HomeMy WebLinkAboutENVIRONMENTAL PROTECTIONFLORIDA DEPARTMENT OF e� Goveemmor
Environmental Protection Jeanette Nuhn
Lt Govemor
Southeast District Office Shawn Hamlfton
3301 Gun Club Road, MSC 7210-1 Secretary
West Palm Beach, FL 33406
561-681-6600
Project Name: Galt Dock Extension ,
Permittee/Authorized Entity:
Todd Galt®�
9701 S. Indian River Dr.
Fort Pierce, FL 34982
tgatltAbellsouth.net; dana(a)toddslandsca ep com
Authorized Agent:
Jerner & Associates, Inc.
c/o Bruce Jerner
jerner(&bellsouth.net
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Permit No.: 56-0163453-002-EI
Permit Issuance Date: October 13, 2021
Permit Construction Phase Expiration Date: October 13, 2026
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Consolidated Environmental Resource Permit and State-owned Submerged Lands
Authorization
Permit No.: 56-0163453-002-EI
PROJECT LOCATION
The activities authorized by this permit and state-owned submerged lands authorization are located in
the South Indian River, within the Jensen Beach to Jupiter Inlet Aquatic Preserve, Outstanding Florida
Waters, Class H Waters, adjacent to 9701 S Indian River Drive, Fort Pierce (Section 29, Township 36
South, Range 41 East), in Martin County (Latitude N 27° 9' 18.93", Longitude W 800 15' 54.78').
PROJECT DESCRIPTION
This permit authorizes the installation of a 4 ft. by 165 ft. extension to an existing 640 sq. ft. access
pier, and relocation of the existing 160 sq. ft. terminal platform, for a total dock structure of 1,460
sq. ft.; relocation of an existing boatlift; and installation of a new boatlift.
This permit authorizes 660 sq. ft. of work in other surface waters. Submerged resources are
located within the project boundaries, including 5-10% coverage of Halodule wrightii and
Halophila johnsonii. Although seagrasses are present, the applicant has proposed to elevate the
dock structure 5 ft. above the mean high water line (MHWL), will utilize grated decking, and will
install rope or handrails along all portions of the dock where mooring is not proposed.
Additionally, the proposed mooring areas will provide 1 ft. of clearance between the deepest draft
of the vessel and the top of the submerged resources at mean low water. Therefore, there will be
no adverse impacts to these resources. Mitigation is not required.
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.
AUTHORIZATIONS
Environmental Resource Permit,
Thebepartment 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 `Flori da Adihh it five 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., Chapter 18-20 and Chapter 258, F.S.
Project Name: Galt Dock Extension
Permit No.: 56-0163453-002-EI
Page 1 of 13
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-Autliorization,
Your proposed activity as outlined on your application and attached drawings does:"t ali
for Federal authonzatfoi�ursuant to the State Programmatic General Permit and
f r—mitwor aautkonzafion sballzbc,regWred'from�he m s You must apply separately to the
Corps using their APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT, ENG
FORM 4345, or alternative as allowed by their regulations. More information on Corps
permitting may be found online in the Jacksonville District Regulatory Division Source Book at:
btlps://www.sgLj.usace.4=.mil/Mssions/RegWatoE3L/Source-Book.
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.
Other Authorizations
You are advised that authorizations or permits for this activity may be required by other federal,
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
Project Name: Galt Dock Extension
Permit No.: 56-0163453-002-EI
Page 2 of 13
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 4); the Standard Manatee
Conditions for In -Water Work, 2011; and DEP forms 62-330.310(3), 62-330.310(1); 62-
330.310(2); 62-330.340(1); and 62-330.350(1), which may be downloaded at
hq://www.dg.state.fl.us/water/wetlands/eM/forms.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 aforementioned 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 the Department's Compliance Assistance
Program, by email SED Comp liance(ab,FloridaDEP.gov, or by phone (561) 681-6600, to
schedule the pre -construction conference.
(3) Prior to the initiation of any work authorized by this permit, floating turbidity
curtains with weighted skirts that extend to within one foot of the bottom shall be placed around
the project site, and shall be maintained and 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. The permittee shall be responsible for ensuring that turbidity control devices
are inspected daily and maintained in good working order during all phases of construction
authorized by this permit until all areas that were disturbed during construction are sufficiently
stabilized to prevent turbid discharges.
