HomeMy WebLinkAboutFDEP Approval
FLORIDA DEPARTMENT O F
Environmental Protection
Southeast District Office
3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL 33406
561-681-6600
Ron DeSantis
Governor
Jeanette Nuñez
Lt. Governor
Noah Valenstein
Secretary
July 5, 2019
Guy Norton
13185 S Indian River Dr.
Jensen Beach, FL. 34957
Sent via e-mail: Trinity.Norton@gmail.com
Re: File No.: 56-377244-001-EG
File Name: Norton
Dear Mr. Norton:
On June 13, 2019, we received your notice of intent to use a General Permit (GP), pursuant to Rule
62-330.427, Florida Administrative Code (F.A.C.) to: 1) Construct a 1,240 square foot dock which
includes a 270-foot by 4-foot access pier and a 10-foot by 16-foot terminal platform and one boatlift,
within Indian River Lagoon, within the Jensen Beach to Jupiter Inlet Aquatic Preserve, Outstanding
Florida Waters a Class III Waters Florida waterbody. The project is located at 13185 S. Indian River
Dr. Jensen Beach, FL. 34957 (Section 9, Township 37 South, Range 41 East), (Latitude N 27° 16’
29.17”, Longitude W -80° 14’ 28.98”), Saint Lucie.
Your intent to use a general permit has been reviewed by Department staff for three types of
authorizations: (1) regulatory authorization, (2) proprietary authorization (related to state-owned
submerged lands), and (3) federal authorization. The authority for review and the outcomes of the
reviews are listed below. Please read each section carefully.
Your project qualifies for all three authorizations. However, this letter does not relieve you from
the responsibility of obtaining other federal, state, or local authorizations that may be required for the
activity.
If you change the project from what you submitted, the authorization(s) granted may no longer be
valid at the time of commencement of the project. Please contact us prior to beginning your project if
you wish to make any changes.
1. Regulatory Review – APPROVED
Based on the forms, drawings, and documents submitted with your notice, it appears that the project
to construct a 1,240 square foot dock and one boatlift meets the requirements for the General Permit
under Rule 62-330.427, F.A.C. Any activities performed under a general permit are subject to
general conditions required in Rule 62-330.405, F.A.C. (attached), and the specific conditions of Rule
62-330.427, F.A.C. (attached). Any deviations from these conditions may subject the permittee to
enforcement action and possible penalties.
Project No.: 56-377244-001-EG
Project Name: Norton
Page 2 of 24
Please be advised that the construction phase of the GP must be completed within five years from the
date the notice to use the GP was received by the Department. If you wish to continue this GP
beyond the expiration date, you must notify the Department at least 30 days before its expiration.
Authority for review- Part IV of Chapter 373, F.S., Title 62, F.A.C. and in accordance with the
operating agreements executed between the Department and the water management districts, as
referenced in Chapter 62-113, F.A.C.
2. Proprietary Review – GRANTED WITH CONDITIONS
The Department acts as staff to the Board of Trustees of the Internal Improvement Trust Fund (Board
of Trustees) and issues certain authorizations for the use of sovereign submerged lands. The
Department has the authority to review activities on sovereign submerged lands under Chapter 253 of
the Florida Statutes (F.S.) and 258, F.S. if located within an aquatic preserve, and Chapters 18-20 and
18-21 of the Florida Administrative Code.
The activity appears to be located on sovereign submerged lands owned by the Board of Trustees.
The activity is not exempt from the need to obtain the applicable proprietary authorization. As staff to
the Board of Trustees, the Department has reviewed the activity described above, and has determined
that the activity qualifies for a letter of consent under Section 253.77, Florida Statutes, to construct
and use the activity on the specified sovereign submerged lands, as long as the work performed is
located within the boundaries as described herein and is consistent with the terms and conditions
herein.
During the term of this Letter of Consent you shall maintain satisfactory evidence of sufficient upland
interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code. If such interest is
terminated or the Board of Trustees determines that such interest did not exist on the date of issuance
of this Letter of Consent, this Letter of Consent may be terminated by the Board of Trustees at its sole
option. If the Board of Trustees terminates this Letter of Consent, you agree not to assert a claim or
defense against the Board of Trustees arising out of this Letter of Consent.
