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3 OFFICE USE ONLY: r 1 I DATE FILED: I f`c'-\ l —c r�JJ 1 PLAN REVIEW FEE: '- RECEIPT NO.: ERMIT 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 Ft. Pierce,772-462-15532-5652 Sc��NE® t;t Lucie County APPLICATION for BUILDING PERMIT . CERTIFICATE of CAPACITY/ZONING COMPLIANCE PROJECT INFORMATION 1. LOCATION/SITE ADDRESS: 9 Z- G � Ai<- �-Sf?�b ITV Ary 2. 'PROJECT NAME: 5EA-W R 1\ Np ASe�j1SITE PLAN NAME: 3. PROPERTY TAX ID#:- 4. LEGAL DESCRIPTION (attach extra sheets if necessary): O ftSTA'L C� e5 - l) N CT' — SOT 3 5. PLAT BOOK 6. PAGE NO. 7. BLOCK NO. 8. LOT NO. 9. PARCEL SIZE (ACRES/SQ FT.): of LOT m ENSIGNS: 10. COMPLETE DESCRIPTIO j OF CONSTRUCTION PROJECT OR WORK ACTIVITY: (*--e i1-Qr-j 177 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 13. DESCRIPTION OF PROPOSED USE: 14. SQ. FT OF CONSTRUCTION: 0o 16. VALUE OF CONSTRUCTION: $ ® 0 0 n 15. SF. FT 1st FLOOR: 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 UPDATED 6/25/09 I i OWNER INFORMATION J (� NAME: DA\s{C- � A\ i SSy N ADDRESS: �lZ� �� �c�s O� l� AnI _ CITY:STATE: _ ZIP: PHONE (DAYTIME): 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 . Z' ADDRESS: CITY: STATE: ZIP: PHONE (DAYTMIE): U CONTRACTOR INFORMATION ST. of FL REG.CERT #: BUSINESS NAME: QUALIFIERS NAM ST. LUCIE COUNTY CERT #: - _I li�sc� ADDRESS: I SW�- 5 -Q, C-khM 6410 (yE J)P CITY: -e, i STATE: - ZIP: '31-(R S Z PHONE (DAYTIME): (I -IN 49 -ZZgg FAXNO. �33'j=%Q&0 Email: V 11 rborbjy)l VA-(LAWP- ARCIRT/ENGINEER- PAUL- ADDRESS: CITY: �CrT SQ �.,C�� STATE: Y'I. ZIP: 3L49 S Z-1 PHONE (DAYTHAE): (T7')� -1a Sr 9 b,98 BONDING COMPANY: ADDRESS: CITY: MORTGAGE LENDER: ADDRESS: CITY: STATE: STATE: ZIP: ZIP: 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. OFFICE USE ONLY BP #: 1),cv SECTION TOWNSHIP �( a `1 RANGE `-'�( ,4 C) MAP NO. ( ,l 22§ `-' ZONING LAND USE LOT CVG % TAZ NO. FLOOD ZONE hp FIRM MAP # p D 1 1ST FI.R ELV MAX HGT CONST TYPE OCCUP TYPE MAX OCCUP # OF FLRS WATER SEWER 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 O LIBRARY PUBLIC BID PUBIC PARKS IMPACT IMPACT FEE CT IMPACT FEE CORRECTION FEE FEE GENERAL SCHOOL ROAD CREDIT Y N LAW ENF IMPACT ACT IMPACT FEE FEE FEE FIRE/EMS DRIVEWAY Y N DRIVEWAY ADMINISTRATIVE IMPACT REQUIRED FEE VARIANCE FEE FEE SPECIFY MECHANIC ROOF NON -CONFORMING MISCELLANEOUS SUBS ELECTRIC GA� 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 12-DATE v - RECEIVED (I42- COMPLETED COM INITIALS awl 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 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 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. SIGNATURE STATE OF FL RIDA / ` COUNTY OF (_UkJQA� The foregoing instrument was acknowledged before me this day of 20 by Z0. `who is personally known 1 or has produced Y� T ! asside*ificaiion. Signature ofiltiairy Commission No. (Seal) STATE OF-F COUNTY OF The foregoing instrument was acknowledged before me this k day of A, .20 j- by3C2ft who is personally known or has produced SIG3�e cation. ( �� PA n&01— 1A, Signature of N _ ry Commission No. (Seal) NOTE: TWO (2) SIGNATURES ARE REQUIRED. EACH 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. ':. 07/25/2012 18:22 561-333 �10 PAGE 01 FILED# 3729570ErOR49 OOK 3415E PAGE 266, Recor- dedl0 /27/2012patT12:25 1 Parrett No. ' � Tax FUND No. — * — ' o0O 6 Stott of Florida Countyof St. Lude The undersigned hertbVglw s notice that Improvement will be mach to certain Fill Property, and in accordance With Chapter 719, Florida Statutes, the following Information is ProWded in this Notice of Commencam8nt. Legal Dasvlptlon of Property: (and strM address If avaliable): da ear�tos uel,ar .1 Lav �i7t2 aClclCsorr��rw Cal,. �j t{�+Eq General dexoiptl or of Improvamant; �T—" Ownprinfort (fpn or Lou" ktfcqvmtlm N thi Lou" ombractad for the improvement: Name -. d .1 - I S&W Address et2 Q aw•eJ/aea.J W W d:*-: 'i "is interest in Property; r _._T Name and address of tee simple thleho at (if