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HomeMy WebLinkAboutNOTICE OF GENERALSCANNED BY St. Lurie CGOV SFWMD NOTICE GENERAL PERMIT NO. MOD 11628 0 (NON -ASSIGNABLE) 9l99 DATE ISSUED: June 11, 2018 THORIZING: EXISTING CONCRETE WALKWAY, TEN (10) EXISTING MOORING PILES AND EIGHT (8) PROPOSED PILES ASSOCIATED WITH TWO (2) BOAT LIFTS WITHIN THE NORTHWEST RIGHT OF WAY OF C-23A (NORTH FORK ST. LUCIE RIVER) AT THE REAR OF 12132 RIVERBEND ROAD, PORT ST. LUCIE. CATED IN: ST. LUCIE COUNTY, SECTION 22 TOWNSHIP 37S RANGE 40E ISISl1iE[3'�©�/E� ST. LUCIE LOT 16, LLC ll IL 17 2018 1655 BREAKERS W. BLVD. WEST PALM BEACH, FL 33411 :otjnty, Permitting Attention: FRANK & DENISE PANTALEO Thispermit is issued pursuant to Application No. 18-0503-1 M dated May 3, 2018 and permittee's agr ement to hold and save the South Florida Water Management District and its successors harmless from any and all ;., amages, claims or liabilities which may arise by reason of the construction, maintenance or use of the work or struFture 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 'i rders of the District and shall alter, repair or remove his/her use solely at his/her expense in a timely fashion. Per' i1ttee 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 co lying with any law, regulation, or requirement affecting the rights of other bodies or agencies. All structures and wor s 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 an} jjfight or entitlement, either legal or equitable, to the continued use of the District works or lands. Since this permit conj', eys no right to the continued use of the District works or lands, the District is under no obligation to transfer this perit to any subsequent party. By acceptance of this permit, the permittee expressly acknowledges that the permittee beas all risk of loss as a result of revocation of this permit. PROPOSED MUST BE COMPLETED ON OR BEFORE June 30, 2019. this permit is void and all rights there under are automatically canceled unless permittee applies for, in writing, for extension to the construction period and such request is received by the District on or before the expiration such request is granted, in writing, by the District. SPECIAL CONDITIONS (SPECIFIC PROJECT CONDITIONS) D LIMITING CONDITIONS ON ATTACHED SH ETS ARE A PART OF THIS DOCUMENT. FILED ON J BY: n Hixenbau , J.D., AICP CUD Section Administrator D PUTY CLERK Right of Way Section O iginal Mailed to Permittee on Michelle Reichert Copy to: linenviron@gmail.com OKEECHOBEE FIELD STATION (863) 462-5280, Extension 3145 PERMIT NO. MOD V, 1, 2018 CONDITIONS ARE AS FOLLOWS: I' UNLESS OTHERWISE NOTED BELOW, ALL WORK AUTHORIZED BY RIGHT OF WAY OCCUPANCY PERMIT NO. 11628 1i 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 DISTRICT'S RIGHT OF WAY, THE PERMITTEE IS REQUIRED TO CONTACT THE DISTRICT'S FIELD REPRESENTATIVE LISTED ON THE FACE OF THIS PERMIT AND SCHEDULE A PRE -CONSTRUCTION MEETING. 3. IMMEDIATELY UPON COMPLETION OF THE AUTHORIZED WORK, THE PERMITTEE SHALL CONTACT THE DISTRICT'S FIELD REPRESENTATIVE LISTED ON THE FACE OF THIS PERMIT SO THAT A FINAL INSPECTION MAY BE SCHEDULED. 4. 