HomeMy WebLinkAboutFLORIDA DEPARTMENT OF ENVIORNMENTAL PROTECTIONJuly 30, 2015
Donald Hinkle
Rick Scott
Governor
Environmental Protection Carlos Lopez-Cantera
SOUTHEAST DISTRICT OFFICE Lt. Governor
3301 GUN CLUB ROAD, MSC 7210-1
WEST PALM BEACH, FL 33406 Jonathan P. Steverson
561-681-6600 Interim Secretary
SCANNED
(f AC1% BY
St. Lucie County
Florida Department oT`
4305 S. Indian River Drive
Ft. Pierce, FL 34982
Sent via email: donhinkle@bellsouth.net
Dear Mr. Hinkle:
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Enclosed is Environmental Resource Permit No. 56-0336113-001, issuldt3 pursuant to Part IV of Chapter
373, Florida Statutes (F.S.), and Title 62, Florida Administrative Code (F.A.C.).
Appeal rights for you as the permittee and for any affected third party are described in the text of the
permit along with conditions which must be met when permitted activities are undertaken. Please review
this document carefully to ensure compliance with both the general and specific conditions contained
herein. As the permittee, you are responsible for compliance with these conditions. Please ensure all
construction personnel associated with your activity review and understand the attached drawings
and conditions. Failure to comply with this permit may result in liability for damages and restoration,
and the imposition of civil penalties up to $10,000.00 per violation per day pursuant to Sections 403.141
and 403.161, F.S.
In addition, please ensure the construction commencement notice and all other reporting conditions are
forwarded to the appropriate office as indicated in the specific conditions.
If you have any questions about this document, please contact me at (772) 467-5560 or by email at
cynthia.lott@dep.state.fl.us.
Sincerely,
&O
Cynthia Lott
Environmental Specialist III
Submerged Lands & Environmental
Resources Program
www. dep. state. A us FILE copy
ems•
Permit Review Checklist
(A summary of the required monitoring and reporting activities for your project)
❑ Contact DEP to Schedule
Pro -construction Meeting
❑ Submit Pre -Construction Notice
Form to DEP
❑ Temporary Erosion & Turbidity Control
Structures in Place
Activity
❑ Permit with All Attachments
Kept at the Work Site
❑ Permanent Erosion & Turbidity Control
Structures in Place
❑ Turbidity Monitoring
❑ Report Changes to Permitted
Drawings / Plans / Activities
❑ Restore Construction / Staging
Areas
❑ -Completion and Certification
(As -Built) Form"signed & sealed
by P.E. and sent to DEP
❑ Transfer Form Submitted to DEP
rre-itonstrucuon xequirements
Date Due Date
Prior to construction
48 His. Before Construction
Prior to construction
Date Due
Permit shall be available on -site
for DEP inspector at all times
Structures should be inspected
daily
As necessary, submitted weekly
Contact DEP before
any changes
rust-t-onstrucnon
Date Due
14 days after construction
30 days after construction
Within 30 days Sale of property
(if property sold)
Date
Date
For the above criteria that require you to contact Department, please contact the FDEP- Southeast District Branch Office,
Environmental Resources Permitting Section, 337 N 41h Street, Suite 307, Fort Pierce, FL 34950-4206; Attention: Irene
Arpayoglou, Phone: (772) 467-5557, Email: Irene.aruavoglou@den.state.fl.us.
PLEASE NOTE: As the property owner/permittee, you are ultimately responsible for ensuring that the required conditions of
your permit are complied with and timely reported to the Department. Please ensure that any designated contractors or agents
acting on your behalf are familiar with these requirements.
Florida Department 6r
Environmental Protection
SOUTHEAST DISTRICT OFFICE
3301 GUN CLUB ROAD, MSC 7210-1
WEST PALM BEACH, FL 33406
561-681-6600
Permittee/Authorized Entity:
Donald Hinkle
4305 S. Indian River Drive
Ft. Pierce, FL 34982
Email: donhinkle@bellsouth.net
Project Name:
Hinkle single family dock
Rick Scott
Governor
Carlos Lopez-Cantera
Lt. Governor
Jonathan P. Steverson
Interim Secretary
Authorized Agent:
DLS Environmental Services, Inc.
