HomeMy WebLinkAboutFL DEPT OF E.P.k I
Florida Department of
Environmental Protection
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Southeast District Office
3301 Gun Club Road, MSC 7210-1
West Palm Beach, Florida 33406
561-681-6600
Venture Out at Indian River Inc.
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10701 S Ocean Drive
Jensen Beach, FL 34957
Sent via e-mail to designated agent: linenvironAgmail.com
Re: File'No.: 56-0351581-001-EE
File Name: Venture Out at Indian River
Dear Venture Out at Indian River Inc.:
Rick Scott
Governor
Carlos Lopez-Cantera
Lt. Governor
Ryan E. Matthews
Interim Secretary
17e)Q-00(z —
ST. LljClr_ COFIT�
B1L7LPLNC
REVIEWED FOR C
L 'CE
MVIENVED BY
�CEO_N
DATE �
PLANS; AAND -PER
T IN�ETST BE K PT . JOB
�N
OR NO INSPECT10N WILL BE MADE.
THESE PLANS AND ALL PROPOSED WORK
ARE SUBJECT To ANY CORRECTIONS
REQUIRED BY FIELD INSPECTORS THAT
MAY BE NECESSARY IN ORDER TO
COMPLY Y41TH ALL APPLICA13LE CODES.
On February 20, 2017, we received your application for an exemption to install an upland retaining
wall. The project is located landward of the Indian River, adjacent to 10701 S Ocean Drive, Jensen
Beach (Section 11, Township 37 South, Range 41 East), in St. Lucie County (Latitude N 27' 16'
22.3980", Longitude W 80' 12' 34.08"). 1 . CONCEALED FASTENERS OR ATTACHMENTS
Your request has been reviewed to determine whether it meets the requirAMWE Kh"1910#0PHE
kinds of authorization that may be necessary for work in wetlands or waters rANTRACTOq0A kf&ft
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.
1. Regulatory Review. — NOT REQUIRED
Based on the information you submitted, we have determined that your project is not within the
jurisdiction of the Department, pursuant to Chapter 373, Florida Statutes (F.S.), because all of the
construction will take place on uplands. Therefore, no further authorization is required.
Any modifications to your plans should be submitted for review, as changes may result in permits
being required. No temporary dredging or filling, slope grading or equipment access is allowed in
jurisdictional waters during project construction. The Department's jurisdiction may extend above
mean high water where listed wetland species occur as defined in Rule 62-340, Florida
Mministrative Code.
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 a
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the activity may still be conducted without further notification to or ve the
File No.: 56-0351581-001-EE
File Name: Venture Out at Indian River
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.
2. Proprietary Review. —NOT REQUIRED
The activity does not appear to be location 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 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 FDEP6ffice, contact the Corps at
the Palm Beach Gardens Regulatory Field Office at (561) 472-3508, 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 "CoordinatiQn 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
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 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.
% ft
File No.: 56-0351581-001-EE
File Name: Venture Out at Indian River
Page 3 of 5
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;
(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
File No.: 56-0351581 -001 -EE
File Narne: Venture Out at Indian River
Page 4 of 5
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.
Mediation
Mediation is not available in this proceeding.
FLAWAC Review
'Me applicant, or any party within the meaning of Section 373.114(l)(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(l) 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 pursuatitto 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 the letterhead
address or at (561) 681-6609 or by email at Danielle. Sattelberger@dep. state.fl.us.
Executed in Palm Beach County, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Monica Sovacool
Environmental Manager
Southeast District
File No.: 56-0351581-001-EE
File Name: Venture Out at Indian River
Page 5 of 5
Enclosures:
Attachment A- Specific Exemption Rule
Attachment B- Newspaper Publication
Project Drawings, 4 pages
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
USACOE- Palm Beach Gardens, Application-SP@usace.anny.mil
Linda Petz, Linda Petz Environmental Consulting, LLC, linenvironagmail.com
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.
February 28, 2017
Clerk Date
Attachment A File No.: 56-0351581-001-EE
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF DETERMINATION OF EXEMPTION
The Department of Environmental protection gives notice that the projects to install an upland retaining wall has been
determined to be exempt from requirements to obtain an Environmental Resource Pennit. The project is located landward of the
Indian River, adjaceritto 10701 S Ocean Drive, Jensen Beach (Section 11, Township 37 South, Range 41 East), in St. Lucie County
(Latitude N 27- 16' 22.3980", Longitude W 800 12' 34.08').
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 rule 28-106.205 of the
Florida Administrative Code.
In accordance with rule 62-110.106(3), F.A.C., petitions for an administrative hearing must be filed within 21 days of
publication of the notice or receipt of written notice, whichever occurs first Under rule 62-110.106(4) ofthe FloridaAdministrative
Code, a person whose substantial interests am 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 name 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 time, 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 bow the petitioner's substantial interests are orivill 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;
(c) A concise statement ofthe 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 riot dispute the material facts on which the DepartmenVs 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 rule 28-106.301.
Under sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing shall be dismissed 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 am available for public inspection during
normal business hours, 8:00 am. to 5:00 p.m., Monday through Friday, at the Southeast District office, 3301 Gan Club Road, MSC
7210-1, West Palm Beach, FL 33406.
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Venture Out at Indian River, Inc.
10701 S. Ocean Dr.
Jensen Beach, FL 34957
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Venture Out at Indian River, Inc.
10701 S. Ocean Dr.
Jensen Beach, FL 34957
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Permit Number
56-0351581-001-EE
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SPECIFIC PURPOSE SURVEY
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TFUS SPECIFIC PURPOSE SURVEY IS BOND PERFORMED FOR THE
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PURPOSE OF LOCATING DOMING IMPROVEMENTS AND SPOT
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ACCURIGHT LAND SURVEYING, INC.
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EARLE R. STARKEY - PROFESSIONAL LAND SURVEYOR
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SURVEY NOT VAUD WTHOUT THE SIGNATURE AND ORIGINAL
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M. . M A FLORIDA LICENSED LAND SURVEYOR AND MAPPER
NOTE:
1. Concrete to have a min. Compressive Strength of
6000 psi @ 28 days.
2. Install retaining per survey in upland area.
3. SG 425,8'vinyl sheet piling w/ min.
50% solidifirm ground penetration. #3
@2'
fierod ends w1backing
plates/nuts
for tensioning
U. (typ. 12)
Venture Out at Indidan River Inc. 61. HDG tie rod
10701 S. Ocean Dr. (a'+/- OC)
Jansen Beach, FL 34957 1
View / '�5 ea. Reber #5
Min. 50% $olid Pene.
/�min. 3"
concrete View
coverage PCs.
overrebar 8 #5 rebar
rebar ties
@2'OC
14
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#115 Bar
4"xl8"+/- Concrete
Cap Cont.
CM1
Shoreguard
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8'Long
4 pcs. Ties
2'OC
Cross Yenture Out at Indian River Inc.
Section jProposed Retaining Wall
The work specified herein
has been designed and all
work shall be in accordance
with the 2014 Florida
Building Code (5th Ed.,
First Printing March 2015).
All codes reference herein
are per the latest adopted
edition.
Wilco Construction, Inc.
(772)460-6928; Fax (772)460-6929
Date: 11/25
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56-0351581-001. !
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Southeast District
MAP
Venture Out at Indian River, Inc.
10701 S. Ocean Dr.
Jensen Beach, FL 34957
Note: Please see enlarged attached map for lot location.
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