HomeMy WebLinkAbout1998 - SWPP Grant Application (2)1
City of Sebastian
1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589 -5490 0 FAX (561) 589 -6209
SWPP GRANT APPLICATION
SEBASTIAN MAIN STREET
BOAT RAMP EXTENSION
el I
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF LAW ENFORCEMENT
SPECIAL WATERWAY PROJECTS PROGRAM
APPLICATION FORM
APPLICANT INFORMATION
1. Name of Applicant: City of Sebastian
2. Federal Employment Identification Number:
59- 6000427
3. Project Manager: Ms. Martha Campbell, P.E.
4. Title: City Engineer
5. Address: 1225 Main St. , Sebastian, FL 32958
6. Telephone: (561) 589 -5490
Fax:561- 589 -6209 Suncorn: 221 -5412
FINANCIAL INFORMA'T'ION
"FUNDS ARE TO DIRECTLY BENEFIT RECREATIONAL BOATERS
1. Total cost of proposed project.
$
48,450.00
2. Grant funds requested.
$
25,00.0-00
3. Local funds available.
a. Cash $ 10,950 00
b. In -kind $
C. Other $ 12,500 00 (FIND)
SUPPORTING DOCUMENTATION.
Submit the following itetns with your original application along with 3 application photocopies. Please note that
your application is incomplete and will not be processed until these items have been received:
X 1. Resolution authorizing that a designated representative has authority to apply for and administer the
grant on behalf of the applicant.
X 2. Boundary map of the project area. The map must provide a description and sketch of the project area
boundaries, displaying known easements, and be legally sufficient to identify the project area.
X 3. Color, on -site photographs sufficient to depict the physical characteristics of the project area. Aerial
photographs are also requested. Please mark approximate boundaries of the project site.
X 4. An 8.5 x I1 photocopy (project site vicinity only) of a current NOAA North American Datum 83 nautical chart
(provide the NOAH chart natne and number) indicating the precise location of the project site. NOAH charts may
be obtained from: Distribution Branch (N /CG33), NOAH- National Ocean Service, 6501 Lafayette Avenue,
Riverdale, Maryland 20737 -1199, (301) 436 -6990.
X 5. Latitude and longitude coordinates (indicating degrees, minutes, and seconds).
X 6. Site control documentation (e.g. deed, lease, results of title search, etc.) for the project site.
X 7. Photocopies of necessary project pernit(s) or permit application(s).
Page I of 5
PROJECT INFORMATION
1. Name of Project: Main Street Boat Ramp Extension
2. Project Category (check one): X Category I (Construction) Boating Access and /or Navigation.
(Please check all that apply to construction projects).
New _ Repairs Renovation /Expansion X
Category 2 (Non - construction) Other Boating - related activity.
3. Will this project be on land:
Owned by the applicant ?Uplands —Yes, Submerged Land — Leased
4. Project location:
Under site control by applicant?
Yes
Date site control expires: Submerged Land —May 2002
City Sebastian
County Indian River
Water body Indian River Lagoon
5. Legislative districts in whicli the project site is located:
State Senate 15th State House 80th
PROJECT DESCRIPTION
* *PROJECT IS TO DIRECTLY BENEFIT RECREATIONAL BOATERS
1. Briefly describe the proposed project. 11 lids is a Category 2 project, which is to fund a publication, boater's
guide or study, please outline the kinds of information to be included in the document (an attachment, not to
exceed one page may be attaclied). ,
The proposed project is to extend the Main St. Boat Ramp. The project
shall consist of extending the existing boat ramp 36 feet into the water.
Other elements of this project include using 36' of precast concrete slabs
which will be used to extend the existing boat ramp, preparing the sub-
merged soil by excavating and backfilling as needed, and driving sheetpiles
into the submerged soil around the perimeter of the submerged boat ramp
to prevent erosion of the soil located under the boat.ramp.
Page 2 of 5
2. Briefly describe how the project will address the following:
a. Enviromnental needs of the area. preventing e r o s i o n
This project provides environmental improvementroved area for launching
from under the boat ramp and by creating an app
boats. Erosion control is extremely important in maintaining
facilhealthy
ecosystem in the Indian River Lagoon. An approved
discourages people from creating their own ramps which leads to further
soil erosion and decimation of land along the river banks.
b. Boating safety needs of the area.
Due to the large number of boaters in Sebastian and the surrounding
region, safe launching facilities are very necessary. At p
there is a large deep hole at the end of the existing ramp. It is
this
impossible for boaters to launch
situation boats
foriboatersahavegaldifficult
hole. This creates a dangerous
time retrieving their trailers from out of this hole. Extending the
boat ramp will correct this dangerous situation. docurnents,engineering
3. Please explain the need for this project. Need sl►ould be based on studies, 1 g
opinions on existing conditions, or other similar documentation. Please reference this documentation in your
explanation of need.
The Main St. Boat Ramp is existing, and its need and use have been
all r
established. This ramp attracts users River Lagoonandeitsrcloseing
region due to its access t extension will attract
proximity to the Sebastian Inlet. The boat ramp
more users by making it easier and safer to use.
4. Please identify the number of motorized vessels tl►at will benefit from tills project.
Currently, there are 9,297 motorized vessels registered in Indian River
County. Approximately 50/ are docked at marinas or private piers.
5. Please answer tl►e following questions pertaining to your project:
a. llow will this project improve boating access?
This project will make launching boats easier and safer. At present,
it is difficult for ofathesramplauThle retrieve al►isto
the hole at the end
facility much more accessible to the public:
b. Are otber funding sources being used for this project? Sales T a x
The funding sources for this project include Discretionary
and the Florida Inland Navigation District.
c. What is the status of project permitting'? (Please check all that apply)
Permits Obtained Per►r►its Pending Plan to apply Permits not required
DEP Permits
Water Management
Permits
Local Permits
Federal Permits
Other:
U.S.A.C.O.E.
* X
X
X
X
* X
*Permits will be modified for new scope of work.
Pige 3 of 5
6. Please provide a cost breakdown on your project.
CATEGORY 1 - CONSTRUCTION PROJECTS: This cost breakdown should include detailed costs and fees
related to the construction of boat ramps , docking facilities or channel markers such as engineering and
permit fees, raw materials and cost of labor.
CATEGORY 2 - NON - CONSTRUCTION PROJECTS: This cost breakdown should include detailed costs and
fees related to publications, studies and boaters' guides.
Estimated Cost
TOTAL ESTIMATED PROJECT COSTS I zo
Please enter the total project cost amount on Page 1 in the Financial Information section, line item 1.
Page 4 of 5
Description
Estimated Cost
N
E
W
R
E
P
A
I
R
S
R
EXCAVATION
$ 5,000.00
E
MATERIALS
$ 24,450.00
N
LABOR
$ 15,500.00
O
EQUIPMENT
$ 4,000.00
V
A
I(Design
& Permits completed)`
O
N
S
TOTAL ESTIMATED PROJECT COSTS
$ 48,450.00
CATEGORY 2 - NON - CONSTRUCTION PROJECTS: This cost breakdown should include detailed costs and
fees related to publications, studies and boaters' guides.
Estimated Cost
TOTAL ESTIMATED PROJECT COSTS I zo
Please enter the total project cost amount on Page 1 in the Financial Information section, line item 1.
Page 4 of 5
7. Please include additional information you wish to be considered by reviewers in their evaluation of your
project.
The City of Sebastian has insufficient financial resources available
to meet its total water resource needs; therefore, this grant is
critical in order to create an accessible public launching facility.
