HomeMy WebLinkAboutSUBMITTED PAPERSOFFICE USE ONLY: / _Y (. r
DATE FILED: /o��
PLAN REVIEW FEE: - RECEIPT NO.: �— PERMIT NUMBER
CONCURRENCY FEE: RECEIPT NO.: CERT. CAP. NO.:
ALL INFO MUST BE COMPLETE & FILLED IN TO BE ACCEPTED
PLANNING & DEVELOPMENT SERVICES DEPARTMENT
BUILDING & CODE REGULATIONS DIVISION
2300 Virginia Avenue
SCANNED Ft. Pierce, FL 34982-5652
SY 772-462-1553
St- Lucie county
APPLICATION for BUILDING PERMIT —)Ua &V o C
CERTIFICATE of CAPACITY/ZONING COMPLIANCE
PROJECT INFORMATION
1. LOCATION/SITE ADDRESS:
2. PROJECT NAME: -r05-�e r SITE PLAN NAME:
3. PROPERTY TAX ID #: 450 —9d `z-) tI O — O 6 0 —9
4. LEGAL DESCRIPTION (attach extra sheets if necessary): q ] t& 1 OL&f-_ Jec-+�,a w C 1 0 t 6
5. PLAT BOOK 6. PAGE NO. 7. BLOCK NO. 8. LOT NO. l�
9. PARCEL SIZE ACRE Q FT.): b , O5 LOT DEMENSIONS:
10. COMPLETE DESCRIPTION OF CONSTRUCTION PROJECT OR WORK ACTIVITY: y1 G I
f/- sea i,ua ( ( 9 VA Vd -- o-F eY s -f'04 s� t,�•� l
11. SETBACKS (ACTUAL) FRONT: BACK:
12. TYPE OF CONSTRUCTION (Check all appropriate boxes)
NEW CONSTRUCTION
RESIDENTIAL
OTHER (SPECIFY) _
RIGHT SIDE:
LEFT SIDE:
[ ] EXPANSION/ADDITION [ ] INTERIOR RENOVATION
[ ] COMMERCIAL [ ] INDUSTRIAL
DESCRIPTION OF PROPOSED USE
�i hale �aMly -
SQ. FT OF CONSTRUCTION: A
VALUE OF CONSTRUCTION: $ I Q
15. SF. FT 1 st FLOOR VA
The value of construction is used to determine the amount of permit fees to be assessed. St. Lucie County reserves the right to question and/or modify the indicated
value of construction if it is demonstrated that the submitted figures are not consistent with similar types of construction activities. If the value is $2500 or more, a
RECORDED Notice of Commencement must be submitted with this application.
SLCCDV Form No.: 001-02
t47J;V_Y D4XMA&11r1
OWNER INFORMATION
NAME: J e i 1 pr'
ADDRESS: Ib7 ti S. fL-eAo 1JY.. 4-60 �G
CITY: � (' 1(lSein 3" A K STATE: ZIP: Wr'/'S7'
PHONE (DAYTIME):JA
�5(g(JJD Email:
IF THE FEE SIMPLE TITLEHOLDER (PROPERTY OWNER) IS DIFFERENT FROM THE OWNER LISTED ABOVE, PLEASE
FILL IN NAME AND ADDRESS BELOW.
FEE SIMPLE TITLEHOLDER:
ADDRESS:
CITY: STATE: ZIP:
PHONE (DAYTIME): U
CONTRACTOR INFORMATION
ST. o€FL REG.CERT'#: \ CV C 15-0 —N� 7 ST. LUCIE COUNTY CERT #: a-1 3 43
BUSINESS NAME: W- I C,O
QUALIFIERS NAME: [4-- W i ( (-1 a,-wt.S
ADDRESS:141J 04 GCS.
