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Home My WebLink AboutFL DEPT. EPFlorida Department of Environmental Protection Port St. Lucie Brunch Office 1801 SE Hillmoor Drive, Suite C-204 Port St. Lucie, FL 34952 (772)398-2806 Fax # (772)398-2815 APR 2 B 2007 Forest Blanton 6905 South Indian River Drive Fort Pierce, FL 34982 Re: File No.: 56-0247358-003 File Name: Blanton, Forest Dear Mrs. Blanton: Charlie Crisl Governor Jeff Kottkamp Lt. Governor Michael W. Sole Secretary SCANNED BY St. Lucie County On April 6, 2007, we received your appieation for an exemption to erform the following activity: eops an tVand_diaCa—mintmum of 8-feeilaa-dward ofthe mean hi water line; The project is located on the Indian River, Jensen Beach- Iupiter Iide�Aquatic Preserve, Outstanding Florida Waters, Class III Waters of the State, adjacent to 6905 South Indian River Drive (Section 7, Township 36 South, Range 41 East), in Fl. Pierce, Palm Beach County (27° 2l' 33.07" North Latitude, 80° 17' 227" West Longitude). Your application has been reviewed to determine whether it qualifies for any of three kinds of authorization that may be necessary for work 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. 1. W aRev e . - t)T REQUIRED The Department has the authority to review your project under Part IV of Chapter 373, Florida Statutes (F.S.), Title 62, Florida Administrative Code (F.A_C.), and in accordance with operating agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C. Based on the information you submitted, we have determined that your project is not within the jurisdiction of the Department, pursuant to Chapter 373, Florida Statutes (F.S.), because all of the constriction will take place on uplands. Therefore, no further authorization is required. Any modifications to your plans should be submitted for review, as changes may result in permits being required No temporary dredging or filling, slope grading or equipment access is allowed in jurisdictional waters during project construction. The Department's jurisdiction may extend above mean high water where listed wetland species occur as defined in Rule 62-340, Florida Administrative Code. 2. ?topir1etauy Rev ew (related to state-owned lands). OV6T REQIIIREp 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 will not occur on sovereign submerged land Therefore, pursuant to Chapter 253.77, F.S., authorization from the Board of Trustees is not required. "Mar Prolection, Less Procers" ivmw. dep. stnle.J1. as YJ ,,, �o File Name: Blanton, Forest FDEP File No.: 56-0247358-003 Page 2 3. 'Federal -Review (State Programmatic General Permit).: NOT REQUIRE_D,j 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 (Corps). The agreement is outlined in a document titled Coordination Agreement Between the U.S. Army Corps of Engineers and the Florida Department ofEnviromnental Protection State Programmatic General Permit, Section 10 ofthe Rivers and Harbor Act of 1899 and Section 404 of the Clean Rater 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 within the jurisdiction of the Corps. No finther permitting for this activity is required by the Corps. The determinations in this letter are based solely on the information provided to the Department and on the statutes and rules in effect when the application was submitted. The determinations are effective only for the specific activity proposed. These determinations shall automatically expire if site conditions materially change or if the governing statutes or rules are amended. In addition, any substantial modifications in your plans should be submitted to the Department for review, as changes may result in a permit being required. In any event, this determination shall expire after one year. This letter does not relieve you from the responsibility of obtaining other permits (federal, state, or local) that may be required for the project. NOTICE OF RIGHTS OF SUBSTANTIALLY AFFECTED PERSONS This letter acknowledges that the proposed activity is exempt from ERP permitting requirements. This determination is final and effective on the date filed with the Clerk ofthe Department anless a sufficient petition for an administrative hearing is timely Sled under sections 120.569 and 120.57 of the Florida Statutes as provided below. If a sufficient petition for anadministrative hearing is timely filed, this determination automatically becomes only proposed agency action 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. The procedures for petitioning for a hearing are set forth in the attached notice. This determination is based on the information you provided the Department and the statutes and rules in effect when the application was submitted and is effective only for the specific activity proposed. This determination shall automatically expire if site conditions materially change or the governing statutes or rules are amended. In addition, any substantial modifications in your plans should be submitted to the Department for review, as changes may result in a permit being required. In any event, this determination shall expire after one year. Be advised that your neighbors and other parties who may be substantially affected by the proposed activity allowed under this determination of exemption have a