HomeMy WebLinkAboutEnvironmental Protectiona Qepart� rp
lorida Department of
�o Environmental Protection
SOUTHEAST DISTRICT OFFICE
3301 GUN CLUB ROAD, MSC 7210-1
�"o� oi"4 WEST PALM BEACH, FL 33406
Mental p� THESE PLANS AND ALL86§00
1ARE SUBJECT TO ANY CORREC 19K #5
August 22, 201
Terry Heizler
6401 S. Indian I
Fort Pierce, FL
Sent via e-mail:
Re: File No.
File Na
Dear Mr.
This is to acla
pursuant to Ru
to perform the
the end of an
access; and (3)
Beach to Jupite
6401 S. Indian
(Latitude N 27
Rick Scott
Governor
Carlos Lopez-Cantera
Lt. Governor
Noah Valenstein
m
REQUIRED BY FIELD INSPECTORS THAT Z- ;?-; '..
MAY BE NECESSARY IN ORDER TO
COMPLY WITH ALL APPLICABLE AA®€§: rW
[AIN, SET BACK EEC.
FRONT C
Liver Drive SIDES
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David@showcasedesignerhomes.com CNR SIDES U. O
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56-0160818-002 003-EE, 004-EG NO — 2
e: Hei,1PNCEALb FASTENERS OR ATTACHME
I ARE THE RESPONSIBILITY OF THE Tic . 1 \
r: CONTRACTOR OF RECORD �.; �, ,
?wledge receipt of your notice August 1, 2017 to use a General Permit (GP),
62-330.475, Florida Administrative Code (F.A.C.) and verification of exemption
Iallowing activities: (1) install an 8-ft. by 20-ft. (160 ft2 total) terminal platform at
Kisting dock access; (2) replace an existing 4-ft. by 175-ft. (700 ft2 total) dock,
nstall an upland deck. The project is located in the Indian River, within the Jensen
Inlet Aquatic Preserve, Outstanding Florida Waters, Class III Waters, adjacent to
iver Drive (Section 12, Township 36 South, Range 40 East), in Saint Lucie County
21' 51.78", Longitude W 800 17' 11.66").
Your intent to thse a general permit and verification of exemption has been reviewed by Department
staff for three types of authorizations: (1) regulatory authorization, (2) proprietary authorization
(related to state-owned submerged lands), and (3) federal authorization. The authority for review
and the outcomes of the reviews are listed below. Please read each section carefully.
Your project qualifies for all three authorizations. 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.
1. Regulatory Review. — APPROVED & VERIFIED & NOT REQUIRED
Based on the information you submitted, we have determined that the upland deck installation
portion of ydur project is not within the jurisdiction of the Department, pursuant to Chapter 373,
Florida Statutes (F.S.), because all of the construction will take place on uplands. Therefore, no
further authorization for the deck installation is required.
Based on t},I information submitted, the Department has verified that replacement of the existing
dock access as proposed is exempt under Chapter 62-330.051, (5)(b), Florida Administrative Code,
from the n led to obtain a regulatory permit under part IV of Chapter 373 of the � o�rid�® 3teTs.
www.dep.state.fl.us
File No.: 56-0160818-00 ,003-EE, 004-EG
File Name: Heizler
Page 2 of 5
Based on the forms, drawings, and documents submitted with your notice, it appears that the
project meets the requirements for the General Permit under Rule 62-330.475, F.A.C. Any
activities performed under a general permit are subject to general conditions required in Rule
62-330.405, F.A.C.I(attached), and the specific conditions of Rule 62-330.475, F.A.C. (attached).
Any deviations from these conditions may subject the permittee to enforcement action and possible
penalties.
Please be advised that the construction phase of the GP must be completed within five years from
the date the notice io use the GP was received by the Department. If you wish to continue this GP
beyond the expiration date, you must notify the Department at least 30 days before its expiration.
2. Proprietary Review — GRANTED
The Department a6ts as staff to the Board of Trustees of the Internal Improvement Trust Fund
(Board of Trustee) and issues certain authorizations for the use of sovereign submerged lands.