c/o Danna Small, President
Phone: (772) 215-3997; Email: danna@dlsenvironmentulservices.com
Compliance Project Manager:
Irene Arpayoglou, Environmental Specialist III
Phone: (772) 467-5557; Email: irene.amayoglou@dea.state.fl.us
Environmental Resource Permit - Granted
State-owned Submerged Lands Authorization — Granted
U.S. Army Corps of Engineers Authorization —Granted per State Programmatic General Permit
Permit No.: 56-0336113-001
Permit Issuance Date: July 30, 2015
Permit Construction Phase Expiration Date: July 29, 2020
www.dep.state.Aus
Consolidated Environmental Resource Permit
and
State-owned Submerged Lands Authorization
Permittee/ Grantee: Hinkle, Donald
Permit No.: 56-0336113-001
PROJECT LOCATION
The activities authorized by this Permit and state-owned submerged lands authorization are located
within the Indian River, within the Jensen Beach to Jupiter Inlet Aquatic Preserve, Outstanding
Florida Waters, Class III Waters, adjacent to 4305 South Indian River Drive, Ft. Pierce (Section 35,
Township 35 South, Range 40 East), in St. Lucie County (Latitude N 27' 23' 28.93", Longitude W
80° 18' 01.41").
PROJECT DESCRIPTION
The permittee is authorized to perform the following activities: (1) construct a 4 ft. x 65 ft. (260 sq.
ft.) upland ramp, (2) construct a new 1,440 sq. ft. dock, consisting of a 320 ft. x 4 ft. (1,280 sq. ft.)
access walkway leading to an 8 ft. x 20 ft. (160 sq. ft.) terminal platform and (3) install one associated
14 ft. x 14 ft. boatlift (196 sq. ft.) within the landward extent of the Indian River, a Class III,
Outstanding Florida Waterbody, Jensen Beach to Jupiter Inlet Aquatic Preserve. Those activities
include the construction and use of 1,636 square feet of preemption of state-owned sovereignty
submerged lands. Authorized activities are depicted on the attached exhibits.
The submerged bottom throughout the project site consists of seagrass resources including shoal grass
(Halodule wrightii), turtle grass (Thallasia testudinum), and manatee grass (Syringodium filiforme),
and the shoreline at the project site is natural. To minimize impacts to existing seagrasses, the surface
of the entire dock shall be elevated a minimum of five feet above the mean high water line (MHWL),
the wood decking on the access walkway shall have a minimum of t/z" spacing, and the terminal
platform shall have grated decking. All chemically treated wooden piles shall be wrapped with
industry standard inert synthetic material from one ft. above the MHWL to one ft. below the substrate.
This permit authorizes one boatlift located adjacent to the terminal platform. To ensure adequate
clearance between the top of the submerged seagrass resources to the bottom of the propeller, the
maximum draft (with the engine in the down position) of the vessels to be moored in the slips shall
be 12-inches. The dock shall terminate in water depths of minus 3.0 ft. meats low water (MLW) and
to prevent unauthorized mooring, handrails shall be installed along the entire access walkway, or
signs stating that "No Mooring Beyond This Point" shall be installed immediately landward of the
two designated mooring locations, as shown on the permit sketches.
The attached standard manatee conditions (version 2011) included in the Federal SPGP Conditions
shall be adhered to during all in -water work. Prior to construction commencement, weighted floating
turbidity curtains, extending to within one- foot from the submerged bottom shall be utilized around
the project area to ensure that any turbidity resulting from construction activities will be contained
within the project boundaries. All water bodies, including any adjacent submerged aquatic vegetation
outside the specific limits of construction authorized by this permit shall be protected from erosion,
siltation, sedimentation, and/or scouring.
Pemdttee: Hinkle, Donald
Permit No.: 56-0336113-001
Page 2 of 13
AUTHORIZATIONS
Environmental Resource Permit
The Department has determined that the activity qualifies for an Environmental Resource Permit.
Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of Chapter 373,
Florida Statutes (F.S.), and Chapter 62-330, Florida Administrative Code (F.A.C.).
Sovereignty Submerged Lands Authorization
The activity is located on sovereignty submerged lands owned by the State of Florida. It therefore
also requires authorization from the Board of Trustees of the Internal Improvement Trust Fund (Board
of Trustees), pursuant to Article X, Section 11 of the Florida Constitution, and Section 253.77, F.S.,
and Chapter 258, F.S.