different from owner ltstad ebowe): contractor's Name: "Arbof• ContractorAddrass: ► Phone Surety (If oppllgbt4, a copy of the payment bond is attached): Amount of bond: Name and address•Phone number' _ Leader Name: Phone Number:.,. a , Lender's address; Persons Within the State of Florida designated by QWnar upon Whom hotitaf or other dotuthams may be tatvad as protridad by Sation 715.1I(1J fa)71 AD►)da St tutas: Name: _-- -- - . Phone Number. Address: In addition to himself or herself, Ownerdeagnetee of Llanoez NPVCt eS Provided in Section 7J3.13(1) (b), Florida Statutes. Phone number of person or entity daslgnated by owner: to receive a copy of the Expiration data of notice bf commencement; Itha expiration date may root be before the Completion of construction and final Payment tothe Contractor, but Mil In 1 yearfrom the date of recording unless a different data I$ specified) - WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE pF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART 1, SECTION 713.13, FLORIDA STATUTES, AND CAN RESULT IN YOUR PAYING TWICR FOR IMPROVEMENTS TO YOUR PROPERTY, A NOTICE OF OOMMtNCFMENT MUST BE RECORDED AND POSTlb ON YN@ JOB Sfrt? BEFORE THE FIRST INSPECTION, IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. Under sty r)uryfare that I have road the foregoing notice of commencement and that the facts stated therein are true to the best of my k edge n bel (SISnature ollf,,Owner r Lassge, Or Owner's or Lessee's Authorized Officer/DUector/PurtnarJManaggr ISlgnatort/a Tl4o/Dfflca) The iaFigorng In re Ent was edmowledged before me this day oil 20—IA gy a for n T rAseh arty on befialfoUliorn Instrument was executed RHONDA SIDETTT e Nolary PDblld; • Walt of Fla nally Idnowr_ pr produced Identification (S g tiro N u Sta My Oamm. Expires Dec H. 2014 (Pont, TYA or Stamp Conunlsalonod Name of of •) Dommladoa ♦ EE 313dir t Identification produco'A H U-w; I / VtjIS '? i S RT Qate- Florida Department of Environmental Protection Southeast District Office 400 N. Congress Avenue, Suite 200 West Palm Beach, FL 33401 . 561-681-6600 APR 19 2012 David Davisson 926 Jackson Way Fort Pierce, FL 34949 Re: File No.: 56-0135271-004 File Name: Davisson, David Dear Mr. Davisson: Rick Scott Governor Jennifer Carroll Lt. Governor Herschel T. Vinyard Jr. Secretary On March 23, 201Z we received your application for an exemption to replace an existing 101-linear foot seawall within one foot waterward (wet face to wet face) of the existing seawall. The project is located on a manmade canal, Class III Waters, adjacent to 926 Jackson Way, Fort Pierce (Section 23, Township 34 South, Range 40 East), in St.. Lucie County (270 29' 56.93" North Latitude, 8(° 18' 14.17' West Longitude). Your 'application has been reviewed to determine whether it qualifies for any of three kinds of authorization that may be necessary for work in wetlands or waters of the United States. The kinds of 'authorization are (1) regulatory authorization, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal authorization. The authority for review and the outcomes of the reviews are listed below. Please read each section carefully. Your project may not have qualified for all three forms of authorization. If your project did not qualify for one or more of the authorizations, refer to the specific section dealing with that authorization for advice on how to obtain it. 1. Regulatory Review. -VERIFIED The Department has the authority to review your project under Part IV of Chapter 373, Florida Statutes (F.S.), Title 62, Florida Administrative Code (F.A.C.), and in accordance with operating arts executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C. Based on the information you submitted, we have determined that your project to replace an existing 101-linear foot seawall within one foot waterward (wet face to wet face) of the existing seawall is exempt from the need to obtain a DEP Environmental Resource Permit under Rule 40E4.051(4)(b), F.A.C. File Name: Davisson, Davie" �r FDEP File No.: 56-M35271-L� Page 2 of 4 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-M.