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HomeMy WebLinkAbout1002-0106 ENVIRONMENTAL PROTECTIONJack Long, Director Southeast District Office DEC 0 8 2009 Jacquelyne Rasmussen (TR) 1063 Nettles Blvd Jensen Beach, FL 34957 Florida Department of Environmental Protection Port It. Lucie Branch Office 1801 SE I illmoor Drive, Suite C-204 Port Lucie, FL 34952 raint (772) 398-2806 FAX #(772)398-2815 Re: File No.: 56-0298409-001 File Name: Rasmussen, Jacquelyne S$ Dear Ms. Rasmussen: On November 23, 2009, we received your notice of 62-34.1.427,,Florida Administrative Code (F.A.C.) t' off the Indian River, Outstanding Florida Waters, Beach (Section 3, Township 37 South,, Range_ 41 34.48" West Longitude). Your intent to use a noticed general.permit has -beer of authorization that may be necessary for works in authorization are (1) regulatory authorization, (2) pi lands), and (3) federal authorization. The authority Please read each section carefully.- Your project m. project did not qualify for one or more of the author authorization for advice on how to obtain it. f- Charlie Cnst Governor Jeff Kottkamp Lt. Governor Michael W. Sole . Secretary to ae associate_ boa lift. he project is located within a canal II Waters of the State, adjacent to 1063 Nettles Blvd, Jensen in St. Lucie County (27' 17' 4.20" North Latitude, 80' 13' ,viewed to determine whether it qualifies for any of three kinds Alands or waters.ofthe United States. The kinds of )rietary authorization (related to state-owned submerged r review and the outcomes of the reviews are listed below. not have qualified for all three forms of authorization. 'If your itions, refer to the specific section dealing with that 1. Regulatory Review. The Department has the authority 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 to operating agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C. Based on the information you submitted, we have determined that the project meets the requirements for and is hereby granted the noticed general permit listed above (Rule 62-341.427, F.A.C.). Activities performed under a noticed general permit are subject to the general conditions required in Rule 62-341.215, F.A.C. (attached) -and to the specific conditions of the permit for which notice was given (62-341.427 F.A.C., attached). Deviations from the general andispecifrc conditions may subject the permittee to. enforcement action and penalties. Project drawings and a location map are attached. Please be advised that the construction phase of the noticed general permit must be completed within 5 years from the date the notice to use the noticed general permit was received by the Department. 2. Proprietary Review (related to state-ownedlands)., X., 4, EQ�Lowll 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 sovereignty submerged lands. The Department has the authority to review your project under Chapters 253 and 258, F.S., Chapter 18-21, F.A.C., and Section 62-343.075, F.A.C. Your project will not occur on sovereignty submerged land., Therefore, pursuant to Chapter 253.77, F.S., authorization from the Board of Trustees is not required. "More Protection, Less Process" www.dep.state.fl.us _ � l t i . .. , ' i' �'C' . . ;�: I?, 'a i File Name: Rasmussen, Jacquelyne a File No. 56-0298409-001 Page 2 of 4 r. j. 3. Federal Review (State Programmatic General Federal authorization for the proposed project is revie U.S. Army Corps of Engineers (Corps). The agreemei Between the U.S. Army Corps of Engineers and th-e F Programmatic General Permit, Section 10 of the Riw Act. Your project has been reviewed for compliance with attached drawings, the proposed project is consistent conditions apply to your project. No further permitti This letter does not relieve you from the required for the project: If you change the project from what you submitted, commencement -of the project. Please contact us pi Notice of Rights of This letter acknowledges that the proposed activity-1 This determination is final.and effective on -the date for an administrative hearing is