HomeMy WebLinkAbout2017 Boudrot Pier DemoMay 05, 2017
Frank Watanabe
City of Sebastian
1225 Main St
Sebastian, FL 32958-4165
Project Name: City of Sebastian Public Pier Removal (fka Boudrot Dock)
Permit Number: 40429-6
Dear Mr. Watanabe,
PROPRIETARY REVIEW – APPROVED
Thank you for applying to the St. Johns River Water Management District (District) for
authorization to use Sovereign Submerged Lands (SSL) in the form of a Letter of Consent for
the removal of a 1030 sq ft public pier (fka Boudrot dock) within the Indian River Lagoon Aquatic
Preserve in accordance with the erosion control figure received by the District on April 17, 2017
and the narrative description received by the District on May 3, 2017.
Waterbody: Indian River Lagoon, Class III Marine
STR: Section 6, Township 31 South, Range 39 East
County: Indian River County
PROPRIETARY REVIEW – APPROVED
Your project occurs on SSL and requires proprietary authorization to use these lands. Acting as
staff to the Board of Trustees (“Board of Trustees”), the District determined that the structures
and activities located on SSL qualify for a Letter of Consent, as long as the work performed is
located within the boundaries as described herein and is consistent with the terms and
conditions herein. The District bases this determination upon the fact that the project meets the
criteria of Chapter 18-21.005(1)(c)13 F.A.C. for removal of derelict structures and Chapter 18-
20.004(1)(e)10 F.AC. The applicant has provide information that demonstrates the work will be
done in a manner that will not result in adverse impacts to seagrass beds or to the substrate
and benthic community of the Indian River Lagoon, and that the project will not result in a
degradation to the ambient water quality of the Aquatic Preserve. Consider this the authority
sought under section 253.77, Florida Statutes (F.S.) and chapter 18-21, Florida Administrative
Code (F.A.C.), to pursue this project.
During the term of this Letter of Consent you shall maintain satisfactory evidence of sufficient
upland interest as required by rule 18-21.004(3)(b), F.A.C. If such interest is terminated or the
Board of Trustees determines that such interest did not exist on the date of issuance of this
Letter of Consent, this Letter of Consent may be terminated by the Board of Trustees at its sole
option. If the Board of Trustees terminates this Letter of Consent, you agree not to assert a
claim or defense against the Board of Trustees arising out of this Letter of Consent.
Prior to the commencement of construction and/or activities authorized herein, you must obtain
the U.S. Army Corps of Engineers (USACE) permit if required. Any modifications to the use of
the lands and/or activities authorized herein that may be required by USACE shall require
reconsideration by and the prior written approval of the District prior to commencement of
construction and/or any activities on sovereign submerged lands.
This letter in no way waives the authority and/or jurisdiction of any government entity, nor does
it disclaim any title interest the state may have in the project site. Please check with your local
government for specific requirements. Where local governments have standards, the more
stringent standards shall apply. This project does not require a regulatory permit from the
District because it qualifies under the State of Florida Department of Environmental Protection
(DEP) Emergency Final Order made necessary by Hurricane Matthew and signed by the DEP
Secretary on October 5, 2016. The activity qualifies under a No Notice Required under Section
2.a(3) of the Emergency Order. Because this letter does not constitute authority to proceed with
your project under chapter 373, F.S., this letter should be attached to the District’s no permit
required letter sent on April 12, 2017.
Please retain this letter, as it constitutes consent to use SSL by the St. Johns River Water
Management District. Please be aware that you are bound to the conditions set forth in the
attached “General Consent Conditions.” Your project may be inspected by authorized personnel
in the future to ensure compliance with appropriate laws and rules. If your (activity) is not in
compliance, you may be subject to penalties
Thank you for applying to the District. If you have any questions, please contact Elois Lindsey at
the letterhead address, by telephone at 321-676-6618 or by email at elindsey@sjrwmd.com.
When referring to this project, please reference the SSL authorization number listed above..
Sincerely,
John Juilianna
Regulatory Coordinator
Enclosures: Conditions
Notice of Rights
cc: U.S. Army Corps of Engineers
Office of Coastal and Aquatic Managed Areas (for projects in Aquatic Preserves)
PROPRIETARY CONDITIONS - SOVEREIGN SUBMERGED LANDS (SSL):
1. Authorizations are valid only for the specified activity or use. Any unauthorized deviation
from the specified activity or use and the conditions for undertaking that activity or use
shall constitute a violation. Violation of the authorization shall result in suspension or
revocation of the grantee's use of the sovereignty submerged land unless cured to the
satisfaction of the Board.