The improvements to this ramp will greatly facilitate recreational
motorized boating on marine and estuarine waters within the state of
Florida. It will also aid in preservation of these waters by preventing
erosion and the inappropriate use of the shorelines.
** The Indian River Lagoon is home to more than 4,300 species of animals
and plants. There are many popular game fish which attracts many
boaters from all over the region. The Lagoon's populations of game
fish, manatees, sea turtles, wading birds, and dolphins make it the
most diverse estuary on Earth. Its preservation is essential.
I hereby certify that the information provided in this application is true and accurate. I further certify that I possess
the authority to apply for this grant on behalf of the applicant.
Aug. 28, 1998
Signature of Authorize epresentative Date
of Governing Body
U R LO. N-13M e, ( 561) 589 -5330
Printed name of Authorized Representative Telephone
Tide
7/13/98 SWPP
SEAL
Page 5 of 5
�r
s
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPI -LONE (561) 589 -5330 u FAX (561) 589 -5570
CERTIFICATION
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
CITY OF SEBASTIAN
I, Sally A. Maio, Deputy City Clerk of the City of Sebastian, Indian River County, Florida do
hereby certify that the attached is a true and correct copy of:
Resolution No. R- 98 -36, with the title as shown below:
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE, APPLY FOR AND
ADMINISTER, AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF SEBASTIAN,
A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SPECIAL WATERWAY
PROJECTS PROGRAM (SWPP) GRANT FOR THE MAIN STREET BOAT RAMP EXTENSION;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the City of Sebastian,
Indian River County, Florida, this 27th day of August, 1998.
Sally Miiy, CMC /AA
Deputy City Clerk
RESOLUTION NO. -98 -36
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE, APPLI' FOR AND ADMINISTER, AND THE CITY CLERK TO ATTEST,
ON BEHALF OF THE CITY OF SEBASTIAN, A FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION SPECIAL WATERWAY PROJECTS PROGRAM
(SWPP) GRANT FOR THE MAIN STREET BOAT RAMP EXTENSION; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian deems it in the best interest of the public
health, safety and welfare to extend the Main Street boat ramp; and
WHEREAS, the City of Sebastian has an opportunity to obtain a grant from the Florida Department
of Environmental Protection for die extension of the Main Street boat ramp; and
WHEREAS, the Florida Department of Environmental Protection requires a Resolution from the City
authorizing a designated representative to apply for and adnunister the grant on behalf of the applicant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section I AUTHORIZATION FOR CITY MANAGER The City Council of the City of
Sebastian hereby approves and authorizes the City Manager to execute, apply for and administer, and the City
Clerk to attest, on behalf of the City of Sebastian, a Florida Department of Environmental Protection Special
Waterway Projects Program (SWPP) grant for the Main Street boat ramp extension.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict here«ith are hereb),
repealed.
Section 3. EFFECTIVE DATE. This Resolution shall take effect immediately upon final passage.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember kUk L , and, upon being put to a vote, the
vote was as follows:
r'
Mayor Ruth Sullivan
Vice -Mayor Martha Wininger
Councilmernber Louise Cartwright
Councilmember Chuck Neubergcr
Councilmember Larry Paul
The Mayor thereupon declared this Resolution duly passed and adopted this o4�ay of
(2y 1 t 1998.
CITY OF SEBASTIAN, FLORIDA
By:
A S : Ruth Sullivan, Mayor
�CJO CM 4 CG7Ji C�
Kat}uyn M. O'Halloran, CMC /AA
City Clerk
(Seal)
Approved as to Fonn and Content:
City Attorney
2
MAIN STREET BOAT RAMP
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MAIN STREET BOAT RAMP
AERIAL VIEW
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FLORIDA
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(;tunl IId72, 29111 Ed., Selk 13197 ■
Published el Weshinglon, d. C.
U. S. UErATITMENT OF COMMEIICE
NAIIONAI OCEANIC ZONAL OCEAN C
PlIEnI EAOMINISNIATION
COAS1 SUIIVEY
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• Pile le
r g � SEBASTIAN INLET 5 t
I. 24 2 6� . a CAUTION I2.
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orn _ Slakes F Passage Iluough the Inlet Is not recoln-
p8 8 mended without local knowledge o1 all
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MAIN STREET BOAT RAMP
LATITUDE: 27'49104/ f
LONGITUDE: 80 °28 f 04
SUBMERGED LAND LEASE
MAIN STREET BOAT RAMP
SEBASTIAN, FLORIDA
MAIN STREET BOAT RAMP
PERMITS HAVE BEEN OBTAINED
FROM
THE FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
(FDEP)
AND
THE UNITED STATES ARMY CORPS
OF ENGINEERS
(USACOE)
(PERMITS WILL BE MODIFIED FOR NEW SCOPE OF WORK)
.t
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R FL
tpt0lf(fIUM +
Department of
A Environmental Protection
Central District
Lawton Chiles 3319 Maguire Boulevard, Suite 232
Governor Orlando, Florida 32803 -3767
:City of Sebastian
c/o Ms. Martha S.
City Engineer
1225 Main Street
Sebastian, Florida
Campbell, P.E.
32958
Please Respond to title:
Melbourne Office
13 East Melbourne Avenue
Melbourne, Florida 32901
NOTICE OF GENERAL PERMIT
File No.: 31- 125335 -001
Applicant: City of Sebastian
Dear Ms. Campbell:
Virginia 8. Wetherell
Secretary
This is to acknowledge receipt of your notice orr, July 9, 1991, of intent to use a noticed general permit to
add 140 square feet of accessory docks to an exiting boat ramp and restore the toe of the boat ramp by
placement of 50 cubic yards of coquina rock, pursuant to Rule 62- 341.417, F.A.C.
Based oil the forms, drawings (attached), and documents submitted /revised with your notice, it appears
that the project meets the requirements for the noticed general permit listed above. Any activities
performed under a noticed general permit are subject to general conditions required in Rule 62- 341.215,
F.A.C. (attached), and the specific conditions of Rule 62- 341.417, F.A.C. (attached); Any deviations
from these conditions may subject the pennittee to etrlbrcentent action and possible perAIties.
Please be advised that the construction phase of the noticed general permit must be completed within five I
years from the dale the police to use the noticed general permit was received by the Department. If you
wish to continue this noticed general permit beyond the expiration date, you must notify the Department
at least 30 days before its expiration.
In addition, your project occurs on state - owned, sovereign, submerged land and will require authorization
from the Board of Trustees of the Internal Improvement Trust Fund to use public property. As staff to
the Board of Trustees, we have reviewed the project as described for the Notice General Pernut (NGP),
and as long as the work performed is located within the boundaries as described in the NGP and is
consistent with the terms and conditions therein, we find your project qualifies for a consent to use
sovereign, submerged lands. As such, consider this letter to also constitute authorization front the Board
of Trustees of the Internal Improvement Trust Fund, pursuant to Chapter 253.77, Florida Statutes to
perform the activity.
"Protect. Conserve and Manage Florida's Environment and Natural Resources"
P
Prinlerl on recycled pnper.
f
City. o of Sebststistn
Pile No. J1425A -0011
Page 2 of 2
A copy of your notice also has been sent to the U.S. Army Corps of Engineers ( USACOE) for review.
t The USACOE may require a separate permit. Failure to obtain this authorization priot,to constniction
r could subject you to enforcement action by that agency. For further information, you should contact the
Merritt Island Office of the USACOE at 407 -453 -0210.
If you revise your project alter submitting the initial joint application, please contact us as soon as
possible. Also, if you have any questions, please contact Brian Poole at the letterhead address or call
(407) 984 -4800, between the hours of 8:00 a.m. and 5:00 p.m. When referring to this project, please use
the file number listed above.