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 wtees is��o�t req�uire d. 3. Federal Review (SPGP).-GRANTEDrz Federal authorization for the proposed project is nyviewed by DEP pursuant to " agreement between the Department and the U.S. Army Corps of Engineers (Corps). The agreement is outlined in a document titled Coordination Agreement Between the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection State Programmatic General Permit, Section 10 of the Rivers and Harbor Act of 1899 and Section 404 of the Clean Water Act. 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 project. Pile Name: Davisson, Davii-y FDEP File No.: 56-0135271-L Page 3 of 4 NOTICE OF RIGHTS OF SUBSTANTIALLY AFFECTED PERSONS This letter acknowledges that the proposed activity is exempt from ERP permitting requirements under Rule 40E-4.051(4)(b), 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 not be final and effective until further order of the Department. The procedures for petitioning for a 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. 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 activity is not authorized under the exemption established under Rule 40E-4.051(4)(b), 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,atthe �activ 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. File Name: Davisson, David V FDEP File No.: 56-013527140 ,, Page 4 of 4 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. 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, ill ate Environmental Manager Submerged Lands and Environmental Resources Program fr"' Enclosures x^ cc: Scott Szafransld; harborba3ma1ineCo3aol.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. L�l lip Clerk Date Attachment A STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF DE I RMINATION OF EXEMPTION File No- 56-0135271-004 The Department of Environmental Protection gives notice that the project to replace an existing 101-11near foot seawall within one foot waterward (wet face to wet face) of the existing seaway, located on a manmade canal, Class III Waters, adjacent to 926 Jackson Way, Fort Pierce (Section 23, Township 34 South, Range 40 East), in St. Lucie County (2/° 29' 56.93" North Latitude, W-18' 14.1r 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 IM.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed (received by the deck) 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 28406.2i15 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 62110.106(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 32`i M000 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 mad 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 r,� it's m k the�foilowin9 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 be affected.by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific 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.28-106.3M. 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 am. to 5:00 pm., Monday through Friday, at the Southeast District office, 400 North Congress Avenue, West PWm 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 parry 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: i 1.�Limits of this authorization. z a. This permit does not obviate the need to obtain other Federal, State, orllocal 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. 