HomeMy WebLinkAboutEnviromental ProtectionFile copy.
Florida Department of
Environmental Protection
SOUTHEAST DISTRICT OFFICE
3301 GUN CLUB ROAD, MSC 7210-1
WEST PALM BEACH, FL 33406
561-681-6600
December 10, 2015
Dale and Ann Rise
8403 South Indian River Drive '
Ft. Pierce, FL 34982
Sent via e-mail: annrise@comcast.net
Re: File No.: 56-0159669-002
File Name: Rise, Dale & Ann
Dear Mr. and Mrs. Rise:
Rick Scott
Governor
Carlos Lopez-Cantera
Lt. Governor
Jonathan P. Steverson
Secretary
'yam ---•. ;-..�• „r:®; _:
AUG 0 9
This is to acknowledge receipt of your notice on October 30, 2015, and additional information
received on November 25, 2015, of intent to use a General Permit (GP), pursuant to Rule 62-
330.427, Florida Administrative Code (F.A.C.) to construct a 1,420 sq. ft. single fans ly
observation/fishing pier, comprised of a 10 ft. by 10 ft. (100 sq. ft.) upland approach, a 4 ft. by 290
ft. (1,160 sq. ft.) access walkway, and a 10 ft. by 16 ft. (160 sq. ft.) terminal platform. The project
is located in the Indian River, within the Jensen Beach to Jupiter Inlet Aquatic Preserve,
Outstanding Florida Waters, Class H Waters, adjacent to 8403 South Indian River Drive, Ft. Pierce
(Section 18, Township 36 South, Range 41 East), in St. Lucie County (Latitude N 27° 36' 20.09",
Longitude W 800 16' 26.34").
Your intent to use a general permit 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 ralieve 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.
1. Regulatory Review. — APPROVED
Authority for review- Part IV of Chapter 373, F.S., Title 62, F.A.C. and in accordance with the
operating agreements executed between the Department and the water management districts, as
referenced in Chapter 62-113, F.A.C.
www.deo,state.fl us
File No.: 56-0159669-002
File Name: Rise, Dale & Ann
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 62-330.427, F.A.C. Any
activities performed under a general permit are subject to general conditions required in Rule
62-330.405, F.A.C. (attached), and the specific conditions of -Rule 62-330.427, 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 plisse of the GP must be completed within five years from
the date the notice to 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.
1. 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 18-18, 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 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 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 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. No further application is
required for this consent of use.
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.
2. 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 IV -RI, and a SEPARATE
permit or authorization will not. be required from the Corps. Please note that the Federal
authorization expires on July 25, 2016. You, as permittee, are required to adhere to -all General
Conditions and Special Conditions that may apply to your project." A copy of the SPGP IV-R1
with all terms and conditions and the General Conditions may be found at
hU://www.siLj.usace.army.mil/Divisions/Re ug latorv/sourcebook.htm.
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
File No.: 56-0159669-002
File Name: Rise, Dale & Ann
Page 3 of 5
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 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 Rule 28-
106.201, 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 email address, any facsimile number, and telephone number
of the petitioner; the name, address, and telephone number of the petitioner's
representative, if any, which shall be the address for service purposes during the course of
the proceeding; and an explanation of how the petitioner's substantial interests are or will
be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition
must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts 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.
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
File No.: 56-0159669-002
File Name: Rise, Dale & Ann
Page 4 of 5
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., must 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 of such notice, regardless of the date of publication. The failure to file a petition
within the appropriate time period shall Anstitute 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 parry to it. Any subsequent intervention (in a proceeding
initiated by another parry) 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.
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, before the
applicable 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(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 serval 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.
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 Cindy Lott at the letterhead address or at
File No.: 56-0159669-002
File Name: Rise, Dale & Ann
Page 5 of 5
(772) 467-5560 or by email at cynthia.lott@dep.state.fl.us. When referring to this project, please
use the FDEP file number listed above.
Executed in Palm Beach County, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Monica Sovacool
Environmental Manager
Southeast District
Enclosures:
General Conditions for All General Permits, Ch. 62-330.405, F.A.C.
Specific General Permit Rule, Ch. 62-330.427, 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 IV-Rl
Project Drawings, 5 pages
Copies furnished to:
Cindy Lott, PREP/SED/SRP/Permitting, c3nthia.lott@dep.state.fl.us
Virginia King, FDEP/SED/ERP/C&E, virginia.king@dep.state.fl.us
iaking@dep.state.fl.us
USACOE- Palm Beach Gardens, FDEP-SP@usace.army.mil
Bruce Jerner, Jenner & Associates, Inc., jemer@bellsouth.net (agent)
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies th this determination, including all
copies, was mailed before the close of business on I0 I , to the above listed persons.
