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HomeMy WebLinkAboutDEPTARTMENT OF ENVIORNMENTAL PROTECTION PAPERWORKleb Bush Governor 3U'L 212004 Department of southeast District 400 N. Congress Ave. suite 200 SCANNED West Palm Beach, Florida 33401 BY St. Lucie County Certified- Return Receipt Requested loud /J�(cU •006; 6. 8V6, o / Graceco Trust Daniel Delrowe, Agent 1920 NW Cove Circle Stuart., FL 34994 Dear Mr. Delrowe: Colleen M. Castile Secretary Enclosed is Environmental Resource Permit No. 56-0229884-001 issued pursuant to Part TV of Chapter 373, Florida Statues (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 approved 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 561 /681-6635 or at Tricia.Hoffer@dep.state.fl.us. Sincerely, Tricia Hoffer Environmental Specialist III Submerged Lands & Environmental Resources Program A L" • � '* E «.ri! oUANNED BY St. Lucie County a Permit Review Checklist (a summary of the required monitoring and reporting activities for your project) Pre -Construction Requirements Activity Date Due Date Completed ❑ Contact DEP to schedule Prior to construction pre -construction meeting ❑ Submit Pre -Construction Notice 48 Hrs. Before Construction Form to DEP ❑ Temporary Erosion Control Prior to construction structures in place Construction Requirements Activity Date Due Date Completed ❑ Permit with all attachments Permit shall be available on -site kept at the work site for DEP inspector at all times ❑ Temporary Erosion Control Structures should be inspected Structures in place daily ❑ Report changes to permitted Contact DEP before drawings / plans / activities any changes Post -Construction Requirements Activity Date Due Date Completed ❑ Completion and Certification 30 Days after Construction (As -Built) Form signed &sealed by P.E. and sent to DEP ❑ Permit Transfer Form submitted to DEP Within 30 Days Sale of property (if property sold) 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. mot. k � �:: , � "'__ •r ie i'.i. .,_,� IR Jeb Bush Governor Department of Environmental Protection southeast District 400 N. congress Ave. suite 200 West Palm Beach, Florida 33401 Colleen M. Castille Secretary CONSOLIDATED ENVIRONMENTAL RESOURCE PERMIT AND SOVEREIGN SUBMERGED LANDS AUTHORIZATION Gmceco Trust Permit/Authorization No.: 56-0229884-001 Daniel Delrowe, Agent Date of Issue: JUL L 12004 1920 NW Cove Circle Expiration Date of Stuart, FL 34994 Construction Phase: JUL 2 0 2009 County: St. Lucie Project: Delrowe, Daniel - Dock and boatlift This permit is issued under the authority of Part IV of Chapter 373, Florida Statutes (F.S.), and Title 62, Florida Administrative Code (F.A.C.). The activity is not exempt ftom the requirement to obtain an Environmental Resource Permit. Pursuant to Operating Agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C., the Department is responsible for reviewing and taking final agency action on this activity. ACTIVITY DESCRIPTION: ivfH W. andrails will be co etei°u d along the entire access walkway and "No mooring" signs will be posted along the access walkway on both sides. The submerged resources in the area of the terminal platform consists of dense Syringodium filiforn:e at a maximum height of 8 inches. To ensure adequate clearance between the top of any resources and the bottom of the boat/propeller at all times, the maximum draft (with the engine in the down position) of the vessel to be moored in this slip is 21 inches. During construction of the dock and all appurtenant structures, the necessary turbidity control devices will be employed to ensure that any turbidity resulting from construction is contained to the immediate area. Turbidity curtains will remain in place until all turbidity subsides to 0 NTU's above background or less. All inshore/shallow water work will be conducted when sufficient water depths are present to avoid prop dredging, scouring, or damage to seagrass beds. The Department has reviewed the activity described above, and has determined that the activity qualifies for a consent to use sovereign, submerged lands, as long as the work performed is located within the boundaries as described herein and is consistent with the terms and conditions herein. If future requests are submitted to the Department that will increase the preempted area of the docking facility, a lease may be required. ACTIVITY LOCATION: The project is located in the Indian River, Jensen Beach to Jupiter Inlet Aquatic Preserve, Outstanding Florida Waters, Class III waters, adjacent to Miller's Subdivision Lot 43, Indian River Dr., Jensen Beach (Section 04, Township 37 South, Range 41 East), in St. Lucie County (Latitude N 27° 17' 14.61 ", Longitude W 0800 14` 51.39"). . Permittee: Daniel Delrowe File No.: 56-0229884-001 Page 2 This permit also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Management Act. This permit also constitutes certification of compliance with water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341. This activity also requires a proprietary authorization, as the activity is located on sovereign submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund, pursuant to Article X. Section 11 of the Florida Constitution, and Sections 253.002 and 253.77, F.S. The activity is not exempt from the need to obtain a proprietary authorization. The Department has the responsibility