HomeMy WebLinkAboutLETTER-WATER MANAGMENTP SOUTH F ORIDA, WATER MANAGEMENT DISTRICT
Dear Permittee: LOCIP Mot,
SUBJECT: Issuance of a Right of Way Occupancy Permit
Enclosed please find the Right of Way Occupancy Permit issued pursuant to application
for permit.
Your attention is directedr to review all of the terms, Limiting Conditions, Special
Conditions and drawings contained in the Right of Way Occupancy Permit. Please.note
that this Permit shall not become valid until all other required permits/approvals are
obtained from the South Florida Water Management District;, U.S. Army Corps of
Engineers; other local, county and/or state agencies; or other affected parties. The
Permittee understands and shall comply with any more stringent conditions set forth in
other required permits and approvals.
In particular, please note. that as local and regional water management needs change,.
District rights of way may need to be restored or otherwise changed to meet these needs.
As a result, facilities authorized by Right of Way Occupancy Permits may be subject to
future removal pursuant to Limiting Conditions (3) and (4).
In the event you object to the terms, Limiting or Special Conditions, please refer to the
enclosed "Notice of Rights" which addresses the procedures you must follow should you
desire a public hearing or other review of the agency action. If an objection is not filed as
specified in the "Notice of Rights", prior to construction of the authorized facilities or
engaging in the authorized uses,. then in addition to waiving important legal administrative
rights, you will be deemed to have concurred with the District's terms, Limiting and Special
Conditions.
Please contact this office should you have any questions or require assistance on this
matter.
I HEREBY CERTIFY that a "Notice of Rights" has been furnished by U.S. Mail to the
Permittee.
Matthew R. Bolton, M.P.A.
Right of Way Technician III
Right of Way Section
Field Operations
,3301Gun Club Road, WestPalm'Heach Florida33406i, (561)686.8800.!,1-800432-2045!wwwsfwmd.goW
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NOTICE OF RIGHTS
As required by Chapter 120, Florida Statutes, the following provides notice of the opportunities which may be
available for administrative hearing pursuant to 'Sections 120.569 and 120.57, Florida Statutes, or judicial
review pursuant to Section 120.68, Florida Statutes, when the substantial interests of a party are determined
by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Some of the legal
proceedings detailed below may not be applicable or appropriate for your situation. You may wish to consult
an attorney regarding your legal. rights.
RIGHT TO REQUEST ADMINISTRATIVE HEARING
A person whose substantial interests are or may be affected by the South Florida Water Management District's
(District) action has the right to request an administrative hearing.on that action pursuant to Sections 120.569
and 120.57, Florida Statutes. Persons seeking,a hearing on a District decision which affects or may affect
their substantial interests shall file a petition for hearing in accordance with the filing instructions set forth
herein within 21 days of receipt of written notice of the decision unless one of the following shorter time periods
apply: (1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed
applications for environmental resource permits and use of sovereign submerged lands pursuant to Section
373.427, Florida Statutes; or (2) within 14 days of service of an Administrative Order pursuant to Section
373.119(1), Florida Statutes. "Receipt of written notice of agency decision" means receipt of written notice
through mail, electronic mail, posting, or publication that the District has taken or intends to take final agency
action. Any person who receives written notice of a District decision and fails to file a written request for
hearing within the timeframe described above waives the right to request a hearing on that decision.
If the District takes final agency action that materially differs from the noticed intended agency decision,
persons who may be substantially affected shall, unless otherwise provided by law, have an additional point of
entry pursuant to Rule 28-106.111, Florida Administrative Code.
Any person to whom an emergency order is directed pursuant to Section 373.119(2), Florida Statutes, shall
comply therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible.
A person may file a request for an extension of time for filing a petition. The District may grant the request for
good cause. Requests for extension of time must be filed with the District prior to the deadline for filing a
petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted
with all other parties concerning the extension and whether the District and any other parties agree to or
oppose the extension. A timely request for an extension of time shall toll the running of the time period for
filing a petition until the request is acted upon.
FILING INSTRUCTIONS
A petition for administrative hearing must be filed with the Office of the District Clerk. Filings with the Office of
the District Clerk may be made by mail, hand -delivery, or e-mail. Filings by facsimile will not be accepted. A
petition for administrative hearing or other document is deemed filed upon receipt during normal business
hours by the Office of the District Clerk at the District's headquarters in West Palm Beach, Florida. The
District's normal business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Any
document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on
the next regular business day. Additional filinginstructions are as follows:
• Filings by mail must be addressed to the Office of the District Clerk, 3301 Gun Club Road, West Palm
Beach, Florida 33406.
Rev.1/16/20
Filings. by hand -delivery must be delivered to the Office of the District Clerk. Delivery of a petition to
the District's security desk does not constitute filing. It will be necessary to request that the District's
security officer contact the Office of the District Clerk. An employee of the District's Clerk's office will
receive and process the petition.
Filings by e-mail must be transmitted to tlie Office of the District Clerk at clerk ansfwmd.gov. The filing
date for a document transmitted by electronic mail shall be the date the Office of the District Clerk
receives the complete document.
INITIATION OF AN ADMINISTRATIVE HEARING
Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Rules 28-106:201 and 28-
106.301, Florida Administrative Code, initiation of an administrative hearing shall be made by written petition to
the District in legible form and on 81/2 by 11 inch white paper. All petitions shall contain:
1. Identification of the action being contested, including the permit number, application number, District
file number or any other District identification number, if known.
2. The name, address, any email address, any facsimile number, and telephone number of the
petitioner, petitioner's attorney or qualified representative, if any.
3. An explanation of how the petitioner's substantial interests will be affected 'by the agency
determination.
4. A statement of when and how the petitiolner received notice of the District's decision.
5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate.
6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends
warrant reversal or modification of the District's proposed action.
7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of
the District's proposed action.
8. If disputed issues of material fact exist, the statement must also include an explanation of how the
alleged facts relate to the specific rules or statutes.
9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the
District to take with respect to the District's proposed action.
MEDIATION
The procedures for pursuing mediation are set forth in Section 120.573, Florida Statutes, and Rules 28-
106.111 and 28-106.401—.405, Florida Administrative Code. The District is not proposing mediation for this
agency action under Section 120.573, Florida Statutes, at this time.
RIGHT TO SEEK JUDICIAL REVIEW
Pursuant to Section 120.68, Florida Statutes, and in accordance with Florida Rule of Appellate Procedure 9.110, a
party who is adversely affected by final District action may seek judicial review of the District's final decision by
filing a notice of appeal with the Office of the District Clerk in accordance with the filing instructions set forth herein
within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice with the appropriate district
court of appeals via the Florida Courts E-Filing Portal.
Rev.1/16/20 2
SFWMD NOTICE GENERAL PERMIT NO. MOD 8600
(NON -ASSIGNABLE)
Rev: 9/99 DATE ISSUED: August 6, 2021
AUTHORIZING: EXISTING ELECTRICAL SERVICE AND CONSTRUCT A FINGER PIER EXTENSION
AND RELOCATE A BOAT LIFT WITHIN THE WEST RIGHT OF WAY OF C-23A AT
THE, REAR OF TRACT E, BAY ST. LUCIE SUBDIVISION.