As staff to the Board of Trustees under Sections 253.002, F.S., the Department has determined that
the activity qualifies for and requires a Letter of Consent, as long as the work performed is located
within the boundaries as described and is consistent with the terms and conditions herein.
During the term of this Letter of Consent you shall maintain satisfactory evidence of sufficient upland
interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code. If such interest is
terminated or the Board of Trustees determines that such interest did not exist on the date of issuance
of this Letter of Consent, this Letter of Consent may be terminated by the Board of Trustees at its
sole option. If the Board of Trustees terminates this Letter of Consent, you agree not to assert a claim
or defense against the Board of Trustees arising out of this Letter of Consent.
Federal Authorization
Your proposed activity as outlined on your application and attached drawings qualifies for Federal
authorization pursuant to the State Programmatic General Permit IV -RI, and a SEPARATE permit
or authorization will not be required from the Corps. Please note that the Federal authorization expires
on July 25, 2016. You, as perarittee, are required to adhere to all General Conditions and Special
conditions that may apply to your project." A copy of the SPGP IV-R 1 with all terms and conditions
and the General Conditions may be found at
http://www.sai.usace.anny mil/Divisions/Regulatory/sourcebook htm.
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.
Coastal Zone Management
Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal Zone
Management Program, as required by Section 307 of the Coastal Zone Management Act.
Water Quality Certification
This permit also constitutes a water quality certification under Section 401 of the Clean Water Act,
33 U.S.C.1341.
Other Authorizations
Permittee: Hinkle, Donald
Permit No.: 56-0336113-001
Page 3 of 13
You are advised that authorizations or permits for this activity may be required by other federal, state,
regional, or local entities including but not limited to local governments or municipalities. This
permit does not relieve you from the requirements to obtain all other required permits or
authorizations.
The activity described may be conducted only in accordance with the terms, conditions and
attachments contained in this document. Issuance and granting of the permit and authorizations
herein do not infer, nor guarantee, nor imply that future permits, authorizations, or modifications will
be granted by the Department.
PERMIT/SOVEREIGNTY SUBMERGED LANDS CONDITIONS
The activities described must be conducted in accordance with:
• The Specific Conditions
• The General Conditions
• The General Conditions for Sovereignty Submerged Lands Authorization
• The limits, conditions and locations of work shown in the attached drawings
• The term limits of this authorization
You are advised to read and understand these conditions and drawings prior to beginning the
authorized activities, and to ensure the work is conducted in conformance with all the terms,
conditions, and drawings herein. If you are using a contractor, the contractor also should read and
understand these conditions and drawings prior to beginning any activity. Failure to comply with
these conditions, including any mitigation requirements, shall be grounds for the Department to
revoke the permit and authorization and to take appropriate enforcement action.
Operation of the facility is not authorized except when determined to be in conformance with all
applicable rules and this permit and sovereignty submerged lands authorization, as described.
SPECIFIC CONDITIONS- PROJECT FORMS & ATTACHMENTS
(1) The attached 1-page permit checklist; the attached project drawings (sheets 1 through
9); the attached 1-page "Standard Manatee Conditions for In -Water Work, 2011 (Exhibit A); and
DEP forms 62-330.310(3), 62-330.310(1); 62-330.310(2); 62-330.340(1); and 62-330.350(1), which
may be downloaded at http://www.dep.state.fl.us/water/wetlands/ern/forms.htm become part of this
permit. If the permittee does not have access to the Internet, please contact the Department at (772)
467-5557 to request the aforementioned forms and/or document(s).
(2) If the attached permit drawings conflict with the specific conditions, then the specific
conditions shall prevail.
SPECIFIC CONDITIONS - PRIOR TO CONSTRUCTION
(3) After selection of the contractor to perform the authorized activities and prior to the
initiation of any work authorized by this permit, the permittee (or authorized agent) and the contractor
shall attend a pre -construction conference with a representative of the Department. It shall be the
responsibility of the permittee to contact this project's Compliance Project Manager, Irene
Arpayoglou, by email irene.arpavoglou@dei).state.fl.us or by phone (772) 467-5557, to schedule the
pre -construction conference. If the assigned Compliance Project Manager cannot be reached,
Permittee: Hinkle, Donald
Permit No.: 56-0336113-001
Page 4 of 13
the permittee shall contact the ERP Program Compliance/Enforcement section by phone (561)
681-6600, to schedule the pre -construction conference.
