HomeMy WebLinkAboutSUBMITTED PAPERSIAL
ALL APPLICABLE INFO MUST BE COMPLETED FOR APPLICATION To BE ACCEPTED
Date: SCANNED Permit Number.
BY RECEIVED
y St. Lucie County
Building Permit Application AUG 17 2015
Planning and Development Services
Building and Code Regulation Division PERMITTING
2300 Virginia Avenue, Fort Pierce FL34982 St. Lucip County, FL
Phone: (772) 462-1553 Fax: (772) 462-1578 Commercial Residential X
PERMIT APPLICATION FOR: To Select from dropbox, click arrow at the end of line '1-.)6Ck SEHW
PROPOSED IMPROVEMENT LOCATION: �I
Address:
Legal Description:
W
PropertyTax lD»: .5ff I") — 53D —001 A —000 —3 LotNo.�_
Site Plan Name: R IV E12 1- A-g-lc Block No. s011-
Project Name: MILLED i_,,.,ocX REPI A-C[ Mdegf-
Setbacks Front Back: Right Side: Left Side:
DETAILED DESCRIPTION OF WORK:
12rTk
CONSTRUCTION, INFORMATION: III
I Gas Tank
0 Plumbing
Piping UShutters ❑Windows/Doors
nklers 1:1 Generator E Roof
Total Sq. Ft of Construction: S Ft. of First Floor:
Cost of Construction: $ 4r1.9(7 , OD Utilities:Sewer ElSeptic Building Height:
OWNERAESSEE:
CONTRACTOR:
Name KEI-rFF MIL.LEe
Name: k0%err 0,1111alis
Address:41PA SE iV#A dU & ME
Company: l.)'ho CDY1411Lt1C'TIUN
T-401
City: -PO e`r S! L OC I E Stater
Zip Code: .340I B3 Fax:
Phone No. f58$ 3 14 - a-1101
Address: 467S It) OS 1
City: E-I' 401 UC.IL
Zip Code: 349 4b
Phone No. 717•- 410
State:_&_
Faxk-17a) 4 bD - loolael
-t!ogaQ
E-Mail: PIyEIRUle1.jl*"cgE o-�10D.COYV\,
Fill in fee simple Title Holder on next page ( if different
from the Owner listed above)
E-Mail: (A)I L QJ lQC _
L' R aL sourI-F ' NC'i
State or County License:
0�911!5
If value of construction is $2500 or more, a RECORDED Notice of Commencement is required.
,4
LIEN LAW INFORMATION:
SUPPLEMENTAL CONSTRU
Name:
City:
Zip:_
FEE SIMPLE TITLE HOLDER:
Name:
Address:
City:
Zip: Phone: _
kirR
Not Applicable
MORTGAGE COMPANY: _ Not Applicable
Name:
Address:
City: State:
Zip: Phone:
BONDING COMPANY:
Name:
Address:
Zip: Phone:
I certify that no work or installation has commenced prior to the issuance of a permit
_Not Applicable
St. Lucie County makes no representation that is granting a permit will authorize the permit holder to build the subject structure
which is in conflict with any applicable Home Owners Association rules, bylaws or and covenants that may restrict or prohibit such
structure. Please consult with your Home Owners Association and review your deed for any restrictions which may apply.
In consideration of the granting of this requested permit, I do hereby agree that I will, in all respects, perform the work
in accordance with the approved plans, the Florida Building Codes and St. Lucie County Amendments.
The following building permit applications are exempt from undergoing a full concurrency review: room additions,
accessory structures, swimming pools, fences, walls, signs, screen rooms and accessory uses to another non-residential use
WARNING TO OWNER: Your failure to Record a Notice of Commencement may result in your paying twice for
improvements to your property. A Notice of Commencement must be recorded and posted on the jobsite
before the first inspection. If you intend to obtain financing, consult with lender or an attorney before
------------- s
asigrl�ure of Owner essee/Agent Signature of actor/License Holder
STATE OF FLORI )A STATE OF FLORIDqq
COUNTY OF S } (�+[ 0 4 . COUNTY OF S+ L,(.CR.ti
The fo Q)Jng instru� e�n,t! w'a,s a knowledged b ore me The f rgoing instru een�t�wa�sacknowledged before me
this 7-41ay of V 20 �by this T day of 20 L by
IleaW rnIile4'- W(.Wil a"�J
(Name of person acknowledging) (Name of person acknowledging)
Dlu:u
(Signature of Notary- State of Florida )
Personally Known IL OR Produced Identification
Type of Identification Produced
Commission No.