CITY: r7i. - 2 v Ce / q STATE: EC- ZIP: 7V
PHONE (DAYTIME): �rp % "/ a 8 FAX NO. �6 d (%a� % Email: �1 j �60 j `1C ® ll-o
ARCHIT/ENGINEER -TOLW W IGl Qbt I T
ADDRESS: ��SSki! 1 (T nq D k
CITY: �n �-f— �+. c u GI e
PHONE (DAYTIME): 1p ?! 6- j a O
BONDING COMPANY:
ADDRESS:
CITY:
MORTGAGE LENDER
ADDRESS:
CITY:
E
STATE: EL— ZIP:
STATE: ZIP:
STATE:
M
IMPORTANT NOTICE: When a permit is issued and it is not picked up within 60 days after notification
it will be voided and returned to you by mail.
CERTIFICATION:
This application is hereby made to obtain a permit to do the work and installations as indicated, and to obtain a certificate of capacity,
if applicable, for the permitted work. I certify that no work or installation has commenced prior to the issuance of a permit and that all
work will be performed to meet the standards of all laws regulating construction in this jurisdiction. I understand that separate permits
may be required for ELECTRICAL, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS,
AND AIR CONDITIONERS, FENCES, ETC., not otherwise included with this building permit application.
St. Lucie County makes no representation that its granting of a permit will authorize the permit holder to build the subject structure
which is in conflict with any applicable Homeowner Association rules, bylaws or any covenants that may restrict or prohibit such
structure. Please consult with your Homeowner's Association and review your deed for any restrictions which may apply.
The following building permit applications are exempt from undergoing a full concurrency review: room additions, accessory
structures (all types), swimming pools, fences, walls, signs, screen rooms, utility substations & accessory uses to another non-
residential use.
NOTICE TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
PAYING TWICE FOR EM PROVEMENTS 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 YOUR
LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF
COMMENCEMENT.
NOTICE TO APPLICANT: IF IT IS NOT YOUR RIGHT, TITLE, AND INTEREST THAT IS SUBJECT TO
ATTACHMENT: AS A CONDITION OF ISSUANCE OF THIS PERMIT, YOU PROMISE IN
GOOD FAITH TO DELIVER A COPY OF THE CONSTRUCTION LIEN LAW NOTICE TO
THE PERSON WHOSE PROPERTY IS SUBJECT TO ATTACHMENT.
per' —4 In C)
W in O
C, ,(,a 00 C,!
, p:
OWNER OR CONTRACTOR SIGNATURE w"
44 w a;
STATE OF FLORIDA c •o
COUNTY OF,/,(� i e "
The foregoing instrument was acknowledged before 15 a
me this day ofV)_20�
by . 1�J ► l L� ��
C 0 CTOR SIGNATURE
STATE OF FLORIDA
COUNTY OF LG.0 i G
The foregoing instrument was acknowledged before
me this. day
1of 1 �~ 20
by l,(J 11( l
who is personally known or has produced e r, in who is personally known or has produced
o�. n o
Oo CN O
as identificatio f t w . ; as identification.
,f=. F2f a; Oil
yt 9=1
Si re of otary H �t� . Si a re of Notary
o
Commission No. (Seal) .� a Commission No. (Seal)
�. ,."'g..
o
NOTE: TWO (2) SIGNATURES ARE REQiTIR D."'KAI SIGNATURE MUST BE NOTARIZED. IF APPLYING FOR
THIS BUILDING PERMIT AS AN OWNER/BUILDER, THE OWNER MUST PERSONALLY APPEAR TO SIGN
THIS APPLICATION IN THE OFFICE LISTED ON THE FRONT OF THIS APPLICATION.
OWNER BUILDER AFFIDAVIT WILL BE REQUIRED FOR ALL OWNER/BUILDER APPLICANTS.
For specific instructions see appropriate permit checklist.
OFFICE USE ONLY BP #: /an. d /!
SECTION
I
TOWNSHIP
3-1
RANGE
4-1
MAP NO.
ZONING
u�
LAND USE
A '
LOT CVG %
TAZ NO.
