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HomeMy WebLinkAboutENVIORNMENTAL PROTECTION PAPERWORKFLORIDA. DEPARTMENT: OF Environmental Protection - Southeast District 3301 Gun Club Road, MSC72DI West Palm Beach, R 33406 56188H600 January 7; 2019 Peter Mersberger 2410 Harbour Cove Drive Fort Pierce, FL 34949 Sent via e-mail: onleasel7a,bellsouth.net Rick Scott Governor Carlos Lopez1antera Lt Governor Nuah Valenstein Secretary MIN.SETBACK CNR Re: File No.: 56-306709-013-EE' File Name: Harbour Cove Slip 14 Lift: SCANNED Dear Mr. Mersberger: BY St. Lucie County On December 14, 2018, we received your request for verification of exemption to perform the following activities: Install one l OK Elevator boat lift at an.existing multi slip dock, slip 14, in a residential canal, adjacent to the lntercoastal Waterway and 2410 Harbour Cove Dr. ForLPierce,' FL: 34949 (Section 26, Township 34 South; Range 40 East), in Saint Lucie County (Latitude N 27' 29' 11.59", Longitude W. 800 18' 19.99"). 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. If you change the project. from .what.you submitted; the authorization(s) granted may no longer be valid at the time of commencement of the project.. Please contact us prior to beginning yourproject if you wish to make any. changes. If you have any questions regarding this matter, please contact David Whiteatthe letterhead address or at 561.681.6649 or David.N.White(a)FloridaDEP;EOV. 1. Regulatory Review — VERIFIED Based on the information submitted, the Department has verified that the installation of one 1 OK Elevator boat lift at an existing multi slip dock, slip 14 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:. Project No.: 56-306709-013-EE Project Name: Harbour Cove Slip 14 Lift Pagee 2 of 6 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. General Conditions for Authorizations for Activities All authorizations ,granted by .rule or in- writing under Rule 18-21.005, F.A.C., except those for geophysical testing, shall, be subject to the general conditions as set forth in paragraphs (a) through (i) below. The general conditions shall be part of all authorizations under this chapter, shall be.binding upon the grantee, and shall be enforceable under Chapter 253 or 258, Part II, F.S. (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. (6) 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. (t) 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 Rule18-21.005, F.A.C., within one- year, of a structure damaged in a discrete event such as a storm, flood, accident, or fire. (i) Structures or activities shall be constructed, operated, and maintained solely for water dependent purposes, or for non -water dependent activities authorized under Paragraph.l8-21.004(l)(0, F.A.C., or any other applicable law. Project No.: 56-306709-013-EE Project Name: Harbour Cove. Slip.14 Lift Page 3 of 6 3. Federal Review - Approved' Your proposed activity as outlined inyourapplication and attached drawings qualifies for Federal authorization pursuant to the State Programmatic General Permit V-Rl, and a SEPARATE permit or authorization will not be required from the Corps. Please note that the Federal authorization expires on July 26, 2021. However, your authorization may remain in effect for up to 1 additional year, if provisions of Special Condition 19 of the SPGP V-Rl permit instrument are met. You, as permittee, are required to adhere to all General Conditions and Special Conditions that may apply to your project. Special conditions required for your project are attached. A copy of the SPGP V-R1 with all terms and conditions and the General Conditions may be found at httns://www.sai.usace. anny.mil/Missions/Repulatorv/Source-Book. 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 ensure 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 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 Rules 28-- 106.201 and 28-106.301, 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, 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; Project No.: 56-306709-013-EE Project Name: Harbour _ Cove .Slip _14Lift- Page 4 of 6 (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; (1) 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, or via electronic correspondence at Agency_Clerk@dep.state.fl.us. 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 and persons entitled to written notice under Section 120.60(3), F.S., 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. You cannot justifiably rely on the finality of this decision unless notice of this decision and the right of substantially affected persons to challenge this decision has been duly published or otherwise provided to all persons. substantially affected by the decision. While you are not required to publish notice of this action, you may elect to do so pursuant Rule 62-110.106(10)(a). 