HomeMy WebLinkAboutLETTER-HARBOUR RIDGE MARINAi Z
r �
pepart Florida Department of Rick Scott
o° as P fir �� Governor
4 Environmental Protecti
t 9-fl-oda',AITtelos Lopez-Cantera
Southeast District Office Lt. Governor
*0 3301 Gun Club Road, MSC 7210-1
m� West Palm Beach, Florida 33406 Noah Val
ry�'ental Q`�� 561-681-6600 Secretary
tein
Greg Prudki
12600 Harbour Ridge Blvd.
Palm City, FL 34990-8007
Sent via e-mail: linenviron(c
Re: File No.: 43-141946-014-EE
File Name: Harbour Ridge Marina Slip 53
Dear Mr. Prudki:
On May 10, 2018 we received your application for an exemption to install a boat lift. The project
is located in the North Fork of the St. Lucie River, within the North Fork of St. Lucie Aquatic
Preserve, Outstanding Florida Waters Class III Waters, adjacent to NW Mariner Court, Palm City,
FL 34990-8007 (Section 25, Township 37 South, Range 40 East), in St. Lucie County (Latitude N
27' 13' 49.25 Longitude W 80' 18' 1.61").
This determination does not convey or create any property right, or any interest in real
property. This determination does not authorize any trespass, entrance upon, or activities on
property which is not owned or controlled by you or convey any rights or privileges other than
those specified in this determination and applicable rules and statutes.
You shall hold and save the Department harmless from any and all damages, claims, or liabilities
which may arise by reason of the activities described in this determination or any use of the
structure/activities.
Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption, (2)
proprietary authorization (related to state-owned submerged lands), and (3) federal approval that
may be necessary for work in wetlands or waters of the United States.
Your project qualifies for all three. However, this letter does not relieve you from the
responsibility of obtaining other federal, state, or local authorizations that may be required for the
activity.
1. Regulatory Review — VERIFIED
Based on the information submitted; the Department has determined that the boat lift is exempt,
under section 373.406(6) of the Florida Statutes, from the need to obtain a regulatory permit under
part IV of chapter 373 of the Florida! Statutes. This determination is made because the activity, in
www.dep.state.Aus 0
i
File No.: 43-141946-0,14-EE
File Name: Harbour Ridge Marina Slip 53
Page 2 of 15
consideration of its type, size, nature, location, use, and operation, is expected to have only
minimal or insignificant individual or! cumulative adverse impacts on the water resources.
This exemption verification is bases
statutes and rules in effect when the i
one year and will not be valid at aff
design is modified, or the statutes or
the activity may still be conducto
Department after the one-year expiry
not change; 2) site conditions do not
or rules governing the exempt activit,
activity after the one-year expiration
be required. Any substantial modi
Department for review, as changes in
with the regulatory exemption are co
1. Proprietary Review — GRANT
The Department acts as staff to the
(Board of Trustees) and issues cerU
The Department has the authority to i
253 and 258 of the Florida Statu
Administrative Code.
on the information you provided the Department and the
formation was submitted. This verification will expire after
other time if site conditions materially change, the project
ules governing the exempt activity are amended. However,
without further notification to or verification from the
.on of this verification, provided: 1) the project design does
iaterially change; and 3) there are no changes to the statutes
In the event you need to re -verify the exempt status for the
'this verification, a new application and verification fee will
.cations to the project design should be submitted to the
result in a permit being required. Conditions of compliance
tained in Attachment A.
)ard of Trustees of the Internal Improvement Trust Fund
authorizations for the use of sovereign submerged lands.
sew activities on sovereign submerged lands under chapters
, and chapters 18-18, 18-20 and 18-21 of the Florida
Your project will occur on sovereignty, submerged land and will require authorization from the
Board of Trustees to use public property. As staff to the Board of Trustees, we have reviewed the
proposed project and have determined that, as long as they are located within the described
boundaries of Sovereignty Submerged Lands Lease No. 560707729 and is consistent the attached
general consent conditions, no further authorization from the Board of Trustees is required.