FLOOD ZONE
FIRM MAP #
13T FLR ELV
CONST TYPE
OCCUP TYPE
Z_ OCCUP
# OF FLRS
WATER
S /
SPRINKLERS
STORMWATER
LOT OF REC
Before 1/1990
LOT OF REC
After 1/1990
LOT SPLIT
REQUIRED
LOT SPLIT
APPROVED
REPORT
CODE
HABITABLE
AREA
(RADON)
RADON
FEE
PERMIT
FEE
LIBRARY
IMPACT
FEE
PUBLIC BLD
IMPACT FEE
CORRECTION
BLD
IMPACT
FEE
GENERAL
PARKS
IMPACT
FEE
SCHOOL
IMPACT
FEE
ClAb
ACT
FEE
CREDIT
Y
N
LAW ENF
IMPACT
FEE
FIRE/EMS
IMPACT
FEE
DRIVEWAY
REQUIRED
Y
N
DRIVEWAY
FEE
ADMINISTRATIVE
VARIANCE FEE
SPECIFY
SUBS
REQUIRED
MECHANIC ROOF
ELECTRIC GAS
PLUMBING
NON -CONFORMING
LOT OF RECORD
FEES
MISCELLANEOUS
FEES
DATE SENT TO ADDRESSING: / /
OFFICE USE ONLY BP #: 01
SECTION
TOWNSHIP
RANGE
MAP NO.
ZONING
o -D
LAND USE
LOT CVG %
TAZ NO.
FLOOD ZONE
FIRM MAP #
1ST FLR ELV
MAX HGT
CONST TYPE
OCCUP TYPE
MAX OCCUP
# OF FLRS
WATER
JFR:
SPRINKLERS
STORMWATER
LOT OF REC
LOT OF REC
LOT SPLIT
LOT SPLIT
Before 1/1990
After 1/1990
REQUIRED
APPROVED
REPORT
HABITABLE
RADON
PERMIT
CODE
AREA
FEE
FEE
(RADON)
LIBRARY
PUBLIC BLD
C BLD
PARKS
IMPACT
IMPACT FEE
IMPACT
IMPACT
FEE
CORRECTION
FEE
FEE
GENERAL
SCHOOL
ROAD
CREDIT
Y
N
LAW ENF
IMPACT
IMPACT
IMPACT
FEE
FEE
FEE
FRWEMS
DRIVEWAY
Y
N
DRIVEWAY
ADMINISTRATIVE
IMPACT
REQUIRED
FEE
VARIANCE FEE
FEE
SPECIFY
MECHANIC ROOF
NON -CONFORMING
MISCELLANEOUS
SUBS
ELECTRIC GAS
LOT OF RECORD
FEES
REQUIRED
PLUMBING
FEES
DATE SENT TO ADDRESSING:
REVIEWS
FRONT
ZONING
SUPERVISOR
PLANS
VEGETATION
SEA TURTLE
MANGROVE
COUNTER
REVIEW
REVIEW
REVIEW
REVIEW,
REVIEW
REVIEW
DATE
RECEIVED
DATE
COMPLETED
/
INITIALS
06/�5/2012 10:41AM "" 72545P -- LINDEN MARINE PAGE OW06
JOSEPH E. S119TH, RK OF THE CIRCUIT COURT - SAINj LTCIE COUNTY
FILE # S717240 Olt iSOOK n402 PAGE 26211 Recorded , %22/2-012 at 04:07
h NUICE OE -NC MM�NT
fr
Permit No. V� " b �...-.v.., Tax polio No.. g5-1 r — OQS
State of Flodda County of $t. Lucle
The undersigned hereby gives notice that Improvement will bo made to certain real property, and in accordance with Chapter 713, Florida Statutes,
the following information is provlded in this. Notice of Cmmencement,
Lea I Deudptlon gf Props:rty: (and streptaddif,.�v�Ilab-14 C Q � 0 1 S. 0 CC0.h Dr.
re
General description of Improvement: Sea,,),, I !
owner Information or lessee information If the lessee contracted for the improvement:
Name G' f(To 94Irv'
Interest In property: �u.n .Q.�t^• _ _ •try
Name and address of fee simple titleholder (if different from Owner listed above):
contractors Name: �J L I LD C 7 T Qvt TnC . _
ContractorAddr= qt§75 Ar. US, rldlrec, GL, PhonsNumber. !F—�^ Ge2'?