to review and take final action on this request for proprietary authorization in accordance with Section 18-21.0051, and the Operating Agreements executed between the Department and the water management districts, as referenced in Chapter 62-1 13, F.A.C. In addition to the above, this proprietary authorization has been reviewed in accordance with Chapter 253, Chapter 18-21, and Section 62-343.075, F.A.C. As staff to the Board of Trustees, the Department has reviewed the activity described above, and has determined that the activity qualifies for a consent to use sovereign, submerged lands, as long as the work performed is located within the boundaries as described herein and is consistent with the terms and conditions herein. Although the docking facility exceeds 10:1, pursuant to Chapter 18-21.005(1)(a)1, the project will qualify for a Consent of Use as it is no more than the minimum size and length necessary to provide reasonable access to navigable water. If future requests are submitted to the Department that will increase the preempted area of the docking facility, a lease maybe required. Therefore, consent is hereby granted, pursuant to Chapter 253.77, F.S., to perform the activity on the specified sovereign submerged lands. This permit constitutes a determination, pursuant to Section 380.0651(3)(e), F.S., that the facility is located so that it will not adversely impact Outstanding Florida Waters or Class II Waters, and will not contribute to boat traffic in a manner that will adversely impact the manatee. " Your project has been reviewed for compliance with a State Programmatic General Permit (SPGP). As shown on the attached drawing the propos rojjectt�s-not corrsts ent with ite'SPGP nrd a�n. A copy of your application has been sent to the s -ho-may=?ePre-wssepara a permit. Failure to obtain their authorization prior to construction could subject you to enforcement action. For further information, contact the Corps directly. You are hereby advised that authorizations also may be required by other federal, state, and local entities. This authorization does not relieve you from the requirements to obtain all other required permits and authorizations. permit a Ed:authorizatiom' ru.ate.advised to-teadjarid`undetstand these drawings and conditions pnor to commencing the authorize activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings. If you are utilizing a contractor, the contractor also should read and understand these drawings and conditions prior to commencing the authorized activities. Failure to comply with all drawings and conditions shal I constitute grounds for revocation of the permit and appropriate enforcement action. t Permittee: Daniel Delrowe File No.: 56-0229884-001 Page 3 Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and with the general and specific conditions of this permit/certification/authorization, as specifically described below. GENERAL CONDITIONS: (1) All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part 1V, Chapter 373, F.S. (2) This permit or a copy thereof, complete with at I conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by the Department staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. (3) Activities approved by this permit shall be conducted in a manner which does not cause violations of state water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), unless a project -specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. (4) The permittee shall notify the Department of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the Department an "Environmental Resource Permit Construction Commencement" notice (Form No. 62-343.900(3), F.A,C.) indicating the actual start date and the expected completion date. (5) When the duration of construction will exceed one year, the permittee shall submit construction status reports to the Department on an annual basis utilizing an "Annual Status Report Form" (Form No. 62- 343.900(4), F.A.C.). Status Report Forms shall be submitted the following Tune of each year. (6) Within 30 days after completion of construction of the permitted activity, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the supplied "Environmental Resource Permit As -Built Certification by a Registered Professional" (Form No. 62-343.900(5), F.A.C.). The statement of completion and certification shall be based on on -site observation of construction or review of as -built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the Department that the system is ready for inspection. Additionally, if deviation from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as -built" or "record" drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. (7) The operation phase of this permit shal I not become effective: until the permittee has complied with the requirements of condition (6) above, has submitted a""Request for Transfer of Environmental Resource Permit Construction Phase to Operation Phase" (Form No. 62-343.900(7), F.A.C.); the Department determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the Department in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District - August 1995, accepts responsibility for operation and maintenance of the system. The permit shalt not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of L. L i tp k ?I Y Permittee: Daniel Delrowe File No.: 56-0229884-001 