timely filed under se below. If a sufficient petition for an administrative ] only proposed agency action subject to the result, of timely and sufficient petition, -,this, action will not be Because an administrative`hearing may result in the' is advised not to commence -construction or other ac administrativehearing or request for an extension of Mediation is not available. ermit). —GRANTED ed-.pursuant to an agreement between the Department and -the . is outlined -in a document titled Coordination Agreement ,ida Department of Environmental:Protection State. and Harbor Act of 1899 and Section 404'9f the Cle'dn Water State Programmatic General Permit (SPGP). As shown on -the ith the SPGP program. The attached_ Corps general . for this activity-. is required by the Corps. of obtaining other permits (federal, state; or local) that may be authorizations granted may no longer be valid at the time of to beginning your project if you wish to make any changes. Affected Persons, _ Ly be conducted under -noticed general permit rule 62-341.427. Fled with the Clerk of the Department unless a sufficient petition tions 120.5.69 and 12.0.57 of the Florida Statutes as provided gearing is timely filed, this determination automatically -becomes he administrative review process. Therefore, on the filing of a Final and effective until further order of the Department'. -eversal-or substantial modification of -this action,the applicant ivities until -the deadlines* noted below for filing a petition for an time have expired. A person whose substantial interests are affected bylthe 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. Under rule 62-110.106(4) of the Florida Administrative Code, a person whose substantial mterests-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 requestfor-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 323 99-3 000,- before 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: If a request is -filed -late, the - Department may still grant it upon a 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. " 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 �permitied.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. _ J 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. anypersons other than the applicant, and other than those entitled to written notice under section 120.60(3) of the.Florida Statutes, must be filed within 21 days.of. - f File Name: Rasmussen, Jacquelyn File No. 56-0298409-001 Page 3 of 4 publication of the notice or within 21 days of receipt -of the written notice, whichever occurs first. Under section 120.60(3)-of the Florida Statutes, however, any persA who has askedthe 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 petitioner shall mail a copy of the petition to the _The failure. of any person to -file a petition for -an adn constitute a waiver of that right. A petition that disputes the material facts on which information: (a) The name and address -of each agency aft (b) The name, address, and telephone number petitioner's representative, if any, which sh proceeding; and an explanation of how the agency determination; (c) A statement of when and how the petition. (d) A statement of all disputed issues of materi (e) A concise statement of the ultimate facts al warrant reversal or modification of the age (f) A statement of the specific rules or statutes the agency's proposed action; and (g) A statement of the relief sought by the petit agency to take with respect to the agency's at the address indicated above at the time of filing. hearing within the appropriate time. period -shall .: Department's action is based must contain the following, d and each agency's file or identification number, if known; the petitioner; the name, address, and telephone number of the be the address for service purposes during the course of the - titioner's substantial interests are or will be affected by the. received notice of the agency decision; I fact. If there are none, the petition must so -indicate; -ged, including the specific facts that the petitioner contends cy's proposed action; :hat the petitioner contends require reversal or modification of stating precisely the -action that the petitioner wishes the - ,ed 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. 