HomeMy WebLinkAbout2007 St Johns Letter of Consent �. Loctien
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Kirby B.Green�i Executive Directs • David W.Fisk.Assistant Executive Director • Mike Slayton,Deputy Executive Direc o
John jui anna.Palm Bay Service Center Director.Regulatory
525 Community College Parkway S.E. • Palm Bay, FL 32909 • (321) 984-4940
On the Internet at www.s/rwmd.com., •
December 18, 2007 5-A7345-14N
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City of Sebastian ci j g /F Dtp �5 � 4PraV1
C/o Mr. Al Minner
1225 Main Street
Sebastian, FL 32958
Re: Letter of Consent
Boudrot Dock Conversion to the City of Sebastian Public Pier
Application number 18-061-40429-3
(Please reference this number on all correspondence.)
Dear Mr. Minner:
Thank you for
notifying the St. John
Y Y g Johns River Water Management District of Y our intent to
change the use of the Boudrot single-family dock to a public observation/fishing pier in
the Indian River Lagoon, along your shoreline at 1302 Indian River Drive, Section 6,
Township 31 South, Range 38 East, in Sebastian.
The existing single-family dock totals 1030 square feet, 10-feet of which is located
landward of the mean high water line. To accommodate the proposed change in use
from a single-family dock to a public observation/fishing pier, "No Mooring" signs will be
installed every 60-feet along the length of the pier. In addition, a monofilament box will
be installed at the pier's entrance. Staff has reviewed.the information you provided and
determined that the project qualifies for consent to use state-owned submerged lands.
The District has based this determination upon the following:
9
a) Sovereign submerged erged lands authorization was issued by the Department of
Natural Resources on July 18, 1990 for the Boudrot single-family dock.
b) The observation/fishing pier is open to the public.
And;
c) The 1,020 square foot observation/fishing pier does not cumulatively preempt
more than 10 square feet of sovereignty submerged land for each linear foot
of the applicant's shoreline.
These construction details are consistent with the provisions of Sections 18-
20.004(5)(a) 4,5, 18-20.004(5)(b), 18-21(1)(c)2., F.A.C.10314.
GOVERNING BOARD
David G.Graham.CHAIRMAN Susan N.Hughes,VICE CHAIRMAN Ann T.Moore,SECRETARY W.Leonard Wood,TREASURER
JACKSONVILLE °CITE VEDRA BUNN°_L_ FERNAND'INA BEACH
Michael Ertel Hersey"Herky%Huffman Arlen N.Jurnper William W.Ker Duane L.Ottenstroer
OVIEDO; ENTERPRISE oP PtccJ
"�EOI;RhE BcA:r JACKSONVILLE
Providing your facility is consistent with the above, please consider this the authority
sought under Section 253.77, Florida Statutes, and Chapter 18-21, Florida
Administrative Code, to pursue this project.
Prior to commencement of construction and/or activities authorized herein, you must
obtain the U.S. Army Corps of Engineers (ACOE) permit if required by the ACOE. Any
modification to the construction and/or activities authorized herein that may be required
by the ACOE shall require reconsideration by and the prior written approval of the St.
Johns River Water Management prior to commencement of construction and/or any
activities on sovereignty, submerged lands.
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. Please check with your local government for specific requirements. Where
local governments have standards, the more stringent standards shall apply. This letter
does not constitute authority to proceed with your project under Chapter 373, F.S.
Please retain this letter, as it constitutes consent to use sovereign submerged lands 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 pier may be
inspected by authorized state personnel in the future to insure compliance with
appropriate statutes and administrative codes. If your pier is not in compliance, you
may be subject to penalties under Chapter 18-14, F.A.C.
If you have questions, please contact me at 321-984-4940.
Sincerely,
John Juilianna, Director
Palm Bay Service Center
Enclosures: General Consent Conditions
Notice of Rights
cc: PDS-SSL
Jaime Zsiros
Joseph W. Schulke, P.E. - Schulke, Bittle, & Stoddard, LLC
1717 Indian River Blvd., Suite 201
Vero Beach, FL 32960
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
SUBMERGED LANDS & ENVIRONMENTAL RESOURCES PROGRAM
GENERAL CONSENT CONDITIONS
Project No. 18-061-40429-3
1. No activities other than those set forth in the attached letter dated December 17,
2007, 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.
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 service by certified mail of any notice required by Chapter 18-14, Florida
Administrative Code, at the address shown on the attached Consent of Use letter
and further agrees to notify the Board in writing of any change of address at least
10 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 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.
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.
