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Home My WebLink AboutENVIORNMENTAL PROTECTIONFLORIDA DEPARTMENT OF Environmental Protection Southeast District Office 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL33406 561-681-6600 February 8, 2019 Ron DeSantls Governor Jeanette Nunez SCANNSCANNED Lt. Govemar ED �it1 Noahvalensteln St. Lucie County Secretary Kenneth Forrest 144 Villa Drive Poquoson, VA 23662 Sent via e-mail to the designated agent: kimgardeaenvironmental.com Re: File No.: 56-0173429-005,006,007-EE File Name: Forrest Dear Mr. Forrest: On January 15, 2019, we received your request for verification of exemption to perform the following activities: (1) to maintenance dredge an approximate 576 sq. ft. area to a maximum depth of 5 ft. below mean low water, removing 35 yd3 of material; (2) instalN bdatlift; and (3) remove an existing 197 sq. ft. existing dock and replace with a 262 sq. ft. dock. 'The project is located in the Queens Cove East of Garfield Cut, Class III Waters, adjacent to 140 Commonwealth Court, Hutchinson Island (Section 14, Township 34 South, Range 40 East), in St. Lucie County (Latitude N 27' 3 P 3.40", Longitude W 80' 18' 57.75"). 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 did not qualify for the federal review portion of this verification request. Additional authorization must be obtained prior to commencement of the proposed activity. This letter does not relieve you from the responsibility of obtaining other federal, state, or local authorizations that may be required for the activity. Please refer to the specific section(s) dealing with that portion of the review below for advice on how to proceed. 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 your project if you wish to make any changes. If you have any questions regarding this matter, please contact Heather Walborn at the letterhead address or at 561-681-6614 and Heather.Walbom@FloridaDEP.gov. FloridaDEP.gov. www.flondadepgov Project No.: 56-0173429-005,006,007-EE Project Name: Forrest Page 2 of 5 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)(b), (7)(a), Florida Administrative Code, from the need to obtainer 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 may not be valid if site conditions materially change, the project design is modified, or the statutes or rules governing the exempt activity are amended. In the event you need to re -verify the exempt status for the activity, a new request and verification fee will 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. 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 NOT APPROVED Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization shall be required from the Corps. You must apply separately to the Corps using their APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT, ENG FORM 4345, or alternative as allowed by their regulations. More information on Corps permitting may be found online in the Jacksonville District Regulatory Division Source Book at: 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. Project No.: 56-0173429-005,006,007-EE Project Name: Forrest Page 3 of 5 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; (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 Project No.: 56-0173429-005,006,007-EE Project Name: Forrest Page 4 of 5 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@det).state.fl.us before the 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 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. 