/FF077529
Bmhd7luulblary
Revised 07/15/2014
(Sig Notary Public-SLate of Florida )
Personally Known l-1/ OR Produced Identification
Type of Identification o5; d•, d -- . ----
Commission
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I5o8-0136
2017.
REVIEWS
FRONT
ZONING
SUPERVISOR
PLANS
VEGETATION
SEATURTLE
MANGROVE
COUNTER
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REVIEW
REVIEW
REVIEW
REVIEW
REVIEW
DATE
Q
f Its
COMPLETE
V
INITIALS
$UPPLMENTAL;GONSTRUCTION'LIEN LAll1l:INFORMATION
=.._
DESIGNEVENGINEER: Not Applicable
Name: 1t.1.0 it-d pP• fer-�
MORTGAGE COMPANY:
Name:
_ Not Applicable
Address: 1k4 V•hrrwn V-&
Address:
City: Fbc- Pleem State: R
Zip:2?�Jq4- _Phone:
City:
Zip: Phone:
State:
FEE SIMPLE TITLEHOLDER: _ Not Applicable
Name:
BONDING COMPANY:
Name:
_Not Applicable
Address:
Address:
City:
City:
Zip: Phone:
Zip: Phone:
I certify that no work or installation has commenced prior to the issuance of a permit.
St. Lucie CountNy makes no representation that is granting a permit will authorize the permit holder to build the subject structure
which is in conflict with any applicable Home Owners Association rules, bylaws or and covenants that may restrict or prohibit such
structure. Please consult with your Home Owners Association and review your deed for any restrictions which may apply.
In consideration of the granting of this requested permit, I do hereby agree that I will, in all respects, perform the work
in accordance with the approved plans, the Florida Building Codes and St. Lucie County Amendments.
The following building permit applications are exempt from undergoing a full concurrency review: room additions,
accessory structures, swimming pools, fences, walls, signs, screen rooms and accessory uses to another non-residential use
WARNING TO OWNER: Your failure to Record a Notice of Commencement may result in your paying twice for
improvements to your property. A Notice of Commencement must be recorded and posted on the jobsite
before the first inspection. If you intend to obtain financing, consult with lender or an attorney before
commencine work or recordine vour Notice of Commencement.
s
ure of OwnZee/Agent Signature of actor/�cense Holder
STATE OF FLORISTATE OF FLORIDA
COUNTY OF S � (I!2 COUNTY OF
The fo o'ng instru ent was a knowI dged b fore me The f rgoing instru ent was acknowledged before me
this of y[ 20 by this day of- J 20 L by
k-eiw rn1!Lian-f�
(Name of person acknowledging) (Name of person acknowledging)
(Signature of Notary Public- State of Florida )
Personally Known // OR Produced Identification
Type of Identification Produced
Commission No.
BmdWTW
Revised 07/15/2014
(Signature of Notary
State of Florida)
Personally Known OR Produced Identification
Type of Identificationo.,�e
Commission No. I,Iy pOMAyfi6101ftt trurrsza -
! c�,;�;; ±$i EXPIRES: r17, 2017.
�`A:s.•}'i°,.v BondedTlw WWrYPobfwUnd8MhM
REVIEWS
FRONT
ZONING
SUPERVISOR
PLANS
VEGETATION
SEATURTLE
MANGROVE
COUNTER
REVIEW
REVIEW
REVIEW
REVIEW
REVI W
W
DATE
AR�EVI
COMPLETE
INITIA
AUG 17 2015
GWRONMENTRL
A 691611,11"s
August 10, 2015
Florida Department of
Environmental Protection
SOUTHEAST DISTRICT OFFICE
3301 GUN CLUB ROAD, MSC 7210-1
WEST PALM BEACH, FL 33406
561-681-6600
ST. LUCiE Cps i?��nMSION
�K'E
RED FOR COS 9'
DATE'd'ED BY \tedaa sfic J Q
PINSANDPER,1 MUST BEK�
Keith Miller OR NO INSPECTION 1VII,L BE MADEONJ
442 SE Naranja Avenue
Port St. Lucie, FL 34983
Sent via a -mail Bruce Jemer: iemer(&bellsouth.net
Rick Scott
Govemor
Carlos Lopez-Cantera
Lt. Govemor
Jonathan P. Steverson
Interim Secretary
MIN. "sEfBACK REQ.