The Department Pas the authority to review activities on sovereign - submerged lands under
Chapters 253 and R58 of the Florida Statutes, and Chapters 18-18, 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 ri it exempt from the need to obtain the applicable proprietary authorization. As
staff to the Boardl of Trustees, the Department has reviewed the activity described above, and has
determined that the activity qualifies for a Letter of Consent under rule 18-21.005(1)(c), F.A.C.
and section 253.77 of the Florida Statutes to construct and use the activity on the specified
sovereign subme ged lands, as long as the work performed is located within the boundaries as
described herein and is consistent with the terms and conditions herein. No further application is
required for this , onsent of use.
During the term) of this Letter of Consent you shall maintain satisfactory evidence of sufficient
upland interest 1s required by paragraph 18-21.004(3)(b), Florida Administrative Code. If such
interest is termi ated 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.
3. Federal Review — SPGP APPROVED
Your proposed activity as outlined on your application and attached drawings qualifies for Federal
authorization pursuant to the State Programmatic General Permit V, and a separate permit or
authorization will not be required from the Corps. Please note that the Federal authorization expires
on July 26, 2021. You, as permittee, are required to adhere to all General Conditions and Special
conditions thatl may apply to your project." A copy of the SPGP V with all terms and conditions
and the General Conditions may be found at
File No.: 56-0160818-00 ,003-EE, 004-EG
File Name: Heizler
Page 3 of 5
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 general permit. 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
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 filing of a timely and sufficient petition, this action will not
be final and effective until further 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 whoselsubstantial 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 Rule 28 -
106.201, F.A.C. 1 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 email address, any facsimile number, and telephone number
of the I petitioner; the name, address, and telephone number of the petitioner's
representative, if any, which shall be the address for service purposes during the course of
the proceeding; and an explanation of how the petitioner's substantial interests are or will
be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition
must s , indicate;
(e) I 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) I 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) I 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.
{
File No.: 56-016081
File Name: Heizler
Page 4 of 5
Also, a copy of the
time of filing.
004-EG
ition shall be mailed to the applicant at the address indicated above at the
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant must be (filed within 21 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., ��ust be filed within 21 days of publication of the notice or within 21 days of
receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any
person who has asked the Department for notice of agency action may file a petition within 21
days of receipt oflsuch notice, regardless of the date of publication. 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.
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, before the
applicable deaoline 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. I
Mediation
Mediation is not available in this proceeding.
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 Sectio 1 373114(1) or 373.4275, F.S. Requests for review before the Land and Water
Adjudicatory�ComQssion 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 Rules 9.110 and 9.190,
Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General
Counsel, 3900 Commonwealth Boulevard, M.S. 35, 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 of Appeal must be filed within 30 days from the date this
action is filed with the Clerk of the Department.
1
File No.: 56-0160818-002,003-EE, 004;EG
File Name: Heizler I
Page 5 of 5
If you revise your project after submitting the initial joint application, please contact us as soon as
possible. Also, if you have any questions, please contact Rachel Hickey at the letterhead address
or at (561) 681-674i6 or by email at Rachel.Hickey@den.state.fl.us. When referring to this project,
please use the FDEP file number listed above.
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
�&d
Rachel Hickey
Environmental Specialist II
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 — Monica{ Sovacool, Rachel Hickey, Irene Arpayoglou
Bruce Jerner, Jerner & Associates, Inc., jerner@bellsouth.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.
4, —
August 22, 2017
Clerk Date
Enclosures:
General Conditions for All General Permits, Ch. 62-330.405, F.A.C.
Specific General Permit Rule, Ch. 62-330.475, F.A.C.
General Consent Conditions for the use of Sovereignty Submerged Lands
Attachment A�- Newspaper Publication Notice
General Conditions for the use of the Federal SPGP V
Project Drawings, 7 pages
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HEIZLER
6401 S. INDIAN RIVER DRIVE
FORT PIERCE
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erner & Associates, Inc. SHEET 1
Marine & Environmental Consulting Date: 6119117
-- 2537 SE Alfonso Ave. Port St. Lucie,FL34952
1 Ph.(772)283-2950
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RESOURCE SURVEY PERFORMED
BY BRUCE JERNER ON 6115117.
