HomeMy WebLinkAboutFDEP - ENVIORNMENTAL PROTECTION PAPERWORK�,RROIECfION
C YA
FLOR
Jeb Bush
Governor
MAY 2 6 2004
Department of
Environmental Protection
Richard and Lorraine Lewis
P.O. Box 5909
Townsville Qld 4810 Australia
File No.: 56-0221911-001
St. Lucie County
Dear Mr. and'Mrs.1 ewls:
Port St. Lucie Branch Office
1801 SE Hillmoor Drive
Suite C-204
Port St. Lucie, FL 34952
(772)398-2806 Fax # (772)398-2815
Colleen M. Castille
Secretary
SCABNN ED
S4. �u�i�f:�nFlgR/
On October 16, 2003, we received your notice of intent to use a Noticed General Permit
62-341.427, Florida Administrative Code (F.A.C.) to perform the following activities: Cc
have handrails. Your project is located in the North Fork St. Lucie Aquatic Preserve (O.F.W.), Class III Waters of
the Sta tt ae ae PIN 3427-701-0025-000/3, Hidden River Drive (Section 27, Township 36 South, Range 40 East), Port
St. Lucie, St. Lucie County.
Your intent to use a NGP 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. i
Regulatory Review —Granted' I
The Department has the authority to review your project under Part IV of Chapter 373, Florida Statutes (F.S.),
Title 62, IR .C., and in accordance to operating agreements executed between the Depart*nt and the water
management districts, as referenced in Chapter 62-113, F.A.C. Based on the information you submitted, we have
determined that the project meets the requirements for and is hereby granted the noticed general permit listed
above (Rule 62-341.427, F.A.C.).
Activities performed under the NGP are subject to the general conditions required in Rule 62-341.215, F.A.C.
(attached), and to the specific conditions of the permit for which notice was given (62-341.427, F.A.C.) (attached).
Deviations from the general and specific conditions may subject the permittee to enforcement action and penalties.
Project drawings and vicinity map are attached.
Please be advised that the construction phase of
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"A4ore ProtecJa:, Less s"F= L Fic �
Printed an recycled paper
Richard and Lorraine Lewis
File No.: 56-0221911-001
Page 2
Proprietary Review (related to state-owned lands) — Giauteil n
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 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 may occur on sovereign submerged land and may 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 it is located within the described boundaries and is consistent with the attached general
consent conditions, the project qualifies for consent to use sovereign submerged lands. Therefore, pursuant to
Chapter 253.77, Florida Statutes, you may consider this letter as authorization from the Board of Trustees for the
upland riparian owner to perform the project.
Federal Review (State Programmatic General Permit) — No Granted
Federal authorization for the proposed project is reviewed by DEP pursuant to an agree I nt between the
Department and the U.S. Army Corps of Engineers (the Corps). The agreement is outlineId 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 Pe7h (SPGP). As shown on
the attached drawings, the proposed project is not consistent with the SPGP program A copy of your application
has been sent to the U.S. Army Corps of Engineers (the Corps) who may require a separaie permit. Failure to
obtain their authorization prior to construction could subject you to enforcement action. For further information,
contact the Corps directly.
If you change the project from what you submitted, the authorizations granted may no logger 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.
Notice of Rights of Substantially Affected Persons
This letter acknowledges that the proposed activity may be conducted under noticed general permit rule 62-
341.427. This determination 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 determination
automatically becomes only proposed agency action subject to the result.of the administrittive review process.
Therefore, on the filing of a timely and sufficient petition, this action will not be final an 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 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.