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to 120.52(9),
Florida Statutes, with the designated Department
Clerk, receipt of which is hereby acknowledged.
Clerk Date
OCUL US. ERP/Permitting Authorization/ERP 159669Pemdt Fwa!/ERP Notice General-EG/002
ate.,
62-330.405 General Conditions for All General Permits
The following general permit conditions are binding upon the permittee and are enforceable under Chapter 373, F.S. These
conditions do not apply to the general permit in Section 403.814(12), F.S.
(1) The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the
conditions for undertaking that activity shall constitute a violation of the permit and may subject the permittee to enforcement
action and revocation of the permit under Chapter 373, F.S.
(2) This general permit does not eliminate the necessity to obtain any required federal, state, local and special district
authorizations prior to the start of any construction, al'ation, operation, maintenance, removal or abandonment authorized by this
permit.
(3) This general permit does not convey to the permittee or create in the permittee any property right, or any interest in real
property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or
convey any rights or privileges other than those specified in the general permit.
(4) The general permit does not relieve the permittee from liability and penalties when the permitted activity causes harm or
injury to: human health or welfare; animal, plant or aquatic life; or property. It does not allow the permittee to cause pollution that
violates state water quality standards.
(5) Section 253.77, F.S., provides that a person may not commence any excavation, construction, or other activity involving
the use of state-owned or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement
Trust Fund without obtaining the required consent, lease, easement, or other form of authorization authorizing the proposed use.
Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing
activity on state-owned lands.
(6) The authorization to conduct activities under a general permit maybe modified, suspended or revoked in accordance with
Chapter 120, F.S., and Section 373.429, F.S.
(7) This permit shall not be transferred to a third party except pursuant to Rule 62-330.340, F.A.C. The permittee transferring
the general permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to
sale, conveyance, or other transfer of ownership or control of the permitted project, activity, or the real property at which the
permitted project or activity is located.
(8) Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect,
sample and test the permitted system to ensure conformity with the plans and specifications approved by the permit.
(9) The permittee shall maintain any permitted project or activity in accordance with the plans submitted to the Agency and
authorized in this general permit.
(10) A permitee's right to conduct a specific activity under this general permit is authorized for a duration of five years.
(11) 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 implemented and maintained immediately
prior to, during, and after construction as needed to stabilize all disturbed areas, including other measures specified in the permit
to prevent adverse impacts to the water resources and adjacent lands. Erosion and -sediment control measures shall be installed and
maintained 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), available at
www.dep.state fl.ustwater/wetlands/docs/etp/FL.ErosionSedimentManual_6_07.pdf, and the Florida Stormwater Erosion and
Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management
Section, Tallahassee, Florida, July 2008), available at www.dep.state.fl.us/water/nonpoint/docs/erosion/erosion-inspectors-
manual.pdf.
(12) Unless otherwise specified in the general permit, temporary vehicular access within wetlands during construction shall
be performed using vehicles generating minimum ground pressure to minimize rutting and other environmental impacts. Within
forested wetlands, the permittee shall choose alignments that minimize the destruction of mature wetland trees to the greatest extent
practicable. When needed to prevent rutting or soil compaction, access vehicles shall be operated on wooden, composite, metal, or
other non -earthen construction mats. In all cases, access in wetlands shall comply with the following:
(a) Access within forested wetlands shall not include the cutting or clearing of any native wetland tree having a diameter 4
inches or greater at breast height;
(b) The maximum width of the construction access area shall be limited to 15 feet;
(c) All mats shall be removed within 72 hours after the work commences; and
(d) Areas disturbed for access shall be restored to natural grades immediately after the maintenance or repair is completed.
(13) Barges or other work vessels used to conduct in -water activities shallbe operated in a manner that prevents unauthorized
dredging, water quality violations, and damage to submerged aquatic communities.
(14) The construction, alteration, or use of the authorized project shall not adversely impede navigation or create a navigational
hazard in the water body.
(15) Except where specifically authorized in a genCW permit, activities must not:
(a) Impound or obstruct existing water flow, cause adverse impacts to existing surface water storage and conveyance
capabilities, or otherwise cause adverse water quantity or flooding impacts to receiving water and adjacent lands;
(b) Cause an adverse impact to the maintenance of surface or ground water levels or surface water flows established pursuant
to Section 373.042, F.S., or a Works of the District established pursuant to Section 373.086, F.S.; or
(16) 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.
