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HomeMy WebLinkAboutENVIORNMENTAL PROTECTION LETTER PAPERWORK. � cA MF � Rick -Scott til F L� o R 1 D -A D F P:A R T M N T 0 -F Governor f0vironmental: Protection,: Carlos Lopez-Cantera ^' x : Lt.:Governor . �c ° Southeast District 3301.Gun Club Road, MSC7210-1 .. Noah 1lalenstein MF �� West Palm Beach; FL 33406 - " Secretary- NTA�. 561681-6600 Atul- Keluskar ocr. 2 1018 3511 Sovereign. Way Perm,*tt- 0 " : Ft; Pierce; FL 3495.0. Sr• kucie cpa"�m?n - Sent via e-mail:. Jerner _,bellsotith:net. �9'ItPl-:-tSETBACK REQ, FRONT SIDES Re: File No.: 56-309597=004,005-EE C NR-SIDES File Name: Keluskar ' SCANN REAR �� ZNG. De . BY EC H. Dear Mr.. �t LUCle COUnty OnSeptember"26,2018 we receivedyouur application:for an exemption to l).remove a. section_of the existing dock and'install a new 57. sq. ft:.pier and 2) install a,boat-lift: :The project is located in - themanmade canal, C1ass:.III.Waters; adjacent to 35 Sovereign WayFt- Pierce,'FL. 34950. (Section:- 14, Township 34 S6uth;.Ra4ge..40 East); in:St. Lucie County. (Latitude N 2.70 30'-5.3.36" Longitude W809 19'-.9.44" ):. This determination - does not convey or, create" any --pro qrty right, or any interest in real property: This determination does. not. authorize any :trespass, entrance, upon; or :activities oft. property which .is -not - owned or controlled by :you .or- convey any. rights .or privileges other -than those specified -in -this determination and.applicable rules -and statutes: . You shall hold and save the Dmartinent harmless 'from any. and all damages,. claims, or liabilities --- which may arise by reason -of the activities. described: in this determination .or any use of the . structure/activities. Your request has been .reviewed to determine whether it -qualifies for (1) regulatory exeniptionj2) proprietary authorization (related to state-; ed-submerged lands), and. (3) federal approval that may -be. necessary:for-work-in wetlands or waters of the United"States Your project. qualifies --for all three. However, this. "letter .does not. relieve. you from the': responsibility of obtaining other federal; state; or local- authorizations- that may be required for the activity. 1. Regulatory.Review — VERIFIED Based on. the. information :submitted; the Department. has verified .that" the .activities as proposed: are exempt; "under Chapter 62=330.051(5)(b), 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. G; www.dep.state.Aus,_F1 A, File No.:. 56-309597-004 005-EL.:: File Name: Keluskar Page 2 of 5 one year and- Will. not bevalid: 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 notif cation- to :or verification from the De artment after the one-year expiration of this werification,.provided: 1.) the: projOctdesign does noTchange; 2) site conditions do notmaterially, change; and 3) there are no changes to the statutes or rules governing the exempt activity::In:the event you heed.to:re-verify the:ekempt status :for -the activityafter-the one-year: expiration ofthis verification,.a new.-ap-b&dtion and verification fee will be! required. Any-.siibstantial-modifcations-to the project :design should be submitted to.the Department for review; as as itapermit: 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'n _ ot require fa her authorization under -chapter 253 of the Florida'Statutes; or chapters 18-20 or.18-21 of the Florida Administrative. Code. 3., Federal Review — SPGP-APPROVED Ydur 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 .permit or authorization will not be required from the _Corps. Please note -that the Federal. authorization expires On July 26; 2021. You, :as permittee, are required. to: adhere to all. General Conditions, and:Special conditions that may apply to your project: A copy of the: SPGP V:with all terms -and conditions and the General - _ Conditions may ` be found , , at.. .. . =2016=07-27-07.1925 -25 0. Authority for review - an Agreernent- with the USACOE:-entitled "Coordination. Agreement - Between the-U.-S. Army Corps of Engineers (7acksonville.District) and the Florida Department_ of Environmental Protection, or. Duly: Authorized Designee,, State. Programmatic General Permit", Section 1.0 of the Rivers and Harbor Act of 1899, and Section 404.:of the Clean Water Act. Additional iiformati6n : Please retain'this letter. The activities may be inspected by authorized state personnel in the future to insure compliance with appropriate_ statutes 'and administrative_ codes. If the activities, are not. in compliance, you maybe subject to penalties under. Chapter 373; F.S., and Chapter 18-1.4, 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- forIan administrative.hearing. is timely fled under Sections'120 569.and 120.57, F.S., before -the deadline. for filing a petition. - 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 by it iii this notice-. ;005EEL Fil -No.