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Home My WebLink AboutDEPT OF ENVIORNMENTAL PROTECTIONFLORIOA DEPARTMENT OF Environmental Protection Southeast District 3301 Gun Club Road, MSC72104 West Palm Beach, R 33406 5616816600 Mark Witaczack 12790 NW Mariner Court Palm City, Florida 34990 Sent via e-mail: MWIT@cableone.net Re: File No.: 56-0270639-003-EE File Name: Witczack Slip #61 — Harbour Ridge Marina Dock #1 Dear Mr. Witaczack: Rick Scott Governor Carlos Lopez•Cantera It Governor Noah Valenstein Secretary MIN. SETBACK FRONT CNR TECH On November 29, 2018, we received your application for an exemption to install a boatlift at an existing multi -family docking facility at slip 61. The project is located in,the North Fork of St. Lucie River, within the North Fork St. Lucie Aquatic Preserve, Outstanding Florida Waters, Class III Waters, adjacent to 12600 NW Harbour Ridge Boulevard, Palm City (Section 26, Township 37 South, Range 40 East), in St. Lucie County (Latitude N 27' 13' 48.67", Longitude W 80' 17' 59.80"). 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 — VERIFIED Based on the information submitted, the Department has verified that the activity as proposed is exempt under Chapter 62-330.051(5)(h), Florida Administrative Code, from the need to obtain a regulatory permit under part IV of Chapter 373 of the Florida Statutes. i 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, a new application and verification fee will www,floridadep.gov Project No.: 56-0270639-003-L Project Name: WitaczackSlip #61— Harbour RidgeMarina Dock #1 Page 2 of 6 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 —GRANTED The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) and issues certain authorizations for the use of sovereign submerged lands. The Department has the authority to review activities on sovereign submerged lands under chapters 253 and 258 of the Florida Statutes, and chapters 18-18, 18-20 and 18-21 of the Florida Administrative Code. Your project will occur on sovereignty, submerged land and will require authorization from the Board of Trustees to use public property. As staff to the Board of Trustees, we have reviewed the proposed project and have determined that, as long as they are located within the described boundaries of Sovereignty Submerged Lands Lease No. 560707729 and is consistent the attached general consent conditions, no further authorization from the Board of Trustees is required. General Conditions for State -Owned Submerged Land Authorizations: (a) Authorizations are valid 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 shall constitute a violation. Violation of the authorization shall result in suspension or revocation of the grantee's use of the sovereignty submerged land unless cured to the satisfaction of the Board. (b) Authorizations convey no title to sovereignty submerged land or water column, nor do they constitute recognition or acknowledgment of any other person's title to such land or water. (c) Authorizations may be modified, suspended or revoked in accordance with their terms or the remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18-14, F.A.C. (d) Structures or activities shall be constructed and used to avoid or minimize adverse impacts to sovereignty submerged lands and resources. (e) Construction, use, or operation of the structure or activity shall 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. (f) Structures or activities shall not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity shall be modified in accordance with the court's decision. (g) Structures or activities shall not create a navigational hazard. (h) Structures shall be maintained in a functional condition and shall be repaired or removed if they become dilapidated to such an extent that they are no longer functional. This shall not be construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005, F.A.C., within one year, of a structure damaged in a discrete event such as a storm, flood, accident, or fire. Project No.: 56-0270639-003-1sc Project Name: Witaczack Slip #61 —Harbour Ridge Marina Dock#1 Page 3 of 6 (i) Structures or activities shall be constructed, operated, and maintained solely for water dependent purposes, or for non -water dependent activities authorized under paragraph 18- 21.004(1)(f), F.A.C., or any other applicable law. 3. Federal Review —SPGPAPPROVED 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.sai.usace.army.mil/Portals/44/does/regulatory/sourcebook/permitting/ eneral permits /SPGP/SPGPV-Permit%20Instrument-Complete.pdPver=2016-07-27-071925-250. Authority for review - an agreement with the USACOE entitled "Coordination Agreement Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection, or Duly Authorized Designee, State Programmatic General Permit", Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act. Additional Information Please retain this letter. The activities may be inspected by authorized state personnel in the future to insure compliance with appropriate statutes and administrative codes. If the activities are not in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18-14, F.A.C. 