The URL can be used to link to this page

Home My WebLink About98100419 - 107 QUEENS RD PAPERWORK��E�?�y�R01E(110H Y FOr +Ry. s'+ Lawton Chiles Governor OCT 2 0 1998 John Delaport 13 Evergreen Drive Tuckerton, NJ 08087 Department of Environmental Protection Re: File No.: 56-0146428-001, 002 St. Lucie County Dour Mr. Delaport: Port St. Lucie Branch Office 1801 SE Hillmoor Drive Suite C-204 Port St. Lucie, FL 34952 (561)871-7662 (561)335-4310 Virginia B. Wetherell Secretary 98lo oyi9 On September 28, 1998, we received your application for an exemption to perform the following activities: construct a 100 linear foot seawall behind the existing mangroves and construct a 184 square foot dock with an access measuring 4' wide by 10' long ending in a platform measuring 6' wide by 24' long in a manmade cut off the Indian River Lagoon Aquatic Preserve (Class III waters of the state), located at 107 Queens Road, Fort Pierce (Section 23, Township 34 South, Range 40 East), St. Lucie County. Your application has been reviewed to determine whether it qualifies for any of three kinds of authorization that may be necessary for works in wetlands or waters of the United States. The kinds of authorization are (1) regulatory authorization, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal authorization. The authority for review and the outcomes of the reviews are listed below. Please read each section carefully. Your project may not have qualified for all three forms of authorization. If your project did not qualify for one or more of the authorizations, refer to the specific section dealing with that authorization for advice on how to obtain it. Regulatory Review The Department has the authority to review your project under Part IV of Chapter 373, Florida Statutes (F.S.), W Title 62, Florida Administrative Code (F.A.C.), and in accordance with operating agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C. Based on the information you submitted, we have determined that your project is exempt from the need to obtain a DEP Environmental Resource Permit under Rule 40E-4.051(4)(a) and (3)(c), Florida Administrative Code (F.A.C.). Proprietary Review (related to state-owned lands) The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (B.O.T.) and issues certain authorizations for the use of sovereign submerged lands. The Department has the authority to review your project under Chapters 253 and 258, F.S., Chapters 18-20 and 18-21, F.A.C., and Section 62-343.075, F.A.C. Your project will not occur on sovereign submerged land. Pursuant to Chapter 253.77, Florida Statutes, you will not require authorization from the Board of Trustees to use public property to perform the proposed project. "Protect, Conserve and Manage Florida's Environment and Natural Resources" Printed on rerycted paper. John Delaport File No.: 56-0146428-001, 002 Page 2 Federal Review Federal authorization for the proposed project is reviewed by DEP pursuant to an agreement between the Department and the U.S. Army Corps of Engineers (the Corps) . The agreement is outlined in a document titled Coordination Agreement Between the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection State Programmatic General Permit, Section: 10 of the Rivers and Harbor Act of 1899 and Section 404 of the Clean Water Act. Your project has been reviewed for compliance with a State Programmatic General Permit (SPGP). As shown on the attached drawings, the proposed project is consistent with the SPGP program. The attached U.S. Army Corps of Engineers (the Corps) general conditions apply to your project. No further permitting for this activity is required by the Corps. The determinations in this letter are based solely on the information provided to the Department and on the statutes and rules in effect when the application was submitted. The determinations are effective only for the specific activity proposed. These determinations shall automatically expire if site conditions materially change or if the governing statutes or rules are amended. In addition, any substantial modifications in your plans should be submitted to the Department for review, as changes may result in a permit being required. In any event, this determination shall