HomeMy WebLinkAboutLETTER ABOUT SEAWALLr
I,
a Depart\
r
m �
lhentat P`
Peter Velker
Florida Department of
Environmental Protection
SOUTHEAST DISTRICT OFFICE
3301 GUN CLUB ROAD, MSC 7210-1
WEST PALM BEACH, FL 33406
561-681-6600
Rick Scott
Governor
Carlos Lopez-Cantera
Lt. Governor
Jonathan P. Steverson
Secretary
�0701 S. Ocean Dr. SCANNED
Lot 839 BY
iensen Beach, FL 34957
�ent via e-mail to designated agent: linenviron gmail.com St LUCie County
�e: File No.: 56-348011.-001,002,003,004-EE
File Name: Velker
'his letter supersedes our letter of November 1, 2016, correcting only the SPGP Federal
Review.
Dear Mr. Velker:
i
On October 5, 2016, we received your application for an exemption to: (1) replace a 35-linear ft.
seawall within 18 inches waterward (wetface to wetface) of the existing seawall, with new seawall
cap; (2) install 12 king and batter piles; (3) construct a 3 ft. by 20 ft. (60 ft.') finger pier; and (4)
install a boat lift. The project is located in an unnamed canal, Class III Waters, adjacent to 10701
S. Ocean Dr., Lot 839, Jensen Beach, FL 34957 (Section 11, Township 37 South, Range 41 East),
in St. Lucie County (Latitude N 27' 16' 1.8.93", Longitude W 80' 12' 29.13").
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
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.
i
1. Regulatory Review — VERIFIED
Based on the information submitted, the Department has verified that the activities as proposed
i are exempt, under Chapter 62-330.051(5)(b), (12)(b), (12)(d) Florida Administrative Code, from
the need to obtain a regulatory permit under part 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
www.dep.state.fl.us
File e00y
i
File No.: 56-348011-001,002,003,004-EE
File Name: Velker
Page 2 of 5
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
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
lie required. Any substantial modifications to the project design should be submitted to the
Department for review, as changes may result 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
iurther 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
Vour 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
§pecial conditions that may apply to your project." A copy of the SPGP V with all terms and
I and the General Conditions may be found at
http://www. saj .usace.army.mi 1/Portal s/44/docs/regulatory/sourcebook/permitting/general_permits/
SPGP/SPGP V-Permit%20Instrument-Complete.pdf?ver=2016-07-27-071925-250.
Authority for review - an agreement with the USACOE entitled "Coordination Agreement
Between the U. S. Army Corps of Engineers (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 Section 404 of the Clean Water Act.
Additional Information
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 may be subject to penalties under Chapter 373, F.S., and Chapter 18-14, F.A.C.
OTICE 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 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 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 in this notice.
ram`
�He No.: 56-348011-001,002,003,004-EE
file Name: Velker
!age 3 of 5
, person whose substantial interests are affected by the Department's action may petition for an
Iministrative proceeding (hearing) under Sections 120.569 and 120.57, F. S. Pursuant to Rule 28-
06.201, F.A.C., a petition for an administrative hearing must contain the following information:
(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 specific facts that
the petitioner contends warrant reversal or modification of the agency's proposed action;
j (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 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 62-110.106(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
20.60(3), F.S. must be filed within 21 days of publication of the notice or within 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 within the
appropriate time period shall constitute a waiver of that person's right to request an administrative
at
(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 62-110.106(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.
•348011-001,002,003,004-EE
✓elker
or extension of time must be filed with the Office of General Counsel of the Department
)mmonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the
deadline for filing a petition for an administrative hearing. A timely request for
of time shall toll the running of the time period for filing a petition until the request is
Mediation
Mediation is not available in this proceeding.
applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may
seek appellate review of this order before the Land and Water Adjudicatory Commission
;r Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water
idicatory Commission must be filed with the Secretary of the Commission and served on the
lrtment 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 120.68, F.S., by
filing 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 filing a copy of the Notice 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 Environmental Resource Permit Program. If
you have any questions regarding this matter, please contact Michael Rittenhouse at the letterhead
address or at (561) 681-6602 or by email at Michael.Rittenhouse gdep. state. fl.us
Executed in Palm Beach County, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Enclosures:
Attachment A- Specific Exemption Rule
Attachment B- Newspaper Publication
Project Drawings, 5 pages
Monica Sovacool
Environmental Manager
Southeast District
File COPY
File No.: 56-348011-001,002,003,004-EE
File Name: Velker
P�ge 5 of 5
Copies furnished to:
DEP — Monica Sovacool, Michael Rittenhouse,
CERTIFICATE OF SERVICE
I
The undersigned duly designated deputy clerk hereby certifies that this determination,
in all copies, was mailed before the close of business on December 20, 2016, to the above
listed persons.
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to 120.52(9),
Florida Statutes, with the designated Department
Clerk, receipt of which is hereby acknowledged.