TOTAL DOCK AREA = 860 SQ FT
REPLACE
OF z1v
-4'
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4 Permit Numb
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56-0160818-002,003-
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HEIZLER
6401 S. INDIAN RIVER DRIVE
FORT PIERCE
INDIAN RIVER LAGOON
i"=30'
Jerner &Associates, Inc.
Marine & Environmental Consulting Date: 6119117
2537 SE Alfonso Ave, Port St. Lucie, FL34952
Ph.(772)283-2950
JERNER@BELLSOUTH.NET
SHEET 3
Pile Wrap
Dock Access and
Terminal Platform
Section Thru
ROPE HANDRAIL AROUND
DOCK PERIMITER
Galv. Or S.S.
* Varies_
I
2"x 6" SYP,.40 ACQ
Decking #1 Grade w112" plank spacing.
2"x 8" P. T. SYP, .40
ACQ treated stringers tobe buttjointed, butt
........................................ ......MHI[V.._..._..._ joints to be staggered.
2" x 8" P. T. SYP, .40
MLW.._...__......._ ACQ treated bents
Pilings jetted to a minimum depth of Wand as
necessary to provide adequate bearing and stability
HEIZLER
6401 S. INDIAN RIVER DRIVE
FORT PIERCE
Min. 8" Dia. 2.5
CCA treated piles
Dock Access and
Terminal Platform
Plan View , i ° F E �► `l* o
* vari s
rnit Number
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Stringers 24" O. C:
Center Stringer(s) toe Nailed w SS
Ring Shank Nails, Outside
Stringers Face Nailed ,--
Jerner & Associates, Inc.
P, 1 Marine & Environmental Consulting
—�� 2537SEAIjonsoAvc Port St. Lucie,FL34952
I Pk(772)283-2950
,t_4- �f JERNEMBELLSOUTH.NET
SHEET 4
Date: 6119117
DOCK DETAILS
Terminus Section Thru
'E HANDRAIL AROUND
DOCK PERIMITER
All Bolts 518"
S. S. or HDG '
8'
5' j
r. "x 40 CCA
O or Re
lap p�c8
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}............................................... F._ ._._....._..
2 x8, SYP,. C
..'......._........................................ _'.. ....... ...,... orACQ treated be s
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4 Permit Number a
Terminus Plan View
56-0160818-002,003-EE, 004- � i....... ; F
EG Stringers
D[a. C 16" O.C.
p Southeast
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Pilings jetted to a minimum depth of W ai
necessary to provide adequate bearing and
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HEIZLER
6401 S. INDIAN RIVER DRIVE
FORT PIERCE
Center Stringer(s) toe Nailed w SS
7 Ring Shank Nails, Outside
�y Stringers Face Nailed
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A-1
jerner&Associates, Inc.
Marine &Environmental Consulting
2537SEAlfonsoAve. Port St. Lucie, FL34952
Pk(772)283-2950
rsy� jERNER@BELLSOUTH.NET
10' O.C. Max.
Each Way
Grated Decking Secured with #10
Pan head S.S. Screws 2 Per
Stringer )
SHEET 5
Date: 6119117
TERMINUS
DETAILS
0
FASTENED W 3" SS --
DECKING SCREWS 2/ PILE
pF EN�,l�o
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4 �
GRADE 4 Permit Number
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GUARD DETAILS FOR OVERLAND
APPROACH & DECK WHERE
ELEVATED > 30" ABOVE GRADE
HEIZLER
6401 S. INDIAN RIVER DRIVE
FORT PIERCE
2"X 6" TOP RAILS FASTENED to
VERTICAL 2"X 6" W 3", #3 SS
DECK SCREWS 16" OC
3 %" SPACING
Jerner & Associates, Inc.
Marine & Environmental Consulting
2537SE Alfonso Ave. Port St. Lucie,FL34952
I ilk
Ph(772)283-2950
JERNER@BELLSOLITH.NET
2"X 8" STRINGERS
Date: 6119117
Z
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SHEET 7