Sincerely,
C LA'Y�
George Gionis
Environmental Administrator
Submerged Lands and Environmental
Resources Program
Date: g5
GG/bp /vq
Enclosures:
Specific Conditions for NGP 62- 341.417
General Conditions 62- 341.215
General Consent Conditions
Drawings
cc: U.S. Army Corps of Engineers, Merritt Island
Bonne Wilson
r
• AMY ' r
REPLY TO
�! ATTENTION OF kUUUTT ISLAND RJZ6ULJktbRY rtgLb 6FFtC2
2460 NORTH COURTENAY BARPO�AY, SUITE 101, MERRITT ISLAND, FLORIDA 32953
bV- 0AhfMkNT 0P NE AnmV
JACKSONVILLE DISTF1fCT COMP$ O0 ENOINEEAS
P. 0. BOX 4970
JACKSONVILLE, FLORIDA 32232-0019
NATIONWIDE VERIFICATION
ACTION ID: 1998- 0�551(NW -EB) COUNTY: INDIAN RIVER
......» ..................._................._..........».........................._..........._........._....._................ ._......._.........»........... _.._.........:. _..
PROPERTY OWNER: City of Sebastian, c/o Hs. Martha 3. Campbell
ADDRESS: 1225 Main Street, Sebastian, Florida 32958'
TELEPHONE NUMBER: 561- 589 -5490
........................ _._ ......................................................................................... ... _ ...... _ ... _ ............ a.. ... .. .... .. ......... _ .............................. __...................................
................................. .......................... _ .................................................... _._............................................................................
LOCATION OF PROJECT WATE.RIW: INDIAN RIVER
SECTION 6 TOWNSHIP 31 SOUTH RANGE 39 EAST
ADDRESS: Main Street Boat Ramp
.......... .. ....... ... ................ ... ............ .. .............................................. _ ............. ............. » ...................................................... _.........................................................
DESCRIPTION OF ACTIVITY: Restore the toe of an existing boat ramp by placement of
50 cubic yards of coquina rock. Reinforce existing seawall with sand bags.
Extend two existing finger piers adjacent to boat dock by 10 -feet.
......................................................................................................................................................................_....._..._................................ _............................_.
............................. ............................._.
..................................................... ...................... .. ................... _.._.... ... _._ ................................. _ .....................
........_...
:AUTHORIZATION: Nationwide Permit Number: NW -3 MAINTENANCE
.............................................. ............................... ............................................................................................................................ ..............................t
This verifies that your proposal is authorized by this nationwide Permit in
accordance with the enclosed copy of our regulatidns as stated in 33 CFR Part 330,
Appendix A. This verification is valid for two years from the date of this letter,
unless this nationwide permit is modified, reissued, or revoked. It is incumbent on you
to remain informed of changes in these nationwide permits. We will issue a public
notice announcing any changes when they occur.
In the event that you have not completed construction of your project within the
two year construction window, reverification under this nationwide permit wi11 be
required. A separate Department of the Army permit is not required providing the work
is done in accordance with the drawings and information as provided in your application,
the conditions listed in 33 CFR part 330, Appendix A. subparagraph C (Nationwide Permit
Conditions), and any appropriate regional conditions enclosed.
This letter does not obviate the requirement to obtain any State or local permits
which may be necessary for your proposed work. You should check State permitting
requirements with the Florida Department of Environmental Protection or the appropriate
water management district.
If there are any questions regarding this authorization or any of the r
conditions of the General Permit or Nationwide rmit,. -p eas contact the Corps
Merritt Island Regulatory Office at 246 Nor Court6nay P ay, Suite 101, Merritt
Island, Florida 32953 or by telephone (407 5 X0210.
Regulatory Official: Elizabeth iobop Telephone Number: 407- 452 -8813
Issue Date: 05/20/98 F4iratioa/Da�4 of Verification: May 20, 2000
SUBMERGED LAND LEASE
MAIN STREET BOAT RAMP
SEBASTIAN, FLORIDA
I
Lawton Chiles
Governor
Department of
Environmental Protection
Mr. Toni Frame, City Manager
City of Sebastian
1225 Main Street
P.O. Box 780127
Sebastian, Florida 32958-0127
File Number: 310031934
Applicant: City of Sebastian
Dear Mr. Frame:
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399 -3000
May 16, 1997
61� .Ng1920,21�
CA
t'i�y 1991 NN
rn
��i11r!d N
e `'/mP Ca1
�1:ZL i
Virginia B. Wetherell
Secretary
You are hereby granted authorization to continue operation of the existing fishing pier, as shown and depicted on the
attached drawing, located on the west bank of the Indian River at the intersection of Main Street and Old Dixie
Highway, within the city limits of the City of Sebastian, located in Section 06, Township 31 South, Range 39 East, in
Indian River County, Florida.
The determination that this recreational fishing pier qualifies for a letter of consent to use state -owned submerged
lands was based upon the fact that the pier is not revenue - generating, is open to the public without charge, is
operated by a municipal government, and meets the preempted area requirements (10:1) of section 18- 21.005(1)2,
Florida Administrative Code. This authorization is conditioned upon:
The fishing pier shall be for the sole benefit of the users of the upland facility, and any fee charged for use
of the approved facility shall be nominal and used exclusively for maintenance of the facility. Prior to the
approved facility becoming a revenue - generating /income - related activity as defined in Section 18-
21.003(42), F.A.C., the grantee and /or successor will be required to obtain a submerged land lease and be
assessed a fee for use of the sovereignty, submerged land; and
2. Acceptance of and compliance with the enclosed General Consent Conditions.
Please consider this the authority sought under Section 253.77, Florida Statutes, and Chapter 18.21, Florida
Administrative Code, to pursue this project.
This letter of consent 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. We appreciate your cooperation. If you have any
questions, please contact Tom Butler at the letterhead address or at 904 -488 -2291, extension 146 (Suncom 278-
2291).
Sincerely,
Daniel T. Crabb, Chief
Bureau of Land Management Services
TB /tb
Enclosures: General Consent Conditions
Drawing of Consent Area
"Protect, Conserve and Manage Florida's Environment and Natural Resources"
Printed on recycled paper.
Submerged Lands & Environmental Resources Program
General Consent Conditions
File No. 310031934
Page Two
8. All costs, including attorneys' fees, incurred by the Board in enforcing the terms and
conditions of this consent shall be paid by the Grantee. Grantee agrees to accept
i service by certified mail of any notice required by Chapter 18 -14, Florida
Administrative Code, at the address shown on page one of this Agreement and
further agrees to notify the Board in writing of any change of address at least ten
days before the change becomes effective.
9• Grantee agrees to assume responsibility for all liabilities that accrue to the
sovereignty submerged land or to the improvements thereon, including any and all
drainage or special assessments or taxes of every kind and description which are
now or may be hereafter lawfully assessed and levied against the property during the
effective period of this consent.
10. Grantee agrees that any dispute arising from matters relating to this consent shall be
governed by the laws of Florida and initiated only in Leon County, Florida.
11. The Letter of Consent associated with these General Consent Conditions as well as
these conditions themselves are subject to modification after 5 years in order to
reflect any applicable changes in statutes, rule or policies of the Board or its
designated agent.
12. In the event that any part of the structure(s) consented to herein is determined by a
final adjudication issued by a court of competent jurisdiction to encroach on or
interfere with adjacent riparian rights, Grantee agrees to either obtain written
consent for the offending structure from the affected riparian owner or to remove the
interference or encroachment within 60 days from the date of the adjudication.
Failure to comply shall constitute a material breach of this consent and shall be
grounds for its immediate termination.
r+.
