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
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File Name: Rasmussen, Jacquelyne a
File No. 56-0298409-001
Page 2 of 4
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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.
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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.
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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.
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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
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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
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Attachment A File No.: 56-0298409-001
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF GENERAL PERMIT
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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.
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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.
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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
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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.
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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.
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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) _
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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
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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
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MANMADE CAN.
NO SUBMERGED,
RESOURCES PRESENT
20'
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BOAT LIFT
1
1
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1
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1
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1 1,010 SQUARE
II ,
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1
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1 -
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- 1
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FEET TOTAL
15' 1
. i
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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
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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)
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PER PIL
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Im
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_
(TYP)
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U ROD
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51t THESE PLANS AND ALL PROPOSED WORM.
ARE SUBJECT TO ANY CORRECTIONS,
REQUIRED BY FIELD INSPECTORS THAT
MAY NECESSARY IN ORDER TO
--- —
--
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COMPLY WITH ALL APPLICABLE CODES.--
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z
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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
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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