(4) The following measures shall be taken immediately by the permittee when turbidity
levels within waters of the State surrounding the project site, exceed 29 NTUs above
Project Name: Galt Dock Extension
Permit No.: 56-0163453-002-EI
Page 3 of 13
background/exceed the ambient water quality levels of the Outstanding Florida
Waters:
a. Immediately cease work contributing to the water quality violation.
b. Stabilize exposed soils contributing to the violation. Modify the work procedures
responsible for the violation, install additional turbidity containment devices and
repair non-functioning turbidity containment devices.
c. Notify the Department within 24 hours of the time the violation is first detected.
(5)Floating turbidity curtains with weighted skirts that extend to within 1 ft. of the bottom
shall be placed prior to the initiation of work authorized by this permit. The screens shall
be maintained and remain in place for the duration of the construction to ensure turbidity
levels outside the construction area do not exceed 29 NTU's above background levels or
degrade the ambient water quality of Outstanding Florida Waters. The permittee shall be
responsible for inspecting and maintaining turbidity control devices so no violations of
state water quality standards and no degradation of the ambient water quality of
Outstanding Florida Waters occurs outside of the turbidity screens occurs. Turbidity
shall be monitored as described in the monitoring portion of this permit.
(6) Wetland areas or water bodies, which are outside the specific limits of construction
authorized by this permit, must be protected from erosion, siltation, scouring and
dewatering. There shall be no discharge in violation of the water quality standards in
Chapter 62-302, Florida Administrative Code. Turbidity/erosion controls shall be
installed prior to clearing, excavation or placement of fill material, shall be maintained
until construction is completed, disturbed areas are stabilized, and turbidity levels have
fallen to less than 29 NTU's above background/ambient background. The turbidity and
erosion control devices shall be removed within 14 days once these conditions are met.
(7)
SPECIFIC CONDITIONS — CONSTRUCTION ACTIVITIES
(8) There shall be no storage or stockpiling of tools and materials (i.e., lumber,
pilings, debris), along. the shoreline adjacent to waters of the state. All excess lumber, scrap
wood, trash, garbage, and any other type of debris shall be removed from wetlands/waters of the
state within 14 days of completion of the work authorized in this permit. All construction
equipment/tools and materials shall be transported to and from the site via upland roadways and
barges and all equipment/tools and materials shall be stored on the uplands.
(9) Watercraft associated with the construction of the permitted structure shall
operate within waters of sufficient depth to preclude bottom scouring, prop dredging or damage
to submerged bottom or submerged resources. During all construction activities, there shall be a
minimum of 1-foot clearance between the draft of the construction vessel/barge and the
submerged bottom_
Project Name: Galt Dock Extension
Permit No.: 56-0163453-002-EI
Page 4 of 13
(10) All new pilings used in the construction of the dock shall be either concrete or
wood. Wooden pilings shall be wrapped with an impervious membrane one -foot above the mean
high water Iine to one -foot below the substrate.
(11) The following construction sequence shall be adhered to for all piers and docking
structures. Structures shall be built progressively, commencing at the shoreline and continuing
waterward. No more than three sets of pilings shall be installed at a time. The decking will then
be installed on those pilings, and the finished decking will be used to transport the remaining
tools and materials. No impacts shall occur outside the footprint of the permitted dock and
boardwalk.
(12) There shall be a minimum 1-foot clearance between the deepest draft of the vessel
(with the motor in the down position) and the top of submerged resources at mean low water.
(13) This permit does not authorize the construction of additional structures not
illustrated on the permit drawings.
SPECIFIC CONDITIONS — MONITORING/REPORTING REQUIREMENTS
(14) Turbidity levels outside the construction area shall not exceed zero (0) NTU's
above background levels. The following .measures shall be taken immediately by the permittee
whenever turbidity levels within waters of the State surrounding the project site exceed 0 NTU's
above background:
a. Notify the Department at (561) 681-6600 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.
(15) 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 until
turbidity subsides at 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: Galt Dock Extension
Permit No.: 56-0163453-002-EI
Page 5 of 13
(16) During dock construction activities, the permittee or permittee's contractor shall
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 tunes 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 Assistance Program by email at
SED Compliance(),floridadgp. ov. 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
(17) The docking facility shall be limited to water dependent activities as defined in
Chapter 18-21, F.A.C., and the dock shall accommodate the mooring of two vessels in the
location depicted in the attached permit sketches. Prior to slip occupancy, the permittee shall
install rope or wood handrails along all portions of the docking facility where mooring is not
authorized.
SPECIFIC CONDITIONS — MANATEE CONDITIONS
(14) The permittee shall comply with the standard manatee protection construction
conditions listed in the attached "2011 Standard Manatee Conditions for In -Water Work".
