HomeMy WebLinkAboutFDEP DOCK - BOAT LIFTFLORIDA DEPARTMENT OF
Environmental Protection
Southeast District
3301 Gun Club Road, MSC7210-1
West Palm Beach, FL 33406
561.681-6600
November 8, 2018
L + b®*Ll
Linda Petz
2464 SE Dixie HWY
i
Stuart, FL 34994
Sent via e-mail to: linenvirongginail.com
i f R
I
Re: j File No.: 43-0326209-002, 003-EE
File Name: Stevens dock & boat lift
TEC'
Dear Ms. Petz:
Rick Scott
Governor
Carlos Lopez-Caotera
Lt Governor
Noah valenstein
Secretary
RECEIVED
NOV 0 9 2018
ST. Lucie Gewnty, Permitting
-bL V eV)
St Lucie colt
On October 15, 2018, we received your application for an exemption to 1) install and irregularly shaped
dock 14 ft. by 9.5 ft. maximum waterward of 88 ft' area over water and 2) install a boat lift. The project
is located in the submerged lands within Deed 24972(2136-56), Class III Waters, adjacent to 10701 S.
Ocean Dr., Jensen Beach (Section 11, Township 37 South, Range 41 East), in Martin County (Latitude
N 27° 16' 5.68", Longitude W 80' 12' 33.86").
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.
1. Reeulatory Review — VERIFIED
on the information submitted, the Department has verified that the activity as proposed is exempt
Chapter 62-330.051(5)(b), Florida Administrative Code, from the need to obtain a regulatory
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 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
www. dep. state. A us
Project No.: 43-0326209-002, 003-EE
Project Name: Stevens Dock and Lift
Page 2 of 5
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 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, or chapters 18-20 or 18-21 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 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
http•//www saj usace anny mil/Portals/44/docs/re ug latory/soureebook/permitting/general pennits/SP
GP/SPGP V-Permit%201nstrument-Complete.pdf?ver=2016-07-27-071925-25 0.
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.
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 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.
Petition for Administrative Hearing
A person whose substantial interests are affected by the Department'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 information:
(a) The name and address of each agency affected and each agency's file or identification
number, if known;
Project No.: 43-0326209-002, 003-EE
Project Name: Stevens Dock and Lift
Page 3 of 5
I
(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;
(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
i
(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 120.60(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 . determination (hearing) under Sections
1201.569 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.
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.
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, 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 period for filing a petition until the request is acted upon.
Mediation
Mediation is not available in this proceeding.
FLAWAC Review
i
Project No.: 43-0326209-002, 003-EE
Project Name: Stevens Dock and Lift
Page 4 of 5
The applicant, or any parry 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(l) 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 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 Bruce Kay at (561) 681-6695 or by email at
Bruce.Kay_(a),floridadep.gov .
Executed in Orlando, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
4 w4w
Chris Weller
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:
FDEP — Chris Weller, Bruce Kay
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, F
of which is hereby acknowledged.
November 8, 2018
Clerk Date
S., with the designated Department Clerk, receipt
ProjectNo.: 43-0326209-002, 003-EE
Project Name: Stevens Dock and Lift
Page',5 of 5
Enclosures:
Attachment A- Specific Exemption Rule
General Conditions for use of the Federal SPGP V
Project Drawings, 4 pages
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 —
(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
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.
General Conditions for Federal Authorization for SPGP V
1. The time limit for completing the work authorized ends on July 26, 2021.
12. 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
I 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.
12. 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.
I
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.
Y
t
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 t
are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit. i
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.
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:
i
�ADDRESS/LOCATION OF PROJECT:
DATE:
(Subdivision) (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.
I
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
IU.S. Army Corps of Engineers, Enforcement Branch, Post Office Box 4970, Jacksonville, FL
32232-0019.
'(Transferee Signature)
ame Printed)
address)
address)
City, State, Zip Code)
(Date)
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 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 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 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 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-
562-3909) for south Florida, and to FWC at ImperiledSpecies(d_)myFWC.com
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: 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.
r' w N MANATEE HABITAT
All project vessels
IDLE SPEED/NO WAKE
When a manatee is within 50 feet of work
all in -water activities must
SHUT DOWN
Report any collision with or injury to a ma-natee:
Wildlife Bert:
rr 1-888-404-FWCC (3922)
cell X FWC or #FWC
TOP CO
`ups � M�P90
stares of n�
UNITED STATES DEPARTMENT OF COMP
National Oceanic and Atmospheric Administra
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
263 13th Avenue South
St. Petersburg, FL 33701
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 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 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
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 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 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 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 NAHS's Protected Resources Division (PRD) may be made by email to
takereport.nmfsser(@noaa.gov.
j. Sea turtle and marine stranding/rescue organizations' contact information is available by region at
hLtp://www.nmfs.noaa.gov/prihealth/networks.htm.
k. Smalltooth sawfish encounters shall be reported to
http•//www flmnh ufledu/fish/sharks/sawfish/sawfishencounters.html.
I
j 1. All work must occur during daylight hours.
p 1903 Southeast Port
Salm Lucie Boulevard
',N
l__ J
LVlllnlort 5upcfcoIIter
Permit Number
District
Eal
MAP
Stevens Residence
10701 S. Ocean Dr., Lot 646
. Jensen Beach, FL 34957
n4V �enocn Ucach lllvd
c
Treo sure. Coast fi4 uare 9 9 Rooms l'o Go F 1400111s
To Go Kids Furniture —
BEAU RIVAGB
aiES'I
11
1-00tsouth
oceali'.Drlve:.
�i
I
i
A1A� 'I
li
NE Cauee"ny Itivd Jeusd'o
Boach Pjrk.
AERIAL
Stevens Residence
10701 S. Ocean Dr., Lot 646
Jensen Beach, FL 34957
Waterbody:
Canal off of the
Indian River,
min. of 200'±
Pro osed
Dock (88 sq.f±)
MHWlMLW-----•\ %/•j
3'±
4-
1
Stevens Residence
10701 S. Ocean Dr., Lot 646
Jensen Beach, FL 34957
roposed 4 piling
oat Lift
LU]II
0' 10' 20'
Scale
P_r_o-posed Stevens Reside nce-Pr-oposed. wilco Construction, Inc. _Date:_ 8/_28/18
Plan View Dock & Relocated Boat Lift (772)460-6928;FAX(772)460-6929
S
TYPICAL DOCK AND ACCESSWAY CROSS SECTION
(N.T.S.)
The work specified herein
has been designed and all
work shall be in
accordance
with the 2017 Florida
Building Code (6th Edn.).
All codes reference herein
are per the latest adopted
edition.
STRINGERS:
2"x8" 0.4 ACQ spaced
at max,18" with min.1/2" SS
lag bolts on each piling (lap
I
pliced)
Width: Varies
Decking:
1 "x6" Composite Decking fastened
w/ min. 2.5" stainless steel composite
decking screws
Pilings:
min. 8" 0; 2.5 CCA
PT wood,
max. 12' OC
116d
2
Nails Typical
I I
Block
:
m
I I I
To bE
added as needed: Joist:
2"x6"
12" 0.4 ACQ strap 2"x8" 0.4 ACQ on
I I I
block
@mid stringers each side of piling.
(fastened
w/min. 3 ea. Bolted w/ 5/8"
I jI II
II II
min.
" SS screws/nails) SS cut rods.
I II II
II II
II II
M.H.W.
II II
M.L.W.
I
II
CANAL BOTTOM
6
I
I
L
_
pen(
min.
,tration
Stevens Residence-
Wilco Construction,
m
v
Cross View
Dock Structural
Inc.
a
N
m