-, 56.309597-004. File Name: Keluskar - :. ..... ..... Pae3:o... ... ._ ._., .... .. .._- .... .. ... ._ Petition for Administrative Hearin g- A person whose: stNtdhtial: interests- are affected: by the :Department's : action may :petition for ai . administrative proceeding (hearing) under Sections. i20.569 aiid 120.57,F.S: -Pursuan I Rule.28- l06.201, F.A:C:;_a.D6tit bn,_for do administrative heating-must.contain:the-following information- f.. (a) The: name :and: address : of each, agency affected -and each. agency's file or;::- --- ideritification number;. if known; (b) The riame,address;:aiiy email address; any facsimile number, and telephone number - of the. petitioner; the name;. address; arid. telephone : number of the: petitioner's. representative if any; which shall be the address for service purposes during -the: course. of the.proceediiig; and': an explanation:of how the petitioner's substantial: interests are or.will: '- be affected-by-the:agency determination; :(c-A, statement ofwhen and how the petitioner received notice -of the ageiicy decision; - '.(d) - A: statement: of .all disputed .issues of material. =fact: - : If there. are. none. the -.petition. .... ... must so indicate.; . . (e) . A: concise. statement :of the -ultimate facts alleged, including. the specific_ facts .that the petitioner. coritends:warraht "rbversalot modification -of the agericy's-proposed:action;: (f) A statement of the specific.rules or statutes tliat the petitioner contends require --. reversal or .modif cation of the agency.'s.proposed.action; including an explanation :of how. . .... the alleged facts: relate -to the :specific, rules or statutes; and:: - .(g).. A. statement:of the relief sought by the petitioner,=stating precisely- the action that: . the petitioner- wishes the agency:to: take: with: respect to the :agency's:proposed action: The petition: insist. be :filed -(received- by 'the Clerk) :in the.:.Offce:.of -General._Counsel of the:. Department at 3900 Commonwealth Boulevard; Mail Station-35,.Taliahassee, Florida 32399-3000..:. ANOo a. copy of the petition'shall:be mailed to. the. applicant at the address indicated.above at the tinne of filing, Time P.eriod-k- r-Filina a Petition . _ :. In. accordance with Rule 62-U.0..106(3);- F.A.C:; petitions. for -an--administrative hearing by -the : applicant must be fled. within 21: days:of receipt _of this written:notice.: Petitions filed. by. any . per. soris _other than the _applicant; grid other than those entitled -"to: writterl:'notice : under: Section 120.60(3), F. S. must be f led within 21-days of publication of the notice*or within. 21 days of receipt - .` ofthe.written-notice.. whichever occurs _first: -Under Sec tion.120.60(3), F:S:.;.however,.any:.person:. who has - asked. the Department -for -notice of -agency. action- may f le a petition within 2,1 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-tliat person's right to request-ari:admiriistrative determination (hearing) under Sections 120:569 and 120.67, 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 co pliance wrth:Rule 28.106-.205;:F:A.C.. . Extension -of Time Under .Rule .62=1.10.106(4): - F.A.C. ; d :person-. whose. substantial interests. are affected..by. the. - D apartment's action may also.request. an -extension of time.to file.a petition for an administrative Fil�-:No:: 56-309597-004-005-EL; - _ .. File Name: Keluskar .. ... ..... Pa9e-4-of.5 :.. . 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 of.th6 Department at 900-Commonwealth Boulevard,:Mail'Station 35, Tallahassee, Florida 32399-3000,.before the ap licable- deadline_ for' -fling. a:.petition.=for an:'administrative.hearing:- A timely-equest for extension of time shall :toll the running of the _time period for filing a petitiori. until the.request.is :. acted upon:::' . ... .... ... ... ... .... ... .. ... ... .. � • i Attachment A Chapter 62-330.051 Exempt Activities. Tl a 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 — (b) Installation of private docks, piers, and recreational docking facilities, and installation of local governmental piers and recreational docking facilities, in accordance with section 403.813(1)(b), F.S. This includes associated structures such as boat shelters, boat lifts, and roofs, provided: 1. The cumulative square footage of the dock or pier and all associated structures located over wetlands and other surface