F LE C0`0�
_Richard and Lorraine Lewis
File No.: 56-0221911-001
Page 3
Under rule 62-110.106(4) of the Florida Administrative Code, a person whose substantial
the Department's action may also request an extension of time to file a petition for an adn
Department may, for good cause shown, grant the request for an extension of time. Requ,
must be filed with the Office of General Counsel of the Department at 3900 Commonwea
Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline. A timely re(
time shall toll the running of the time period for filing apetition until the request is acted
late, the Department may still grant it upon a motion by the requesting party showing that
request for an extension of time before the deadline was the result of excusable neglect.
erests are affected by
istrative hearing. The
o for extension of time
Boulevard, Mail
stfor extension of
m. If a request is filed
e failure to file a
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 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) of the Florida Statutes, 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) of the Florida Statutes, 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 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 right.
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 identificp—on number, if known;
(b) The name, address, and telephone number of the petitioner; the name, address, add 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 a�,e 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 tha� the petitioner wishes the
agency to take with respect to the agency's proposed action.
MFIRMINK
Richard and Lorraine Lewis
File No.: 56-0221911-001
Page 4
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 substantially comply with the above -requirements -or is untimely
filed.
i
This determination 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 at 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, 32399-5000; 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 final order is filed with the Clerk of the
Department.
If you revise your project after submitting the initial joint application, please contact us as soon as possible. Also,
if you have any questions, please contact Danna Small of this office, at telephone numbei (772) 398-2806. When
referring to this project, please use the FDEP file name and number listed above.
Sincerely,
/f / /maul r, QJ/?'hG_.YS .5 2.S//it/
Mary C. Murphy Date
Florida Department of Environmental Protection
Southeast District Branch Office
MCMMS
Enclosures: General Consent Conditions
NGP General Conditions, 62-341.215, F.A.C.
NGP Specific Conditions, 62-341.427, F.A.C.
Attachment A- Newspaper Publication Notice
Project Drawings
cc: U.S. Army Corps of Engineers, Palm Beach Gardens [without enclosures]
Jemer and Associates, Inc., (Agent) [with enclosures]
F., � 1 �' F!�' C —
� U -, - 7 n' -. 0 3 �' - 0 P-1) Y-
DEPARTMENT OF ENVIRONMENTAL PROTECTION
IGED LANDS & ENVIRONMENTAL RESOURCES PROGRAM
GENERAL CONSENT CONDITIONS
File Number. 56-0221911-001
Applicant: Richard and Lorraine Lewis
(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, norjdo they constitute
recognition or acknowledgment of any other person's title to such land or water.
(3) 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.
(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 3he-structure or activity shall riot 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 courts decision.
(7) Structures or activities shall not create a navigational hazard.
(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 ohe 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)(0,{F.A.C., or any other
applicable law.
AgLE L�op��
Rule 62-341.215, Florida Administrative Code- General Conditions for All Noticed General Permits
1. The terms, conditions, requirements, limitations, and restrictions set forth in this section are general permit conditions and
are binding upon the permittee for all noticed general permits in this chapter. These conditions are enforceable under Part
IV of Chapter 373, F.S.
2. The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the
conditions for undertaking that activity shall constitute a violation of the permit. A violation of the permit is a violation of
Part IV of Chapter 373, RS., and may result in suspension or revocation of the permittee s right to conduct such activity
under the general permit. The Department also may begin legal proceedings seeking penalties or other remedies as
provided by law for any violation of these conditions.
3. This general permit does not eliminate the necessity to obtain any required federal, state, local and special district
authorizations prior to the start of any construction, alteration, operation, maintenance, removal or abandonment authorized
by this permit_
4. This general permit does not convey to the perminee 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 general permit as provided by Chapter 62-
330, F.A.C.
5. The general permit does not relieve the permittee from liability and penalties when the permitted activity causes harm or
injury to: human health or welfare; animal, plant or aquatic life; or property. It does not allow the permittee to cause
pollution in contravention of Florida Statutes and Department rules.
6. 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.
7. The authorization to conduct activities pursuant to a general permit may be modified, suspended or revoked in accordance
with Chapter 120, F.S., and Section 373.429, F.S.