1 - Under sections 120.569(2)(c) and (d) of the Floridal Statutes, a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. 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 in the countyl where the activity is to take place. A single publication will suffice. i If you wish to limit the time within which any specific person(s) may request an administrative hearing, you may provide such person(s), by certified mail, 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. - This determination constitutes an order of the Department. Subject to the provisions of paragraph 120.68(7)(a) of the Florida Statutes, which may require a remand for an administrative hearing, the applicant has the right to seek judicial review of the order under section 120.68 of the Florida Statutes, by the filing of a notice of appeal under rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida, 32399-3000; and by filing a copy I - File Name: Rasmussen, Jacquelyn. File No. 56-0298409-001 Page 4 of 4 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 th6 date when -the final order- is filed withahe.Clerk of the Department. i _ 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 Christina Macon at 772/398-2806- ext 140... When.r_eferri4g to this project,_ please use the FDEP file number listed above. Sincerely, r. .0-7. Eric Shea Date EnvironmentalSupervisor Florida Department of Environmental Protection Southeast District Branch Office Enclosures: NGP General -Conditions - NGP Specific Conditions Attachment A (Newspaper Publication Notice) Corps SPGP General Conditions _- Corps Manatee Conditions Corps Permit Transfer Project Drawings cc: DLS Environmental Services, Inc., Danna Small (agent), danna@dlsenvironmentalservices.com _ r _. i I _ Attachment A File No.: 56-0298409-001 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF GENERAL PERMIT I The Department of Environmental Protection gives notice that removal of an existing 229 ft 2 dock and boatlift,.and construction of a 1,010 ft.' dock with one associated boatlift has been determined to qualify for a noticed.general permit. The project is located in the Indian River, Outstanding. Florida Waters,: Class4l. Waters of the State, adjacent to1063 Nettles Blvd, Jensen Beach (Section 3, Township 37 South, Range 41 East), in St. Lucie County (271 17' 4.20" North Latitude, 80113' 34.48" West Longitude). A person whose substantial interests are affectedlby 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 32399-30100. - - I 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 Tare 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 w ch the Department's action is based must contain the following information: (a) The name and address of each agency affe I ted 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. I Under sections 120.569(2)(c) and (d) of the Florida Statutes, a,petitign 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 SE Hillmoor Drive, Suite C-204, Port St. Lucie, Florida. i Rule 62-341.215 Florida Administrative Code General Conditions for. All Noticed General Permits. - 1. The terms, conditions, requirements, limitations, and are binding upon the permittee for all noticed general IV of Chapter 373, F.S. 2. The general permit is valid only for the specific actin conditions, for -undertaking that activity shall constitul Part IV of Chapter 373, F.S., and may result in suspe under the general permit. The Department also may l by law for any violation of these conditions. 3. This general permit does not eliminate the necessity t authorizations prior to the start of any construction, a by this permit. 