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HomeMy WebLinkAbout0707-0214 ENVIRONMENTAL PROTECTIONFlorida a Department of .Environmental° Protection 1801 JUL 10 2007 Tim Shields 9621 Hera Court Fort Wayne, IN 46825 Re: File No.: 56-0278938-001 File Name: Shields, Tim Dear Mr. Shields: On June 19, 2007, we received your St. Lucie Branch Office Hillmoor Drive, Suite C-204 )rt St. Lucie, FL 34952 (772)398-2806 Fax # (772)398-2815 4XANNku By for an exemption to perform the following Charlie Crist Governor Jeff Kottkamp Lt. Governor (Michael W. Sole Secretaiy Class IIWaters of the State, adjacent to 1051 Nettles Blvd (Section 2, Township 37 South, Range 41 East), in Jensen Beach, St. Lucie County (Latitude 276 7' 5.70" N and Longitude 80' 13' 30.28" W). Your application has been reviewed to determine whether it qualifies for any of three kinds of authorization that may be necessary for work in wetlands or waters of the United States. The kinds of authorization are (1) regulatory authorization, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal authorization. The authority for review and the outcomes of (the reviews are listed below. Please read each section carefully. Your project may not have qualified for all three forms of authorization. If your project did not qualify for one or more of the authorizations, refer to the specific section dealing with that authorization for advice on how to obtain it. Regulatory Review. -EXEMPTION VERIFIED 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 with 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 your project is exempt from the need to obtain a DEP Environmental Resource Permit under Rule 40E-4.051(3)(d), F.A.C. Proprietary Review (related to state-owned lands). - NOT REQUIRED The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) and issues certain authorizations for the use of sovereign submerged lands. The Department has the authority to review your project under Chapters 253 and i 58, F.S., Chapters 18-20 and 18-21, F.A.C., and Section 62-343.075, F.A.C. Your project will not occur on,sovereign sub Imerged land. Therefore, pursuant to Chapter 253.77, F.S., authorization from the Board of Trustees is, riot required-, i. Federal Review (State Programmatic General Permit). GRANTED Federal authorization for the proposed project is reviewed by DEP pursuant to an agreement between the Department and the U.S. Army Corps of Engineers (Corps). The agreement is outlined in a document titled Coordination Agreement Between the U.S. Army Colps of Engineers and the Florida Department of Environmental gum 40,60py I "More Protection, Less Pro WPM dq). State. A l/S ,� " File Name: Shields, Tim FDEP File No.: 56-0278938-001 Page 2 Protection State Programmatic General the Clean Water Act. Section 10 of the Rivers and Harbor Act of 1899 and Section 404 of Your project has been reviewed for compliance with a State Programmatic General Permit (SPGP). As shown on the attached drawings, the proposed project is consistent with the SPGP program. The attached Corps general conditions apply to your project. No finther petj Hitting for this activity is required by the Corps. The determinations in this letter are based solel� on the information provided to the Department and on the statutes and rules in effect when the application was submitted. The determinations are effective only for the specific activity proposed. These determinations shall automatically expire if site conditions materially change or if the governing statutes or rules are amended. In addition, any substantial modifications in your plans should be submitted to the Department for review, as changes may result in a permit being required. In any event, this determination shall expire after one year. This letter does not relieve you from the be required for the project. NOTICE OF RIGHTS This letter acknowledges that the proposed acti 4.051(3)(d), F.A.C. This determination is final unless a sufficient petition for an administrativ( Florida Statutes as provided below. If a suffici, determination automatically becomes only prol process. Therefore, on the filing of a timely an further order of the Department. The procedure of obtaining other permits (federal, state, or local) that may SUBSTANTIALLY AFFECTED PERSONS ity is exempt from ERP permitting requirements under Rule 40E- md effective on the date filed with the Clerk of the Department hearing is timely filed under sections 120.569 and 120.57 of the at petition for an administrative hearing is timely filed, this )sed agency action subject to the result of the administrative review . sufficient petition, this action will not be final and effective until for petitioning for a hearing are set forth in the attached notice. This determination is based on the information you provided the Department and the statutes and rules in effect when the application was submitted and is effective only for the specific activity proposed. This determination shall automatically expire if site conditions materially change or the governing statutes or rules are amended. In addition, any substantial modifications in your plans should be submitted to the Department for review, as changes may result in a permit being required. In any event, this determination shall expire after one year. Be advised that your neighbors and other parties who may be substantially affected by the proposed activity allowed under this determination of exemption have a r ight to request an administrative'hearing on the Department's decision that the proposed activity qualifies for this exemption. Because the administrative hearing process is designed to redetermine final agency action on the application, the filing of a petition for an administrative hearing may result in a final determination that the proposed activity is not authorized under the exemption established under Rule 40E-4.051(3)(d), F.A.C. The Department will not publish notice of this determination. Publication of this notice by you is optional and is not required for you to proceed. However, in the event that an administrative hearing is held and the Department's determination is reversed, proceeding with the ;proposed activity before the time period for requesting an administrative hearing has expired would meaii 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 county where the activity is to take place. A