8. This permit shall not be transferred to a third party except pursuant to Section 62-343.130, F.A.C. The permittee
transferring the general permit shall remain liable for any corrective actions that may be required as a resultof any permit
violations prior to sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at
which the permitted system is located.
9. Upon reasonable notice to the permittee, Department staff with proper identification shall have permission to enter, inspect,
sample and test the permitted system to insure conformity with the plans and specifications approved by the permit.
10. The permittee shall maintain any permitted system in accordance with the plans submitted to the Department and
authorized in this general permit.
11. A permittee's right to conduct a specific noticed activity under this noticed general permit is authorized for a duration of
five years.
12. Construction, alteration, operation, maintenance, removal and abandonment approved by this general permit shall be
conducted in a manner which does not cause violations of state water quality standards, including any antidegradation
provisions of Sections 62-4.242(1)(a) and (b), 62-4.242(2) and (3), and 62-302.300, F.A.C., and any.special standards for
Outstanding Florida Waters and Outstanding National Resource Waters. The permittee shall implement best management
practices for erosion, turbidity, and other pollution control to prevent violation of state water quality standards. Temporary
erosion control measures such as sodding, mulching, and seeding shall be implemented and shall be maintained on all
erodible ground areas prior to and during construction. Permanent erosion control measures such as sodding and planting
of wetland species shall be completed within seven days of any construction activity. Turbidity barriers shall be installed
and maintained at all locations where the possibility of transferring suspended solids into wetlands and other surface waters
exists due to the permitted activity. Turbidity barriers shall remain in place and shall be maintained in a functional
condition at all locations until construction is completed and soils are stabilized and vegetation has been established.
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.
13. The permittee 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 general permit.
14. The permittee shall immediately notify the Department in writing of any previously submitted information that is later
discovered to be inaccurate.
C
Ft�
Richard and Lorraine Lewis
FDEP File No.: 56-0221911-001
62-341.427, F.A.C., General Permit for Certain Piers and Associated Structures.
(1) A general permit is hereby granted to any person to construct, extend, or remove piers and associated
structures as described below:
(a) single-family piers, along with boat lifts, boat houses, terminal platforms, and gazebos
attached to the pier, where these structures:
1. donotaccommodate the mooring of more than two watercraft;
2. do not, together with existing structures, exceed a total area of 2,000 square feet; and
3. have a minimum depth of two feet below the mean low water level for tidal waters and two
feet below the mean annual low water level for non -tidal waters for all areas designed for
boat mooring and navigational access; and
(b) public fishing piers that do not exceed a total area of 2,000 square feet provided the structure is designed
and built to discourage boat mooring by elevating the fishing pier to a minimum height of five feet above mean
high water or ordinary high water, surrounding the pier with handrails, and installing and maintaining signs that
state °No Boat Mooring Allowed°.
(2) This general permit shall be subject to the following specific conditions:
(a) construction or extension of the boat house, boat shelter, boat lift, gazebo, or terminal platforms,
shall not occur over submerged grassbeds, coral communities or wetlands. In addition, the boat
mooring location shall not be over submerged grassbeds, coral communities or wetlands.
However, the access walkway portion of the pier may traverse these resources provided it is
elevated a minimum of five feet above mean high water or ordinary high water, contains handrails
that are maintained in such a manner as to prevent use of the access walkways for boat mooring
or access, and does not exceed a width of six feet, or a width of four feet in Aquatic Preserves;
(b) there shall be no wet bars, or living quarters over wetlands or other surface waters or on the pier,
and no structure authorized by this general permit shall be enclosed by walls or doors;
(c) the structure and its use shall not significantly impede navigability in the water body;
(d) there shall be no dredging or filling associated with construction of the structures authorized
herein, other than that required for installation of the actual pilings for the pier, boat lift,, boat
shelter, gazebo, or terminal platform;
(e) there shall be no fish cleaning facilities, boat repair facilities or equipment, or fueling facilities on
the structures authorized by this general permit. In addition, no overboard discharges of trash,
human or animal waste, or fuel shall occur from any structures authorized by this general permit;
and
(f) this general permit shall not authorize the construction of more than one pier per parcel of land or individual
lot. For the purposes of this general permit, mufti -family living complexes shall be treated as one parcel of
property regardless of the legal division of ownership or control of the associated property.