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. THE PERMITTEE SHALL COMPLY WITH ANY MORE STRINGENT CONDITIONS SET FORTH IN OTHER REQUIRED PERMITS AND APPROVALS. . THE MOORING PILES MUST BE LOCATED ADJACENT TO THE LANDOWNERS LOT WITHIN THE EXTENSION OF THE -LOT LINES, AS EXTENDED PERPENDICULAR FROM THE CENTERLINE OF THE CANAL. . THE DOCKING FACILITIES, INCLUDING ASSOCIATED MOORING FACILITIES AND VESSELS MOORED THERETO, MUST NOT EXTEND INTO THE CHANNEL MORE THAN 25% OF THE ENTIRE WIDTH OF THE CANAL (AS MEASURED FROM EITHER MEAN HIGH WATER OR BULKHEAD LINE, WHICHEVER APPLIES). THIS PERMIT DOES NOT AUTHORIZE THE MOORING OF MORE THAN THREE (3) VESSELS WITHIN THE DISTRICT'S RIGHT OF WAY. ' 8. THE PERMITTEE SHALL NOT USE OR ALLOW THE USE OF ANY PORTION OF THE DOCKING FACILITIES OR ASSOCIATED APPURTENANCES AS EITHER A TEMPORARY OR PERMANENT PLACE OF RESIDENCE; NOR SHALL THE PERMITTEE MOOR OR ALLOW THE MOORING OF HOUSEBOATS OR OTHER VESSELS BEING USED AS EITHER A TEMPORARY OR PERMANENT PLACE OF RESIDENCE. . THIS PERMIT DOES NOT AUTHORIZE THE INSTALLATION OF ELECTRICAL SERVICE WITHIN THE DISTRICT'S RIGHT OF WAY. THE ISSUANCE OF A FORMAL MODIFICATION OF THIS PERMIT BY THE DISTRICT WILL BE NECESSARY PRIOR TO ANY ADDITIONAL FACILITIES PLACED WITHIN THE RIGHT OF WAY. I0. THE PERMITTEE SHALL BE RESPONSIBLE FOR MAINTAINING THE DISTRICT'S RIGHT OF WAY ADJACENT TO PERMITTEE'S PROPERTY, AS WELL AS THE ADJACENT CANAL BANK WITHIN PERMITTEE'S EXTENDED LOT LINES. PERMITTEE MAINTENANCE REQUIREMENTS SHALL INCLUDE, BUT ARE NOT LIMITED TO FLAT MOWING, REMOVAL OF EXOTIC VEGETATION AND BANK STABILIZATION. 1. THE DISTRICTS FIELD REPRESENTATIVE SHALL HAVE SOLE AUTHORITY TO DETERMINE WHETHER THE 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 THE PERMITTEE DURING APPLICATION PROCESSING, AND SUPPORTING DOCUMENTS INCORPORATED INTO THE PERMIT FILE. IN THE EVENT THAT THE DISTRICTS FIELD REPRESENTATIVE DETERMINES THAT THE PERMITTEE'S ACTIVITIES ARE NOT IN CONFORMANCE, HE/SHE SHALL ISSUE A STOP WORK ORDER TO THE 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 DISTRICT'S RIGHT OF WAY IMMEDIATELY UPON RECEIPT OF THE STOP WORK ORDER. 2. IN ISSUING THIS PERMIT, THE DISTRICT IS NOT RELINQUISHING ANY OF ITS RIGHTS; PARTICULARLY ITS RIGHT TO USE THE CANAL RIGHT OF WAY FOR ACCESS TO PERFORM MAINTENANCE OPERATIONS ALONG THE CANAL. THESE MAINTENANCE OPERATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, INSPECTIONS, POST STORM RECOVERY OPERATIONS, TREE AND VEGETATION MANAGEMENT PROJECTS OR CHANNEL, BANK OR SHORELINE IMPROVEMENT PROJECTS AND ALSO INCLUDE FUTURE CANAL IMPROVEMENT INITIATIVES. j 3. THIS PERMIT DOES NOT AUTHORIZE THE EXISTING TREES WITHIN THE DISTRICTS RIGHT OF WAY. AT A FUTURE DATE, A TREE REMOVAL PROJECT MAY BE INITIATED BY THE DISTRICT OR A REVIEW OF THE AREA MAY RESULT IN TREES BEING APPROVED UNDER A MODIFICATION OF THIS PERMIT. 4, 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 PERMIT AND GOVERN THEMSELVES ACCORDINGLY. 15. THE PERMITTEE IS PUT ON NOTICE THAT, PRIOR TO THE PLACEMENT OF ADDITIONAL FACILITIES OR ALTERATIONS TO EXISTING FACILITIES OTHER THAN THOSE AUTHORIZED BY THIS PERMIT, A MODIFICATION OF THIS PERMIT WILL FIRST BE REQUIRED_ 16. A COPY OF THE PERMIT PACKAGE WILL BE KEPT AT THE JOB SITE UNTIL COMPLETION OF ALL PHASES OF CONSTRUCTION AND ACCEPTANCE OF THE CONSTRUCTED FACILITIES AND RESTORATION OF THE RIGHT OF Page 1 PERMIT NO. MOD 1 <8 June11, 2018 SPECIAL CONDITIONS ARE AS FOLLOWS: ,III WAY BY THE DISTRICT'S FIELD REPRESENTATIVE. 