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 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; Project No.: 56-0270639-003-Ec: Project Name: Witaczack Slip #61— Harbour Ridge Marina Dock #1 Page 4 of 6 (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 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 orwithin 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 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(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 the order is filed with the Clerk of the Department. Project No.: 56-0270639-003-Ei Project Name: W itaczack Slip #61 —Harbour Ridge Marina Dock #I Page 5 of 6 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 Heather Walborn at (561) 681-6614 or by email at Heather.Walbom@dep.state.fl.us. Executed in Orlando, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION C',�Jr 4 IV� 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 — Christopher Weller, Heather Walborn Bruce Jerner, Jemer & Associates, Inc., jemer(cbbellsouth.net FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. December 13, 2018 C16rk Date Enclosures: Attachment A- Specific Exemption Rule General Conditions for use of the Federal SPGP V Project Drawings, 4 pages 0 Petsmart Vista Del'Lagoj fit C, 2 4 a Sri Permlt,Number V 56-0270639 E t.,, NVIBAor Rd Southeast Ist it VO Nort R I v e r, Shores -E Y,x 9— SE Backcr lid t C; 7 C' Palm Cove Golf Club & Ya'cfii Club WTTAMAI"k' SLIP #61 jerner &Associates, Inc. I SHEET 1 Marine & Environmental Consulting Date: 111281181 HARBOUR RIDGE MARINA DOCK #1 2537SEA[fonsoAve. Port St. Lucie, FL34952 PIL(772)283-2950 PALM C17Y JERNERNELLSOUTHNET 000 OF 4NVl �$ 80 e r Permit Number 0 56-0270639-003-EE t t p Southeast District d 0 ?p tl0 tiYZB— ADOMONAL LEASE AREA . 5.75B.09 S0. FT.* NOgTH POW OF Cm7 J MiN1 ttf) / 1PTJmS E!>*J MLW DEPTHS FROM NE FALL DF DOM TO EDGE OF CHANNEL VARY FROM 9,1' TO 11.1'. NLW CHAWEL DEP1H 1S 100 PER SURWY BY 0CY INC. DATED 5/11/90 REV. 8/4/98 OVER=WATE`dt SURFACE AREA (aW.S.A.) EYISDNO 7.643 al. REMOVED 120 a.G J' ire T IM / PAM 00 § �o. r. IUCI RJVeR MEMO, I ado f+ • SLIP #61 l• y' -Am W ARKtigi /H6 MT �Rr�f � .t } 49 � Orw pt ! t*� b tro IN wamc N 4enTTr e � ,RG�I',v w s t L R ears• PROPOSED I I-- WITACZACK SLIP #61 ]erner &Associates, Inc. HARBOUR RIDGE MARINA DOCK #1 — — MSEAlf soAEnvie, Port tal ucie,FConsu349 /� 2537SEAI onsaAvc PortSt. Lucia FL34952 Ph(M)283.2950 PALM CITY . - JERNER@BE1.LS0UTH.NET r Date. SHEET2 EXISTING DOCK PLAN SSLL 560707729 SSLL 56070 ��1't 01 S A\ R 0 v 4 a Permit Number a 56-0270639-003-EE Southeast District YS 9: LEASE BOUNDARY NORTH FORK ST L UCIE RIVER EXISTING i CONCRETEPRES WITACZACKSLIP #61 Jerner&Associates,Inc. HARBOUR RIDGE MARINA DOCK #1 - Manncfon oAvcoPortSCtLuric,FL94952 Date: 2537SEAl Ph(772)283.2950 PALM CITY JERNER@BELLSOUTH.NET SHEETS SLIP #61 PLAN T ?LANSANDALLPROPOSEDWOR,C L.' . ® W HLU 1111 KO THAT I ri: : NECE,P2�11Wf IN ORDER TO i .... .(VW ALL_ APPLICABILF CODES. tat? -a(Lq ST. LUCIE BUILDING REVIE FOR COM REVIEWED a7Y DATE 121z11Fe2 PLANS AND PERMIT MUST BE KEPT ON JOB OR NO INSPECTION WILL BE MADE ONCEALEDFASTENERS ORA IACHMENTS ARE THE RESPONSISILIN OF THE CONTRACTOR OF RECORD 4 PILING BOAT LIFT SPECIFICATION SHEET AlENGINEERING SCALE AS NOTED SHEET I BUNKS ALUMINUM - STANDARD CARPETED WOOD- OPTIONAL NOTE: LOAD SHOULD BE EVENLY DISTRIBUTED BY LY N HE CENTER OF HE UFBNGTHE CENTERP BEAMS AS SHOGRAMTY WN IN THE ILLUSTRZATION ABOVE. PowPmtip DM1s loa4LElee To OutBiEA) 6TathAArtlj6gR1/TTo 20.0061E. T4R61n 15ft ;'.2{.d10.16 `.:,`14R6In 1fiG PILING MOUNT 20K, 24K IAII 2X IrtMl BOLT T MIA.181Cf+ H TB112%IITSSHE%NUT (�)-1 tv ?D,IW�' " AOSAHNEL 14'6' 6'%tIN%IS 10'AWM 51t6'S5 %11913Dy 1RIRE RILL RADWNB. POIAHNEL M6-`I TX]S.Xt@ ]0`ALUM 5)1t753'!(1913LR") TRIWi Rl11•�, BUILDING CODE: NAME ogre FBC 2017 (671 EDITION) DRAWN ' ACC 1 2-2-18 NEC 2014 (NFPA70) CHECKED FROPRIETARY AND CONMODMAL THE NFORMATION CONTAINED NWLS DRAWING IS MESOLE PROPEWY OF TIDE TAMERNDUSIRIES. ANY REPRODUCRON94 PART OR AS A WHOLE W1IHOUT THE WRMEN PTRMYSSON OF I TIDE TAMER NDUSMES IS PROHWM' PH:800-325-1116 ENGAPPR. FAX:252-747-4377 COMMENTS TIDETAMER.COM P.O. BOX 1116 SNOW HILL, NC 28580 DO NOT SCALE DRAWNG UIREQ 6W E 1314H.v.lITY.�I 1312f5O1 AO I SD'IOTY.41 MARI 12 2018 vF J