Specific Authority 373.026, 373.043, 373.044, 373.118, 373.406, 403.813, 403.814, FS. Lawimplemented
373.026, 373.043, 373.046, 373.118, 373.403, 373.413, 373.416, 373.418, 373.419, 373.422, 373.423, 373.426,
403.813, 403.814, FS. History— New 10-3-95.
F�i°��. CO
Attachment A
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF GENERAL PERMIT
File No.: 56-0221911-001
Applicant: Richard and Lorraine Lewis
The Department of Environmental Protection gives notice that to construct a 532 square foot dock with an access measuring 4'
wide by 93' long from top of bank and ending in an 8' by 20' platform with two mooring areas which can accommodate boatlifts. The access
and the landward side of the terminal platform shall have handrails. The project is located at PIN 3427-701-0025-000/3, FIidden River
Drive, Port St. Lucie by Richard and Lorraine Lewis has been determined to qualify for a noticed general permit.
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 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, Florida32399-3000.
Mediation is not available.
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 must be filed within 21
days of publication of the notice or receipt of written notice, whichever occurs first. Under Wile 62-110.106(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 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, Tallshmsce,
Florida 32399-3000 prior to the applicable deadline. A timely request for extension of time shall toll the numing of the time period for filing
a petition until the request is acted upon. Upon motion 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 neglec4 the Department may also grant the requested extension of time.
The petitioner shall mail a copy of the petition to the applicant at the address indicated above at die time of filing. The failure of
any person to file a petition for an administrative hearing within the appropriate time period shall constitute awaiver of that right.
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
petitioners representative, if any, which shall be the address for service purposes during the course of the
proceeding, and an explanation of how the petitioners 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 the petitioner contends warrant
reversal or modification of the agency's proposed action; --
(f) A statement of the specific roles or statutes that the petitioner contends require reversal or modification of the
agency's proposed action; and
(9) 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 requited by rule 28-106.301.
Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing shall be dismissed by the agency
if the petition does not substantially comply with the above requirements or is untimely filed. .
Complete copies of all documents relating to this determination of exemption are available for public inspection during normal
business hours, 8:00 am. to 5:00 p.m., Monday through Friday, at the Southeast District branch office, 1801;SE Iifllmoor Dr., Suite C-204,
Port St. Lucie, Florida
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Department ®f
FLoREnvironmental Protection
Port St. Lucie Branch Office
Jeb Bus 1801 SE Hillmoor Drive Colleen M. Castillo
Suite C-204 Secretary
Port St. Lucie, FL 34952
(772)398-2806 Fax # (772)398-2815
MAY 2 6 2eG4
SL'HNNED
Richard and Loraine Lewis BY
P.O. Box 5909 S% btpia t�nllntu
Townsville Q1d 4810 Australia
File No.: 56-0221911-001
St. Lucie County
Dear Mr. and'Mrs. I.ew1s:
On October 16, 2003, we received your notice of intent to use a Noticed General Permit (NGP) pursuant to Rule
62-341.427, Florida Administrative Code (F.A.C.) to perform the following activities: construct a 532 square foot
dock with an access measuring 4' wide by 93' long from top of bank and ending in an 8' byy 20' platform with two
mooring areas which can accommodate boatlifts. The access and the landward side of th6 terminal platform shall
have handrails. Your project is located in the North Fork St. Lucie Aquatic Preserve (O.F.W.), Class III Waters of
the State, at PIN 3427-701-0025-000/3, Hidden River Drive (Section 27, Township 36 South, Range 40 Bast), Port
St. Lucie, St. Lucie County.
