HomeMy WebLinkAboutLETTER APPLICATION FOR AN EXEMPTIONjeb Bush
Governor
SEP 2 2 2006
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Liliana J. Hernandez
1330 SE 4`a Avenue, Suite K
Fort Lauderdale, FL 33316
Re: File No.: 56-0269315-001
File Name: Hernandez, Li:
Dear Ms. Hernandez:
)epartment of
mental Protection
Port St. Lucie Branch Office
1801 SE Hillmoor Drive
Suite C-204
Port St. Lucie, FL 34952
(772)398-2806 Fax (772)398-2815
(Lot 111)
4 \-Pn rs lklltes
Colleen M. Castille
Secretary
r
On August 25, 2006, we received your application for an exemption to perform the following activities: 1) construct
a new 120 square foot marginal do& measuring 30' wide by 4' long, 2) repair and replace an 18' wide by 4' long
marginal dock, and 3) install a 12' 1wide by 12.5' long boatlift in the location and configuration shown on the
attached drawings. The projects are to occur in a canal off of the Indian River, Class III Waters of the State, located
adjacent to PCN 4511-810-0118- 00-8, (Lot 111), (Section 11, Township 37 South, Range 41 East), Jensen Beach,
St. Lucie County (Latitude 27' 15' 57.42" N, Longitude 80' 12' 22.79" W).
Your application has been reviewed to determine whether it qualifies for any of three kinds of authorization that
may be necessary for work in wetlands or waters of the United States. The kinds of authorization are (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 may not have qualified(for all three.forms of authorization. If your project did not qualify for one or more of
the authorizations, refer to the Specific section dealing with that authorization for advice on how to obtain it.
1. Regulatory Review. — EXEMPTION VERIFIED
The Department has the auth city to review your project under Part IV of Chapter 373, Florida Statutes (F.S.), Title
62, Florida Administrative Code (F.A.C.), and in accordance with operating agreements executed between the
Department and the water management districts, as referenced in Chapter 62-T13, F.A.C.
Based on the information you submitted, we have determined that your project is exempt from the need to obtain a
DEP Environmental Resource Permit under Rule 40E-4.051(3)(c) and (3)(d), F.A.C.
2. Proprietary Review (related to state-owned lands). --NOT REQUIRED
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 your project underiChapters 253 and 258, F.S., Chapters 18-20 and 18-21, F.A.C., and Section 62-343.075,
F.A.C.
Your project will not occur on sovereign submerged land: Therefore, pursuant to Chapter 253.77, F.S.,
authorization from the Board of Trustees is not required.
Federal authorization fo'r the proposed project is reviewed b DEP pursuant to an agreement between the
Department and the U.S. Army Corps of Engineers (Corps). The agreement is outlined in a document titled
Coordination Agreement Between the U.S. Army Corps of Engineers and the Florida Department of Environmental
Printed on recycled paper.
I /
I
File Name: Hernandez, Liliana (Lot 111)
FDEP File No.: 56-0269315-001
Page 2
Protection State Programmatic General
the Clean Water Act.
Section 10 of the Rivers and Harbor Act of 1899 and Section 404 of
Your project has been reviewed for compliance�with a State Programmatic General Permit (SPGP). As shown on
the attached drawings, the proposed project is consistent with the SPGP program. The attached Corps general
conditions apply to your project. No further permmitting for this activity is required by the Corps.
The determinations in this letter are based solely on the information provided to the Department and on the statutes
and rules in effect when the application was submitted. The determinations are effective only for the specific
activity proposed. These determinations shall automatically expire if site conditions materially change or if the
governing statutes or rules are amended. In addition, any substantial modifications in your plans should be
submitted to the Department for review, as changes may result in a permit being required. In any event, this
determination shall expire after one year.
This letter does not relieve you from the responsibility of obtaining other permits (federal, state, or local) that may
be required for the project.
I
NOTICE OF RIGHTS OF SUBSTANTIALLY AFFECTED PERSONS
This letter acknowledges that the proposed activity is exempt from ERP permitting requirements under Rule 40E-
4.051(3)(c) and (3)(d), F.A.C. This determination is final and effective on the date filed with the Clerk of the
Department unless a sufficient petition for an administrative hearing is timely filed under sections 120.569 and
120.57 of the Florida Statutes as provided below. If a sufficient petition for an administrative hearing is timely filed,
this determination automatically becomes only proposed agency action subject to the result of the administrative
review process. Therefore, on the filing of a timely and "sufficient petition, this action will not be final and effective
until further order of the Department. The procedures for petitioning for a hearing are set forth in the attached
notice.
