Okaloosa County BOCC — May 6, 2014 — reading text

a copy of the Division of State Lands Title Determination to this application, you do not have to answer any other questions under Part I or II of Section G. B. I have a state-owned submerged lands title determination from the Division of State Lands which indicates that the proposed project is ON state-owned submerged lands (Please attach a copy of the title determination to the application). Yes No  If you answered yes to question B please provide the information requested in Part II. Your application will be deemed incomplete until the requested information is submitted. C. I am not sure if the proposed project is on state-owned submerged lands (please check here).  If you have checked this box department staff will request that the Division of State Lands conduct a title determination. If the title determination indicates that the proposed project or portions of the project are located on state-owned submerged lands you will be required to submit the information requested in Part II of this application. The application will be deemed incomplete until the requested information is submitted. D. I am not sure if the proposed project is on state-owned submerged lands and I DO NOT WISH to contest the Department's findings (please check here). X  If you have checked this box refer to Part II of this application and provide the requested information. The application will be deemed incomplete until the requested information is submitted. E. It is my position that the proposed project is NOT on state-owned submerged lands (please check here).  If you have evidence that indicates that the proposed project is not on state-owned submerged lands please attach the documentation to the application. If the Division of State Lands title determination indicates that your proposed project or portion of your proposed project are on state-owned submerged lands you will be required to provide the information requested in Part II of this application. F. If you wish to contest the findings of the title determination conducted by the Division of State Lands please contact the Department of Environmental Protection's Office of General Counsel. Your proposed project will be deemed incomplete until either the information requested in Part II is submitted or a legal ruling indicates that the proposed project is not on state-owned submerged lands. Part II: If you were referred to this section by Part I, please provide this additional information. Please note that if your proposed project is on state-owned submerged lands and the below requested information is not provided, your application will be considered incomplete. A. Provide evidence of title to the subject riparian upland property in the form of a recorded deed, title insurance, legal opinion of title, or a long-term lease which specifically includes riparian rights. Evidence submitted must demonstrate that the application has sufficient title interest in the riparian upland property. B. Provide a detailed statement describing the existing and proposed upland uses and activities. For commercial uses, indicate the specific type of activity, such as marina, ship repair, dry storage (including the number of storage spaces), commercial fishing/seafood processing, fish camp, hotel, motel resort restaurant, office complex, manufacturing operation, etc. Form #62-346.900(1) – Joint Application for ERP/SSL Authorization/Federal D&F Permit in Northwest Florida Section F, Page 1 of 5 Packet Pg. 202  For rental operations, such as trailer or recreational vehicle parks and apartment complexes, indicate the number of wet slip units/spaces available for rent or lease and describe operational details (e.g., are spaces rented on a month-to-month basis or through annual leases). For multi-family residential developments, such as condominiums, townhomes, or subdivisions, provide the number of living units/lots and indicate whether or not the common property (including the riparian upland property) is or will be under the control of a homeowners association. For projects sponsored by a local government, indicate whether or not the facilities will be open to the general public. Provide a breakdown of any fees that will be assessed, and indicate whether or not such fees will generate revenue or will simply cover costs associates with maintaining the facilities. C. Provide a detailed statement describing the existing and proposed activities located on or over the state-owned submerged lands at the project site. This statement must include a description of docks and piers, types of vessels (e.g., commercial fishing, liveaboards, cruise ships, tour boats), length and draft of vessels, sewage pumped facilities, fueling facilities, boat hoists, boat ramps, travel lifts, railways, and any other structure or activities existing or proposed to be located waterward of the mean/ordinary high water line. If slips are existing and/or proposed, please indicate the number of powerboat slips and sailboat slips and the percentage of those slips available to the general public on a "first come, first served" basis. This statement must include a description of channels, borrow sites, bridges, groins, jetties, pipelines, or other utility