Please be advised that any use of sovereign submerged lands without specific prior authorization from
the Board of Trustees will be considered a violation of Chapter 253, Florida Statutes and may subject
the affected upland riparian property owners to legal action as well as potential fines for the prior
unauthorized use of sovereign land.
3. Federal Review- APPROVED
Your proposed activity as outlined in your application and attached drawings qualifies for Federal
authorization pursuant to the State Programmatic General Permit V-R1, and a SEPARATE permit or
authorization will not be required from the Corps. Please note that the Federal authorization expires
on July 26, 2021. However, your authorization may remain in effect for up to 1 additional year, if
provisions of Special Condition 19 of the SPGP V-R1 permit instrument are met. You, as permittee,
are required to adhere to all General Conditions and Special Conditions that may apply to your
project. Special conditions required for your project are attached. A copy of the SPGP V-R1 with all
terms and conditions and the General Conditions may be found at
https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book.
Authority for review - an agreement with the USACOE entitled “Coordination Agreement Between
the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of
Environmental Protection (or Duly Authorized Designee), State Programmatic General Permit”,
Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act.
Project No.: 56-377244-001-EG
Project Name: Norton
Page 3 of 24
Additional Information
Please retain this general permit. The activities may be inspected by authorized state personnel in the
future to ensure compliance with appropriate statutes and administrative codes. If the activities are
not in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18-14,
F.A.C.
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a petition for an
administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for
filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective
until a subsequent order of the Department. Because the administrative hearing process is designed to
formulate final agency action, the hearing process may result in a modification of the agency action or even
denial of the application.
Petition for Administrative Hearing
A person whose substantial interests are affected by the Department’s action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules 28-106.201
and 28-106.301, F.A.C., a petition for an administrative hearing must contain the following information:
(a) The name and address of each agency affected and each agency’s file or identification
number, if known;
(b) The name, address, any e-mail address, any facsimile number, and telephone number of the
petitioner, if the petitioner is not represented by an attorney or a qualified representative; the
name, address, and telephone number of the petitioner’s representative, if any, which shall be
the address for service purposes during the course of the proceeding; and an explanation of
how the petitioner’s substantial interests will be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition must so
indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the
petitioner contends warrant reversal or modification of the agency’s proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or
modification of the agency’s proposed action, including an explanation of how the alleged
facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the
petitioner wishes the agency to take with respect to the agency’s proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department
at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via
electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition shall be
mailed to the applicant at the address indicated above at the time of filing.
Time Period for Filing a Petition
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within 14
days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other
than those entitled to written notice under Section 120.60(3), F.S., must be filed within 14 days of
publication of the notice or within 14 days of receipt of the written notice, whichever occurs first.
Project No.: 56-377244-001-EG
Project Name: Norton
Page 4 of 24
You cannot justifiably rely on the finality of this decision unless notice of this decision and the right
of substantially affected persons to challenge this decision has been duly published or otherwise
provided to all persons substantially affected by the decision. While you are not required to publish
notice of this action, you may elect to do so pursuant Rule 62-110.106(10)(a).
The failure to file a petition within the appropriate time period shall constitute a waiver of that
person's right to request an administrative determination (hearing) under Sections 120.569 and
120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent
intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding
officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you do not publish
notice of this action, this waiver may not apply to persons who have not received written notice o this
action.
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the
Department’s action may also request an extension of time to file a petition for an administrative
hearing. The Department may, for good cause shown, grant the request for an extension of time.
Requests for extension of time must be filed with the Office of General Counsel of the Department at
3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic
correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a petition for an
administrative hearing. A timely request for extension of time shall toll the running of the time period
for filing a petition until the request is acted upon.
Mediation
Mediation is not available in this proceeding.