This determination is based on the information you provided the Department and the statutes and rules in effect
when the application was submitted and is effective only for the specific activity proposed: This determination shall
automatically expire if site conditions materially change or the governing statutes or rules are amended. In addition,
any substantial modifications in your plans should be submitted to the Department for review, as changes may result
in a permit being required. In any event, this determinationshallexpire after one year.
Be advised that your neighbors and other parties who may, be substantially affected by the proposed activity allowed
under this determination of exemption have a right to request an administrative hearing on the Department's
decision that the proposed activity qualifies for this exemption. Because the administrative hearing process is
designed to redetermine final agency action on the application, the filing of a petition for an administrative hearing
may result in a final determination that the proposed activity is not authorized under the exemption established under
Rule 40E-4.051(3)(c) and (3)(d), F.A.C.
The Department will not publish notice of this determination. Publication of this notice by you is optional and is not
required for you to proceed. However, in the event that an administrative hearing is held and the Department's
determination is reversed, proceeding with the proposed activity before the time period for requesting an
administrative hearing has expired would mean that the activity Was conducted without the required permit.
If you wish to limit the time within which all substantially affected persons may request an administrative hearing,
you may elect to publish, at your own expense, the enclosed notice (Attachment A) in the legal advertisement
section of a newspaper of general circulation •iri the count —where the activity is to take place. A single publication
will suffice.
II `? Ley
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. 9
File Name: Hernandez, Liliana (Lot 111
FDEP File No.: 56-0269315-001
Page 3
If you wish to limit the time within whic
provide such person(s), by certified mail
Any specific person(s) may request an administrative hearing, you may
a copy of this determination, including Attachment A.
For the purposes of publication, a newspaper of general circulation means a newspaper meeting the requirements of
sections 50.011 and 50.031 of the Florida Statutes. In the event you do publish this notice, within seven days of
publication, you must provide to the following address proof of publication issued by the newspaper as provided in
section 50.051 of the Florida Statutes. If you provide direct written notice to any person as noted above, you must
provide to the following address a copy of the direct written notice.
Florida Department of Environmental Protection
Southeast District Branch Office
Submerged Lands & Environn�ental Resources Program
1801 SE Hillmbor Dr., Suite C-204
Port St. Lucie, Fl 34952 1
If you have any questions, please contact Jason Storrs at (772)398-2806 or at Jason.Storrs@dep.state.fl.us. When
referring to your project, please use theIFDEP file name and number listed above.
Eric M. Shea D
Environmental Supervisor
Florida Department of Environmental
Southeast District Branch Office
EMS/jss
Enclosures: Federal Manatee Cond
Attachment A- Notice
cc: USACOE — Palm Beach
Federal General Conditions for SPGP III-R1 and Transfer Request
ermination of Qualification for Exemption
s ErieG.Retisch@saiO2.usace.army.mil [without enclosures]
Attachment A
DEP
STATE OF FLORIDA File No.: 56-0269315-001
I4ENT OF ENVIRONMENTAL PROTECTION
E OF DETERMINATION OF EXEMPTION
The Department of Environmental Protection gives notice that to 1) construct a new 120 square foot marginal dock
measuring 30' wide by 4' long, 2) repair and replace an 18' wide by 4' long marginal dock, and 3) install a 12' wide by 12.5'
long boatlift in the location and configuration shown on the attached drawings has been determined to be exempt from
requirements to obtain an environmental resource permit. The projects are to occur in a canal off of the Indian River, Class III
Waters of the State, located adjacent to PCN 451 1-$ 10-0118-000-8, (Lot 111), (Section 11, Township 37 South, Range 41 East),
Jensen Beach, St. Lucie County (Latitude 27' 15' 5p.42" N, Longitude 80' 12' 22.79" W).
A person whose substantial interests are affected by the Department's action may petition for an administrative
proceeding (hearing) under sections 120.569 and 126.57 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 off cer upon the filing of a motion in compliance with rule 28-106.205 of the
Florida Administrative Code.
In accordance with rule - I 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 rllquested 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 lich the Department's action is based must contain the following
information: I
(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 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; 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 120.569(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 of exemption are available for public inspection during
normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, at the Southeast District Branch Office, 1801 Hillmoor
Drive Suite C-204, Port St. Lucie, Florida.
GENERAL CONDITIONS FOR FEDERAL AUTHORIZATION FOR SPGP III-R1
General Conditions
1. The time limit for completing the wori authorized ends on December 17, 2006.
2. You must maintain the activity author{zed by this permit in good condition and in conformance with the terms
and conditions of this permit. You are n t relieved of this requirement if you abandon the permitted activity,
although you may make a good faith tranfer to a third party in compliance with General Condition 4 below. Should
you wish to cease to maintain the authorised activity or should you desire to abandon it without a good faith transfer,
you must obtain a modification of this pe mit from this office, which may require restoration of the area.
