HomeMy WebLinkAboutWATER MANAGEMENT PAPPERWORK0 ��\t tt. South Florida Water Management District
Environmental Resource General Permit No. 56-102199-P
Date Issued: October 17, 2019
Penmittee: Elaine Theodoropoulos
3054 NW Radcliffe Way SCAANBD
Palm City, FL 34990 BY
Project: Theodoropoulos Dock St. Lucie County
Location: St Lucie County, See Exhibit 1
Application No. 191004-1964
Description: Construct an approximately 840 sq.ft. pile -supported dock with two attached boat lifts in
the North Fork St. Lucie River Aquatic Preserve (Exhibits 1.0 and 2.0). The authorization
includes a Letter of Consent for use of state-owned lands in accordance with subsection
18-21.005(1)(c)1, F.A.C. This General Permit supersedes General Permit No. 50-03262-
P-06.
Rule: 62330.427, F.A.C.: General Permit for Certain Piers and Associated Structures
Expiration: October 17, 2024
Your application to use a General Environmental Resource Permit has been approved. This action is taken
based on Chapter 373, Part IV, of Florida Statutes (F.S.) and the rules in Chapter 62-330, Florida
Administrative Code (FA.C.). Please read this entire agency action thoroughly and understand its contents.
This permit is subject to:
Not receiving a filed request for a Chapter 120, F.S., administrative hearing.
The attached General Conditions for Environmental Resource General Permits.
. The attached Specific Conditions.
The attached General Conditions for Authorizations for Use of Sovereign Submerged Lands.
All referenced Exhibits.
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 office 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 this written notice has been mailed or electronically transmitted to the Permittee (and
the persons listed in the distribution list) on October 17, 2019 , in accordance with Section 120.60(3), F.S.
Notice was also electronically posted on this date through a link on the home page of the District's website
(www. sfwmd.gov/e Perm itti nql.
Gary R. Priest, P.E.
Section Leader, Environmental Resource Bureau
NOV 21 2019
FILE COPY
General Conditions for All General Permits, 62-330.405, F.A.C.
1. 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 and shall subject the permittee to enforcement action and revocation of the permit under
Chapter 373, F_S.
2. The 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; and it does not authorize any
violation of any other applicable federal, state, local, or special district laws (including, but not
limited to, those governing the "take" of listed species).
3. 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.
4. 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 that violates state water quality
standards.
5: Section 253.77, F.S., provides that a person may not commence any excavation, construction,
or other activity involving the use of state-owned 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 consent, lease, easement, or other form of authorization authorizing the proposed use.
Therefore, the permittee is responsible for obtaining any necessary authorizations from the
Board of Trustees prior to commencing activity on state-owned lands.
6. The authorization to conduct activities under a general permit may be modified, suspended or
revoked in accordance with Chapter 120, F.S., and Section 373.429, F.S.
7. The general permit is not transferable to a new third party. To be used by a different permittee,
a new notice to use a general permit must be submitted in accordance with rule 62-330.402,
F.A.C. Activities constructed in accordance with the terms and conditions of a general permit
are automatically authorized to be operated and maintained by the permittee and subsequent
owners in accordance with subsection 62-330.340(1), F.A.C. Any person holding the general
permit, persons working under the general permit, and owners of land while work is conducted
under 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 project, activity, or the real property at which the permitted project or activity is
located.
8. Upon reasonable notice to the permittee, Agency staff with proper identification shall have
permission to enter, inspect, sample and test the permitted system to ensure conformity with the
plans and specifications approved by the general permit.
9. The permittee shall maintain any permitted project or activity in accordance with the plans
submitted to the Agency and authorized in this general permit.
Permit No: 56-102199-P, Page 2
10. A permitee's right to conduct a specific activity under this general permit is authorized for a
duration of five years.
11. Activities shall be conducted in a manner that does not cause or contribute to violations of
state water quality standards. Performance -based erosion and sediment control best
management practices shall be implemented and maintained immediately prior to, during, and
after construction as needed to stabilize all disturbed areas, including other measures specified
in the permit to prevent adverse impacts to the water resources and adjacent lands. Erosion
and sediment control measures shall be installed and maintained in accordance with the State
of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department
of Environmental Protection and Florida Department of Transportation, June 2007), available
at hftps://www.flruies.org/Gateway/reference.asp?No=Ref-04227, and the Florida Stormwater
Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental
Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), available
at http://publicfiles.dep.state.fl.us/DEAR/Stormwater Training_Does/erosion-inspectors-
manual.pdf.
12. Unless otherwise specified in the general permit, temporary vehicular access within wetlands
during construction shall be performed using vehicles generating minimum ground pressure to
minimize rutting and other environmental impacts. Within forested wetlands, the permittee shall
choose alignments that minimize the destruction of mature wetland trees to the greatest extent
practicable. When needed to prevent rutting or soil compaction, access vehicles shall be
operated on wooden, composite, metal, or other non -earthen construction mats. In all cases,
access in wetlands shall comply with the following:
(a) Access within forested wetlands shall not include the cutting or clearing of any native
wetland tree having a diameter four inches or greater at breast height;
(b) The maximum width of the construction access area shall be limited to 15 feet;
(c) All mats shall be removed as soon as practicable after equipment has completed passage
through, or work has been completed, at any location along the alignment of the project, but in
no case longer than seven days after equipment has completed work or passage through that
location; and
(d) Areas disturbed for access shall be restored to natural grades immediately after the
maintenance or repair is completed.
