HomeMy WebLinkAboutEnvironmental ProtectionMarch 16, 2020
Kevin Donovan
12188 Riverbend Lane
Port Saint Lucie, FL 34984
Sent via e-mail: katshot0-1yahoo,crorn
Re: File No.: 56-384625-001-EE
File Name: Donovan
Dear Kevin Donovan:
On February 1.1, 2020, we received your request for verification of exemption to install 2
boatlifts within existing mooring areas. The project is located in Winters Creek, within the
North Fork, St. Lucie Aquatic Preserve, Outstanding Florida Waters, Class III Waters, adjacent
to 12188 Riverbend Lane, Port Saint Lucie (Section 22, Township 37 South, Range 40 East), in.
Saint Lucie County (Latitude N 27' 14' 36.80", Longitude W 80' 19' 20.56").
Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption,
(2) proprietary authorization (related to state-owned submerged lands), and (3) federal approval
that may be necessary for work in wetlands or waters of the United States.
Your project qualifies for all three. However, this letter does not relieve you from the
responsibility of obtaining other federal, state, or local authorizations that may be required for
the activity.
If you change the project from what you submitted, the authorization(s) granted may no longer
be valid at the time of commencement of the project. Please contact us prior to beginning your
project if you wish to make any changes.
If you have any questions regarding this matter, please contact Chloe Gossett at the letterhead
address or at (561) 681-6674, C;iaisc�ssctt�3t° �c:kriciL�i1t� .
twsv flcaridadety
Project No.: 56-384625-001-EE
Project name: Dotlovan
Page 2 of 7
1. Regulatory Review — VERIFIED
Based on the information submitted, the Department has verified that the activities as proposed
are exempt, under Chapter 62-330.051(5) (h),,Florida Administrative Code, from the need to
obtain a regulatory permit under Part IV of Chapter 373 of the Florida Statutes.
This exemption verification is based on the information you provided the Department and the
statutes and rules in effect when the information was submitted. This verification may not be
valid if site conditions materially change, the project design is modified, or the statutes or rules
governing the exempt activity are amended. In the event you need to re -verify the exempt status
for the activity, a new request and verification fee will be required. Any substantial
modifications to the project design should be submitted to the Department for review, as changes
may result in a permit being required.
2. Proprietary Review- GRANTED
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 activities on sovereign submerged lands under
Chapters 253 and 258 of the Florida Statutes, and Chapters 18-20 and 18-21 of the.Florida
Administrative Code.
The activity appears to be located on sovereign submerged lands owned by the Board of
Trustees. The activity is not exempt from the need to obtain the applicable proprietary
authorization. As staff to the Board of Trustees, the Department has reviewed the activity
described above, and has determined that the activity qualifies for a letter of consent under
Section 253.77. Florida Statutes, to construct and use the activity on the specified sovereign
submerged lands, as long as the work performed is located within the boundaries as described
herein 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.
Special Consent Conditions
1. The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and
the State of Florida from all claims, actions, lawsuits and demands in any form arising
out of the authorization to use sovereignty submerged lands or the applicant's use and
construction of structures on sovereignty submerged lands. This duty to indemnify and
hold harmless will include any and all liabilities that are associated with the structure or
activity including special assessments or taxes that are now or in the future assessed
against the structure or activity during the period of the authorization.
Project No.: 56-384625-001-EE
Project Name: Donovan
Page 3 of 7
Failure by the Board of Trustees to enforce any violation of a provision of the
authorization or waiver by the Board of Trustees of any provision of the authorization
will not invalidate the provision not enforced or waived, nor will the failure to enforce or
a waiver prevent the Board of Trustees from enforcing the unenforced or waived
provision in the event of a violation of that provision.
3. Applicant binds itself and its successors and assigns to abide by the provisions and
conditions set forth in the authorization. If the applicant or its successors or assigns fails
or refuses to comply with the provisions and conditions of the authorization, the
authorization may be terminated by the Board of Trustees after written notice to the
applicant or its successors or assigns. Upon receipt of such notice, the applicant or its
successors or assigns will have thirty (30) days in which to correct the violations. Failure
to correct the violations within this period will result in the automatic revocation of this
authorization.
4. All costs incurred by the Board of Trustees in enforcing the terms and conditions of the
authorization will be paid by the applicant. Any notice required by law will be made by
certified mail at the address shown on page one of the authorization. The applicant will
notify the Board of Trustees in writing of any change of address at least ten days before
the change becomes effective.
5. This authorization does not allow any activity prohibited in a conservation easement or
restrictive covenant that prohibits the activity.
General Conditions for Authorizations for Activities
All authorizations granted by rule or in writing under Rule 18-21.005, F.A.C., except those for
geophysical testing, shall be subject to the general conditions as set forth in paragraphs (a) through
(i) below. The general conditions shall be part of all authorizations under this chapter, shall be
binding upon the grantee, and shall be enforceable under Chapter 253 or 258. Part II, F.S.
(a) Authorizations are valid 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 shall
constitute a violation. Violation of the authorization shall result in suspension or revocation of
the grantee's use of the sovereignty submerged land unless cured to the satisfaction of the Board.
(b) Authorizations convey no title to sovereignty submerged land or water coltimn, nor do they
constitute recognition or acknowledgment of any other person's title to such land or water.
(c) Authorizations may be modified, suspended or revoked in accordance with their terms or the
remedies provided in Sections 253.04 and 258.46. F.S., or Chapter 18-14, F.A.C.
(d) Structures or activities shall be constructed and used to avoid or minimize adverse impacts to
sovereignty submerged lands and resources.
Project No.: 56-384625-001-EE
Project Name: Donovan
Page 4 of 7
(e) Construction, use, or operation of the structure or activity shall 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.
(t) Structures or activities shall not unreasonably interfere with riparian rights. When a court of
competent jurisdiction determines that riparian rights have been unlawfully affected, the
structure or activity shall be modified in accordance with the court's decision.
(g) Structures or activities shall not create a navigational hazard.
(h) Structures shall be maintained in a functional condition and shall be repaired or removed if
they become dilapidated to "such an extent that they are no longer functional. This shall not be
construed to prohibit the repair or,replacement subject to the provisions of Rule 18-21.005,
F.A.C., within one year, of a structure damaged in a discrete event such as a storm, flood,
accident, or fire.
(i) Structures or activities shall be constructed, operated, and maintained solely for water
dependent purposes, or for non -water dependent activities authorized under Paragraph 18-
21.004(1)(0, F.A.C., or any other applicable law.
3. Federal Review - APPROVED
Your proposed activity as outlined in your application and attached drawings qualifies for
Federal authorization pursuant to the State Programmatic General Permit V-R1, and a
SEPARATE permit or authorization will not be required from the Corps. Please note that the
Federal authorization expires on July 26, 2021. However, your authorization may remain in -
effect for up to l additional year, if provisions of Special Condition 19 of the SPGP V-R1 permit
instrument are met. You, as permittee, are required to adhere to all General Conditions and
Special Conditions that may apply to your project. Special conditions required for your project
are attached. A.copy of the SPGP V-RI with all terms and conditions and the General
Conditions maybe found at 1 ttl s:/lati � f s: °.us; c . ran .rs _ll issiot,is l _tilator r}Source-Bool(.
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.
Additional Information
Please retain this letter. The activities may be inspected by authorized state personnel in the
future to ensure compliance with appropriate statutes and administrative codes. If the activities
are not in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18-
14, F.A.C.
NOTICE OF RIGHTS
Project No.: 56-384625-001-EE
Project Name: Donovan
Page 5of7
This action is final and effective on the date filed with the Clerk of the Department unless a petition
for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the
deadline for filing a petition. On the Cling 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 hearing process may result in a modification of the
agency action or even denial of the application.