17 THE PERMITTEE SHALL BE RESPONSIBLE FOR THE REMOVAL OF ALL CONSTRUCTION MATERIALS AND DEBRIS FROM THE DISTRICTS CANAL AND RIGHT OF WAY; AND, FOR THE REPAIR, REPLACEMENT AND RESTORATION OF ANY SECTIONS OF THE DISTRICT'S RIGHT OF WAY DAMAGED OR DISTURBED AS A RESULT OF THE ACTIVITY AUTHORIZED BY THIS PERMIT, RESTORATION SHALL BE TO THE SATISFACTION OF THE DISTRICT AND MAY INCLUDE PLACEMENT OF FILTER FABRIC CLOTH, RIP -RAP AND/OR GRADING/RE-SHAPING, SEEDING, RE - SODDING WITH ARGENTINE BAHIA GRASS OR OTHER SPECIES RECOGNIZED BY THE DISTRICT AS DROUGHT TOLERANT. 18 SHOULD THE AUTHORIZED ACTIVITIES OR PLACEMENT OF THE AUTHORIZED FACILITIES WITHIN THE DISTRICTS RIGHT OF WAY OR MAINTENANCE OF SAME ATTRIBUTE TO SHOALING, EROSION OR WASH -OUTS OF THE DISTRICTS RIGHT OF WAY, BERM OR SIDE SLOPE OF THE CANAL, IT IS THE PERMITTEE'S SOLE RESPONSIBILITY AND EXPENSE TO, UPON NOTIFICATION FROM THE DISTRICT, IMMEDIATELY TAKE APPROPRIATE STEPS TO RESTORE THE RIGHT OF WAY TO THE SATISFACTION OF THE DISTRICT. 1 THE PERMITTEE IS PUT ON NOTICE THAT THE DISTRICT HAS NO CONTROL OVER THE SALE OR TRANSFER OF REAL OR PERSONAL PROPERTY. THEREFORE, IT IS THE SOLE OBLIGATION OF A PERMITTEE TO DISCLOSE THE EXISTENCE OF THIS RIGHT OF WAY OCCUPANCY PERMIT, INCLUDING ITS TERMS AND CONDITIONS TO PROSPECTIVE PURCHASERS. UPON CONVEYANCE OF THE PROPERTY, THE NEW OWNER MUST SUBMIT A WRITTEN REQUEST THAT THE DISTRICT TRANSFER THE PERMIT INTO HIS/HER NAME(S). 20. BASED ON THE DISTRICT'S RECORDS, THE DISTRICT IS NOT THE UNDERLYING FEE OWNER OF PORTIONS OF OR ALL THE LANDS SUBJECT TO THIS PERMIT; THEREFORE, PERMITTEE SHALL BE REQUIRED TO OBTAIN ALL NECESSARY APPROVALS FROM THE UNDERLYING FEE OWNER AS REQUIRED UNDER STANDARD LIMITING CONDITION NO.5. Page 2 . 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 j 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. (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 permit 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 --New 9-3-81, 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, i Application to the South Florida Water Management District for Issuance of a Right of Way j Occupancy Permit 3301 Gun Club Road, West Palm Beach, FL 33406-3067 Telephone (861) 686-8800 FL WATS Line 1.800432.2045 Attention: Right of Way Permitting Application.No. ';. 146- d503 PermitteelOwner(s) Full Name.(include all PemtitteelOwner(s) if applicable) ST. LUCIE LOT 16 LLC 1 I Q Emall Addres ^ � / AM �f (� a Street Address 1655 BREAKERS WEST city State ZIP Telephone No. I 133411 BLVD. WEST PALM BEACH FL Agents' Name (if applicable) LINDA PETZ Email Addms. lln*environ@gmall.com StreetAddress City State ZIP Telephone No. 2469 SE DIXIE HWY STUART FL 34998 1 772-285-5529 REQUESTED USE ❑ New Permit ® Modification of Existing Permit (Permit Number) 11628 ❑ Proposed Fidsting Both LOCATION OF PROJECT Note: Copyof recent P-mpertylboundarmv surveyand eedal map of property tied to a well-known landmark must beprovided) Work or Lend (canal or levee) Involved County Section Township TFange C-23A ST. LUCIE 22 37 south 0East Lot No. Block No. Subdivision Name 16 BAY ST. LUCIE SUBDIVISION DESCRIPTION OF PROJECT Note: Check all usesNadlnies that apply) ❑ Bridge ❑ Buakhead/Seawall ❑ Culvert ❑ Deck ❑ Fencing ❑ Lends-xping ❑ Temporary Use (accesslstorage) ❑ Utuity installation ® Other(inciude description below) 10 EXISTING PILINGS AND PROPOSED PILINGS WITH 2 BOAT LIFTS AT THE REAR OF 12132 RIVERBEND RD. li ,I I i i Form 0122-OP (0212016) Page 1 of 4 I I I 40E-6.381 LIMITING CONDITIONS /?