(17) The activity must be capable, based on generally accepted engineering and scientific principles, of being performed and
of functioning as proposed, and must comply with any applicable District special basin and geographic area criteria.
(18) The permittee shall comply with the following when performing work within waters accessible to federally- or state -
listed aquatic species, such as manatees, marine turtles, smalltooth sawfish, and Gulf sturgeon:
(a) All vessels associated with the project shall operate at "Idle Speed/No Wake" at all times while in the work area and where
the draft of the vessels provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water
whenever possible.
(b) All deployed siltation or turbidity barriers shall be properly secured, monitored, and maintained to prevent entanglement
or entrapment of listed species.
(c) All in -water activities, including vessel operation, must be shutdown if a listed species comes within 50 feet of the work
area. Activities shall not resume until the animal(s) has moved beyond a 50-foot radius of the in -water work, or until 30 minutes
elapses since the last sighting within 50 feet. Animals must not be herded away or harassed into leaving. All on -site project
personnel are responsible for observing water -related activities for the presence of listed species.
(d) Any listed species that is killed or injured by work associated with activities performed shall be reported immediately to
the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1(888)404-3922 and ImperiledSpecies@myFWC.com.
(e) Whenever there is a spill or frac-out of drilling fluid into waters accessible to the above species during a directional drilling
operation, the FWC shall be notified at imperiledspecies @myfwc.com. with details of the event within 24 hours following detection
of the spill or frac-out. .
(19) The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities which may arise
by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any activity authorized by the
general permit.
(20) The permittee, shall immediately notify the Agency in writingof any submitted information that is discovered to be
inaccurate.
Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.418, 403.8050) FS.
Law Implemented 373.044, 373.118(1), 373.129, 373.136, 373.406(5), 373.413, 373.4131, 373.414(9), 373.4145, 373.416,
373.422, 373.423, 373.429, 403.814(1) FS. History —New 10-3-95, Amended 10-1-07, Formerly 62-341.215, Amended 10-1-13.
62-330.427 General Permit for Certain Piers and Associated Structures.
(1) A general permit is granted to any person to construct, extend, or remove piers and associated structures as
described below:
(a) Single-family piers, along with boat lifts, boat houses, terminal platforms, and gazebos attached to the pier,
where these structures: .
1. Do not accommodate the mooring of more than two water craft;
2. Do not, together with existing structures, exceed a total area of 2,000 square feet; and
3. Have a minimum depth of two feet below the mean low water level forddal waters and two feet below the
mean annual low water level for non -tidal waters f all areas designed for boat mooring and navigational access; and
(b) Public fishing piers that do not exceed a tofal area of 2,000 square feet provided the structure is designed and
built to discourage boat mooring by elevating the fishing pier to a minimum height of five feet above mean high water
or ordinary high water, surrounding the pier with handrails, and installing and maintaining signs that state `No Boat
Mooring Allowed."
(2) This general permit shall be subject to the following specific conditions:
(a) Construction or extension of the boat house, boat shelter, boat lift, gazebo, boat mooring locations, or terminal
platforms, shall not occur over submerged grassbeds, coral communities or wetlands. However, the access walkway
portion of the pier may traverse these resources provided it is elevated a minimum of five feet above.mean high water
or ordinary high water, contains handrails that are maintained in such a manner as to prevent use of the access
walkways for boat mooring or access, and does not exceed a width of six feet, or a width of four feet in Aquatic
Preserves;
(b) There shall be no living quarters, or other structures enclosed by walls or. doors on all sides;
(c) There shall be no fish cleaning facilities, boat repair facilities or equipment, or fueling facilities on the
structures authorized by this general permit. In addition, no overboard discharges of trash, human or animal waste, or
fuel shall occur from any structures authorized by this general permit; and
(d) This general permit shall not authorize the construction of more than one pier per parcel of land or individual
lot. For the purposes of this general permit, multi -family living complexes shall be treated as one parcel of property
regardless of the legal division of ownership or control of the associated property.
Rulowking Authority 373.026(7), 373.043, 373.118(l), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(i) FS. Law
Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426, 403.814(1) FS. History -New 10-
3-95, Formerly 62-341.427, Amended 10-1-13.