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;
(6) 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 nenrY,' i;ti`rlcCciep stare.f9a5. 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
Project No.: 56-384625-001-EE
Project Name: Donovan
Page 6 of 7
you are not required to publish notice of this action, you may elect to do so pursuant Rule 62-
110.106(10) (a).
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 I20.569 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 will not apply to persons who have not received
written notice of this action.
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 Agtncy ClerkedepstateAms, 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(])(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(1) 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.
Project No.: 56-384625-001-EE
Project Name: Donovan
Page 7of7
EXECUTION AND CLERKING
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Jeffrey Meyer
Environmental Manager
Southeast District
Enclosures:
Attachment A- Specific Exemption Rule
Special Conditions for Federal Authorization for SPGP V-R1
General Conditions for Federal Authorization for SPGP V-Rl
Project drawings, 3 pages
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this document and all
attachments were sent on the filing date below to the following listed persons:
FDEP -- Jeff Meyer, Chloe Gossett
Christopher Croushore, Croushore Marine Engineering, Inc., cc:roushoroail.c0111
Additional mailings:
Irene Arpayoglou Treace;.sir r�vagiu�atdr 1, statex.8.o
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.
Y='
Clerk
March 16, 2020
Date
SFWM® NOTICE GEMERAL PERMIT NO. MOD 8501
(NON -ASSIGNABLE)
Rev: 9J99 DATE ISSUED: July 9, 2021
AUTHORIZING: EXISTING PAVER WALKWAY, MOORING PILE, PLATFORM DOCK WITH STEPS,
130AT LIFT WITH CANOPY, TWO (2) JET SKI LIFTS, WATER AND ELECTRICAL
SERVICE AND CONSTRUCTION OF A PLAYSET W .ITHIN THE SOUTH RIGHT OF
WAY OF C-23A AT THE REAR OF 12188 RIVERBEND LANE.
LOCATED IN: ST. LUCIE COUNTY, SECTION 22 TOWNSHIP 37S RANGE 40E
ISSUED TO: KEVIN AND LESLIE DONOVAN
12188 RIVERBEND LANE
PORT ST. LUCIE, FL 34984
This permit is issued pursuant to Application No. 21-0521-2M dated May 21, 2021 and penmittee's
agreement to hold and save the South Florida Water Management District and its successors harmless from any and
all damages, claims or liabilities which may, arise by reason of the construction, maintenance or use of the work or
structure involved in the Permit. Said application, including all plans and specifications attached thereto, is by reference
made a part hereof. The permittee, by acceptance of this permit, hereby agrees that he/she shall promptly comply with
all orders of the District and shall alter, repair or remove his/her use solely at his/her expense in a timely fashion.
Permittee shall comply with all laws and rules administered by the District. This permit does not convey to permittee
any property rights nor any rights or privileges other than those specified herein, nor relieve the permittee from
complying with any law, regulation', or require ment•affecting the rights of other bodies or agencies. All structures and
works installed by permittee hereunder shall remain'the property of the permittee..
This permit is issued by the District as a revocable license to use or occupy District, works or lands. It. does not create
any right or entitlement, either legal or equitable, to the continued use of the District works or -lands. Since this permit
conveys no right to the continued use of the District works or lands, the District is under no obligation to transfer this
permit to any subsequent party: By acceptance of this permit, the permittee expressly acknowledges that the permittee
bears all risk of loss as a result of revocation of this permit.
WORK PROPOSED MUST BE COMPLETED ON OR BEFORE January 31, 2022.
Otherwise, this permit is void and all rights there. under are automatically canceled unless permittee applies foe, in writing,
a request for extension to the construction period and such request is received by the District on or before the expiration
date and such request is granted, in writing, by the District.
SPECIAL CONDITIONS (SPECIFIC PROJECT CONDITIONS) A LIMITING CONDITIONS ON ATTACHED
SHEETS ARE A PART OF THIS DOCUMENT.
FILED ON j" , 202i Dr. I
_TJ hn Hixenbaugh, J.D., AICP CUD
BY r%Jiu Cit�(D Section Administrator
DEPUTY ERK Right of Way Section
Original Mailed to Permittee on 1 --f — Zi by 1511W Cae. l
C: Michelle Reichert
OKEECHOBEE FIELD STATION
(863) 462-5280, Extension 3145
PERMIT NO. MOD 8501
July 9, 2021
SPECIAL CONDITIONS ARE AS FOLLOWS'
1. UNLESSOTHERWISE NOTED BELOW, ALL WORK AUTHORIZED BY RIGHT OF WAY OCCUPANCY PERMIT NO.8501
AND ITS MODIFICATION(S) IS SUBJECT TO THE SPECIAL AND LIMITING CONDITIONS SET FORTH HEREIN.
2. PRIOR TO COMMENCEMENT OF CONSTRUCTION OR UTILIZATION OF THE DISTRICT'S RIGHT OF WAY, PERMITTEE
SHALL SCHEDULE AND HOLD A PRE -CONSTRUCTION MEETING WITH THE DISTRICT'S FIELD REPRESENTATIVE
ASSIGNED TO THIS PERMIT. NO W.ORK.WITHIN THE RIGHT OF WAY SHALL BE AUTHORIZED WITHOUT FIRST
HAVING A MEETING AT WHICH PERMITTEE SHALL BE REQUIRED TO OBTAIN NOTICE TO PROCEED FROM THE
FIELD REPRESENTATIVE. IF REQUESTED BY THE FIELD REPRESENTATIVE, PERMITTEE SHALL PREPARE AND
PRESENT THE FOLLOWING AT THE MEETING: A) COPIES OF ALL PERMITS THAT MUST BE OBTAINED PRIOR TO
THE START OF CONSTRUCTION; B) CONTACT INFORMATION FOR PERMITTEE, THE CONTRACTOR AND/OR THIRD -
PARTY INDEPENDENT INSPECTOR, INCLUDING TELEPHONE NUMBERS, EMAIL ADDRESSES AND PHYSICAL
ADDRESSES; C) WRITTEN INVENTORY OF ALL VEHICLES AND/OR EQUIPMENT BY TYPE TO ENTER UPON THE
RIGHT OF WAY; D) WRITTEN PROCEDURES FOR VACATING THE RIGHT OF WAY WITHIN 24 HOURS NOTICE FROM
THE DISTRICT; AND E) CONTACT INFORMATION FOR PERSONS AND/OR VENDORS RESPONSIBLE FOR
EMERGENCY VACATION FROM THE RIGHT OF WAY. 'PERMITTEE SHALL PROVIDE, PREPARE AND/OR PRESENT
ANY OTHER DOCUMENTATION, AS MAY BE DIRECTED BY THE FIELD REPRESENTATIVE, IN PREPARATION FOR
THE PRECONSTRUCTION MEETING.
3. NO WORK AUTHORIZED BY THIS PERMIT SHALL COMMENCE (OR BE ALLOWED TO REMAIN IF EXISTING) UNTIL
PERM1 TEE HAS SECURED A BUILDING.PERMIT FROM THE LOCAL JURISDICTION HAVING AUTHORITY TO ISSUE
SUCH PERMITS. THE BUILDING PERMIT SHALL BE PRESENTED TO THE DISTRICT STAFF FOR INSPECTION AT THE
REQUIRED PRE -CONSTRUCTION MEETING (OR AT THE FINAL INSPECTION IF EXISTING). WORK SHALL BE
COMPLETED IN ACCORDANCE WITH THE BUILDING PERMIT AND PERMITTEE SHALL SUBMIT EVIDENCE THAT ALL
FINAL INSPECTIONS HAVE BEEN COMPLETED AND THE BUILDING PERMIT CLOSED PRIOR TO SCHEDULING A
FINAL INSPECTION WITH THE DISTRICT. IF NO BUILDING PERMIT IS REQUIRED BY THE LOCAL JURISDICTION, IT
SHALL BE PERMITTEE'S RESPONSIBILITY TO PRESENT EVIDENCE TO DISTRICT STAFF CONFIRMING SUCH
EXEMPTION.