3. If 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 Hisioric Places.
4. If you sell the property associated wi I this permit, you must obtain the signature and mailing address of the new
owner in the space provided below and f�rward a copy of the permit to this office to validate the transfer of this
authorization.
5. You must allow representatives from
ensure that it is being or has been accon
Further Information:
1. Limits -of this authorization.
a. This permit does not obviate the nE
b. This permit does not grant any pro
c. This permit does not authorize any
d. This permit does not authorize inte
2. Limits of Federal Liability. In issuin
following:
office to inspect the authorized activity at any time deemed necessary to
hed in accordance with the terms and conditions of your permit.
to obtain other Federal, State, or local authorizations required by law.
rights or exclusive privileges.
ury to the property or rights of others.
with any existing or proposed Federal projects.
this permit, the Federal Government does not assume any liability for the
a. Damages to the permitted project of 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 in reliance on the information you provided.
4. Reevaluation of Permit Decision: This c
circumstances warrant. Circumstances that
a. You fail to comply with the terms and
b. The information provided by you in si
or inaccurate (see 3 above).
c. Significant new information surfaces_
decision. .
may reevaluate its decision on this permit at any time the
require a reevaluation include, but are not limited to, the following:
of this permit.
of your permit application proves to have been false, incomplete,
this office did not consider in reaching the original public interest
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 3 F 5.7 or enforcement procedures 'such as those contained in 33 CFR
32.6.4 and 326.5. The referenced enforcementprocedures 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 alny 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 CFR 209.170)
accomplish the corrective measures by contra t or otherwise and bill you for the cost.
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 c6ntini�e 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)
(NAME -PRINTED)
(ADDRESS)
(DATE)
t' P'l .rq ..�... t� A g
Manatee Conditions for Federal Aut
1. The permittee shall instruct all personnel
avoid collisions with manatees. All cons
presence of manatee(s).
ed with the project of the.potential presence of manatees and the need to
personnel are responsible for observing water -related activities for the
2. The permittee shall advise all construction ' ersonnel that there are civil and criminal penalties for harming, harassing, or
killing manatees which are protected underthe Marine Mammal Protection Act of 1972, the Endangered Species Act of
1973, and the Florida Manatee Sanctuary Act of 1978. The permittee and/or contractor may be held responsible for any
manatee harmed, harassed, or killed as a re.6ult of construction activities.
3. Siltation barriers shall be installed and -shalt be made of material in which manatees cannot become entangled, shall be�
properly secured, and shall be monitored regularly to avoid manatee entrapment. Barriers shall not block manatee entry to
or exit from essential habitat.
4. All vessels associated with the project shah operate at "no wake/idle" speeds at all times while in water where the draft of
the vessel provides less than four feet cle ance from the bottom and that vessels shall follow routes of deep water
whenever possible.
5. If a manatee is sighted within 100 yards o�the project area, all appropriate precautions shall be implemented by the
permittee/contractor to ensure protection o the manatee. These precautions shall include the operation of all moving
equipment no closer than 50 feet of a manatee. Operation of any equipment closer than 50 feet to a manatee shall
necessitate immediate shutdown of that equipment. Activities will not resume until the manatee(s) has departed the project
area of its own volition.
6. Any collision with and/or injury to a manatee shall be reported immediately to the "Manatee Hotline" at 1-888-404-FWCC
(1-888-404-3922). Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Vero
Beach (1-772-562-3909) in south Florida.
7. Temporary signs concerning manatees shall be posted prior to and during construction/dredging activities. All signs are to
be removed by the lessee/grantee upon co{npletion of the project. A sign measuring at least 3 feet by 4 feet which reads
Caution: Manatee Area will be posted in a location prominently visible to water related construction crews. A second sign
should be posted if vessels are associated Iwith the construction, and should be placed visible to the vessel operator. The
second sign should be at least 8 1/2 inches by 11 inches which reads:
Caution: Manatee Habitat. Idle speed is required if operating a vessel in the construction area. All equipment must
be shutdown if a manatee comes within 50 feet of the operation. A collision with and/or injury to a manatee shall be
reported immediately to the Florida Marine Patrol at 1-888-404-FWCC (1-888-404-3922) and the U.S. Fish and
Wildlife Service at (1-772-562-3909) for south Florida.
aagnt Lucie County, Fl®n.,�la
Property Appraiser's - Internet Mapping Print Service
http://www.paslc.org/StlPrintnew.asp?Cmd=SIZE&Se1Cmd=&MapWidth=490&MapHeit ;1i..: 9/8/2006