2. Authorizations convey no title to sovereignty submerged land or water column, nor do
they constitute recognition or acknowledgment of any other person's title to such land or
water.
3. Authorizations may be modified, suspended or revoked in accordance with their terms or
the remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18-14, F.A.C.
4. Structures or activities shall be constructed and used to avoid or minimize adverse
impacts to sovereignty submerged lands and resources.
5. Construction, use, or operation of the structure or activity shall not adversely affect any
species which is endangered, threatened or of special concern, as listed in Rules 68A-
27.003, 68A-27.004, and 68A-27.005, F.A.C.
6. Structures or activities shall not unreasonably interfere with riparian rights. When a court
of competent jurisdiction determines that riparian rights have been unlawfully affected,
the structure or activity shall be modified in accordance with the court's decision.
7. Structures or activities shall not create a navigational hazard.
8. Structures shall be maintained in a functional condition and shall be repaired or removed
if they become dilapidated to such an extent that they are no longer functional. This shall
not be construed to prohibit the repair or replacement subject to the provisions of Rule
18-21.005, F.A.C., within one year, of a structure damaged in a discrete event such as a
storm, flood, accident, or fire.
9. Structures or activities shall be constructed, operated, and maintained solely for water
dependent purposes, or for non-water dependent activities authorized under paragraph
18-21.004(1)(g), F.A.C., or any other applicable law.
10. During the term of this Letter of Consent you shall maintain satisfactory evidence of
sufficient upland interest as required by 18-21.004(3)(b), Florida Administrative Code. If
such interest is terminated or the Board of Trustees determines that such interest did not
exist on the date of issuance of this Letter of Consent, this Letter of Consent may be
terminated by the Board of Trustees at its sole option. If the Board of Trustees
terminates this Letter of Consent, you agree not to assert a claim or defense against the
Board of Trustees arising out of this Letter of Consent.
Notice of Rights
1. A person whose substantial interests are or may be affected has the right to request an
administrative hearing by filing a written petition with the St. Johns River Water
Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007,
Florida Administrative Code, the petition must be filed (received) either by delivery at the
office of the District Clerk at District Headquarters, P. O. Box 1429, Palatka Florida
32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at
Clerk@sjrwmd.com, within twenty-six (26) days of the District depositing the notice of
District decision in the mail (for those persons to whom the District mails actual notice),
within twenty-one (21) days of the District emailing the notice of District decision (for
those persons to whom the District emails actual notice), or within twenty-one (21) days
of newspaper publication of the notice of District decision (for those persons to whom
the District does not mail or email actual notice). A petition must comply with Sections
120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida
Administrative Code. The District will not accept a petition sent by facsimile (fax), as
explained in paragraph no. 4 below.
2. Please be advised that if you wish to dispute this District decision, mediation may be
available and that choosing mediation does not affect your right to an administrative
hearing. If you wish to request mediation, you must do so in a timely-filed petition. If all
parties, including the District, agree to the details of the mediation procedure, in writing,
within 10 days after the time period stated in the announcement for election of an
administrative remedy under Sections 120.569 and 120.57, Florida Statutes, the time
limitations imposed by Sections 120.569 and 120.57, Florida Statutes, shall be tolled to
allow mediation of the disputed District decision. The mediation must be concluded
within 60 days of the date of the parties’ written agreement, or such other timeframe
agreed to by the parties in writing. Any mediation agreement must include provisions for
selecting a mediator, a statement that each party shall be responsible for paying its pro-
rata share of the costs and fees associated with mediation, and the mediating parties’
understanding regarding the confidentiality of discussions and documents introduced
during mediation. If mediation results in settlement of the administrative dispute, the
District will enter a final order consistent with the settlement agreement. If mediation
terminates without settlement of the dispute, the District will notify all the parties in
writing that the administrative hearing process under Sections 120.569 and 120.57,
Florida Statutes, is resumed. Even if a party chooses not to engage in formal mediation,
or if formal mediation does not result in a settlement agreement, the District will remain
willing to engage in informal settlement discussions.
3. A person whose substantial interests are or may be affected has the right to an informal
administrative hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes,
where no material facts are in dispute. A petition for an informal hearing must also
comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code.