4. PRIOR TO CONTACTING THE DISTRICT FOR A FINAL INSPECTION, PERMITTEE SHALL REMOVE ALL
CONSTRUCTION MATERIALS AND DEBRIS FROM THE DISTRICTS CANAL AND RIGHT OF WAY AND RESTORE THE
RIGHT OF WAY TO THE SATISFACTION OF THE DISTRICT. RESTORATION MAY REQUIRE, BUT NOT BE LIMITED TO,
GRADING, COMPACTION OF SOIL, PLACEMENT OF SOD, AND/OR INSTALLATION OF BANK STABLIZATION
MATERIALS (E.G., RIP RAP, FILTER FABRIC CLOTH, ETC.). PERMITTEE SHALL BE SOLELY LIABLE FOR ALL COSTS
ASSOCIATED WITH RESTORATION OF THE RIGHT OF WAY. ALL RESTORATIVE WORK SHALL BE PERFORMED IN
COMPLIANCE WITH DISTRICT AND/OR USACE SPECIFICATIONS AND DIRECTION,
5. IMMEDIATELY UPON COMPLETION OF THE AUTHORIZED WORK, PERMITTEE SHALL CONTACT THE DISTRICT'S
FIELD REPRESENTATIVE LISTED ON THE FACE OF THIS PERMIT TO SCHEDULE A FINAL INSPECTION. PERMITTEE
SHALL BE REQUIRED TO ATTEND THE FINAL INSPECTION AND PROVIDE COPIES OF ANY DELIVERABLES (E.G.,
CLOSED BUILDING PERMIT, CERTIFIED AS -BUILT DRAWINGS, ETC.) REQUIRED BY THIS PERMIT AT THAT TIME.
PERMITTEE SHALL CORRECT ANY DEFICIENCIES IDENTIFIED DURING THE INSPECTIO14 WITHIN THE TIMEFRAME
AND IN THE MANNER DIRECTED BY THE DISTRICT'S FIELD REPRESENTATIVE.
6. THE DOCK AND ALL ASSOCIATED APPURTENANCES SHALL BE LOCATED ADJACENT TO PERMITTEE'S PROPERTY
AND LIE WITHIN THE EXTENSION OF THE LOT LINES, AS EXTENDED PERPENDICULAR FROM THE CENTERLINE OF
THE CANAL.
7. THE DISTRICT SHALL NOT BE LIABLE FOR ANY DAMAGE OR.LOSS TO ANY IMPROVEMENTS AND/OR RELATED
APPURTENANCES AUTHORIZED BY'THIS PERMIT, INCLUDING VESSELS DOCKED THERETO, RESULTING FROM
DISTRICT USE, OPERATION (E.G:, GATE, PUMPING AND STRUCTURE OPERATIONS, WATER LEVEL MANAGEMENT,
WATER FLOWS, FLUCTUATIONS AND OPERATIONS OF ITS STRUCTURES), ACTIVITY AND/OR MAINTENANCE OF OR
IN ITS RIGHTS OF WAY OR OTHER WORKS OF THE DISTRICT.
8. THE DOCKING FACILITIES, INCLUDING ASSOCIATED MOORING PILES AND VESSELS MOORED THERETO, SHALL
NOT EXTEND INTO THE CANAL MORE THAN 25% OF THE ENTIRE WIDTH OF THE CANAL (AS MEASURED FROM
EITHER MEAN HIGH WATER OR BULKHEAD LINE, WHICHEVER APPLIES).
9. THIS AUTHORIZATION IS FOR A DOCK WHICH IS RESTRICTED TO THE MOORING OF NO MORE THAN THREE (3)
VESSELS/WATERCRAFT AT ANY ONE TIME. THE MOORING OF FOUR (4) OR MORE VESSELS/WATERCRAFT
CONSTITUTES A MARINA AND CAN ONLY BE AUTHORIZED BY THE PROCEDURES SET FORTH FOR THE
CONSTRUCTION OF MARINAS WITHIN THE DISTRICTS RIGHTS OF WAY.
10. THE MAINTENANCE OR REPAIR OF BOAT TRAILERS, VEHICLES, VESSELS OR WATERCRAFT OF ANY KIND SHALL
BE STRICTLY PROHIBITED WITHIN THE DISTRICTS RIGHT OF WAY. IN ADDITION, NO SUBSTANCES OR PARTS
ASSOCIATED WITH REPAIR OR MAINTENANCE SHALL BE USED, STORED OR DISCARDED WITHIN THE RIGHT OF
WAY.
Page 1
PERMIT MO. MOD 8501
July 9, 2021
CONTINUED SPECIAL CONDITIONS ARE AS FOLLOWS:
11. NEITHER THE DOCK NOR ANY STRUCTURE AUTHORIZED ON THE DOCK SHALL.SE MODIFIED TO INCORPORATE
WALLS OR SIMILAR ENCLOSURES WHETHER SOLID, PARTLY SOLID, SCREENED OR TRANSPARENT, REGARDLESS
OF THE TYPE OF MATERIAL TO BE'USED.
12. THE DOCK AUTHORIZED BY THIS PERMIT SHALL BE FOR THE PRIVATE USE OF PERMITTEE ONLY, PERMITTEE
SHALL NOT SELL, RENT OR LEASE ANY PORTION OF THE DOCK AND/OR ITS RELATED APPURTENANCES.
13. PERMITTEE SHALL NOT USE OR ALLOW ANY PORTION OF THE DOCK OR ITS ASSOCIATED APPURTENANCES TO
BE USED AS EITHER A TEMPORARY OR PERMANENT PLACE OF RESIDENCE, NOR SHALL PERMITTEE MOOR OR
ALLOW THE MOORING OF HOUSEBOATS OR OTHER VESSELS BEING USED AS EITHER A TEMPORARY OR
PERMANENT PLACE OF RESIDENCE.
14. DOCK STORAGE LOCKER OR BOX CONTENTS SHALL BE LIMITED TO FISHING OR BOAT -RELATED EQUIPMENT,
SUCH AS FLOTATION DEVICES, ROPE.AND LINE, FIRST AID EQUIPMENT AND FIRE EXTINGUISHERS. THE
STORAGE OF -PESTICIDES, FUEL, OILS OR OTHER PETROLEUM/CHEMICAL PRODUCTS, INCLUDING, BUT NOT
LIMITED TO PAINTS, THINNERS AND SOLVENTS, SHALL BE STRICTLY PROHIBITED. IN ADDITION, NO FUELING OR
PUMP -OUT FACILITIES ARE AUTHORIZED BY THIS PERMIT.
1S. THE UTILITY SERVICE SHALL REMAIN OF SUFFICIENT BURIAL DEPTH (18" OR -GREATER FOR.WATER SERVICE
AND 24" OR GREATER FOR ELECTRICAL SERVICE) TO WITHSTAND THE WEIGHT OF THE DISTRICT'S HEAVY
MAINTENANCE EQUIPMENT AND VEHICLES.