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&den.state.fl.us. Executed in West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION i Jeff Meyer Environmental Consultant Southeast District Project No.: 56-0173429-005,006,007-EE Project Name: Forrest Page 5 of 5 Enclosures: Attachment A - Specific Exemption Rule Project Drawings, 21 pages 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 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. Clerk February 8, 2019 Date Attachment A Chapter 62-330.051 Exempt Activities. The activities meeting the limitations and restrictions below are exempt from permitting. However, if in located ,_ on, or over state-owned submerged lands, -they are subject to a separate authorization under _ Chapters 253 and 258, F.S., and Chapters 18-18, 18-20, and 18-21, F.A.C., 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. (7) Maintenance and Restoration — (a) Maintenance dredging under section 403.813(1)(0, F.S. R4.at i 4' Permit \umber 9 5 113929-005,006,001-EE M r Southeast District 4ugust 13. 2g16 ,�� 130 S. Indian River Drive Suite 202 Fort Pierce, FL 34950 Environmental Consultants Location Map Project Site e - axq'ehPn l,gy 96ons C66 ' �•+ 71 U . 4 ' t 1:16,056 0 0.22b 0,45 6:emi jt. a t' T-1 0 035 0.1 1.4 bm Ken Forrest Sheet 1 of 7 140 Commonwealth Court January 7, 2019 Hutchinson Island, FL 34949 OF EIV f01Permit Number73420-005,006,007-EE .�A R D EA 130 S. Indian River Drive � Suite 202 Fort Pierce, FL 34950 Mg� �� Environmental Consulla`nt? (772) 577-4141 Ken Forrest 140 Commonwealth Court Hutchinson Island, FL 34949 Sheet 2 of 7 January 7, 2019 _ • — .Property Line 4 ' 4' pia' u+lsi ,� 23 Majestic Way Existing wood dock 1975F -2.5' MLW (approx.) -3.0' MLW (approx.) i -4.0' MLW /i(approx. ) -S.O'MLW(approx.) / I I I Residential Canal I 1 I 1 I 1 I I 1 I 1 1 1 I 1 1 1 1 1 I 2' x 2.5' 1 I 1 1 platform to, j be removed I 1 I 1 1 1 1 1 I 1 1 I 1 1 1 �A R D EA 130 S. Indian River Drive Suite 202 Fort Pierce, FL 34950 Environmental Consultants (772) 577-4141 • — • • — Approximate Riparian Line [Ni Existing Conditions pF EN `,gy p$ 4 � e .y a a °� Permit Number 4 r 56-0173429-005,006,007-EE ti 1 b d p P Southeast Uistric[ Y 6 � 0 1 Ja, pl All dimensions: approximate, not to scale, for permit approval only Ken Forrest 140 Commonwealth Court Hutchinson Island, FL 34949 Sheet 3 of 7 January 7, 2019 rq� mit Number 56-0173429-005,006,007-EE V o p Southeast District 1) a b p a tl -t a0 yC� O �yl W7.L V.L 9' Sections A 140 Commonwealth Court Section B 23 Majestic Way Existing 192 square foot dock to be removed and Turbidity Control Limits replaced, along with (approx.) rroposed 705Ftriangle as 1 one structure. / . 2 5'V LW lap`pr'bx.) .. f.....4 -3.0' MLVV (approx.) -4.0'MLW /(approx.) {-5.0' MLW (approx.) I 1• J-.-.-.a Approximate maintenance dredge area in red 18' x 32' to -5' MLW < 35 cubic yards s'1 - - ; r i , Residential Canal a , r ProPosl'd i , 13K Boathtt i1 . t f'r 13.5'x�.3.5' i oFIV Et�istmk- �a g o�R, I it Proposed -70 SF fs - ........ ' : dock addition a NoTrop�se 5' x 28' x 28.5' clanger r.: ) triangle (approx. z i t i t Dock Replacement E and Dock Addition 5' r 5 ........ = 262 SF total Approximate Riparian Line Proposed Work: *Dock Removal *Boatlift Removal *Maintenance Dredge *Dock Replacement and Addition *Boatlift Replacement NOTE: Spoil material to be removed either to spoil containment area permitted under Queens Cove maintenance dredge 56-039241-007- EE or transported to appropriate upland facility by the contractor once selected. No dewatering or return to surface waters is proposed. All dimensions: approximate, not to scale, for permit approval only ,-�6RD E�► 130 S. Indian River Drive Ken ForrestSuite 202Sheet 4 of 7 Fort Pierce, FL34950 140 Commonwealth Courtonmental Consultants January 7, 2019 (772)577-4141 Hutchinson