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HomeMy WebLinkAboutSFL WATER MANAGEMENT PAPPERWORKA * -K %t? SOUTH FLORIDA WATER MANAGEMENT DISTRICT Regulation Division August 16, 2017 Michael Debock Standard Pacific of Florida GP, Inc. 825 Coral Ridge Drive Coral Springs, FL 33071 mdebock(o)stanoac.com SCANNED BY St. Lucie County REVISED DATE August 17, 2017 CORRECTEDCOPY Subject: Chapter 252.363, Florida Statutes - Tolling and extension of permits and other authorizations. Project Name: Riverbend Docks Application and Permit Numbers (Please see below) St. Lucie Dear Permittee : The District received the notice to use the provisions of Florida Statutes, Chapter 252.363 to extend the duration of the above Environmental Resource Permit (ERP) under Part IV of Chapter 373, F.S. The qualifying Emergency Order(s) are: 2016-230, 16-274, 2017-16, 2017-16 and 67 (Matthew), 2017-120 and 174 (Wildfires), 2017-146, and 177 (Opioid Epidemic) and 2017-204 (Tropical Storm Emily). Pursuant to those provisions, the expiration date of the permit is changed as follows: Name Application No. Permit No. New Expiration Date Riverbend Lot 10 Dock 170810-23 Riverbend Lot 11 Dock 170810-25 Riverbend Lot 13 Dock 170810-24 56-03262-P-02 May 22, 2022 56-03262-P-15 May 22, 2022 56-03262-P-04 May 22, 2022 All dates contained in the terms and conditions of the permit pertaining to deadlines, such as for commencing or completing construction, completing any mitigation, and submitting reports for the activity authorized by the permit are modified in recognition of, and relative to, the new expiration date. You are advised that the legislation requires that, "The commencement and completion dates for any required mitigation associated with a phased construction project [is] extended such that the mitigation takes place in the same timeframe relative to the phase as originally permitted" In accordance with the legislation, the permitted activity will continue to be governed by the rules in effect at the time the permit was issued. However, any future request to modify the permit, except where the modification lessens the environmental impact, will be governed by the rules in effect at the time of the modification. 3301 Gun Club Road, ❑'mt Palm Beach, Florida 33406 • (561) 686-M • I-SX432-2045 • % w sf rmd.gmr Michael Debock Riverbend Docks Page 2 This extension does not: Otherwise change any other terms or conditions of the permit. 2. Affect the expiration date of any associated state-owned submerged lands lease or easement that was executed for the activities authorized in the permit. It also does not change any terms or conditions contained in the lease or easement, such as deadlines for submittal of any required lease fees. 3. Affect the water quality certification determination under Section 401, Public Law 92-500, 33 U.S.C. Section 1341 made as part of the permit. 4. Affect the coastal zone consistency concurrence determination made under Florida's Coastal Zone Management Program in Section 307 of the Coastal Zone Management Act and 15 CFR 930, Subpart D originally contained in the permit. 5. Affect the expiration date of any state, federal, or local permit, license, or authorization related to this permit, specifically including any federal permit under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act of 1899. If you have any questions concerning this matter, please contact Gary Priest. P.E., Section Leader, Okeechobee Regulatory Office by telephone at 863-462-5260 ext. 3016 or via email at apriestaa.sfwmd.gov. A Valera, P.E. Chief, Environmental Resource Bureau Enclosures: Location Maps Notice of Rights cc: Melissa G. Corbett Application No. 170810-23 Application No. 170810-24 Application No. 170810-25 10 4 #` + DTP. fit t �f° Y• ;4 t \ L fyl,Lnr �.. y.. ✓r�i.+P _a aa,+; `�" r�, •.}w] _„/ _ P. ! - y '4.5. F i p f' lsr�'�•++_ ,/, f • s f1� 1 4. V l; ." ® .t ;� �t�y 'r s� •L',�3_ f'i.:.*�;sr+�c�n derma r � •ST. LUCIE COUNTY, FL !.� • • � •�• i/� AppliCatiOnwill► l .� � • l r v� • : `tn n psi 4a.,• • ` ." �';' t +t � �� � r rs_:-t ` a - . � .�=`�. � • } � , u` _ TAX . • , , °'lr;r. `�,' d� � r, �..-'i„�-:. M .�_` S •/ _ . ..r.wle.i�+ �r�s.:..i } ir`t*.`i-.��� �•'• ,r � ..ww:�a' } N_�• " :� J , fir[ _•k • ` r a t „ �` 17t fir' `4 • .-+' +Aar Y ELF , �i. �' �� •. . .n�. " . � Try �• - F ' ,. 44 .�s�7t•'+++•.0,�>1.w ' }' i`✓!,s,.+'•�Yed. 1.-.s. j d'+.. 4i Job ST. LUCIE COUNTY, FL Application A �'".�. �y ` a'4•Y'/'�"s%���.r!"' .' •t * r ;.roc%*. �r,"����'?.'