4. This general permit does not convey to the permittee property, nor does it authorize any entrance upon or 2 or convey any rights or privileges other than those sp 5. The general permit does not relieve the permittee froi injury to: human health or welfare; animal, plant or a. pollution in contravention of Florida Statutes and Del 6. The permittee is herebyadvised that. -Section 253.77, construction, or other activity involving the use of so' Board of Trustees of the Intemal.Improvement Trust form of consent authorizing the proposed use. There: authorizations from the Board of Trustees prior to col 7. The authorization to conduct activities.pursuant to a I with Chapter 120, F.S., and Section 373.429, F.S. 8. This permit shall not be transferred to a third party ex transferring the general permit shall "remain'liable for violations prior to sale, conveyance -,-or other transfer which the permitted system is located. 9. Upon reasonable notice to the permittee, Department sample and test the permitted system to insure confor 10. The permittee shall maintain any. permitted system in in this general -permit. 11. A permittee's right to conduct a specific noticed activ ins set forth in this section are general permit conditions and in this chapter: These conditions are enforceable under Part indicated. Any deviation from the specified activity and the a violation of the permit. A violationof the permit is a violation of ion or revocation of the permittee's right to conduct such'activity gin legal proceedings seeking penalties or other remedies as provided obtain any required federal, -state, local and special. district - -ration, operation, maintenance, removal or abandonment authorized r create in the permittee any property right, or any interest in real tivities on property which is not owned or controlled by the..permittee, �i red in the general permit as provided'by Chapter 62-330J' A.C. liability and penalties when the permitted activity causes harm or vatic life; or property. -It does not allow the permittee to cause trtment rules. .5., states that a person may. not commence any excavation, -reign or other lands of the state, the title to which -is vested in the and without obtaining the. required lease, license, easement, or other ire, the permittee is responsible for obtaining any necessary mencing activity on sovereignty lands or other state-owned lands. meral permit may be modified,, suspended or revoked in accordance ,)t pursuant to Section 62-343.130; F.A.C. The permittee y corrective'actions that may be requited as a result of any permit ownership or control -of the permitted' system or the real property at with proper identification shall have permission to enter, -inspect, with the plans and specifications approved by the permit. rdance with the plans submitted to the Department and authorized under this noticed general permit.is authorized for a duration of five years., 12. 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 Sections 62-4.242(1)6) 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 Nationai Resource Waters. The permittee shall implement -best management practices for erosion, turbidity, and other pollution control to prevent violation of state water quality standards. Temporary erosion control measures such as sodding, mulching, 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 seven 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. 13. The permittee shall hold and save the Department 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. 14. The permittee shall immediately notify the Department in writing of any previously submitted information that is later discovered to be inaccurate. Rule 62-341.427 Florida Administrative Code General Permit for Certain Piers and Associated Structures. (1) A general permit is hereby 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 for tidal waters and two feet below the mean annual low water level for non -tidal) waters for all areas designed for boat mooring and navigational access; and (b) Public fishing piers that do not exceed a total area of 2,000 square feet provided the structure is designed and built io discourage boat-rnooring 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". I = (2) This general permit shall be