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 (ina proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you do not publish notice of this action, this waiver will not. apply to persons who have not received written notice:of this action. 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, or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a Project No.: 56-306709-013-EE - Project Name: Harbour C_ o_ve Slip 14 Lift -Page 5 of 6 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 Florida Rules of Appellate Procedure'9.110 and'9.190 with the Clerk of the Department in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, 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 must be filed within 30 days from the date this action is filed with the Clerk of the Department. EXECUTION AND CLERKING Executed in Orlando, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Christopher Weller Environmental Manager. Enclosures: Chapter 62-330.051,(5 (b) Special Conditions. for. Federal Authorization for SPGP V-Rl General Conditions for Federal Authorization for SPGP V-Rl Project drawings 2 pages Project No.: 56-306709-013-EE Project Name: Harbour Cove Slip 14 Lift Page 6 of 6 CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this document and all attachments were sent on the filing date below to the following listed persons: FDEP—Chris Weller, Chris.Wellerna,FloridaDEP.govI Manager FDEP - David White, David.N.WhitepFloridaDEP.gov, Processor Bertha Miller, USACOE- Real Estate Division, Bertha.A.Millerpusace.army.mil Shelby Wedelich, FDEP/MICCI, Shelby.Wedelichodepmate.fl.us 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. January 7, 2019 Clerk . Date 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 submergedlands, they are subject to a separate authorization under chapters 253 and 258, F.S., as applicable. (5) Dock, Pier, Boat Ramp and Other Boating -related Work — (b) Installation of private docks, piers, and recreational docking facilities, and installation -of local governmental piers and recreational docking facilities,.in accordance with section 403.813(1)(b), F.S. This includes associated structures such as boat shelters, boat lifts, and roofs;_ provided: 1. 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. Special Conditions for Federal Authorization for SPGP V-Rl Note: JAXBO (Jacksonville District's Programmatic Biological Opinion), referenced throughout, may be found online in the Jacksonville District Regulatory Division Sourcebook, or at http://cdm I6024.contentdm.ocic.or2/utils/getfile/collection/p 16021 co113/id/577. The SPGP. V-RI instrument and all attachments may be found online through the Sourcebook, or at https://www:sai.usace.army.mil/SPGP/ In addition to the conditions specified above, the following Special Conditions apply to all projects reviewed and/or authorized under the SPGP V-R1. Special Conditions for All Projects 1. Authorization, design and construction must adhere to the terms of the SPGP V-RI instrument including the Procedure -and Work Authorized sections. 2. Design and construction must adhere to the PDCs for In -Water Activities (Attachment 6, from PDCs AP.7 through AP 11, inclusive, of JAXBO) (Reference: JAXBO PDC AP. 1.). 3. All activities performed during daylight hours (Reference: JAXBO PDC AP.6.). 4. For all projects involving the installation of piles or sheet piles, the maximum number of piles, sheet piles or concrete slab walls or boatlift I -beams installed by impact hammer per day is limited to no more than 5 per day. Any installation of metal pipe or metal sheet pile -by impact hammer is not authorized (Reference: Categories D and E of JAXBO PDCs for In -Water Noise from Pile and Sheet Pile Installation, page 86.). 5. Projects within the boundary of the NOAA Florida Keys. National Marine Sanctuary require prior approval from the Sanctuary (Reference: JAXBO PDCs AP.14 and A1.6). 6. Notifications to the Corps. For all authorizations under this SPGP V-RI, including. Self - Certifications, the Permittee shall provide the following notifications to the Corps: a. Commencement Notification. Within 10 days before -the date of initiating the work authorized by this permit or for each phase of the authorized project, the Permittee shall provide a written notification of the date of commencement of authorized work to the Corps. b. Corps Self -Certification Statement of Compliance form. Within 60 days of completion of the work authorized by this permit, the Permittee shall complete the "Self -Certification Statement of Compliance" form (Attachment 32) and submit it to the Corps. In the event that the completed work deviates in any manner from the authorized work, the Permittee shall describe the deviations between the work -authorized by this permit and the work as constructed on the "Self -'Certification Statement of Compliance" form. The description of any deviations on the "Self -Certification Statement of Compliance" form does not constitute approval of any deviations by the Corps. c. Permit Transfer. 