16. PERMITTEE SHALL MAINTAIN THE WATER SERVICE SO THAT IT DOES NOT LEAK OR OTHERWISE WASTE WATER.
17. THE AUTHORIZED WALKWAY SHALL BE. MAINTAINED INSTALLED SO THAT THE SURFACE REMAINS FLUSH WITH
EXISTING GRADE AND OF A MATERIAL DESIGNED TO WITHSTAND'THE WEIGHT OF THE DISTRICTS HEAVY
MAINTENANCE EQUIPMENT AND VEHICLES.
18. AT NO TIME SHALL THE CANAL BE -BLOCKED OR FLOWS OTHERWISE RESTRICTED OR IMPEDED. THIS
RESTRICTION SHALL INCLUDE, BUT NOT BE LIMITED TO, A PROHIBITION ON THE USE OF DAMS OR FILL IN THE
CANAL DURING ALL PHASES OF CONSTRUCTION AND ANY SUBSEQUENT FUTURE MAINTENANCE OPERATIONS.
19. THE DISTRICT'S FIELD REPRESENTATIVE SHALL HAVE SOLE AUTHORITY TO DETERMINE WHETHER PERMITTEE'S
METHODS OF CONSTRUCTION, INTERIM WORK, CONSTRUCTION ACTIVITY OR USE OF'TH E RIGHT OF WAY IS- IN
CONFORMANCE WITH THE PERMIT AUTHORIZATION, INCLUDING TERMS AND CONDITIONS, THE APPLICATION,
RESPONSES OR STATEMENTS MADE BY PERMITTEE DURING APPLICATION PROCESSING, AND SUPPORTING
DOCUMENTS INCORPORATED INTO THE PERMIT FILE. IF THE DISTRICTS FIELD REPRESENTATIVE DETERMINES
THAT PERMITTEE'S ACTIVITIES ARE NOT IN CONFORMANCE, HE/SHE -SHALL ISSUE A STOP WORK ORDER TO
PERMITTEE UNTIL SUCH NONCONFORMANCE HAS BEEN RESOLVED TO THE SATISFACTION OF THE DISTRICT. IF
PERMITTEE CHOOSES TO PROCEED WITH THE WORK AUTHORIZED BY THIS PERMIT, PERMITTEE
ACKNOWLEDGES THIS CONDITION AND AGREES TO CEASE ALL ACTIVITY IN THE DISTRICTS RIGHT OF WAY
IMMEDIATELY UPON RECEIPT OF THE STOP WORK ORDER.
20. THE DISTRICT RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REQUIRE AN INSPECTION REPORT FROM A
PROFESSIONAL ENGINEER OR CONTRACTOR LICENSED IN THE STATE OF FLORIDA AT ANY TIME DURING WHICH
THE AUTHORIZED WORK REMAINS IN THE RIGHT OF WAY TO VERIFY THAT THE AUTHORIZED WORK COMPLIES
WITH INDUSTRY STANDARDS, PERFORMS THE FUNCTION FOR WHICH IT WAS DESIGNED AND IS SOUND AND
POSES NO THREAT TO THE DISTRICTS RIGHT OF WAY AND/OR OPERATION AND MAINTENANCE OF ITS FLOOD
CONTROL SYSTEM. IF THE DISTRICT DETERMINES THAT REPAIR, REPLACEMENT OR REFURBISHMENT OF THE
AUTHORIZED WORK IS REQUIRED, PERMITTEE SHALL IMMEDIATELY COMPLY WITH DISTRICT DIRECTION TO
SECURE APPROVALS/PERMITS, AS MAY BE REQUIRED, AND TO PERFORM SUCH WORK WITHIN THE TIMEFRAME
SET FORTH BY THE DISTRICT.
21. PERMITTEE SHALL NEITHER CONSTRUCT, INSTALL OR PLACE ADDITIONAL IMPROVEMENTS WITHIN THE
DISTRICTS RIGHT OF WAY, NOR USE THE RIGHT OF WAY FOR ANY ACTIVITY (UNLESS EXPRESSLY AUTHORIZED
BY THIS PERMIT) WITHOUT FIRST HAVING OBTAINED A MODIFICATION OF THIS PERMIT. OF PARTICULAR NOTE,
THAT AREA MEASURING 40 FEET LANDWARD FROM THE TOP OF BANK SHALL REMAIN FREE AND CLEAR OF ANY
OBSTRUCTIONS,'IMPROVEMENTS OR USE, UNLESS OTHERWISE AUTHORIZED BY THIS PERMIT.
22. THIS PERMIT SHALL NOT BECOME VALID UNTIL ALL OTHER REQUIRED SOUTH FLORIDA WATER MANAGEMENT
DISTRICT, LOCAL, COUNTY AND/OR STATE PERMITS OR OTHER AFFECTED PARTIES' APPROVALS HAVE BEEN
OBTAINED. IF THERE IS A CONFLICT BETWEEN THE WORK AUTHORIZED BY THIS PERMIT AND A PERMIT
OBTAINED FROM A DIFFERENT PUBLIC OR PRIVATE ENTITY, THE TERMS AND CONDITIONS OF THIS PERMIT
SHALL PREVAIL AND HAVE SUPERIORITY,
23. A COPY OF THE PERMIT PACKAGE WILL BE KEPT AT THE JOB SITE UNTIL COMPLETION OF ALL PHASES OF
CONSTRUCTION AND APPROVAL OF THE FINAL INSPECTION.
Page 2
PERMIT NO. MOD 8501
July 9, 2021
CONTINUED SPECIAL CONDITIONS AREAS FOLLOWS:
24. IF THE IMPROVEMENTS, WORK AND/OR USE AUTHORIZED BY THIS PERMIT (EITHER DURING CONSTRUCTION OR
FOLLOWING COMPLETION) RESULT IN ANY DAMAGE TO THE DISTRICTS RIGHT OF WAY (E.G., SHOALING,
EROSION OR WASH -OUT OF ANY AREA.IN THE RIGHT OF WAY), DISTRICT FACILITIES AND/OR ANY OTHER
FACILITIES (AUTHORIZED OR UNAUTHORIZED), PERMITTEE SHALL BE SOLELY RESPONSIBLE FOR REPAIRING
SUCH DAMAGE. IN ADVANCE OF PERFORMING:ANY REPAIRS, PERMITTEE SHALL CONSULT WITH THE DISTRICT
TO DETERMINE THE APPLICABLE DISTRICT PROCESSES AND REQUIREMENTS WHICH MAY INCLUDE, BUT ARE
NOT LIMITED TO, FILING AN APPLICATION FOR A RIGHT OF WAY OCCUPANCY PERMIT TO SECURE
AUTHORIZATION TO PERFORM SUCH WORK. PERMITTEE SHALL BE RESPONSIBLE FOR ALL COSTS AND LIABILITY
RESULTING FROM SUCH DAMAGE.
25. IF STORM, HURRICANE OR EMERGENCY CIRCUMSTANCES DEVELOP, THE DISTRICT IS AUTHORIZED, AT ITS SOLE
DISCRETION, TO TEMPORARILY OR PERMANENTLY SUSPEND OR TERMINATE THE AUTHORIZED USE. IN SUCH
EVENT, THE DISTRICT WILL CONTACT PERMITTEE TO PROVIDE DIRECTION WHICH MAY INCLUDE, BUT IS NOT
LIMITED TO, VACATING THE RIGHT OF WAY, REMOVING AND/OR SECURING EQUIPMENTAND/OR MATERIALS
FROM THE RIGHT OF WAY, OR PERFORMING WORK TO ENSURE THAT THE RIGHT OF WAY IS SUFFICIENTLY
RESTORED TO ACCOMMODATE DISTRICT OPERATIONS AND MAINTENANCE ACTIVITIES. PERMITTEE, INCLUDING
ALL PERSONS, VENDORS, SUB -CONTRACTORS OR AGENTS OF PERMITTEE, SHALL BE REQUIRED TO COMPLY
WITH DISTRICT DIRECTION. THE DISTRICT RESERVES THE RIGHT TO TERMINATE THE AUTHORIZED USE IF
PERMITTEE FAILS TO MAKE SURE -THAT ALL PARTIES COMPLY WITH THIS CONDITION.