13. Barges or other work vessels used to conduct in -water activities shall be operated in a manner
that prevents unauthorized dredging, water quality violations, and damage to submerged
aquatic communities.
14. The construction, alteration, or use of the authorized project shall not adversely impede
navigation or create a navigational hazard in the water body.
15. Except where specifically authorized in the general permit, activities must not:
(a) Impound or obstruct existing water flow, cause adverse impacts to existing surface water
storage and conveyance capabilities, or otherwise cause adverse water quantity or flooding
impacts to receiving water and adjacent lands; or
(b) Cause an adverse impact to the maintenance of surface or ground water levels or surface
water flows established pursuant to section 373.042, F.S., or a Works of the District
established pursuant to section 373.086, F.S.
16. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, stone tools,
dugout canoes, metal implements, historic building materials, or any other physical remains
that could be associated with Native American, early European, or American settlement are
encountered at any time within the project site area, the permitted project shall cease all
Permit No: 56-102199-P, Page 3
activities involving subsurface disturbance in the vicinity of the discovery. The permittee or
other designee shall contact the Florida Department of State, Division of Historical Resources,
Compliance Review Section (DHR), at (850)245-6333, as well as the appropriate permitting
agency office. Project activities shall not resume without verbal or written authorization from
the Division of Historical Resources. If unmarked human remains are encountered, all work
shall stop immediately and the proper authorities notified in accordance with section 872.05,
F.S.
17. The activity must be capable, based on generally accepted engineering and scientific
principles, of being performed and of functioning as proposed, and must comply with any
applicable District special basin and geographic area criteria.
18. The permittee shall comply with the following when performing work within waters accessible
to federally- or state -listed aquatic species, such as manatees, marine turtles, smalltooth
sawfish, and Gulf sturgeon:
(a) All vessels associated with the project shall operate at "Idle Speed/No Wake" at all times
while in the work area and where the draft of the vessels provides less than a four -foot
clearance from the bottom. All vessels will follow routes of deep water whenever possible.
(b) All deployed siltation or turbidity barriers shall be properly secured, monitored, and
maintained to prevent entanglement or entrapment of listed species.
(c) All in -water activities, including vessel operation, must be shut down if a listed species
comes within 50 feet of the work area. Activities shall not resume until the animal(s) has moved
beyond a 50-foot radius of the in -water work, or until 30 minutes elapses since the last sighting
within 50 feet. Animals must not be herded away or harassed into leaving. All onsite project
personnel are responsible for observing water -related activities for the presence of listed
species.
(d) Any listed species that is killed or injured by work associated with activities performed shall
be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC)
Hotline at 1(888)404-3922 and ImpedledSpecies@myFWC.com.
(e) Whenever there is a spill or frac-out of drilling fluid into waters accessible to the above
species during a directional drilling operation, the FWC shall be notified at
ImpedIedSpecies@myfwc.com with details of the event within 24 hours following detection of
the spill or frac-out.
19. The permittee shall hold and save the Agency 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 activity authorized by the general permit.
20. The permittee shall immediately notify the Agency in writing of any submitted information that
is discovered to be inaccurate.
Permit No: 56-102199-P, Page 4
Specific Conditions for General Permits, 62-330.427, F.A.C.
Construction or extension of the boat lift, boat mooring locations, or terminal platform, shall not
occur 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.
2. There shall be no structures enclosed by walls, screens, or doors on any side.
3. 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.
4. This general permit shall not authorize the construction or extension of more than one dock or
pier per parcel of land or individual lot. For the purposes of this general permit, multi -family living
complexes shall be treated as one parcel of property regardless of the legal division of
ownership or control of the associated property.
5. Notwithstanding any other provisions of this general permit, the design, construction and
operation of the dock or pier and associated vessels shall not conflict with any manatee
protection plan approved and adopted under section 379.2431(2)(t), F.S.
Permit No: 56-102199-P, Page 5
General Conditions for Authorizations for Use of Sovereign Submerged Lands, Rule
18-21.004(7), F.A.C.
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 II, F.S.
(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.
(0 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.
(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.
Permit No: 56-102199-P, Page 6
Distribution List
Bruce Jemer, Jerner & Assoc
City of Port St Lucie - Planning and Zoning Division
City of Port St Lucie - Public Works
US Army Corps of Engineers - Permit Section
St. Lucie County Engineer
St. Lucie County Planning and Development Services
Permit No: 56-102199-P, Page 7
Exhibits
The following exhibits to this permit are incorporated by reference. The exhibits can be viewed
by clicking on the links below or by visiting the Districts ePermitting
website (http://my.sfwmd.gov/ePermittinci and searching under this application number
191004-1964.
Exhibit No. 1 Location Mao
Exhibit No. 2.0 Plans
Permit No: 56-102199-P, Page 8
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 120.669 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.
Rev. 11 /08/16 1
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.
• 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 clerkCa)-sfwmd.gov.
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 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 8 1/2 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 setforth 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. 11 /08116