HomeMy WebLinkAboutENVIRONMENTAL PROTECTIONWANNED
BY
e je count`
0ePar6�, Florida Department of
Environmental Protection
SOUTHEAST DISTRICT. OFFICE
3301 GUN. CLUB ROAD, MSC 7210-1 .
� �o,e` WEST PALM BEACH, FL 33406
ental p 561-681-6600
July 2, 2018
Peter Mersberger,
Pres. Harbour Cove POA. .
2500 N.Military Trail
Boca Raton, FL 33431
Sent via e-mail to: oplease@bbllsouth.net
Re: File'No.:56-0306709=010-EE
File Name: -Harbour Cove -Slips 33: & 34
Dear'Mr. Mersberger:
Rick Scott
Governor
Carlos Lopez-Cantera
Lt. Governor
RECEIVED
JUL. 'r7L01B
ST. Lucie County, Permitting
Noah Valenstein
Secretary.
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 located .in the. -Unnamed Canal,, Class III
Waters, adjacent to 210 Harbour Cove Drive, (Section 25, 26, Township.34 South,Range 40 East),
in St. Lucie County (Latitude N 2729' 11.57", Longitude W 80' 18' 21.24").
Your request has been reviewed to determinemliether it qualifies for (1) regulatory exemption, (2)
proprietary authorization (related.to state-owned submerged lands), and (3) federal. approval .that
may be necessary for work in wetlands .or waters of the United States.
Your project qualifies for all: three. However,this-. letter- does :not relieve .you from the
responsibility- of obtaining other federal-, state,= or local authorizations :that may required for the
activity.
Regulatory Review — VERIFIED
lased on the information submitted, the Department has verified .thatthe activity as proposed is
xempt under Chapter- 62-3 3 0.05 1(5)(h), Florida Administrative Code, from the need to obtain a
;gulatory permit under part IV of Chapter 37.3 of the Florida Statutes.
This exemption verification is based on the information you provided the Department and the
tatutes and rules in effect when the information was submitted. This verification will expire after
ope year, and will not be valid at any other time if site conditions materially- change, the project
design is modified, or the 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) -the project design does
www.dep.state.tlus P " M
Project Na.: 5.6-0306709-010-EE
Project Name: Harbour Cove:Slips 33:&34.
Page 2 of 5
not change; 2) site conditions do-notmaterialiy-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.modificatioris'to -the project. design.should'be submitted.to the
Department for review as changes may resul'in a permit being required: Conditions of compliance
with the regulatory exemption are contained in Attachment A.
2:: Proprietary Review - NOT REQUIRED
The activity does not -appear -to be located on sovereign submerged lands; and -does not require
further authorization under chapter-253 of the.Florida Statutes,.. chapter...-21� of the Florida
Administrative Code.
3. Federal.Review.— SPGP APPROVED
Your proposed -activity: as outlined on:your:application and attached: drawings qualifies for: Federal
authorization pursuant to- the State: Programmatic General Permit V; :and .a separate p ermit :or
authorization will not be required: from the Corps. Please note that the Federal authorization expires
on 7uly.26;.2021. � You, as permittee, are required to adhere to all General Conditions and Special
conditions that may apply to your project:" .A copy of-the'SP.GP V with all .teiins and conditions.
and the General Conditions may be found , .. at .
http:%/www.sai.usace:army.mil/Portals/44/doss/re latory/sourcebook/permittirieneral�ermits
/SPGP/SPGPV=Permit%20lnstrument=Com 1p etc pdf?er=2016-07-27=071925-250: :. .
Authority for. review - . an agreement with the USACOF entitled. "Coordination Agreement
Between the U. S. Army Corps of Engineers (Jacksonville District)-and-Ilie.Florida Departmentof
Environmental .Protection, or, Duly Authorized Designee;. State Piogramiriatic .General .Permit'.',
Section 10-of the'Rivers and Harbor Act of 1899, and Section 404:of the Clean.Water- Act.
