HomeMy WebLinkAbout2009 10 30 DEP Recommendations Page 1 of 3
Rebecca Grohall
From: Herbster, Dave[Dave.Herbster @dep.state.fl.us]
Sent: Friday, October 30, 2009 3:35 PM
To: Rebecca Grohall
Cc: Prather, Lisa; Ammon, Pamela; Meyers, Alissa; Shipman, Joy; Martin, Nicole
Subject: RE: Sebastian Development Corp aka Captain and the Cowboy
I remember you mentioning that about getting everyone together and you are right.
There are things you can be doing in the meantime:
1) Draft drawings we can discuss on how the dock might be turned back into a pier of dimensions
similar to those of the 1983 DER permit.
2) Begin work on how you will demonstrate the project is clearly in the public interest. Remember that
the neighbor to the north demonstrated it by doing things like:
a)enhancing the shoreline with native plants,
b)deeding privately held river bottom back to the state, and
c)providing free environmental education on the water for 250 children per year.
3) Begin work on permission from the current owner to modify structures in a way that will bring them
into compliance.
Hoping the 12th will be a go.
Dave Herbster
407 893 3982
Details
Mitigation: To offset impacts associated with the proposed project and to demonstrate that the project
is clearly in the public interest (SJRWMD Applicant's Handbook 12.2.3), the applicant has provided the
following:
• Planting Spartina alterniflora facing the existing vertical seawall along the entire shoreline (103
linear feet).
• Donation of.2 acres of submerged bottoms owned by Sebastian Entertainment, that are located
immediately waterward of the vertical seawall at the subject parcel.
11/10/2009
Page 2 of 3
The Permittee has agreed to monitor the seagrass along the ingress/egress route annually for the
life of the facility. The seagrass monitoring plan will include a baseline survey with transect
locations within the route and along lateral lines 100 feet to the north and south of route.
Monitoring will comply with the approved procedures for site surveys in the Submerged Lands and
Environmental Resource Program, SLER 0945. Annual monitoring will be provided to the
Department and will be subject to verification by Department staff. The Permittee has agreed to
place floating buoys to delineate the ingress/egress route. The Permittee has agreed that if results
of the monitoring shows decreasing coverage or health of seagrass related to the adjacent areas,
that they will be responsible for implementing a mitigation plan that complies with the criteria in
373.414 F.S. and 62-345 F.A.C. The Uniform Mitigation Assessment Methodology will use a current
condition rating of the seagrass beds prior to installation of the subject commercial dock.
From: Rebecca Grohall [mailto:RGrohall @CityOfSebastian.org]
Sent: Friday, October 30, 2009 2:53 PM
To: Herbster, Dave
Cc: Prather, Lisa; Ammon, Pamela; Meyers, Alissa; Shipman, Joy
Subject: RE: Sebastian Development Corp aka Captain and the Cowboy
Ack :-) I was afraid it would be hard to get everyone together! I'll claim the 12th, if that's good for Lisa. My
schedule is fairly open into November.
From: Herbster, Dave [mailto:Dave.Herbster @dep.state.fl.us]
Sent: Friday, October 30, 2009 1:41 PM
To: Rebecca Grohall
Cc: Prather, Lisa; Ammon, Pamela; Meyers, Alissa; Shipman, Joy
Subject: RE: Sebastian Development Corp aka Captain and the Cowboy
Rebecca:
It will be hard, but we can do it. Our enforcement manager on this project, Pamela Ammon is on leave into
the 2"`i week in Nov. The first date I can see possibly working for Pamela and Lisa is Nov 12. It is open on
Pamela's calendar and appears to be open on Lisa's(though I will be on leave). Lisa will be in on Monday
and let us know if the 12th works for her. Does it work for you?
Please advise.
Dave Herbster
407 893 3982
From: Rebecca Grohall [mailto:RGrohall @CityOfSebastian.org]
Sent: Friday, October 30, 2009 9:38 AM
To: Herbster, Dave
Subject: RE: Sebastian Development Corp aka Captain and the Cowboy
Thank you Dave, I appreciate the clarification. I'll share your email with the City Manager, the current owner of
Seb. Dev. Corp and FCT staff.
I think our next step is a meeting. What is your availability next week? Is DEP staff available to come to
Sebastian? If you could coordinate the schedules involved for whichever DEP staff would be involved, I will
coordinate the schedules for City Staff.
From: Herbster, Dave [mailto:Dave.Herbster @dep.state.fl.us]
Sent: Thursday, October 29, 2009 4:48 PM
11/10/2009
Page 3 of 3
To: Rebecca Grohall
Cc: Garfein, Vivian; Prather, Lisa; Ammon, Pamela; Meyers, Alissa
Subject: Sebastian Development Corp aka Captain and the Cowboy
Rebecca:
I write in followup to our conversation yesterday and in response to your request for something in writing
from DEP re:the dock behind the former Captain and the Cowboy.
We understand that the City seeks funds from Fla.Community Trust to buy the facility as working
waterfront. In relation to that,you asked whether any of the existing overwater structures can stay. We
Y Y g
believe the Department could OK a structure similar to that authorized in 1983. This would involve modifying
the current dock into a pier. It would also involve:
1) Removal of structures that cannot be authorized
2) Bringing the remaining structures under lease with the State
3) Demonstrating that the project as a whole is in the public interest
Please note that the above list may not be all inclusive. Also note that this email does not release the current
owner from any liability to the State related to the unauthorized structures.
We are excited about discussing details with you and hopeful that we may soon see the pier modified and
brought under lease. If you have any questions, please give me a call.
Dave Herbster
407 893 3982
The Department of Environmental Protection values your feedback as a customer. DEP Secretary Michael W.
Sole is committed to continuously assessing and improving the level and quality of services provided to you.
Please take a few minutes to comment on the quality of service you received. Simply click on this link to the DEP
Customer Survey. Thank you in advance for completing the survey.
11/10/2009