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HomeMy WebLinkAboutFDEP LETTERFLORIDA DEPARTMENT OF Environmental Protection Southeast District Office 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 561-681-6600 February 5, 2019 CONCEALED FASTENERS OR MACHMENTS I ARE THE RESPONSIEILay OF THE I CONTRACTOR OF RECORD Gregory Wyenandt 113 Queen Bess Ct. Hutchinson Island, FL 34949-8316 Sent via e-mail: COYECOLOGY@GMAIL.COM Re: File No.: 56-0372310-001-EE 0'04 � �® File Name: Wyenandt Boat Lift 'Stt ap co Dear Mr. Wyenandt: �� Ron DoSaMls Governor JeaneltEe Nutim Lt. Governor Noah Valenddn Secretary i�il — Cal sT LUCiE COON JPN BUILDQ DI I REVIE D FOR CO PLl F DATE ( / RLANS AN11E RiMIT MUST BE (KEPT ON JOD OR NO INSPECTION `ALL, BE MADE Tlq[-Sr- PLANS AND ALL PROPOSI-Zo J#Orji� ARE SUBJECT ► ®AN CQRI'3EC'f ICN 'REOUIl;ED By PICLD INSPECTORS i'sIAX • MAYBE NECESSARY III ORDen To C©LnPUY WITH ALL APPLICASLE CODES. On January 16, 2019, we received your request for verification of exemption to perform the following activity; install a boat lift in a previously existing slip and a personal watercraft lift along existing seawall. The project is located in the Queens Cove, east of Garfield Cut, Class III Waters, adjacent to 143 Queen Bess Ct. Hutchinson Island (Section 14, Township 34 South, Range 40 East and Section 23, Township 34 South, Range 40 East), in St. Lucie County (Latitude N 27' 30' 48.31", Longitude W 80° 18' 55.85"). our request has been reviewed to determine whether it qualifies for (1) regulatory exemption, (2) q q p proprietary authorization (related to state-owned submerged lands), and (3) federal approval that may. bl,e necessary for work in wetlands or waters of the United States. Your project did not qualify for the federal portion of this verification request. Additional authorization must be obtained prior to commencement of the proposed activity. This letter does not relieve you from the responsibility of obtaining other federal, state, or local authorizations that may be required for the activity. Please refer to the specific section(s) dealing with that portion o the review below for advice on how to proceed. If you change the project from what you submitted, the authorization(s) granted may no longer be valid at the time of commencement of the project. Please contact us prior to beginning your project if you wish to make any changes. you have any questions regarding this matter, please contact Bruce Kay at the letterhead address or (561) 681-6695, Bruce.Kaynfloridadep.gov ect No.: 56-0372310-001-EE ect Name: Wyenandt Boat Lift -2of6 Regulatory Review — VERIFIED on the information submitted, the Department has verified that the activities as proposed are t, under Chapter 62-330.051, (5)(b), Florida Administrative Code, from the need to obtain a tory permit under Part IV of Chapter 373 of the Florida Statutes. exemption verification is based on the information you provided the Department and the statutes rules in effect when the information was submitted. This verification may not be valid if site iitions materially change, the project design is modified, or the statutes or rules governing the npt activity are amended. In the event you need to re -verify the exempt status for the activity, a request and verification fee will be required. Any substantial modifications to the project design xld be submitted to the Department for review, as changes may result in a permit being required. Proprietary Review- NOT REQUIRED activity does not appear to be located on sovereign submerged lands, and does not require further orization under chapter 253 of the Florida Statutes, or chapters 18-20 or 18-21 of the Florida iinistrative Code. .e Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (Board Trustees) and issues certain authorizations for the use of sovereign submerged lands. The ,partment has the authority to review activities on sovereign submerged lands under Chapters 253 d 258 of the Florida Statutes, and Chapters 18-20 and 18-21 of the Florida Administrative Code. Federal Review - NOT APPROVED our proposed activity as outlined on your application and attached drawings does not qualify for ,deral authorization pursuant to the State Programmatic General Permit and a SEPARATE permit authorization shall be required from the Corps. You must apply separately to the Corps using .eir APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT, ENG FORM 4345, or ternative as allowed by their regulations. More information on Corps permitting may be found aline in the Jacksonville District Regulatory Division Source Book at: ;hority for review - an agreement with the USACOE entitled "Coordination Agreement Between U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of rironmental Protection (or Duly Authorized Designee), State Programmatic General Permit", tion 10 of the Rivers and Harbor Act of 1899, and Section 404 of the. Clean Water Act. al Information retain this letter. The activities may be inspected by authorized state personnel in the future to compliance with appropriate statutes and administrative codes. If the activities are not in ance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18-14, F.A.C. NICE OF RIGHTS s action is final and effective on the date filed with the Clerk of the Department unless a petition an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the dline for filing a petition. On the filing of a timely and sufficient petition, this action will not be J and effective until further order of the Department. Because the administrative hearing process is igned to formulate final agency action, the hearing process may result in a modification of the ncy action or even denial of the application. ect No.: 56-0372310-001-EE ect Name: Wyenandt Boat Lift ;3of6 person whose substantial interests are affected by the Department's action may petition for an ministrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28- 16.