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HomeMy WebLinkAboutENVIRONMENTAL PROTECTIONBY t)epar= Florida. Department of tias �@ ` Environmental Protection SOUTHEAST DISTRICT.OFFICE' - 3301 GUN. CLUB -ROAD- MSC 7210-1 . WEST .PALM BEACH, FL.33406 . . Beata► p< .561-681-6600 July2, 201:8 .: .......... Peter Mersberger:, Pres.-Harbour Cove -POA.. 2500'N. Military Trail Boca Raton,FL 33431 - - - - Sent via e-mail'to:-onlease .bellsouth.net Rick Scott :Governor Carlos Lopez-Cantera- Lt. Governor. Noah Valenstein Secretary RECEIVED - Re: File.No::-.56-0306709-010=EE- File Name: Harbour. Cove Slips 33. & 34 J-UL_ 2 7 1018 ST. Lucie Coun Permitting . DearMt. Mersberger: �'� On June - 8, 2018: we received your- application for an exemption ,to install two .boat lifts at an. existing multi -family docking facility.. The project is. 16 Cated.in the. Unnamed Canal, Class III Waters, adjacent.to 210. Harbour Cove. Drive (Section 2-5, 26, Township.34. South, Range 40 East); in St. Lucie County (Latitude N 27' :29' 11.5.7", Longitude W -80° � 18'. 21.24" ). Your request has been reviewed to determine:whether-it qualifies for (1) regulatory exemption, (2) proprietary authorization. (related .to state-owned submerged lands), and (3). federal approval that maybe necessary for work in wetlands -or waters of the United. States.' - Your project qualifies -for allthree. however, this letter -:'does .not relieve -you-from :the:'. responsibility of obtaining other. -federal; state,: or local -authorizations that'may be required for the - activity. 1. Regulatory Review — VERIFIED Based on the informationsubmitted, the Department has verified that. the activity as proposed is . exempt -under Chapter:62-330.051(5)(h), Florida Administrative Code, from. the need to obtain a regulatory permit underpart IV of Chapter -373 of the Florida Statutes. This exemption verification is. based on the information you provided the Department and the statutes and rules in effect when the information was submitted. ,This verification will expire after one year, and will not be. valid at any other time if site conditions materially change, the project design is modified, orthe statutes. or rules governing the exempt activity- are amended. However-; the activity may. still be conducted without further- notification to or verification from - the Department after the one-year expiration of -this verification,- provided: 1) 4he project-design'does www, dep. state: f/, us-PY _a roject No.:-56-0306709-010-EE roject Name: Harbour Cove Slips 33 8c 34 - - age 2 of 5 not change; 2) site conditions do not materially change; and:3).'there are no:changes:to the statutes . or rules governing the: exempt activity. 'In the event you -need to re -verify the exempt status for -the activity after -the one=year expiration- of.this verification; a new application.and verification.fee will be required.. Any substantial modifications to. the project design- should :be submitted to the Department.for review,.as_ changes may_result in a:permii being required. _Conditions of compliance with the regulatory exemption are contained in.Attachment A.:. 2.: Proprietary Review:— NOT REQUIRED The activitydoes not -appear -to be located on sovereign submerged-lands,.and does not require further authorization under chapter 253. of the . Florida 'Statutes, : or. chapter 18-21 of the Florida. - - Administrative Code. . 3: Federal Review— SPGP APPROVED -Your proposed activityas outlined on - your:application and-attached:drawirigs.qualifies for: Federal authorization -pursuant to the State: Programmatic :General Permit. V..:and :a separate -permit or authorization will not be requiredfrom the Corps. Please note that the-Fede-ral authorization expires on7uly:26, 202.L:.You, .as permittee, are required to. adhere.to.all General:Conditions and Special - conditions that inay._apply. to your project." .A copy of the SP.GP V with all terms and conditions. and the General Conditions may � ..: :be.. .found .. at . . . http://www..sai:usace.army.mil/Portals/44/does/re latoD/soiircebook/permitting/ eg neral�ermits /SPGP%SPGP.V=Permit%201nstrument=Complete.gdf?ver=2016-07-27=071925-250: Authority for review - an agreement - with the USACOE entitled - "Coordination .Agreement Between the U. S: Army Corps ofEngineers(Jacksonville. District) and -the Florida Department of Environmental Protection; or. -Duly Authorized Designee, State -Programmatic General -Permit'. Section 10:of the. Rivers.and Harbor Act.of 1899,: and 8ection.404:of.the Clean Water Act..: : Additional Information Please retain this. letter. The activities- maybe inspected by.authorized:state personnel. in the future to insure compliance With appropriate statutes and. administrative. codes. `If the activities are. not - in compliance, you maybe subjectto.penalties under Chapter 373; F.S:, and Chapter 18-14, F:A..C. NOTICE OF RIGHTS This action is final and effective on -the date filed with the Clerk of the Department unless a petition -for an administrative