Island, FL Existing Dock Existing ' a Frropo Proposed (Ho posed • 5' Deck Changes)' Turbidity Barrier s U 3r r� !i c' X Lu .1pproxirp at e e i�aries) °horn ��130 S. Indian River Drive Suite 202 oultantsFort Pierce, FL 34950 Ar � Y (772)577-4141 OF 6N ✓�40'4 c ly, a � PermitNumber � ° r 56-0173429-005,006,007-EE ro Section A NOTE: Spoil material to be removed either to spoil containment area permitted under Queens Cove maintenance dredge 56-039241-007- EE or transported to appropriate upland facility by the contractor once selected. No dewatering or return to surface waters is proposed. i a p Soutl�cost llistrict y° � ro °? by Turbidity Barrier �cvis- Residential Canal MLW (approx.) Slope'•• Maintenance 1 "'2:1 Dredge Limits max. <35 CY _..••............................................................... -5' MLW (approx.) '"MHWL -MLW MLW (approx.) All dimensions: approximate, not to scale, for permit approval only) Ken Forrest 140 Commonwealth Court Sheet 5 of 7 Hutchinson Island, FL 34949 January 7, 2019 ° p 8 r y/-88-1/0"'wood piles %Nt `4OM tom" Section B m Per it,;YuorbRr *. , 66-0173429-0D5'�066 if07 EE. y� 7 NOTE: Spoil material to be removed p SOU theasCDrstnrt"' "O' Existing Dock either to spoil containment area alsting o� an permitted under Queens Cove eo §, _ '"��' 5'Deck 5'Deck maintenance dredge 56-039241-007- a v.JNirp " ose'd- `g ehOnges) EE or transported to appropriate upland facility by the contractor once selected. No dewatering or return to p < , surface waters is proposed. Turbidity Barrier a; ^�+ f Turbidity Barrier :. ) " n -MHWL c_ ^MLW Approximate x °Residential Canal w 1rtto,n -2.5' MLW (approx.) •••Approximate a Slope'., Maintenance 1 i, ° -2:1 Dredge Limits ' max. <35CV ...................................... -5' MLW (approx.) All domenswongs approximate- not to s lip---- r permit approval o AR ��130 S. Indian River Drive Ken Forrest suite zo2 Sheet 6 of 7 Fort Pierce, FL34950 140 Commonwealth Court0 onmental Consultants January 7, 2019 (77z)577-4141 Hutchinson Island, FL &r&N MP� BOAT Leer TOP CARRIER BEAMS AMP MOUNTING BRACKCTS COMPLY WITH WIMP LOAD REOMIREMCNTS OF rNC GTR £OTIMR (,F017).PtOMPA OW101NO CODE, FrR ASCE 7-10. ANP PEA DZI.VW LOAD REOMIREM£NTS OF rHC 2070 COITION ALUMINOM ASSOCIATION'S At UMINMM OCSI.CN MAUL'AC„ BSAVS AND MOUNTING DRACRCTS odsu'LtO PM A�Mt M'S7'UCrW4 W4 L CACE£O "DILATE OSSICH JWNO SPEtD Or 16O MPR (E'NPOSUR£ CAr£OORY C OR D) BOATS AR£ TO BE REMOVED TRLW COAT LY7S MOR TO A MAJOR SUND £1I£.47 rrr. .AI !IE12r 1 NP ELECTPoC MOTOR 128 AVPS O f13V EACH 0A AMPS 2."V £AG7 CCGh'RTYF 2 TOTAL WATTS 2944 Nf1m M WAMWFR WE CERD VT %19LR£O � Q�S O F E N `tA' O* DRA g54G fSAS EErlt PiaPA2rO SPeG'XALLY FOR USE AAL' Y BY�. Q' A C A ,+.Np. 4' Permit Number •" 116 Y 8 •�� 56-0173429-005,006,007-EE qJ O ss x t R YO.A3M 7 5 d a Southeast District yO = w ; o OVED OCT D4 v O�y d4 C BrA18Clt 4 A OWL ADWIP BAGTR TE NO. 42553 POI PRa`ES 1W4 CffW4TWI Q CA. NO. 2696E 1014 MW ftia kE' Oi 57VART, 4 J{VQ4 FILING MOUNTING TABS MrNfMMM (4 3{5' 0A- 5S LAG BOLTS FOR WOOD PILING OR SS CONCRCrC ANCHORS FOP CONCRETE PILINGS'P£R PµING PEqufR£O.MINIMgM (Ij 3FB` DIA. SS CARBIAG£ GLT T FlTJT ArOG MOUNTER TL) TO MOUNTING TI GUIREO PER ftVCTE. MOUNTING TAU ' ALUMINUM FROM -T X L 7UBAR. 8081-TB FLAT BAR. ,• N ,macs _ N, BOAT LB, (DOA FGEAR-RC) (](��f0 d BcaATLrr�A �NIZ RW UCTs BOAT LIFT 2017 F9G fuaufLJ/f ! FORTn&W= FL..iafsaT a1' 1-500-544-0735 wmhL-GCe.o ".. R. NW SCALE NTS DATE., 1j2f}e REV.1 acvam R D EA 130 S. Indian River Drive Ken Forrest Suite zoz 140 Commonwealth Court Fort Pierce, FL 34950 Environmental Consultants [r (772)577-4141 Hutchinson Island, FL34949 Sheet 7 of 7 January 7, 2019