HomeMy WebLinkAboutFL DEPT. OF EP PAPPERWORKMark Smiley
1928 Commerce Lane
Florida Department of
Rick Scott
Governor
Environmental Protection
Carlos Lopez -Canters
Southeast District Office Lt. Governor
3301 Gun Club Road, MSC 7210-1
West Palm Beach, Florida 33406 Noah Valenstein
561-681-6600 -----Se
SeCretary
SCANNED OCT 2 4 2019
BY
St. Lucie Cbunty'e County, Permitting
Jupiter, FL 33458
Sent via e-mail: msmiley(2a smiley-associates.com
Re: File No.: 56-0305954-002,003-EE
File Name: 134 Commonwealth Ct Dock
Dear Mr. Smiley:
On March 22, 2018, we received your application for an exemption to perform the following
activities: (1) install a 765 sq. ft. dock; and (2) install a boat lift. The project is located in a
manmade canal, Class III Waters, adjacent to 134 Commonwealth Court, Fort Pierce (Section 14,
Township 34 South, Range 40 East), in St. Lucie County (Latitude N 27' 31' 0.41 ", Longitude W
80° 18' 57.98").
Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption, (2)
proprietary authorization (related to state-owned submerged lands), and (3) federal approval that
may be necessary for work in wetlands or waters of the United States.
Your project did not qualify for the federal review portion of this verification request. Additional
authorization must be obtained prior to commencement of the proposed activity. This letter
does not relieve you from the responsibility of obtaining other federal, state, or local authorizations
that maybe required for the activity. Please refer to the specific section(s) dealing with that portion
of the review below for advice on how to proceed.
1. Regulatory Review — VERIFIED
Based on the information submitted, the Department has verified that the activity as proposed is
exempt under Chapter 62-330.051(5)(b), Florida Administrative Code, from the need to obtain a
regulatory permit under part IV of Chapter 373 of the Florida Statutes.
This exemption verification is based on the information you provided the Department and the
statutes and rules in effect when the information was submitted. This verification will expire after
one year, and will not be valid at any other time if site conditions materially change, the project
design is modified, or the statutes or rules governing the exempt activity are amended. However,
the activity may still be conducted without further notification to or verification from the
www.dep.state. l.us
Project No.: 56-0305954-002,003-EE
Project Name: 134 Commonwealth Ct Dock
Page 2 of 5
Department after the one-year expiration of this verification, provided: 1) the project design does
not change; 2) site conditions do not materially change; and 3) there are no changes to the statutes
or rules governing the exempt activity. In the event you need to re -verify the exempt status for the
activity after the one-year expiration of this verification, a new application and verification fee will
be required. Any substantial modifications to the project design should be submitted to the
Department for review, as changes may result in a permit being required. Conditions of compliance
with the regulatory exemption are contained in Attachment A.
2. Proprietary Review — NOT REQUIRED
The activity does not appear to be located on sovereign submerged lands, and does not require
further authorization under chapter 253 of the Florida Statutes, or chapters 18-20 or 18-21 of the
Florida Administrative Code.
3. Federal Review — SPGP NOT APPROVED
Your proposed activity as outlined on your application and attached drawings does not qualify for
Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE
permit or authorization shall be required from the Corps. You must apply separately to the Corps
using the appropriate federal application form (ENG 4345). More information about Corps
permitting may be found online in the Jacksonville District Regulatory Division Sourcebook.
Authority for review - an agreement with the USACOE entitled "Coordination Agreement
Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of
Environmental Protection, or Duly Authorized Designee, State Programmatic General Permit",
Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act.
Additional Information
Please retain this letter. The activities may be inspected by authorized state personnel in the future
to insure compliance with appropriate statutes and administrative codes. If the activities are not
in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18-14, F.A.C.
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a petition
for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the
deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not
be final and effective until further order of the Department. Because the administrative hearing
process is designed to formulate final agency action, the filing of a petition means that the
Department's final action may be different from the position taken by it in this notice.
