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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. !>
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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.
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