�):. NOTICE OF RIGHTS As required by Sections 120.569 and 120.60(3), Fla. Stat., the following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all of the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a SFWMD decision which affects or may affect their substantial interests shall file a petition for hearing with the Office of the District Clerk of the SFWMD, in accordance with the filing instructions set forth herein, within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: (1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or (2) within 14 days of service of an Administrative Order pursuant to Section 373.119(1), Fla. Stat. "Receipt of written notice of agency decision" means receipt of written notice through mail, electronic mail, or posting that the SFWMD has or intends to take final agency action, or publication of notice that the SFWMD has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. If the District takes final agency action which materially differs from the noticed intended agency decision, persons who may be substantially affected shall, unless otherwise provided by law, have an additional Rule 28-106.111, Fla. Admin. Code, point of entry. Any person to whom an emergency order is directed pursuant to Section 373.119(2), Fla. Stat., shall comply therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible. A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. A timely request for an extension of time shall toll the running of the time period for filing a petition until the request is acted upon. FILING INSTRUCTIONS A petition for administrative hearing must be filed with the Office of the District Clerk of the SFWMD. Filings with the Office of the District Clerk may be made by mail, hand -delivery, or e-mail. Filings by facsimile will not be accepted. A petition for administrative hearing or other document is deemed filed upon receipt during normal business hours by the Office of the District Clerk at SFWMD headquarters in West Palm Beach, Florida. The District's normal business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Any document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows: • Filings by mail must be addressed to the Office of the District Clerk, 3301 Gun Club Road, West Palm Beach, Florida 33406. Rev.11108116 .. , Filings by hand -delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. It will be necessary to request that the SFWMD's security officer contact the Office of the District Clerk. An employee of the SFWMD's Clerk's office will receive and file the petition. Filings by e-mail must be transmitted to the Office of the District Clerk at clerk(sfwmd.00v. The filing date for a document transmitted by electronic mail shall be the date the Office of the District Clerk receives the complete document. A party who files a document by e-mail shall (1) represent that the original physically signed document will be retained by that party for the duration of the proceeding and of any subsequent appeal or subsequent proceeding in that cause and that the party shall produce it upon the request of other parties; and (2) be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed. INITIATION OF AN ADMINISTRATIVE HEARING Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Fla. Stat., and Rules 28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 81/2 by 11 inch white paper. All petitions shall contain: 1. Identification of the action being contested, including the permit number, application number, SFWMD file number or any other SFWMD identification number, if known. 2. The name, address, any email address, any facsimile number, and telephone number of the petitioner and petitioner's representative, if any. 3. An explanation of how the petitioner's substantial interests will be affected by the agency determination. 4. A statement of when and how the petitioner received notice of the SFWMD's decision. 5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. 8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action. MEDIATION The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28-106.111 and 28-106.401—.