HomeMy WebLinkAboutFL DEPT OF EPFLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
SOUTHEAST DISTRICT OFFICE
3301 GUN CLUB ROAD, MSC 7210-1
WEST PALM BEACH, FL 33406
(561)681-6600
April 24, 2015
St. Lucie County Parks and Recreation
c/o Mark DiMascio
2300 Virginia Ave
Fort Pierce, FL 34982
Sent via e-mail: dimsciom@stlucieco.org
Re: File No.: 56-0331901-001
File Name: St. Lucie County Parks; Pepper Park
Dear Mr. DiMascio:
RICK SCOTT
GOVERNOR
CARLOS LOPEZ-CANTERA
LT. GOVERNOR
JONATHAN P. STEVERSON
SECRETARY
SCHNNEU
BY
St. Lucie Countv
On January 16, 2015, we received your application, and on March 30, 2015, the application was
complete for an exemption to replace eight (8) existing public boardwalks, docks and canoe
launching structures within the same footprint and with the same configuration as the existing
structures. The project is located in Wildcat Cove, Class III Waters, within Pepper Park, located
at 3375 N. Highway AIA, Fort Pierce (Section 26, Township 34 South, Range 40 East), in St.
Lucie County (Latitude N 27' 29' 46.96", Longitude W 80' 18' 5.42").
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 may be 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)(d), 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,
www.dep.statefl.us
File No.: 56-0331901-001
File Name: St. Lucie County, Pepper Park
Page 2 of 6
the activity may still be conducted without further notification to or verification from the
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 —GRANTED
The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund
(Board of Trustees) and issues certain authorizations for the use of sovereign submerged lands.
The Department has the authority to review activities on sovereign submerged lands under chapters
253 and 258 of the Florida Statutes, and chapters 18-18, 18-20 and 18-21 of the Florida
Administrative Code.
Your project will occur on sovereignty, submerged land and will 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 they are located within the described
boundaries of Sovereignty Submerged Lands Lease No. 561411748 and is consistent the attached
general consent conditions, no further authorization from the Board of Trustees is required.
General Conditions for State -Owned Submerged Land 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.
File No.: 56-0331901-001
File Name: St. Lucie County, Pepper Park
Page 3 of 6
(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,
dependent purposes, or for non -water dependent
21.004(1)(f), F.A.C., or any other applicable law.
3. Federal Review — SPGP NOT APPROVED
operated, and maintained solely for water
activities authorized under paragraph 18-
Your proposed activity as outlined on your notice and attached drawings does not qualify for
Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE
permit or authorization may be required from the Corps. A copy of your permit application has
been forwarded to the Corps for their review. The Corps will issue their authorization directly to
you or contact you if additional information is needed. If you have not heard from the Corps within
30 days from the date your application was received at the local FDEP Office, contact the Corps
at the Palm Beach Gardens Regulatory Field Office at (561) 472-3530, for status and further
information. Failure to obtain Corps authorization prior to construction could subject you
to federal enforcement action by that agency.
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 Hearin¢
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:
File No.: 56-0331901-001
File Name: St. Lucie County, Pepper Park
Page 4 of 6
(a) The name and address of each agency affected and each agency's file or
identification number, if known;
(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.
File No.: 56-0331901-001
File Name: St. Lucie County, Pepper Park
Page 5 of 6
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 Irene Arpayoglou at the letterhead
address or at (772) 467-5557 or by email at Irene.Arpavoelou@dep.state.fl.us
Executed in Palm Beach County, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVII2OGENT PROTECTION
4-- Nlay11e
Benny Luedike
Environmental Administrator
Submerged Lands and Environmental
Resource Program
Enclosures:
Attachment A- Specific Exemption Rule
Attachment B- Newspaper Publication
Project Drawings, 14 pages
Copies furnished to:
Richard Ohnmacht, FDEP-Compliance and Enforcement, Richard.Ohnmacht@dep.state.fl.us
USACOE- Palm Beach Gardens, FDEP-SP@usace.army.mil
Steven Doyle, Hobe Sound Environmental Consultants; sdovle@ct-ene.com
File No.: 56-0331901-001
File Name: St. Lucie County, Pepper Park
Page 6 of 6
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby cert Pies tj1at this determination,
including all copies, was mailed before the close of business on 0 12 q J I to the above
listed persons.
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to 120.52(9),
Florida Statutes, with the designated Department
Clerk, receipt of which is hereby acknowledged.
ly@*Oaj�� DA� q I
Clerk Date
Oculas: ERP/Permitting Authorization/ERP_331901/Permit FinabERP Exemption-EF1001
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 —
(d) Replacement or repair of existing docks and piers, including mooring piles, in accordance
with Section 403.813(1)(d), F.S., provided the existing structure is still functional or has been
rendered non-functional within the last year by a discrete event, such as a storm, flood, accident,
or fire.
Attachment B
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF DETERMINATION OF EXEMPTION
File No.: 56-0331901-001
The Department of Environmental Protection gives notice that the project to replace eight (8) existing public boardwalks,
docks and canoe launching structures within the same footprint and with the same configuration as the existing structures has been
determined to be exempt from requirements to obtain an Environmental Resource Permit. The project is located in Wildcat Cove,
Class III Waters, within Pepper Park, located at 3375 N. Highway Al A, Fort Pierce (Section 26, Township 34 South, Range 40
East), in St. Lucie County (Latitude N 270 29' 46.96", Longitude W 800 18' 5AT ).
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 of the Florida Statutes. The petition must contain the information set forth
below and 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.
Mediation is not available.
If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be
affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be
permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with role 28-106.205 of the
Florida Administrative Code.
In accordance with role 62-110.106(3), F.A.C., petitions for an administrative hearing must be filed within 21 days of
publication of the notice orreceipt of written notice, whichever occurs first. Under rule 62-I10.106(4) of the Florida Administrative
Code, 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 prior to the applicable deadline. 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. Upon motion by the requesting
party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect, the
Department may also grant the requested extension of time.
The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The
failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of
that right.
A petition that disputes the material facts on which the Department's action is based must contain the following
information:
(a) The time and address of each agency affected and each agency's file or identification number, if known;
(b) The time, address, 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 the petitioner contends warrant reversal
or modification of the agency's proposed action;
(f) A statement of the specific mles or statutes that the petitioner contends require reversal or modification of the
agency's proposed action; 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.
A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts
are in dispute and otherwise shall contain the same information as set forth above, as required by role 28-106.301.
-- Under sections 120.569(2)(c) and (d) of the Florida Statutes,a-petition for administrative hearing shall bedismissed by
the agency if the petition does not substantially comply with the above requirements or is untimely filed.
Complete copies of all documents relating to this determination of exemption are available for public inspection during
normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, at the Southeast District office, 3301 Gun Club Road, MSC
7210-1, West Palm Beach, Florida 33406.
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