Surety (if oppilcabte, a copy of the payment bond Is attached): Amount cif bond; $
Name and address: „ . ^phone number
Lender Name: _
Lender's addresf;
Number:
Persons within the State of Florida desipwited by, Owner upon whom notices or other documents may be served as providad by section
713.13(1)Ia)7. Florida Statutes:
Name: Phone Number:
AdUress:. .
In addition to himself or herself, Ownerdesignates
tlenors Notice as provided In 5ectlart 715.13(1) (1)), Flortpa gtatutes,
Phony number of person or amity designdted by owner:
to recelve a copy of the
Expiration date of notice of commencement (the expiration date may not be before the Completion of congtructtpn and final paymentoo the
contractor, but will he 1 year from the date of recording unless a different date is spedficd)
WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTERT14E EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED
IMPROPER PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713 A FLORIDA VATLMS, ANDW RESULT IN YOUR PAYING TWICE FOR
IMPROVEMENTS70yOURPROPE1tTY-ANOTItE45P4!0MM1NCEMENYMusTeesIE 00EDAN&POSEDONTHEJOB SMeEWRETNtiFIRST
INSPECDON, IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENONG WORK OR
heizaDINGvOl1RN(T uOFCOMMENCEMENT,
Underpenalty, of perjury, I declare that i have read theforegoing notice of commencement and that the facts stated therein are true to the best of
my knowledge and belief.
(��Orw
eror 7see,orO.yner'sorLessee'sAuthorliedOfficer/Olrector/Partner/Manager �7�YPUBIJ TVEDp>Zo�
„% D?jche!!c Dirt
her F �mre+Bsion d/ &EZ2B551
(Signatory's Title/Office) eovbeot�o�1CC9' 3 Dg,201S
h � r LlairacnonvtNoco.Ac,
The foregoing instrumment was acknowledged before nw this_L day ot-f+f/!'? , 2oJA
BY r • `if.e.� ah W K e_Y 4 5�-
Net on Type of authority Ie.R. officer, tmsteel Party on behalf of whom instrument was executed
Personally known_ or prpducad Identlflcetlon
(Srgnature of Notary Pu 11c-State of Flodda)
(Print, Type, or Stamp Commissloned Name of NotaryPub)ic) Type of Identification produced •-- _..
"STATE OF FLO-RIDA
ST_ LUCIE COUNTY
PHIS S T RTI r H1 S
OF £
Np. ctk
ME
J U N f 1i ,!
Date- --L() /
06/19/2012 10:25AM 772545071---0, LINDEN MARINE PAGE 02/02
Jun, 13. 2012 3;09PM ��0 No.0196 P. 6
eI pr-m � - K
FOW #101 TO IM USED FOR
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t�agttiatio� !� a�atgr of the assoolaf�d�y a�ul t1w Codes � �� antl �ogulafiaus
putsinha%s b sal waits as sctJbrlh by St facie County.