DEPARTMENT OF ENVIRONMENTAL PROTECTION
SUBMERGED LANDS & ENVIRONMENTAL RESOURCES PROGRAM
GENERAL CONSENT CONDITIONS
File No. 310031934
1. No activities other than those set forth in the attached letter dated May 16, 1997_
are authorized. Any additional activities on state -owned sovereignty submerged
lands must receive further consent from the Governor and Cabinet, sitting as the
Board of Trustees of the Internal Improvement Trust Fund (hereinafter the 'Board ")
or their properly designated agent.
2. Grantee agrees that all title and interest to all lands lying below the historical mean
high water line or ordinary high water line are vested in the Board, and shall make
no claim of title or interest in said lands by reason of the occupancy or use thereof.
3. Grantee agrees to use or occupy the subject premises for those purposes specified
herein, and Grantee shall not permit the premises or any part thereof to be used or
occupied for any other purpose or knowingly permit or suffer any nuisances or
illegal operations of any kind on the premises.
4. Grantee agrees to maintain the premises in good condition in the interest of the
public health, safety and welfare. The premises are subject to inspection by the
Board or its designated agent at any reasonable time.
5. Grantee agrees to indemnify, defend and hold harmless the Board and the State of
Florida from all claims, actions, lawsuits and demands arising out of this consent.
6. No failure, or successive failures, on the part of the Board to enforce any provision,
waiver or successive waivers on the part of the Board of any provision herein, shall
operate as a discharge thereof or render the same inoperative or impair the right of
the Board to enforce the same in the event of subsequent breach.
7. Grantee binds itself and its successors and assigns to abide by the provisions and
conditions set forth herein. In the event Grantee fails or refuses to comply with the
provisions and conditions of this consent, the consent of use may be terminated by
the Board after written notice to the Grantee. Upon receipt of such notice, the
Grantee shall have thirty (30) days in which to correct the violation. Failure to
correct the violations within this period shall result in the automatic revocation of
this Letter of Consent.
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FILL TO BE TRUCKED IN AND
PLACED BY DOZER BEHIND DIKES
CONSTRUCTED BY DRAGLIN
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LLOYD AND ASSOCIATES
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4g•0' a SECTION 6 ,TOWNSHIP 31 S. RANGE 39 E.
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PROPOSED CHANNEL
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O
INDIAN RIVER
gyp.. INDIAN RIVER COUNTY , FLA.
s --p /L
CITY OF
SEBASTIAN, FLORIDA
CITY HALL
SEBASTIAN, FLORIDA
SHEET 1 OF 2
11--
I
NO. 310031934
59'7340
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LAND LEASE RENEWAL
THIS LEASE is hereby issued by the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida, Lessor, hereinafter referred to as the
Lessor.
WITNESSETH: That for and in consideration of the faithful and timely performance
of and compliance with all terms and conditions stated herein, the Board does hereby
lease to CITY OF SEBASTIAN
Z ap hereinafter designated as the Lessee, the sovereignty lands as described as follows:
ahrn
F—:N N
cn C9 A parcel of sovereignty submerged land in Section(s) 06 Township
m
Co_ -. 31 SOUTH , Range 39 EAST in INDIAN RIVER
W ~. INDIAN RIVER County, containing 2,000 square feet,
U),x Z more or less, of sovereignty lands, more particularly described and shown on
0 m F-
O Q
p Attachment A.
} O
U W TO HAVE THE USE OF the hereinafter described premises for a period of five
2. The Lessee, in accepting this lease, does hereby agree that no claim of title
or interest to said lands hereinbefore described shall be made by reason of the
occupancy or use thereof; that all title and interest to said land hereinbefore
described are vested in the Board.
3. The lease granted to the named Lessee shall not be subleased, assigned or
otherwise transferred without prior written consent of the Board or its duly authorized
agent. Any sublease, assignment or other transfer without prior written consent of the
Board shall be null and void and without legal effect.
4. This lease is given to the Lessee to use or occupy the leased premises for
those purposes specified herein. The Lessee shall, within ten days prior to any change
in the approved use of the sovereignty lands or the associated upland activity, notify
the Lessor in writing of the proposed changes whereupon the Lessor shall be authorized
to assess and prorate fees pursuant to Chapter 18 -21, if applicable.
5. The Lessee shall not permit the leased premises or any part thereof to be
used or occupied for any purpose or business other than herein specified unless such
proposed use and occupancy are consented to by the Lessor and the lease is modified
accordingly, nor shall he knowingly permit or suffer any nuisances or illegal operations
of any kind on the leased premises.
6. The Lessee agrees to maintain the leased premises in good condition, keeping
the structures and equipment located thereon in a good state of repair in the interests
of public health, safety and welfare. No dock or pier shall be constructed in any
manner that would cause harm to wildlife. This includes practices such as, but not
limited to, placing sharpened spikes or nails on the tops of pilings to prevent pelicans
from roosting. The Lessee agrees that the leased premises are subject to inspection by
the Lessor or its designated agent at any reasonable time.
n Q Ain Pn 0500
years from
JUNE 17,
1986 , the effective date
of this lease.
The terms and
conditions
on and for
which this lease is granted are
as follows:
z
1.
The Lessee
is hereby authorized to operate
exclusively A
PIER AND
BOAT RAMP
, WITHOUT
fueling facilities,
WITHOUT
sewage pumpout facilities, and WITHOUT
liveaboards,
as shown in
Attachment
A, and the
Department of Environmental Regulation Permit
No. 31 -39- 3193 -M
dated AUGUST 2, 1977
, Attachment B.
,
2. The Lessee, in accepting this lease, does hereby agree that no claim of title
or interest to said lands hereinbefore described shall be made by reason of the
occupancy or use thereof; that all title and interest to said land hereinbefore
described are vested in the Board.
3. The lease granted to the named Lessee shall not be subleased, assigned or
otherwise transferred without prior written consent of the Board or its duly authorized
agent. Any sublease, assignment or other transfer without prior written consent of the
Board shall be null and void and without legal effect.
4. This lease is given to the Lessee to use or occupy the leased premises for
those purposes specified herein. The Lessee shall, within ten days prior to any change
in the approved use of the sovereignty lands or the associated upland activity, notify
the Lessor in writing of the proposed changes whereupon the Lessor shall be authorized
to assess and prorate fees pursuant to Chapter 18 -21, if applicable.
5. The Lessee shall not permit the leased premises or any part thereof to be
used or occupied for any purpose or business other than herein specified unless such
proposed use and occupancy are consented to by the Lessor and the lease is modified
accordingly, nor shall he knowingly permit or suffer any nuisances or illegal operations
of any kind on the leased premises.
6. The Lessee agrees to maintain the leased premises in good condition, keeping
the structures and equipment located thereon in a good state of repair in the interests
of public health, safety and welfare. No dock or pier shall be constructed in any
manner that would cause harm to wildlife. This includes practices such as, but not
limited to, placing sharpened spikes or nails on the tops of pilings to prevent pelicans
from roosting. The Lessee agrees that the leased premises are subject to inspection by
the Lessor or its designated agent at any reasonable time.
n Q Ain Pn 0500
7. The Lessee hereby covenants and agrees to investigate all claims of every
nature at its expense, and to indemnify, defend and hold and save harmless the Board of
Trustees of the Internal Improvement Trust Fund and /or the State of Florida from all
claims, action, lawsuits and demands arising out of this lease.