right to request an administrative hearing on the Department's decision that the proposed activity qualifies for this exemption Because the administrative hearing process is designed to redetermine final agency action on the application, the filing of a petition for an administrative hearing may result in a final determination that the proposed activity is not authorized. The Department will not publish notice of this determination. Publication of this notice by you is optional and is not required for you to proceed. However, in the event that an administrative hearing is held and the Department's determination is reversed, proceeding with the proposed activity before the time period for requesting an administrative hearing has expired would mean that the activity was conducted without the required permit. If you wish to limit the time within which all substantially affected persons may request an administrative hearing, you may elect to publish, at your own expense, the enclosed notice (Attachment A) in the legal advertisement section of a newspaper of general circulation in the county where the activity is to take place. A single publication will suffice. File Name: Blanton, Forest FDEP File No.: 56-0247358-003 Page 3 If you wish to limit the time within which any specific persons) may request an administrative hearing, you may provide such person(s), by certified mail, a copy of this determination, including Attachment A. For the purposes of publication, a newspaper of general circulation means a newspaper meeting the requirements of sections 50.011 and 50.031 of the Florida Statutes. In the event you do publish this notice, within seven days of publication, you must provide to the following address proof of publication issued by the newspaper as provided in section 50.051 of the Florida Statutes. If you provide direct written notice to any person as noted above, you must provide to the following address a copy of the direct written notice. Florida Department of Environmental Protection Southeast District Submerged Lands & Environmental Resources Program 1801 SE Hillmoor Drive Suite C-204 Port St. Lucie, FL 34952 If you have any questions, please contact Eric Shea at 772598-2806 or at ericshea@dep.state.Il.us. When referring to your project, please use the FDEP file name and number listed above. Sincerel zb%� Eric M. Shea Date Environmental Supervisor Submerged Lands and Environmental Resources Program Enclosures cc: USACOE—Palm Beach Gardens, Tonina.Maugg@pjO2.usace.annv.mil(without enclosures) Dennis Respol, Hammerhead Marine Construction, hammerheadinclalaol.com (agent) (without enclosures) 1 rr;, L Eic- -, Attachment A File No.: 56-0247358-003 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF DETERMINATION OF EXEMPTION The Department of Environmental Protection gives notice that the project to construct an upland deck a minimum of 8 feet landward of the mean high water line located on the Indian River, Jensen Beach —Jupiter Inlet Aquatic Preserve, Outstanding Florida Waters, Class III Waters of the State, adjacent to 6905 South Indian River Drive (Section 7, Township 36 South, Range 41 East), in Ft. Pierce, Palm Beach County (27e 21' 33.07" North Latitude, 80017' 2.27" West Longitude) has been determined to be exempt from requirements to obtain an environmental resource 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 ofthe 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 riglit 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 Wile 62-110.106(3), F.A.C., petitions for an administrative hearing must be filed within 21 days of publication ofthe notice or receipt of written notice, whichever occurs first 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 oftime must be filed with the Office of General Counsel ofthe 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 ofthe petition to the applicant at the address indicated above at the time of filing. The f inure of any person to file a petition for an administrative hearing within the appropriate tmte period shall constitute a waiver of that right A petition that disputes the material fads on which the Department's action Is based must contain the following infornation: (a) The name and address of each agency affected and each agency's file or identification number, if (mown; (b) The name, address, and telephone number of the petitioner; the nerve, 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; (f) A statement ofthe specific roles 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 Depattenem s action is based shall state that no such facts are in dispute and otherwise shall contain the sane information as set forth above, as required by rule 28-106301. Under sections 120.569(2)(c) and (d) ofthe 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 office, 400 North Congress Avenue, West Palm Beach, Florida C , ` , Yandol Maps - 6905 S INDIAN RIVER DR, Fort Pierce, FL 34982, US Pop 1 of I Yahool Maps -6906 S INDIAN RIVER DR, Fort YAI4001 LOCH Pierce, FL 34982, US When using any driving directions or map, l s a good idea to do a -reality check and make sure the mad still exists, watch out for construction, and follow all traffic safety precautions. 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