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HomeMy WebLinkAboutENVIRONMENTAL PROTECTIONo�aa Oepart,h� � c o �e h�ental pro une 7,: 20 f 7 Florida Department of Environmental Protection SOUTHEAST DISTRICT OFFICE 3301 GUN CLUB ROAD, MSC 7210-1 WEST PALM BEACH, FL 33406 I561-681-6600 i Barry Janeway 320 SE Naranja Avenue Port Saint Lucie, FL 34983 Sent via e-mail: barrv.ianeN Re: File No.: 56-0351797-001,( File Name: Janeway, Barry Dear Mr. Janeway: SIDES 011Z� REAR zn!r. , `TMH Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Ryan E. Matthews Interim Secretary On February 27, 2017, we received your application and on June 5, 2017, the application was complete for an exemption to perform the following activities: (1) construct a 50-linear foot seawall; and (2) maintenance dredge 74 cubic yards of material from a 400 ft2 area of an artificial canal to a maximum dredge depth of -4i feet below mean low water. The projects are located in an artificial canal off of the North Fork of St. Lucie River, Class III Waters, adjacent to 320 SE Naranja Avenue, Port Saint Lucie (Seciions 28, Township 36 South, Range 40 East), in St. Lucie County (Latitude N 27' 19' 1.51", Longitude W 80' 20' 18.20"). Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal approval that may be necessary for work in wetlands or waters of the United States. Your project qualifies for all three. However, this letter does not relieve you from the responsibility of obtaining other federal, state, or local authorizations that may be required for the activity. 1. Regulatory Review — VERIFIED Based on the information submitted, the Department has verified that the activities as proposed are exempt, under Chapter 62-330.051(12)(a) and (7)(a), Florida Administrative Code, from the need to obtain a regulatory permit under part IV of Chapter 373 of the Florida Statutes. This exemption verification is based on the information you provided the Department and the statutes and rules in effect when the information was submitted. i his-verif cation wi11-expire-after one yea and will not be valid at any other time if site conditions materially change, e p or jectV, File No.: 56-0351797-001,002-EE File Name: Janeway, Barry Page 2 of 5 esi—g li�sA'mo r ie. , or the statutes or rules governing the exempt activity are amended. However, the activity may still be conducted without further notification to or verification from the Department after the one-year expiration of this verification, provided: 1) the project design does not change; 2) site conditions do not mate,�rially change; and 3) there are no changes to the statutes or rules governing the exempt activity. Inn the event you need to re -verify the exempt status for the activity after the one-year expiration of this verification, a new application and verification fee will be required. Any substantial modifications to the project design should be submitted to the Department for review, as changes may result in a permit being required. Conditions of compliance with the regulatory exemption are contained in Attachment A. i i 2. Proprietary Review — NOT REQUIRED The activity does not appear to be located on sovereign submerged lands, and does not require further authorization under chapter 253 of the Florida Statutes, or chapters 18-20 or 18-21 of the Florida Administrative Code. 3. Federal Review — SPGP APPROVED Your proposed activity as outlined on your application and attached drawings qualifies for Federal authorization pursuant to the State Pro,'grammatic 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 that may apply to your project." A copy of the SPGP V with all terms and conditions and the General Conditions may be found at http://www.saj.usace.army.mil/Portals/4!4/docs/re u�ry/soureebook/permitting/ e� nerat permits /SPGP/SPGPV-Permit%20Instrument-Complete.pdf?ver--2016-07-27-071925-25 0. 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. I Additional Information Please retain this letter. The activities may be inspected by authorized state personnel in the future to insure 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 filing of a petition means that the Department's final action may be different from the position taken by it in this notice. File No.: 56-0351797-001,002-EE File Name: Janeway, Barry Page 3 of 5 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 jsought 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 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 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. 