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 209.170) 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) (DATE) (NAME -PRINTED) (ADDRESS) F r LE COP' s 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 property 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 8112" 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. FILE (OPY C C CAUTION: MANATEE HABITAT. All project vessels IDLE SPEED/NO WAKE When a manatee is within 50 feet of work all in -water activities must SHUT DOWN Report any collision with or injury to a manatee: Wildlife Alert: 1-888-404-FWCC(3922) cell *FWC or #FWC ply ow, or 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 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 Division (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 v 926 Jackson Way, Fort Pierce -_,"L - Google Maps Page 1 of 1 s Address 926 Jackson Way GQc;,)S a Fort Pierce, FL 34949 i ' Jack Island ilceess Rd Jack Island Access Rd II Cl Petchig� ide"On Way .recxsnn way MEEMEMMM Get C%Mle Nbps on yow phone Taft#wvotd°GMAF! w4664S3 G435�_�1► �fg a rig Date: APR 19 2012 At OF http://maps.gDogle.conVmaps7�—q&source=s q&hl=en&geocode=&q=926+Jackson+Way,.:. 4/12/2012 Map Direct: Water Gateway TO!W I- 13911- -80°I8116.86W 27w"55.7574", -80018!16.98a3 mein FROM dM 27029'.59.0822n, -80018'11.80850 NTEQ 2 F*29-55.6227-, -8001 IT1 1.9253- B W41 Aerial Imagery 20044-2009 Counties Aerial Imag ery 2005-20 ger, Flight Dates -� S-P aRT .. AN Z Jt WA 0 rA vrilmos C-Dremm PSI 73WO a do Ale. woo 0 Q 101 . fi -"V~ Goat" dMus"s 31 )nl is 1110d d3CI 1.4 Z. UvIli lt BAD' NUUME, iDIOS` ES WC.- '`1iao�l':•�l�.irra�'P/�Q�Splw�! - MAR a FL DEP PORT ST. WCIE +�ilTEARl�• � wer'EIk�e� ftnfr• COCK ram_ p - ---- _ dy .'` 2L3 �!LI Date: AHMO - ?c��4OF Fg,D - D�N� a�lv�►s N ,�...�.� �'� S6K%vALL: Q7aCs�A pN Uri A,�/ SLY CMD o D Tri�tNS.1'--- WODV HARBOR BAY !11lAIME INDUSTRIES INC. *000 uft#PftDfthe _* Sir .2.=M_VUK M=_.mms ID L.i'cIF .CC?'T�' B DING D"jOlq -� FOR CO, CE Lyo BtC`!' wNff ------ 'ATE IT XWISLTB ON JOB �""ti;s'ICTAXSANI If}N MOW �sttc�•be►� Pupf'y' oi•� (_2t� bottom � t dYU MIT 57!W td� r eaery 5'oN ceoTer U d-i z v.%2 cA P a ' -- s S'fit�aless 3 y�C oe"'i =Rav t�v _ •.-_ Ger- — - _ _ It. ..-_ _ -_ 1. i 1� t 4 i � i�Orl'ZOrs'S'il � b0 �C/4Crv�n� i 3 2i`� i' i or�a api,t L e �'iv,K4 j$ �K1C d 4 auw& .Aoci on - 07 c PAUL WELCH INC. MEQH-E-LECT-CIVIL ENG 1064 ST. #114 �. PMT 5T, LUCIE, FL 34984 PAUL WELCH, P.E. FLA REG NO 29945 :fsFe PlbDIM"'a ftK 3w9m— eman bob 11 - - h�p� So �n►�1 w ti _ ^' r�KW pt16 w� troI60 S&AwALL "'fir r,` rN�N►. nM.w i - _ -. EXt�pts weoD SEAWAY - _ .I 30L .1 .2-0 i PAUL WELCH INC. MECH-ELECT-CIVIL ENG / 1984 8!L`TWRE ST. #114 P(MT ST. LUCIE, FL 349,84 PAUL WELCH, P.E. F1.A BEG N019945 , , , „ „ � IM 1 1 n OFFICE USE ONLY: r -1 DATE FILED: I b1 PLAN REVIEW FEE: RECEIPT NO.: CONCURRENCY FEE: RECEIPT NO.: 25—�ERNHT NUMBER: CERT. CAP. NO.: ALL INFO MUST BE COMPLETE & FILLED IN TO BE ACCEPTED PLANNING & DEVELOPMENT SERVICES DEPARTMENT BUILDING & CODE REGULATIONS DWISION 2300 Virginia Avenue ben Ft. Pierce, FL 34982-565; 772-462-1553 `e�, ( 0iw, AN 0 5 2012 APPLICATION for BUILDING PERMIT CERTIFICATE of CAPACITY/ZONING COMPLIANCE ronmental Resodreft St. Lucie County PROJECT INFORMATION � 1. LOCATION/SITE ADDRESS: 9 �� �i y�s�'j �i &Y 2. PROJECT NAME: S EAW 41 �_� j A} .e AA*b.r'1'STTE PLAN NAME: 3. PROPERTY TAX ID #: 2 i0 Z — C)0© C. © C) — (� 4. LEGAL DESCRIPTION (attach extra sheets if necessary): (c e 5. PLAT BOOK 6. PAGE NO. 7. BLOCK NO. 8. - LOT NO. 9. PARCEL SIZE (ACRES/SQ FT.): 4 LOT DIMENSIONS: 10. COMPLETE DESCRIPTION OF CONSTRUCTION PROJECT OR WORK ACTIVITY: 11. SETBACKS (ACTUAL) FRONT: BACK: RIGHT SIDE: LEFT SIDE: TYPE OF CONSTRUCTION (Check all appropriate boxes) [ ] NEW CONSTRUCTION [ ] EXPANSION/ADDITION [ ] INTERIOR RENOVATION [ ] RESIDENTIAL [ ] COMMERCIAL [ ] INDUSTRIAL [ ] OTHER (SPECIFY) n 1 DESCRIPTION OF PROPOSED USE: SQ. FT OF CONSTRUCTION: VALUE OF CONSTRUCTION: $ ;-7(D }ems, 15. SF. FT 1 st FLOOR: 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. I���^ ly-P N SLCCDV Form No.: 001-02 1 _ Y4 9p �L UPDATED 6/25/09 �J/ UU OWNER INFORMATION NAME: Dh-'3 c �X-� i SS 6 N ADDRESS: A hC46 ©--v W A--4 CITY:STATE: yI ZIP: -3 qq q 9 Rom_ PHONE (DAYTIME): C_) 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: CITE... PHONE (DAYTIME): () CONTRACTOR INFORMATION ST. of FL REG.CERT #: BUSINESS NAME: QUALIFIERS NAM STATE: ZIP: ST. LUCIE COUNTY CERT #: I n� ADDRESS: 6'r 64-j06te D01 CITY: �61N 4 i Lx) ck 12 STATE: F 1. „ ZIP: 341qS Z PHONE (DAYTIME): (`Dill 4 9S-2-z99 FAXNO. 