8. Renewal of this lease shall be at the sole option of the Lessor. Such
renewal will be subject to the terms, conditions and provisions of management standards
and applicable laws, rules and regulations in effect at that time. The Lessee shall be
allowed a 30 -day grace period after expiration of this lease to apply in writing for a
renewal. If the Lessee fails to apply for a renewal within the grace period, or in the
event the Board does not grant a renewal, the Lessee shall vacate the leased premises
and remove all structures and equipment occupying and erected thereon at his expense.
9. The Lessee agrees that upon expiration or cancellation of this lease, unless
renewed, all permission granted to use, occupy and operate the facility, as described in
item 1 of this lease, upon the lands as described in Attachment A shall cease and
terminate.
10. If the Lessee does not remove said structures and equipment occupying and
erected upon the leased premises within 180 days after expiration or cancellation of
this lease, such structures and equipment will be deemed forfeited to the Board, and the
Board may authorize removal and may sell such forfeited structures and equipment after
ten (10) days written notice by certified mail addressed to the Lessee at the address
specified in item 12 or at such address on record as provided to the Lessor by,the
Lessee.
11. Any costs incurred by the Board in removal of said structures and equipment
shall be paid for from the proceeds of sale of such structures and equipment. If funds
derived from the sale of structures and equipment are insufficient to pay removal costs,
the Board shall have, and is hereby granted, lien upon the interest of the Lessee in its
uplands enforceable in summary proceedings as by Law provided.
12. No failure, or successive failures, on the part of the Board to enforce any
provision, nor any waiver or successive waivers on its part of any provision herein,
shall operate as a discharge thereof or render the same inoperative or impair the right
of the Board to enforce the same upon any renewal thereof or in the event of subsequent
breach or breaches.
13. That the Lessee, by acceptance of this lease, binds itself, its successors
and assigns, to abide by the provisions and conditions herein set forth, and said
provisions and conditions shall be deemed covenants of the Lessee, its successors and
assigns. In the event the Lessee fails or refuses to comply with the provisions and
conditions herein set forth, or in the event the Lessee violates any of the provisions
and conditions herein, this lease may be terminated by the Lessor after notice in
writing by certified mail to the Lessee. Upon receipt of such notice, the Lessee shall
undertake to correct such noncompliance(s) or violation(s) for which the Lessor has
given notice within thirty (30) days of receipt of the notice or the Lessor, at its
option, shall be entitled to cancel this lease and, if cancelled, all of the
above - described parcel of land shall revert to the Board. All costs, including
attorneys' fees, incurred by the Board to enforce this provision shall be paid by the
Lessee. The Lessee, by acceptance of this lease, agrees to accept service by certified
mail of any notice required by Chapter 18 -14, Florida Administrative Code, at the
following address:
CITY OF SEBASTIAN
1225 MAIN STREET
POST OFFICE BOX 780127
SEBASTIAN, FLOIRDA 32958 -0127
The Lessee agrees to notify the Lessor by certified mail of any change to this address
at least ten (10) days before the change is effective.
Page 2 of 12 Pages
Sovereignty Submerged Lands Lease No. 310031934
n n non not- n F n i
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14. The Lessee agrees to assume all responsibility for liabilities that accrue to
the subject property or to the improvements thereon, including any and all drainage or
special assessments or taxes of every kind and description which are now or may be
hereafter lawfully assessed and levied against the subject property during the effective
period of this lease.
15. The Lessee agrees that no vessel required to be registered or titled under
Florida law shall be allowed to moor or dock within, or otherwise use the leased area
unless such vessel is registered or titled in accordance with Chapter 327 and 328,
Florida Statutes.
16. The State Lands Supervisor, Bureau of Submerged Lands Management, shall be
the Contract Manager.
17. The Lessee, at its own expense, shall record this lease and any subsequent
approved renewal and /or modified leases in the official records of the county within
which the lease site is located within ten (10) days after receipt of a fully executed
copy of this lease, and shall provide the Lessor with a copy of the recorded lease
indicating the book and page at which the lease is recorded.
18. NOTICE: The erection of any permanent or temporary structures, including but
not limited to additions to the approved structures, fences, docks or pilings, or any
structure whose use is not water - dependent, without consent or authority from the Board,
shall be a violation of Chapter 253, Florida Statutes, and subject to administfative
fines under Rule 18 -14, Florida Administrative Code,
19. At all times during the term of this lease, the Lessee shall maintain a fee
simple or title interest in the upland property and if such interest is terminated, at
the option of the Lessor, the lease may be terminated. Prior to sale and or termination
of the Lessee's fee simple or title interest in the upland property, Lessee agrees to
inform any potential buyer of the Lessee's upland property and or title interest of this
lease and all its terms and conditions and to complete and execute any documents
required by the Lessor to effect an assignment of this lease, if consented to by the
Lessor. Failure to do so will not relieve the Lessee from responsibility for full
compliance with the terms and conditions of this lease.
20. The Lessee hereby agrees not to discriminate against any individual because
of that individual's race, color, religion sex, national origin, age, handicap, or
marital status with respect to any activity occurring within the area subject to this
lease or upon lands adjacent to and used as an adjunct of the leased area.
21. Lessor and Lessee agree that Lessor has venue privilege as to any litigation
arising from matters relating to this lease. Therefore, any such litigation between
Lessor and Lessee shall be initiated only in Leon County, Florida.
22. This lease is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification . to this lease must be in
writing and must be accepted, acknowledged and executed by the Lessee and Lessor.
23. I.n the event that any part of any structure authorized hereunder is
determined by a final adjudication issued by a court of competent jurisdiction to
encroach on or interfere with adjacent riparian rights, Lessee agrees to either obtain
written consent for the offending structure from the affected riparian owner or to
remove the interference or encroachment within 60 days from the date of the
adjudication. Failure to comply with this paragraph shall constitute a material breach
of this lease agreement and shall be grounds for immediate termination of this lease
agreement at the option of Lessor.
24. Upon adoption of a rule or policy for "fee- waived" leases that requires
affected Lessees to provide a Certified, Sealed Survey acceptable to the Lessor, the
Lessee agrees to provide such documentation prior to any future renewal and hereby
recognizes that failure to do so shall result in termination of this lease.
Page 3 of 12 Pages
Sovereignty Submerged Lands Lease No. 310031934
0. R. 830 PG 0502
,,.
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WITNESSES':
STATE OF FLORIDA
COUNTY OF LEON
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA 4
BY
Chief, Bur au of Submerged Land
Managemen , Agent for the Board
of Trustees of the Internal
Improvement Trust Fund
JB, 9 ,Xne, personally appeared L to me well known and known to
me tb`Eie.the:.�,�sort who executed the f oreg6lng instrument, and acknowledged to and
before `m_,tha.t ;h',executed said instrument for the purposes therein expressed.
.:-WITNESS my hand and official seal, this c, % day of ,
A.D.
APPROVn ;: •TO RORM AND LEGALITY lj—� Z
Notary Public
State of Florida at Large
DNR 'Attorney'
i E
DNR W atract Mana er
Accepted this 2
(SEAL)
day of March
WITNESSES:
f
i
I
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
My Comm iss on xpires.
Notary Public, Stet,, of F6xicla
�y Ce:,►u�irsicn Cxi�:r,_� I::.; E., 1':1 �
Bonded Thru Troy Fain Insurance Ino.
CITY OF SEBASTIAN
Lesse
Original Authorized Signature
MAYOR
Title of Executing Authority
Before me personally appeared Richard B. Vota pka to me well known and
known to me to be the person who executed the foregoing instrument, and acknowledged to
acrd „before me that he executed said instrument for the purposes therein
g? . essed.
r, `( A R )W *'NESS my hand and official
1jx{ Gor mission .Expires.
