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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