Your intent to use a NGP 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. j
Regulatory Review - Granted '
The Department has the authority to review your project under Part IV of Chapter 373, Florida Statutes (AS.),
Title 62, F.A.C., and in accordance to executed operating agreements ecuted between the Department and the �=-raker
management districts, as referenced in Chapter 62-113, F.A.C. Based on the information you submitted, we have
determined that the project meets the requirements for and is hereby granted the noticed 'general permit listed
above (Rule 62-341.427, F.A.C.).
Activities performed under the NGP are subject to the general conditions required in Rule 62-341.215, F.A.C.
(attached), and to the specific conditions of the permit for which notice was given (62-341.427, F.A.C.) (attached).
Deviations from the general and specific conditions may subject the permittee to enforcement action and penalties.
,_Project drawings and vicinity map are attached. i
Please be advised that the construction phase of the NGP must be completed within 5 years from the date the
notice to use the NGP was received by the Department.
"ir4v e PI Ott-:, Les; Pt ws�"
Printed on recycled paper
Z
Richard and Lorraine Lewis
File No.: 56-0221911-001
Page 2
Proprietary Review (related to state-owned lands) — 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 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 may occur on sovereign submerged land and may require authorizationfrom 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 it is located within the described boundaries and is consistent with the attached general
consent conditions, the project qualifies for consent to use sovereign submerged lands. Therefore, pursuant to
Chapter 253.77, Florida Statutes, you may consider this letter as authorization from the Board of Trustees for the
upland riparian owner to perform the project.
Federal Review (State Programmatic General Permit) — Not Granted
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 not consistent with the SPGP program. A copy of your application
has been sent to the U.S. Army Corps of Engineers (the Corps) who may require a separate permit. Failure to
obtain their authorization prior to construction could subject you to enforcement action. For further information,
contact the Corps directly.
If you change the project from what you submitted, the authorizations 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.
Notice of Rights of Substantially Affected Persons
This letter acknowledges that the proposed activity may be conducted under noticed general permit rule 62-
341.427. This determination 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 determination
automatically becomes only proposed agency: action subject to the result.of the adminis"tive 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 reveisal 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 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.
Richard and Lorraine Lewis
File No.: 56-0221911-001
Page 3
Under rule 62-110.106(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 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. 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 motion by the requesting party showing thatthe 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.
I
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 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) of the Florida Statutes, 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) of the Florida Statutes, 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 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 right.
A petition that disputes the material facts on which the Department's action is based must contain the following
information: j
(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 purr§ses 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; I
(c) A stateme^ytof 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; j
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of
the agency's proposed action; and I
(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.
1
Richard and Lorraine Lewis
File No.: 56-0221911-001
Page 4
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 abve, 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 substantially comply with the above requirements or is untimely
filed.
This determination 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 final order is filed with the Clerk of the
Department.
If you revise your project after submitting the initial joint application, please contact us as soon as possible. Also,
if you have any questions, please contact Danna Small of this office, at telephone number (772) 398-2806. When
referring to this project, please use the FDEP file name and number listed above.
Sincerely,
Mary C. Murphy Date
Florida Department of Environmental Protection
Southeast District Brunch Office
1TCalu�9
Enclosures: General Consent Conditions
NGP General Conditions, 62-341.215, F.A.C.
NGP Specific Conditions, 62-341.427, F.A.C.
Attachment A- Newspaper Publication Notice
Project Drawings
cc: U.S. Army Corps of Engineers, Palm Beach Gardens [without enclosures]
Jemer and Associates, Inc., (Agent) [with enclosures]
• I I
DEPARTMENT OF ENVIRONMENTAL PROTECTION,
SUBMERGED LANDS & ENVIRONMENTAL RESOURCES PROGRAM
GENERAL CONSENT CONDITIONS
File Number: 56-0221911-001
Applicant: Richard and Lorraine Lewis
(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 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.