subje{ t to the. following specific conditions: _ (a) Construction or extension of the boat house, boat shelter, boat lift, gazebo, or terminal platforms, shall not occur over submerged grassbedsj 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 five feet above mean high water or ordinary n 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 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; (c)' _The.structure and its -use shall not1significantly impede'navigabilityin the water body; (d) 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 lift, boat shelter; gazebo, or terminal platform; _ (e) There shall be no fish cleaning,fa ilities, 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 (f) 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.. Specific Authority 373.026(7), 373.043, 373,118(1), 373.406(5), 373.414(9), 373.418, 4.03.805(.1) FS. Law, Implemented 373:118(1) 373:406(5), 373A13; 373L414(9), 373.416, 373.418, 373.426 FS. History -New 10-3-95. i GENERAL CONDITIONS FOR FEDERAL AUTHORIZATION FOR SPGP IV General Conditions 1: The time'limit for completing the work ends on September 1, 2011. _ 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 i authorized by this permit, you must immediately not Federal and State coordination required to determine for listing in the National Register of Historic Places 4. If you sell the property associated with this permi owner in the space_ provided -below and forward a co] authorization. archeological remains while accomplishing the activity this office of what you have found. We will initiate the 'the remains warrant a recovery effort or if the site is eligible you must obtain -the signature and mailing address of the new of the permit to this office to validate the transfer of this 5. If a conditioned water quality certification has been issued for your projects, 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 I 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: 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 thel 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. j 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. ' 1 I 3. Reliance on -Applicant's Data: The determination of this office that issuance ofthis permit is not contrary to the public interest was made in reliance on the information you provided. 1 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 d ifyouu 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 contract or otherwise and bill you for the cost. 6. When the structures or work authorized by this-pe1lruut are still -in existence at the time the property is transferred, the terms and conditions of this permit will continue Ito 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) 1(DATE) (NAME -PRINTED) _ I STANDARD -MANATEE CONDITIONS FO'R IN -WATER -WORK 2009 The permittee shall comply with the following conditions intended to protect manatees from direct project _ effects: a. All personnel'associated_with the project sl manatee speed zones, and the need to avc permittee shall advise°all construction pers harming, harassing, or killing manatees wh Act, the Endangered Species Act, and the b: All vessels associated with the constructioi times while in the immediate area and whil than a four -foot clearance from the bottom possible. - ill be instructed about the -presence of manatees and . d collisions with and injury to manatees. The nnel that there are civil and criminal penalties for :h are protected underthe Marine Mammal. Protection lorida Manatee Sanctuary Act. project shall operate at "Idle Speed/No Wake" at all in water where the draft of the vessel provides less All vessels will follow routes of deep water whenever 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.- 'Activ'ities 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 ngt.