4. A petition for an administrative hearing is deemed filed upon receipt of the complete
petition by the District Clerk at the District Headquarters in Palatka, Florida during the
District’s regular business hours. The District’s regular business hours are 8:00 a.m. –
5:00 p.m., excluding weekends and District holidays. Petitions received by the District
Clerk after the District’s regular business hours shall be deemed filed as of 8:00 a.m. on
the District’s next regular business day. The District’s acceptance of petitions filed by e-
mail is subject to certain conditions set forth in the District’s Statement of Agency
Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative
Code), which is available for viewing at sjrwmd.com. These conditions include, but are
not limited to, the petition being in the form of a PDF or TIFF file and being capable of
being stored and printed by the District. Further, pursuant to the District’s Statement of
Agency Organization and Operation, attempting to file a petition by facsimile is
prohibited and shall not constitute filing.
5. Failure to file a petition for an administrative hearing within the requisite timeframe shall
constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, Florida
Administrative Code).
6. The right to an administrative hearing and the relevant procedures to be followed are
governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative
Code, and Rule 40C-1.1007, Florida Administrative Code. Because the administrative
hearing process is designed to formulate final agency action, the filing of a petition
means the District’s final action may be different from the position taken by it in this
notice. A person whose substantial interests are or may be affected by the District’s final
action has the right to become a party to the proceeding, in accordance with the
requirements set forth above.
7. Pursuant to Section 120.68, Florida Statutes, a party to the proceeding before the
District who is adversely affected by final District action may seek review of the action in
the District Court of Appeal by filing a notice of appeal pursuant to Rules 9.110 and
9.190, Florida Rules of Appellate Procedure, within 30 days of the rendering of the final
District action.
8. A District action is considered rendered, as referred to in paragraph no. 7 above, after it
is signed on behalf of the District and filed by the District Clerk.
9. Failure to observe the relevant timeframes for filing a petition for judicial review as
described in paragraph no. 7 above will result in waiver of that right to review.
NOR.Decision.DOC.001
Revised 12.7.11
Notice of Rights
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Notice of Rights has been sent to the permittee:
Frank Watanabe
City of Sebastian
1225 Main St
Sebastian, FL 32958-4165
This May 05, 2017.
_______________________________________
Margaret Daniels, Office Director
Office of Business and Administrative Services
St. Johns River Water Management District
4049 Reid Street
Palatka, FL 32177
(386) 329-4570
NOTICING INFORMATION
Dear Permittee:
Please be advised that the St. Johns River Water Management District has not published a
notice in the newspaper advising the public that it has issued a permit for this project.
Newspaper publication, using the District’s form, notifies members of the public of their right to
challenge the issuance of the permit. If proper notice is given by newspaper publication, then
there is a 21-day time limit to file a petition challenging the issuance of the permit.
To close the point of entry for filing a petition, you may publish (at your own expense) a one-
time notice of the District’s decision in a newspaper of general circulation within the affected
area as defined in Section 50.011 of the Florida Statutes. If you do not publish a newspaper
notice, the time to challenge the issuance of your permit will not expire.
A copy of the notice and a partial list of newspapers of general circulation are attached for your
convenience. However, you are not limited to those listed newspapers. If you choose to close
the point of entry and the notice is published, the newspaper will return to you an affidavit as
proof of publication. Please submit a scanned copy of the affidavit by emailing
compliancesupport@sjrwmd.com (preferred method) or send the original affidavit of publication
to:
Margaret Daniels, Office Director
Office of Business and Administrative Services
4049 Reid Street
Palatka, FL 32177
If you have any questions, please contact the Office of Business and Administrative Services at
(386) 329-4570.
Sincerely,
Margaret Daniels, Office Director
Office of Business and Administrative Services
NOTICE OF AGENCY ACTION TAKEN BY THE
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
Notice is given that the following permit was issued on ____________________:
(Name and address of applicant) ______________________________________
permit#____________________. The project is located in _____________County, Section
________, Township ________ South, Range ________ East. The permit authorizes a surface
water management system on ________ acres for
_____________________________________________________________ known as
____________________. The receiving water body is ________________.
A person whose substantial interests are or may be affected has the right to request an
administrative hearing by filing a written petition with the St. Johns River Water Management
District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative
Code (F.A.C.), the petition must be filed (received) either by delivery at the office of the District
Clerk at District Headquarters, P.O. Box 1429, Palatka FL 32178-1429 (4049 Reid St, Palatka,
FL 32177) or by e-mail with the District Clerk at Clerk@sjrwmd.com, within twenty six (26) days
of the District depositing the notice of intended District decision in the mail (for those persons to
whom the District mails actual notice), within twenty-one (21) days of the District emailing notice
of intended District decision (for those persons to whom the District emails actual notice), or
within twenty-one (21) days of newspaper publication of the notice of intended District decision
(for those persons to whom the District does not mail or email actual notice). A petition must
comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes (F.S.), and Chapter 28-
106, F.A.C. The District will not accept a petition sent by facsimile (fax). Mediation pursuant to
Section 120.573, F.S., is not available.