Additional Information -
Please.retain this letter. The activities 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 may -be subject to penalties under Chapter 373; F.S., and Chapter 1.8-14, F.A:C.
NOTICE OF RIGHTS
This action is final and effective onthe. date filed with the Clerk of the Department unless a petition
Ifor an administrative hearing - is timely filed under Sections 120.569'and 120.57, F.S.,.before the
deadline.for-filing a:petition. -On the filing of.a timely and sufficientpetition, 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 by it in this notice.
Petition for Administrative Hearing
A person whose substantial interests .are affected by -the De-partment's action may petition for an
administrative proceeding (hearing) under Sections 120:569 and 120.57, F.S. Pursuant to Rule 28-
106.201, F:A.C., a.petition for an administrative hearing must,contain the following infbrmation:
Project No.:.56-0306709-0.10-EE"
Project Name: Harbour Cove Slips-33 & 34
Page 3 of 5
(a) The name and, address-- of each agency affected and each. agency's file or
identification number, if.known;
(b) - The name; address,.any email address, any facsimile number, and telephone number
of the petitioner; the name, address, and - telephone number .of the petitioner's
representative, if any, which shall be the address -for service purposes during the course of
the. proceeding; and an explanation of how the .petitioner's substantial. interests are or will
-be affected by.the .agency: determination;
(c) A statement -of when and how the petitioner received notice of the agency decision;
(d) A. statement of all disputed -issues of material fact. If there - are none, the petition
must so indicate;
(e)._ A concise. statement of. the.ultimate.facts alleged, including'the.specifio facts that-. .
the petitioner contends warrant reversal or modification of the agency's. proposed.action; "
(f) A statement .of .the. specific rules or statutes that. the petitioner contends- require
reversal -or modification of the:agency.'s proposed action, including an explanation of -how
the alleged -facts relate. to the specific rules or statutes; and.
(g) A statement of the. relief sought by the petitioner, stating precisely the action.that
the petitioner wishes the agency to.take with respect to'the '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, Florida32399-3000:.
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 62-1"10.106(3), F.A.C.,_petitions -for an administrative hearing. by the -
applicant. must be filed within 21 days of receipt of this written notice. Petitions. filed by any .
persons other than the applicant, and other than those entitled to: written notice under :Section
120.60(3), F. S: must be filed within 21 days of publication of the notice or within 21 da-ys 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 within the
appropriate time period shall constitute a waiver of that person's right to request an administrative
determination (hearing) under Sections 120.569 and:120.57, F.S., or to intervene. in this proceeding
and participate as: a party to it. Any 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. -
nder Rule 62-110.106(4), F.A.C.; a :person whose substantial " interests are affected by. the
epartnent's action -may also request an extension .oftime. to: file a:petition for an:adiministrative
taring. The Department may, for: good cause shown, grant the request for an extension of time.
equests for extension of time must be filed with the Office of General Counsel of the Department
3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the
iplicable deadline for filing a petition ' for an administrative hearing. A -timely request. for
;tension of time shall toll the running. of the time period for filing a petition until the request is
led upon.
Project No.:.56-0306709-010-EE
Project Name: Harbour Cove Slips 33:&34 ... .... • ... .
Page 4 of 5
Mediation
Mediation is not available in this proceeding.
FLAWAC Review
The applicant, or. any party within the -meaning of Section 373.114(1.)(a) or 373.4275; F.S.,. may .
also.seek appellate. review -of this order -before the Land and: Water Adjudicatory Commission
under Section 373.114(1) or 373.4275; F.S. Requests: for review before the Land and Water
Adjudicatory Commission must be filed with the .Secretary of the Commission.and. served on the
Department within 20'days from.the date when the. order.is -filed with the Clerk- of the.Department:'
Judicial Review
Any party to -this action has the right to -seek judicial rev_ iew.pursuant to. Section 120.68-F.S:,.by
Ifiling a Notice 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 filirig.a,copy oftheNotice of Appeal
accompanied by the applicable filing fees with the appropriate District Court of Appeal." The
Notice of Appeal.must be filed.within.30 days from the-date.this action is. filed with. the Clerk. of
the Department.