Page 4 the permitted system by the Department, the permittee shall initiate transfer of the permit to the approved responsible operating entity if different from the permittee. Until the permit is transferred pursuant to Section 62- 343.110(1)(d), F.A.C., the permittee shall be liable for compliance with the terms of the permit. (8) Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. (9) For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the Department along with any other final operation and maintenance documents required by sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District - August 1995, prior to lot or unit sales or prior to the completion of the system, whichever occurs first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State where appropriate. For those systems which are proposed to be maintained by the county or municipal entities, final operation and maintenance documents must be received by the Department when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. (10) Should any other regulatory agency require changes to the permitted system, the permittee shall notify the Department in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. (11) This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E-40, F.A.C. (12) The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. (13) The permittee is advised that the rules of the South Florida Water Management District require the permittee to obtain a water use permit from the South Florida Water Management District prior to construction dewatering, unless the work qualifies for a general permit pursuant to subsection 40E-20.302(4), F.A.C., also known as the "No Notice" rule. (14) The penmittee shall hold and save the Department harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. ' (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 section 373.421(2), F.S., provides otherwise. (16) The permittee shall notify the Department in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of section 62-343.130, F.A.C. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance r other transfer of the system. (17) Upon reasonable notice to the per ittee, Department authorized staff with proper identification shall have permission to enter, inspect, sample and to t the system to insure conformity with the plans and specifications approved by the permit. Permittee: Daniel Delrowe File No.: 56-0229884-001 Page 5 (18) If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate Department office. (1,9) The permittee shall immediately notify the Department in writing of any previously submitted information that is later discovered to be inaccurate. GENERAL CONSENT CONDITIONS: (1) 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.. (2) 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. (3) Authorizations may be modified, suspended or revolted 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. (4) Structures or activities shall be constructed and used to avoid or minimize adverse impacts to sovereignty submerged lands and resources. (5) 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. (6) 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. (7) Structures or activities shall not create a navigational bazard. (8) 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. (9) 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. SPECIFIC CONDITIONS: (1) The project drawings, sheets 1 through 6; permit checklist; the 4-page Manatee Exhibit; and DEP forms 62.343.900(3), (4), (5), and (7) are attached to and become part of this permit. (2) If the approved permit drawings conflict with the specific conditions, then the specific conditions shall prevail. (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. The permittee shall contact the Department by phone or in writing to schedule the conference: Danna Small, Department of Environmental Protection, Southeast District Branch Office, Submerged Lands & Environmental Resources Program, Compliance/Enforcement Section, 1801 SE Hillmoor Drive, Suite C-204, Port Saint Lucie, FL 34952, 772-398-2806. (4) The work authorized by this permit shall not be conducted on any property, other than that owned by the permittee, without the prior written approval of that property owner. (5) All storage or stockpiling of tools or materials (i.e: lumber, pilings, etc.) shall be limited to uplands or within the impact areas authorized by this project. < r•N"e �"c r Permittee: Daniel Delrowe File No.: 56-0229884-001 Page 6 (6) All watercraft associated with the construction of the permitted structure shall have a maximum draft of 12" fully loaded and shall only operate within waters of sufficient depth so as. to preclude bottom scouring or prop dredging. (7) The permittee shall comply with the standard manatee protection construction conditions listed in the attachment, "Standard Manatee Construction Conditioas, June 2001 " (8) A floating turbidity curtain shall be installed and used around the construction area as necessary during the installation. These curtains shall remain in place until construction is complete and turbidity within the work area has returned to background levels. The permittee shall be responsible for ensuring that turbidity control devices/procedures are inspected and maintained daily during all phases of construction authorized by this