December 20, 2016
Clerk Date
File Copy
ttachment A
i
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
I
nder Chapters 253 and 258, F.S., and Chapters 18-18, 18-20, and 18-21, F.A.C., as applicable.
($) Dock, Pier, Boat Ramp and Other Boating -related Work—
(b) Installation of private docks, piers, and recreational docking facilities, and installation oflocal
governmental piers and recreational docking facilities, in accordance with Section 403.813(l)(b),
F.S.. This includes associated structures such as boat shelters, boat lifts, and roofs, provided:
1. The cumulative square footage of all .structures located over wetlands and other surface
aters does not exceed the limitations in Section 403.813(l)(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
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.
�12) Construction, Restoration, Enhancement, and Repair of Seawall, Riprap, and Other
Shoreline Stabilization —
(b) The restoration of a seawall or riprap under Section 403.813(1)(e), F.S., where:
1. The seawall or riprap has been damaged or destroyed within the last year by a discrete event,
I
uch as a storm, flood, accident, or fire or where the seawall or rip rap restoration or repair involves
only minimal backfilling to level the land directly associated with the restoration or repair and
does not involve land reclamation as the primary project purpose, as further explained in section
�.2.4 of Volume I;
2. Restoration shall be no more than 18 inches waterward of its previous location, as measured
from the waterward face of the existing seawall to the face of the restored seawall, or from the
waterward slope of the existing riprap to the waterward slope of the restored riprap;
3. Applicable permits under Chapter 161, F.S., are obtained
I
(d) Installation of batter or king piles used exclusively to stabilize and repair seawalls, provided
they do not impede navigation.
I
B File No.: 56-348011-001,002,003,004-EE
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF DETERMINATION OF EXEMPTION
The Department of Environmental Protection gives notice that the projects to replace a 35-linear ft. seawall within 18
hes waterward (wetface to wetface) of the existing seawall, with new seawall cap; install 12 king and batter piles; constrict a 3
by 20 ft. (60 ft.2) finger pier; and install a boat lift have been determined to be exempt from requirements to obtain an
vironmental Resource Permit. The projects are in an unnamed canal, Class III Waters, adjacent to 10701 S. Ocean Dr., Lot 839,
sen Beach, FL 34957 (Section 11, Township 37 South, Range 41 East), in St. Lucie County (Latitude N 27' 16' 18.93",
agitude W 80' 12' 29.13").
A person whose substantial interests are affected by the Department's action may petition for an administrative
Oroceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth
below and 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.
Mediation is not available.
If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be
affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be
permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205 of the
Florida Administrative Code.
In accordance with rule 62-110.106(3), F.A.C., petitions for an administrative hearing must be filed within 21 days of
publication of the notice or receipt of written notice, whichever occurs first. Under rule 62-110.106(4) ofthe Florida Administrative
Code, a person whose substantial interests are affected by the Department's action may also request an extension of time to file a
I
etition 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 of the Department at 3900 Commonwealth
,Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000 prior to the applicable deadline. A timely request for extension of
time shall toll the running of the time period for filing a petition until the request is acted upon. Upon motion by the requesting
arty showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect, the
epartment may also grant the requested extension oftime.
The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The
failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of
I right.
A petition that disputes the material facts on which the Department's action is based 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, 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 specific facts 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; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency
Ito take with respect to the agency's proposed action.
4
A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts
are in dispute and otherwise shall contain the same information as set forth above, as required by rule28-106.301.
Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing shall be dismissed by
the agency if the petition does not substantially comply with the above requirements or is untimely filed.
i
Complete copies of all documents relating to this determination of exemption are available for public inspection during
I normal business hours, 8:00 am. to 5:00 p.m., Monday through Friday, at the Southeast District office, 3301 Gun Club Road, MSC
17210-1, West Palm Beach, Florida 33406.
File COPY
OF EN`
MAP
Vdker Residence
x '
10701 S.'Ocean'Dr, Lot 839 1permit Number
,, a a+ry t : f Q+�t w I r
Jensen` Beach,iFL 34957 4 a '
`` 1 Note Please see eMargeal_attached map! for lot locatro . q tk �
56 348011 001� 002 003 004-EE
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0
MAP '
Velker Residence
10701 S.�Ocean Dr., Lot 839 h: j
Jensen Beach, FL 34957
<, -(Enlarged)
IF
S Las Chas Pr S Las cl s 01
Hutchinson Island
a•, Venture Three ln_c 0�3,•' .- Club Condo
a
t, r Z
pF E�.yj 4• �{l' ry
4-11
a,
Permit Number , k V '
S6-348011=001,002,003,004-EE
A. Southeast District
1 - _ • ,�
Fishernnan's Blvd
°. azvss'
- r
I r # t• rn
of a
r
o!