LOCATED 1N: ST.. LUCIE COUNTY, SECTION 22 TOWNSHIP 37S RANGE 40E
ISSUED TO: BAY ST. LUCIE PROPERTY OWNERS ASSOCIATION, INC.
3111 SE DOMINICA TERRACE
STUART, FL 34997
This permit is issued pursuant to Application No. 20-1125-1 M dated November 25, 2020 and permittee's
agreement to hold and save the South Florida Water Management District and its successors harmless from any and
all damages, claims or liabilities which may arise by reason of the construction, maintenance or use of the work or
structure involved in the Permit. Said application, including, all plans and specifications attached thereto, is by reference
made a part hereof. The permittee, by acceptance of this permit, hereby agrees that he/she shall promptly comply with
all orders of the District and shall alter, repair or remove his/her use solely at his/her expense in a timely fashion.
'Permittee shall comply with all laws and rules administered by the District. This permit does not convey.to permittee
any property rights nor any rights or privileges other than those specified herein, nor relieve the permittee from
complying with any law, regulation, or requirement affecting the rights of other bodies or agencies. All structures and
works installed by permittee hereunder shall remain the property of the permittee.
This permit is issued by the District as a revocable license to use. or occupy District works or lands. It does not create
any right or entitlement,, either legal or equitable, to the continued use of the District works or lands. Since this permit
conveys no right to the continued use of the District works or lands, the District is under no obligation to transfer this
permit to any subsequent party. By acceptance of this permit, the permittee expressly acknowledges that the permittee
bears all risk of loss as a result of revocation of this permit:
WORK PROPOSED MUST BE COMPLETED ON OR BEFORE February 28, 2022.
Otherwise, this permit is void and all rights there under are automatically canceled unless permittee applies for, in writing,
a request for extension to the construction period and such request is received.. by the District on or before the 'expiration
date and such request. is granted, in writing, by the. District.
SPECIAL CONDITIONS (SPECIFIC PROJECT CONDITIONS) LIMITING CONDITIONS ON ATTACHED
SHEETS ARE A PART OF THIS DOCUMENT.
FILED ON 1%c ; l . 2�Z J, BY: G,
(Q John Hixenbaugh, J.D., AICP CUD
BY Zv' 66U &eh Section Administrator
DEPUTY bLERK Right of Way Section
Original Mailed to Permittee on by
C: Michelle Reichert
OKEECHOBEE FIELD STATION
(863) 462.5280, Extension 3145
ial . Cu;✓ty
Copy to: Bruce.Jerner
2537 SE Alfonso
Port Saint Lucie, FL 34957
PERMIT NO. MOD 8600
August 6, 2021
SPECIAL CONDITIONS ARE AS FOLLOWS:
1. UNLESS OTHERWISE NOTED BELOW, ALL WORK AUTHORIZED BY RIGHT OF WAY OCCUPANCY PERMIT NO.8600
AND ITS MODIFICATION(S) IS SUBJECT TO THE SPECIAL AND LIMITING CONDITIONS SET FORTH HEREIN.
2. PRIOR TO COMMENCEMENT OF CONSTRUCTION OR UTILIZATION OF THE DISTRICTS RIGHT OF WAY, PERMITTEE
SHALL SCHEDULE AND HOLD A PRE -CONSTRUCTION MEETING WITH THE DISTRICTS FIELD REPRESENTATIVE
ASSIGNED TO THIS PERMIT. NO WORK WITHIN THE RIGHT OF WAY SHALL BE AUTHORIZED WITHOUT FIRST
HAVING A MEETING AT WHICH PERMITTEE SHALL BE REQUIRED TO OBTAIN NOTICE TO PROCEED FROM THE
FIELD REPRESENTATIVE. IF REQUESTED BY THE FIELD REPRESENTATIVE, PERMITTEE SHALL PREPARE AND
PRESENT THE FOLLOWING AT THE MEETING: A) COPIES OF ALL PERMITS THAT MUST BE OBTAINED PRIOR TO
THE START OF CONSTRUCTION; B) CONTACT INFORMATION FOR PERMITTEE, THE CONTRACTOR AND/OR THIRD -
PARTY INDEPENDENT INSPECTOR, INCLUDING TELEPHONE NUMBERS, EMAIL ADDRESSES AND PHYSICAL
ADDRESSES; C) WRITTEN INVENTORY OF ALL VEHICLES AND/OR EQUIPMENT BY TYPE TO ENTER UPON THE
RIGHT OF WAY; D) WRITTEN PROCEDURES FOR VACATING THE RIGHT OF WAY WITHIN 24 HOURS NOTICE FROM
THE DISTRICT; AND E) CONTACT INFORMATION FOR PERSONS AND/OR VENDORS RESPONSIBLE FOR
EMERGENCY VACATION FROM THE RIGHT OF WAY. PERMITTEE SHALL PROVIDE, PREPARE AND/OR PRESENT
ANY OTHER DOCUMENTATION, AS MAY BE DIRECTED BY THE FIELD REPRESENTATIVE, IN PREPARATION FOR
THE PRECONSTRUCTION MEETING.
3. NO WORK AUTHORIZED BY THIS PERMIT SHALL COMMENCE (OR BE ALLOWED TO REMAIN IF EXISTING) UNTIL
PERMITTEE HAS SECURED A BUILDING PERMIT FROM THE LOCAL JURISDICTION HAVING AUTHORITY TO ISSUE
SUCH PERMITS. THE BUILDING PERMIT SHALL BE PRESENTED TO THE DISTRICT STAFF FOR INSPECTION AT THE
REQUIRED PRE -CONSTRUCTION MEETING (OR AT THE FINAL INSPECTION IF EXISTING). WORK SHALL BE
COMPLETED IN ACCORDANCE WITH THE BUILDING PERMIT AND PERMITTEE SHALL SUBMIT EVIDENCE THAT ALL
FINAL INSPECTIONS HAVE BEEN COMPLETED AND THE BUILDING PERMIT CLOSED PRIOR TO SCHEDULING A
FINAL INSPECTION WITH THE DISTRICT. IF NO BUILDING PERMIT IS REQUIRED BY THE LOCAL JURISDICTION, IT
SHALL BE PERMITTEE'S RESPONSIBILITY TO PRESENT EVIDENCE TO DISTRICT STAFF CONFIRMING SUCH
EXEMPTION.
4. PRIOR TO CONTACTING THE DISTRICT FOR A FINAL INSPECTION, PERMITTEE SHALL REMOVE ALL
CONSTRUCTION MATERIALS AND DEBRIS FROM THE DISTRICTS CANAL AND RIGHT OF WAY AND RESTORE THE
RIGHT OF WAY TO THE SATISFACTION OF THE DISTRICT. RESTORATION MAY REQUIRE, BUT NOT BE LIMITED TO,
GRADING, COMPACTION OF SOIL, PLACEMENT OF SOD, AND/OR INSTALLATION OF BANK STABLIZATION
MATERIALS (E.G., RIP RAP, FILTER FABRIC CLOTH, ETC.). PERMITTEE SHALL BE SOLELY LIABLE FOR ALL COSTS
ASSOCIATED WITH RESTORATION OF THE RIGHT OF WAY. ALL RESTORATIVE WORK SHALL BE PERFORMED IN
COMPLIANCE WITH DISTRICT AND/OR USACE SPECIFICATIONS AND DIRECTION.