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 (Attachment 2): d. 'Reporting Address. The Permittee shall submit all reports, notifications, documentation, and correspondence required by the general and special conditions of this permit to the following address. (1) For standard mail: U.S: Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, FL, 32232-0019. (2) For electronic mail: SAJ-RD-Enforcement(@usace.armv.mil (not to exceed 10 MB). The Permittee shall reference this permit number, SAJ- 20,15-02575 on all submittals. 7. The District Engineer reserves the right to require that any request for authorization under this SPGP V-RI be evaluated as an Individual Permit. Conformance with the terms and conditions of the SPGP V-RI does not automatically guarantee Federal authorization. . 8. On a case -by -case basis, the. Corps may impose additional Special Conditions which are deemed necessary to minimize adverse environmental impacts. 9. Failure to comply with all conditions of the SPGP V-Rl constitutes a violation of the Federal authorization. 10. No structure or work shall adversely affect or disturb properties listed in the National Register of Historic Places or those eligible for inclusion in the National Register. Prior to the start of work, the Applicant/Permittee or other party on the Applicant's/Permittee's behalf, shall conduct a search of known historical properties by contracting a professional archaeologist, and contacting the Florida Master Site File,at-850-245-6440 or.SiteFile@dos.state.fl.us. The Applicant/Permittee can also research sites in the National Register- Information System (NRIS). Information can be found at ,http://www.cr:nps.gov/nt/research. a. If, during the initial ground disturbing activities and construction work, there are archaeological/cultural materials unearthed (which shall include, but not be limited to: pottery, modified shell, flora, fauna, human remains, 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), the Permittee shall immediately stop all work in the vicinity and notify the Compliance and Review staff of the State Historic Preservation Office at 850-245-6333 and the Corps Regulatory Project Manager to assess the significance of the discovery and devise appropriate actions, including salvage operations. Based on the circumstances of the discovery, equity to all parties; and considerations of the public interest, the Corpsmay modify, suspend, or revoke the permit in accordance with 33 C.F.R. § 325.7. b. In the unlikely event that human remains are identified, the remains will be treated in accordance with Section 872.05, Florida Statutes; all work in the vicinity shall immediately cease and the local law authority, and the State Archaeologist (850-245-6444) and the Corps Regulatory Project Manager shall immediately be notified. Such activity shall not resume unless specifically authorized by the State Archaeologist and the Corps. 11. The Permittee is responsible for obtaining any "take" permits required under the U.S. Fish and Wildlife Service's regulations governing compliance with these laws. The Permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if. such "take" permits are required for a particular activity. 12. For Projects authorized under this SPGP V-Rl in navigable waters of the U:S., 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 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 or alteration. 13. The SPGP V-Rl will be valid through July 26, 2021 unless suspended or revoked by issuance of a public notice by the District Engineer. The Corps, in conjunction with the Federal resource agencies, will conduct periodic reviews to ensure that continuation of the permit during the period ending July 26, 2021, is not contrary to the public interest. The SPGP V-RI will not be extended beyond July 26, 2021, but may be replaced by a new SPGP. If revocation occurs, all future applications for activities covered by the SPGP V-R1 will be evaluated by the Corps. 14. If the SPGP V-R1 expires, is revoked, or is terminated:prior to completion of the authorized work, authorization of activities which have commenced or are under contract to commence in reliance upon the SPGP V-RI will remain in effect provided the activity is completed within 12 months of the date the SPGP V-RI expired or was revoked. General Conditions -for Federal Authorization for SPGP V-Rl 1. The time limit for completing the work authorized ends on July 26, 2021. 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 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, orlocal 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 orproposed 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 publicinterest. 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 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. • it � {+ ,{ y , ! = PROJECT SITT ' O F, 7V Aren.. 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