(4) The permittee shall ensure that the permit conditions are explained to all construction
personnel working on the project and for providing each contractor and subcontractor with a copy of
this permit before the authorized work begins.
(5) Prior to installation, all CCA-treated wood pilings shall be wrapped in industry
standard inert synthetic material from one ft. above the MHWL to one ft. below the substrate, as
shown on the attached permit sketches.
(6) Prior to construction, floating turbidity curtains shall be installed and shall remain in
place for the duration of the project construction to ensure that turbid discharges do not occur outside
the boundaries of the floating turbidity screens.
SPECIFIC CONDITIONS — CONSTRUCTION ACTIVITIES
(7) All storage or stockpiling of tools or materials (i.e. lumber, pilings, debris, etc.) shall
be limited to uplands or on the construction barges. There shall be no storage or stockpiling of tools,
materials (i.e., lumber, pilings, debris), along the shoreline or below the mean high water line.
(8) All watercraft associated with the construction of the permitted structure shall only
operate within waters of sufficient depth (one -foot clearance from the deepest draft of the vessel to
the top of submerged resources) so as to preclude bottom scouring, prop dredging, or damage to
submerged resources.
(9) Turbidity levels outside the construction area shall not exceed 0 NTU's above ambient
levels. The following measures shall be taken immediately by the permittee whenever turbidity levels
within waters of the State surrounding the project site exceed ambient turbidity levels of the
surrounding Outstanding Florida Waters:
a. Notify the Department at (772) 467-5560 at the time the violation is first detected.
b. Immediately cease all work contributing to the water quality violation.
C. Stabilize all exposed soils contributing to the violation. Modify the work procedures
that were responsible for the violation, install more turbidity containment devices, and
repair any non-functional turbidity containment devices.
d. As required, perform turbidity monitoring per Specific Conditions below.
e. Resume construction activities once turbidity levels outside turbidity curtains fall
below background levels.
(10) Turbidity Monitoring, Water turbidity levels shall be monitored if a turbidity plume
is observed outside the limits of the required turbidity control devices. Samples shall be taken every
four hours, one foot above the bottom, mid -depth, and one -foot below the surface at monitoring
stations located as follows:
a. Approximately 100 feet up -current of the work sites and clearly outside the influence
of construction activities. (This shall serve as the natural background sample against
which other turbidity readings shall be compared.)
Pernuttee: Hinkle, Donald
Permit No.: 56-0336113-001
Page 5 of 13
b. Directly outside the turbidity curtains surrounding the work sites and within the
densest portion of any visible turbidity plume. (This sample shall serve as the
compliance sample.)
(11) Turbidity Monitoring Reports. During dock construction activities, the permittee or
permittee's contractor shall collect the following turbidity monitoring data at the frequency and water
depths directed by Specific Condition 10:
a. Date and time of sampling event
b. Turbidity sampling results (background NTUs, compliance NTUs, and the
difference between them)
C. Description of data collection methods
d. An aerial map indicating the sampling locations
e. Depth of sample(s)
f. Weather conditions at times of sampling
g. Tidal stage and direction of flow
Data shall be collected in a turbidity log and shall include a statement by the individual responsible
for implementation of the sampling program attesting to the authenticity, precision, limits of
detection, and accuracy of the data. The turbidity log shall be scanned and sent on a weekly basis to
the Department's Compliance Project Manager, Irene Arpayoglou, by email at
h-ene.Arpayoglou@dep.state.fl.us. The subject line of the email shall include the project name,
permit number, and the title "Turbidity Monitoring Reports."
SPECIFIC CONDITIONS — OPERATION AND MAINTENANCE ACTIVITIES
(12) In order to allow maximum light penetration and minimize impacts to seagrasses, the
surface of the dock shall be elevated five feet above the Mean High Water line (MHW), as shown on
attached permit sketches. The entire access walkway shall be constructed with''/z inch deck spacing
and terminal platform shall be constructed with grated decking.
(13) This permit authorizes a one boatlift located adjacent to the terminal platform. To
ensure adequate clearance between the top of the submerged bottom to the bottom of the propeller,
the maximum draft (with the engine in the down position) of the vessels to be moored in the slips
shall be 12-inches.
(14) Due to the presence of resources occurring immediately east of the boatlift mooring
area, the ingress/egress route shall be utilized via a northeast direction as shown on the exhibit, sheet
9 of 9.