hearing i-S timely filed under Sections 120.569 and 120.57, F.S.; .before the: deadline for filing apetition: On the filing of.a timely and sufficient petition, this action=will not be final and effective until. further. order of. the. Department.' - Because' the -administrative hearing process is designed: to formulate final .agency action, the filing: of a petition .means .that the. Department's final -action_ may be different from the position taken byit in this notice. - . Petition -for Administrative Hearin A -person whose -substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under Sections 1.20.569 and 120..57, F.S:. Pursuant_to Rule 28 106.201,.F.A.C., a petition for an administrative hearing must-contain.the following information: (a) The name and address-- of each agencyaffected and each agency's. file or identification number; 'if known; (b) The name; address,.any email address; any facsimile number, and telephone number -of the petitioner; -'the name,' address, . and telephone. number of the petitioner's - representative, if any;. which -shall be the. address for service purposes during the course: -of. the proceeding- and an explanation of how the .petitioner's substantial. interests are or will be affected by ahe agency: determination; . . (c) A statement of when and:how the petitioner received notice of the agency decision; --(d) -A- statementof all disputed issues of material. fact. If there: are none, the pe . . tition . -must so indicate; (e) A concise. statement -of .the. ultimate facts alleged, including the specific facts that . . the petitioner. contends.warraiit reversal or -modification of the agency's proposed.action; . (f) A statement -of the. specific or statutes. that. the petitioner --contends require reversal -or modification.of -the .agency:'s`proposed action;. including an -explanation of how the alleged facts relate to the: specific -rules or statutes; -and: (g) A- statement of the. relief sought by the- petitioner, stating precisely the action .that the petitioner wishes"the:agencyto.take with respect:to the agency's proposed. action. The petition must be .filed (received 'by the Clerk) in the Office .of General -Counsel - of: the Department at 3900 Commonwealth -Boulevard, Mail- Station 35. Tallahassee, Florida 32399-3000.-- Also, a copy -.of the petition shall: be mailed to .the .applicant :at :the address indicated above .at .the . time of filing. Time Period for Filing- a Petition In accordance .with.Rule 62-110.1.06(3),. F.&C.).petitions .for .an administrative .hearing. by. the. applicant. -must be filed within 21: days of receipt this written notice: Petitions, fled by any , persons other than the :applicant, and :other :than those entitled to: written notice under :Section 120.60(3), F.S. rriustbe.filed within 21.days ofpublication ofthe notice orwithin 21 days of receipt' of the written notice; whichever occurs first. Under Section 120.60(3), F.S.,-however, any person . who has asked the Department for notice of agency action may -file 'a petition within 21.days of receipt of such notice; regardless of the date of publication. The -failure to file a -petition withinthe appropriate time period shall constitute a waiver of that. person's right to request an administrative determination (hearing) under Sections 120.569 and-120.57, F.S., or to intervene, in this proceeding and participate as a party to -it. Any subsequent intervention.(in a proceeding initiated by:another party) will be only at the discretion of the presiding ' officer .upon the filing of a motion in compliance -with Rule 28-106-.205, F.A.C. Extension of Time Under Rule 62-11-0.106(4), F.A.C., a :person: whose substantial interests are affected by -the .Department's action.may.also request: an extension-.of:time.to: file a petition -for an:administrative hearing: The Department may, for good cause -shown, grant the request:for an extension of time. Requests,for extension of time must be filed with the Office of General Counsel 7of.the Department at 3900 Commonwealth.Boulevard,-Mail Station 35jallahassee, Florida 32399-3000,-before the applicable deadline. for filing a petition for - .an :administrative hearing.-- A timely request. -for extension of time _shall. toll the running of the time-periodfor. filing_ a -petition until the request is acted upon: roject No.: 56-0306709-010=EE - - roject Name: Harbour Cove Slips 33:&34 age 4 of 5 edation Mediation is not.available in this proceeding. 1,'JFLAWAQ Review ;The applicant; or. any party within -the -meaning, of Section 373.114(1.)(a) or 373:4275; F.S.;.may also -.seek appellate. review of this order .before. the -Land and: Water Adjudicatory Commission under Section 373:.114(1): or: 373.4275, F.S. -' Requests: -for .review before the -Land: andWater AdjudicatoryCommission must be -filed-with:the .Secretary of the Commission.and-served on the Department within 20'days from.the�date-when the order.is:filed.with.the:Clerk of the Department: .. . .