5. APPROVAL OF THE WORK AUTHORIZED BY THIS PERMIT IS CONTINGENT UPON PERMITTEE'S PROMISE TO
REMOVE AND/OR RELOCATE THE EXISTING ABOVE GROUND WATER PUMP FROM THE DISTRICTS RIGHT OF WAY.
DISTRICT STAFF IS CURRENTLY REVIEWING THE RIGHT OF WAY OCCUPANCY PERMIT APPLICATION FOR THE
REMOVAL OF THE ABOVE GROUND WATER PUMP AND INSTALLATION OF BURIED WATER SERVICE (APPLICATION
21-0719-1 M). ADDITIONALLY, WORK FOR THIS PERMIT CANNOT BE INITIATED UNTIL THE REMOVAL AND/OR
RELOCATION OF THE WATER PUMP HAS BEEN AUTHORIZED BY PERMIT AND WORK HAS INITIATED.
6. IMMEDIATELY UPON COMPLETION OF THE AUTHORIZED WORK, PERMITTEE SHALL CONTACT THE DISTRICTS
FIELD REPRESENTATIVE LISTED ON THE FACE OF THIS PERMIT TO SCHEDULE A FINAL INSPECTION. PERMITTEE
SHALL BE REQUIRED TO ATTEND THE FINAL INSPECTION AND PROVIDE COPIES OF ANY DELIVERABLES (E.G.,
CLOSED BUILDING PERMIT, CERTIFIED AS -BUILT DRAWINGS, ETC.) REQUIRED BY THIS PERMIT AT THAT TIME.
PERMITTEE SHALL CORRECT ANY DEFICIENCIES IDENTIFIED DURING THE INSPECTION WITHIN THE TIMEFRAME
AND IN THE MANNER DIRECTED BY THE DISTRICT'S FIELD REPRESENTATIVE.
7. THE DOCK AND ALL ASSOCIATED APPURTENANCES SHALL BE LOCATED ADJACENT TO PERMITTEE'S PROPERTY
AND LIE WITHIN THE EXTENSION OF THE LOT LINES, AS EXTENDED PERPENDICULAR FROM THE CENTERLINE OF
THE CANAL.
8. THE DISTRICT SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS TO ANY IMPROVEMENTS AND/OR RELATED
APPURTENANCES AUTHORIZED BY THIS PERMIT, INCLUDING VESSELS DOCKED THERETO, RESULTING FROM
DISTRICT USE, OPERATION (E.G., GATE, PUMPING AND STRUCTURE OPERATIONS, WATER LEVEL MANAGEMENT,
WATER FLOWS, FLUCTUATIONS AND OPERATIONS OF ITS STRUCTURES), ACTIVITY AND/OR MAINTENANCE OF OR
IN ITS RIGHTS OF WAY OR OTHER WORKS OF THE DISTRICT.
9. THE DOCKING FACILITIES, INCLUDING ASSOCIATED MOORING PILES AND VESSELS MOORED THERETO, SHALL
NOT EXTEND INTO THE CANAL MORE THAN 25% OF THE ENTIRE WIDTH OF THE CANAL (AS MEASURED FROM
EITHER MEAN HIGH WATER OR BULKHEAD LINE, WHICHEVER APPLIES).
10. IT IS RECOMMENDED THAT PERMITTEE CONSTRUCT THE DOCK WITH A LOW MEMBER ELEVATION MEASURING
3.5 FEET ABOVE THE ELEVATION OF THE WATER SURFACE AT MEAN HIGH TIDE TO MINIMIZE THE POTENTIAL FOR
1) DAMAGE DURING HIGH WATER FLOWS AND FLUCTUATIONS, AND 2) DEBRIS COLLECTION.
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PERMIT NO. MOD 8600
August 6, 2021
CONTINUED SPECIAL CONDITIONS ARE AS FOLLOWS:
11. THE MAINTENANCE OR REPAIR OF BOAT TRAILERS, VEHICLES, VESSELS OR WATERCRAFT OF ANY KIND SHALL
BE STRICTLY PROHIBITED WITHIN THE DISTRICT'S RIGHT OF WAY. IN ADDITION, NO SUBSTANCES OR PARTS
ASSOCIATED WITH REPAIR OR MAINTENANCE SHALL BE USED, STORED OR DISCARDED WITHIN THE RIGHT OF
WAY.
12. NEITHER THE DOCK NOR ANY STRUCTURE AUTHORIZED ON THE DOCK SHALL BE MODIFIED TO INCORPORATE
WALLS OR SIMILAR ENCLOSURES WHETHER SOLID, PARTLY SOLID, SCREENED OR TRANSPARENT, REGARDLESS
OF THE TYPE OF MATERIAL TO BE USED.
13. THE DOCK AUTHORIZED BY THIS PERMIT SHALL BE FOR THE PRIVATE USE OF PERMITTEE ONLY. PERMITTEE
SHALL NOT SELL, RENT OR LEASE ANY PORTION OF THE DOCK AND/OR ITS RELATED APPURTENANCES.
14. PERMITTEE SHALL NOT USE OR ALLOW ANY PORTION OF THE DOCK OR ITS ASSOCIATED APPURTENANCES TO
BE USED AS EITHER A TEMPORARY OR PERMANENT PLACE OF RESIDENCE, NOR SHALL PERMITTEE MOOR OR
ALLOW THE MOORING OF HOUSEBOATS OR OTHER VESSELS BEING USED AS EITHER A TEMPORARY OR
PERMANENT PLACE OF RESIDENCE.
15. DOCK STORAGE LOCKER OR BOX CONTENTS SHALL BE LIMITED TO FISHING OR BOAT -RELATED EQUIPMENT,
SUCH AS FLOTATION DEVICES, ROPE AND LINE, FIRST AID EQUIPMENT AND FIRE EXTINGUISHERS. THE
STORAGE OF PESTICIDES, FUEL, OILS OR OTHER PETROLEUMICHEMICAL PRODUCTS, INCLUDING, BUT NOT
LIMITED TO PAINTS, THINNERS AND SOLVENTS, SHALL BE STRICTLY PROHIBITED. IN ADDITION, NO FUELING OR
PUMP -OUT FACILITIES ARE AUTHORIZED BY THIS PERMIT.
16. PERMITTEE SHALL BE RESPONSIBLE FOR MAINTAINING THE DISTRICTS RIGHT OF WAY, AS WELL AS THE
ADJACENT CANAL BANK WITHIN PERMITTEE'S EXTENDED LOT LINES. PERMITTEE MAINTENANCE
REQUIREMENTS SHALL INCLUDE, BUT NOT BE LIMITED TO, MOWING, INSTALLATION OF SOD OR SEED, REMOVAL
OF EXOTIC VEGETATION AND/OR BANK STABILIZATION WHEN REQUIRED BY THE DISTRICT.
17. THIS PERMIT DOES NOT AUTHORIZE THE INSTALLATION OF WATER SERVICE WITHIN THE DISTRICTS RIGHT OF
WAY. PERMITTEE SHALL SUBMIT AN APPLICATION TO MODIFY THIS PERMIT PRIOR TO THE INSTALLATION OF
ANY UTILITIES WITHIN THE RIGHT OF WAY.