General Conditions for State -Owned Submerged Land Authorizations:
(a) Authorizations are valid only for the specified activity or use. Any unauthorized deviation
from the specified activity or use and the conditions for undertaking that activity or use shall
constitute a violation. Violation of the authorization shall result in suspension or revocation of the
grantee's use of the sovereignty submerged land unless cured to the satisfaction of the Board.
(b) Authorizations convey no title to sovereignty submerged land or water column, nor do they
constitute recognition or acknowledgment of any other person's title to such land or water.
(c) Authorizations may be modified,i suspended or revoked in accordance with their terms or the
remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18-14, F.A.C.
(d) Structures or activities shall be constructed and used to avoid or minimize adverse impacts to
sovereignty submerged lands and resi ources.
I
File No.: 43-141946-0,14-EE
File Name: Harbour Ridge Marina Slip 53
Page 3 of 15
i
(e) Construction, use, or operation of the structure or activity shall'not adversely affect any species
which is endangered, threatened or ofspecial concern, as listed in Rules 68A-27.003, 68A-27.004,
and 68A-27.005, F.A.C.
(f) Structures or activities shall not uilreasonably interfere with riparian rights. When a court of
competent jurisdiction determines that riparian rights have been unlawfully affected, the structure
or activity shall be modified in accordance with the court's decision.
(g) Structures or activities shall not create a navigational hazard.
(h) Structures shall be maintained in a functional condition and shall be repaired or removed if
they become dilapidated to such an extent that they are no longer functional. This shall not be
construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005, F.A.C.,
within one year, of a structure damaged in a discrete event such as a storm, flood, accident, or fire.
(i) Structures or activities shall be constructed, operated, and maintained solely for water
dependent purposes, or for non -water dependent activities authorized under paragraph 18-
21.004(1)(f), F.A.C., or any other applicable law.
2. Federal Review — SPGP APPROVED
Your proposed activity as outlined orb your application and attached drawings qualifies for Federal
authorization pursuant to the State Programmatic General Permit V, and a separate permit or
authorization will not be required from the Corps. Please note that the Federal authorization expires
on July 26, 2021. You, as permittee, are required to adhere to all General Conditions and Special
conditions that may apply to your project." A copy of the SPGP V with all terms and conditions
and the ' General Conditions may be found at
Authority for review - an agreement with the USACOE entitled "Coordination Agreement
Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of
Environmental Protection, or Duly Authorized Designee, State Programmatic General Permit",
Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act.
Additional Information
Please retain this letter. The activities may be inspected by authorized state personnel in the future
to insure compliance with appropriate statutes and administrative codes. If the activities are not
in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18-14, F.A.C.
NOTICE OF RIGHTS
This action is final and effective on th
for an administrative hearing is time]
deadline for filing a petition. On the
be final and effective until further of
process is designed to formulate flu
Department's final action may be diff
date filed with the Clerk of the Department unless a petition
filed under Sections 120.569 and 120.57, F.S., before the
fling of a timely and sufficient petition, this action will not
.er of the Department. Because the administrative hearing
i1 agency action, the filing of a petition means that the
rent from the position taken by it in this notice.
File No.: 43-141946-Q14-EE
File Name: Harbour Ridge Marina Slip 53
Page 4 of 15
Petition for Administrative Hearing
A person whose substantial interests ;are affected by the Department's action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-
106.201, F.A.C., a petition for an administrative hearing must contain the following information:
(a) The name and address of each agency affected and each agency's file or
identification number, if known;
(b) The name, address, any email address, any facsimile number, and telephone number
of the petitioner; the name, address, and telephone number of the petitioner's
representative, if any, which shall be the address for service purposes during the course of
the proceeding; and an explanation of how the petitioner's substantial interests are or will
be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition
must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that
the petitioner contends warrant reversal or modification of the agency's proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require
reversal or modification of the agency's proposed action, including an explanation of how
the alleged facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that
the petitioner wishes the agency to take with respect to the agency's proposed action.
I
The petition must be filed (received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.
Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the
time of filing.
