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Home My WebLink AboutFLORIDA DEPT OF ENVIORNMENTAL PROTECTIONFLORIDA DEPARTMENT OF Environmental Protection southeast District 33014a Club Road MSC72f01 West Palm Reach, FL 33406 56481-6600 October 31, 2018 John Farinelli 10701 S. Ocean Dr. Jensen Beach, FL 34957 Sent via e-mail to: firemaniohnf _ comcast.net Re: File No.: 56-0369539-001, 002-EE File Name: Farinelli Dear Mr. Farinelli: llickkott Governor Carlos LoperCaatera It Governor Noah 1laleastein Secretary MIN.SETBACK CNR SCANNED BY . Lucie county On October 10, 2018, we received your application for an exemption to 1) install a 3 ft. by 18 ft. finger pier and 2) install a boat lift adjacent to pier. The project is located in the manmade canal, Class III Waters, adjacent to 10701 S. Ocean Dr., Jensen Beach (Section 11, Township 37 South, Range 41 East), in St. Lucie County (Latitude N 27' 16' 20.49", Longitude W 80' 12' 31.05"). 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. Regulatory Review — Based on the information submitted, the Department has verified that the activity as proposed is exempt under Chapter 62-330.051(5)(b), Florida Administrative Code, from the need to obtain a regulatory permit under part IV of Chapter 373 of the Florida Statutes. This exemption verification is based on the information you provided the Department and the statutes and rules in effect when the information was submitted. This verification will expire after one year, and will not be valid at any other time if site conditions materially change, the project design is modified, or the statutes or rules governing the exempt activity are amended. However, the activity may still be conducted without further notification to or verification from the Department after the one - year expiration of this verification, provided: 1) the project design does not change; 2) site conditions do not materially change; and 3) there are no changes to the statutes or rules governing the exempt activity. In the event you need to re -verify the exempt status for the activity after the one-year expiration of this verification, anew 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 www.dep.state.Aus a I -, �11 I Project No.: 56-0369539-001, 002-EE Project Name: Farinelli Page 2 of 4 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 hitp://www.sai.usace.anny.mil/Portals/44/does/re ug latoU/sourcebook/permittin eneral permits/SP GP/SPGP V-Permit%20Instrument-Complete.adf?ver-2016-07-27-071925-250. Authority for review - an agreement with the USACOE entitled "Coordination Agreement Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection, or Duly Authorized Designee, State Programmatic General Permit", Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Cie an 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; (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 Project No.: 56-0369539-001, 002-EE Project Name: Farinelli Page 3 of 4 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. 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 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. 