11otary Public, State of Florldd
.'. "1�1 Cp:,nT:isa'sr.r: Ci:y,irzs Dec, iB, 19 92
�` Aondcd Ihry troy fain Imvrunce Inc r
seal, this ,2/711 day of /L %11 C // ,
Page 4 . of 12 Pages
Sovereignty Submerged Land Lease No.
'Notary Public
State of Florida at Large
310031934
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CITY OF
SEBASTIAN
PROJECT '\
0 I 2 3 4
SCALE IN MILES
MAIN STREET —\
f � y
N 830 25 31 "E
386.77'
o
Nom,
•�J -O O Nom.
APPROXIMATELY - f-&6@-cu.yds.%5\•
MATERIAL TO BE REMOVED 0
FROM CHANNEL BY DREDGE OR Q
DRAGLINE AND PLACED IN p�
SPOIL AREA. REMAINDER OF
FILL TO BE TRUCKED IN AND
PLACED BY DOZER BEHIND DIKES
CONSTRUCTED BY DRAGLI
N 82018 31" E
CERTIFIED BY:
Robert F. Lloyd, P. E.
LLOYD AND ASSOCIATES
VERO BEACH, FLORIDA
Attachment A
Page 5 of 12 Pages
SSLL No. 310031934
0.5
`k
ON
s
v� 1k
I.o Ep,.,ao
/ •, PRpP�� x � . 3.5
g0 x �3.0
0 50 100 1 200
6 N,P,/ SCALE
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N .CR ATED �U
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1.5 2 r
55 C
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62
-7() 75 48.0' N SECTION 6 ,TOWNSHIP 31 S. RANGE 39 E.
�2 1) 0
�
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V\ (p .
PROPOSED CHANNEL,
BULKHEAD AND PIER
INDIAN RIVER
INDIAN RIVER COUNTY , FLA.
CITY OF
SEBASTIAN, FLORIDA
CITY HALL
SEBASTIAN, FLORIDA
SHEET I OF 2
t1_ R_ Win Do
ni;nn
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92
NW Cor. Govt Lot 5
O
Sec. 6 -31 -39
EGG
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MAIN STREET —\
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N 830 25 31 "E
386.77'
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Nom,
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APPROXIMATELY - f-&6@-cu.yds.%5\•
MATERIAL TO BE REMOVED 0
FROM CHANNEL BY DREDGE OR Q
DRAGLINE AND PLACED IN p�
SPOIL AREA. REMAINDER OF
FILL TO BE TRUCKED IN AND
PLACED BY DOZER BEHIND DIKES
CONSTRUCTED BY DRAGLI
N 82018 31" E
CERTIFIED BY:
Robert F. Lloyd, P. E.
LLOYD AND ASSOCIATES
VERO BEACH, FLORIDA
Attachment A
Page 5 of 12 Pages
SSLL No. 310031934
0.5
`k
ON
s
v� 1k
I.o Ep,.,ao
/ •, PRpP�� x � . 3.5
g0 x �3.0
0 50 100 1 200
6 N,P,/ SCALE
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N .CR ATED �U
O w JAN ARY 6, -'
1.5 2 r
55 C
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\ -.0
62
-7() 75 48.0' N SECTION 6 ,TOWNSHIP 31 S. RANGE 39 E.
�2 1) 0
�
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V\ (p .
PROPOSED CHANNEL,
BULKHEAD AND PIER
INDIAN RIVER
INDIAN RIVER COUNTY , FLA.
CITY OF
SEBASTIAN, FLORIDA
CITY HALL
SEBASTIAN, FLORIDA
SHEET I OF 2
t1_ R_ Win Do
ni;nn
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1
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MLW
PROPOSED PIER EL. 5'_n -�
11 11 11 11/111 Ili I I 111
EXISTING BOTTOM ELE�lA I IuN
No Scale
A
----- - - -- -- - -- - - - - -- 300
PLAN
No Scale A
PROPOSED PIER BULKHEAD -
(3 "x 10 "STRINGERS
r2 "x 8 "DECKING ,-ELEV. 5.0
112 x .(- x 8 PRECAST CONC. I
M_H W. 0.9
M.L.W. 0.0 �
10" CONC. PILE+
M. H. W. 0.9 EXISTING -BOTTOM
M. L.W. 0.0 PROPOSED CHEL
BOTTOM —4.0 M.ANNL.W.
_ EXISTING BOTTOM
SECTION A -A
' No Scale
ELEV. 5.0
RIPRAP
M. H. W. /
SLOPE G 3: 1
M H W 0.9 L- /
LW�D,O
'EXIS OT 0
EL. -1.0 ! -
Attachment A
Page 6 of 12 Pages
SSLL No. 310031934
I _ 50, I
PROPOSED CHANNEL
TYPICAL SECTION
' No Scale
FILL. AREA TO BE U5ED AS PUBLIC RECREATION
AREA. NO STRUCTURES TO BE BUILT ON FILL AND
NO :=UEL5 WILL BE HANOL Q.
7 - LL �� 77
FI �� / R
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PROPOSED R I PR A P
TYPICAL SECTION
No Scale
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A parcel of state -owned submeroed lard in the Indian Rive_ in'
Section 6, Township 31 South, Rance 39 East, City of Sebastian,
Indian River County, Florida, more particularly described as
follows:
From the Northwest corner of Government Lot 5 of said Section
6, run South along the West boundar<t of said Government Lot 5,
a distance of 362.06 feet to the South right of way of Main
Street, said right o_` way being 80.00 feet in width; thence
run North 63 °25131" East, a distance of 386.77 feet to the
West right of way of the Old Dixie Y.ichway; thence run South
25 029'29" East along said right of way, a distance of 235.00
feet; thence run North 62'18'31" East, a distance of 116.75
feet. to the West bank of the Indian River; thence meandering
North 25 °33'51" West, a distance of 295.12 feet along the shore
line of the Indian River through Block 2 of Carroll Roberts
Subdivision to the North right of way of Old Main Street, said
Old Main Street having a right of way cf 60.00 feet; thence run
North 63 °56'09" East, a distance of 170.62 feet to the Bulkhead
Line as established; said point being the Point of Beginning;
.hence continue North 6-1'56'09" East, a distance of 194 feet,
more or less; thence run North 25°33'51" West,' a distance of i10
feet; thence run-North 63 °56'09" East, a distance of 16 feet;
thence run South 25 °33'51" East, a distance of 28 feet; thence
run South 63 056109" West, a distance of 210 feet, more or less;
..hence run North 25 033'51" West, a distance of 8 feet, to the
Point of Beginning; containing 2000 square feet, more or less.
Note: The submerged lands within the Bulkhead Line appear to
be privately owned.
ATTACHMENT A
PAGE 7 OF 12 PAGES
SLL NO. 310031934
n_ R_ Ain pn n�nn
REUBIN O•D. ASKEW
GOVERNOR
CTATC Or CI .rl^.�'✓lC.�.
DEPARTMENT OF ENVIRONMENT -AL REGULATION
2562 EXECUTIVE CENTER CIRCLE. EAST
MONTGO.MERY.BUILDING
TALLAHASSEE, FLORIDA 32301
Aucust 3, 1977
JOSEPH W. LANDERS. JR.
SECRETARY
CERTIFIED
City or
c/o R. P. I..
Llo�� -, & '_�sociates
1£35 - ?.li`h Street '
Vero Beach, :'loriOta 33"FC:
Gent-le, en:
Pewit I:o. 31 -33 31 TnFian River County
A^Dlicant: City of Schastian
Per1it
forms and a
placard are enclosed for this prOject.