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following (a) The name and address of each agency affected and each agency's file or identification number, if ) The name, address, and telephone number of the petitioner; the name, address, and telephone ember of the petitioner's representative, if any, which shall be the address for service purposes tring the course of the proceeding; and an explanation of how the petitioner's substantial interests e 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; (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 A statement of the relief sought by the petitioner, stating precisely the action that the petitioner hes the agency to take with respect to the agency's proposed action. to petition must be filed (received by the Clerk) in the Office of General Counsel of the Department 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via .ctronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be tiled to the applicant at the address indicated above at the time of filing. accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the .3licant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 21 ys of receipt of this written notice. Petitions filed by any persons other than the applicant, and other Ln those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of blication of the notice or within 21 days of receipt of the written notice, whichever occurs A. You cannot justifiably rely on the finality of this decision unless notice of this decision and the lit of substantially affected persons to challenge this decision has been duly published or otherwise )vided to all persons substantially affected by the decision. While you are not required to publish Lice of this action, you may elect to do so pursuant Rule 62-110.106(10)(a). 1�he 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. If you do not publish ct No.: 56-0372310-001-EE ct Name: Wyenandt Boat Lift 4of6 ice of this action, this waiver will not apply to persons who have not received written notice of this nder Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the epartment's action may also request an extension of time to file a petition for an administrative taring. The Department may, for good cause shown, grant the request for an extension of ne. Requests for extension of time must be filed with the Office of General Counsel of the epartment at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or a electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a ;tition for an administrative hearing. A timely request for extension of time shall toll the running of .e time period for filing a petition until the request is acted upon. iation 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 also appellate review of this order before the Land and Water Adjudicatory Commission under ion 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory mission must be filed with the Secretary of the Commission and served on the Department in 20 days from the date when this order is filed with the Clerk of the Department. ice this decision becomes final, any party to this action has the right to seek judicial review rsuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Dcedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel Cation #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of Department. AND CLERKING in West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION -r Weller ental Manager District ct No.: 56-03 723 10-00 1 -EE ct Name: Wyenandt Boat Lift 5of6 sures: Attachment A applicable Rules or Statutes Project drawings, 3 pages 'ERTIFICATE OF SEP undersigned duly designated deputy clerk hereby certifies that this document and all attachments sent on the filing date below to the following listed persons: — Chris Weller, Bruce Kay LED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt which is hereby acknowledged. Rr�w+&a.Q�tnFebruary 5, 2019 lerk Date Attachment A 62-330.051 Exempt Activities. The activities meeting the limitations and restrictions below are exempt from permitting. However, if 16cated in, on, or over state-owned submerged lands, they are subject to a separate authorization under chapters 253 and 258, F.S., 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 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 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. ; 4 _ Gregory A. Wyenandt iL©1lb,tU'_' In�pAp:' �r; 113 Queen Bess Ct. Fort Pierce, FL 34949 if I t:cd a H ty SI Wds s, , A­.L1 All as P ' q` } •o, FUt PlelCe hla' 01 Permit Number\ 56-0372310-001-EE Southeast District Figure 1: Wyenandt Project Gregory A. Wyenandt DEP File No. TBD David Cox Consulting, LLC Location 113 Queen Bess Ct. T34S - R40E -S14 2044 14th Avenue, Ste.24 Fort Pierce, FL 34949 Vero Beach, FL 32960 11 Gregory A. Wyenandf 113 Queen Bess Ct. Fort Pierce, FL 349491 may: Construction Notes: Contractor shall employ Best Management Practices for use of turbidity & erosion control devices during all construction activities. Pilings to be installed by driving from land rather than barge. 1 ` L • � � ice. ` _ -L . t r1 1 I I u n a-,, Cl f Property line 8" Pilings for boat and jet ski lift- fi 12 ft, o.c. for boat lift; PVC, or equivalent, Riparian Line C wrapped chemically -treated wood pilings I Turbidity control device ideployed during all phases of construction