A petition for an administrative hearing is deemed filed upon receipt of the complete petition by
the District Clerk at the District Headquarters in Palatka, Florida during the District’s regular
business hours. The District's regular business hours are 8 a.m. – 5 p.m., excluding weekends
and District holidays. Petitions received by the District Clerk after the District's regular business
hours shall be deemed filed as of 8 a.m. on the next regular District business day. The District's
acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District’s
Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida
Administrative Code), which is available for viewing at www.sjrwmd.com. These conditions
include, but are not limited to, the petition being in the form of a PDF or TIFF file and being
capable of being stored and printed by the District. Further, pursuant to the District’s Statement
of Agency Organization and Operation, attempting to file a petition by facsimile (fax) is
prohibited and shall not constitute filing.
The right to an administrative hearing and the relevant procedures to be followed are governed
by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C-
1.1007, Florida Administrative Code. Because the administrative hearing process is designed to
formulate final agency action, the filing of a petition means the District's final action may be
different from the position taken by it in this notice. Failure to file a petition for an
administrative hearing within the requisite time frame shall constitute a waiver of the
right to an administrative hearing. (Rule 28-106.111, F.A.C.).
If you wish to do so, please visit http://www.sjrwmd.com/noticeofrights/ to read the complete
Notice of Rights to determine any legal rights you may have concerning the District's intended
decision(s) on the permit application(s) described above. You can also request the Notice of
Rights by contacting the Office Director, Office of Business and Administrative Services
(OBAS), 4049 Reid St., Palatka, FL 32177-2529, tele. no. (386)329-4570.
NEWSPAPER ADVERTISING
ALACHUA BAKER
The Alachua County Record, Legal Advertising Baker County Press, Legal Advertising
P. O. Box 806 P. O. Box 598
Gainesville, FL 32602 Macclenny, FL 32063
352-377-2444/ fax 352-338-1986 904-259-2400/ fax 904-259-6502
BRAFORD BREVARD
Bradford County Telegraph, Legal Advertising Florida Today, Legal Advertising
P. O. Drawer A P. O. Box 419000
Starke, FL 32901 Melbourne, FL 32941-9000
904-964-6305/ fax 904-964-8628 321-242-3832/ fax 321-242-6618
CLAY DUVAL
Clay Today, Legal Advertising Daily Record, Legal Advertising
1560 Kinsley Ave., Suite 1 P. O. Box 1769
Orange Park, FL 32073 Jacksonville, FL 32201
904-264-3200/ fax 904-264-3285 904-356-2466 / fax 904-353-2628
FLAGLER INDIAN RIVER
Flagler Tribune, c/o News Journal Vero Beach Press Journal, Legal Advertising
P. O. Box 2831 P. O. Box 1268
Daytona Beach, FL 32120-2831 Vero Beach, FL 32961-1268
386- 681-2322 772-221-4282/ fax 772-978-2340
LAKE MARION
Daily Commercial, Legal Advertising Ocala Star Banner, Legal Advertising
P. O. Drawer 490007 2121 SW 19th Avenue Road
Leesburg, FL 34749 Ocala, FL 34474
352-365-8235/fax 352-365-1951 352-867-4010/fax 352-867-4126
NASSAU OKEECHOBEE
News-Leader, Legal Advertising Okeechobee News, Legal Advertising
P. O. Box 766 P. O. Box 639
Fernandina Beach, FL 32035 Okeechobee, FL 34973-0639
904-261-3696/fax 904-261-3698 863-763-3134/fax 863-763-5901
ORANGE OSCEOLA
Sentinel Communications, Legal Advertising Little Sentinel, Legal Advertising
633 N. Orange Avenue 633 N. Orange Avenue
Orlando, FL 32801 Orlando, FL 32801
407-420-5160/ fax 407-420-5011 407-420-5160/ fax 407-420-5011
PUTNAM ST. JOHNS
Palatka Daily News, Legal Advertising St. Augustine Record, Legal Advertising
P. O. Box 777 P. O. Box 1630
Palatka, FL 32178 St. Augustine, FL 32085
386-312-5200/ fax 386-312-5209 904-819-3436
SEMINOLE VOLUSIA
Seminole Herald, Legal Advertising News Journal Corporation, Legal Advertising
300 North French Avenue P. O. Box 2831
Sanford, FL 32771 Daytona Beach, FL 32120-2831
407-323-9408 (386) 681-2322