Thank you. for applying to the Submerged:Lands and Environniental:Resource:Penn it Program. If
you have any questions regarding this matter, please contact Bruce Kay at (561) 681-6695 -or by
email at-Bruce.Kayna,floridadep: ov.
IExecuted in Orlando, Florida...
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
I
Monica Sovacool .
Environmental :Manager
Southeast. District
I
CERTIFI.CATE. OF SERVICE
The undersigned duly: designated. deputy: clerk hereby certifies that: this permit and all copies
ere sent on -the filing date -below to the following listed persons:
Project No.:-56-0306709-0.10-EE
Project Name: Harbour Cove, Slips 33:& 34.
Page 5 of 5
FDEP = Monica Sovacool, Bruce Kay
Bruce Jerner, Jerner & Associates; jernetAbellsouth'net
FILING AND ACKNOWLEDGMENT
FILED, on this date,, pursuant to Section 120.52, F. S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
.July 2, 2018
Clerk Date
Enclosures:
Attachment A- Specific Exemption:Rule
General- Conditions for use of the -Federal SPGP V
Project Drawings, 2 pages ...
\ li
Attachment A
Chapter 62-330.051 Exempt Activities.
The activities meeting the limitations and restrictions below are exempt from permitting. However,
if located in, on, or over state-owned submerged lands, they are subject to a separate authorization
under Chapters 253 and 258, F.S., and Chapters 18-18, 18-20, and 18-21, F.A.C., as applicable.
(5) Dock, Pier, Boat Ramp and Other Boating -related Work —
(h) The installation of a pile -supported boat lift within an existing mooring area at a docking
facility 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.
General Conditions for Federal Authorization for SPGP V
1. The time limit for completing the work authorized ends on July 26, 2021.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this requirement if
you abandon the permitted activity, although you may make a good faith transfer to a third party in
compliance with General Condition 4 below. Should you wish to cease to maintain the authorized
activity or should you desire to abandon it without a good faith transfer, you must obtain a
modification of this permit 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.
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.
3. 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.
4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any
time the circumstances warrant. Circumstances that could require a reevaluation include, but
are not limited 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
PERMITEE:
PERMIT NUMBER:
ADDRESS/LOCATION OF PROJECT:
(Subdivision)
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
The permittee shall comply with the following conditions intended to protect manatees from direct
project effects:
a. All personnel associated with the. project shall be instructed about the presence of
manatees and manatee speed zones,.and the need to avoid collisions with and injury to
manatees. The permittee.shall advise. all construction personnel that there are civil -.and
criminal penalties for harming, harassing, or killing manatees which are protected under
the Marine Mammal Protection Act, the Endangered Species Act; and the Florida Manatee.
Sanctuary Act.
-b. All vessels associated with. the construction project shall :operate at "Idle Speed/No Wake
at all .times while -in .the, immediate. area and while -inwater where the draft of the vessel
provides less than -a: 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 manatee(s): All in=water operations,. including vessels, must be shutdown -if a
manatee(s) comes within 50: feet of the. operation. Activities will not resume -until. the
manatee(s) has moved beyond the 50-foot radius of the -project operation,. -or 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
at 1-888-404-3922. Collision. and/or. injury. should. also: be.reported to the U.S.. Fish and
Wildlife Service in Jacksonville-(1-904-731.-3336) for north Florida or -Vero Beach (1-772-
562-39.0.9) for.south Florida, and to.FWC at.ImperiledSpecies(a-myFWC:com
f. Temporary signs concerning manateesshall be posted prior- to and- during: all in -water: .
project activities. All signs. are: to be: removed by the permittee upon completion .of the
project. Temporary -signs that have already been approved for this:use by the Florida'Fish.
I and Wildlife Conservation Commission (FWC) mustbe 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 requirements 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 listed above.
UNITED STATES DEPARTMENT OFCOMMERCE.