GENERAL CONSENT CONDMONS FOR
USE OF SOVEREIGNTY SUBMERGED LANDS
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.
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.
Attachment A
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF GENERAL PERMIT
File No.: 56-0159669-002
The Department of Environmental Protection gives notice that the project to construct a 1,420 sq. ft. single family
observation/fishing pier, comprised of a 10 ft. by 10 ft. (100 sq. ft.) upland approach, a 4 ft. by 290 ft. (1,160 sq. ft.) access walkway, and
a 10 ft. by 16 ft. (160 sq. fL) terminal platform, has been determined to qualify for a General Permit. The project is located in the Indian
River, within the Jensen Beach to Jupiter Inlet Aquatic Preserve, Outstanding Florida Waters, Class II Waters, adjacent to 8403 South
Indian River Drive, FL Pierce (Section 18, Township 36 South, Range 41 East), in SL Lucie County (Latitude N 270 36' 20.09", Longitude
W 80° 16' 26.34").
A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding
(hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must
be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35,
Tallahassee, Florida 32399-3000.
Mediation is not available.
If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected
by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be permitted only
at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205 of the Florida Administrative Code.
In accordance with rule 62-110.106(3), F.A.C., petitions for an administrative hearing must be filed within 21 days of publication
of the notice or receipt of written notice, whichever occurs first. Under rule 62-110.106(4) of the Florida Administrative Code, a person
whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an
administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of
time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee,
Florida 32399-3000 prior to the applicable deadline. A timely request for extension of time shall toll the running of the time period for
filing a petition until the request is acted upon. Upon motion by the requesting party showing that the failure to file a request for an
extension of time before the deadline was the result of excusable neglect, the Department may also grant the requested extension of time.
The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure
of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that right
A petition that disputes the material facts on which the Department's action is based must contain the following information:
(a) The name and address of each agency affected and each agency's file or identification number, if known;
(b) The name, address, and telephone number of the petitioner, the name, address, and telephone number of the petitioner's
representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the
petitioner's substantial interests are or will be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact If there are none, the petition must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends wan -ant reversal or
modification of the agency's proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's
proposed action; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take
with respect to the agency's proposed action.
A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in
dispute and otherwise shall contain the same information as set forth above, as required by rule 28-106.301.
Under sections 120569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing shall be dismissed by the
agency if the petition does not substantially comply with the above requirements or is untimely filed.
Complete copies of all documents relating to this determination are available for public inspection during normal business hours,
8:00 am. to 5:00 p.m., Monday through Friday, at the Southeast District office, 3301 Gun Club Road, MSC 7210-1, West Palm Beach,
Florida 33406.
GENERAL CONDITIONS FOR FEDERAL AUTHORIZATION FOR SPGP IV-Rl
1. The time limit for completing the work authorized ends on July 25, 2016.
2. You must maintain the activity authorized by this permit in good condition'and in conformance
with the terms and conditions of this permit. You are not relieved of this requirement if you abandon
the permitted activity, although you may make a good faith transfer to a third party in compliance
with General Condition 4 below. Should you wish to cease to maintain the authorized activity or
should you desire to abandon it without tgood faith transfer, you must obtain a modification of this
permit from this office, which may require restoration of the area.
3. N you discover any previously unknown historic or archeological remains while accomplishing the
activity authorized by this permit, you must immediately notify this office of what you have found.
We will initiate the Federal and State coordination required to determine if the remains warrant a
recovery effort or if the site is eligible for listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature and mailing
address of the new owner in the space provided below and forward a copy of the permit to this office
to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with
the conditions specified in the certification as special conditions to this permit.
6. You must allow representatives from this office to inspect the authorized activity_ at any time
deemed necessary to ensure that it is being or has been accomplished in accordance with the terms
and conditions of your permit.
Farther Information:
1. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State, or local authorizations
required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal projects.
2. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any
liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted
activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or. to other permitted or unpermitted activities or structures
caused by the activity authorized by this permit.
d. Design or Construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this
permit.
3. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not
contrary to the public interest was made im�eliance on the information you provided.
4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time
the circumstances warrant. Circumstances that could require a reevaluation include, but are not
limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been
false, incomplete, or inaccurate (see 3 above).
c. Significant new information surfaces which this office did not consider in reaching the
original public interest decision..
5. Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such
as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for
the issuance of an administrative order requiring you comply with the terms and conditions of your
permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office
may in certain situations (such as those specified in 33 CER 209.170) accomplish the corrective
measures by contract or otherwise and bill you for the cost.