18. THE UTILITY SERVICE MUST REMAIN AT A SUFFICIENT BURIAL DEPTH (18" OR GREATER FOR WATER SERVICE
AND 24" OR GREATER FOR ELECTRICAL SERVICE) TO WITHSTAND THE WEIGHT OF THE DISTRICTS HEAVY
MAINTENANCE EQUIPMENT AND VEHICLES.
19. PERMITTEE IS ADVISED THAT MANGROVE TREES ARE PRESENT WITHIN THE LIMITS OF THE PROJECT AREA.
MANGROVES ARE A PROTECTED SPECIES IN THE STATE OF FLORIDA. IF THE PROPOSED WORK WILL RESULT IN
THE ALTERATION, TRIMMING OR REMOVAL OF MANGROVES, PERMITTEE IS STRONGLY ENCOURAGED TO
CONTACT THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION TO DETERMINE WHAT PERMITS, IF
ANY, ARE REQUIRED. PERMITTEE SHALL COMPLY WITH ALL LOCAL, STATE AND FEDERAL LAWS RELATED TO
MANGROVES, AND SHALL BE LIABLE FOR ALL COSTS, PENALTIES, CORRECTIVE ACTIONS OR OTHER REMEDIES
IMPOSED BY ANY AGENCY AS A RESULT OF PERMITTEE'S FAILURE TO COMPLY WITH SUCH LAWS.
20. AT NO TIME SHALL THE CANAL BE BLOCKED OR FLOWS OTHERWISE RESTRICTED OR IMPEDED. THIS
RESTRICTION SHALL INCLUDE, BUT NOT BE LIMITED TO, A PROHIBITION ON THE USE OF DAMS OR FILL IN THE
CANAL DURING ALL PHASES OF CONSTRUCTION AND ANY SUBSEQUENT FUTURE MAINTENANCE OPERATIONS.
21. THE DISTRICTS FIELD REPRESENTATIVE SHALL HAVE SOLE AUTHORITY TO DETERMINE WHETHER PERMITTEE'S
METHODS OF CONSTRUCTION, INTERIM WORK, CONSTRUCTION ACTIVITY OR USE OF THE RIGHT OF WAY IS IN
CONFORMANCE WITH THE PERMIT AUTHORIZATION, INCLUDING TERMS AND CONDITIONS, THE APPLICATION,
RESPONSES OR STATEMENTS MADE BY PERMITTEE DURING APPLICATION PROCESSING, AND SUPPORTING
DOCUMENTS INCORPORATED INTO THE PERMIT FILE. IF THE DISTRICTS FIELD REPRESENTATIVE DETERMINES
THAT PERMITTEE'S ACTIVITIES ARE NOT IN CONFORMANCE, HE/SHE SHALL ISSUE A STOP WORK ORDER TO
PERMITTEE UNTIL SUCH NONCONFORMANCE HAS BEEN RESOLVED TO THE SATISFACTION OF THE DISTRICT. IF
PERMITTEE CHOOSES TO PROCEED WITH THE WORK AUTHORIZED BY THIS PERMIT, PERMITTEE
ACKNOWLEDGES THIS CONDITION AND AGREES TO CEASE ALL ACTIVITY IN THE DISTRICTS RIGHT OF WAY
IMMEDIATELY UPON RECEIPT OF THE STOP WORK ORDER.
22. TURBIDITY BARRIERS SHALL BE PLACED WITHIN THE CANAL IF DIRECTED BY THE DISTRICTS FIELD
REPRESENTATIVE AT THE PRE -CONSTRUCTION MEETING. PERMITTEE SHALL REMOVE THE TURBIDITY
BARRIERS IN COMPLIANCE WITH DIRECTION FROM THE DISTRICT WHEN OPERATION, MAINTENANCE OR
EMERGENCY CONDITIONS REQUIRE SUCH REMOVAL.
23. THE DISTRICT RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REQUIRE AN INSPECTION REPORT FROM A
PROFESSIONAL ENGINEER OR CONTRACTOR LICENSED IN THE STATE OF FLORIDA AT ANY TIME DURING WHICH
THE AUTHORIZED WORK REMAINS IN THE RIGHT OF WAY TO VERIFY THAT THE AUTHORIZED WORK COMPLIES
WITH INDUSTRY STANDARDS, PERFORMS THE FUNCTION FOR WHICH IT WAS DESIGNED AND IS SOUND AND
POSES NO THREAT TO THE DISTRICTS RIGHT OF WAY AND/OR OPERATION AND MAINTENANCE OF ITS FLOOD
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PERMIT NO. MOD 8600
August 6, 2021
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CONTINUED SPECIAL CONDITIONS ARE AS FOLLOWS:
CONTROL SYSTEM. IF THE DISTRICT DETERMINES THAT REPAIR, REPLACEMENT OR REFURBISHMENT OF THE
AUTHORIZED WORK IS REQUIRED, PERMITTEE SHALL IMMEDIATELY COMPLY WITH DISTRICT DIRECTION TO
SECURE APPROVALS/PERMITS, AS MAY BE REQUIRED, AND TO PERFORM SUCH WORK WITHIN THE TIMEFRAME
SET FORTH BY THE DISTRICT.
24. PERMITTEE SHALL NEITHER CONSTRUCT, INSTALL OR PLACE ADDITIONAL IMPROVEMENTS WITHIN THE
DISTRICT'S RIGHT OF WAY, NOR USE THE RIGHT OF WAY FOR ANY ACTIVITY (UNLESS EXPRESSLY AUTHORIZED
BY THIS PERMIT) WITHOUT FIRST HAVING OBTAINED A MODIFICATION OF THIS PERMIT. OF PARTICULAR NOTE,
THAT AREA MEASURING 40 FEET LANDWARD FROM THE TOP OF BANK SHALL REMAIN FREE AND CLEAR OF ANY
OBSTRUCTIONS, IMPROVEMENTS OR USE, UNLESS OTHERWISE AUTHORIZED BY THIS PERMIT.
25. THIS PERMIT SHALL NOT BECOME VALID UNTIL ALL OTHER REQUIRED SOUTH FLORIDA WATER MANAGEMENT
DISTRICT, LOCAL, COUNTY AND/OR STATE PERMITS OR OTHER AFFECTED PARTIES' APPROVALS HAVE BEEN
OBTAINED. IF THERE IS A CONFLICT BETWEEN THE WORK AUTHORIZED BY THIS PERMIT AND A PERMIT
OBTAINED FROM A DIFFERENT PUBLIC OR PRIVATE ENTITY, THE TERMS AND CONDITIONS OF THIS PERMIT
SHALL PREVAIL AND HAVE SUPERIORITY.
26. A COPY OF THE PERMIT PACKAGE WILL BE KEPT AT THE JOB SITE UNTIL COMPLETION OF ALL PHASES OF
CONSTRUCTION AND APPROVAL OF THE FINAL INSPECTION.