FRONT
ADES
Ct1R SID
Re: File No.: 56-0250596-002 �ZNG.
File Name: Miller, Keith TECH
Dear Keith Miller:
THESE PLANS AND ALL PROPOSED WORK
ARESUBjECrTOANY CORRECiI
On July 15, 2015, we received2015, the application was
complete for an exemption to p�' E ove existing remnant dock
and (2) install a 5 foot by 34 foo(Q��11� �t?'s located in a canal adjacent
to the North Fork St. Lucie Aquatic Preserve, Class to 442 SENaranjaAvenue,
Port St. Lucie (Section 27, Township 36 South, Range 40 East), in St. Lucie County (Latitude N
27' 19' 16.51", Longitude W 80° 19' 58.34").
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 qualifies for all three. However, this letter does not relieve you from the
responsibility of obtaining other federal, state, or local authorizations that may be required for the
activity.
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)(b), 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,
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
www.dep.state.H.us
CONCEALED FASTENERS OR ATTACHMENTS FILE COPY
ARE THE RESPONSIBIL Y OF THE
CONTRACTOR OF RECORD
File No.: 56-0250596-002
FileNamv Miller, Keith
Page 2 of 6
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.
The activity appears to be located on sovereign submerged lands owned by the Board of Trustees.
The activity is not exempt from the need to obtain the applicable proprietary authorization. As
staff to the Board of Trustees, the Department has reviewed the activity described above, and has
determined that the activity qualifies for a Letter of Consent under rule 18-21.005(1)(c), F.A.C.
and section 253.77 of the Florida Statutes to construct and use the activity on the specified
sovereign submerged lands, as long as the work performed is located within the boundaries as
described herein and is consistent with the terms and conditions herein. No further application is
required for this consent of use.
During the term of this Letter of Consent you shall maintain satisfactory evidence of sufficient
upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code. If such
interest is terminated or the Board of Trustees determines that such interest did not exist on the
date of issuance of this Letter of Consent, this Letter of Consent may be terminated by the Board
of Trustees at its sole option. If the Board of Trustees terminates this Letter of Consent, you agree
not to assert a claim or defense against the Board of Trustees arising out of this Letter of Consent.
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.
FILE COPY
File No.: 56-0250596-002
Fil6 Name`. Miller, Keith
Page 3' of 6
(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.
(t) Structures or activities shall not unreasonably interfere with riparian rights. When a court of
competent jurisdiction determines that riparian rights have been unlawvfully affected, the structure
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 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)(t), F.A.C., or any other applicable law.
3. Federal Review — SPGP APPROVED
operated, and maintained solely for water
activities authorized under paragraph 18-
Your proposed activity as outlined on your application and attached drawings qualifies for Federal
authorization pursuant to the State Programmatic General Permit IV-Rl, and a SEPARATE
permit or authorization will not be required from the Corps. Please note that the Federal
authorization expires on July 25, 2016. You, as permittee, are required to adhere to all General
Conditions and Special Conditions that may apply to your project." A copy of the SPGP IV-Rl
with all terms and conditions and the General Conditions may be found at
http://www.sai.usace.gM.mil/Divisions/Re atoD/soureebook.htm.
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.
I►C�Ti 11[yTi7�:iCel: Y�19
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
Departments final action may be different from the position taken by it in this notice.
FILE COPY.
File No.: 56-0250596-002
File Name: Miller, Keith
Page 4 of 6
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:
(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 wan -ant 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 Commohwealth 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 ofthe notice or within 21 days of receipt
of the written notice, whichever occurs first. Under Section 120.606), 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 apetition for an administrative
hearing. The Department may, for good cause shown, grant the request for an extension of time.
File No.: 56-0250596-002
File Name: Miller, Keith
Page 5 of 6
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.