permit until all areas that were disturbed during construction are sufficiently stabilized to prevent turbid discharges. (9) Handrails shall be installed along both sides of the entire access pier, as shown on attached sheet 3 of 6, as the structure is constructed. Ffandrails shall be constructed so that they eliminate access to the pier by boaters and shall be maintained for the life of the facility. No mooring is authorized along any portion of the entire access pier. "No Mooring" signs shall be posted on both sides of the access pier at intervals of no less than 100 feet, beginning at the mean high water line. (10) To protect benthic resources at this site, the decking shall be elevated 5' above mean high water (MHW). The entire surface of the access pier and terminal platform will be constructed of grated deckling. (11) There shall be no fish cleaning stations on the dock authorized by this permit. No overboard discharges of trash, human or animal waste, or fuel shall occur at the dock. (12) No more than one vessel shall be moored at the dock at any time. There shall be a minimum 12- inch clearance between the deepest draft of the vessel (with the motor in the down position) and the top of any submerged resources at mean low water (MLN). The maximum draft (with the engine in the down position) for any vessel mooring at this dock is 21". (13) The slip 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. RIGHTS OF AFFECTED PARTIES This permit and consent to use sovereign submerged lands are hereby granted. This action is final and effective on the date filed with the Clerk of the Department unless a sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120.57 of the Florida Statutes as provided below. If a sufficient petition for an administrative hearing is timely filed, this action automatically becomes only proposed agency action on the application, subject to the result of the administrative review process. Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because an administrative hearing may result in the reversal or substantial modification of this action, the applicant is advised not to commence construction or other activities until the deadlines noted below for filing a petition for an administrative hearing or request for an extension of time have expired. Mediation is not available 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 of the Florida Statutes. The petition must FILE COPY Permittee: Daniel Delrowe File No.: 56-0229884-001 Page 7 contain the information set forth below and 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. Under rule 62-110.I06(4) of the Florida Administrative Code, 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 hewing. 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. 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. If a request is filed late, the Department may still grant it upon a [notion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect. If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205 of the Florida Administrative Code. In accordance with rules 28-106.111(2) and 62-110.106(3)(a)(4), 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) of the Florida Statutes 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) of the Florida Statutes, 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 petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing 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 of the Florida Statutes. A petition that disputes the material facts on which the Department's action is based 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; (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; 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. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule 28-106.301. Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing must be dismissed by the agency if the petition does not substantial ly comply with the above requirements or is untimely filed. FILE Pennittec; Daniel Delrowe File No.: 56-0229884-001 Page 8 This permit constitutes an order of the Department. Subject to the provisions of paragraph 120.68(7)(a) of the Florida Statutes, which may require a remand for an administrative hearing, the applicant has the right to seek judicial review of the order under section 120.68 of the Florida Statutes, by the filing of a notice of appeal under rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 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 when the order is filed with the Clerk of the Department. Executed in West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Timothy Rach Date Program Administrator Submerged Lands & Environmental Resources Program L TR/j�/km/th Copies furnished to: FDEP, Pon St. Lucie -- Danna Small USACOE — Palm Beach Gardens Aquatic Preserve Manager. Jeffrey Beal - Jeffrey.Beal@dep.state.fl.us Permit Agent - Jemer & Associates, Inc., Dave Serhal - serhal@bellsouth.net CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit and authorization to use sovereisubmerged lands, including all copies, were mailed before the close of business on g1ijul ) I 2�0>s , to the above listed persons. FILING AND ACKNOWLEDGMENT FILED, on this date, under I20.52(7) of the Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk Date Prepared by Tricia Hoffer . -!Lpages attached. k: copi FILO"