27. IF THE IMPROVEMENTS, WORK AND/OR USE AUTHORIZED BY THIS PERMIT (EITHER DURING CONSTRUCTION OR
FOLLOWING COMPLETION) RESULT IN ANY DAMAGE TO THE DISTRICTS RIGHT OF WAY (E.G., SHOALING,
EROSION OR WASH -OUT OF ANY AREA IN THE RIGHT OF WAY), DISTRICT FACILITIES AND/OR ANY OTHER
FACILITIES (AUTHORIZED OR UNAUTHORIZED), PERMITTEE SHALL BE SOLELY RESPONSIBLE FOR REPAIRING
SUCH DAMAGE. IN ADVANCE OF PERFORMING ANY REPAIRS, PERMITTEE SHALL CONSULT WITH THE DISTRICT
TO DETERMINE THE APPLICABLE DISTRICT PROCESSES AND REQUIREMENTS WHICH MAY INCLUDE, BUT ARE
NOT LIMITED TO, FILING AN APPLICATION FOR ARIGHT OF WAY OCCUPANCY PERMIT TO SECURE
AUTHORIZATION TO PERFORM SUCH WORK. PERMITTEE SHALL BE RESPONSIBLE FOR ALL COSTS AND LIABILITY
RESULTING FROM SUCH DAMAGE.
28. IF STORM, HURRICANE OR EMERGENCY CIRCUMSTANCES DEVELOP, THE DISTRICT IS AUTHORIZED, AT ITS SOLE
DISCRETION, TO TEMPORARILY OR PERMANENTLY SUSPEND OR TERMINATE THE AUTHORIZED USE. IN SUCH
EVENT, THE DISTRICT WILL CONTACT PERMITTEE TO PROVIDE DIRECTION WHICH MAY INCLUDE, BUT IS NOT
LIMITED TO, VACATING THE RIGHT OF WAY, REMOVING AND/OR SECURING EQUIPMENT AND/OR MATERIALS
FROM THE RIGHT OF WAY, OR PERFORMING WORK TO ENSURE THAT THE RIGHT OF WAY IS SUFFICIENTLY
RESTORED TO ACCOMMODATE DISTRICT OPERATIONS AND MAINTENANCE ACTIVITIES. PERMITTEE, INCLUDING
ALL PERSONS, VENDORS, SUB -CONTRACTORS OR AGENTS OF PERMITTEE, SHALL BE REQUIRED TO COMPLY
WITH'DISTRICT DIRECTION. THE DISTRICT RESERVES THE RIGHT TO TERMINATE THE AUTHORIZED USE IF
PERMITTEE FAILS TO MAKE SURE THAT ALL PARTIES COMPLY WITH THIS CONDITION.
29. THE DISTRICTS REVIEW OF PERMITTEE'S PLANS IS LIMITED TO DETERMINING WHETHER THE PROPOSED WORK
WILL IMPACT THE DISTRICTS OPERATIONS AND MAINTENANCE OF ITS RIGHTS OF WAY OR FLOOD CONTROL
SYSTEM. ISSUANCE OF THIS PERMIT BY THE DISTRICT SHALL NOT BE CONSTRUED BY PERMITTEE OR ANY
OTHER PARTY AS APPROVAL BY THE DISTRICT OF THE DESIGN, ENGINEERING OR CONSTRUCTION OF THE
PROPOSED IMPROVEMENTS. PERMITTEE SHALL BE SOLELY RESPONSIBLE FOR ENSURING THAT THE
PROPOSED WORK IS DESIGNED, ENGINEERED AND CONSTRUCTED TO SERVE ITS INTENDED PURPOSE.
30. PERM177EE SHALL BE SOLELY RESPONSIBLE FOR PERFORMING REGULAR AND ROUTINE INSPECTIONS OF THE
IMPROVEMENTS AUTHORIZED BY THIS PERMIT AND CORRECTING ANY DEFICIENCIES IDENTIFIED BY SUCH
INSPECTIONS TO ENSURE THAT THE IMPROVEMENTS CONTINUE TO COMPLY WITH THE PERMIT AND PERFORM,
AS NEEDED, TO PROTECT PUBLIC HEALTH, SAFETY AND WELFARE.
31. PERMITTEE IS ADVISED THAT THE DISTRICT HAS NO CONTROL OVER THE SALE OR TRANSFER OF REAL OR
PERSONAL PROPERTY. IT IS THE SOLE OBLIGATION OF PERMITTEE TO DISCLOSE TO PROSPECTIVE
PURCHASERS THE EXISTENCE OF THIS PERMIT, AND THE TERMS AND CONDITIONS CONTAINED HEREIN.
BECAUSE THIS PERMIT IS A REVOCABLE LICENSE THAT DOES NOT ATTACH TO THE LAND, PERMITTEE
CONTINUES TO BE OBLIGATED TO COMPLY WITH THIS PERMIT EVEN IF PERMITTEE SELLS OR TRANSFERS THE
REAL PROPERTY ADJACENT TO OR ENCUMBERED BY DISTRICT RIGHT OF WAY. ACCORDINGLY, IT IS
RECOMMENDED THAT PERMITTEE ENSURE THAT THIS PERMIT IS TRANSFERRED TO A NEW OWNER IN
CONJUCTION WITH ANY SALE OR TRANSFER OF THE SUBJECT REAL PROPERTY.
32. THE WORK OR USE AUTHORIZED BY THIS PERMIT SHALL BE COMPLETED BY FEBRUARY 28, 2022 UNLESS
OTHERWISE EXTENDED BY THE DISTRICT IN WRITING. IF PERMITTEE REQUIRES AN EXTENSION OF THE WORK
EXPIRATION DATE, PERMITTEE SHALL SUBMIT A REQUEST FOR AN EXTENSION IN THE MANNER AND FORM, AS
DIRECTED BY THE DISTRICT. THE DISTRICT RESERVES THE RIGHT TO APPROVE, APPROVE WITH CONDITIONS
OR DENY PERMITTEE'S REQUEST.
Page 3
40E-6.381. Limiting Conditions.
The District's authorization to utilize lands and other works constitutes a revocable license
(including both notice general permits and standard permits). In consideration for receipt of that
license, Permittees shall agree to be bound by the following standard limiting conditions, which
shall be included within all permits issued pursuant to this chapter:
(1) All structures on District works for lands constructed by Permittee shall remain the property
of Permittee, who shall be solely responsible for ensuring that such structures and other uses
remain in good and safe condition. Permittees are advised that other federal, state and local
safety standards may govern the occupancy and use of the District's lands and works. The District
assumes no duty with regard to ensuring that such uses are so maintained and assumes no
liability with regard to injuries caused to others by any such failure.
(2) Permittee solely acknowledges and accepts the duty and all associated responsibilities to
incorporate safety features, which meet applicable engineering practice and accepted industry
standards, into the design, construction, operation and continued maintenance of the permitted
facilities/authorized use. This duty shall include, but not be limited to, Permittee's consideration of
the District's regulation and potential fluctuation, without notice, of water levels in canals and
works, as well as the Permittee's consideration of upgrades and modifications to the permitted
facilities/authorized use which may be necessary to meet any future changes to applicable
engineering practice and accepted industry standards. Permittee acknowledges that the District's
review and issuance of this permit, including, but not limited to, any field inspections performed
by the District, does not in any way consider, or ensure that the permitted facilities/authorized use
is planned, designed, engineered, constructed, or will be operated, maintained or modified so as
to meet applicable engineering practice and accepted industry standards, or otherwise provide
any safety protections. Permittee further' acknowledges that any inquiries, discussions, or
representations, whether verbal or written, by or with any District staff or representative during
the permit review and issuance process, including, but not limited to, any field inspections, shall
not in any way be relied upon by Permittee as the District's assumption of any duty to incorporate
safety features, as set forth above, and shall also not be relied upon by Permittee in order to meet
Permittee's duty to incorporate safety features, as set forth above.