Time Period for Filing a Petition
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant must be filed within 14 days of receipt of this written notice. Petitions filed by any
persons other than the applicant, and other than those entitled to written notice under Section
120.60(3), F.S. must be filed within 1;4 days of publication of the notice or within 14 days of receipt
of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person
who has asked the Department for notice of agency action may file a petition within 14 days of
receipt of such notice, regardless of the date of publication. The failure to file a petition within the
appropriate time period shall constitute a waiver of that person's right to request an administrative
determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding
and participate as a party to it. Any isubsequent intervention (in a proceeding initiated by another
party) will be only at the discretion of the presiding officer upon the filing of a motion in
compliance with Rule 28-106.205, F.A.C.
Extension of Time
Under Rule 62-110.106(4), F.A.C.; a person whose substantial interests are affected by the
Department's action may also request an extension of time to file a petition for an administrative
hearing. The Department may, for good cause shown, grant the request for an extension of time.
File No.: 43-141946-014-EE
File Name: Harbour Ridge Marina Slip 53
Page 5 of 15
Requests for extension of time must ble filed with the Office of General Counsel of the Department
at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the
applicable deadline for filing a petition for an administrative hearing. A timely request for
extension of time shall toll the running of the time period for filing a petition until the request is
acted upon.
Mediation
Mediation is not available in this proceeding.
FLAWAC Review
The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may
also seek appellate review of this order before the Land and Water Adjudicatory Commission
under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water
Adjudicatory Commission must be filed with the Secretary of the Commission and served on the
Department within 20 days from the date when the order is filed with the Clerk of the Department.
Judicial Review
Any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by
filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure,
with the Clerk of the Department i in the Office of General Counsel, 3900 Commonwealth
Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal
accompanied by the applicable filing fees with the appropriate District Court of Appeal. The
Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of
the Department.
Thank you for applying to the Submerged Lands and Environmental Resource Permit Program. If
.you have any questions regarding this matter, please contact Newt Robson at the letterhead address
or at (561) 681-6620 or by email at Newt.RobsonkFloridadep.gov.
Executed in Orlando, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
I
Monica Sovacool
Environmental Manager
Southeast District
File No.: 43-141946-014-EE
File Name: Harbour Ridge Marina Slip 53
Page 6 of 15
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this permit and all copies
were sent on the filing date below to the following listed persons:
FDEP — Monica Sovacool, Newt
FILING AND ACKNOWLED
FILED, on this date, pursuant to
receipt of which is hereby ackno
�/Z/ 2
erk
Enclosures:
Attachment A- Specific Exemption
General Conditions for use of the F
Project Drawings, 4 pages
120.52, F. S., with the designated Department Clerk,
SPGP V
Attachment A
Chapter 62-330.051 Exempt Activities.
The activities meeting the limitations and restrictions below are exempt from permitting. However,
if located in, on, or over state-owned submerged lands, they are subject to a separate authorization
under Chapters 253 and 258, F.S., and Chapters 18-18, 18-20, and 18-21, F.A.C., as applicable.
(5) Dock, Pier, Boat Ramp and C
(b) Installation of private docks,
local governmental piers and reci
403.813(1)(b), F.S. This includes ass
provided:
1. The cumulative square footag
waters does not exceed the limitation
2. No structure is enclosed on me
3. Structures are not used for re
materials other than those associated
4. Any dock and associated strut
for a minimum distance of 65 feet, in
65 feet in length along the shoreline
parcel or lot.
Chapter 373.406 Exemptions - T
(6) Any district or the department
that the district or department deter
cumulative adverse impacts on the v
are authorized to determine, on a cas
exemption. Requests to qualify for t
department, and such activities shall
district or department confirming thz
-r Boating -related Work —
srs, and recreational docking facilities, and installation of
.tional docking facilities, in accordance with Section
iated structures such as boat shelters, boat lifts, and roofs,
of all structures located over wetlands and other surface
in Section 403.813(1)(b), F.S.,
than three sides with walls and doors,
idential habitation or commercial purposes, or storage of
7ith water dependent recreational use; and,
are shall be the sole dock as measured along the shoreline
ess the parcel of land or individual lot as platted is less than
in which case there may be one exempt dock allowed per
e following exemptions shall apply:
nay exempt from regulation under this part those activities
pines will have only minimal or insignificant individual or
ter resources of the district. The district and the department
-by-case basis, whether a specific activity comes within this
Is exemption shall be submitted in writing to the district or
got be commenced without a written determination from the
the activity qualifies for the exemption.