•
NOTICE OF RIGHTS
1. A person whose substantial interests are or may be determined has the right to request an
administrative hearing by filing a written petition with the St. Johns River Water Management District
(District), or may choose to pursue mediation as an alternative remedy under Sections 120.569 and
120.573, Florida Statutes, before the deadline for filing a petition. Choosing mediation will not
adversely affect the rights to a hearing if mediation
9 g does not result in a settlement. The procedures for
pursuing mediation are set forth in Sections 120.569 and 120.57, Florida Statutes, and Rules 28-
106.111 and 28-106.401-.405, Florida Administrative Code. Pursuant to Chapter 28-106 and Rule
40C-1.1007, Florida Administrative Code, the petition must be filed at the office of the District Clerk at
District Headquarters, P. O. Box 1429 Palatka, Florida 32178-1429 (4049 Reid St., Palatka, FL 32177)
within twenty-six (26) days of the District depositing notice of District decision in the mail (for those
persons to whom the District mails 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
actual notice). A petition must comply with Chapter 28-106, Florida Administrative Code.
2. If the Governing Board takes action which substantially differs from the notice of District decision, a
person whose substantial interests are or may be determined has the right to request an administrative
hearing or may choose to pursue mediation as an alternative remedy as described above. Pursuant to
District Rule 40C-1.1007, Florida Administrative Code, the petition must be filed at the office of the
District Clerk at the address described above, within twenty-six (26) days of the District depositing
notice of final District decision in the mail (for those persons to whom the District mails actual notice) or
within fourteen (14) days of newspaper publication of the notice of its final agency action (for those
persons to whom the District does not mail actual notice). Such a petition must comply with Rule
Chapter 28-106, Florida Administrative Code.
3. A substantially interested person has the right to a formal administrative hearing pursuant to Sections
120.569 and 120.57(1), Florida Statutes, where there is a dispute between the District and the party
regarding an issue of material fact. A petition for formal hearing must comply with the requirements set
forth in Rule 28-106.201, Florida Administrative Code.
4. A substantially interested person has the right to an informal 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 comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code.
5. A petition for an administrative hearing is deemed filed upon delivery of the petition to the District Clerk
at the District Headquarters in Palatka, Florida.
6. 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 (Section 28-106.111, Florida Administrative Code).
7. The right to an administrative hearing and the relevant procedures to be followed are governed by
Chapter 120, Florida Statutes, and Chapter 28-106, Florida Administrative Code, and Section 40C-
1.1007, Florida Administrative Code.
8. An applicant with a legal or equitable interest in real property who believes that a District permitting
action is unreasonable or will unfairly burden the use of his property, has the right to, within 30 days of
receipt of notice of the District's written decision regarding a permit application, apply for a special
master proceeding under Section 70.51, Florida Statutes, by filing a written request for relief at the
office of the District Clerk located at District headquarters, P. O. Box 1429, Palatka, FL 32178-1429
(4049 Reid St., Palatka, FL 32177). A request for relief must contain the information listed in
Subsection 70.51(6), Florida Statutes.
9. A timely filed request for relief under Section 70.51, Florida Statutes, tolls the time to request an
administrative hearing under paragraph no. 1 or 2 above (Paragraph 70.51(10)(b), Florida Statutes).
• However, the filing of a request for an administrative hearing under paragraph no. 1 or 2 above waives
the right to a special master proceeding (Subsection 70.51(10)(b), Florida Statutes).
10. Failure to file a request for relief within the requisite time frame shall constitute a waiver of the right to a
special master proceeding (Subsection 70.51(3), Florida Statutes).
11. Any substantially affected person who claims that final action of the District constitutes an
unconstitutional taking of property without just compensation may seek review of the action in circuit
court pursuant to Section 373.617, Florida Statutes, and the Florida Rules of Civil Procedures, by filing
an action in circuit court within 90 days of rendering of the final District action, (Section 373.617, Florida
Statutes).
12. Pursuant to Section 120.68, Florida Statutes, a person 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 the
Florida Rules of Appellate Procedure within 30 days of the rendering of the final District action.
13. A party to the proceeding before the District who claims that a District order is inconsistent with the
provisions and purposes of Chapter 373, Florida Statutes, may seek review of the order pursuant to
Section 373.114, Florida Statutes, by the Florida Land and Water Adjudicatory Commission, by filing a
request for review with the Commission and serving a copy on the Department of Environmental
Protection and any person named in the order within 20 days of adoption of a rule or the rendering of
the District order.
14. For appeals to the District Courts of Appeal, a District action is considered rendered after it is signed on
behalf of the District, and is filed by the District Clerk.
15. Failure to observe the relevant time frames for filing a petition for judicial review described in
paragraphs #11 and #12, or for Commission review as described in paragraph #13, will result in waiver
of that right to review.
CERTIFICATE OF SERVICE
I hereby certify that copy of the foregoing notice of rights has been sent by U.S. Mail to:
City of Sebastian
C/o Mr. Al Minner
1225 Main Street
Sebastian, FL 32958
at 4:00 p.m. this December 18, 2007
90 a- )Jfor
Permit Data Services
Gloria Jean Lewis, Director,
St. Johns River Water Management District
Post Office Box 1429
Palatka, FL 32178-1429
(904) 329-4500
Permit# 18-061-40429-3