(3) Permittee agrees to abide by all of the terms and conditions of this permit, including any
representations made on the permit application and related documents. This permit shall be
subject to the requirements of Chapter 373, F.S., and Chapter 40E-6, F.A.C., including all
subsequent rule and criteria revisions. Permittee agrees to pay all removal and restoration costs,
investigative costs, court costs and reasonable attorney's fees, including appeals, resulting from
any action taken by the District to obtain compliance with the conditions of the permit or removal
of the permitted use. If District legal action is taken by staff counsel, "reasonable attorney's fees"
is understood to mean the fair market value of the services provided, based upon what a private
attorney would charge.
(4) This permit does not create any vested rights, and except for governmental entities and
utilities, is revocable at will upon reasonable prior written notice. Permittee bears all risk of loss
as to monies expended in furtherance of the permitted use. Upon revocation, the Permittee shall
promptly modify, relocate or remove the permitted use and properly restore the right of way to the
District's satisfaction. In the event of failure to so comply within the specified time, the District may
remove the permitted use and Permittee shall be responsible for all removal and restoration costs.
(5) This permit does not convey any property rights nor any rights or privileges other than
those specified herein and this permit shall not, in any way, be construed as an abandonment or
any other such impairment or disposition of the District's property rights. The District approves the
permitted use only to the extent of its interest in the works of the District. Permittee shall obtain
all other necessary federal, state, local, special district and private authorizations prior to the start
of any construction or alteration authorized!by the permit. Permittee shall comply with any more
stringent conditions or provisions which may be set forth in other required permits or other
authorizations. The District, however, assumes no duty to ensure that any such authorizations
have been obtained or to protect the legal rights of the underlying fee owner, in those instances
where the District owns less than fee.
(6) Unless specifically prohibited or limited by statute, Permittee agrees to indemnify, defend
and save the District (which used herein includes the District and its past, present and/or future
employees, agents, representatives, officers and/or Governing Board members and any of their
successors and assigns) from and against any and all lawsuits, actions, claims, demands, losses,
expenses, costs, attorneys fees (including but not limited to the fair market value of the District's
in-house attorneys' fees based upon private attorneys' fees/rates), judgments and liabilities which
arise from or may be related to the ownership, construction, maintenance or operation of the
permitted use or the possession, utilization, maintenance, occupancy or ingress and egress of
the District's right of way which arise directly or indirectly and are caused in whole or in part by
the acts, omissions or negligence of the Permittee or of third parties. Permittee agrees to provide
legal counsel acceptable to the District if requested for the defense of any such claims.
(7) The District does not waive sovereign immunity in any respect.
i
(8) The Permittee shall not engage in any activity regarding the permitted use which interferes
with the construction, alteration, maintenance or operation of the works of the District, including:
(a) discharge of debris or aquatic weeds into the works of the District;
(b) causing erosion or shoaling within the works of the District;
(c) planting trees or shrubs or erecting structures which limit or prohibit access by
District equipment and vehicles, except as may be authorized by the permit. Permittee shall be
responsible for any costs incurred by the District resulting from any such interference, as set forth
in (a), (b), and (c), above.
(d) leaving construction or other debris on the District's right of way or waterway;
(e) damaging District berms and levees;
(f) the removal of District owned spoil material;
(g) removal of or damage to District locks, gates, and fencing;
(h) opening of District rights ,of way to unauthorized vehicular access; or
(i) running or allowing livestock on the District's right of way.
(9) The District is not responsible for any personal injury or property damage which may
directly or indirectly result from the use of water from the District's canal or any activities which
may include use or contact with water from the District's canal, since the District periodically
sprays its canals for aquatic weed control purposes and uses substances which may be harmful
to human health or plant life.
(10) Permittee shall allow the District to inspect the permitted use at any reasonable time.
(11) Permittee shall allow, without charge or any interference, the District, its employees,
agents, and contractors, to utilize the permitted facilities before, during and after construction for
the purpose of conducting the District's, routine and emergency, canal operation, maintenance,
and construction activities. To the extent there is any conflicting use, the District's use shall have
priority over the Permittee's use.
(12) This permit is a non-exclusive revocable license. Permittee shall not interfere with any
other existing or future permitted uses or facilities authorized by the District.
(13) The District has the right to change, � regulate, limit, schedule, or suspend discharges into,
or withdrawals from, works of the District' in accordance with criteria established by the Big
Cypress Basin, the District, or the U.S. Army Corps of Engineers for the works of the District.
(14) If the use involves the construction of facilities for a non exempt water withdrawal or
surface water discharge, the applicant must apply for and obtain a water use or surface water
management permit before or concurrently with any activities which may be conducted pursuant
to the right of way occupancy permit.
(15) The District shall notify the local ad valorem taxing authority of the lands affected by the
permitted use, where the Permittee owns the underlying fee and derives a substantial benefit from
the permitted use. The taxing authority may reinstate such lands on the tax roll. Failure to pay all
taxes in a timely manner shall result in permit revocation. Such permit revocation shall not
alleviate the responsibility of the Permittee to pay all taxes due and payable.
(16) Permittee shall provide prior written notice to their successors in title of the permit and its
terms and conditions.
(17) Permittee authorizes the District to record a Notice of Permit through filing the appropriate
notice in the public records of the county or counties where the project is. Governmental entities
and utilities are not subject to this provision.,
(18) Permittee shall be responsible for the repair or replacement of any existing facilities
located within the District's right of way which are damaged as a result of the installation or
maintenance of the authorized facility.
(19) All obligations under the terms :of this permit authorization and any subsequent
modifications hereto shall be joint and several as to all owners.
(20) It is the responsibility of the Permittee to make prospective bidders aware of the terms
and conditions of this permit. It shall be the responsibility of the Permittee's contractors to
understand the terms and conditions of this ipermit and govern themselves accordingly.
(21) It is the responsibility of the Permittee to bring to the attention of the District any conflict
in the -permit authorization or permit conditions in order that they may be resolved prior to the start
of construction. In resolving such conflicts the District's determination will be final.
(22) Special Conditions that are site specific shall be incorporated into every Permit as may
be necessary in the best interest of the District.
(23) The District is not responsible for the repair of or claims of damage to any facilities and
uses which may incur damage resulting from the District's utilization of its rights of way or use by
third parties. Improvements placed within the right of way are done so at the sole risk of the
owner.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085(1), 373.086, 373.103, 373.109, 373.129,
373.1395, 373.603, 373.609, 373.613 FS. History—New9-3-81, Formerly 16K-5.01(2), 16K-5.02(2), 16K-5.03(2), 16K
5.04(4), 16K-5.05, Amended 5-30-82, 12-29-86, 12-24- 91, 9-15-99, 8-12-13.
Application to the South Florida Water
Management District
ct I for Issuance of a Right of
Way Occupancy Permit
Post Office Box 24690, West Palm Beach, FL 33416_4680r
N M!" "-5la Telephone.(561)686-8800 FLWATSUnel-800-432-2045
Attention: Right of Way Permitting
Application
Permittee/owner(s) Full Name (include all Permittee/owner(s) if applicable)
CHRISTOPHER TARABA SECRETARY FOR *BA* ST. LUCIE PROPERTY OWNERSASSOCIATION, INC'
Email Address
chris@cmtproducfionsdj.com
Street Address
ZPORT
State
ZIP
No.