General Conditions for Federal Authorization for SPGP V
I
1. The time limit for completing the work authorized ends on July 26, 2021.
2. You must maintain the acti
conformance with the terms and cc
requirement if you abandon the pe
to a third party in compliance with
maintain the authorized activity or
you must obtain a modification of
the area.
authorized by this permit in good condition and in
lions of this permit. You are not relieved of this
ted activity, although you may make a good faith transfer
feral Condition 4 below. Should you wish to cease to
ald you desire to abandon it without a good faith transfer,
permit from this office, which may require restoration of
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this office of
what you have found. We will initiate the Federal and State coordination required to determine if
the remains warrant a recovery effort or if the site is eligible for listing in the National Register
of Historic Places.
4. If you sell the property a:
new owner on the enclosed form
transfer of this authorization.
5. If a conditioned water
comply with the conditions sl
Etted with this permit, you must obtain the signature of the
forward a copy of the permit to this office to validate the
certification has been issued for your project, you must
in the certification as special conditions to this permit.
6. You must allow representatives from this office to inspect the authorized activity at any
time deemed necessary to ensure that it is being or has been accomplished in accordance with the
terms and conditions of your permit
Further Information:
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 the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal
projects.
2. Limits of Federal Liability. In issuing this permit, the Federal Government does not
assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or or i behalf of the United States in the public interest.
c. Damages to persons, I
structures caused by the
d. Design or Construction
e. Damage claims associated
this permit.
3. Reliance on Applicant's Dai
permit is not contrary to the
provided.
or to other permitted or unpermitted activities or
authorized by this permit.
associated with the permitted work.
any future modification, suspension, or revocation of
The determination of this office that issuance of this
blic interest was made in reliance on the information you
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 tot, 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 suchi 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 if you fail to comply with such directive, this office
may in certain situations (such as those specified in 33 CER 209.170) accomplish the
corrective measures by contract or otherwise and bill you for the cost.
6. When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this permit will continue to be binding
on the new owner(s) of the property. To validate the transfer of this permit and the
associated liabilities associated with compliance with its terms and conditions, have the
transferee sign and date the enclosed form.
7. The Permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structures or work herein
authorized, or if, in the opinion of the Secretary of the Army or his authorized
representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the Permittee will be required, upon due notice from
i
the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, � without expense to the United States. No claim shall be
made against the United States on account of any such removal, relocation or alteration.
Department of the Army Permit Transfer for SPGP V
PERMITEE:
PERMIT NUMBER:
ADDRESS/LOCATION OF
(Subdivision)
When the structures or work au
property is transferred, the terms a
new owner(s) of the property. Alt
To validate the transfer of this
compliance with its terms and cc
U.S. Army Corps of Engineers,)
32232-0019.
(Transferee Signature)
(Name Printed)
(Street address)
(Mailing address)
(City, State, Zip Code)
DATE:
(Lot) (Block)
-ized by this permit are still in existence at the time the
conditions of this permit will continue to be binding on the
«h the construction period for works authorized by
ciite. the hermit itself. with its limitations, does not expire.
and the associated responsibilities associated with
3, have the transferee sign and date below and mail to the
meat Branch, Post Office Box 4970, Jacksonville, FL
(Date)
STANDARD MANA'
The permittee shall comply with the
project effects:
CONDITIONS FOR IN -WATER WORK
2011
conditions intended to protect manatees from direct
a. All personnel associated with the project shall be instructed about the presence of manatees
and manatee speed zones, and the need to avoid collisions with and injury to manatees. The
permittee shall advise all construction personnel that there are civil and criminal penalties
for harming, harassing, or killing manatees which are protected under the Marine Mammal
Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.
