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HomeMy WebLinkAboutPROJECT INFORMATIONC . �yo Form U0941 08/95 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE NOTICED PERMIT NO.56.03262-P40 DATE ISSUED:September27, 2013 PERMITTEE: STANDARD PACIFIC OF FLORIDA GP,INC; 825 CORAL RIDGE DR CORAL SPRINGS, FL 33071 OWNED p NE try St LUrip. On —NI PROJECT DESCRIPTION: Construction of a 672 square foot dock serving a single family residence on Lot 19 of the Riverbend Community. The dock's configuration and location are attached as Exhibit 2.0. The project qualifies for a Letter of Consent pursuant to Section 18-. 21.005(1)(c)l and is subject to the attached General Conditions and Authorizations. PROJECT LOCATION: ST LUCIE COUNTY, SEC 25' TWP 37S RGE 40E PERMIT Five years from the date issued to complete construction of the surface water DURATION: management system�as authorized herein. Pursuant to Rule 40E-4.321, Florida Administrative Code.' This is to notify you of the District's agency action concerning Notice of Intent for Permit Application No. 130816-12, dated August 16, 2013. This action is taken pursuant to Rule 40E-1,603 and Chapter 40E-40 and 40E-400, Florida Administrative Code (F.A.C.). Based on the information provided, District rules have been adhered to and an Environmental Resource Permit is in effect for this project subject to: 1. Not receiving a filed request for a Chapter 120, Florida Statutes, administrative hearing. 2. the attached 13 General Conditions (See Pages: 2 - 3 of 5), 3. the attached General Conditions for Authorizations for Use of Sovereign Submerged Lands (See Pages : 4 - 4 of 5). 4, the attached 6 Specific Conditions in section 4UE-400:427 (See Pages: 5-- 5 of 5) and 5. the attached 3 Exhibil(s) Should you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights," we will assume that you concur with the District's action. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a "Notice of Rights" has been mailed to the Permittee (and the persons listed in the attached distribution list) no later tha� 5:00 p.m. on this 27th day of September, 2013, in accordance with Section 120.60 , Flo da Statutes. BY; " Barbara J. Conmy Section Leader Martin / St Lucie Regulatory Office Page 1 of 5 Application No.: 130816-12 Page 2 of 5 GENERAL CONDITIONS 1 • The terms, conditions, requirements, limitations, and restrictions set forth in this section are general permit conditions, and shall. be applicable to, and are binding upon the permittee for all No Notice and Noticed General Permits in this Chapter. These conditions are enforceable under Part IV of Chapter 373, F.S.. 2. 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. A violation of the permit is a suspension or revocation of the permittee's right to conduct such activity under the general permit. The District may begin legal proceedings seeking penalties or other remedies as provided by law for any violation of these conditions. 3• 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, alteration, operation, maintenance, removal or abandonment authorized by this permit. 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 and this Chapter. 4. This 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 in contravention of Florida statutes and District rules. 5. The permittee is hereby advised that Section 253.77, F.S., states that a person may not commence any excavation, construction, or other activity involving the use of sovereign 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 lease, license, easement, or other form of consent authori2ing the proposed use. Therefore, the permitee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state owned lands. 6• The general permit may be modified, suspended or revoked in raccordance with Chapter 120, and Section 373.429, F.S. 7• This permit shall not be transferred to a third party except pursuant to Section 40E-4.351, 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 system or the real property at which the permitted system is located. 8. Upon reasonable notice'to the permittee, District staff with proper identification shall have permission to enter, inspect, sample and test the permitted system to insure conformity with the plans and specifications approved by the permit. e• The permittee shall maintain any permitted system in accordance with the plans submitted to the District. 10. A permittee's right to conduct a specific noticed activity under this noticed general permit is authorized for a duration of 5 years. 11. Construction, alteration, operation, maintenance, removal and abandonment approved by this general permit shall be conducted in a manner which does not cause violations of State water quality standards, Including any antidegradation provisions of Section 62-4.242(1)(a) and (b), 62-4.242(2) and (3), and 62- 302.300, F.A.C., and any special standards for outstanding Florida waters and outstanding national resource waters. The permittee shall implement best management practices for erosion, turbidity, and other pollution control to prevent violation of the State water quality standards. Temporary erosion control J Application No.: 130816-12 Page 3 of 5 GENERAL CONDITIONS measures such as sodding, and seeding shall be implemented and shall be maintained on all erodible ground areas prior to and during construction. Permanent erosion control measures such as sodding and planting of wetland "species shall be .completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into wetlands and other surface waters exists due to the permitted activity. Turbidity barriers shall remain in place and shall be maintained in a functional condition at all locations until construction is completed and soils are stabilized and vegetation has been established. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 12. The permittee shall hold and save the District 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 system authorized by the general permit. 13. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. Application No.: 130816-12 -- Page 4 of 5 GENERAL CONDITIONS FOR AUTHORIZATIONS FOR USE OF SOVEREIGN SUBMERGED LANDS Project No. 130816-12 Chapter 18-21.004(7), F.A.C., provides that all authorizations granted by rule or in writing under Rule 18-21.005, F.A.C., except those for aquaculture activities and 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 Chapter 258, Part II, F.S. Chapter 18-21.004(7), F.A.C., General Conditions for Authorizations: (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 column, 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. (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. (f) 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 courts 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)(g), F.A.C., or any other applicable law, Application No.: 130816-12 Page 5 of 5 SPECIFIC CONDITIONS 40E-400.427 General Permit for Certain Piers and Associated Structures. 1. Construction or extension of the boathouse, boat shelter, boat lift, gazebo, or terminal platforms shall not occur over submerged grassbeds, coral communities, or wetlands. In addition, the boat mooring location shall not be 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 5 feet above mean high water or ordinary water, contains handrails that are maintained in sucha manner as to prevent use of the access walkways for boat mooring .or access, and does not exceed a width of 6 feet, or a width of 4 feet in aquatic preserves. 2. There shall be no wet bars or living quarters over wetlands or other surface waters or on the pier, and no structure authorized by this general permit shall be enclosed by walls or doors. 3. The structure and its use shall not significantly,impede navigability in the water body. 4. There -shall be no dredging or filling associated with construction of the structures authorized herein,, other than that required for installation of the actual pilings for the pier, boat shelter, gazebo, or terminal platform. 5. 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. 6. 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, multifamily living complexes shall be treated as one parcel of property regardless of the legal division of ownership of the associated property.