-0603 /tit The District's authorization to utilize lands and other works constitutes a revocable license (including both notice general permits and standard permits). In consideration far 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.ands constructed by permltlee shall remain the property of permltlee, 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, permitted'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 facilitiestauthorized 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 notin any way consider or ensure that the permitted facilifieslauthodzed 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, byor 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 Disirict'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 permitted'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 gears all risk of loss as to monies expended in furtherance of the permitted use. Upon revocation, the permittee shall promptly mo Jify, relocate or remove the permitted use and properly restore the right of way to the Dlstricfs 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. Perml(tee 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 anymore stringent conditions or provisions which maybe 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, Perrnittee 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 Districts In-house attorneys' fees based upon private attorneys' fessfeates), judgments and liabilities which arise from or may be related to the ownership, construction, maintenance or operation of the permitted use or the possession, uUliiation, 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. 8) The permitted 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; q) planting trees or shrubs or ere piing 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 (a), 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 Distrlcrs right of way or waterway; e) damaging District berms and levees; Yam` Form 0122-OP (0212016) Page 2 of 4 t) 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 Q 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 anyactivities which may include use oreonlact with water from the Districts 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 fine. 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 Districts, 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. Any Corps of Engineers for the works of the District. 14) If the use involves the construction of facilities for anon 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 activates which may be conducted pursuant to the right of way occupancy permit. 16) 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 roil. Failure to pay all taxes in a timely manner shall result In permit revocation. Such permit revocation shall not alleviate the responsibility of the perms tee to pay all taxes due and payable. 16) Permittea shall provide prior written notice to their successors in title of the pennit and Its terms and conditions. 17) Permittee authorizes the District to record a Notice of Pemtltlhrough 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 shalt 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) Ali obligations under the terms of this permit authorization and any subsequent modifications hereto shag be joint and several as to all owners. 20) It is the responsibility of the pennittee to make prospective bidders aware of the terms and conditions of this permit. It shall be the responsibility of the permitWe contractors to understand the terms and conditions of this permit and govern themselves accordingly. 