Please execute both ccD�es of the Derml and return one to'
this office by certified Nail crit�.1 15 Gays of orl epee f
t render the permit void. S,'or:: uer_o�-:�►ed
Failure o co so will r
he sicned placard
pursuant to a per, pit is not vatic unless t. _
is posted in a conspicuous location ct:ring the entire perOd
of work. The Dlacard must be returned to the local dist =ict
office upon comPleticn of the authorized work.
1 fifteen (15) days fr°m
You should be aware that she law a__o�s - he
department- for t
date of execution cf the ue ^i t by the cEpc'. � .
the - or rn�-�rc. ^.; rental
filing or appeals with the Governor and Cabinet,
of this denar":ent on
Regulation C07-miss ior, regarding cecisiens V worms
�__
?� and 403, Florida Sautes.
permits under Chapter 53, Y g of the f
prior to the pas
fifteen -nay period is
cor„nencec _
undertaken at your o,-n risk.
Execution. of the enclosed permit constitutes notice agreener.t
,� �' bE a: appeal o_` -he issuance of th permit,
that should there y ,y d tv the permit un': i;
; tom :ill cease all work author--
_ ,, .
the permit tee , further, . ••a
a final
dispos�Licn cr -such appeal has occurred and
.- -+ �'tiOr 12E4
Periodic nspection o`
the �rork can be conduc�ec by 4u�•-
�-he Departnent of En`.rircr.:1ental Regule.uo" as
representatives o_ nt officers of the state.
well as duly authorizer. lake enforce..e, o�_
Sincerely,
RJT /p
Enclosures
DER Form PM-1, 16 -3 (liar 77)
ATTACHMENT B
PAGE 8 OF 12 PAGES
SLL NO. 310031934
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T . Jean. •an _r
Section
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Y.
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
APPLICANT: PERMIT /CERTIFICATION
City- of Sebastian NO.: 31- 39- 3193 -f•i
C/C R. T'. Llo -d, J'. PLACARD SERIAL NO.: 07250
Llcwd b Arsociatcs COUNTY: Indian Rivcr
1313 - 20th Street
PROJECT: Drcc3cic and Construction
Vero Beech, riorida 32960
This permit is issued under the provisions of Chapter 253 and /or Chapter 403, Florida Statutes, and rules or the
Department of Environmental Regulation hercinniter cr,!lcd the 'Department. If a federal permit is required I u,
activity pursuant to Public Law 02.500, this also certifies that the project described heloaw and rlrl,mitrcl tr., u,r
stated conditions will comply with the applicable 1'.; ;ter Quality Standards of the mats of Florida. Thar aho.v n:t „rtf
Applicant, herrrttafter ralled 1'rrmillrr, is hrn•hv authnn.•:e to perform the work shown on the applo'.wd nr;rt:unlr ;r
attached hrrrto and mark a part hereof and specifically no critxd as follows:
To dre6ae a channel 50 feet by 400 feet by -4 feet mean log:
water by removing 2,200 cubic yards of sovereignty material
to be placed on cit=y upland; construct about 400 feet of
rinrap seawall at the mean high water line, a 40 -foot t ^:ide
boat ramp and a 360 -foot long concrete pier occupying 3,200
square feet of sovereignty submerged land and creating
temporary uocl:acjc for appro: :imatcly 30 bouts ; and rvill eve nn
existing pier.
:,;odification: To add two 40 -foot long by 40 -inch aside
concrete landing piers adjacent to the launching ramp.
Location: City n 'arina, Indian River, City of Sebastian,
Indian River County, Section 6, Township 31 South, Ranae
39 East, not in an ac-uatic nreservc.
GENERAL CONDITIONS:
1. Unless specifically stated otherwise, the work authorized by this Permit shall be valid for a three (3) ve;;r
period that shall commence upon receipt by the Permittee of all governmental ;ruthorizations, state and ieder:,i. Tl;,;
Department may revoke this Permit if the Permittee faas to use due diligence in obtaininn such required cover-
mental authorizations. Furthermore, this Permit shall not relieve the Permittee from the requirement of ob ;ainin;
permits from and complying with lawful renuirements imocseo by the U.S. Army Corps of Engineers. ICCa! govern-
ment agencies, or the Florida Department of Natural Rescurc:s and applicable ICC31, state and federal la•.v.
2. This permit shall be properly executed and bird'Ing under the law when the copy of this Permit is sicncd
and mailed to the issuing office (shown on the Permit P-c2rd) by the Permittee by certified mail, return rcce, ;tt
requested, within fifteen (15) days after it is transmitted to the Permittee.
3. Pernihive is required to notify the issuing office Ishotvn on the Pefmit Placard) of the time set. du!e of
project constructirnt h,:forr beginning any work author,z. -d by this Permit.
4. The Permit Placard is required to he poste('. in a conspicuous location at the work site during, the rntir:-
period of the work,
5. This Permit instrument shall be readily available at the project site to any duly authorized representative ci
the Department or duly empowered law enforcement o ":cer who may wish to enter upon the premises assoc, d
with the vrork authorized by this Permit for the purpose e' ascertaining compliance with the terms of this Permit.
6. Permittee is required to return the Permit Placard to the issuing office shown on the Placard upon comply•
tion of the work authorized by this Permit.
7. Permittee shall not remove and /or emplace more material or exceed the limits of construction authorized
by this Permit without first obtaining a written revision to this Permit from the Department. Any un3uthcri2,trJ
deviation from the approved drawings, specifications and conditions of this Permit shall constitute grounas for
revocation and enforcement action by this Department.
B. Permittee shall exercise extreme care during construction activities to avoid damaging or adversely affecting
the personal or property rights of others.
0. Permittee shall assume and accept all responsibility and liahility for and agrees to save the Department and
its employees harmless from ;ill claims of damage arising out of operations eonrlucte(I pursuant to this Permit.
10. This Permit conveys nn title to land or water, and does not conslitute authority for the rrclamatron of
suhmerged lands unless hcrrin provided and the. nree:s:uy title or leasehold interests have horn olrlainrd from Mr,
State.
ATTACHMENT B
PAGE 9 OF 12 PAGES
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ATTACHMENT B
PAGE 12 OF 12 PAGES
SLL NO. 310031934
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PROPOSED R I PR AP
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ATTACHMENT B
PAGE 12 OF 12 PAGES
SLL NO. 310031934
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fl., R.. R i n Pa nqi 1
11. 111 1111i:lry :t^.rrr. to vr.lst' all woo, unpin this ivfilw upon fit•ittrl notified by ih- atuariment thjt inr
issstI.uiG• Ut t!.... h,Ifnii h.,. Iw,•n aa:wliir,l i,ui:i;..n: to S.'clron, :0:f.ei1:(11 hr :';i3.7U, flu ;i;l,i �L, :ul :'1, f'rnn,tlr•
turthrt
;.w vv.. it•ot 1.1 n -i. oriv••i,•• v :<,ri. court th,s Permit it niil i Ina I disposition of suCti appeal Iras orcultcd.
12. l his I'rrmit is r,r.intrtl sirhwct to the riflhu, of the United Stairs it, n:iviyahle walcr and porsuani to file
ricili:, of the lWhl,(. in I�u. :li„r :, h :ilrunig, fishinrl and other rights for which purpuses the waters ztid suhmrrrc(I land
iht rt.0rI;4'r We hcl(I iv,- till i ;;it'_.
12. This Pvrmil don.!, not indicate an endorsement or approval of any outer Department prrrnit :approval th;,t
may be re(luired for other asp eels of file total project.