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 4- 888-404-FW.CC., Collision and/or injury should also be reported to -the U.S. Fish and. Wildlife Service in Jacksonville (1-904-731-3335) for north Florida orVero Beach (1-772-562=3909) for south Florida. f. Temporary signs concerning manatees sh II 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. Awareness signs that have already been approved fort this Use by the Florida -Fish and Wildlife Conservation' Commission (FWC) must be used (see MyFWC:com). 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. I on y SEA TURTLE AND'SMALL The permittee shall comply with the i 0gliT Bra, TIMT 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 SAWFISH. CONSTRUCTION CONDITIONS 'protected species construction conditions: a. The permittee shall instruct all personnel associated with the project o£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 sera turtle or smalltooth sawfish entry to or exit from designated critical habitat without prig i 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 clearance4 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 orvesselmovement, 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 owri�_volition. f. Any collision with and/or injury to a sel turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division (727-824- 5 3 12) and the local authorized sea turtl� stranding/rescue organization. g. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addresIsed in the primary consultation. I Revised: March 23, 2006 O:\forms\Sea Turtle and.Smalltooth Sawtisli Construction Conditions.doc /44ayo armosy,�k, i St PROJECT SITE G { _ y y r R ` to p c. e a. n Pai SE4V+laRby f I p (--- RP,aric:.x CL Mew 5 - y' �—S_ C I E �� t \� Jenseni F ./ —' -t }- ' -t-y ':tJoir h Fork St: L 1jg ....... _I--... ..' ` Y1l t each..::. t "- �-: RWerUAquati%_Pr rve _ a 4 Ocean 707A a .._ Br ze Park �°`� • Miler- 723 ti 4p�Qr F Jy G �y ` x $ilereS t ti FBo A, SU11 ecker Rd - r Rd � .Par ,11 -SYdart Recreali � 'ray. M�AcR T I N 1 EorSa(emo \1 /� l 10th Street ar i Wditam:Fieid �}.tp,S rS.V7f o'a'Ot 4S T.DPR .An Tre:en¢o - - N. :.; PROJECT SITE A- i _ Ales IRD Ott / , ..�•-�..--- �. : � rr _ _ 1E ti Environmental Location Map Jacquelyne Rasmussen (TR) Inc.S ervices, I1063 Nettles Boulevard 1901 SW Yellowtail Avenue Jensen Beach, Florida Port Saint Lucie, FL 34953 PCN# 4502-501-1250-000-5 Phone:772-215-3997 Fax:772-879-4520 www.dlsenvironmentailservices.com S0H1 E N �T.S- 20,09 OCT FIGURE 1 of 4 I 1?S Environmental Services, Inc. 1901 SW Yellowtail Avenue Port Saint Lucie, FL 34953 Existing Plan View Jacquelyne Rasmussen (TR) 1063 Nettles Boulevard Jensen Beach, Florida PCN# 4502-501-1250-000-5 Phone:772-215-3997 Fax:772-879-4520 www.dlsenvironmentalserVices.com scnLF-: 1" = 6' Nov2009 I FIGURE 2 of 4 { t I ' MANMADE CAN. NO SUBMERGED, RESOURCES PRESENT 20' �•—•---•—•—•—•—•—•---•—•�— i 1 1 ROPOSED 14' X 14' BOAT LIFT 1 1 I 1 1 i i . 1 - i i nOF f 1 i 1 PROPOSED FISHING 1 1,010 SQUARE II , 1 - L LL 25' 1 i 1 - 1 - i i 14' - - 1 i PLATFORWDOCK 1 FEET TOTAL 15' 1 . i i .3' OFFSET FROM PROPERTY LINE 1 ON EACH SIDE 111 MINES OFDOCK - SHORELINE LENGTH 34.6' LEGEND i HANDRAIL — • — • — ?S Environmental .Proposed Plan. View Jacquelyne' Rasmussen (TR) S ervices, Inc. 1063 Nettles Boulevard ism sWYellowtailAvenue Jensen Beach, Florida Port Saint Lucie, FL 34953 PCN# 4502-501-1250-000-5 Phone:772-215-3997 Fax:772-879-4520 www.disenvironmentalservices.com SCALE v, _` 6' Nov2009 f _ FIGURE 0 of 4 f® Environmental S ervices, Inc. 19ol swYellowtail Avenue Port Saint Lucie, FL 34953 Phone:772-215-3997 Fax:712-879-4620 www.dlsenvironmentalservices.com I SCALE: 1" = 6' Proposed Cross Section View Jacquelyne Rasmussen (TR) 1063 Nettles Boulevard Jensen Beach, Florida PCN# 4502-501-1250-000-5 Nov2009 I FIGURE 4 of 4 I • y 20' O.A. 10, CROSS BRACES 3 TALL.HANDRAIL. 2" X 6"'P.T. 10' O.C. DECKBOARDS (TYP) 19'- 4" 14' X 14' BOATLIFT 17 �•. (4) 2„ X 8 1 CROSS BRACES - 2, O. l (TYP) f .2" X 10" STRINGERS (TYP) 2" X 10"-CROSS-TIE 10" 0 BOA*IFT (TYP)PILES 40' O.A. 0 ABOVE DECK PILE WITH HANDRAIL,(TYP). , 14' 7' 33,- 4„ I 15 ( 9,_ 4„ 100 SEAWALL — SHORELINE -LENGTH 34.6' R 8" fd'ABOVE DECK PILE " 8" 0 BELOW DECK PILE ' WITH HANDRAIL THESE PLANS AND ALL PROPME WORK �. ARE SUBJECT TO ANY CORRECTIONS REQUIRED_BY FIELD -INSPECTORS THAT NOTES: MAYBE NECESSARY.IN ORDER TO - ALL HARDWARE TO E GRADE 304 (OR BETTER) SS. COMPLY WITH 41 APP61CARLE CODES. 