SPECIFIC CONDITIONS — LISTED SPECIES
(15) This permit does not authorize the permittee to cause any adverse impact to or
"take" of state listed species and other regulated species of fish and wildlife. Compliance with
state laws regulating the take of fish and wildlife is the responsibility of the owner or applicant
associated with this project. Please refer to Chapter 68A-27 of the Florida Administrative Code
for definitions of "take" and a list of fish and wildlife species. If listed species are observed
onsite, FWC staff are available to provide decision support information or assist in obtaining the
appropriate FWC permits. Most marine endangered and threatened species are statutorily
protected and a "take" permit cannot be issued. Requests for further information or review can be
sent to FWCConservationPlanningServices(ar,MyFWC.com.
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.
Project Name: Galt Dock Extension
Permit No.: 56-0163453-002-EI
Page 6 of 13
(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 a project -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
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.
Project Name: Gait Dock Extension
Permit No.: 56-0163453-002-EI
Page 7 of 13
(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.
(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 any and 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
or units in residential or commercial subdivisions or condominiums where the stormwater
management system has been completed and converted to the operation phase.
Project Name: Galt Dock Extension
Permit No.: 56-0163453-002-EI
Page 8 of 13
(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.
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
Project Name: Galt Dock Extension
Permit No.: 56-0163453-002-EI
Page 9 of 13
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: Galt Dock Extension
Permit No.: 56-0163453-002-EI
Page 10 of 13
(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.
NOTICE OF RIGHTS
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
Project Name: Galt Dock Extension
Permit No.: 56-0163453-002-EI
Page 11 of 13
deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not
be final and effective until a subsequent order of the Department. Because the administrative
hearing process is designed to formulate final agency action, the subsequent order may modify or
take a different position than this action.
Petition for Administrative Hearing
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 Rules
28-106.201 and 28-106.301, 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 e-mail address, any facsimile number, and telephone number of
the petitioner, if the petitioner is not represented by an attorney or a qualified
representative; 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 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,
or via electronic correspondence at Agency_Clerk@dep.state.fl.us. 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
applicant and persons entitled to written notice under Section 120.60(3), F.S., 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. You cannot justifiably rely on the finality of this decision unless notice of this decision
and the right of substantially affected persons to challenge this decision has been duly published
or otherwise' provided to all persons substantially affected by the decision. While you are not
required to publish notice of this action, you may elect to do so pursuant Rule 62-110.106(10)(a).
Project Name: Galt Dock Extension
Permit No.: 56-0163453-002-EI
Page 12 of 13
The failure to file a petition within the appropriate time period shall constitute a waiver of that
person's right to request an 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. If you
do not publish notice of this action, this waiver may not apply to persons who have not received a
clear point of entry.
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, or via
electronic correspondence at Agency_Clerk@dep.state.fl.us, before the 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 Section 373.114(1)(a) or 373.4275, F.S., may
also seek appellate review of this order before the Land and Water Adjudicatory Commission
under Section 373.114(l) or 373.4275, F.S. 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.
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 Florida Rules of
Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General
Counsel (Station #35, 3900 Commonwealth Boulevard, 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 must be filed within 30 days from the date this action is filed
with the Clerk of the Department.
Executed in West Palm Beach, Florida. .
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
J/
Norva Blandin, MSEM
Program Administrator
Permitting and Waste Cleanup Program
Project Name: Galt Dock Extension
Permit No.: 56-0163453-002-EI
Page 13 of 13
Southeast District
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this permit and all copies
were sent on the filing date below to the following listed persons:
FDEP — Norva Blandin MSEM, Danielle Sattelberger, Robert Mullins, Alexander Brockett
Bruce Jerner, Jerner & Associates Inc., jerner(i4bellsouth.net
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
E;&-'j;fW 10/13/2021
Jerk Date
Attachments:
Project Drawings and Design Specs., 5 pages
Standard Manatee Conditions for In -Water Work, 2011
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: https://floridadep.gov/water/submerged-lands-environmental-resources-
coordination/content/forms-environmental-resource
Project Name: Galt Dock Extension
Permit No.: 56-0163453-002-EI
Page 14 of 13
GALT
9701 S. INDIAN RIVER DRIVE
FORT PIERCE
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Date: 618121
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GALT
97015. INDIAN RIVER DRIVE
FORT PIERCE
Jerner & Associates, Inc.
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2537SEAlfansoAvc PortS[Luci;FL34952
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Date: 618121
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GALT
97015. INDIAN RIVER DRIVE
FORT PIERCE
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f Load 5lbs. /Sq Ft
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Design Windioad Information
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Importance Factor. 1.0
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