Petition for Administrative Hearing
A person whose substantial interests are affected by the Department's action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-
106.201, F.A.C., a petition for an administrative hearing must contain the following information:
(a) The name and address of each agency affected and each agency's file or
identification number, if known;
Project No.: 56-0305954-002,003-EE
Project Name: 134 Commonwealth Ct Dock
Page 3 of 5
(b) The name, address, any email address, any facsimile number, and telephone number
of the petitioner; the name, address, and telephone number of the petitioner's
representative, if any, which shall be the address for service purposes during the course of
the proceeding; and an explanation of how the petitioner's substantial interests are or will
be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition
must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that
the petitioner contends warrant reversal or modification of the agency's proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require
reversal or modification of the agency's proposed action, including an explanation of how
the alleged facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that
the petitioner wishes the agency to take with respect to the agency's proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.
Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the
time of filing.
Time Period for Filing a Petition
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any
persons other than the applicant, and other than those entitled to written notice under Section
120.60(3), F.S. must be filed within 21 days of publication of the notice or within 21 days of receipt
of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person
who has asked the Department for notice of agency action may file a petition within 21 days of
receipt of such notice, regardless of the date of publication. The failure to file a petition within the
appropriate time period shall constitute a waiver of that person's right to request an administrative
determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding
and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another
party) will be only at the discretion of the presiding officer upon the filing of a motion in
compliance with Rule 28-106.205, F.A.C.
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the
Department's action may also request an extension of time to file a petition for an administrative
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 for filing a petition for an administrative hearing. A timely request for
extension of time shall toll the running of the time period for filing a petition until the request is
acted upon.
Project No.: 56-0305954-002,003-EE
Project Name: 134 Commonwealth Ct Dock
Page 4 of 5
Mediation
Mediation is not available in this proceeding.
FLAWAC Review
The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may
also seek appellate review of this order before the Land and Water Adjudicatory Commission
under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water
Adjudicatory Commission must be filed with the Secretary of the Commission and served on the
Department within 20 days from the date when the order is filed with the Clerk of the Department.
Judicial Review
Any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by
filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure,
with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth
Boulevard, M.S. 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 this action is filed with the Clerk of
the Department.
Thank you for applying to the Submerged Lands and Environmental Resource Permit Program. If
you have any questions regarding this matter, please contact Danielle Sattelberger at (561) 681-
6609 or by email at Danielle.Sattelbereer(rtdeo.state.fl.us.
Executed in Orlando, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
it p
Danielle Sattelberger
Environmental Specialist II
Southeast District
Project No.: 56-0305954-002,003-EE
Project Name: 134 Commonwealth Ct Dock
Page 5 of 5
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this permit and all copies
were sent on the filing date below to the following listed persons:
FDEP—Monica Sovacool, Danielle Sattelberger
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
April 16, 2018
Xerk Date
Enclosures:
Attachment A- Specific Exemption Rule
Project Drawings, 1 page
Attachment A
Chapter 62-330.051 Exempt Activities.
The activities meeting the limitations and restrictions below are exempt from permitting. However,
if located in, on, or over state-owned submerged lands, they are subject to a separate authorization
under Chapters 253 and 258, F.S., and Chapters 18-18, 18-20, and 18-21, F.A.C., as applicable.
(5) Dock, Pier, Boat Ramp and Other Boating -related Work —
(b) Installation of private docks, piers, and recreational docking facilities, and installation of
local governmental piers and recreational docking facilities, in accordance with Section
403.813(1)(b), F.S. This includes associated structures such as boat shelters, boat lifts, and roofs,
provided:
1. The cumulative square footage of all structures located over wetlands and other surface
waters does not exceed the limitations in Section 403.813(1)(b), F.S.;
2. No structure is enclosed on more than three sides with walls and doors;
3. Structures are not used for residential habitation or commercial purposes, or storage of
materials other than those associated with water dependent recreational use; and
4. Any dock and associated structure shall be the sole dock as measured along the shoreline
for a minimum distance of 65 feet, unless the parcel of land or individual lot as platted is less than
65 feet in length along the shoreline, in which case there may be one exempt dock allowed per
parcel or lot.