6. When the structures or work authorized by this permit are still in existence at the time the property
is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s)
of the property. To validate the transfer of this permit and the associated liabilities associated with
compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE -SIGNATURE) (DATE)
(NAME -PRINTED)
(ADDRESS)
STANDARD MANATEE CONDITIONS FOR IN -WATER WORK
2011
The permittee shall comply with the following conditions intended to protect manatees from direct
project effects:
a. All personnel associated with the project shall be instructed about the presence of
manatees and manatee speed zones, and the need to avoid collisions with and injury to
manatees. The permittee shall advise all construction personnel that there are civil and
criminal penalties for harming, h rassing, or killing manatees which are protected under
the Marine Mammal Protection A, the Endangered Species Act, and the Florida Manatee
Sanctuary Act.
b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake"
at all times while in the immediate area and while in water where the draft of the vessel
provides less than a four -foot clearance from the bottom. All vessels will follow routes of
deep water whenever possible.
c. Siltation or turbidity barriers shall be made of material in which manatees cannot become
entangled, shall be properly secured, and shall be regularly monitored to avoid manatee
entanglement or entrapment. Barriers must not impede manatee movement.
d. All on -site project personnel are responsible for observing water -related activities for the
presence of manatee(s). All in -water operations, including vessels, must be shutdown if a
manatee(s) comes within 50 feet of the operation. Activities will not resume until the
manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30
minutes elapses if the manatee(s) has not reappeared within 50 feet of. the operation.
Animals must not be herded away or harassed into leaving.
e. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline
at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and
Wildlife Service in Jacksonville (1 -904-731 -3336) for north Florida or Vero Beach (1-772-
562-3909) for south Florida, and to FWC at ImperiledSpecies@myFWC.com .
Temporary signs concerning manatees shall be posted prior to and ' during -all in -water
project activities. All signs are to be removed by the permittee upon completion of the
project. Temporary signs that have already been approved for this use by the Florida Fish
and Wildlife Conservation Commission (FWC) must be used (see MyFWC.com/manatee).
One sign which reads Caution: Boaters must be posted. A second sign measuring at least
81/2" by 11" explaining the requirements for `Idle Speed/No Wake" and the shut down of
in -water operations must be posted in a location prominently visible to all personnel
engaged in water -related activities. Questions concerning these signs can be sent to the
email address listed above. _
CAUTION: MANATEE HABITAT
A1.1 project vessels
IDLE SPEED / NO WAKE
When a manatee. is within 50 feet of work
all in -water activities must
SHUT DOWN
Report any collision with or, injury to a manatee:
Wildlife, Alert:
elm 1-888-404-FWCC (3922)
cell * FWC or #FWC
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
263 13th Avenue South
St. Petersburg, FL 33701
SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS
The permittee shall comply with the folio ing protected species construction conditions:
a. The perm ittee shall instruct all personnel associated with the project of the potential presence of
these species and the need to avoid collisions with sea turtles and smalltooth sawfish.' All
construction personnel are responsible for observing water -related activities for the presence of.
these species.
b. The permittee shall advise all construction personnel that there are civil and criminal penalties for
harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the
Endangered Species Act of 1973.
c. Siltation barriers shall be made of material in which a sea turtle or smalltooth- sawfish cannot
become entangled, be properly secured, and be regularly monitored to avoid protected species
entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated
critical habitat without prior agreement from the National Marine Fisheries Service's -Protected
Resources Division, St. Petersburg, Florida.
d. All vessels ' associated with the construction project shall operate at "no wake/idle" speeds at all
times while in the construction area and while in water depths where the draft of the vessel provides
less than a four -foot clearance from the bottom. All vessels will preferentially follow deep -water
routes (e.g., marked channels) whenever possible.
e. If. a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily
construction/dredging operation or vessel movement, all appropriate precautions shall be
implemented to ensure its protection. These precautions shall include cessation of operation of any
moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any
mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is
seen within a 50-ft radius of the equipment. Activities may not resume until the protected species
has departed the project area of its own volition.
f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately
to the National Marine Fisheries Service's Protected Resources Division (727-824-5312) and the
local authorized sea turtle stranding/rescue organization.
g. Any special construction conditions, required of your specific project, outside these general
conditions, if applicable, will be addressed in the primary consultation.
Revised: March 23, 2006
WforniASea Turtle and Smalltooth Sawfish Construction Conditions.doc