�a ,rap :National Oceanic -and Atmospheric Administration
NATIONAL:MARINE- FISHERIES .SERVICE .
Southeast Regional Office
x = 263.13th.Avenue. South
-St. 'Petersburg;. FL. 33701.
ATESol
SEA -TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS
The permittee shall comply with the following protected species construction conditions:
a. The permittee shall instruct all personnel .associated with the .preject 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 pert ittee'shall advise .all constructiori.personnel that -there are. civil and criminal: penalties for
harming; harassing, or killing sea. turtles- or smalltooth - sawfish; which - are protected under the :.
Endangered Species Act of 1973:
c. Siltation -barriers. shall -be:made of- material -in which .a sea turtle: or smalltooth sawfish cannot:
become- entangled, be .properly secured; and 'be' regularly monitored: to -avoid :protected. species
entrapment: Barriers may not block sea turtle or smalltooth sawfish entry to or exit from -designated
critical habitat without prior agreement from the National -Marine: Fisheries Service's 'Protected
Resources Division, St. Petersburg, Florida.
d. All vessels associated with the construction project shall operate at. "no wake/idle" speeds at all
times while in the construction area.and while in.water depths where the draft of.the vessel "provides
less than a.four-foot clearance from the bottom. All vessels'will preferentially follow_deep=water
routes.(e..g., marked channels) whenever possible.
e. If a sea - turtle. or smalltooth . sawfish is seen within 100. yards of the active, daily
construction/dredging- -operation. or vessel movement;. all - appropriate -precautions - shall be
to ensure its protection. _These precautions:shall include cessationof operation of any.-
moving equipment. closer than 50: feet of .a sea- turtle or smalltooth sawfish. Operation of any
mechanical construction equipment shall cease: immediately if a sea turtle or smalltooth: sawfish is,
seen within a.50-ft radius of the equipment. Activities may. not resume until the protected. species
has departed the project. area of its own volition..
f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall. be reported immediately -
to the National Marine Fisheries Service's -Protected Resources Division. (727-824=5312) and the
local authorized sea turtle strariding/rescue .organization.
g. Any special construction conditions, required -of your -specific project; outside these general
conditions, if applicable; will be addressed in the primary consultation.
h. Any collision(s) with and/or injuries to any whale, or sturgeon occurring during the construction of
a -project, shall be. reported immediately to NMFS.'s Protected Resources Division (PRD) at.(727-
824-5312).
i. Reports to-NMFS's Protected Resources 'Division (PRD) may be made --by email to
takereport.nmfsser(qnoaa:gov. .
j.: Sea turtle and marine"stranding/rescue organizations' contact• information is available by region at
,http://www.nriifs'.noaa:gov/pr/health/netwcirks.htm.
k. Smalltooth sawfish encounters shall. be reported to
.http://www.flnirih:ufl:edu/fish/sharks/sawfish/sawfshencounters html:-
1. All work must occur.during daylight hours.
n
4 F
.. W Permit Number •� ��. f�� ., .��p . •.. ..
WV
'6 030 '709-010-EE --� ..r 3 � r +.�• ��' y .
Southeast Districts �'.• IT
- -- Goc..��r=_
;;
�, .� DesignerDrawingby:
Harbour Cove rernerAssociates,Tnc. Sheet.
Slips # 33 & 34 (Oberle & Sebile)
ate: 616118
Marine &Environmental Colisulting
- --
537SEAlfonsoAve. Port SCLticie,FL34952 :
• ' `. Ph:(772)283-2950
= -- Ft.. Pierce
JERNEMBELLSOUTH.NET
Manmade ' Canal
125' Wide
A'
Approx. Location 'PO O 0
Existing Mooring Piles 13' 13'
i
BNt
2' ! GJ i i Gj vc i
w Permit: Number:• w OQ� w
A 4.
56-0306709410-EE 2
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Southeast Districl�
v
toga ��yeti
Slip .#34 . Slip #33
Proposed
12' X 12''Boat Lift