26. PERMITTEE SHALL BE SOLELY RESPONSIBLE FOR PERFORMING REGULAR AND ROUTINE INSPECTIONS OF THE
IMPROVEMENTS AUTHORIZED BY THIS PERMIT AND CORRECTING ANY DEFICIENCIES IDENTIFIED BY SUCH
INSPECTIONS TO ENSURE THAT THE IMPROVEMENTS CONTINUE TO COMPLY WITH THE PERMIT AND PERFORM,
AS NEEDED, TO PROTECT PUBLIC HEALTH, SAFETY AND WELFARE.
27. PERMITTEE IS ADVISED THAT THE DISTRICT HAS NO CONTROL OVER THE SALE- OR TRANSFER OF REAL OR.
PERSONAL PROPERTY. IT IS THE SOLE OBLIGATION OF PERMITTEE TO DISCLOSE TO PROSPECTIVE
PURCHASERS THE EXISTENCE OF THIS PERMIT, AND THE TERMS AND CONDITIONS CONTAINED HEREIN.
BECAUSE THIS PERMIT IS A REVOCABLE LICENSE THAT,DOES NOT ATTACH TO THE LAND, PERMITTEE
CONTINUES TO BE OBLIGATED TO COMPLY WITH THIS PERMIT EVEN IF PERMITTEE SELLS OR.T'RANSF.ERS THE
REAL PROPERTY ADJACENT TO OR ENCUMBERED BY DISTRICT RIGHT OF WAY. ACCORDINGLY, IT IS
RECOMMENDED THAT PERMITTEE ENSURE THAT THIS PERMIT IS -TRANSFERRED TO A NEW OWNER IN
CONJUCTION WITH ANY SALE OR TRANSFER OF THE SUBJECT REAL PROPERTY.
28. THE WORK OR USE AUTHORIZED BY THIS PERMIT SHALL BE COMPLETED'BY JANUARY 31, 2022 UNLESS
OTHERWISE EXTENDED BY THE DISTRICT IN WRITING. IF PERMITTEE REQUIRES AN EXTENSION OF THE WORK
EXPIRATION DATE, PERMITTEE SHALL SUBMIT A REQUEST FOR AN EXTENSION IN THE MANNER AND FORM, AS
DIRECTED BY THE DISTRICT. THE DISTRICT RESERVES THE R16HT TO APPROVE, APPROVE WITH CONDITIONS
OR DENY PERMITTEE'S REQUEST.
END.
Page 3
4)
a
• r •r
Application t® the South Florida Water Management
_ 'strict for Issuance of a Right of Way
Occupancy Permit
MAY 2 l 2021 3301 Gun Club Road, West Patin Beach, FL 334063007
Telephone (561) 68"800 FL WATS Line 1 800.432 2045
RIGHT QF WAY Attention: flight of Way Permitting 21 ® 0 5 2 1 2A
Application No. _
PerrnilteelOwner(s) Full ame (Inclu a!I PemdthWOwner(s) If applicable)
VVI N 0Z*
Email Address L, 7 A>• tv , Cd/s1.
Street Address8
121m zw0*76MO LW i�
C
Sla te
TP?0
TY- 1.tVo.?o-0596
Agents' Name Of applicable)
Email Address
Street Address
City
State
ZIP
Telephone No.
REQUESTED USE
Now Permit ❑ mod cation of Existing Permit (Permit Number)
Proposed soul
LOCATION OF PROJECT
Note: Copy of recent nporlyiboundary surve and aerial map of property fled to a well-known landmark must be mvidod e
Work or Land (canal or levee) Involved
County Section
Township
Range
5,� 1 dC /(E
South
East
Lot No.
Block No.
Subdivision Name
DESCRIPTION OF PROJECT
!m Check all usesffecclities that apply)
❑ Bridge ❑ BuikheadfSeawali ❑ Cuivert
❑ Dock
❑ Fencing ❑ Landscaping ❑ Temporary Use (accessislorage)
❑ Utility Installation
®- Other (exclude description below)
91<.STrtiC,' MAW GUAIVWVO/ A - 4,e BxWw &AIP4.
P126?osb &ll MAj i �W-xon` "
Form 0122-OP (02(2016) Page i of 4
46 0
40E"6.381 LIMITING CONDITIONS
The District's authorization to utilize lands and other works constitutes a revocable license (Including both notice general permits and
standard permits'). In consideration for receipt -of that looftse, permittees shall agree to be bound by the following standard limiting
conditions, which shall be Included within all permits issued pursuant to this chapter:
1) All structures on District works or lands constructed by permittee shall remain the property of permittee, who shall be solely
responsible for on that such structures and other uses remain In good and safe cohdilibri. Permittees are advised that other
federal, state and local safety standards may govem the occupancy and use of the District's lands and works. The District assumes
no duty with regard to ensuring that•such uses are so maintained.and assumes no liabilitywith-regard to Injuries caused to others by
any such failure.
2) Permittee solely acknowledges and accepts the duty and all associated responsibilities -to Incorporate safety features, which
meet applicable engineering practice and accepted industry standards, into the design, construction, operation and continued
maintenance of the permitted facilities/authorized use. This duty shall include, but not be limited to, permittee's consideration of the
District's regulation and potential lluetuatlon, without notice, of water levels in canals and works, as well as the pemiittee's consideration
of upgrades and modifications to the permitted facililieslauthorized use which may be necessary to meet any future changes to
applicable engineering practice and accepted indistry standards. Parmitlee acknowledges that the District's review and 'issuance of
this permit, including, but not limited to, any field Inspections performed by the Disidet, does not in any way consider or ensure thatthe
permitted facilitieslauthorized use is planned, designed, engineered; constructed, or will be operated, maintained or modified so as to
meet applicable engineering practice and accepted Industry standards, or otherwise provide any safety protections. Permittee further
acknowledges that any Inquiries, discussions, or representations, whetherverbal orwritten, by or with any District staff or representative
during the permit review and issuance process, including, but.not limited to, any field Inspections, shall not In any way be relied upon
by permittee as the District's assumption of any duty to incorporate safety features, as set forth above, and shall also not be relied
upon by permittee in order to meet permittee's duty to Incorporate safety features. as set forth above.
3) Permittee agrees to abide by all of the terms and conditions of this permit, including any representations made on the permit
application and related documents. This permit shall be subject to the requirements of Chapter 373, F.S., and Chapter 40E-6,• F.A.C.,
Including all subsequent rule and criteria revisions. Permittee agrees to pay all removal and restoration costs, investigative costs,
court costs and reasonable attomey's•fees, including appeals, resulting from any action taken by the District.to obtain compliance with
the conditions of the permit or removal of the permitted use. if District legal action is taken by staff counsel, "reasonable attorney's
fees" is understood to mean the fair market value of the services provided, based upon what a private attorney would charge.
4) This permit does riot create any vested rights, and except for governmental entities and utilities, is revocable at will upon
reasonable prior written notice. Permittee bears all risk of loss as to monies expended in furtherance of the permitted use. Upon
revocation, the permittee shall promptly modify, relocate or remove the permitted use and property restore the right of way to the
District's satisfaction. In the event of failure to so comply within the specified time, the District may remove the permitted use and
permittee shall be responsible for all removal and restoration costs.