expire after one year. NOTICE OF RIGHTS OF SUBSTANTIALLY AFFECTED PERSONS 1{r advised that your neighbors and other parties who may be substantially affected by the proposed activity allowed under this determination of exemption have a right to request an administrative hearing on the Department's decision that the proposed activity qualifies for this exemption. If an administrative hearing is timely requested by a substantially affected person, the finding that the proposed activity qualifies for this exemption must be reconsidered, and it is possible that the hearing could result in a determination that the proposed activity does not qualify for the exemption. Under Rule 28-106.111, F.A.C., a request for such an administrative hearing must be filed with the Department's Clerk in the Office of General Counsel within 21 days of either: (a) publication of notice in a newspaper of general circulation in the county where the activity is to take place; or (b) the substantially affected person's receipt of written notice which includes the information contained in Attachment (A). The Department will not publish notice of this determination. Publication of this notice by you is optional and not required for you to proceed. However, in the event that an administrative hearing is held and the Department's determination is reversed, proceeding with the proposed activity before the time period for requesting an administrative hearing has expired would mean that the activity was conducted without the required permits. If you wish to limit the time within which all substantially affected persons may request an administrative hearing you may elect to publish, at your own expense, the enclosed notice (Attachment A) one time only in the legal advertisement section of a newspaper of general circulation in the county where the activity is to take place. r • .:i John Delaport t File No.: 56-0146428-001, 002 f Page 3 j r I f %ou wish to limit the time within which any specific person(s) may request an administrative hearing, you may provide such person(s), by certified mail, a copy of this determination, including Attachment A. For the purposes of publication, a newspaper of general circulation means a newspaper meeting the requirements of Sections 50.011 and-50.031, F.S-. In -the event you do publish this notice, within seven days of publication, you must provide to the following address a certification or affidavit of publication issued by -the newspaper. If you provide direct written notice to any person as noted above, you must provide to the following address a copy of the direct written notice. Florida Department of Environmental Protection Southeast District - Port St. Lucie Branch Office Submerged Lands & Environmental Resources Program 1801 SE Hillmoor Drive Suite C-204 Port St. Lucie, FL 34952 Thank you for applying to the Submerged Lands and Environmental Resource Program. If you have questions regarding this matter, please contact Danna Civetti of this office, at telephone (561)871-7662. Sincerely, Melissa L. Meeker Environmental Administrator MLM\DC Enclosures: Attachment A- Notice of Determination of Qualification for Exemption Federal General Conditions Federal Permit Transfer Request cc: U.S. Army Corps of Engineers, Vero Beach [without enclosures] Summerlin Seven Seas, Inc. (Agent) [without enclosures] �■ p7+ MH✓ SSLAR AID IEEE SR➢OE ML W, SWIS mammim ID43S • 3, W IF mm � �53 £ 71:JKK S' m — aIm� mlms� Z� z 3 L 1 L1tE F O o _ m`p3 5-Z1 �•��'nP�yJ�'Q�N11��Q1� Z{ iL i:\I D�1 1/JV� PUIG m 0 SCJtI.E: 1/481 = 11 ELM tMryk7 1 ow-16x/ 31 TEEM -LIE I - - All bcT=:L=9 shall Ie 5/2" din. A-307 H.D. Galvanized - All plan}_ag, 'singers, r--os=embers I me� 19) 6107 4 • �1 I ,Pogo ��JEE.V.� ,f�9G �� _ • i a�j��tti�• OV T. OF s . . .. .. ...r., ., .y .- .�.. �- _ ..,: `i,:d4 .1e..::.�.2k.iY.'�.JC..i .a+. rY S,�..v5air t�9«�+'•i.:'s.. .._._��CiF�'�'SS^^Via......-.. ...�..,m�� ... �. +t,.,. �22iI fit -*Ranh `Y....Y�ac • 1.0 • 1 � "q ' '� " �=('•-' --'—= "_•ice"--•----�•--- yeu � I 111\L.Orb 1iv►a A L ti It' Tna. i �e . A x8R I I I i ,Qr^r'^nP.i� _ �" 'I' -i$"�w . u n %ULI t-r X I i i,tlr3Ek L A-' VA /1�;EN, b• 1- ram. �r� r•l yLL v LI PLAMb nu. sz--'c' 7 -! n_ Al A A (; N. •11 .s , )