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HomeMy WebLinkAboutSUBMITTES PAPPERWORK:, ob Itoi009 seo Department of r, yxx .ter 4si�����-.��,�+» P rote Port St. Lucie Branch Office 1801 SE Hillmoor Drive Jeb Bush Suite C-204 Governor Port St. Lucie, FL 34952 (561)871-7662 (561)335-4310 FEB - 8 1999 Robert Anglin 51 Aqua Ra Drive Jensen Beach, FL 34957-2623 Re: File No.: 56-0149863-001/002 St. Lucie County Dear Mr. Anglin: SCA COUNtl David B. Struhs Secretary On December 23, 1998, we received your application for an exemption to perform the following activities: construct a 60 linear foot seawall at mean high water and construct a 24' X 10' marginal dock in a man made waterbody (Class III waters of the state), located at 51 Aqua Ra Drive (Section 11, Township 37 South, Range 41 East), Jensen Beach, St. Lucie County. Your application has been reviewed to determine whether it qualifies for any of three kinds of authorization that may be necessary for works in wetlands or waters of the United States. The kinds of authorization are (1) regulatory authorization, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal authorization. The authority for review and the outcomes of the reviews are listed below. Please read each section carefully. Your project may not have qualified for all three forms of authorization. If your project did not qualify for one or more of the authorizations, refer to the specific section dealing with that authorization for advice on how to obtain it. REGULATORY AUTHORIZATION - EXEMPTION VERIFIED The Department has the authority to review your project under Part IV of Chapter 373, Florida Statutes (F.S.), Title 62, Florida Administrative Code (F.A.C.), and in accordance with operating agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C. Based on the information you submitted, we have determined that your project is exempt from the need to obtain a DEP Environmental Resource Permit under Rule 40E-4.051(3)(b) and Rule 40E-4.051(4)(a),(F.A.C.). This determination is based solely on the information provided to the Department and the statutes and rules in effect when the application was submitted and is effective only for the specified activity. 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 - PROPRIETARY AUTHORIZATION - GRANTED The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (B.O.T.) and issues certain authorizations for the use of sovereign submerged lands. The Department has the authority to review your project under Chapters 253 and 258, F.S., Chapters 18-20 and 18-21, F.A.C., and Section 62-343.075, F.A.C. "Protect, Conserve and Manage Florida's Environment and Natural Resources" Printed on recycled paper. Robert Anglin File No.: 56-0149863-001/002 Page 2 Your project may occur on sovereign submerged land and may require authorization from the Board of Trustees to use public property. As staff to the Board of Trustees, we have reviewed the proposed project and have determined that, as long as it is located within the described boundaries and is consistent with the attached general consent conditions, the project qualifies for consent to use sovereign submerged lands. Therefore, pursuant to Chapter 253.77, Florida Statutes, you may consider this letter as authorization from the Board of Trustees for the upland riparian owner to perform the project. The Letter of Consent associated with these General Consent Conditions as well as these conditions themselves are subject to modification after 5 years in order to reflect any applicable changes in statutes, rule or policies of the Board or its designated agent. SPGP REVIEW - AUTHORIZATION GRANTED Your project has been reviewed for compliance with a State Programmatic General Permit (SPGP). Your proposed activity as outlined on the attached drawings is in compliance with the SPGP program. U.S. Army Corps of Engineers (Corps) Specific conditions apply to your project, attached. No further permitting for this activity is required by the Corps. The authority granted under this SPGP expires December 17, 2003. Your project must be completed prior to this expiration date. authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. Although the construction period for works authorized by Department of the Army permits is finite the permit itself, with its limitations. does not expire. To validate the transfer of this permit and the associated responsibilities associated with compliance with its terms and conditions, the attached transfer of permit request must be completed and submitted to the Department at the time of transfer of ownership. Authority for review - an agreement with the U.S. Army Corps of Engineers entitled "Coordination Agreement Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection State Programmatic General Permit, Section 10 of the Rivers and Harbor Act of 1899 and Section 404 of the Clean Water Act. NOTICE OF RIGHTS OF SUBSTANTIALLY AFFECTED PERSONS Be advised that your neighbors and other parties who may be substantially affected by the proposed activity is allowed under this determination of exemption have a right to request an administrative hearing on the Department's decision that the proposed activity qualifies for this exemption. If an administrative hearing is timely requested by a substantially affected person, the finding that the proposed activity qualifies for this exemption must be reconsidered, and it is possible that the hearing could result in a determination that the proposed activity does not qualify for the exemption. Under Rule 28-106.111, F.A.C., a request for such an administrative hearing must be filed with the Department's Clerk in the Office of General Counsel within 21 days of either: (a) publication of notice in a newspaper of general circulation in the county where the activity is to take place; or (b) the substantially affected person's receipt of written notice which includes the information contained in Attachment (A). Robert Anglin File No.: 56-0149863-001/002 ---Pages --- The Department will not publish notice of this determination. Publication of this notice by you is optional and not required for yorr to proceed. However, in the event that an administrative hearing is held and the, Department's determination is reversed, proceeding with the proposed activity before the time period for requesting an administrative hearing has expired would mean that the activity was conducted without the required permits. If you wish to limit the time within which all substantially affected persons may request an administrative hearing you may elect to publish, at your own expense, the enclosed notice (Attachment A) one time only in the legal advertisement section of a newspaper of general circulation in the county where the activity is to take place. If you wish to limit the time within which any specific person(s) may request an administrative hearing, you may provide such person(s), by certified mail, a copy of this determination, including Attachment A.- , For the purposes of publication, a newspaper of general circulation means a newspaper meeting the requirements of Sections 50.011 and 50.031, F.S. In the event you do publish this notice, within seven days of publication, you must provide to the following address a certification or affidavit of publication issued by the newspaper. If you provide direct written notice to any person as noted above, you must provide to the following address a copy of the direct written notice. Florida Department of Environmental Protection Southeast District - Port St. Lucie Branch Office Submerged Lands & Environmental Resources Program 1801 SE Hillmoor Drive Suite C-204, Port St. Lucie, FL 34952 Thank you for applying to the Submerged Lands and Environmental Resource Program. If you have questions regarding this matter, please contact Bruce Jerner of this office, at telephone (561) 871-7662. Sincerely, 6( Melissa—L. Meeker Environmental Administrator MLM\BJ Enclosures: General Consent Conditions Federal Manatee Conditions Federal General Conditions for SPGP III- Rl and Transfer Request Attachment A- Notice of Determination of Qualification for Exemption Attachment D- General Single -Family Dock Information cc: U.S. Army Corps of Engineers, Stuart [without enclosures] Robert Sandy (Agent) [without enclosures] y.✓f . 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