5) This permit does not convey any property rights nor any rights or privileges other than those specified herein and this permit
shall not, in any way, be construed as an abandonment or any other such impairment or disposition of the DisWrs property rights.
The District approves the permitted use only to the extent of its Interest in the works of the District. Permittee shall obtain all other
necessary federal, state, local, special district and private authorizations prior to the start of any construction or alteration authorized
by the permit. Permittee shall comply with any more stringent conditions or provisions which may beset forth in other required permits
or other authorizations. The District, however, assumes no duty to ensure that any such authorizations have been obtained or to
protect the legal rights of the underlying fee owner, In those Instances where the District owns less than fee.
6) Unless specifically prohibited or limited by statute, Permittee agrees to indemnify, defend and save the District (which used
herein includes the District and Its past, present and/or future employees, agents, representatives, officers and/or Governing Board
members and any of their successors and assigns) from and against any and all lawsuits, actions, cla[me. demands, losses, expenses,
costs, attorney's fees (including but not limited to the fair market value of the District's in-house attorneys' fees based upon private
attorneys' fees/rates), judgments and liabilities which arise from or may be related to the ownership, construction, maintenance or
operation of•the permitted use or the possession, utilization, maintenance, occupancy or ingress and egress of the District's right of
way which arise directly or indirectly and are caused in whole or In part by the acts, omissions or negligence of the Permittee or of third
parties. Permittee agrees to provide legal counsel acceptable to the District if requested for the defense of any such claims.
7) The District does not waive sovereign Immunity in any respect.
8) The permittee shall not -engage In any activity regarding the permitted use which interferes with the construction, alteration,
maintenance or operation of the works of the District, including:
a) discharge of debris or aquatic, 'weeds into the works of the District;
b) causing erosion or shoaling within the works of the District:
c) planting trees or shrubs or erecting structures which limit or prohibit access by District equipmentand vehicles, except
as may be authorized by the permit. Permittee shall be responsible for any costs incurred by the District resulting from any such
interference, as set forth in (a), (b), and (c), above.
Permittee shall be responsible for any costs incurred by the District resulting from any such Interference, as set forth in a), b), and c), above;
d) leaving construction or other debris on the District's right bf way or waterway;
e) damaging District berms and levees;
Form 0122-OP (02/2016) Page 2 of 4
f) the removal of District owned spoil material;
g) removal of or damage to District locks, gates, and fencing',
h) opening of District rights of way to unauthorized vehicular access; or
i) running or allowing livestock on the District's right of way.
8) The District is not responsible for any -personal Injury or property damage which may directly or indirectly result from the use
of water from the District's canal or. any activities which may include use or contact with water from the Distries canal, since the District
periodically sprays its canals for aquatic weed control purposes and uses substances which may be harmful to human health or plant
life,
10) Permittee shall allow the District to Inspect the permitted use at any reasonable time.
11) Permittee shall allow, without charge or any Interference, the District, its employees, agents, and contractors, to utilize the
permitted facilities before, during and after construction for the purpose of conducting the District's, routine and emergency, canal
operation, maintenance, and construction activities. To the extent there is any conflicting use, the District's use shad have priority_ over
the permitteds use.
12) This permit is a non-exclusive revocable license. Permittee shall not interfere with any other existing or future permitted
uses or facilities authorized by the District.
13) 'The District has the. right -to change, regulate, limit; schedule,: or suspend discharges into, or withdrawals from, works of the
District in accordance with criteria established by the Big Cypress Basin, the District, or the U. S. Army Corps of Engineers for the
works of the District.
14) It the use involves the construction of facilities for a non-exempt water withdrawal or surface water discharge, the applicant
must apply for and obtain a water use or surface water management permit before or concurrently with any activities which may be
conducted pursuant to the right of way occupancy permit.
15) The District shall notify the local ad valorem taxing authority of the lands affected by the permitted use, where the permittee
owns the underlying fee and derives a substantial benefit from the permitted use. The taxing authority may reinstate such lands on
the tax roll. Failure to pay all taxes in a.limely manner shall result in permit revocation. Such permit revocation shall not alleviate the
responsibility of the permittee to pay all taxes due and payable.
16) Permittee shall provide prior written notioe•to their successors in title of the permit and its terms and conditions.
17) Permittee authorizes the. District to record a Notice of Permit through filing the appropriate notice In the public records of -the
county or counties where the project is located. Governmental entities and utilities are not subject to this provision.
18) Permittee shall be responsible for the repair or replacement of any existing facilities located within the.District's right of way
which are damaged as a result of the installation or maintenance of the authorized facility.
19) All obligations under the terms of this permit authorization and any subsequent modifications hereto shall be joint and several
as to all owners.
20) It is the responsibility of the permittee to make prospective bidders aware of the terms and conditions of this permit. It shall
be the responsibility of the permittee's contractors to understand the terms and conditions of this permit and govern themselves
accordingly.
21) It is the responsibility of the permittee to bring to the attention of the District any conflict in the permit authorization or permit
conditions in order that they may be resolved prior to the start of construction. In resolving such conflicts the District's determination
will be final.
22) Special Conditions that are site specific shall be incorporated into every permit as maybe necessary in the best interest -of
the District
23) The District is not responsible for the repair of or claims of damage to any facilities and uses which may iribOr damage
resulting from the District's utilization of'its rights of way or use by third parties. Improvements placed within the. right bf way are done
so at -the sole risk of the owner.
Rulemaking Authority 373.044, 973.113 FS. Law Implemented 373.085(f ), 373.086, 373.103, 373.109, 373.129. 373.1395, 373.603,
373.609, 373.613 FS. History -New 9-3-81, Formerly 16K-5.01(2), 16K-5.02(2), 16K-5.03(2), 16K-5.04(4), 16K•5.05, Amended
5-30.82. 12-29-86, 12-24-91, 9-15-99
Form 0122-OP (0212016) Page 3 of 4
In compliance with provisions of Chapter 373, Florida Statutes and Chapter40E-0, Florida Administrative Code, applicaton is hereby
made for a Right of Way Occupancy Permit In accordance with support drawings, data and incidental information filed with this -
application and made a part of this application. I hereby certify that all Information contained in or made a part hereof is true and
correct to the best of my knowledge, that any permit Issued shall require that the permitted use be constructed and operated in
accordance with such Information.
I further certify that I have read the Standard trmiting Conditions appearing on this application and understand that said conditions will
be Incorporated within any permit issued pursuant to the application, unless expressly waived by the Governing Board. I further
acknowledge that the SFWMD may incorporate additional special conditions as may be necessary in the best interest of the District.
In signing this application, I acknowledge that failure to comply with all conditions of this permit may result in permit revocation, financial
assurance or bond forfeiture, and remedial action against me by the SFWMD. I assume full responsibility for the actions of all my
employees, agents and persons, whether under direct contractual obligation to me or indirectly, with respect to compliance with the
conditions and limitations contained within this application or within a permit issued as a insult of this application.
NOTE: Either PermittsefOwner—or—A n can sign
Pennittee/Owner's Name (print or type) Permittoe/Owne s s n) Date
Agent Name (print or type) Agent Name (sign) Date
Please be sure the following accompany the submittal of your application:
Application Processing Fee (if applicable)
8'/? x IV Drawings describing the use or facilities
All other information as outlined In the Criteria Manual
Submit the original application package and 3 duplicates
VIM 21 2021
RIGHT OF WAY
1-0521`2jLj
Form 0122-OP (0212016) Page 4 of 4
Michelle Franklin,
CFA -- Saint Lucie County Property Appraiser — All rights reserved.