b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake"
at all times while in the immediate area and while in water where the draft of the vessel
provides less than a four -fool clearance from the bottom. All vessels will follow routes of
deep water whenever possible.
c. Siltation or turbidity barriers shall be made of material in which manatees cannot become
entangled, shall be properly isecured, and shall be regularly monitored to avoid manatee
entanglement or entrapment. Barriers must not impede manatee movement.
d. All on -site project personne
presence of manatee(s). All:
manatee(s) comes within 51
manatee(s) has moved bey(
minutes elapses if the man
Animals must not be herded
are responsible for observing water -related activities for the
-water operations, including vessels, must be shut down if a
feet of the operation. Activities will not resume until the
id the 50-foot radius of the project operation, or until 30
:ee(s) has not reappeared within 50 feet of the operation.
way or harassed into leaving.
e. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline
at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and
Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-
562-3909) for south Florida, jand to FWC at ImperiledSpecies(amyFWC.com
f. Temporary signs concernir
project activities. All signs
project. Temporary signs tb
and Wildlife Conservation (
One sign which reads Cauh
81/2" by I V explaining the
in -water operations must t
engaged in water -related a(
email address listed above.
manatees shall be posted prior to and during all in -water
re to be removed by the permittee upon completion of the
have already been approved for this use by the Florida Fish
mmission (FWC) must be used (see. MyFWC.com/manatee).
7: Boaters must be posted. A second sign measuring at least
;quirements for "Idle Speed/No Wake" and the shut down of
posted in a location prominently visible to all personnel
vities. Questions concerning these signs can be sent to the
i
i
i
I
CAUTION11: MANATEE HABITAT
All project vessels
IDLE SPEED /NO WAKE
When a manatee is within 50 feet of work
aWin-water activities must
SHUT DOWN
Report any collision with .or injury to a manatee:
r-_T Wildlife Alert:
1-858-404-FWCC (3922)
cell * FWC or #FWC
UNITED STATES DEPARTMENT OF
COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
263 13th Avenue South
sFaTeso4 St. Petersburg, FL 33701
SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS
Theermittee shall comply
p p y with the following protected species construction conditions:
a. The permittee shall instruct all personnel associated with the project of the potential
presence of these species and the need to avoid collisions with sea turtles and smalltooth
sawfish. All constructionlpersonnel are responsible for observing water -related activities
for the presence of these species.
i
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 sea turtle or smalltooth sawfish entry
to or exit from designated critical habitat without prior agreement from the National Marine
Fisheries Service's Protected Resources Division, St. Petersburg, Florida.
d. All vessels associated with the construction project shall operate at "no wake/idle" speeds
at all times while in the construction area and while in water depths where the draft of the
vessel provides less than a four -foot clearance from the, bottom. All vessels will
preferentially follow deep -water routes (e.g., marked channels) whenever possible.
e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily
construction/dredging operation or vessel movement, all appropriate precautions shall be
implemented to ensure its protection. These precautions shall include cessation of
operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish.
Operation of any mechanical construction equipment shall cease immediately if a sea turtle
or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not
resume until the protected species has departed the project area of its own volition.
f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported
immediately to the National Marine Fisheries Service's Protected Resources Division
(727-824-5312) and the local authorized sea turtle stranding/rescue organization.
g. Any special construction conditions, required of your specific project, outside these general
conditions, if applicable, will be addressed in the primary consultation.
h. Any collision(s) with and/or injuries to any whale, or sturgeon occurring during the
construction of a project, shall be reported immediately to NMFS's Protected Resources
Division (PRD) at (727-824 i 5312).
i. Reports to NMFS's Protected Resources Division (PRD) may be made by email to
takereport.nmfsser@noaa.gov.
j. Sea turtle and marine stranding/rescue organizations' contact information is available by
region at http://www.nmfs.njoaa.izov/Dr/health/networks.htm.
k. Smalltooth sawfish I encounters shall be reported to
http•//www flmnh ufl edu/fish/sharks/sawfish/sawfishencounters.html.
I
1. All work must occur during daylight hours.
i
j"IMULlzv
I