crossings, and any other structures or activities existing or proposed to be located waterward of the mean/ordinary high water line. For shoreline stabilization activities, this statement must include a description of seawalls, bulkheads, riprap, filling activities, and any other structure or activities existing or proposed to be located along the shoreline. D. Provide the linear footage of shoreline at the mean/ordinary high water line owned by the application which borders state-owned submerged lands. E. Provide a recent aerial photo of the area. A scale of 1"=200' is preferred. Photos are generally available at minimal cost from your local government property appraiser's office or from district Department of Transportation offices. Indicate on the photo the specific location of your property/project site. Note: An applicant must meet the sufficient upland interest requirements of paragraph 18-21.004(3)(b), F.A.C. (April 14, 2008), for any activities proposed on riparian lands located waterward of the mean high water or ordinary high water line that are titled to the Board of Trustees. Paragraph 18-21.004(3)(b), F.A.C. (April 14, 2008), provides: “Satisfactory evidence of sufficient upland interest is required for activities on sovereignty submerged lands riparian to uplands, unless otherwise specified in this chapter. Public utilities and state and other governmental agencies proposing activities such as utility lines, roads or bridges must obtain satisfactory evidence of sufficient upland interest prior to beginning construction, but need not provide such evidence as part of any required application. Satisfactory evidence of sufficient upland interest is not required for activities on sovereignty submerged lands that are not riparian to uplands, or when a governmental entity conducts restoration and enhancement activities, provided that such activities do not unreasonably infringe on riparian rights.” Subsection 18-21.003(55), F.A.C. (April 14, 2008), provides that: “Satisfactory evidence of sufficient upland interest” shall be demonstrated by documentation, such as a warranty deed; a certificate of title issued by a clerk of the court; a lease; an easement; or condominium, homeowners or similar association documents that clearly demonstrate that the holder has control and interest in the riparian uplands adjacent to the project area and the riparian rights necessary to conduct the proposed activity. Other forms of documentation shall be accepted if they clearly demonstrate that the holder has control and interest in the riparian uplands adjacent to the project area and the riparian rights necessary to conduct the proposed activity. In addition to the above, an application to conduct activities on state-owned submerged lands as part of this Joint Application will NOT constitute an application to use Board of Trustees-owned uplands (these uplands may exist between the waterward edge of your property and the mean high water/ordinary high water line of the waterbody). A separate application to use state-owned uplands is required to be submitted to the Bureau of Public Lands Administration, Division of State Lands, 3900 Commonwealth Boulevard, M.S. 130, Tallahassee, Florida 32399-3900. Form #62-346.900(1) – Joint Application for ERP/SSL Authorization/Federal D&F Permit in Northwest Florida Section F, Page 2 of 5 Packet Pg. 203  PROPRIETARY PROJECT DESCRIPTIONS Please check the most applicable activity which applies to your project(s): Leases Commercial marinas (renting wet slips) including condos, etc., if 50% or more of their wet slips are available to the general public Public/Local governments Yacht Clubs/Country Clubs (when a membership is required) Condominiums (requires upland ownership) Commercial Uplands Activity (temporary docking and/or fishing pier associated with upland revenue generating activities, i.e., restaurants, hotels, motels) for use of the customer at no charge Miscellaneous Commercial Upland Enterprises where there is a charge associated with the use of overwater structure (Charter Boats, Tour Boats, Fishing Piers) Ship Building/Boat Repair Service Facilities Commercial Fishing Related (Offloading, Seafood Processing) Private Single-family Residential Docking Facilities; Townhome Docking Facilities; Subdivision Docking Facilities (upland lots privately owned) Public Easements and Use Agreements Miscellaneous Public Easements and Use Agreements Bridge Right-of-way (DOT, local government) Breakwater of groin Subaqueous Utility Cable (TV, telephone, electrical) Subaqueous Outfall or Intake Subaqueous Utility Water/Sewer Overhead Utility w/Support Structure on State-owned Submerged Lands Disposal Site for Dredged Material Pipeline (gas) Borrow Site Private Easements Miscellaneous Private Easements Bridge Right-of-way Breakwater Groin Subaqueous Utility Cable (TV, telephone, electrical) Subaqueous Outfall or Intake Subaqueous Utility Water/Sewer Overhead Utility Crossing Disposal Site for Dredged Material M Form #62-346.900(1) – Joint Application for ERP/SSL Authorization/Federal D&F Permit in Northwest Florida Section F, Page 3 of 5 Packet Pg. 204 Form #62-346.900(1) – Joint Application for ERP/SSL Authorization/Federal D&F Permit in Northwest Florida Figure 1A, Page 1 of 1