean Water Act. Your project has been reviewed for compliance with a State Programmatic General Permit (SPGP). As shown on the attached drawings, the proposed project i not,cons st�� e��ntt writh_theSS SiP p"r are. A copy of your application has been sent to the U.S. Army Corps of Engineers (the Corps) who Qag r�equire5a se ap rateEperinrt Failure to obtain their authorization prior to construction could subject you to enforcement action. For further information, contact the Corps directly. 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, this determination 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)(b), 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 f n administrative hearing may result in a final determination that the ro o ctivit. t d the exemption established under Rule 40E-4.051(3)(b), F.A.C. Donald Warburton i File Number: 56-0241687-002 Page Three The Department will not publish notice of this determination. Publication of this notice by you is optional and is However, in the event that an administrative hearing is held and the Department's not required for you to proceed: 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 noticer.(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. P .. 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 Jimmy Sellers of this office, at telephone (772)398-2806. Sincerely, ✓Mary C. Murphy Date Environmental Administrator Florida Department of Environmental Protection Southeast District Branch Office MCM/JS Enclosures: General Conditions for Authorizations Attachment A- Notice of Determination of Qualification for Exemption cc: U.S. Army Corps of Engineers, Palm Beach Gardens [without enclosures] Randy Finley, 1158 SE Monterey Road, Stuart, FL 34994 (Agent) [without enclosures] FILE CO PY -4 CL L 7 W AXX� Z.4, sc``�EOEFB}��PIP/P/t'FF p1��jV ,'� y 0.410 U.;_ qfy: �..1 �+cvrynn 1Cllrl., N `w. mp.R,H,,Illl innmicnu wry 77 d :It ol,t�� YId " �a►��r�i�o� ��pa6paP S �i°d �lY l�utivr'f�°� y�t�ac/s6n��' S/S Pa(°b rn o? • xtixz Uv" M 1-40-L y5-�: , it • i = 4' ?S7i62 j !vj A-L / b 7s