Island Crest
Condominium
a
A
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S Sair(ish i
Y
ioiftsoucn. ;
Ocean Drlve-'
Vistai
-Vile w
T
Plan
View
Velker Residence
107015 Ocean Dr., Lot 839
Jensen Beach,FL 34957
ROTE:
Area over MHW: t60 sq.R
Waterbody: Artificial canal
off of the Indian River
Barren of resources
Survey: 8124n 8
Proposed
Boat Lift
OF Ery
Permit Numher t
a
I348011-001,002,003,004-EE r
b
I �
Southeast District y
�O �O
by
�aVIS
Proposed King Pile
Seawall (Vert at panel seam)
Win 18" face
to face
Batter Pile
(Angled 4:
@ panel
: Dock will NOT attach to the seawall.
Existing
Concrete
Seawall
Velker Residence Proposed wilco construction, Inc.
Seawall, Finger Pier, Boat Lift (772)460-6928;FAX(772)460-6929
]File (
Property Line
Date: 9/10/16
1
i
NOTE:
1. Concrete to have a min. Compressive Strength of
$000 psi @ 2B days.
2.Install new concrete seawall directly in front
of existing seawall, within 18" face to face.
3. Pilings final hammer driven to a min. of 6 tons each
1 4. Pilings to be 12'SN2" prestressed concrete up to 20' length.
Hooks
The work specified herein
has been designed and all
work shall be in accordance
with the 2014 Flrcada
Building Code (6th Ed. First
printing March 2016).
All codes reference herein
as per the latest adopted
edition.
pea
#3 Ties #5 Be 4'k28"+l-
@2' O.0 / Cap Cont.
New Concrete Panel
(8" thlck x 10' wide x 12' long
King Pile 12"x12'
I#5 Bar V O.C. presbessed
1 Herz" (Vertical at panel seams
and Vemca
i 4"*/
:. G otter Pile (angled 4:1+/-
anel)
•t
MHW
Backfill Between F
Existing Wall
8 New Wall A
'• `
Panel e
i
i CANAL BOTTOM'
Min. 3'+l- mbe�
for P Is
° � 50%min.
fO' Concrete Pane
'� penetration
for pilings
<18
(face
,o face)
12"02' Concrete Pilings
Velker Residence
�ce� , Lot 839 35'+/-New
Permit Number\
4 56-34 �01 1-001,002,003,004-EE
I
I
P Southeast District
- ed enx•t�.,d►�Se;q
- -- - 01
6.ro?s► 0
Concrete Cap/Wall
10'+/- Panel Oeotextile Fitter
Cloth along backside
(landward side) of wall
281
5 Rebar �' #3 Reba
Nang pile rn 5 PCs. / Ties 711ng pile
panel seam / panel sea
L/gm
(vertical) 2' OC (vertical)
otter pile
Expanded
loco
King Pile
min. 3- naete
:rage ver rober #grbar
rebartles
1411� Q2'00
•it
dowel with aid.
�!'• hook epoxy.
12Y12" king ,n; set min. embedme
Cone. PII F 2 pc. per pile /
Expanded
m�e3. Batter Pile
overage
ver reba Bpea'
tl'H/- #5rebar
rebar ties
14r' { " @2'OC
t. dowel with old.
hook epoxy-
12"xl2" Batter r" : set min. embedmr
Cone. Pil :''' 6" 2 pc. per pile
for the Velker Wilco Construction, Inc.
839) (772)460-6928; Fax (772)460-6929
File COPY
Date: 9/10/16
Scale:
Dim
�1 OF ENvl4'
PICAL DOCK AND ACCESSWAY CROSS SECTION
o+ (N.T.S.)
Permit Number 'A
44f
� I
a 56- 48011 001002,003,004 EE
\a I Southeast Distri t y
* 0 3' 4'
S' 2"x6" PT 0.4 ACQ
�.o fastened with min. 2.5" SS screws or nails.
v y s — (Deck board spacing, min.1/2")
Pilings min. 8" 0
placed max.10'
O.C.
(Pile Driving
Recommended)
0
m
i DECK
STRINGERS:
2"X8" PT 0.4 ACQ spaced
at max. 24" OC with
5/8"0 x 6" SS (2)16d Toe Nails
lag bolts on each piling, • Typical
lap spliced
�n
Joist: C�
i
2"x8" PT 0.4 ACQ on each side of E
piling.
Bolted wl 5/8" SS threaded rodslthru
bolts.
i
M.H.W.
M.L.W.
Pilings to be pre jetted
then driven to 6' min. Canal Bottom
solid penetration Li
Structural Wilco Construction, Inc. Velker
Cross View o772460-6928; t772-460-6929 Lot 839
MHW
MLW
PERMIT ADDRESS: IQ-76i. -6ce,+%j 6-
_...__.._._._._.
�91i-oo�
PREPARED BY.
RK ELECTRIC, LLC. 772-344-9155
RON VJNOgL 772-370-4539
EC13007108