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Section 120.68, Fla. Stat., and in accordance with Florida Rule of Appellate Procedure 9.110, a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal with the Office of the District Clerk of the SFWMD in accordance with the filing instructions set forth herein within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice with the clerk of the appropriate district court of appeal. Rev.11108f16 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE NOTICED PERMIT NO.56-03262-P-04 DATE ISSUED:September27, 2013 F°"° SCANNED oe195 fss BY PERMITTEE: STANDARD PACIFIC OF FLORIDAGP, INC. St. Lucie County 825 CORAL RIDGE DR CORAL SPRINGS, FL 33071 PROJECT DESCRIPTION: Construction of a 760 square foot dock serving a single.family residence on Lot 13 of the Riverbend Community. The dock's configuration and' location are attached as Exhibit 2.0. The project qualifies for a Letter of Consent pursuant to Section 18- 21.005(1)(c)1 and is subject to the attached General Conditions and Authorizations. PROJECT LOCATION: ST LUCIE COUNTY, SEC 25 TWP 37S RGE 40E PERMIT Five years from the date issued to complete construction of the .surface water DURATION: management system as authorised herein. Pursuant to Rule 40E-4.321, Florida Administrative Code. This is to notify you of the District's agency action conceming Notice of Intent foi. Permit Application No. 130725.9, dated July 25. 2013. This action is taken pursuant to Rule 40E-1.603 and Chapter 40E-40 and 40E-400, Florida Administrative Code (FA.C.). Based on the information provided, District rules have been adhered 10 and an Environmental Resource Permit is In effect for this project subject to: 1. Not receiving a filed request for a Chapter 120, Florida Statutes, administrative hearing. 2: the attached 13 ,General Conditions (See Pages:. 2 - 3 of 5), 3. the attached General Conditions for Authorizations for Use of Sovereign Submerged Lands (See Pages : 4 - 4 of 5). 4.. the attached 6 Specific Conditions in section 40E400.427 (See Pages : 5 - 5of 5) and 5. the attached 3 Exhlbit(s) Should you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the,proposed agency action. Please contact this once if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights," we will assume that you concur with the District's action. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a "Notice of Rights" has been mailed to the Permittee (and the persons listed in the attached distribution list) no I ter than 5:00 p.m. on this 27th day of September, 2013, in accordance with Section 12B G6B F1 ride Statut sJ/� BY: ' J 11JZ'l.irrk, Barbara J. Conmy Section Leader Martin / St Lucie Regulatory Office Page 1 of 5 Application No.: 130725-9 Page 2 of 5 GENERAL CONDITIONS 1 The terms, conditions, requirements, limitations, and restrictions set forth in this section are general permit conditions, and shall be applicable to, and are binding upon the permittee for all No Notice and 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 suspension or revocation of the permittee's right to conduct such activity under the general permit. The District 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. 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 and this Chapter. 4• This 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 District rules. 5. 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 permitee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state owned lands. 6. The general permit may be modified, suspended or revoked in accordance with Chapter 120, and Section 373.429, F.S. 7. This permit shall not be transferred to a third party except pursuant to Section 40E-4.351, 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. 6. Upon reasonable notice to the permittee, District 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. 9. The permittee shall maintain any permitted system in accordance with the plans submitted to the District. 10. A permittee's right to conduct a specific noticed activity under this noticed general permit is authorized for a duration of 5 years. 11. 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 Section 624.242(1)(a) and (b), 624.242(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 the State water quality standards. Temporary erosion control Application No.: 130725-9 Page 3 of 5 GENERAL CONDITIONS measures such as sodding, 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 7 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. 12. The permittee shall hold and save the District 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. 13. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. Application No.: 130725-9 Page 4 of 5 GENERAL CONDITIONS FOR AUTHORIZATIONS FOR USE OF SOVEREIGN SUBMERGED LANDS Project No. 130725-9 Chapter 18-21.004(7), F.A.C., provides that all authorizations granted by rule or in writing under Rule 18-21.005, F.A.C., except those for aquaculture activities and geophysical testing, shall be subject to the general conditions as set forth in paragraphs (a) through (i) below. The general conditions shall be part of all authorizations under this chapter, shall be binding upon the grantee, and shall be enforceable under Chapter 253 or Chapter 258, Part ll, F.S. Chapter 18-21.004(7), F.A.C., General Conditions for Authorizations: (a) 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. (b) 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. (c) 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. (d) Structures or activities shall be constructed and used to avoid or minimize adverse impacts to sovereignty submerged lands and resources. (e) 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. (f) 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. (g) Structures or activities shall not create a navigational hazard (h) 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. (i) 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)(g), F.A.C., or any other applicable law. Application No.: 130725-9 Page 5 of 5 SPECIFIC CONDITIONS 40E-400.427 General Permit for Certain Piers and Associated Structures. 1. Construction or extension of the boathouse, 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 5 feet above mean high water or ordinary 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 6 feet, or a width of 4 feet in aquatic preserves. 2. 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. 3. The structure and its use shall not significantly impede navigability in the water body. 4. 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 shelter, gazebo, or terminal platform. 5. 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. 6. 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, multifamily living complexes shall be treated as one parcel of property regardless of the legal division of ownership of the associated property. NOTICE OF RIGHTS As required by Sections 120.569(1), and 120.60(3), Fla. Stat., following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: 1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or 2) within 14 days of service of an Administrative Order pursuant to Subsection 373.119(1), Fla. Stat. "Receipt of written notice of agency decision" means receipt of either written notice through mail, or electronic mail, or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. Filing Instructions The Petition must be filed with the Office of the District Clerk of the SFWMD. Filings with the District Clerk may be made by mail, hand -delivery or facsimile. Filings by e-mail will not be accepted. Any person wishing to receive a clerked copy with the date and time stamped must provide an additional copy. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Any document received by the office of the SFWMD Clerk after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows; Filings by mail must be addressed to the Office of the SFWMD Clerk, P.O. Box 24680, West Palm Beach, Florida 33416. Filings by hand -delivery must be.delivered to the Office of the SFWMD Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. To ensure proper filing, it will be necessary to request the SFWMD's security officer to contact the Clerk's office. An employee of the SFWMD's Clerk's office will receive and file the petition. Filings by facsimile must be transmitted to the SFWMD Clerk's Office at (561) 682-6010. Pursuant to Subsections 28-106.104(7), (8) and (9), Fla. Admin. Code, a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed with the clerk as a result. The filing date for a document filed by facsimile shall be the date the SFWMD Clerk receives the complete document Rev. 07/01/2009 Initiation of an Administrative Hearing Pursuant to Rules 28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 8 and 112 by 11 inch white paper. All petitions shall contain: I. Identification of the action being contested, including the permit number, application number, District file number or any other SFWMD identification number, if known. 2. The name, address and telephone number of the petitioner and petitioner's representative, if any. 3. An explanation of how the petitioner's substantial interests will be affected by the agency determination. 4. A statement of when and how the petitioner received notice of the SFWMD's decision. 5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. S. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action. A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. 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 the District takes action with substantially different impacts on water resources from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28-106.111, Fla. Admin. Code, unless otherwise provided by law. Mediation The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28-106.111 and 28-106.401-.405, Fla. Admin. Cade. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Sections 120.60(3) and 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. Rev. 07/0112009 u 0 {Q "A tiBe'grl' � {r.