335 70 Email: Vnh rbzr b W V0t(L%y- ARCHIT/ENG]NEER: A04"c'PAUL- CALM ADDRESS: ;�1931 51-J iLT k� CITY: PQ�-r s L•s C'Lfz— STATE: ZIP: 57 �. PHONE (DAYTIME): 77 -19 "1M8 BONDING COMPANY: ADDRESS: CITY: MORTGAGE LENDER: ADDRESS: CITY: STATE: STATE: ZIP: ZIP: 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 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 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 ATTACIRVIENT. SIGNATURE OF FLQRII)Al COUNTY �c COUNTY OF � --- The foregoing instrument was acknowledged before me this day of MQLA 20� I c by Z� who is personally known or has produced a®fication. Signature of loiary Commission No. (Seal) STATE OF -A COUNTY OF The foregoing instrument was acknowledged before me this 1 day of .20� by who is personally known or has produced S( , G 7 eV qcation. uamu signaturWofNiary Commission No. (Seal) NOTE: TWO (2) SIGNATURES ARE REQUIRED. EACH SIGNATURE MUST BE NOTARIZED. IF APPLYING FOR THIS BUILDING PERMIT AS AN OWNERBUELDER, 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 OWNERBUH DER APPLICANTS. For specific instructions see appropriate permit checklist. OFFICE USE ONLY BP #: SECTION TOWNSHIP RANGE MAP NO. ZONING LAND USE LOT CVG % TAZ NO. FLOOD ZONE FIRM MAP # 1ST FLR ELV MAX HGT CONST TYPE OCCUP TYPE MAX OCCUP # OF FLRS WATER SEWER 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 PUBIC BLD IMPACT FEE GENERAL PARKS IMPACT FEE SCHOOL IMPACT FEE ROAD IMPACT 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: REVIEWS FRONT COUNTER ZONING REVIEW SUPERVISOR REVIEW PLANS REVIEW VEGETATION REVIEW SEA TURTLE REVIEW MANGROVE REVIEW DATE RECEIVED 12 // l0 J" l Z / ls� l Z DATE COMPLETED �j ' '/2 INITIALS 1*40 Vj. vr`-'CKt$,,,�,q 1l, ck Florida Department of Go Scott Environmental Protection Jennifer Carroll Southeast District Office Lt. Governor 400 N. Congress Avenue, Suite 200 Vinyard West Palm Beach, FL 33401 Herschel T. iSecret Secretary 561-681-6600 Secretary APR I Re 7-Q112- David Davisson 926 Jackson Way Fort Pierce, FL 34949 Re: File No.: 56-0135271-004 File Name: Davisson, David Dear Mr. Davisson: On March 23, 2012, we received your application for an exemption to replace an existing 101-linear foot seawall within one foot waterward (wet face to wet face) of the existing seawall. The project is located on a manmade canal, Class III Waters, adjacent to 926 Jackson Way, Fort Pierce (Section 23, Township 34 South, Range 40 East), in St. Lucie County (270 29, 56.93" North Latitude, 80° 18-14.12" West Longitude). Your application has been reviewed to determine whether it qualifies for any of three kinds of authorization that may be necessary for work in wetlands or waters of the United States. The kinds of authorization are (1) regulatory authorization, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal authorization. The authority for review and the outcomes of the reviews are listed below. Please read each section carefully. Your project may not have qualified for all three forms of authorization. If your project did not qualify for one or more of the authorizations, refer to the specific section dealing with that authorization for advice on how to obtain it. 1. Regulatory Review. -VERIFIED The Department has the authority to review your project under Part IV of Chapter 373, Florida Statutes (F.S.), Title 62, Florida Administrative Code (F.A.C.), and in accordance with operating agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C. Based on the information you submitted, we have determined, that your project to replace an existing 101-linear foot seawall within one foot waterward (wet face to wet face) 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. Florida Department of Environmental Protection Southeast District Office 400 N. congress Avenue, Suite 200 West Palm Beach, FL 33401 561-681-6600 APR 119 ZO12 David Davisson 