12192 RIVERBEND TRACE
'ST LUCIE
FL
34984
I
I.Telephone
(708) 935-8406
Agents! Name -(if applicable)
BRUCEJERNER
Email Address
JERNER@BELLSOUTH.NET
Street Address
City
state
:ZIP
TelephoneNo.
2537 SE ALFONSO AVE
-PSL
1
FL
34957
(772)23-2960
'REQUESTED USE
Modification of Existir.ig Permit (Permit
FI: New Permit 0 Number)
-12 Proposed [j Existing ❑ Both
LOCATION OF PROJECT
(Note: Copy of recent.propertV/boundary survey and aerial map�of property tied to a well-known landmark must be provided)
Township
Work or Land (canal or leveeylnvolved
County
section
37
Range
C-24
I ST LUCIE
.22
South
40 East
Lot No.
Block No.
Subdivision Name
BAY ST LUCIE TRACT E
DESCRIPTION OF PROJECT CONSTRUCT3 X 35'PIER EXTENSION AND INSTALL A
BOAT LIFT
-(Note: Check all uses/facilities that apply)
L1 Bridge L1 Bulkhead/Seawall 0 Culvert
Do&
Temporary Use
El Fencing El Landscaping ❑ (access/storage)
0 utility installation
Other (include description below)
.Form 0122-OP (07/2013) Page 1_of4_.
173
I
40E-6.381 LIMITING CONDITIONS
The Districts authorization to utilize lands and other works constitutes a revocable license (including both notice general permits and
standard permits). In consideration for receipt of that license, permittees shall agree to be bound by the following standard limiting
conditions, which shall be included within all permits issued pursuant to this chapter.
1) All structures on District works or lands constructed by permittee shall remain the property of permittee, who shall be solely
responsible for ensuring that such structures and other uses remain in good and safe condition. Permittees are advised that other
federal, state and local safety standards may govern the occupancy and use of the District's lands and works. The District assumes
no duty with regard to ensuring that such uses are so maintained and assumes no liability with regard to injuries caused to others by
any such failure.
2) Permittee solely acknowledges and accepts the duty and all associated responsibilities.to incorporate safety features, which
meet applicable engineering practice and accepted industry standards, into the design, construction, operation and continued
maintenance of the permitted facilities/authorized use. This duty shall include, but not be limited to, permittee's consideration of the
District's regulation and potential fluctuation, without notice, of water levels in canals and works, as • well as the permittee's
consideration of upgrades and modifications to the permitted facilities/authorized use which may be necessary to meetany future
changes to applicable engineering practice and accepted industry standards. Permittee acknowledges that the District's review and
issuance of this permit, including, but not limited to, any field inspections performed by'the District, does not in any way consider or
ensure that the permitted facilities/authorized use is .planned, designed, engineered, constructed, or will be operated, maintained or
modified so as to meet applicable engineering practice and accepted industry standards, or otherwise provide any safety protections.
Permittee further acknowledges that any inquiries, discussions, or representations, whether verbal or written, by or with any District
staff or representative during the permit review and issuance process, including, but not limited to, any field inspections, shall not in
any way be relied upon by permittee as the District's assumption of any duty to incorporate safety features, as set forth above, and
shall also not be relied upon by permittee in order to meet permittes's duty to incorporate safety features, as set forth above.
3) Permittee agrees to abide by all of the terms and conditions of this permit, including any representations made on the permit
application and related documents. This permit shall be subject to the requirements of Chapter 373, F.S., and Chapter 40E-6,. F.A.C.,
including all subsequent rule and criteria revisions. Permittee agrees to pay all removal and restoration costs, investigative costs,
court costs and reasonable•attorney's fees, including appeals; resulting from any action taken by the District to obtain compliance with
-the conditions of the. permit or removal of the permitted used If District legal action is taken by staff counsel, 'reasonable attomey's
fees" is understood to mean the fair market value of the services provided, based upon what a private attorney would charge.
4) This permit does not create any vested rights, and except for governmental entities and utilities, is revocable at will upon reasonable
prior written notice. Permittee bears all risk of loss as to monies expended in furtherance of the permitted use. Upon revocation, the permittee
shall promptly modify, relocate or remove the permitted use and properly restore the right of way to the District's satisfaction. In the event of
failure to so comply within the specified time, the District may remove the permitted use and permittee shall be responsible for all removal and
restoration costs.
6) This permit does not convey any property rights norlany rights or privileges other than those specified herein and this permit
shall not, in any way, be construed as an abandonment or any other such impairment or disposition of the District's property rights.
The District approves the permitted use only to the extent ofits interest in the works of the District. Permittee shall obtain all other
.necessary federal, state, local, special district and private authorizations prior to the start of any construction or alteration authorized
by the permit Permittee shall comply with any more stringent conditions or.provisions which may be set forth in other required
permits or other authorizations. The District, however, assumes no duty to ensure that any such authorizations have been obtained or
to protect the legal rights of the underlying fee owner, in those'instances where the.Distdct owns less than fee.
6) Unless specifically prohibited or limited by statute, Permittee agrees to indemnify, defend and save the District (which used
herein includes the District and its past, present and/or future employees, agents, representatives, officers and/or Governing Board
members and any of their successors and assigns) from and against any and all lawsuits, actions, claims, demands, losses,
expenses, costs, attorneys fees (including but not limited to the fair market value of the District's fn-house attorneys' fees based upon
private attorneys' fees/rates), judgments and liabilities which arise from .or may be related to the ownership, construction, maintenance
or operation of the permitted use or the possession, utilization, maintenance, occupancy or ingress and egress of the Districts right of
way which arise directly or indirectly and are caused in whole or in part by the acts, omissions or negligence of the Permittee or of
third parties. Permittee agrees to provide legal counsel acceptable to the District if requested for the defense of any such claims.
7) The District does not waive sovereign immunity in any respect.
8) The permittee shall not engage in any activity regarding the permitted use which interferes with the construction, alteration,
maintenance or operation of the works of the District, including:
a) discharge of debris or aquatic weeds into the works of the .District;
b) causing erosion or shoaling within the works of the District;
c) planting trees or shrubs or erecting structures which limit or prohibit access by District equipment and vehicles, except as maybe
authorized by the permit. Permittee shall be responsible for any costs incurred by the District resulting from any such interference, as set forth in
(a), (b), and (c), above.
Permittee shall be responsible for any costs incurred by the District resulting from any such interference, as set forth In a), b), and c), above;
d) leaving construction or other debris on the District's right of way or waterway;
e) damaging District berms and levees;
Form 0122-OP (07/2013) Page 2 of 4 ._
174
g) the removal of District owned spoil material;
h) removal of or damage to District locks, gates, and fencing;
1) opening of District rights of way to unauthorized vehicular access; or
j) running or allowing livestock on the District's right of way.
9) The District is not responsible for any personal injury or property damage which may directly or indirectly result from the use
of water from the District's canal or any activities which may include use or contact with water from the District's canal, since the
District periodically sprays its canals for aquatic weed control purposes and uses substances which may be harmful to human health
or plant life.