single publication will suffice. ;ri + ;�Mma File Name: Shields, Tim FDEP File No.: 56-0278939-001 Page 3 If you wish to limit the time within which any ; provide such person(s), by certified mail, a cop For the purposes of publication, a newspaper o sections 50.011 and 50.031 of the Florida Stab publication, you must provide to the following section 50.051 of the Florida Statutes. If you p provide to the following address a copy of the i Florida Department of Environmental Southeast District Branch Office 1801 SE Hillmoor Drive, Suite C-204 Port St. Lucie Fl 34952 ecific person(s) may request an administrative hearing, you may of this determination, including Attachment A. neral circulation means a newspaper meeting the requirements of In the event you do publish this notice, within seven days of tress proof of publication issued by the newspaper as provided in ide direct written notice to any person as noted above, you must ct written notice. If you have any questions, please contact Jerilyn Krug at (772) 398-2806 x140 or at Jerilyn.Krug@dep.state.fl.us. When referring to your project, please use the FDEP file name and number listed above. El 6�7 Eric M. Shea Environmental Supervisor Florida Department of Environmental Southeast District Branch Office EMS/jak Enclosures: Federal Manatee Conditions, Federal General Conditions for SPGP IV and Transfer Request Attachment A- Notice of Determu}ation of Qualification for Exemption cc: USACOE — Palm Beach Gardens, Enc.G.Reusch@saj02.usace.army.mil [without enclosures] .y b Attachment A STATE OF FLORIDA File No.: 56-0278938-001 DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF DETERMINATION OF EXEMPTION The Department of Environmental Protection gives notice to repair and replace a 383 square foot dock, in the same location, configuration, and dimensions as existing, in a manmade canal, Class II Waters of the State, adjacent to 1051 Nettles Blvd (Section 2, Township 37 South, Range 41 East), in Jensen Beach, St. Lucie County (Latitude 27' 17' 5.70" N and Longitude 80013' 30.28" W) has been determined to be exempf from requirements to obtain an environmental resource permit. A person whose substantial interests are alected by 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)i in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Mediation is not available. If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be permitted only at the discretion of the presiding 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 b of time to file a petition for an administrative heari extension of time. Requests for extension of time i Commonwealth Boulevard, Mail Station 35, Tallal for extension of time shall toll the running of the ti the requesting party showing that the failure to file excusable neglect, the Department may also grant 1 ;rests are affected by the Department's action may also request an extension ;. The Department may, for good cause shown, grant the request for an ist be filed with the Office of General Counsel of the Department at 3900 3see, Florida 32399-3000 prior to the applicable deadline. A timely request period for filing a petition until the request is acted upon. Upon motion by request for an extension of time before the deadline was the result of requested extension of time. The petitioner shall mail a copy of the pet tion 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 i n which the Department's action is based must contain the following information: (a) The name and address of each agen (b) The name, address, and telephone n petitioner's representative, if any, which shall be ti explanation of how the petitioner's substantial inte (c) A statement of when and how the p (d) A statement of all disputed issues o: (e) A concise statement of the ultimate reversal or modification of the agency's proposed (f) A statement of the specific rules or agency's proposed action; and (g) A statement of the relief sought by 1 to take with respect to the agency's proposed actio. affected and each agency's file or identification number, if known; aber of the petitioner; the name, address, and telephone number of the address for service purposes during the course of the proceeding; and an sts are or will be affected by the agency determination; tioner received notice of the agency decision; laterial fact. If there are none, the petition must so indicate; cts alleged, including the specific facts the petitioner contends warrant that the petitioner contends require reversal or modification of the petitioner, stating precisely the action that the petitioner wishes the agency 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 lame information as"set forth above, as required by rule 28-106.301. Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing shall be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. Complete copies of all documents relating to this determination of exemption are available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, at the Southeast District Branch Office, 1801 SE Hillmoor Drive, Suite C-204, Port St. Lucie, FL. �.fiN x � ,nits ,=• ��, 1s. !> k iF a !s• z GENERAL CONDITIONS General Conditions 1. The time limit for completing the work FEDERAL AUTHORIZATION FOR SPGP IV 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 relielbed 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 fi om this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic P, laces. 4. If you sell the property associated with this permit, you must obtain the signature and mailing, address of the new owner in the space provided below and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification ] specified in the certification as special conditi 6. You must allow representatives from this o ensure that it is being or has been accomplishi Further Information: 1. Limits of this authorization. a. This permit does not obviate the need to b. This permit does not grant any property c. This permit does not authorize any injur d. This permit does not authorize interfere] been.issued for your projects, you must comply with the conditions to this permit. �e to .inspect the authorized activity at any time deemed necessary to in accordance with the terms and conditions of your permit. other Federal, State, or local authorizations required by law. or exclusive privileges. to the property or rights of others. 