(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 courts decision.
(7) Structures or activities shall not create a navigational haiard.
(8) Structures shall be maintained in a functional condition and shall be repaired or removed I 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.
Rule 62-341.215, Florida Administrative Code- General Conditions for All Noticed General Permits
1. The terms, conditions, requirements, limitations, and restrictions set forth in this section are general permit conditions and
are binding upon the permittee for all noticed general permits in this chapter. These conditions are enforceable under Part
IV of Chapter 373, F.S.
2. The general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the
conditions for undertaking that activity shall constitute a violation of the permit A violation of the permit is a violation of
Part IV of Chapter 373, F.S., and may result in suspension or revocation of the permittee's right to conduct such activity
under the general permit. The Department also may begin legal proceedings seeking penalties or other remedies as
provided by law for any violation of these conditions.
3. This general permit does not eliminate the necessity to obtain any required federal, state, local and special district
authorizations prior to the start of any construction, alteration, operation, maintenance, removal or abandonment authorized
by this permit
4. This general 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 general permit as provided by Chapter 62-
330, F.A.C.
5. The general permit does not relieve the permittee from liability and penalties when the permitted activity causes harm or
injury to: human health or welfare; animal, plant or aquatic life; or property. It does not allow the permittee to cause
pollution in contravention of Florida Statutes and Department rules.
6. 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.
7. The authorization to conduct activities pursuant to a general permit may be modified, suspended or revoked in accordance
with Chapter 120, F.S., and Section 373.429, F.S.
8. This permit shall not be transferred to a third party except pursuant to Section 62-343.130, F.A.C. The permittee
transferring the general permit shall remain liable for any corrective actions that may be required as a result of any permit
violations prior to sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at
which the permitted system is located.
9. Upon reasonable notice to the permittee, Department staff with proper identification shall have permission to enter, inspect,
sample and test the permitted system to insure conformity with the plans and specifications approved by the permit.
10. The permittee shall maintain any permitted system in accordance with the plans submitted to the Department and
authorized in this general permit
11. A permittee's right to conduct a specific noticed activity under this noticed general permit is authorized for a duration of
five years.
12. Construction, alteration, operation, maintenance, removal and abandonment approved by this general permit shall be
conducted in a manner which does not cause violations of state water quality standards, including any antidegradation
provisions of Sections 62-4.242(1)(a) and (b), 62-4.242(2) and (3), and 62-302.300, F.A.C., and any special standards for
Outstanding Florida Waters and Outstanding National Resource Waters. The permittee shall implement best management
practices for erosion, turbidity, and other pollution control to prevent violation of state water quality standards. Temporary
erosion control measures such as sodding, mulching, and seeding shall be implemented and shall be maintained on all
erodible ground areas prior to and during construction. Permanent erosion control measures such as sodding and planting
of wetland species shall be completed within seven days of any construction activity.. Turbidity barriers shall be installed
and maintained at all locations where the possibility of transferring suspended solids into wetlands and other surface waters
exists due to the permitted activity. Turbidity barriers shall remain in place and shall be maintained in a functional
condition at all locations until construction is completed and soils are stabilized and vegetation has been established.
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.
13. The pennince 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 general permit
14. The permittee shall immediately notify the Department in writing of any previously submitted information that is later
discovered to be inaccurate.
Richard and Lorraine Lewis
FDEP File No.: 56-0221911-001
62-341.427, F.A.C., General Permit for Certain Piers and Associated Structures.
(1) A general permit is hereby granted to any person to construct, extend, or remove piers and associated
structures as described below:
(a) single-family piers, along with boat lifts, boat houses, terminal platforms, and gazebos
attached to the pier, where these structures:
1. do not accommodate the mooring of more than two water craft;
2. do not, together with existing structures, exceed a total area of 2,000 square feet; and
3. have a minimum depth of two feet below the mean low water level for tidal waters and two
feet below the mean annual low water level for non -tidal waters for all areas designed for
boat mooring and navigational access; and
(b) public fishing piers that do not exceed a total area of 2,000 square feet provided the structure is designed
and built to discourage boat mooring by elevating the fishing pier to a minimum height of five feet above mean
high water or ordinary high water, surrounding the pier with handrails, and installing and maintaining signs that
state "No Boat Mooring Allowed°.
