HomeMy WebLinkAbout2010 02 09 DEP Wetland DeterminationMs. Janet C. Landau
c/o Andrew Selogy, Realtor
ReMax Crown Realty
945 Sebastian Boulevard, Ste 6
Sebastian, FL 32958
Florida Department of ChaGovernor
Governor
Environmental Protection IeffKottkamp
Lt. Governor
Central District Office
3.319 Maguire Boulevard. Suite 232 Michael W. Sole
Orlando, Florida 32803-3767 Secretary
Indian River County - ERP
File No. 31-299188 -001
Parcel 31-38-24-00001-2860-0015.0 - Sebastian
Informal Wetlands Determination
Dear Ms. Landau:
This is in response to your request for an informal wetland determination. Information you provided to
the Department indicates that the property is known as Parcel 31-38-24-00001-2860-0015.0, Indian River
County.
A site inspection was conducted on February 4, 2009. The property is located on the west side of the
street at 1557 Haverford Lane.
The property location and property boundary lines were determined using information submitted by the
applicant and the county property appraiser's web site and is only an estimate of the property location
and not a precise determination.
The east portion of the property is dominated by slash pine, Brazilian pepper, cabbage palm, and other
mostly non -wetland plant species and does not meet the definition or criteria to be classified as wetland
by the Department pursuant to Section 62-340 Florida Administrative Code (F.A.C.).
Development of the upland areas of this site for a single-family home will not require an Environmental
Resource Permit from this office.
A small band along the west property line of the site is dominated by laurel oak, Dahoon holly, cabbage
palm, swamp fern (Blechnum semilatum), Brazilian pepper, and other mostly wetland plant species,
contains hydric soil and or hydrologic indicators, and meets the definition and or criteria to be classified
as wetlands pursuant to Section 62-340 Florida Administrative Code (F.A.C.).
A wetland line was flagged indicating the upland/wetland boundary line with 5 pink flagging tapes
labeled "wetland delineation." For planning purposes you should have the wetland line surveyed and
indicated on your property survey.
Pursuant to Section 62-343.050 F.A.C. and Part IV, Chapter 373 Florida Statutes, any development and or
dredge/fill activity within the surface water or wetland areas at these properties will require an
Environmental Resource Permit from this Department, unless specifically exempt by law or rule. Please
contact Nicole Martin at 407-893-7865 with any questions regarding the permitting process. A permit
application can be obtained by calling the office at 407-893-7861 or from the Department's web site at
www.dej2.state.fl.us/water/wetlandsLLrR.
"More Protection Less Process"
www. dep.state. A us
Ms. Janet C. Landau
Page Two
The Army Corps of Engineers (321-5043771), and Indian River County (772-567-8000) may require
permits.
Dredeing- Excavation, by any means, in surface waters or wetlands, as delineated in subsection
373.421(1), F.S. Excavation also means the excavation, or creation, of a water body which is, or is to be,
connected to surface waters or wetlands, as delineated in subsection 373.421(1), F.S., directly or via an
excavated water body or series of water bodies (subsection 373.403(13), F.S.).
Filline-The deposition, by any means, of materials in surface waters or wetlands, as delineated in
subsection 373.421 (1), F.S. (subsection373.403 (14), F.S.).
In order to obtain a permit an applicant must meet the permitting conditions listed in Section 40C/E-
4.301 F.A.C. "Conditions for Issuance of Permits', and Section 40C/E-4.302 F.A.C. "Additional
Conditions for Issuance of Permits". The mere application for a permit does not guarantee that a permit
will be issued. The application request may be denied, or modified.
This is an informal pre -application jurisdictional determination pursuant to Sections 373 Florida Statutes
(F.S.). It does not bind the Department, its agents or employees, nor does it convey any legal rights,
expressed or implied. Persons obtaining this informal pre -application jurisdictional determination are
not entitled to rely upon it for purposes of compliance with Sections 373 F.S., nor any other provision of
law or Department rules. A binding jurisdictional determination may be obtained by petitioning the
Department for a jurisdictional declaratory statement pursuant to F.A.C. Rule 62-343.040 or by applying
for a dredge and fill permit. The results of this informal determination are valid for no more than 5 years
from the date of the site inspection.
Please contact me at the letterhead address or by calling 407/893-3310, between the hours of 7:00 a.m.
and 3:30 p.m., should you have any questions.
JL/df
Sincerely,
�caa CZAL
James B. Lee, P.W.S.
Environmental Specialist III
Submerged Lands and Environmental
Resource Program
Date: February 9, 2010
cc: Andy Sobczak, Indian River County Environmental Planning
Terry Hill, City of Sebastian Public Works
Rebecca Grohall, City of Sebastian (rgrohall@cityofsebastian.org)
Nicole Martin, FDEP