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. I b. Damages to the permitted project or use's thereof as. a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 3. Reliance on Applicant's Data:' The deter public interest was made in reliance on the i 4. Reevaluation of Permit Decision: This c circumstances warrant. Circumstances that a. You fail to comply with the terms and b. The information provided by you in st or inaccurate (see 3 above). c. Significant new information surfaces i decision. 5. Such a reevaluation may result in a detern revocation procedures contained in 33 CFR 326.4 and 326.5. The referenced enforcemej requiring you comply with the terms and cor appropriate. You will be required to pay for comply with such directive, this office may i accomplish the corrective measures by contr 6. When the structures or work authorized by the terms and conditions of this permit will c( the transfer of this permit and the associated 1 have the transferee sign and date below. (TRANSFEREE -SIGNATURE) (NAME -PRINTED) (ADDRESS) of this office that issuance of this permit is not contrary to the )n you provided. may reevaluate its decision on this permit at any time the require a reevaluation include, but are not limited to, the following: of this permit. of your permit application proves to have been false, incomplete, this office did not consider in reaching the original public interest ttion that it is appropriate to use the suspension, modification, and .7 or enforcement procedures such as those contained in 33 CFR rocedures provide for the issuance of an administrative order ions of your permit and for the initiation of legal action where corrective measures ordered by this office, and if you fail to ertain situations (such as those specified in 33 CFR 209.170) or otherwise and bill you for the cost. permit are still in existence at the time the property is transferred, ue to be binding on the new owner(s) of the property. To validate ities associated with compliance with its terms and conditions, (DATE) 3 Manatee Conditions for Federal Authorization 1. The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction 1personnel are responsible for observing water -related activities for the presence of manatee(s). 2. The permittee shall advise all construction perso el that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act of '�978. The permittee and/or contractor may be held responsible for any manatee harmed, harassed, or killed as a result of construction activities. 3. Siltation barriers shall be installed and shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be monitored regularly to avoid manatee entrapment. Barriers shall not block manatee entry to or exit from essential habitat. 4. All vessels associated with the project shall operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than four feet clearance from the bottom and that vessels shall follow routes of deep water whenever possible. 5. If a manatee is sighted within 100 yards of the project area, all appropriate precautions shall be implemented by the permittee/contractor to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 50 feet of a manatee. Operation of any equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of that equipment. Activities will not resume until the manatee(s) has departed the project area of its own volition. 6. Any collision with and/or injury to a manatee shall be reported immediately to the "Manatee Hotline" at 1-888-404-FWCC (1-888-404-3922): Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Vero Beach (1-772-562-3909) in south Florida. 7. Temporary signs concerning manatees shall be )osted prior to and during construction/dredging activities. All signs are to be removed by the lessee/grantee upon complet}on of the project. A sign measuring at least 3 feet by 4 feet which reads Caution: Manatee Area will be posted in a location prominently visible to water related construction crews. A second sign should be posted if vessels are associated with the construction, and should be placed visible to the vessel operator. The second sign should be at least 8 1/2 inches by 1 � inches which reads: Caution: Manatee Habitat. Idle speed is required if operating a vessel in the construction area. All equipment must be shutdown if a manatee comes within 50 feet of the operation. A collision with and/or injury to a manatee shall be reported immediately to the Florida Marine Patrol at 1-888-404-FWCC (1-888-404-3922) and the U.S. Fish and Wildlife Service at (1-772-562-3909) for south Florida. �� 5 e� � a• . fix. ° j `. Print map' �� Print this page using the print function in your browser. � I Don't just travel.Travel Right: © 2007 Microsoft Corporation and/or its suppliers. All rights reserved. O 2000 Navigation Technologies. All rights reserved. © Copyright 2000 by Compusearch Micromarketing Data and Systems Ltd. All rights © 2000 Geographic Data Technology, Inc. All rights reserved. _..........._._....�.._.W. ----------- ------------ _._....__ _ Expedia, Inc. is not responsible for content on external Web sites. 02007 Expedia, Inc. All right Photos: Getty Images, Corbis I Plus sign (+) means taxes and fees are additional. ........... ...... ... Top Destinations Links: Airlines Florida vacations Amsterdam hotels Hawaii Busini Cheap flights Hawaii vacations Hotel reservations Chicago Europ Airline tickets Mexico vacations Luxury hotels Las Vegas Paris Car rentals Orlando vacations Rome hotels New York Trave International sites.,. Australia:..._..Canada.,..•-Denmark i i k i France Germany i Italy i Japan i Netheriands I Norway i Spain i Swec �................................ ....... .......... ....................,......_....._......_....._.--......_......... _ .._.._.....................—........_.. ,_........... Partner sites: c Ai Py httn://www.exnedia.com/nub/aLyent.dll?asci=mmnm 6/19%2007 Page 1 of 2 ,:. . 1 o LUUF C z z N 4 p }. ��n rma. - -I - I ��T Inh`I Tiie-1 S FXl5,i P.1.: W.C- PILE-5 Orr.-__. 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The contractor, Subcontractor, supplier, etc. shall vettcy all diwenslons, conditions at jsbatte,l plans, avactficalttbris, etc. 3: .All. vxitton 410848tans on Lhasa drawings take yta9C*4*AC* ov6r scaled d1manslens. 5 4: Muctuxal features pat detailed onl tbase plans will be wjsillawt� F addressed by the SnIgIneer a9 constP ePCtla(t prassas. ly F I LE • - C11CrT