3' 6' - 2" X 6" P.T. DECKIN (NOT ALL SHOWN FOR CLARITY) - ALL DOCK PILES 8" 0 MARINE PILES - MIN. PENETRATION 8' INTO FIRM SOIL � - BOATLIFT PILES 10" 0 MARINE PILES — MIN. PENETRATION 8' INTO FIRM SOIL GRAPHIC SCALE - 8 PILES BELOW DECK -14 PILES ABOVE DECK DETAILED PLAN VIEW Velcon Group, Inc. Environmental I 702 S.W. Port St. Lucie Blvd. Inc.Jacquelyne Rasmussen (TR) Port St. Lucie, FL�2. 953 S ervices1?s, I1063 Nettles Boulevard 1901 SW Yellowtail Avenue Jensen Beach, Florida �''o Port Saint Lucie, FL 34953 PCN# 4502-501-1250-000-5 Ernesto Vel sco, P No. 35649 Phone:772-215-3997 Fax:772-879.4520 www.disenvironmentalservices.com SCALE: �„ = 6'I1 JAN 20 SHEET 1 of 4 OD N N i w Z a X X O mo ZD 0 n, = mo �� O CO) 1 4 I Di1 c �. : x_ n �^' r- i m v m a�i DM zZ I +l — r �. m �, 3 1 j I i W Z -DDxND0 ��zx�m Movo�xm 3n 0 a -u ;u rn �m40X o�n�m c m °D_ rA Z 01 CO) �gOzm i A ; O O v-xn� F= M r v m arm >F-nXw MMOO- rn 0 Z ; M ;a :1 �Z� �CO) rn O Z ao 0 0 rn 0 F 1?s Environmental S ervices, Inc. 1901 SwYellowtail Avenue Port Saint Lucie, FL 34953 Phone:772-215-3997 Fax:772-879-4520 www.disenvironmentalservices.com o) TYPICAL CROSS Jacquelyne Rasmussen (TR) 1063 Nettles Boulevard Jensen) Beach, Florida PCN# 4502-501-1250-000-5 SCAB: V,=69 0 THESE PLANS AND ALL PROPOSED 1 ARE SUBJECT TO ANY CORRECTION REQUIRED BY FIELD INSPECTORS TI MAY BE NECESSARY IN ORDER TO COMPLY WITH ALL APPLICABLE COC BUILDING DIVISION REVIEWED FOR COMPLIANCE EVIEWED BY ATE PLANS AND PERMIT MUST BE KEPT ON JOB OR NO INSPECTION WILL BE MADE Velcon Group, Inc. 702 S.W. Port St. Lucie Blvd. Port St. Lucie, FL 34953 Ernesto Velasc JAN 2009 Z ./ . io No. 35649 SHEET 2 of 4 2" X 6" RAIL C (TYP) 2" X 6" RAIL T (TYP) 12" X 4" RAIL E (TYP) X 6" P.T. DECKBOARE 12" X 10" STRII (NP) (4) 1/2" 0 THE PER PIL 2" X 10" CROI (TYP) Im 5„ O.C. 4P :)P 3' OTTOM 2" X 2" PICKETS _ (TYP) IGERS U ROD E 51t THESE PLANS AND ALL PROPOSED WORM. ARE SUBJECT TO ANY CORRECTIONS, REQUIRED BY FIELD INSPECTORS THAT MAY NECESSARY IN ORDER TO --- — -- _ BE COMPLY WITH ALL APPLICABLE CODES.-- _ ;S-TIE NfHW MNN 1.2't VARIES ' L--------------------- NOTES• 0' 2 GRAPHIC SCALE 'SEAWALL CAP I1- -- - i.8' cp o OW) M eM Lu CI Z m� 0) m CD`O a° = d N (� J Z Q C N � cm N >tia° w` ~ o J W d 0 0 Oa 0 OWN oo cFr 0m 0o w Q dM C'V N -7` T V 0 � n a U N 'T E M d � � n y V Uzi 01 N Z Ua� H 0 .r.j-LLB °' i-I c rn E C o Wv1�ai NC O7 0 04 d n v SUBSTRATE -ALL HARDWARE TO BE GRADE 304 (OR BETTER) SS. t - 2" X 6" P.T. DECKING a - 2" X 2" PICKETS (NOT ALL SHOWN FOR CLARITY) - ALL DOCK PILES 8" 0 MARINE PILES - MIN. PENETRATION 8' INTO FIRM SOIL �NNND� -xxxrm 7ODNOfx(A 70:9 x �X0-1 o .� d nM(i0M m zzo sm0Qoo N m m ZL'0 I Cho =b- e z m vyou o z n m x z z ; ESE PLANS AND ALL PROPOSED WO E K I — S BJECT TO ANY CORRECTIONS CO) t QQI ED BY FIELD INSPECTORS THA a I Y BE NECESSARY IN ORDER TO O f MPL WITH ALL APPLICABLE CODES z Do z r 01 Environmental CROSSBRACE DETAIL Velcon Group, Inc. 702 S.W. Port St. Lucie Blvd. Jacquelyne Rasmussen (TR) Inc.I Port St. Lucie, FL 34953 SServices, 1063 Nettles Boulevard 1901 SW Yellowtail Avenue Jensen Beach, Florida . �n Port Saint Lucie, FL 34953 1 PCN# 4502-501-1250-000-5 Ernesto Vel sco, PE No. 35649 Phone:772-215-3997 Fax:772-879.4520 www.disenvironmentalservices.com SCALE �, = 4i JAN 2009 SHEET 4 of 4 fl 0 C 7 y 'Ea s St PROJECT SITE ' t J a 4-ram] d r �-{ 1. Riv r F— 707 O Y e a I a Pak -I- F L I ,D r y S�Eswanon RI M.N eY015 r $C f PaClc` POiY5ty' ly a North--- ii5I� 1 River 'Dr S "` ti Shore's �I ` ecker _RdI .