• '. PROJECT SITE h /r `v KWTlanaboUt Ln.� t y `;N�8aysinger Sexch ��y BAssaaates 11� RIVERBEND LOT 13 PALM CITY meHo.Termee•.\ .• r S�ti:So� o:NW _�-=.NW.Fork'Rd:::- N%` 1 Dcsign&DrmvWngby., -A Jerner&Associates, Inc. Envirmoncntal Consulting 2i37SEAllfonwAsr. Port St.Ludc,FL34952 eli.(772)283.2950 nm jeniaftdlsoarhna Sheet 1 m X s cr Y I O p a `nt a 3 3 APPROXIMATE RIPARIANLINE :� r okit 18'' E'SSL� i SEAGRASS SURVEY PERFORMED 519113 BY BRUCE JERNER. NO SAV OBSERVED WITHIN 50' RADIUS OF PROJECT SITE •d m so 14; v �) " ; 0••••• WATERDEPTHS rp o 14' INCREASE TO CHANNEL_ 3 150'X4'A&vss Z APPROXIMATE RIPARIANLINE ' i W O 150'X4'Access I k i 1 DECK EL. 4' TO 5' w ABOVEMHW so �Q i I_kq RIVERBEND LOT 93 PALM .CITY Ocsign�Drmvingby: Jerner & Associates, Inc. EnvirmnncntalConsulling i 25375EAIIowAvr. Port St. Lucir•FL34952 P6.(a2)283.2950 mail(Piancoict MLW ()4' MLW 1" = 30' Date: Sheet 2 i Pier Section Thru 4' to 10' zo 0 v Live Load 40 lbs. / Sq Ft Dead Load 5 lbs. / Sq Ft SGL Bolts, Nut, Washers5(8" H.D. — Galy. Dr S.S. (304) w Nut Fully Threaded 2"x 6" SYP, .40 ACQ Decking #1 Grade w :"plank spacing. Fasten w#f03"SS(304) Screws, 2 per Stringer 2"x 8"P. T. SYP, .40 ACQ treatedstringers to _tdtllN._ be butt jointed, butt joints to be staggered. 2'x 8'P.T SYP,.40- a ACQ treated DBL bents y P)lings jetted to a minimum depth of 6' and as necessary to provide adequate bearing and stability H H RIVERBEND LOT 13 PALM 'Cl TY -Min. 8" Die. 2.5 - CCA treated piles Pier Plan View 4' to 10' Stringers 24' I} O.C. Max Center Stringer(s) toe Nailed w (2) #16 SS (304) Ring Shank Nails @ Each Bent, Outside Stringers Face Nailed w #16 SS (304) Ring Shank Nails (See Nail Pattern Below) 18" 18" ( DaigncDrmvingby: ]crncr & Associates, Inc. Environmental Consulting 3537SEAfonwAvc Port SL Lucie, FL 34952 Ph (77_')283•2950 jcntn@bcllsouth.nct 5/1 Sheet 3 .STANDARD MANATEECONDITIONS' FOR IN -WATER WORK 2011 The permittee shall comply with the following conditions intended to protect manatees from direct project effects: a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake" at all times while in the immediate area and while in water where the draft of the vessel provides less than a four -foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. C. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured; and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must.not impede.manatee movement. d. All on -site project personnel are responsible for observing water -related. activities for the presence of manatee(s). All in -water operations, including vessels, must be shutdown if a manatees) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until30 minutes elapses if the manatees) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-886=404-3922. Collision and/or injury should also'be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach.(1-772-562-3909) for south Florida, and to FWC at I moeriledSaecies(cDmyF WC.com Temporary signs concerning manatees shall be posted prior to and during all in -water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8'/:" by 11" explainind. the requirements for "Idle Speed/No Wake" and the shut down of in -water operations must be posted in a.location prominently visible to all personnel. engaged in water -related activities. These signs can be viewed at MvFWC.com/manatee. Questions concerning these signs can be sent to the email address listed above. Exhibit 3.0 Application No. 130726-9 Page 1 .of 1, RIVERBEND LOT 13 DOCK Application No: 130725-9 Permit No: 56-03262-P-04 INTERNAL DISTRIBUTION X Hugo A. Carter, P.E. X Jose Vega X Barbara J. Conmy X ERC Martin/St. Lucie STAFF REPORT DISTRIBUTION LIST EXTERNAL DISTRIBUTION X Permittee - Standard Pacific Of Florida Gp, Inc. X Engr Consultant - Jerner And Associates Inc GOVERNMENT AGENCIES X City of Port St Lucie - Planning Div X St. Lucie County Engineer X St. Lucie County Planning and Development Services Mark Satterlee, AICP, Director STAFF REPORT DISTRIBUTION LIST ADDRESSES Standard Pacific Of Florida Gp, Inc. 825 Coral Ridge Dr Coral Springs FL 33071 mdebock@stanpac.com City of Port St Lucie - Planning Div 121 Sw Port St Lucie Blvd Port St Lucie FL 34984-5099 dholbrook@cityofpsi.com St. Lucie County Planning and Development Services Mark Satterlee, AICP, Director 2300 Virginia Avenue Fort Pierce FL 34482 satterleem@stlucieco.org Jemer And Associates Inc 2537 S E Alfonso Ave Port St Lucie FL 34952 brucejemer@gmail.com St. Lucie County Engineer 2300 Virginia Avenue Fort Pierce FL 34982 powleym@sbucieco.org Application No: 130725-9 Page 2 of 2