FLAWAC Review
The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may also
seek appellate review of this order before the Land and Water Adjudicatory Commission under
Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water Adjudicatory
Commission must be filed with the Secretary of the Commission and served on the Department
within 20 days from the date when this order is filed with the Clerk of the Department.
Judicial Review
Once this decision becomes final, any party to this action has the right to seek judicial review
pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate
Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General Counsel
(Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy
of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court
of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of
the Department.
Project No.: 56-377244-001-EG
Project Name: Norton
Page 5 of 24
EXECUTION AND CLERKING
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
_________________________________
Jeffrey Meyer
Environmental Consultant
Enclosures:
62-330.427,
General Conditions for All General Permits, Ch. 62-330.405, F.A.C.
Special Consent Conditions
General Conditions for Authorizations for Activities on State-Owned Submerged Lands
Special Conditions for Federal Authorization for SPGP V-R1
General Conditions for Federal Authorization for SPGP V-R1
Project drawings, 4 pages
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this document and all attachments
were sent on the filing date below to the following listed persons:
FDEP – Jeffrey Meyer, Chris Weller, David White, Irene Arpayoglou
Bruce Jerner, Agent, Jerner and Associates, Inc., Jerner@bellsouth.net
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt
of which is hereby acknowledged.
July 5, 2019
Clerk Date
62-330.427 General Permit for Docks, Piers and Associated Structures.
(1) A general permit is granted to any person to construct, extend, or remove a dock or pier and
associated structures as described below:
(a) A private, single-family pier or dock with up to two boat lifts that, together with all existing
structures on the shoreline of the property, does not exceed a total area of 2,000 square feet over surface
waters. Such a structure:
1. Shall not accommodate the mooring of more than two vessels, either in the water or on a boat
lift. Solely for purposes of this general permit, up to two personal watercraft as defined in section
327.02(33), F.S., may be moored in lieu of either or both allowable vessels of another type. These limits
shall not apply to the mooring, storage or other use of the dock or pier by:
a. Non-motor-powered vessels less than 16 feet in length that are stored on or under the dock or
pier, or within an authorized mooring area; or
b. Personal watercraft, dinghies or similar small vessels that are stowed out of the water, upon a
larger parent vessel that is moored at the dock in compliance with this general permit.
2. Shall be located such that all areas used for vessel mooring and navigational access already
provide a minimum depth of two feet below the mean low water level for tidal waters, or two feet below
the expected average low water depth for non-tidal waters as determined based on best available
information for the water body at the project location; and
3. May include a roof over the vessel mooring areas, boat lifts, and terminal platform, or any
portions thereof, subject to the applicable provisions of chapters 253 and 258, F.S., and the rules
adopted thereunder. Portions of such roofs that overhang beyond the edge of decked portions of the
pier or dock shall be included in the calculation of the total square footage of over-water structure
allowed under paragraph (1)(a), above.
(b) A public fishing pier that does not exceed a total area of 2,000 square feet provided the structure
is designed and built to discourage boat mooring by elevating the fishing pier to a minimum height of
five feet above mean high water or ordinary high water, surrounding the pier with handrails, and
installing and maintaining signs that state “No Boat Mooring Allowed.”
(2) This general permit shall be subject to the following specific conditions:
(a) Construction or extension of the boat lift, boat mooring locations, or terminal platform, shall not
occur over submerged grassbeds, coral communities or wetlands. However, the access walkway portion
of the pier may traverse these resources provided it is elevated a minimum of five feet above mean high
water or ordinary high water, contains handrails that are maintained in such a manner as to prevent use
of the access walkways for boat mooring or access, and does not exceed a width of six feet, or a width
of four feet in Aquatic Preserves;
(b) There shall be no structures enclosed by walls, screens, or doors on any side;
(c) The dock or pier will not facilitate vessel rentals, charters, or serve any other commercial
purpose;
(d) There shall be no fish cleaning facilities, boat repair facilities or equipment, or fueling facilities
on the structures authorized by this general permit. In addition, no overboard discharges of trash, human
or animal waste, or fuel shall occur from any structures authorized by this general permit;
(e) This general permit shall not authorize the construction or extension of more than one dock or
pier per parcel of land or individual lot. For the purposes of this general permit, multi-family living
complexes shall be treated as one parcel of property regardless of the legal division of ownership or
control of the associated property; and
(f) Notwithstanding any other provisions of this general permit, the design, construction and
operation of the dock or pier and associated vessels shall not conflict with any manatee protection plan
approved and adopted under section 379.2431(2)(t), F.S.
Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented
373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426, 403.814(1) FS. History –New 10-3-95, Formerly 62-
341.427, Amended 10-1-13, 6-1-18.
Project No.: 56-377244-001-EG
Project Name: Norton
Page 7 of 24
62-330.405 General Conditions for All General Permits
The following general permit conditions are binding upon the permittee and are enforceable under
chapter 373, F.S. These conditions do not apply to the general permit for stormwater management
systems under section 403.814(12), F.S.
(1) The general permit is valid only for the specific activity indicated. Any deviation from the
specified activity and the conditions for undertaking that activity shall constitute a violation of the
permit and may subject the permittee to enforcement action and revocation of the permit under chapter
373, F.S.
(2) The general permit does not eliminate the necessity to obtain any required federal, state, local
and special district authorizations prior to the start of any construction, alteration, operation,
maintenance, removal or abandonment authorized by this permit; and it does not authorize any violation
of any other applicable federal, state, local, or special district laws (including, but not limited to, those
governing the “take” of listed species).
(3) The general permit does not convey to the permittee or create in the permittee any property
right, or any interest in real property, nor does it authorize any entrance upon or activities on property
which is not owned or controlled by the permittee, or convey any rights or privileges other than those
specified in the general permit.
(4) The general permit does not relieve the permittee from liability and penalties when the permitted
activity causes harm or injury to: human health or welfare; animal, plant or aquatic life; or property. It
does not allow the permittee to cause pollution that violates state water quality standards.
(5) Section 253.77, F.S., provides that a person may not commence any excavation, constr uction,
or other activity involving the use of state-owned or other lands of the state, the title to which is vested
in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required consent,
lease, easement, or other form of authorization authorizing the proposed use. Therefore, the permittee
is responsible for obtaining any necessary authorizations from the Board of Trustees prior to
commencing activity on state-owned lands.
(6) The authorization to conduct activities under a general permit may be modified, suspended or
revoked in accordance with chapter 120, F.S., and section 373.429, F.S.
(7) The general permit is not transferable to a new third party. To be used by a different permittee,
a new notice to use a general permit must be submitted in accordance with rule 62-330.402, F.A.C.
Activities constructed in accordance with the terms and conditions of a general permit are automatically
authorized to be operated and maintained by the permittee and subsequent owners in accordance with
subsection 62-330.340(1), F.A.C. Any person holding the general permit, persons working under the
general permit, and owners of land while work is conducted under the general permit shall remain liable
for any corrective actions that may be required as a result of any permit violations prior to sale,
conveyance, or other transfer of ownership or control of the permitted project, activity, or the real
property at which the permitted project or activity is located.
(8) Upon reasonable notice to the permittee, Agency staff with proper identification shall have
permission to enter, inspect, sample and test the permitted system to ensure conformity with the plans
and specifications approved by the general permit.
(9) The permittee shall maintain any permitted project or activity in accordance with the plans
submitted to the Agency and authorized in the general permit.
(10) A permittee’s right to conduct a specific activity under the general permit is authorized for a
duration of five years.
(11) Activities shall be conducted in a manner that does not cause or contribute to violations of state
water quality standards. Performance-based erosion and sediment control best management practices
shall be implemented and maintained immediately prior to, during, and after construction as needed to
stabilize all disturbed areas, including other measures specified in the permit to prevent adverse impacts
Project No.: 56-377244-001-EG
Project Name: Norton
Page 8 of 24
to the water resources and adjacent lands. Erosion and sediment control measures shall be installed and
maintained in accordance with the State of Florida Erosion and Sediment Control Designer and
Reviewer Manual (Florida Department of Environmental Protection and Florida Department of
Transportation, June 2007), available at https://www.flrules.org/Gateway/reference.asp?No=Ref-
04227, and the Florida Stormwater Erosion and Sedimentation Control Inspector’s Manual (Florida
Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida,
July 2008), available at http://publicfiles.dep.state.fl.us/DEAR/Stormwater_Training_Docs/erosion-
inspectors-manual.pdf.