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. File No.: 56-0351797-001,002-EE File Name: Janeway, Barry Page 4 of 5 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 373.4275,1 F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed, with the Secretary of the Commission and served on the Department within 20 days from the date when the order is filed with the Clerk of the Department. Judicial Review Any party to this action has the right toi 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. Thank you for applying to the Submergl d Lands and Environmental Resource Permit Program. If you have any questions regarding thislmatter, please contact Sophie Dimitrova at the letterhead address or at (561) 681-6634 or by email at Sophie.Dimitrova@dep.state.fl.us Executed in West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Sophie Dimitrova Environmental Specialist II Southeast District File No.: 56-0351797-001,002-EE File Name: Janeway, Barry Page 5 of 5 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, Sophie Dimitrova FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 1120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. / I GC June 7, 2017 e Date Enclosures: Attachment A- Specific Exemption Rule General Conditions for use of the Federal SPGP V Project Drawings, 6 pages Attachment A Chapter 62-330.051 Exempt Activities. The activities meeting the limitations and restrictions below are exempt from permitting. However, if located in, on, or over state-owned submerged lands, they are subject to a separate authorization under Chapters 253 and 258, F.S., and Chapters 18-18, 18-20, and 18-21, F.A.C., as applicable. (7) Maintenance and Restoration, (a) Maintenance dredging under Section 403.813(1)(f), F.S. (12) Construction, Restoration, Enhancement, and Repair of Seawall, Riprap, and Other Shoreline Stabilization (a) Construction replacement, and repair of seawalls or riprap in artificial waters and residential canal systems under Section 403.813(1)(i), F.S., including only that backfilling needed to level the land behind seawalls or riprap. General Conditions for Federal Authorization for SPGP V The time limit for completing the work authorized ends on July 26, 2021. 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 a good faith transfer, you must obtain a modification of this permit 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 Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner on the enclosed form 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. i 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. Further Information: 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 in reliance on the information you provided. 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 Mil' 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 CER 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 correcti�e 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 the enclosed form. 7. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the,Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural, work or obstructions caused thereby, without expense to the United States. No claim sha1P be made against the United States on account of any such removal, relocation or alteration. Department of the Army Permit Transfer for SPGP V PERMITEE: PERMIT NUMBER: DATE: ADDRESS/LOCATION OF PROJECT: (Subdivision) (Lot) (Block) 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. Although the construction period for works authorized by To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Branch, Post Office Box 4970, Jacksonville, FL 32232-0019. I (Transferee Signature) (Name Printed) (Street address) (Mailing address) (City, State, Zip Code) (Date) 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, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, 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 ImperiledSpeciesCD-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 Cautio,'n: 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. j A L A, �OFIA All project vessels IDLE SPEED / NO WAKE When a manatee is within 50 feet of work all ini water activities must HUT DOWN Report any collision with or injury to a manatee: Wildlife Alert: 1-8819-404-MCC (3922) cell * FWC or #FWC UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE --5 Southeast Regional Office k 263 13th Avenue South LeoQ St. Petersburg, FL 33701 wares of SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS The permittee shall comply with the following protected species construction conditions: a. The permittee 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 sm lltooth 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. h. Any collision(s) with and/or injuries to any whale, or sturgeon occurring during the construction of a project, shall be reported immediately to NMFS's Protected Resources Division (PRD) at (727-824-5312). i. Reports to NMFS's Protected Resources Division (PRD) may be made by email to takerenort.nmfsser@noaa.eov. j. Sea turtle and marine stranding/rescue organizations' contact information is available by region at http://www.nmfs.noaa.