(2) This general permit shall be subject to the following specific conditions: .
(a) construction or extension of the boat house, boat shelter, boat lift, gazebo, or terminal platforms,
shall not occur over submerged grassbeds, coral communities or wetlands. In addition, the boat
mooring location shall not be over submerged grassbeds, coral communities or wetlands.
However, the access walkway portion of the pier may traverse these resources provided it is
elevated a minimum of five feet above mean high water or ordinary high water, contains handrails
that are maintained in such a manner as to prevent use of the access walkways for boat mooring
or access, and does not exceed a width of six feet, or a width of four feet in Aquatic Preserves;
(b) there shall be no wet bars, or living quarters over wetlands or other surface waters, or on the pier,
and no structure authorized by this general permit shall be enclosed by walls or doors;
(c) the structure and its use shall not significantly impede navigability in the water body;
(d) there shall be no dredging or filling associated with construction of the structures authorized
herein, other than that required for installation of the actual pilings for the pier, boat lift,; boat
shelter, gazebo, or terminal platiorn;'
(a) there shall be no fish cleaning facilities, boat repair facilities or equipment, or fueling facilities on
the structures authorized by this general permit. In addition, no overboard discharges of trash,
human or animal waste, or fuel shall occur from any structures authorized by this general permit;
and
(f) this general permit shall not authorize the construction of more than one pier per parcel of land or individual
lot. For the purposes of this general permit, mufti -family living complexes shall be treated as one parcel of
property regardless of the legal division of ownership or control of the associated property.
Specific Authority 373.026, 373.043, 373.044, 373.118, 373.406, 403.813, 403.814, FS. Law Implemented
373.026, 373.043, 373.046, 373.118, 373.403, 373.413, 373.416, 373.418, 373.419, 373.422, 373.423, 373.426,
403.813, 403.814, FS. History —New 10-3-95.
' , I
Attachment A
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF GENERAL PERMIT
File No.: 56-0221911-001
Applicant: Richard and Lorraine Lewis
The Department of Environmental Protection gives notice that to construct a 532 square foot dock with an access measuring N
wide by 93' long from top of bank and ending in an 8' by 29 platform with two mooring areas which can accommodate boatlifts. The access
and the landward side of the terminal platform shall have handrails. The project is located at PIN 3427-701-0025-00013, Hidden River
Drive, Port St. Lucie by Richard and Lorraine Lewis has been determined to qualify for a noticed general permit.
A person whose substantial interests are affected by the Deparmtent's action may petition for an administrative proceeding
(hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must 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.
Mediation is not available.
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 Hiles 28-106.11 ] (2) and 62-110.106(3)(a)(4), petitions for an administrative hearing must be filed within 21
days of publication of the notice or receipt of written notice, whichever occurs first Under rule 62-110.306(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 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 prior to 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. Upon motion 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, the Department may also grant the requested extension of time.
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 right.
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 the petitioner contends warrant
reversal or modification of the agency's proposed action;
(t) 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 Wile 28-106.301.
Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing shall be dismissed by the agency
if the petition does not substantially comply with the above requirements or is untimely filed.
Complete copies of all documents relating to this determination of exemption are available for public inspection during normal
business hours, 8:00 am. to 5:00 p.m., Monday through Friday, at the Southeast District branch office, 1801.SE llillmoor Dr., Suite C-204,
Port St. Lucie, Florida. '
N
Richard & Lorraine Lewis
Lot 1, Block Z Parcel 11
Hidden River Estates
Tax I.D. 3427-701-0025-00013
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