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 allotice 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 ofthe 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 David Smith at the letterhead address
or at (561) 681-6641 or by email at David. Smithader).state.fl.us
Executed in Palm Beach County, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
Nson Andreotta
Permitting Administrator
Southeast District
Enclosures:
Attachment A- Specific Exemption Rule
Attachment B- Newspaper Publication
General Conditions for use of the Federal SPGP, 5 pages
Project Drawings, 4 pages
FILE COPY
File No.: 56-0250596-002
Filar Namd: Miller, Keith
Page 6 of 6
Copies furnished to:
David Smith, FDEP/SED/ERP/Permitting, David.Smithadeo.state.fl.us
USACOE- Palm Beach Gardens, FDEP-SP(usace.army.mil
Bruce Jerner, Jemer & Associates, Inc., jemer(@bellsouth.net
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this determination,
including all copies, was mailed before the close of business on August 10, 2015 . 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.
8/10/2015
Clerk Date
Oculus: ERP/Permitting Authorization/ERP_250596/Permit FinallERP Exemption EE/002
FILE COPY
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 —
(b) Installation of private docks, piers, and recreational docking facilities, and installation of local
governmental piers and recreational docking facilities, in accordance lvith Section 403.813(1)(b), F.S.
This includes associated structures such as boat shelters, boat lifts, arld roofs, provided:
1. The cumulative square footage of all structures located over wetlands and other surface waters
does not exceed the limitations in Section 403.813(1)(b), F.S.;
2. No structure is enclosed on more than three sides with walls and doors;
3. Structures are not used for residential habitation or commercial purposes, or storage of materials
other than those associated with water dependent recreational use; and
4. Any dock and associated structure shall be the sole dock as measured along the shoreline for a
minimum distance of 65 feet, unless the parcel of land or individual lot as platted is less than 65 feet
in length along the shoreline, in which case there may be one exempt dock allowed per parcel or lot.
FILE COPY
Attachment B
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF DETERMINATION OF EXEMPTION
File -No.: 56-0250596-002
The Department of Environmental Protection gives notice that the projects to remove existing remnant dock and install a 5
foot by 34 foot (170 Rz) marginal dock has been determined to be exempt from requirements to obtain an Environmental Resource
Permit The project is located in a canal adjacent to the North Fork St. Lucie Aquatic Preserve, Class III Waters, adjacent to 442 SE Naranja
Avenue, Port St Lucie (Section 27, Township 36 South, Range 40 East), in St Lucie County (Latitude N 270 19' 16.51", Longitude W 800
19' 58.34").
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 fast Under rifle 62-110.106(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 oftime. 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 motionlby 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 ofthe 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 name, address, and telephone number of the petitioner, the time, addressJand 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 thereare 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 rules 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 li l 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 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.
GENERAL CONDITIONS FOR FEDERAL AUTHORIZATION FOR SPGP IV-Rl
1. The time limit for completing the work authorized ends on July 25, 2016
2. You must maintain the activity authorized by this permit in good condition and in conformance
with the terns and conditions of this permit. You are not relieved of this requirement if you abandon
the permitted activity, although you may make a good faith transfeYto a third party in compliance
with General Condition 4 below. Should you wish to cease to maintain the authorized activity or
should you desire to abandon it without a good faith transfer, you must obtain,a modification of this
permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the
activity authorized by this permit, you must immediately notify this office of what you have found.
We will initiate the Federal and State coordination required to determine if the remains warrant a
recovery effort or if the site is eligible for listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature and mailing
address of the new owner in the space provided below and forward a copy of the permit to this office
to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with
the conditions specified in the certification as special conditions to this permit:
6. You must allow representatives from this office to inspect the authorized activity at any time
deemed necessary to ensure that it is being or has been accomplished in accordance with the terms
and conditions of your permit.
Further Information:
1. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State, or local authorizations
required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal projects.
2. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any
liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted
activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf of the United States in the public interest.
FILE COPY
c. Damages to persons, property, or to other permitted or unpermitted'activities or structures
caused by the activity authorized by this permit.
d. Design or Construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this
permit.
3. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not
contrary to the public interest was made in reliance on the information you provided.
4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time
the circumstances warrant. Circumstances that could require a reevaluation include, but are not
limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been
false, incomplete, or inaccurate (see 3 above).
c. Significant new information surfaces which this office did not consider in reaching the
original public interest decision.
5. Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such
as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for
the issuance of an administrative order requiring you comply with the terms and conditions of your
permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office
may in certain situations (such as those specified in 33 CER 209.1,70) accomplish the corrective
measures by contract or otherwise and bill you for the cost.
6. When the structures or work 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. To validate the transfer of this permit and the associated liabilities associated with
compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE -SIGNATURE) (DATE)
(NAME -PRINTED)
(ADDRESS)
STANDARD MANATEE CONDITIONS FOR IN -WATER WORK
2011
The perrnittee shall comply with the following conditions intended to; protect manatees from direct
project effects:
a. All personnel associated with the project shall be instructed about the presence of
manatees and manatee speed zones, and the need to avoid collisions with and injury to
manatees. The pennittee shall advise all construction personnel that there are civil and
criminal penalties for harming, harassing, or killing manatees which'iare protected under
the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee
Sanctuary Act.
b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake"
at all times while in the immediate area and while in water where the draft of the vessel
provides less than a four -foot clearance from the bottom. All vessels will follow routes of
deep water whenever possible.
c. Siltation or turbidity barriers shall be made of material in which manatees cannot become
entangled, shall be properly secured, and shall be regular' monitored to avoid manatee
entanglement or entrapment. Barriers must not impede ma�rlatee movement.
d. All on -site project personnel are responsible for observing water -related activities for the
presence of manatee(s). All in -water operations, including vessels, must be shutdown if a
manatee(s) comes within 50 feet of the operation. Activities will not resume until the
manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30
minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation.
Animals must not be herded away or harassed into leaving.
e. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline
at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and
Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-
562-3909) for south Florida, and to FWC at ImpediedSpecies@myFWC.com
f. Temporary signs concerning manatees shall be posted prior to and during all in -water
project activities. All signs are to be removed by the pemiittee upon completion of the
project. Temporary signs that have already been approved for this use by the Florida Fish
and Wildlife Conservation Commission (FWC) must be usedi(see MyMC.com/manatee).
One sign which reads Caution: Boaters must be posted. A second sign measuring at least
81/2" by 11" explaining the requirements for "Idle Speed/Nq Wake" and the shut down of
in -water operations must be posted in a location prominently visible to all personnel
engaged in water -related activities. Questions concerning these signs can be sent to the
email address listed above.
FILE COPY
CAUTION. MANATEE HABITAT
A
. 11 proj"t vewsets
IDLE SPEED / MO WA K
When a manatee is, wititin 5.0 feetofw-oTti-vo
all thi-motof adtiv 'sMulm
SHUT DOWN,
FILE COFY
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
263 13th Avenue South
St. Petersburg, FL 33701
SEA TURTLE AND SMALLTOOTH SAWFISH
The permittee shall comply with the following protected species construction conditions:
a. The permittee shall instruct all personnel associated with the project of the potential presence of
these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All
construction personnel are responsible for observing water -related activities for the presence of
these species.
b. The permittee shall advise all construction personnel that there are civil and criminal penalties for
harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the
Endangered Species Act of 1973.
c. Siltatior_ barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot
become entangled, be properly secured, and be regularly monitored to avoid protected species
entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated
critical habitat without prior agreement from the National Marine Fisheries Service's Protected
Resources Division, St. Petersburg, Florida.
d. All vessels associated with the construction project shall operate at "no wake/idle" speeds at all
times while in the construction area and while in water depths where the draft ofthe vessel provides
less than a four -foot clearance from the bottom. All vessels will preferentially follow deep -water
routes (e.g., marked channels) whenever possible.
e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily
construction/dredging operation or vessel movement, all appropriate precautions shall be
implemented to ensure its protection. These precautions shall include cessation of operation of arty
moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any
mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is
seen within a 50-ft radius of the equipment. Activities may not resume until the protected species
has departed the project area of its own volition.
f Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately
to the National Marine Fisheries Service's Protected Resources bivision (727-824-5312) and the
local authorized sea turtle stranding/rescue organization.
g. Any special construction conditions, required of your specific. project, outside these general
conditions, if applicable, will be addressed in the primary consultation.
Revised: March 23, 2006
O:\forms\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc
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