(15) To prevent unauthorized mooring, rope or rigid handrails or No Mooring signs shall
be installed along the entire access walkway as shown on the sketch drawings.
(16) The dock shall not be occupied by a liveaboard. A liveaboard vessel shall be defined
as a vessel docked at a facility that is inhabited by a person or persons for any 5 consecutive days or
a total of 10 days within a 30-day period.
Permittee: Hinkle, Donald
Permit No.: 56-0336113-001
Page 6 of 13
SPECIFIC CONDITIONS — MANATEE CONDITIONS
(17) During all in -water work, the permittee shall comply with the standard manatee
protection construction conditions listed in the attached 1-page "Standard Manatee Conditions for In -
Water Work, 2011".
GENERAL CONDITIONS FOR INDIVIDUAL PERMITS
The following general conditions are binding on all individual permits issued under chapter 62-330,
F.A.C., except where the conditions are not applicable to the authorized activity, or where the
conditions must be modified to accommodate project -specific conditions.
(1) All activities shall be implemented following the plans, specifications and
performance criteria approved by this permit. Any deviations must be authorized in a permit
modification in accordance with Rule 62-330.315, F.A.C. Any deviations that are not so authorized
may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S.
(2) A complete copy of this permit shall be kept at the work site of the permitted activity
during the construction phase, and shall be available for review at the work site upon request by the
Agency staff. The permittee shall require the contractor to review the complete permit prior to
beginning construction.
(3) Activities shall be conducted in a manner that does not cause or contribute to violations
of state water quality standards. Performance -based erosion and sediment control best management
practices shall be installed immediately prior to, and be maintained during and after construction as
needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be
in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual
(Florida Department of Environmental Protection and Florida Department of Transportation June
2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida
Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee,
Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5.,
F.A.C., unless a project -specific erosion and sediment control plan is approved or other water quality
control measures are required as part of the permit.
(4) At least 48 hours prior to beginning the authorized activities, the permittee shall submit
to the Agency a fully executed Form 62-330.350(1), "Construction Commencement Notice,"
[October 1, 20131, which is incorporated by reference in paragraph 62-330.350(l)(d), F.A.C.,
indicating the expected start and completion dates. A copy of this form may be obtained from the
Agency, as described in subsection 62-330.010(5), F.A.C. If available, an Agency website that fulfills
this notification requirement may be used in lieu of the form.
(5) Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an
operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms
and conditions of the permit for the life of the project or activity.
(6) Within 30 days after completing construction of the entire project, or any independent
portion of the project, the permittee shall provide the following to the Agency, as applicable:
Permittee: Hinkle, Donald
Permit No.: 56-0336113-001
Page 7 of 13
a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex —
"Construction Completion and Inspection Certification for Activities Associated With a Private
Single -Family Dwelling Unit" [Form 62-330.310(3)1; or
b. For all other activities — "As -Built Certification and Request for Conversion to Operational Phase"
[Form 62-330.310(1)].
c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the
form.
(7) If the final operation and maintenance entity is a third party:
a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or
within 30 days of as- built certification, whichever comes first, the permittee shall submit, as
applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of
Volume I) as filed with the Department of State, Division of Corporations and a copy of any
easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the
Clerk of the Court in the County in which the activity is located.
b. Within 30 days of submittal of the as- built certification, the permittee shall submit "Request for
Transfer of Environmental Resource Permit to the Perpetual Operation Entity" [Form 62-
330.310(2)] to transfer the permit to the operation and maintenance entity, along with the
documentation requested in the form. If available, an Agency website that fulfills this transfer
requirement may be used in lieu of the forth.
(8) The permittee shall notify the Agency in writing of changes required by any other
regulatory agency that require changes to the permitted activity, and any required modification of this
permit must be obtained prior to implementing the changes.
(9) This permit does not:
a. Convey to the permittee any property rights or privileges, or any other rights or privileges other
than those specified herein or in Chapter 62-330, F.A.C.;
b. Convey to the permittee or create in the permittee any interest in real property;
c. Relieve the permittee from the need to obtain and comply with any other required federal, state,
and local authorization, law, rule, or ordinance; or
d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled
by the permittee.
(10) Prior to conducting any activities on state-owned submerged lands or other lands of the
state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the
permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S.