10) Permittee shall allow the District to Inspect the permitted use at any reasonable time.
11) Permittee shall allow, without charge or any interference, the District, its employees, agents, and contractors, to utilize the
permitted facilities before, during and after construction for the purpose of conducting the District's, routine and emergency, canal
operation, maintenance, and construction activities. To the extent then; is any conflicting use, the Districts use shall have priority over
the permittee's use.
12) This permit is a non-exclusive revocable license: Permittee shall not interfere with any other existing or future permitted
uses or facilities authorized by the District
13) - The District has the right to change, regulate, limit, schedule, or suspend discharges into, or withdrawals from, works of the
District in accordance with criteria established by the Big Cypress Basin, the District, or the U. S. Army Corps of Engineers for the
works of the District
14) If the use involves the construction of facilities for a non exempt water withdrawal' or surface water discharge, the applicant
must apply for and obtain a water use or surface water management permit before or concurrently with any activities which may be
conducted pursuant to the right of way occupancy permit
15) The District shall notify the local ad valorem taxing iauthority of the lands affected by the permitted use, where the permittee
owns the underlying fee and derives'a substantial benefit from the permitted use. The taxing authority may reinstate such lands on
the 'tax roll. Failure to pay all taxes in a timely manner shall result in permit revocation. Such permit revocation shall not alleviate the
responsibility of the permittee to pay all taxes due and payablee. .
16) Permittee shall provide prior written notice to their si ccessors in title of the permit and its terms and conditions.
17) Permitteeauthorizes the District to record a Notice of Permit through filing the appropriate notice in the public records of the
county or counties where the project.is located. Governmental entities and utilities are not subject to this provision.
18) Permittee shall be responsible for the repair or
which are damaged as a result of the installation or maint
19) All obligations under the terms of this permit
several as to all owners.
20) It is the responsibility of the perrnittee.to make
be the responsibility of the permittee's contractors to t
accordingly.
ment of any existing facilities located within the District's right of way
of the authorized facility.
zation and any subsequent modifications hereto shall be joint and
bidders aware of the terms and conditions of this permit It shall
the terms and conditions of this permit and govem themselves
21) It is the responsibility of the permittee to bring to the attention of the District any conflict in the permit authorization or permit
conditions in order that they may be resolved prior to the start of construction. in resolving such conflicts the District's determination
will be final.
22) Special Conditions that are site specific shall be incorporated into every permit as may be necessary in the best Interest of
the District.
23) The District is not responsible for the repair of or claims of damage to any facilities and uses which may incur damage
resulting from the District's utilization of its rights of way or.use by third parties. Improvements placed within the right of way are done
so at the sole risk of the owner.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085(1), 373.086, 373,103, 373,109, 373.129, 373.1395, 373.603,
373.609, 373.613 FS. History —New 9-3-81, Formerly 16K-5.01(2), 16K 5.02(2), 161<5.03(2), 16K 5.04(4), 16K 5.05, Amended
5-30-82, 12 29-86, 12-24-91, 9-15-99
Form 0122-OP (07/2013) 175 Page 3 of 4
In compliance with provisions of Chapter 373, Florida Statutes and Chapter 40E-6, Florida Administrative Code, application is hereby
made for a Right of Way Occupancy Permit in accordance with support drawings, data. and incidental information filed with this
application and made a part of this application. I hereby certify that all information contained in or made a part hereof is,true and
correct to'the best of my knowledge, that any permit issued shall require that the permitted use be constructed and operated in
accordance with such information.
I further certify that I have read the Standard Limiting Conditions appearing on this application and understand that said conditions will
be incorporated within any permit issued pursuant to the application, unless expressly waived by the Governing Board. I further
acknowledge that the SFVVMD may incorporate additional special conditions as may be necessary in the best interest of the District.
In signing this application, I acknowledge that failure to comply with all conditions of this permit may result in permit revocation,
financial assurance or bond forfeiture, and remedial action against me by the SFWMD. I assume :full responsibility for the actions of
all my employees, agents and persons,, whether under direct contractual obligation to me or indirectly, with respect to compliance with
the conditions and limitations contained within this application or within a permit issued as a result of this application.
NOTE: Either Permittee/Owner r—Agent can sign
CHRISTOPHER TARABA
Permittee/Owners Name (print or type) aers Nam (sign)
BRUCE JERNER
Agent Name (print or type) Agent Name (sign)
'Please be sure the following accompany thesubmittal of your application:
Application Processing Fee (if applicable)
8 W x W'Drawings describing the use or facilities
All other information as outlined in the Criteria Manual
Submit the original application package and 3 duplicates
Form 0122-OP (07/2013).
176
11 /6/2b
Date
11/6/20
Date
ND.Y 2 5 2020
R1GfITT C'N W,
IV
2.0,-i 11.25- 1
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Page 4 of 4
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Project sl 7
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BAY ST LUCIE POA
RIVERBEND TRACE
PORT STLUCE
jerner &Associates, Iftc.
Environmental Consulting
2537SEAlfonsoAm PortSt Lucid FL34952
PIL(772)283-2950
JERNEMBELLSOUTHNET
Date: 1114120
Sheet I
010
20!
qw
SYSTEM
16'
3'
PROPOSED 24K
BOAT LIFT
BAY ST LUCIE POA
RIVERBEND TRACE
. PORT STLUCE
jerner &Associates, Inc.
Environmental Consulting
2537SEAlfonsoAvei PortStbkicFL34952
Ph.(772)283-2950 - JERNEWBELLSOLnHNET
V'= 20'
Date: 1114120 SHEET2
Pier Section Thru
Pier Plan View
Live Load 40 lbs. / Sq Ft
Dead Load 5lbs. /Sq Ft
3'
14 ON
SGL Bolts, Nut,
a Washers 5/8" S.S. —
(304) w Nut Fully
Threaded
3'
2"X 6" SYP Decking w %"
plank spacing. Fasten w
#10 3" SS (304) Screws,
2 per Stringer
d• k� t
2"x 6"P.T. SYP, .40
ACQ treated stringers to
be butt jointed, butt
_.._.._.._.._.._._ _..MIiW._.._ joints to be staggered.
_ 2"x8"P.T. SYP, .40—
MLW
_. _.._.._.._.._.._.. _. _.._. _.._ ACQ treated DBL bents
New Pilings jetted to a minimum depth of 6' and as
necessary to provide adequate bearing and stability
VIA
,k
BAY ST LUC1E POA
RIVERBEND TRACE
PORT ST LUCE
_ Min. 8" Dia. 2.5 .
CCA treated piles
Design Windload Information
Code: FBC 2017 6THADD/FRC 2017/
ASCE 7-10
Wind Speed: 170 MPH, 3 Second Gust
Exposure D"
Importance Factor. 1.0
Internal Pressure Coeff.: 0.00
Height. <10 Ft. Mean
Stringers 24" T]
O.C. Max
Center Stdnger(s) toe Nailed w (2) #16 SS (304) Ring
Shank Nails @ Each Bent, Outside Stringers Face Nailed
w #16 SS (304) Ring Shank Nails Inside or Outside
Jerner &Associates, Inc.
Environmental Consulting
2537SEA1fonsoAva Pon St LudyEL34952
Ph.(772)283-2950
JERNEMBELLSOLITH.NET
Date: 1114120
SHEET 3