�[o , at+vtt� arlhdrls by �gtting this Strett Mali halo hsnnlees �tEy of � above n�ga4tsii4ntti
Its Omam, dhotora and gotgtn IUm persumal all pertains to its and their duty and
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Property Appraiser - St.Lucie C , ity, FL
Page 1 of 1
Jerry Foster JR)
Record: 1 of 1
Property Identification
Site Address:
10701 S OCEAN DR
Secrrown/Range:
11 :37S :41 E
Map ID:
45/11G
Zoning:
HIRD
PROPERTY RECORD CARD
<<Prev Next» Spec.Assmnt Taxes Exemptions Permits Home Print
�11CIE C
ParceIID: 4511-805-0064-000-8 �� �G,y
Account* 124458 y
Land Use: Mob Homes
City/Cnty: St Lucie County '
Ownership and Mailing
Owner: Jerry Foster (TR) Judy Foster (TR)
Address: 10701 S Ocean Dr#663
Jensen Beach FL 34957-2632
Legal Description
VENTURE OUT -SECTION C- LOT 64 (OR 1213-309: 2197-2360)
Sales Information
Assessment 2011 Final
Total Land and Building
Date Price
Code
Deed
Book/Page
2011 Final:
163200
Land Value: 90000 Acres: 0.05
3/23/2005 100
01
QC
2197 / 2360
Assessed:
163200
Building Value: 73200
3/30/1999 63000
00
WD
1203 / 0309
Ag.Credit:
0
Finished Area: 880 SgFt
1 /20/1995 75000
00
WD
0940 / 2234
Exempt:
75000
2/1/1972 8600
01
CV
0200 / 0616
Taxable:
88200
Taxes:
2278.98
BUILDING INFORMATION
Aso.,
a
Exterior Features
View:
-
RoofCover:
-
RoofStruct: -
ExtType:
MHH - MHH
YearBlt:
2004
Frame: -
Grade:
PKDW - PKDW
EffYrBlt:
2004
PrimeWall: -
StoryHght:
0010 -1 Story
No.Units:
1
SecWail: -
Interior Features
BedRooms:
2
Electric:
-
PrmintWall: -
FullBath:
0
HeatType:
FHA - FrcdHotAir
AvgHt/Fl:
1/2Bath:
0
HeatFuel:
ELEC - Electric
Prm.Flors: -
%A/C:
100
%Heated:
100
%Sprinkled: 0
Special Features and Yard Items
Land Information
Type Y/S
Qty. Units Qual.
Cond. YrBlt.
No. Land Use
Type Measure Depth
1 0200-Mob Homes
164 -Site 1
THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED.
http://www.paslc.org/paslc/prc.asp?prelid=451180500640008 6/11/2012
Florida Department of
Pick Scott
Governor
Environmental Protection
Jennifer Carroll
Southeast District Office Lt Governor
400 N. Congress Avenue, Suite 200
West Palm Beach, FL 33401 Herschel T. Vinyard Jr.
561-681-6600 Secretary
June 7, 2012
Jerry Foster
10701 S. Ocean Drive, Lot 663
Jensen Beach, FL 34957
Re: File No.: 56-0311485-001
File Name: Foster, Jerry
Dear Mr. Foster:
On April 24, 2012, we received your application, and on May 14, 2012, the application
was complete for an exemption to perform the following activities: 1) replace an
existing 34-linear foot seawall with a new seawall and king piles within one foot
waterward (wetface-to-wetface) of the existing seawall; 2) remove and re -install an
existing personal watercraft lift in the previous location; and 3) install three batter piles.
The project is located in a manmade canal, Class III Waters, adjacent to 10701 S. Ocean
Drive, Lot 663, Jensen Beach (Section 11, Township 37 South, Range 41 East), in St. Lucie
County (27' 16' 2.62" North Latitude, 800 12'31.82" West Longitude).
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 (State Programmatic General Permit). The authority for review and the
outcomes of the reviews are listed below. Please read each section carefully. Your
projects may not have qualified for all three forms of authorization. If your projects 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. -VERIFIED
The Department has reviewed the submitted information and has determined that the
projects are not expected to cause the release of pollutants in sufficient quantity, quality,
content, or character with respect to the circumstances surrounding the location, use,
and operation of the project, as to contribute to pollution in contravention of the
provisions of Chapters 373 and 403, Florida Statutes (F.S.), or Ti0_e'yorida
Administrative Code (F.A.C.).