%ZovL/pr/health/networks.htm. k. Smalltooth sawfish encounters shall be reported to http•//www flmnh.ufl.edu/fish/sharks/sawfish/sawfishencounters.html. 1. All work must occur during daylight hours. Al imp Q(Y f�TA�[M (If 320 S5 Naranja Ave - Googl�, - cps Go ...,glle Maps 320 SE Naranja Ave likr Elaine !Y Services Ig sl Lopu7 Trucking Go, g1le Page 1 of 2 ltii Cwilrz: Baptist ("wr&OSt vtd.eo6arI lee 20SGA.i.il Elitc Mobile ftoiling By Tony Map data @2017 Google 20 - — — — — — P V EPAR Permit Number 56-0351797-001.002-EE Southeast District littps://www.google.com/maps/Place/320+SE+Naranja+Ave,+Port+St+Lue'e,+F -- 17 Michelle Franklin, CFA - Swint Lucie County Property Appraiser C) Permit Number gxem 5 6-03 51797-001 002-EE southeast District Typical Cross Section View llWTa MLWL Concrete Cap 28" Typ. :: : . .................... ---------------------- iyl Sheet Piles .. - , , , * . . . V ._ • . .... .. ..... .. ..... .. ..... . ..... . ..... . .... I ..... . : •....Z- ....-... :.::•:.::•:-:::::•.•.•.•........ .. ... .. ... .. •.. ... ..........Tip-RBd ls'' .• . .- . required by:iorcal......:::::::::: ::.... . .............. ::::::::: ; ::::::::::::: -Anchorage as:required.by local:::::::: . ....... . . ....... :. ::: p :.:.....::.:.. ................................ ....•- Permit Number ... : 56-0351797-001,002-EE :. .:'62ckfilta5.ne'c�ssar'y'••_ .•. : :•: •'�-' ••... : •� .......... .. : Southeast District ...::. ........... ............... . ti .........::: ... ;. .... 0 Block 3 Permit Number i ry Rip Rap will e n44 c__- removed from this 56-0351797-001.002-EE ° " area P ®, Southeast District w� ktzr Ploczk° , a � Y .. _ .r Location of-°pr sed 50'Sea Wail u� a" 6ddd 3 a'f TT AQ W,��„r 7 s 3 =IM "p ' o ® o- o Lydia Galbraith From: Sovacool, Monica <Monica.Sovacool@dep.state.fl.us> Sent: Monday, June 11, 2018 4:15 PM To: Lydia Galbraith Subject: RE: Repo rt_FL_Review_Comments_Noncompliantjrf.pdf, permit 1806-0111 Hi Lydia - The dock and boatlift activities would also be exempt from needing a permit. There is no way to modify an existing exemption, they would just apply for another verification for the additional activities; however, we also do not require that any property owner get an exemption letter from the Department. We would only require they get a permit if it was an activity that required an actual permit. Thanks, Monica Sovacool poPdr Environmental Manager Environmental Resource Permitting Florida Department of Environmental Protection Southeast District —West Palm Beach -3301 Gun Club Road t West Palm Beach, FL 33406 o ` 1 Monica.SovacooWfloridadeo.00v ,'tartar o`° Office: 561-681-6698 httns:11floridadeo.gov/southeast From: Lydia Galbraith <galbraithl@stlucieco.org> Sent: Monday, June 11, 20184:05 PM To: Sovacool, Monica<Monica.Sovacool@dep.state.fl.us> Subject: FW: Report_FL_Review_Comments_Noncompliant_jrf.pdf, permit 1806-0111 Hi Monica, See attached approved FDEP permit and proposed plan view. According to the building permit application customer is going to modify the existing dock (see permit lay -out) and add pilings for the boatlift as well. The approved FDEP and stamped plans do not indicate this part of the job. Will customer be ok to do the modification and boat lift pilings or does he need to modify the FDEP permit? Please let me know. Thank you, Lydia. C affiraitfi Zoning Specialist Building and Code Regulation (772)462-1555 galbraithl stlucieco.ors �Ptocwprk From: Barry Janeway [mailto:barrv.ianewav@yahoo.com] Sent: Monday, June 11, 2018 12:38 PM To: Lydia Galbraith <galbraithl@stltrcieco.org> Subject: Re: Report_FL_Review_Comments_Noncompliantjrf.pdf, permit 1806-0111 Thank you,for the review, attached is my approved exemption from the FDEP. Thanks again, Barry Please Note: Florida has very broad public records laws. Most witten communicalions to or from County officials regarding County business are public records availobie to tie public and media upon request. It is the policy of St. Lurie County Ihal all County records shall be open for personal inspection, examination and 1 or copying. Your o-mail communications vdll be subject In public disclosure unless an exemplion applies to the communicator. If you received this email in error. please notify the sender by reply a -mail and dolete all materials from all computers.