926 Jackson Way Fort Pierce, FL 34949 Re: File No.: 56-0135271-004 File Name: Davisson, David Dear Mr. Davisson: Fuck Scott Governor Jennifer Carrell Lt. Governor Herschel T. Vinyard Jr. Secretary On March 23, 2012, we received your application for an exemption to replace an existing 101-linear foot seawall within one foot waterward (wet face to wet face) of the existing seawall. The project is located on a manmade canal, Class III Waters, adjacent to 926 Jackson Way, Fort Pierce (Section 23, Township 34 South, Range 40 East), in St. Lucie County (270 29' 56.93" North Latitude, 80' 18' 14.12" West Longitude). Your application has been reviewed to determine whether it qualifies for any of three kinds of authorization that may be necessary for work in wetlands or waters of the United States. The kinds of authorization are (1) regulatory authorization, (2) proprietary authorization (related to state-owned submerged lands), and (3) federal authorization. The authority for review and the outcomes of the reviews are listed m 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. -VERIFIED The Department has the authority to review your project under Part IV of Chapter 373, Florida Statutes (F.S.), Title 62, Florida Administrative Code (F.A.C.), and in accordance with operating agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C. Based on the information you submitted, we have determined that your project to replace an existing 101-linear foot seawall within one foot waterward (wet face to wet face) 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. File Name: Davisson, David' � FDEP File No.: 56-M35271-0 .,_, -- Page 2 of 4 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 project 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 the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection State Programmatic General Permit, Section 10 of the Rivers and Harbor Act of 1899 and Section 404 of the Clean Water Act. 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 project. File Name: Davisson, David FDEP File No.: 56-0135271-004 Page 3 of 4 NOTICE OF RIGHTS OF SUBSTANTIALLY AFFECTED PERSONS This letter acknowledges that the proposed activity is exempt from ERP permitting requirements under Rule 40E4.051(4)(b), 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 not be final and effective until further order of the Department. The procedures for petitioning for a 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 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 activity is not authorized under the exemption established under Rule 40E-4.051(4)(b), 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 Departments 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. File Name: Davisson, David" FDEP File No.: 56-0135271-0.,- _,' / Page 4 of 4 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. 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, l� � ate Environmental Manager Submerged Lands and Environmental Resources Program Enclosures cc: Scott Szafranski; harborbaymarineCQ3aol.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. Clerk Date Attachment A STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF DETERMINATION OF EXEMPTION File No. 56-01352714M The Department of Environmental Protection gives notice that the project to replace an existing 101-linear foot seawall within one foot waterward (wet face to wet face) of the existing seawall, located on a manmade canal, Class III Waters, adjacent to 926 Jackson Way, Fort Pierre (Section 23, Township 34 South, Range 40 East), in St Lucie County (2r 29' 56.93" North Latitude, 80° 18- 14.1r 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 De�rtment'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, Marl 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 62110.106(3), FAC., 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, Marl Station 35, Tallahassee, Florida 32399 M prior to the applicable deadline. A timely request for extension of time shall ton 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 Departments 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 be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific 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 piecisely 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 2&106.301. Under sections 1M.