FIOLE CO
► iviv.dep.state. l.us
File Name: Foster, Jerry
FDEP File No.: 56-0311485-001
Page 2 of 5
Therefore, based solely upon the documents submitted to the Department, the project to
remove and re -install an existing personal watercraft lift in the previous location and
install three batter piles has been determined to qualify as activities that are exempt
from the need for an environmental resource permit pursuant to Chapter 373.406(6),
F.S.
Based on the information you submitted, we have determined that your project to
replace an existing 34-linear foot seawall with a new seawall and king piles within one
foot waterward (wetface-to-wetface) of the existing seawall is exempt from the need to
obtain a DEP Environmental Resource Permit under Rule 40E-4.051(4)(b),F.A.C.
This determination is applicable only pursuant to the statutes and rules in effect at the
time the information was submitted. This determination may not be valid in the event
subsequent changes occur in the applicable statutes and rules of the Department.
Pursuant to Rule 62-302, F.A.C., activities that qualify for this exemption must be
constructed and operated using appropriate best management practices and in a
manner that does not cause water quality violations.
The determination that your project qualifies as an exempt activity pursuant to Chapter
373.406(6), F.S, may be revoked if the installation is substantially modified, or if the
basis for the exemption is determined to be materially incorrect, or if the installation
results in water quality violations. Any changes made in the construction plans or
location of the projects may necessitate a permit or certification from the Department.
Therefore, you are advised to contact the Department before beginning the projects and
before beginning any work in waters or wetlands which is not specifically described in
your submittal.
2. Proprietary Review. -NOT REQUIRED
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 sovereignty
submerged lands. The Department has the authority to review your project under
Chapters 253 and 258, F.S., and 18-21, F.A.C., and Section 62-343.075, F.A.C.
Your project will not occur on sovereignty submerged land. Therefore, pursuant to
Chapter 253.77, F.S., authorization from the Board of Trustees is not required.
3. Federal Review (SPGP) -GRANTED
Federal authorization for the proposed projects is reviewed by DEP pursuant to an
agreement between the Department and the U.S. Army Corps of Engineers (Corps).
The agreement is outlined in a document titled Coordination Agreement Between t U.S.
Army Corps of Engineers and the Florida Depar " ro t e a . State
i r
I
File Name:. Foster, Jerry
FDEP File No.: 56-0311485-001
Page 3 of 5
Programmatic General Permit, Section 10 of the Rivers and Harbor Act of 1899 and Section 404
of the Clean Water Act.
Your project has been reviewed for compliance with a State Programmatic General
Permit (SPGP). As shown on the attached drawings, the proposed project is consistent
with the SPGP program. The attached Corps general conditions apply to your project.
No further permitting for this activity is required by the Corps.
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 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.
This letter does not relieve you from the responsibility of obtaining other permits
(federal, state, or local) that may be required for the projects.
NOTICE OF RIGHTS OF SUBSTANTIALLY AFFECTED PERSONS
This letter acknowledges that the proposed activity is exempt from ERP permitting
requirements under Chapter 373.406(6), F.S. and Rule 40E-4.051(4)(a), F.A.C. This
determination is final and effective on the date filed with the Clerk of the Department
unless a sufficient petition for an administrative hearing is timely filed under sections
120.569 and 120.57 of the Florida Statutes as provided below. If a sufficient petition for
an administrative hearing is timely filed, this determination automatically becomes only
proposed agency action subject to the result of the administrative review process.
Therefore, on the filing of a timely and sufficient petition, this action will of be
and effective until further order of the Department. e x r ce ores f
O'PY
hearing are set forth in the attached notice.
This determination is based on the information you provided the Department and the
statutes and rules in effect when the application was submitted and is effective only for
the specific activity proposed. This determination shall automatically expire if site
File Name: Foster, Jerry
FDEP File No.: 56-0311485-001
Page 4 of 5
conditions materially change or the governing statutes or rules are amended. 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. In any event,
this determination shall expire after one year.