Property Identification
SitcAddress:12188
Parcel ID:4422-502-0023-' Account0:118702 Seclrown/Range:22/37S/40E
RIVERBF.ND LN
000-6 Map ID: 44/22N Zoning: AR -I Count
Use Type: 0100
Jurisdiction: Saint Lucie
County
Ownership
Legal Description
Kevin M Donovan
BAY ST LUCIE LOT 20 (SUBJ TO ESMT TO C AND SFFCD)
Leslie A Donovan
(MAP 44/22N)
12189 Riverbond LN
Port Saint Lucie, FL 34984
Current Values Historical Values 3-year
Just/Market: $877,900 Assessed: $714,257 Year Just/Market Assessed Exemptions Taxable
Exemptions: $50,000
Taxable: $664,257 2020 $877,900 $714,257 $50,000 $664,257
2019 $717,600 $698,199 $50,000 $648,199
2018 $727,900 $685,181 $50.000 $635,181
Sale History
Date
Book/Page Sale Code Deed Grantor Price
01-16-2020
4371 / 0657 0001 WD King (TR) Douglas J SI,250,000
09-22-2011
3330 / 1877 0111 QC King (TR) Douglas J $100
09-22-2011
3330 / 1875 0111 QC King Douglas J $100
Primary Building Information
Finished Area of this building: 4,165 SF
Gross Sketched Area: 7,378 SF
Exterior Data
View.
Roof Cover: Cone Tile Roof Structure: Hip Building Type: HA
Year Built: 2011
Frame: Grade: A Effective Year: 2011
Primary Wall: CB Stucco
Story Height: I Story No. Units: I Secondary Wall:
Interior Data
Bedrooms: 4
A/C %: 100% Electric: MAXIMUM Primary Int Wall:
Full Baths: 4
Heated %: 100% Heat Type: FrcdtlotAir Avg HgOloor: 0
Half Bulbs: 0
Sprinkled,%: 0% Heat Fuel: ELF..0 Primary Floors: Tile-Ccramic
'total Areas
t. FinisheWnder Air 4,165
t i " �' (SF)
Gross Sketched Area 7,378
.( � � :�
�-.4 Land Size (acres): 0.55
Land Size (SF): 24,000
Total Building Count: 1
s
MAY 21 2021
RIGHT OF WAY
21-0521-2P
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JUN 2 4 2021
IUGHTOF WAY
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Dear Permittee:
SUBJECT: Issuance of a Right of Way Occupancy Permit
Enclosed please find the Right of Way Occupancy. Permit issued pursuant to application
for permit.
Your attention is directed to review all of the terms, Limiting. Conditions, Special,
Conditions and drawings contained in -the Right of Way Occupancy Permit. Please note
that this Permit shall not become valid until all other required permits/approvals are
obtained from the South Florida Water Management District; U.S. Army Corps of.
Engineers; other local, county and/or•state agencies; or other affected parties. The
Permittee understands and shall comply with any more stringent conditions set forth in
other required permits and approvals.
In particular, please note that as local and regional water management needs change',
District rights of way may need to be restored or otherwise changed to meet these needs.
As a result, facilities authorized by Right of Way Occupancy Permits may be subject to
future removal pursuant to Limiting Conditions (3) and (4).
In the event you object to the terms, Limiting or Special Conditions, please refer to the, .
enclosed "Notice of Rights" which addresses the procedures you must follow should you "
desire a public hearing or other review of the agency action. If an objection is not filed,as.,
specified in the "Notice of Rights'", prior to construction of the authorized facilities or
enQaAing in the authorized uses, then in addition to waiving important legal administrative.
rights, you will be deemed to have concurred with the District's terms, Limiting and Special
Conditions.
Please contact this office should you have any questions or require assistance on this
matter.
1 HEREBY CERTIFY that a "Notice of Rights" has been furnished by U.S. Mail to the .
Permittee.
Matthew Bolton
Right of Way Technician 11
Right of Way Section
Field Operations
Right ,f -Way Routing She,.-...
Nonce General Permit Application
Applicant: KEVIN DONOVAN Permit Number 8501
Appl Number: 21-0521-2M Facilities: WALKWAY, PLAYSET, CANVAS
ROOF TOP ON DOCK, KAYAK
LAUNCH, BOAT. LIFE, (2) JET SKI
Special LIFTS, ELECTRIC & WATER
Category: NGP 1 handling Req: UTILITIES
Canal/Levee: C-23A County: ST. LUCIE
30 Day Deadline: 20-JUN-21
Field Rep
response deadline 04-RM-2021
Processed by: ELIU
Reviewer: MATT
Response
Required by: Friday , June 18,2021
Date Recelved: 21-MAY-2021
Route to:
1. J. Hiaenbaugb
2. Field Station/Inspector/Insp. Supv.: B• CHESSER / M. REICHERT / M. LOPUSHINSKY
3. Real Estate:
4. Environmental (if applicable):
5. Compliance:
6. Engineer (if applicable):
7. Other.
Comments: TRANSFERRED FROM.PEGA TO LAMIS; FEE PAID UNDER PEGA APP 210602-6357
Sec Twp Rge
22 37 . 40
Bolton, Matthew
From: Cueto, Eliu
Sent: Monday, June 28, 20213:47 PM
To: Bolton, Matthew
Cc: Reichert, Michelle; Hixenbaugh, John
Subject: FW: Response to RAI - App. No. 21-0521-2M, Kevin Donovan, C-23A
Attachments: SFWMD RAI packet06232021.pdf; 21-0521-2M KEVIN DONOVAN C-23A.pdf; RAI_
2021-06-21.pdf
Please find attached a response to the RAI for the above -referenced permit application.
IMPORTANT: Pega App 210602-6357 is now Lamis,App. No. 21-0521-2M. Matt is the assigned reviewer. I will be
cancelling the Pega app.
Matt, I've created the PDF file 21-0521-2M KEVIN DON.OVAN C-23A (attached) from all the documents in Pega. Also
attached is John's initial RAI and Mr. Donovan's response. I'll create a folder with these hard copies and place it in your
box.
Let me know should you have any questions.
Eliu Cueto
Information Specialist
Riglit of Way Section
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
3301 Gun Club Road
West Palm Beach, FL'43406
ecueto&fwmd.eov
(561)682-6035
(561) 682-5064 (fax)
IFUTTO
JUM, 2 8.2021.
RIGHT OF WAY..
From: Hixenbaugh, John <1hixenba@sfwmd.gov>
Sent: Thursday, June 24, 202110:51 AM
To: Cueto, Eliu <ecueto@sfwmd.gov>
Cc: Reichert, Michelle <mreicher@sfwmd.gov>; Bolton, Matthew <mbolton@sfwmd.gov>
Subject: FW: Proposed Playset - 12188 Riverbend Lane
Eliu,
Here is Mr. Donovan's response. See my email to him below. We are moving this from a PEGA application to a LAMIS
application. Please reassign to Matt to finalize in LAMIS.
Thanks.
John
1
John R. Hixenbaugh, J.D., AICP CUD
Section Administrator
Right -of -Way Section
For information about Right of Way Occupancy Permits, please visit us at:
www.sfwmd.gov/rowpermits
South Florida Water Management District
3301 Gun Club Road
West Palm Beach, FL 33406
(561) 682-2797 Voice
(561) 682-5096 Facsimile
ihixenba@sfwmd.gov
Florida enjoys a broad public records law. Any emalls sent to or from this address will be subject to review by the public unless exempt by law.
Front: Hixenbaugh, John '
Sent: Thursday, June 24, 202110:50 AM
To: Kevin Donovan <katshot@yaFibo.com>
Subject: RE: Proposed Playset -12188 Riverbend Lane
Good morning, Mr. Donovan.