COMMONWEALTH CT
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FLORIDA DEPARTMENT OF Ron Desantis
Environmental Protection Governor
Jeanette Nunez
Bob Martinez Center Lt. Governor
2600 Blair Stone Road
Tallahassee, Florida 32399-2400 Noah Valenstein
Secretary
Receipt for Submission
SELF -CERTIFICATION FOR A PROJECT AT A
PRIVATE, RESIDENTIAL SINGLE-FAMILY
08/23/2019
Self -Certification File No.: 0379417001EE
File Name: 134 Commonwealth Ct Hutchinson Island, FL 34949 - Self Cert Exempt Dock with Boat
Lift(s) (General)
Dear Mark C. Smiley: On 08/23/2019 you used the Florida Department of Environmental Protection's
electronic Self Certification Process to certify compliance with the terms and conditions of the Federal
State Programmatic General Permit (SPGP) Self Certification Process for a project at private, single-family
residence located at:
LAT - Degrees: 27 Minutes: 31 Seconds: 0.3244
LONG - Degrees: -80 Minutes:18 Seconds: 57.9838
SITE ADDRESS: 134 Commonwealth Ct Hutchinson Island, FL 34949
COUNTY: St. Lucie
For:
Mark Smiley
1928 Commerce Lane Suite 2 Jupiter, FL 33458
You have certified that the project you propose to construct at the above location meets all the conditions
of the Self -Certification Process. A project that is built in conformance to those conditions (attached for
reference) will:
1. Qualify for a regulatory exemption under Section 403.813(1)(b) of the Florida Statutes (F.S.) and
Chapter 62-330, Florida Administrative Code (F.A.C.). As such, it is exempt from the need to obtain
a DEP Environmental Resource Permit.;
2. Qualify for Consent by Rule or Letter of Consent (as applicable) under Chapter 253, F.S. and
Chapter 18-21, F.A.C. (and Chapter 258, F.S. and Chapter 18-20, F.A.C., if applicable), when the
project is located on submerged lands owned by the State of Florida.
Your Self -Certification is based solely on the information you provided under this process, and applies
only to the statutes and rules in effect when your certification was completed. The certification is effective
only for the specific project proposed, and only if the project is constructed, operated, and maintained in
conformance with all the terms, conditions, and limitations stated in the Self -Certification Process. 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.
You have acknowledged that this Self Certification will automatically expire if:
1. Construction of the project is not completed within one year from the self -certification date;
2. site conditions materially change;
3. the terms, conditions, and limitations of the Self Certification are not followed; or
4. the governing statutes or rules are amended before construction of the project.
Completion of the Self Certification constitutes your authorization for Department or Corps personnel to
enter the property for purposes of inspecting for compliance.
Receipt of this Self -Certification constitutes authorization to use sovereignty/state-owned submerged lands,
as required by rule 18-21.005, F.A.C.
The authorization must be visibly posted during all construction activities.
In waters that are accessible to manatees, obtain information on your mandatory Manatee Protection sign
by clicking here.
FEDERAL STATE PROGRAMMATIC GENERAL PERMIT (SPGP)
Your project does not qualify for Federal Authorization under the State Programmatic General Permit. In
addition to the Self -Certification process, you need to apply for federal authorization. Please contact the
U.S. Army Corps of Engineers athttp71/www.sAJ.usace_army_m il/Missions/Regulatory-aspX for further
information about how to receive authorization in order to proceed with your project.
ADDITIONAL INFORMATION
This Self -Certification Process does not relieve you from the responsibility of obtaining other permits or
authorizations from other agencies (federal, state, Water Management District, or local) that may be
required for the project. Failure to obtain all applicable authorizations prior to construction of the project
may result in enforcement.
If you have any problems with the attached documents, please call the ERP Coordinator at (850) 245-8495
or by e-mailing us at ERP eAppsadenstate fl us.
Sincerely,
Florida Department of Environmental Protection
Attachments:
FDEP Terms and Conditions