waters does not exceed the limitations in section 403.813(1)(b), F.S.; 2. No structure is enclosed on more than three sides with walls and doors; 3. Structures are not used for residential habitation or commercial purposes, or storage of materials other than those associated with water dependent recreational use; and 1 4. Any dock and associated structure shall be the sole dock as measured along the shoreline for a minimum distance of 65 feet, unless the parcel of land or individual lot as platted is less than 65� feet in length along the shoreline, in which case there may be one exempt dock allowed per parcel or lot. i 0 General Conditions for Federal Authorization for SPGP V 1. , The time limit for completing the work authorized ends on July 26, 2021. 2.1 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 toga third parry 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. 3.1 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 ofiHistoric 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. 1 5. I 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. 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. 7. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from 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: DATE: ADDRESS/LOCATION OF PROJECT: (S;ubdivision) (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 AM 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.1S. Army Corps of Engineers, Enforcement Branch, Post Office Box 4970, Jacksonville, FL 32232-0019. i (Trransferee Signature) Printed) address) i (Mailing address) ty, State, Zip Code) (Date) i STANDARD MANATEE CONDITIONS FOR IN=WATER WORK .2011 .. .. ... The permittee shall- comply with the following conditions. intended to.pi.otect manatees frorn.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. in. water. 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 mad of mat erialJ_ -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, musf.be shut down if a- manatee(s). comes. Within 50 feet of the operation. Activities .will not resume until the . manatee(s) has -moved: beyond the 5.0400t radius of the project. operation; or until 30 minutes --elapses if. the manatee(s); 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 sliall .be reported immediately"tb :the'FWC Hotline. at.1-888-4-04-3922:.Collision and/or 'injury should also be.reported-to-the U.S. Fish and Wildlife Service in Jacksonville (1-904=73:1:-333.6) for:north Florida or Vero Beach (1=772- 562-3909) for south Florida, and to FWC of ImperledSiieces(cr�inyFWC.com f. Temporary. signs concerning.manatees, shall -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 and Wildlife Conservation Commission (FWC) must be used. (see MyFWC.com/manatee). One sign Which reads .Caution: Boateis 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 OF: COMMERCE .... ... �14 0� : National.Oceanic and Atmospheric Administration- _ `� NAT � � � IONAL MARINE EISHERIES�SERVICE .:Southeast=RegioriaT Offi, ee..: . y 263:13t h Avenue South.- aresnR St:. Petersburg; FL 33701 ... SEA TURTLE AND 'SMALLTOOTH SAWFISH: CONSTRUCTION .CONDITIONS -The perthittee-shall- comply with the following protected'species construction conditions: a. - The permittee shall.. instruct ' all personnel associated - with '-the proj ect. of the 'potential - presence :of these: species and -the need: to avoid .collisions. with sea :turtles aril �smalitooth 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 enalties : for harming, -harassin or. killin sea- turtles: or -smalltooth sawfish which are- p g, -harassing,:or. . g protectedunder the Endan eyed S ecies Act of 1973. �.. .... .. .. ... ... C...Siltatioii:.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.notblock seaturtle-or..snialltooth.sawfsh entry' to or exit-froin designated critical habitat w- outprior agreement from the,National:lVlarine Fisheries Service's Protected Resources Division, St. Petersburg,'Florida. d...All vessels associated` with the construction project shall operate speeds -at:all times while:in the:construetion-.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:, markedchannels) whenever possible. e::.If .a sea turtle or - smalltooth - sawfish is seen. -within.- 100 -yards of -the .active - daily. :construction/dredgirig..operatiori 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'coristruction equipmenv§hall cease immediatelyif a.sea turtle or smalltooth.sawfish is seen within a 50-fit radius -of the equipment..:Aotivites may not resume until-the:protected-species has: departed:the..project.area of its_ownNolitiori -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.