21) It is the responsibility of the pernittes to bring to the attention of the District any conilct in the permitauthodzation or permit conditions in order that they may be resolved prior to the start of construction. In resolving such conflicts the Districts determination will be final. 22) Special Conditions that are site specifle shall be incorporated into every permit as may be necessary to the best interest of the Dishlcf. 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 tight of way are done so at the cote risk of the owner. Ridemaking Authadty 373.044, 373.113 FS. law Implemented 373.085(1), 373.080, 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), 18K-5.03(7), 18K 5.04(4), 16K-6.05, Amended 5.30.82,12.29-86,12 24-91, 9.15.99 Form 0122.OP (0212010) Page 3 of 4 0503. In compliance with provislans of Chapter 373, Florida Statutes and Chapter4l)E-6, Rodda Administrative Code, application is hereby made for a Right of Way Occupancy Permit In accordance with support drawings, data and Incidental information tiled 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 coned to the best of my knowledge, that any permit issued shag require that the permitted use be constructed and operated in accordance with such information. I further cedifythat I have read the Standard Urniting 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 Amber acknowledge that the SFWMD 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 lorfelture, 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 PermitteelOwner—or— or Please be sure the following accompany the submittal of your application: Application Processing Fee (if applicable) 8 W' x 11" Drawings describing the use or facilities All otherinformatlon as outlined in the Criteria Manual Submft the original application package and 3 duplicates Form 0122.OP (022t116) can elan 4111 Date Page 4 of 4 -u P it � �'�"� t .4x � � �L. s �F. "�" ��"'s x ✓1st � �f �, r •��AA{P w` t( � /' FLA3r498h r , Y �'' f !r+ 3� ti r t t �.. 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TO BE .10' INTO THE SAND BOTTOM OR 5' INTO ROCK STRATA, SUB -SURFACE CONDITIONS CAN -VARY GREATLY, TH£ CONTRACTOR SHALL 'VERIFY ALL PILE CAPACITIES TO COMPLY wnN FBC 2017. ALL PILINGS TO BE 10" MINIMUM DIAMETER 2.5 C. C. A PRESSURE TREATED WOOD, PRE -STRESSED CONCRETE OR COMPARABLE EQUIVALENT. FI EWRICAL RFV/EN! 1 HP ELECTRIC MOTOR X? F F 7Rl .A R WEW. 2 HP £LEC7RIC MOTOR -- AMPS 0 115V EACH -- AMPS B 115V EACH 6.4 AMPS 0 230V EACH 124 AMPS,® 23DV EACH OUANTITY 2 QUANTITY• TOTAL WATTS 2944 .2 TOTAL WATTS 5704 .24,D00 LB, 4 .PILE GEAR DRIVE & GEAR DRIVE X2 BOAT LIFT (2017 FBC) R HVVE SCALE WS DATE• 112118 REV 7 3-1 V4 NOTE TO EXAMINER 7HIS CERTIFIED ENGINEERED DRAWNG HAS BEEN PREPARED SPECIRCALLY FOR USE .ONLY BY.• °°oo°°000°egg y aaa�aaaOdooO R oo°o° C E IV o° O L o NO.43M o o * DA��� . P 0 F as a 'P 8TA7EOF moo 0 o°e 4-6-0 L O R : �' r- 0000a9I ON A 1. O oO08vaeoaaoop0°�o 42) ROGER SABER RE NO. 43655 MCR PROFESSIONAL ENGINEERING C A. NO. 26957 7014 NE PINELAKE DR STUART, FL 34994 PILING MOUNTING TABS MINIMUM (2) 3/8" DIA. SS LAG BOLTS FOR WOOD PILING OR SS CONCRETE ANCHORS FOR CONCRETE PILINGS. PER PILING REQU/RED.)4INIMUM (2) 5/8" DIA. SS CARRIAGE BOLT FOR ATTACHING MOUNTING TAB TO LIFT REQUIRED PER PILING. MOUNTING TAB CONSTRUCTED FROM 1/4" X 