Written authorization that requires formal execution by the Board of Trustees of the Internal
Improvement Trust Fund shall not be considered received until it has been fully executed.
(11) The permittee shall hold and save the Agency harmless from any and all damages, claims,
or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal,
abandonment or use of any project authorized by the permit.
(12) The permittee shall notify the Agency in writing:
a. Immediately if any previously submitted information is discovered to be inaccurate; and
Permittee: Hinkle, Donald
Permit No.: 56-0336113-001
Page 8 of 13
b. Within 30 days of any conveyance or division of ownership or control of the property or the
system, other than conveyance via a long-term lease, and the new owner shall request transfer of
the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or
units in residential or commercial subdivisions or condominiums where the stormwater
management system has been completed and converted to the operation phase.
(13) Upon reasonable notice to the permittee, Agency staff with proper identification shall
have permission to enter, inspect, sample and test the project or activities to ensure conformity with the
plans and specifications authorized in the permit.
(14) If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal
implements, dugout canoes, or any other physical remains that could be associated with Native American
cultures, or early colonial or American settlement are encountered at any time within the project site area,
work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The
permittee or other designee shall contact the Florida Department of State, Division of Historical
Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the
appropriate permitting agency office. Such subsurface work shall not resume without verbal or written
authorization from the Division of Historical Resources. If unmarked human remains are encountered,
all work shall stop immediately and notification shall be provided in accordance with Section 872.05,
F.S.
(15) Any delineation of the extent of a wetland or other surface water submitted as part of the
permit application, including plans or other supporting documentation, shall not be considered binding
unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C.,
provides otherwise.
(16) The permittee shall provide routine maintenance of all components of the stormwater
management system to remove trapped sediments and debris. Removed materials shall be disposed of in
a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or
cause violations of state water quality standards.
(17) This permit is issued based on the applicant's submitted information that reasonably
demonstrates that adverse water resource -related impacts will not be caused by the completed permit
activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain
any necessary permit modification, and take any necessary corrective actions to resolve the adverse
impacts.
(18) A Recorded Notice of Environmental Resource Permit may be recorded in the county
public records in accordance with subsection 62-330.090(7), F.A.C. Such notice is not an encumbrance
upon the property.
GENERAL CONDITIONS FOR SOVEREIGNTY SUBMERGED LANDS
AUTHORIZATION
Any use of sovereignty submerged lands is subject to the following general conditions are binding
upon the applicant and are enforceable under Chapter 253, F.S. X and Chapter 258, F.S.
Permittee: Hinkle, Donald
Permit No.: 56-0336113-001
Page 9 of 13
(1) Sovereignty submerged lands may be used only for the specified activity or use. Any
unauthorized deviation from the specified activity or use and the conditions for undertaking that
activity or use will constitute a violation. Violation of the authorization will result in suspension or
revocation of the applicant's use of the sovereignty submerged lands unless cured to the satisfaction
of the Board of Trustees.
(2) Authorization under Rule 18-21.005, F.A.C., conveys no title to sovereignty
submerged lands or water column, nor does it constitute recognition or acknowledgment of any other
person's title to such land or water.
(3) Authorizations under Rule 18-21.005, F.A.C., may be modified, suspended or revoked
in accordance with its terms or the remedies provided in Sections 253.04, F.S. and Chapter 18-14,
F.A.C.
(4) Structures or activities will be constructed and used to avoid or minimize adverse
impacts to resources.
(5) Construction, use, or operation of the structure or activity will not adversely affect any
species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-
27.004, and 68A-27.005, F.A.C.
(6) Structures or activities will not unreasonably interfere with riparian rights. When a
court of competent jurisdiction determines that riparian rights have been unlawfully affected, the
structure or activity will be modified in accordance with the court's decision.
(7) Structures or activities will not create a navigational hazard.
(8) Structures will be maintained in a functional condition and will be repaired or removed
if they become dilapidated to such an extent that they are no longer functional.
(9) Structures or activities will be constructed, operated, and maintained solely for water
dependent purposes.
(10) The applicant agrees to indemnify, defend and hold harmless the Board of Trustees
and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the
authorization to use sovereignty submerged lands or the applicant's use and construction of structures
on sovereignty submerged lands. This duty to indemnify and hold harmless will include any and all
liabilities that are associated with the structure or activity including special assessments or taxes that
are now or in the future assessed against the structure or activity during the period of the authorization.