- ... .... . Judicial; Review. Any party to. this action has. the right to seek judicial review, pursuant to. Section 120.6.8; F.S.,-by .filing allotice.of.Appeal pursuant to Rules 9.110 and:9..190, Florida -Rules of Appellate Procedure, with : the Clerk of the Department" -in. the: Office of General -Counsel, : 3900 : Commonwealth Boulevard; M.S. 35, Tallahassee, Florida 32399-3000;-and by filing.a copy ofthe Notice of Appeal accompanied by -the applicable: filing fees with the. appropriate District .Court -of -Appeal...The Notice of Appeat-must be -filed within 3.0-days from the.date.this action is filed.with. the Clerk.'of the Department. Thank you. for applying to the Submerged Lands and Environmental -Resource Permit Program. If you have any questions. regarding this matter, please contact Bruce Kay at (561) 681-6695 -or by email at Bruce'.Kav(&floridadeD. aov . Execute.d in Orlando, Florida... STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Monica Sovacool Environmental :Manager Southeast District CERTIFICATE. -OF SERVICE ..... . The undersigned duly: designated deputy. clerk hereby certifies that: this permit and all: copies were sent on the filing: date below to the: following listed persons: A iapter 62-330.051 Exempt Activities. te activities meeting the limitations and restrictions below are exempt from permitting. However, located in, on, or over state-owned submerged lands, they are subject to a separate authorization der Chapters 253 and 258, F.S., and Chapters 18-18, 18-20, and 18-21, F.A.C., as applicable. (5) Dock, Pier, Boat Ramp and Other Boating -related Work — (h) The installation of a pile -supported boat lift within an existing mooring area at a docking lity that is legally in existence, provided: 1. Such installation does not conflict with a condition of a permit issued thereunder; 2. The boat lift does not include additional structures, such as platforms, cat walks, and roofs. for Fed The time limit for completing the work authorized ends on July 26, 2021. You must maintain the activity authorized by this permit in good condition and in formance with the terms and conditions of this permit. You are not relieved of this requirement if . abandon the permitted activity, although you may make a good faith transfer to a third party in ipliance with General Condition 4 below. Should you wish to cease to maintain the authorized vity or should you desire to abandon it without a good faith transfer, you must obtain a 3ification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner on the enclosed form and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Further Information: 1. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal projects. 2. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or Construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 3 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. 5. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CER 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date the enclosed form. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation or alteration. Department of the Army Permit Transfer for SPGP V NUMBER: DRESS/LOCATION OF PROJECT: DATE: (Lot) (Block) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite the permit itself, with its limitations does not expire To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, have the transferee sign and date below and mail to the U.S. Army Corps of Engineers, Enforcement Branch, Post Office Box 4970, Jacksonville, FL 32232-0019. (Transferee Signature) (Date) (Name Printed) (Street address) (Mailing address) (City, State, Zip Code) STANDARD MANATEE CONDITIONS FOR IN -WATER WORK 2011 he perm ittee shall :comply: with the following conditions -intended to protect- manatees from.direct roject effects:.. . 'a. AII'personnel associatedwith. jhe. project shall -be instructed about the -.presence of manatees and n a :m atee speed zones, -and the need to avoid 'collisions.with and.injury.to manatees..The permittee.shall. advise. all.constructio.n personnel-that.there.are-civif-and . criminal"penalties.for harming, harassing, or,killing manatees..which..are 'protected -under_ the Marine Mammal.Protection Act, the Endangered Species Act. and.the Florida Manatee Sanctuary Act._ b..'-All vessels associated with.the construction project shall.operate at -Idle -Speed%No Wake" at all--times'while in. -the- immediate.area and while in. -water where the -draft of the vessel provides less than aa. four -foot clearance from the bottom:'All:vessels _will follow routes :of: deep: water whenever -possible. c. Siltation or turbidity: barriers shall be made of material in which manatees cannot become entangled, shall be properly secured; -and shall- be.regularly monitored to avoid: Manatee" entanglement or entrapment.:Barriers-must, not impede manatee movement.: : d All on -site project personnel,are responsible for.observing:water-related activities for.the . " presence- of manatees All in water o erations',-includin vessels, must -be shutdown'if a- .