Be advised that your neighbors and other parties who may be substantially affected by
the proposed activity 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. Because the administrative hearing process is
designed to redetermine final agency action on the application, the filing of a petition
for an administrative hearing may result in a final determination that the proposed
activities are not authorized under the exemption established under Chapter 373.406(6),
F.S. and Rule 40E-4.051(4)(a),F.A.C.
The Department will not publish notice of this determination. Publication of this notice
by you is optional and is not required for you 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 permit.
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) in the legal advertisement section of a newspaper of general
circulation in the county where the activity is to take place. A single publication will
suffice.
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 of the Florida Statutes. In the
event you do publish this notice, within seven days of publication, you must provide to
the following address proof of publication issued by the newspaper as provided in
section 50.051 of the Florida Statutes. 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.
File Name: Foster, Jerry
FDEP File No.: 56-0311485-001
Page 5 of 5
Florida Department of Environmental Protection
Southeast District
Submerged Lands and Environmental Resources Program
400 North Congress Avenue, Suite 200
West Palm Beach, Florida 33401
If you have any questions, please contact Irene Arpayoglou at (561) 681-6641 or by
email at Irene.Arpayoglou@dep.state.fl.us. When referring to your project, please use
the FDEP file name and number listed above.
Sincerely,
6/ 7/12_
Jill M. King Date
Environmental Manager
Submerged Lands and Environmental Resources Program
Enclosures
cc: Linda Petz Environmental Consulting, LLC; linenviron@yahoo.com
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.
/7/12
Clerk Date
Attachment A File No.: 56-0311485-001
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF DETERMINATION OF EXEMPTION
The Department of Environmental Protection gives notice that the project to replace an existing 34-linear foot seawall
with a new seawall and king piles within one foot waterward (wetface-to-wetface) of the existing seawall, remove and re-intsall
a n existing personal watercraft lift in the previous location, and install three batter piles, located in a manmade canal, Class III
Waters, adjacent to 10701 S. Ocean Drive, Lot 663, Jensen Beach (Section 11, Township 37 South, Range 41 East), in St. Lucie
County (27' 16' 2.62" North Latitude, 8(P 12' 31.82" West Longitude) has been determined to be exempt from requirements to
obtain an environmental resource permit.
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) 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 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 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 he 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 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 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 thi rati n - ex Public inspection
during normal business hours, 8:00 a.m. to 5:00 p.m., M ug ay, t the - ut " s office, 400 North
Congress Avenue, West Palm Beach, Florida.
GENERAL CONDITIONS FOR FEDERAL AUTHORIZATION FOR SPGP IV-R1
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
terms 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 transfer to 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.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by
the activity authorized by this permit. MM
d. Design or Construction deficiencies asso„ h t rCted vo Py
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 209.170) 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)
(NAME -PRINTED)
(ADDRESS)
(DATE)
4
STANDARD MANATEE CONDITIONS FOR IN -WATER WORK
2011
The permittee 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 permittee shall advise all construction personnel that there are civil and
criminal penalties for harming, harassing, or killing manatees which are 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 regularly monitored to avoid
manatee entanglement or entrapment. Barriers must not impede manatee 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
ImperiledSpecies@myFWC.com
Temporary signs concerning manatees shall be posted prior to and during all in -water
project activities. All signs are to be removed by the permittee 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 used (see
MyFWC.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/No 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.
-CAUTJO-W., MANATEE 'RAB.ITAT
All project vessel's
IDLE SPEED /NO- WAKE
When. a manatee is within- 50 feet. of work
.all in -water activitles, must
SHUT DOWN
kc,i.pbrt any collirsfonwith or, injury- to a, mcan-Otee:
Wildlife.Al c 1-888-404-FWCC(3922)
cell *.FWC or #Fwc
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 CONSTRUCTION CONDITIONS
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. Siltation 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 of the 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
any 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 Pbt:
f. Any collision with and/or injury to a s r s oo (1�s ah ortedimmediately to the National Marine Fis e i Prces D ision (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
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