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(l)(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 Project No.: 56-0369539-001, 002-EE Project Name: Farinelli Page 4 of 4 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 ai Bruce.Kav@floridadep.gov Executed in Orlando, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Christopher 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 Bruce Jemer, Jerner & Associates, jemer(@bellsouth.net FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F of which is hereby acknowledged. October 31, 2018 Clerk Date S., with the designated Department Clerk, receipt FARINELLI 10701 S OCEAN DR 863 JENSEN BEACH Nessus Number : 69"wtol' 00V Southeast Ifistric jemer &Associates, Inc. SHEET I Marine & Environmental Consulting L 2537SEAIcnsoAve. PortSt. Lucie, FL34952 PIL(772)283,2950 JERNERNELLSOUTH NET 0 ' FARINELLI 10701 S OCEAN DR 863 JENSEN BEACH A lJerner&Associates,Inc. Marine b Environmrntal Consulting 2537SEAIfonsoAve. Port St. Lucie, FL34952 — Ph(772)283.2950 ye _ sr� ERNER@BELLSOUTH.NET Y��cd�-rc,o J Date:: 1015118 SHEET2 A T VENTURE OUT AT RIVER INC LOT FARINELLI 10701 S OCEAN DR 863 JENSEN BEACH 1"= Jerner &Associates, Inc. Marine& Environmental Consulting Date::1015118 2537SEA1fmoAvc. PortSt. Lucie, FL34952 Ph.(772)2832950 JERNER@BELLSOUTH.NET PIN/4aAM Pier Section Thru Pilings jetted to a minimum depth of Wand as necessary to provide adequate bearing and stability H H FARINELLI 10701 S OCEAN- DR 863 JENSEN BEACH Live Load 40 lbs. / Sq Ft Dead Load 5lbs. /Sq Ft iGL Bolts, Nut, ashers 5/8" S.S. 104) w Nut Fully Threaded 6"SYP, .40 ACC ng #1 Grade w J spacing. Fasten 'SS (304) Scree 2 per Stringer c 8" P.T. SYP, .4 treated stringer. buttjolnted, but 's to be staggere c 8" P.T. SYP, .4 treated DBL be. Pier Plan View 3° wII IS, 0 ;to— t d. 0 7ts •�*!�f i __ 1 .. _- _. _. _. _. _. _. t In F IE T tq I: i j it SfrinD .rs 24°• �---------------�� Ijl -------------- O.C. Max Min. 8" Dia. 2.5 XI treated piles Center Stringer(s) toe Nailed w (2) #16 SS (304) Ring Shank Nails @ Each Bent, Outside Stringers Face Nailed w #16 SS (304) Ring Shank Nails Inside or Outside (See Nail Pattern Below) tv u 18" 118. c¢ Permit Number � Z 64169119-00t, OOL • • • � � • • � $vvthmrl Dheriel r r jerner & Associates, Inc. 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Il6IID.12ft61n 12061nIb.. 12N5ln 1 tat CPILING BOAT DFTSPET]FITATION 6HEET •� 2W! 7OP.9EAM(A1 y'iC?P5FAh4 a+Aot�73EntiTtB `�5 „iN5{Ci CAB7L572E(U)i '� � ,• DRIVE(E�j - Hwl""Ni `.ORIVESHIST�, TI�NIMUM11PIyNGS G.0011FIGUATI N, AO601R. 5'DMNNEI lY 6' 6 X6 X1P fi AWM 5/16 55 ]/19(319 j SINGLE PULL DIR6[fONVE 2mw mfnoi L]/] Isaa61 s (DTr q T®U QMNN¢ ]:6 t 4 %6 X32 6 B;AWM 5/16 56 i/1919L] j y_".N 4 PULL S = DIRE�DNYE 3/A H.P IaTF 2J ,. 10.DOUIb TQIANN¢ 1Y 6' SXB°X136 BADJM 5/]6'SS ]/19 (313j DOUB¢PULL DIRECiDNYf l]91M91�FA01 31T1 (501 d0) e1D1Y N) ' i y� vpC018. } AIpNN¢ „�126#' r6 X0°%]S'6 � 8`ALUM S/S6 SSjJ19 (9157 �bOUBIENIL DIPEQPRII'E'.�]Ni (GtY27 �'� �.15d 467 r 81G1T ]I .�,. ]6.WPID B'OIANNEL =6' WXIWXW WAMM 9lWSS]/]513Wj DOUB¢PULL DIRELTENWE IN.P. (grv.11 1-1/2'ISOT421 EO`(OIY.<1 IIP/fiJiAEAQI TITLE: BUILDING CODE: NAME DATE ENGINEERS SEAL 4 PILING BOAT LIFT FBC 2017(0 EDITION) DRAWN ACC 2-2-18 M 1 2 2018 SPECIFICATION SHEET NEC2014(NFPA70) CHECI® PH:8UU-325-1116 ENG APPR. PROPRIETARY AND ODNTIDENTIAI FAX:252-7474377 COMMENTS: SIZE DWG. NO. REV MEIWDRM4nO14 COMANED IN THIS TIDETAMER.COM A DRAWING ISUiESDIE PROFIRtt OF P.O. BOX 1118 DDETAMERDIDMMES. ANY SNOW HILL, NC.2858O ENGINEERING PRODUC ON N PARTORASAWHO7E WXHOUT B-IE WRITTEN PIRMEWON OF SCAI&ASNOTED SHEET 1 OF 1 EDE TAMER MUSiEES IS PROHIEIM DONOT SCALE DRAWNG