- P (.). p. ... g... . .... ... manatee(s) .comes within 50:-feet. of, the. operation. -Activities- will, riot . resume -until the.. - manatee-(s)-has. moved beyond. the 5Q-foot radius, of the. project. operation;- r.until'30 .. . minutes- elapses.:if: the, manatees) has not reappeared: within- 50. feet= -of the operation: , Animals-must.not be herded away-.or.harassed into -leaving.'.'. e. Any collision with- or- injury -to a manatee. shall be- reported immediately to the .FWC Hotline is :at 1--888=404-3922. Collision. and/or.injury: should: also be -:reported -to .the- U.S.- Fish- and Wildlife Service.in Jacksonville (1 -904-731-3336).-for, north Florida or -Vero Beach. (1-77.2- 562-39Q9) for south Florida,:and to:FWC at..imperiledSpecieg(c-myFWC;corri I. "Temporary signs concerning" manatees: shall-.be'posted -.prior: to and: during: all in -water ro ect activities. -AII -si signs.are, to :be: removed b the;- ermittee .0 on com : letion of the I P.J 9. Y. P p. P- � .: -project.Temporary-signs that have already beenapproved_for this use by the florida Fish and:Wildlife Conservation Commission-(FWC) must be:used (see MyFWC:com/manatee): One sign.which=reads-Caution: Boaters must be posted. A second -sign measuring at least 81/2 by 11, explaining the:requ. ernents.for- Idle Speed/No Wake and the shut down of in=water- operations must. be -posted in a location prominently visible to- all personnel engaged. in water=related activities, -Questions'concerning-these.signs.can be sent -to the email -address 11sted'aboye. - - i .... .... .. UNITED. STATES DEPARTMENT OFCOMMERCE. - - �,T o��:. :National Oceanic -and Atmospheric Administration ' 9 NATIONAL MARINE. FISHERIES SERVICE . Southeast Regional Office: ire \ . 263'13th.Avenue. South . St, Petersburg;.FL.33701. sup :.. TURTLE AND SMAILLTOOTH SAWFISH CONSTRUCTION CONDITIONS The permittee shall comply with the following protected species construction conditions: a.. The permittee shall instruct- a11.personnel associated with tlie-project of the potential presence of'. these species and - the need to avoid collisions. with sea turtles . and smalltooth sawfish: All. construction personnel -are . responsible'- for .observing .water -related. activities for 'the. presence. of these species. b. The permittee. shall advise all construction personnel that there are civil and- criminal penalties for harming; harassing, or killing, sea.:turtles or smalltooth sawfish; which are protected under -the :. Endangered Species Act of 1973: c. Siltation -barriers shall be :made of material in -.which. a sea turtle -or smalltooth: sawfish cannot. become entangled, be .properly -secured;- and :be regularly monitored to avoid :protected- species- . entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated: critical habitat without.prior agreement from the National Marine Fisheries Service's Protected Resources.Division; St. Petersburg, Florida. d. All vessels associated with the construction project shall .operate at ".no wake/idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four -foot clearance from -the, bottbm. All .vessels will.preferentially follow deep=water routes (e.g., marked- channels) whenever possible. e:. If a sea,..turtle -or .smalltooth sawfish:. isseen. within- 100. yards . of . the. active_ .daily - construction/dredging .operation. or -vessel . movement, all .appropriate .precautions .shall . be implemented to ensure its protection. These_ .precautions -shall include cessation of operation of any moving equipment. closer than 50: feet of a sea turtle or smalltooth sawfish. -Operation of any :. mechanical-construction,equipnient shall cease immediately if a :sea turtle or smalltooth.sawfish is seen within a.50-ftradius of the equipment: Activities_ may not resume until_ the protected species_ .has deparfedthe project.area of its own volition.. . f Any collision with and/or injury to.a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's: Protected Resources Division (727.-824-5312) and the local authorized sea turtle stranding/rescue organization. g. -Any special .construction conditions, -required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. h. Any colli.sion(s) -with and/or injuries to any whale, or sturgeon occurring during the construction of a project, shall be reported iriirnediatelyto NMFS's Protected Resources -Division (PRD) at.(727 -5312); ' ti��,-` _'�"•, ��i `'� �- � '- � s-..c _gam--t.,�wifa�wr. E . ►n �.,e,'� PROJECT st-EAIA f - -- - f Permit Number G +. s"' ,,, Fd •RfC 17� 4`�tt`:.; • . � outbeast Drstriet _ _ ="fir ��'� R t" . � �' • • •_ . fF oaf • _ �.1 ire,,, . r Harb.Our CoVe'.'.: I ..I.. Dcsign&Draivingby: I erner�rAssociates 'Inc. Sheet 1 J � � Date: 6%6%18 Slips # 33 &: 34 (Oberle & Sebile) ari -- 2537SEfAlf nsotAve.OPortiStLucie,FL34952:. Ph(772) 283 2950 Ft, :Pierce JERNER BELLSOLITH.NEI' , , :• Proposed 12' X 12' Boat Lift Manmade Canal 125' Wide A' Approx. Location =�• fisting Mooring Piles 13' 13' J sv Nrmik Number ! 56-030670M10-EE. o Southeast ' trie °vd .��y... .