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, 400 North Congress Avenue, West Palm Beach, Florida. 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 specked 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) (DATE) (NAME -PRINTED) (ADDRESS) 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 thatthere 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 lmperiledSpecies@myF'WC.corn 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. , UT �10)Ns MANATEE HABITAT All project Vesselle IDLE SPEED/NO WAKE When a manatee is within 50 feet 6f work all in -water activities must Repori any collision with or inJury to a Manatee: Wfldfife Alert: 1-888-404-FWCC(3922) ce[I * RMC or OFAC UNITED STATES DEIPAR131E T OF COMMERCE National Oceanic and Atmospheric Adagnistratio n ` national marine fisheries service Southeast Regional Office 253 13th Avenue South St. Petersburg, FL 33701 4 f 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 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 Division (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:\fonms\Sea Turtle and Smalltooth Sawfish Construction Conditions.doc 3 f 926 Jackson Way, Fort Pier Googie Maps Page 1 of 1 I Address 926 Jackson Way Go �, Y 4. . Fort Pierce, FL 34949 . _-................... i Jack Island Across Rd jackson My Jackson My r OIA I 9�q 620WGo MWdata =12GmL,i IRO( C=1-3 52 7 i -CA �f { Date: APR 2012or, FL hq://maps.google.com/maps?N&source=s q&h1=en&geocode=&q=926+Jackson+Way,... 4/12/2012 Map Direct: Water Gateway 27*29'59.2169", 4018-10.8685" 27-25'55.7574',-80--18-16.9853° n FROM 27ONS9.0822m. -80018"1 I.SM" I 2 MV55.6227-, -8001 ITI 1.9253- Scale 1:74 Aerial Imagery 2004-2009 r-1 Counties IE 2A0a.20mry Fight Dates W1 T. t. 141 F. Pu Nol p By: np IP41, Property Appraiser - St.Lucip l;)unty, FL Page 1 of 1 PROPERTY RECORD CARD David 0 Davisson Record: 1 of 1 «Prev Next>> 3pec.Assmnt Taxes Exemptions Permits Home Print Property Identification CIE CO Site Address: 926 JACKSON WAY ParcellD: 1423-802-0006-000-6 Sec/Town/Range: 23 :34S :40E Account #: 8602 y� Map ID: 14/23S Land Use: SF Res Zoning: RS-4 City/Cnty: St Lucie County Ownership and Mailing Legal Description Owner: David O Davisson Merle D Davisson_ COASTAL COVES -UNIT 1- LOT 3 (OR 1149-627) Address: 926 Jackson Way Fort Pierce FL 34949-8519 Sales Information Assessment 2011 Final Total Land and Building Date Price Code Deed Book/Page 2011 Final: 307100 Land Value: 177000 Acres: 0.27 5/29/1998 239000 00 WD 1149 / 0627 Assessed: 234223 BuildingValue: 130100 6/14/1990 68000 00 WD 0697 / 1084 Ag.Credit: 0 Finished Area: 2279 SgFt 9/1/1979 25000 00 CV 0317 / 1789 Exempt: 50000 5/1/1974 15500 00 CV 0227 / 2950 Taxable: 184223 Taxes: 3945.1 BUILDING INFORMATION (ygI �� vas ;N BN 9 W17 (eW7 Exterior Features View: - RoofCover: TN - Metal RoofStruct: HP - Hip ExtType: HB+ -HB+ YearBlt: 1993 Frame: - Grade: B+ - B+ EffYrBit: 1993 PrimeWall: BW - Brk/Wd Frame StoryHght: 0020 - 2 Story No.Units: 1 SecWall: Interior Features BedRooms: 3 Electric: MX - MAXIMUM PrmintWall: DW - Drywall FuilBath: 2 HeatType: FHA - FrcdHotAir AvgHt/FI: 1/2Bath: 1 HeatFuel: ELEC - Electric Prm.Flors: CU - Carpet %A/C: 100 %Heated: 100 %Sprinkled: 0 Special Features and Yard items Land Information Type Y/S Qty. Units Qua]. Cond. YrBlt. No. Land Use Type Measure Depth DOK2 - WOOD DOCK Y 1 320 AV AV 1993 1 0100-SF Res CIUA-Front Ft 100 118 SWOD - SEAWALL WOOD Y 1 100 AV AV 1993 DWC - Ddv-Concret Y 1 1400 AV AV 1993 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED http://www.pasle.org/paslc/prc.asp?prclid=142380200060006 5/17/2012