(11) Failure by the Board of Trustees to enforce any violation of a provision of the
authorization or waiver by the Board of Trustees of any provision of the authorization will not
invalidate the provision not enforced or waived, nor will the failure to enforce or a waiver prevent the
Board of Trustees from enforcing the unenforced or waived provision in the event of a violation of
that provision.
Permittee: Hinkle, Donald
Permit No.: 56-0336113-001
Page 10 of 13
(12) Applicant binds itself and its successors and assigns to abide by the provisions and
conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses
to comply with the provisions and conditions of the authorization, the authorization may be terminated
by the Board of Trustees after written notice to the applicant or its successors or assigns. Upon receipt
of such notice, the applicant or its successors or assigns will have thirty (30) days in which to correct
the violations. Failure to correct the violations within this period will result in the automatic
revocation of this authorization.
(13) All costs incurred by the Board of Trustees in enforcing the terms and conditions of
the authorization will be paid by the applicant. Any notice required by law will be made by certified
mail at the address shown on page one of the authorization. The applicant will notify the Board of
Trustees in writing of any change of address at least ten days before the change becomes effective.
(14) This authorization does not allow any activity prohibited in a conservation easement
or restrictive covenant that prohibits the activity.
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 hearing process may result in a modification of the
agency action or even denial of the application.
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;
(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
(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.
Permittee: Hinkle, Donald
Permit No.: 56-0336113-001
Page 11 of 13
i
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 14 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 14 days of publication of the notice or within 14 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 14 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 parry) 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.
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
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 this order is filed with the Clerk of the Department.
Judicial Review
Once this decision becomes final, 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.
Permittee: Hinkle, Donald
Permit No.: 56-0336113-001
Page 12 of 13
Executed in Palm Beach County, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
� )3t)
anon Andreotta
Permitting Program Administrator
Southeast District
Attachments:
Permit checklist, 1 page
Project Drawings and Design Specs., 9 pages
Exhibit A, SPGP General Conditions, 6 pages
Construction Completion and Inspection Certification for Activities Associated With a Private
Single -Family Dwelling Unit Form 62-330.310(3)*
As -built Certification and Request for Conversion to Operational Phase Form 62-330.310(1)*
Request for Transfer to the Perpetual Operation Entity Form 62-330.310(2)*
Request to Transfer Permit Form 62-330.340(1)*
Commencement Notice Form 62-330.350(1)*
*Can be downloaded at: http://www.dep.state.fl.us/water/wetlands/eM/forms.htm
Copies furnished to:
Cindy Lott, FDEP- Project Manager, cynthia.lott@deo.state.fl.us
Irene Arpayoglou, FDEP- Compliance and Enforcement, irene.arpayoglou@dep.state.fl.us
USACOE- Palm Beach Gardens, FDEP-SP@usace.armv.mil
Danna Small, DLS Environmental Services, Inc., danna@dlsenvironmentalservices.com (agent)
FILING AND ACKNOWLEDGMENT
FILED, on this date, under 120.52(7) of the
Florida Statutes, with the designated Department Clerk,
receipt of hi hereby acknowled ed.
'- 30
Clerk Date
OCULUS: ERP/PenrtittingAuthorization/ERP_336113IPerrnit Final/ERP Individual No Conceptital-EI/ooI
Permittee: Hinkle, Donald
Permit No.: 56-0336113-001
Page 13 of 13
J
Exhibit A
(6 pages)
GENERAL CONDITIONS FOR FEDERAL AUTHORIZATION FOR SPGP IV-R1
1. The time limit for completing the work authorized ends on July 25, 2016.
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 and
mailing address of the new owner in the space provided below 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.
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.
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 below.
(TRANSFEREE -SIGNATURE) (DATE)
(NAME -PRINTED)
(ADDRESS)
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
lmperiledSpecies@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.
MT f *
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All project vessels
IDLE SPEED / NO TWAKIE
When a manatee is within 50 feet of work
all in -water activities must
SHUT DOWN
Report any collision with or injury to a manatee:
400
Wildlife Alert:
1-888-4'04-FWCC (3922)
cell *FWCor#FWC
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
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 strandingtrescue organization.
g. Any special construction conditions, required of your specific project, outside these general
conditions, if applicable, will be addressed in the primary consultation.
Revised: March 23, 2006
O:\forms\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc
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