I am receipt of your response and we will go ahead and get back to work on your permit application. If we need
anything further, we will let you know. Your application is going to be reassigned to another reviewet-,who reports to
me, so you may see a different name on any further emails or communications. But, I will still be available if you have
any questions or wish to speak with me.
By the way, thanks for registering to use our new online permitting. It's only been active for a few months and it was
created by District programmers from scratch. Understandably, we are working out the kinks, but are excited about
making online filing available to our customers. We appreciate your patience.
Best regards,
John
John R. Hixenbaugh, J.D., AICP CUD
Section Administrator
Right -of -Way Section
For information about Right of Way Occupancy Permits, please visit us at:
www.sfwmd.gov/rowperrits
South Florida Water Management District
3301 Gun Club Road
West Palm Beach, FL 33406
2
(561) 682-2797 Voice
(561) 682-5096 Facsimile
ihixenba@sfwmd.�ov
Florida enjoys a broad public records law. Any emails sent to or from this address will be subject to review by the public unless exempt bylaw.
From: Kevin Donovan <katshotPvahoo.com>
Sent: Wednesday, June 23, 20214:15 PM
To: Hixenbaugh, John <ihixenba@sfwmd.aov>
Subject: Re: Proposed Playset -12188 Riverbend Lane
[Please remember, this is an external email]
Mr. Hixenbaugh,
I received your RAI and am trying to submit my documentation vis e-permitting on your website as you requested.
Unfortunately, after setting up my account and logging in, there is no application and/or permit attached to my account so I
cannot submit my documentation. I am therefore attaching the PDF to this email and hopefully it will reach you. If I don not
hear form you in a couple days. I will follow up with. you:
Thank -you for your time,
Sincerely,
Kevin Donovan
12188 Rivetbend Lane
Port St. Lucie, FL. 34984
On Tuesday, June 1, 2021, 04:07:17 PM EDT, Hixenbaugh, John <jhixenba aOsfwmd.gov> wrote:
Good afternoon, Mr. Donovan:
Your application to install a playset on the District's right of way was brought to my attention today.
In looking at your application, the survey shows that you are the underlying property owner and that the District's interest
is only an easement. Given those circumstances, the District will accept the application and process your request to allow
a playset in the right of way. As a matter of policy, the District does not allow playsets on rights of way that are owned
outright by the District because such use represents an unnecessary risk and liability to the District. However, since the
District only holds an easement over your property and does not own it outright, the concern of risk and liability is
mitigated.
I see that the proposed location complies with the minimum 40 foot setback from top of bank.
Thank you for your email response. If there are any questions during the review of your permit application or a need for
any additional information, you will be contacted by the permit reviewer assigned to your application. I hope that this
meets with your satisfaction today.
Best regards,
John
John R. Hixenbaugh, J.D., AICP CUD
Section Administrator
Right -of; -Way Section
For information about Right of Way Occupancy Permits, please visit us at:
www.sfwmd.gov/rowperm its
South Florida Water Management District
3301 Gun Club Road
West Palm Beach, FL 33406
(561) 682-2797 Voice
(561) 682-5096 Facsimile
jhixenbaCE)_sfwmd.gov
Florida enjoys a broad public records taw. Any emails sent to or from this address will be subject to review by the public unless exempt by law.
4
SouTH ftoium WATER MANAGEMENT
NOTICE OF REQUEST FOR -ADDITIONAL INFORMATION (RAI)
APPLICATION FOR RIGHT OF WAY OCCUPANCY PERMIT
* Delivered Via Email
June 21, 2021
Kevin Donovan *
12188 Riverbend Ln
Port Saint Lucie, FL 34984
Subject: Request for Additional Information
Application No. 210602-6357
Canal: NORTH FORK ST LUCIE RIVER
Dear Applicant and/or Agent:
The South Florida Water Management District (District) has completed a review of the above -
referenced application for a Right of Way Occupancy Permit and determined that the following
additional information is required for the application to be deemed as complete in accordance
with Chapter 40E-6, Florida Administrative Code.
1. This application represents a request to modify an existing permit, ROW Permit No. 8501.
No response to this comment is required.
2. An inspection of the property identified other improvements that have been made within the
District's right of way without a ROW Permit. These existing unauthorized improvements
inlcude: a platform dock with steps (kayak launch), electrical service, water service, a
canvas roof top, a boat lift, two (2) jet ski lifts, a paver walkway and a mooring pile. These
facilities are required to be added to the site plan (the paver walkway is already shown on
the site plan) along with the locations and dimensions of the improvements. Please confirm
that all electrical and water services are installed a minimum of two (2) feet below existing
grade and constructed with a cut-off valve/switch in the right of way. [Please note that, upon
receipt of the revised site plan, additional information may be required related to the
improvements].
3. Simple architectural elevations that you may prepare yourself (architectural style elevations
showing what the improvements look like with dimensions and materials) are required. You
may use photos and add dimensions to the printed photographs provided the document is
legible and easy to understand.
4. Please add the overall dimensions (length by height by width) of the proposed playset to the
site plan.
RESPONSE INSTRUCTIONS
3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 666.8800.14300.432-2045 • www4wmd.gov
Application No. 210602-6357
June 21, 2021
Page 2 of 2
The response to this Request for Additional Information (RAI) must be uploaded electronically as
PDF files via ROW e-permitting and include the following:
1. 1 A letter containing numbered responses that correspond to the number for each review
comment mentioned in the RAI; and
2. A complete set of revised 'plans which 'clearly identify the revisions from' the previously
submitted plans. Identification of changes may appear in the form of highlighting, notes within
"clouding" or some other easily recognizable graphic.
In addition, if required by the RAI, you must also submit:
1. Electronically signed and, sealed drawings in compliance with Florida law for such documents.
90-DAY RESPONSE REQUIREMENT
If the requested information is not 'received within 90 days of the date of this communication,
your application may be denied due to lack of response. In addition, if your application was filed
to resolve an enforcement matter for work without District permits and you fail to respond in a
timely manner, the District may take further legal action. If you require longer than 90 days to
respond; please submit a written request for an extension which includes an explanation
describing why an extension is necessary and the date by which you intend to submit a
response.
If the requested information is not received within 90 days of the date of this communication,
your application may be denied due to lack of response. In addition, if your application was filed
to resolve an enforcement matter, for work without District permits and you fail to respond in a
timely manner, the District may take further legal action. If you require longer than 90 days to
respond, please submit a written request for an extension which includes an explanation
3 describing why an, extension is necessary, and the date by which, you intend to submit a
'
response.
Nothing in this communication should be construed as approval of any portion of the application.
This communication serves only as .a request for additional information in order to enable the
District to complete its review.
If you have any questions or wish to schedule a meeting, please contact the reviewer whose
j name appears below.
'Sincerely,
John Hixenbaugh-
Section Administrator
Right of Way Section
Right Of Way (210602-6357,
:Action Dates
:Application Iliformation
:Scope of WOrk
:Payment Details
F.Iw'J- 16.1
0
Review Date
Review By
Cornmehts
Review Status
Ju i 9-PM -,--Swartz,-
Terl',�
This application will not require Section 408 0
Approve
authorization.
6/3/21 9:00 AM
Bianco, Kenneth
Easement 0
Approve
The following existing, facilities are not under permit:
platform dock with steps (kayak I ' auncb), electrical,
619/2110,*01AM
Reichert Michelle
water services, canvas roof top, boat lift, 2jet ski lifts, 0
Reject
paver walkway and mooring pile. These facilities should
be added to drawings.
6/1 W1 2:47 PIVI
John Flixenbaugh
No comments. 0
Approve