I.I. l his Permit (Ions not ao1111067c a variance from or violation of the Water Duality Standards as specified III
Chcpler 17.3, Flo,ida AdminisUative Code, including but riot limited lo:
17 -3.02 !,i.n:i.rlum Conditions of All Waters: Times and Places;
17 -3.05 Hater Quality Standards;, Specifics; and
17 -3.00 Cri.t:cr_.a : Class III 1-iaters - Recreation, Pro- )anation
;in(7 of T,ish and Wildlife
Turbidity shall not exceed fifty (50) Jackson :Turbidity Units as related to standard candle turbidimeter a! uve
background,
PARTICULAR CONDITIONS: (1) If oilinas are jetted, as opposed to being driven,
the l,-ork site shall be isolatecl from ambient waters b }, a turbidity curtain
during all piling installation; (2) No remnant concrete washout shall be
:lace :d on submerged bottolils, in transitional zones, or on the shoreline;
(3) The channel shall b: no deeper than -4.0 feet mean lox.; water and with
slc1 ing sides; (11) Tic dredge material shall be used as frill. Any oddi-
tion,:l fill, if required, for part: area shall be hauler? in from a
6ifforent area; (5) 1-intural rihrap shall be used for the lido of
the: 100at rant» and to retain fill material; (G) Piprap and fill s'1iia11 Ixc
place. :d at or above the line of mean high water. (Conditions 3 through G
pertain to tic oricrinall -w p ermittea project, 'which has already been
Derformed.) r
:;Oivl ^'0i2I :�C R%Qi'IRED (if pilings are jetted):
Descri -lion Frcrucnc %, Location
_urb dit*,r 0nce be�ore construction to 100 feet downstream,
Instrument determine background; then with the tide.
daily during construction.
if monitoring reveals apparent violations of State Water Quality Stan -
6,- ir.(io, for turbidity, construction activities shall cease immediately
ainr? not resu111e until corrective measures have been taken and turbidity
1; s �-o- urncc. to acccotable levels Any such occurrence shall also be
reported to the Deuartment of Environmental Regulation
St. 3011ns River District Office in Orlando. Monitoring requirements
shou:,.0 be subr -Atted under a cover letter containing the following infor-
miation: (1) permi- number; (2) a statement describing the methods used
in collection, handlinl;, storage, and analysis of the samples; and
(3) a statement by the individual responsible for implementation of
the : monitoring program concerning the authenticity, precision, and accuracy
of the data. t•-;onitoring reports shall be submitted to the Office of
Enfc:�cin -ont in Tal. -lahr ssco and to the Department of Environt^.ental
h0�;U1,1ti031 r ::.tStriCt C-r'i'icc in Or.lancio. failure to submit reports in
a timcl1 manner constitutes grounds for revocation of the permit.
THE PERMITTEE, BY SIGNING BEL0W, VOLUNTARILY ACCEPTS AND AGREES TO THE TERMS ANID
CONDITIONS CONTAINED HEREIN AND HEREBY CERTIFIES THAT THE VJORK WILL BE PERF0Rf.1ED IN
STRICT ACCORDANCE 1:'ITH THE PLANS AND SPECIFICATIONS ATTACHED HERETO AiJD '.LADE A
PART HEREOF, ANY VIOLATION OF OR FAILURE TO CO:.iPLY WITH THIS PERMIT WILL SUBJECT THE
PERMITTEE TO LIABILITY FOR DArOAGES, CAUSED TO THE WATERS OR PROPERTY, INCLUDING ANT-
MAL, PLANT AND AOLIATIC LIFE (,,F THE STATE, RESTORATION Of THE %%JATERS AND PR0PERTY TO
iHEIR FORMER CONDITION, AND CIVIL PENALTIES IN THE AMOUNT OF TEN THOUSAND DOLLARS
(S1O,000) FOR EACH DAY FOR t'JHICH THE VIOLATION OCCURS.
Accepted this day of
Permitice or Authutiied Artenl
By:
If!_. Issued this -Z —day of r!
, 1D _
Siam of Florida Departm t of Environmental
L_ndt!!t• t. c, ... ,,.,.
ATTACHMENT B
PAGE 10 OF 12 PAGES SLL NO. 310031934
DER Foim PERAi 11.15 (Jan 771 f'auc 2 of 7
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- 86.77' u' ►�� s i
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= ND PLI,CED I:: s•
01� L =E�. P.E L:AINDE4 OF
TRUCKED It; A1,D
^C ='J BY DOZER BEii11''L DIKES
' :STF.:JC'ED BY DRAG L",-- �- -�— -
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:Yp A!JD ASSOCIATES
ATTACHMENT B
PAGE 11 OF 12 PAGES
SLL NO. 310031934
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ATTACHMENT B
PAGE 11 OF 12 PAGES
SLL NO. 310031934
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STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
Marjory Stoneman Douglas Building e 3900 Commonwealth Boulevard • Tallahassee, Florida 32399
Tom Gardner, Executive Director
April 27, 1989
Honorable Richard B. Votapka, Mayor
City of Sebastian
1225 Main Street
Post Office Box 780127
Sebastian, Florida 32958
Dear Mayor Votapka:
DNR Lease No. 310031934
Lessee: Litt of Sebastian
Lease No. 310031934 has been renewed under the terms and conditions
stated in the enclosed executed instrument. The renewal is for an
additional five -year term and has been approved pursuant to authority
given by the Board of Trustees of the Internal Improvement Trust
Fund.
All terms and conditions must be complied with. This approval does
not preclude the Trustees from enforcing any provision of the lease,
nor does it disclaim any title interest the State may have in the
lease area.
Please note that a requirement of the lease is that the Lessee have
the fully executed lease recorded in the official records of the
county within which the leased site is located within ten days after
receipt of this letter, and furnish the Board with a copy of the
recorded lease indicating the book and page at which the lease is
recorded.
In addition, the Final Completeness Summary identifies additional
items needed to complete the file. This information will ensure
that accurate and current data regarding your account are on file
and will enable us to handle any further transactions that may be
required more efficiently. Please provide the items identified to
me at the letterhead address.
R
17
Administration Beaches and Shores Law Enforcement Marine Resources Recreation and Parks Resource Management State Lands
Bob Martinez Jim Smith Bob Butterworth Gerald Lewis Tom Gallagher Doyle Conner Betty Castor
Governor SecretaryofState Attorney General StateCompttoller State Treasurer CommissionerofAgriculture Commissioner of Education
City of Sebastian
POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589 -5330 ❑ FAX (407) 589 -5570
M E M O RAND R M
DATE: May 17, 1991
TO: Daniel C. Eckis, Cit ngineer /Public Works Director
FROM: Robert S. McClary
RE: DNR Submerged Lands Lease - Main Street
-----------------------------
The City has a lease with DNR for certain submerged lands off of
Main Street. This property is the location of the Main Street
boat launching,ramp, related finger piers, and fishing pier. This
lease will expire on June 17, 1991. Pursuant to the agreement,
the City has a thirty (30) day grace period after the expiration
of the lease to apply in writing for a renewal. Please review
this lease at your first convenience and prepare whatever
documents are necessary to effect a renewal. Should this matter
need my attention, assistance from the City Attorney, or a
by the City Council please let me know as soon as poss iv
ble so
that we do not delay renewing this lease.
Please be advised that the original lease and the complete file
is on a loan basis and checked out from the City Clerk's Office.
It is imperative that the file be returned to that office after
your use. Should you have questions, please call.
/jmt
w,
' it
Honorable Richard B. Jotapka
April 27, 1989
Page Two
We appreciate your assistance in bringing this account current. If
You have any questions or comments, please feel free to contact me
at the letterhead address, or at 904;488 -2297.
Sincerely,
Tammy Buchanan
Bureau of Submerged Lands
Management
/tsb
Enclosures
cc: DSL Field Office