HomeMy WebLinkAboutWATER MANAGEMENT PAPPERWORK^,y South Florida Water Management District
Environmental Resource General Permit No. 56-100136-P
.: Date Issued: February 21, 2018
SCANNED
Permittee: Robert Quinn BY
Linda Quinn St. Lucie County
Project:
Quinn Dock SCANNt-
BY
Location:
St Lucie County, See Exhibit 1 St. Lucie r
Application No.
180205-307
Description:
Construction of a 748-square foot dock with one associated boat lift and one mooring'
area serving a single family residence within the Riverbend Community as shown in
Exhibit 2. The proposed dock construction activities are located on sovereignty
submerged lands- lands owned by the State of Florida and the District has determined
that the activity qualifies for 1Letter of Consent, pursuant to rule 18-21.005(c), Florida
Administrative Code, as long as the work performed is located within the boundaries as
described and is consistent with the attached General Conditions for Authorizations.
Rule:
62330.427, F.A.C.: General Permit for Certain Piers and Associated Structures
Expiration:
February 21, 2023
Your application to use a General Environmental Resource Permit has been approved. This action is taken
based on Chapter 373, Part IV, of Florida Statues (F.S.) and the rules in Chapter 62-330, Florida.
Administrative Code (F.A.C.). Please read this entire agency action thoroughly and understand its contents.
This permit is subject to:
• Not recalving 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 Penhittee (and
the ,persons listed in the distribution list) on February 21, 2018 , 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.sfwnid.gov/ePermittin ).
Barbara Conmy
Section Leader MIN. SETBACK
FRONT_
�9 B CNR
FILE ®P*f ZNC
Permittees:
Robert Quinn
3062 NW Radcliff Way
Palm City, FL 34990
Linda Quinn
3062 NW Radcliffe Way
Palm City, FL 34990
Permit No: 56-100136-P, Page 2
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. 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.
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, tease, 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. This permit shall not be transferred to a third party except pursuant to Rule 62-330,340, R.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 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 activity to ensure conformity with the
plans and specifications approved by the 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..
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
Permit No: 56-100136-P, Page 3
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: www.dep,slate.fl.us/water/wetlands/docs/erp/FLErosionSedimentManual 6_07.pdf, and the
M
"Florida Stormwater Erosion and Sedimentation Control Inspector's anual" (Florida
Department of Environmental Protection, Nonpoint Source Management Section,, Tallahassee,
Florida, July 2008). available: at: www.dep.state.fl.us/water/nonpoint/docs/erosion/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. 1n 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 4 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 within 72 hours after the work commences; 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,waterbody.
15. Except where specifically authorized in this 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 maintenanceof 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 373.686, F.S.
16. If any prehistoric or historic artifacts, such .as :pottery- or ceramics, stone tools or metal
implements, dugout canoes, or any other physical remains that could be associated with
Native American cultures, or early colonial or American settlement are encountered at any time
within the project site area, work Involving subsurface disturbance in the immediate vicinity of
such discoveries shall cease. The permittee or other designee shall contact the Florida
Department of State, Division of Historical Resources, Compliance and Review Section, at
(850) 245-6333 or (800) 847-7278, as well as the appropriate Agency,office. Such subsurface
work 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
notification shall be provided in accordance with Section 872.05, F.S.
17. The activity must be capable of being performed and of functioning as proposed, based on
generally accepted engineering and scientific principles, and must comply with any applicable
District special basin and geographic area criteria
Permit No: 56-100136 P. Page 4
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 shutdown 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 on -site project
personnel are responsible for observing water -related activities for the presence of listed
species.
d. Any listed species that is killed or lnjured 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 ImperiledSpecies@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
impedledspecies@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: 56-100136-P, Page 5
Specific Conditions for General Permits, 62430.427, F.A.C.
Construction or extension of the boat house, boat shelter, boat lift, gazebo, boat mooring
locations, or terminal platforms, shallnot 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 width of four
feet in Aquatic Preserves.
2. There shall be no living quarters, or other structures enclosed by walls or doors on all sides:
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 generalpermit shall not authorize the, construction of more than one 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.
Permit No: 56-10013&P, Page 6
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 undei. 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 authoritzations
'Under this chapter, shall be binding upon the grantee, and shall be enforceable under Chapter 253
or Chapter 258, Part h, 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
sovereign 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-27.003t 68A-27.004,
and 68A-27.005, F.A.C.
(t) Structures or activities shall notunreasonably interfere with riparian rights. When a court of
competent jurisdiction determines that riparian -tights have been unlawfully affected, thestructure
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 repairred 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: 56-100136-P. Page 7