2" ALUMINUM 6061 -T8 FLAT BAR. �O � BOATLIFTS AND MARWE PRODUCTS �0` •` '� FORT PIERCE, FLROAD 34981 1-800-544-0735 www.bi-ide.com ENGINEERING REVIEW. NOTE TO EXAMINER: BOAT LIFT TOP CARRIER BEAMS AND THIS CERTIFIED ENGINEERED MOUNTING BRACKETS COMPLY WITH WIND DRAWING HAS BEEN PREPARED r n.0 v c (2017) FLORIDA BUILDING CODE, PER ASCE 7, AND PER DESIGN LOAD REQUIREMENTS OF THE 2015 EDITION ALUMINUM ASSOCIATIONS S ALUMINUM DESIGN MANUAL. BEAMS AND MOUNTING BRACK, INSTALLED PER HI -TIDE INSTRUCTIONS EXCEED ULTIMATE DESIGN WIND SPEEL 180 MPH (EXPOSURE CATEGORY C 0) BOA7S ARE TO BE REMOVED FROM BC LIFTS PRIOR TO A MAJOR WIND EVEN PILINGS: PILING PENETRATION TO BE 10' INTO THE SAND BOTTOM OR 5' INTO ROCK STRATA, SUB -SURFACE CONDITIONS CAN VARY GREATLY, THE CONTRACTOR SHALL VERIFY ALL PILE CAPACITIES TO COMPLY WITH FBC 201 Z ALL PILINGS TO BE 10" MINIMUM DIAMETER 2.5 C. C. A PRESSURE TREATED WOOD, PRE —STRESSED CONCRETE OR COMPARABLE EQUIVALENT. ELEC7RICAL REVIEW. 1 HP ELECTRIC MOTOR X2 EL 2 HP -- AMPS ® 115V EACH -- Ai 6.4 AMPS @ 230V EACH 12.41 QUANTITY 2 QUAN; TOTAL WATTS. • 2944 TOTAL S7. Y �' • � o°00000°0°°oo0c00°00000 � o O C E N@ 6 0000 N0.438's 0 � o it "\ yt V D JUL31 T 2018 o STATE OF v� o �o ORI 0 °OOo 8 o00 N A� ROGER BABER. P.E. NO. 43855 R PROFESSIONAL ENGINEERING C.A. NO. 26967 1014 NE PINELAKE DR. S7UART, FL 34994 fVG MOUNTING TABS IUM (2) 3/8" DIA. SS LAG 'S FOR WOOD PILING OR 'ONCRETE ANCHORS FOR 'RETE PILINGS PER PILING IIRED.MINIMUM (2) 3/8" SS CARRIAGE BOLT FOR LCHING MOUNTING TAB TO REQUIRED PER PILING. VTING TAB CONSTRUCTED FROM 1/4" X 2" ALUMINUM 6061-T6 FLAT BAR. 24,000 LB. 4 PILE GEAR DRIVE & O BOATL/FTS AND MARINE PRODUCTS GEAR DRIVE X2 BOAT LIFT (2017 FBC) 0917 _ 4050 SELW77 ROAD FORT PIERCE, FL 34981 R. HYDE SCALE. NTS DATE. 1/2/18 REV 1 1-800-544-0735 www.hi-fide.com DESCM aV ENGINEERING REVIEW. BOAT LIFT TOP CARRIER BEAMS AND MOUNTING BRACKETS COMPLY WITH CODE, PER ASC£ 7-10, AND PER DESIGN LOAD REQUIREMENTS OF THE 2015 EDITION ALUMINUM ASSOCIATInN'e ALUMINUM DESIGN MAN BEAMS AND MOUNTING BRAC INSTALLED PER HI —TIDE INSTRUCTION.' EXCEED ULTIMATE DESIGN WIND SPE 180 MPH (EXPOSURE CATEGORY C BOATS ARE TO BE REMOVED FROM LIFTS PRIOR TO A MAJOR WIND EV PILINGS PILING PENETRATION TO BE 10' INTO THE SAND BOTTOM OR 5' INTO ROCK STRATA, SUB —SURFACE CONDITIONS CAN VARY GREATLY, THE CONTRACTOR SHALL VERIFY ALL PILE CAPACITIES TO COMPLY WITH 2017 FBC. ALL PILINGS TO BE 8" MINIMUM DIAMETER 2.5 C. C. A PRESSURE TREATED WOOD, PRE -STRESSED CONCRETE OR COMPARABLE EQUIVALENT. ELECTRICAL REVIEW. 1/2 HP ELECTRIC MOTOR 8.8 AMPS ® 115V EACH 4.4 AMPS ® 230V EACH QUAN77TY 2 TOTAL WATTS: 2024 JUL 1 7 _ ,q NOTE TO EXAMINER: THIS CER77FIED ENGINEERED DRAWING HAS BEEN PREPARED °op00000000000000000 0 oo°oo i� M e °O000 e 0 GE N 8 B o O r NO.4M p 0 0 VED JUh 17 STATE OF o 't O R 1 oo0 N A ROGER BARER P.E. NO. 43855 FCR PROFESSIONAL ENGINEERING C.A. NO. 26967 1014 NW PINELAKE DR. STUART, FL 34994 .ING MOUNTING TABS IMUM (2) 3/8" DIA. SS LAG .TS FOR WOOD PILING OR CONCRETE ANCHORS FOR ICRETE PILINGS PER PILING JUIRED.MINIMUM (2) 3/8" SS CARRIAGE BOLT FOR tit CACHING MOUNTING TAB TO LIFT REQUIRED PER PILING. MOUNTING TAB CONSTRUCTED FROM 1/4" X 2" ALUMINUM 6061—T6 FLAT BAR. 9, 000 LB. CODA GEAR BOAMIFTS AND MARINE PRODUCTS BOAT LIFT (2017 FBC) 09L4050 SELVITZ ROAD FORT PIERCE, FL 34981 R. HYDE SCALE: NTS DATE. 1/2/18 REV! 1 1-800-544-0735 www.hi-tide.com a SCOMM