� Rd Stuart. M AIR T I N PROJECT SITE `r � �� �1iL1C�����•�C` (y 1� Environmental Location Map Jacquelyne Rasmussen (TR) Inc.Services, I1063 Nettles Boulevard 1901 SW Yellowtail Avenue Jensen Beach, Florida Port Saint Lucie, FL 34953 PCN# 4502-501-1250-000-5 Phone:772-215-3997 Fax:772-879-4520 www.disenvironmentalservices.com SCALE: N.T.S. OCT2009 A a QUALITY I ALUM-A-VATOR BOA 4 POST BOAT LIFTS WITH 2 C 1 2 3 4 5 6 7 OAT LIFTS LIFT SPECIFICATIONS ADLE BEAMS AND 4 CABLES 9 10 11 12 CABLE BEAM 51ZE OF GROOVED DR VE AfT GEAR I NO. OF MOTORS NO'pRD Of SIZSE� CABLE I GUIDE EAM CRADLE1E ,FT CAPACITY IB5. CU51'OM CHANNEL MNDEEPR S�EU 51ZE DRIVE 5HAfT CHAIN SIZE GEAR DRIVE SPROCKET DRIVE dH.P. SPREAD U�Ff PERF BOAT BUNK5 INCHES BEARINGS INCHE5 INCHES SPROCKET RATIO INCHE5 INCHE5 MINUTE HEIGHT INCHE5 'PBM.INCHE5 4,500 S x .230 H 10 2.375 DIA 16' LG 1.937 TUBE 60 TOOTH #50 11 TOOTH 60:1 (2)3/4H.P-120V23A .25 DIA. 16' FT. 104 40 7 2 x 8 x 144 6 x .19 HH 4 x 290 W 2 x .160 W LIFTS 14 FT. 24OV112A 1 PART 120 L 6 X H 2.375 DIA TOOTH (z13/4H IP-120V23A .312 DIA. 75' FT. 6 x .190 H 7,000 .230 2 x .160 VV 10 16° LG 1.937 TUBE 60 TOOTH #50 9 60:1 24OV112A 1 PART 116 32 7 2.13.1. 4 x .290 W LIFTS 14 FT. 144 L 10,000 8 %.230 H 10 2.37519* DIA 19' LG 1.937 TUBE 60 TOOTH #50 11 TOOTH 60:1 (2)V/4 ,P-12w23A .25 DIA 30 FT. 113 20 7 2 x 8 x 144 8 x .350 H S x .0 W 2 x .160 W LIFTS 14 FT. 240V/12A 2 PART 150 L 13.000 11 x .230 H 10 2.375 DI4 19' LG 1.937 TUBE 60 TOOTH #50 9 TOOTH 60:1 (2)3/4H IP-120V23A 312 DIA. 30 FT. 113 16 7 2 x 8 x 144 5 x .3500 W 2 x .160 W LIFTS 14 FT. 240Vl12A 2 PART 150 L 16,000 11 x .23D H 70 2,375 DIA 19' LG 1.937 TUBE 50 TOOTH #60 12 TOOTH 60:1 (2)1H.P-MV28A 312 DIA 30 FT. 111 26 10 3 x 10 x 168 10 x .250 H 6 x W 2 X .160 VV LIFTS 14 FT. 240V/14A 2 PART .410 168 L 20,000 14 x .313 H 10 2.23' 3 23' LG 1.937 TUBE 50 TOOTH #60 12 TOOTH 60:1 (41H.P-120V26A 312 DIA. 4S FT. 127 17 10 3 x 10 x 192 12 x.290 470W 7 x .470 W 2 % .313 W LIFTS 14 FT. 240V/14A 3 PART 192 L 27,000 14 x .313 H 10 2.375 DIA 1 937 TUBE 50 TOOTH #60 10 TOOTH 60:1 (2)tH.9VI142flA 312 DIA. 45'Fr. 151 14 10 3x 10x 192 7x.470W 2 x .313 W 23'LG LIFTS 14 FT. 240V/14A 3 PART 192 L ALL SPACING TO CENTER OF PILING LIFT CAPACITY A B C RECOMMENDED PILING SIZES 4.500 LB 132" 120" 178.375" 8" DIA. 7.000 LB 144" 144" 203.625" 8" DIA. 10.000 LB 144" 150" 208" 8" DIA. 13,000 LB 144" 150" 208" 8" DIA. 16,000 LB 144" 168" 1 221.25" 10" DIA. 20,000 LB 168". 192" 255.125" 1 10" DIA. 27,000 LB 192" 192" 271.50" 1 10" DIA. THESE PLANS AND ALL PROPOSED WORK ARE SUBJECT TO ANY CORRECTIONS REQUIRED BY FIELD INSPECTORS THAT MAY BE NECESSARY IN ORDER TO COMPLY WITH ALL APPLICABLE CODES. Qualify BOAT LIFTS,C. QUALITY BOAT LIFTS, INC. S NOT RESPONSIBLE FOR FHE DOCK STRUCTURE, OR TS ABILITY RESIST THE >PPLIED LOADS OF THE kLUM-A-VATOR BOAT LIFT. THE SITE SHOULD BE 1ERIFIED BY A LICENSED AARINE CONTRACTOR. APPLIED LOADS WILL BE PROVIDED UPON REQUEST. EPo� NO. MOTORS MOTOR INQTT PER { H.P. M+HO TORQUE MINUTE 60:1 (2)112H.P-120V23A 6FT-CBS 80 240VI17A 30:1 (2)112H.P-120WJ3A 6FT-LBS 64 240V/17A 30:1 (2)112H.P-120W33A 6FT-LBS 40 240V117A 30:1 (2)112H.P-120W43A 6FT-CBS 32 240V/17A 30:1 (2)2H.P-120Vrj6A 6 FT -CBS 42 240V/18A 30:1 (212HP-120V/36A 6FT-CBS 34 240V/18A 30a (2jzH.P-lzovnw 6FT-CBS 28 240V/18A Bow of i \�C�/ I B Boat A STANDARD PILING SPACING. - STRUCTURAL ENGINEERING REVIEW THI5 CON57RUCTION HA5 BEEN DESIGNED A9 A MAIN WIND FORCE PE515TING SY5TEM, WITH CALCULATED GRAVITYVV.')"WIND LOAD5 INCOMPLIANCE WITH THE FLORIDA BUILDING CODE 2007, WITH 2O09 5UPFLEMENT5, 5ECTION I G09, ADM 2005, A5CE 7-05, AND "MINIMUM DE51G7N LOAD5 FOR 6JIL DINGS AND OTHER 5TRUCTURE5" TO WITHSTAND T11E WIND LOADS A55OCIATED'WITH A BA51C WIND SPEED OF 150 MPH, FXP05URE°C". ARNOLC65,NDE25 CON51)iTING ENGINEERS HA5 NO CONTROL OF THE MANUFACTURING; PERFOWAANCE, OR IN5TALLATION OF TH15 PRODUCT. THESE GENERIC PLANS WERE ENGINEERED.:N ACCORDANCE WITH ACCEPTED ENGINEERING PRA(-TICE5 AND DATA PROVIDED 13YTHE MANUFACTURER. Amoldj5ander5 Cons"Itmg gme ,Inc. J.L SANDERS /- Cen,fi-te of Auth-t- Reg. F11onda N0.GG3G I I GG81 McGregor 81vd. 5wte 102, Ft. Myers, N 33908 Date: 239-267-36GG Fax:239-267-2771 SIGNATURE NOT VALID WITHOUT RAISED SEAL ST. LUCIE COUNTY BUILDING DIVISION REVIEWED REVIEWE gR CO A CE DATE PLA SA ERMIT MUST 13E KEPT NO INSPECTION WILLJB R RC'� ;Ln .- Ll . -- DWG:G00100 17030 Ahco Center Rd. Ft. Myers, FI 339G7 Phone: (800) 545-5GO3 Fax: (239) 432-001 9