(12) Unless otherwise specified in the general permit, temporary vehicular access within wetlands
during construction shall be performed using vehicles generating minimum ground pressure to
minimize rutting and other environmental impacts. Within forested wetlands, the permittee shall choose
alignments that minimize the destruction of mature wetland trees t o the greatest extent practicable.
When needed to prevent rutting or soil compaction, access vehicles shall be operated on wooden,
composite, metal, or other non-earthen construction mats. In all cases, access in wetlands shall comply
with the following:
(a) Access within forested wetlands shall not include the cutting or clearing of any native wetland
tree having a diameter four inches or greater at breast height;
(b) The maximum width of the construction access area shall be limited to 15 feet;
(c) All mats shall be removed as soon as practicable after equipment has completed passage through,
or work has been completed, at any location along the alignment of the project, but in no case longer
than seven days after equipment has completed work or passage through that location; and
(d) Areas disturbed for access shall be restored to natural grades immediately after the maintenance
or repair is completed.
(13) Barges or other work vessels used to conduct in-water activities shall be operated in a manner
that prevents unauthorized dredging, water quality violations, and damage to submerged aquatic
communities.
(14) The construction, alteration, or use of the authorized project shall not adversely impede
navigation or create a navigational hazard in the water body.
(15) Except where specifically authorized in the general permit, activities must not:
(a) Impound or obstruct existing water flow, cause adverse impacts to existing surface water storage
and conveyance capabilities, or otherwise cause adverse water quantity or flooding impacts to receiving
water and adjacent lands; or
(b) Cause an adverse impact to the maintenance of surface or ground water levels or surface water
flows established pursuant to section 373.042, F.S., or a Works of the District established pursuant to
section 373.086, F.S.
(16) If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, stone tools,
dugout canoes, metal implements, historic building materials, or any other physical remains that could
be associated with Native American, early European, or American settlement are encountered at any
time within the project site area, the permitted project shall cease all activities involving subsurface
disturbance in the vicinity of the discovery. The permittee or other designee shall contact the Florida
Department of State, Division of Historical Resources, Compliance Review Section (DHR), at
(850)245-6333, as well as the appropriate permitting agency office. Project activities shall not resume
without verbal or written authorization from the Division of Historical Resources. If unmarked human
remains are encountered, all work shall stop immediately and the proper authorities notified in
accordance with section 872.05, F.S.
(17) The activity must be capable, based on generally accepted engineering and scientific principles,
of being performed and of functioning as proposed, and must comply with any applicable District
special basin and geographic area criteria.
(18) The permittee shall comply with the following when performing work within waters accessible
to federally- or state-listed aquatic species, such as manatees, marine turtles, smalltooth sawfish, and
Project No.: 56-377244-001-EG
Project Name: Norton
Page 9 of 24
Gulf sturgeon:
(a) All vessels associated with the project shall operate at “Idle Speed/No Wake” at all times while
in the work area and where the draft of the vessels provides less than a four-foot clearance from the
bottom. All vessels will follow routes of deep water whenever possible.
(b) All deployed siltation or turbidity barriers shall be properly secured, monitored, and maintained
to prevent entanglement or entrapment of listed species.
(c) All in-water activities, including vessel operation, must be shut down if a listed species comes
within 50 feet of the work area. Activities shall not resume until the animal(s) has moved beyond a 50-
foot radius of the in-water work, or until 30 minutes elapses since the last sighting within 50 feet.
Animals must not be herded away or harassed into leaving. All onsite project personnel are responsible
for observing water-related activities for the presence of listed species.
(d) Any listed species that is killed or injured by work associated with activities performed shall be
reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at
1(888)404-3922 and ImperiledSpecies@myFWC.com.
(e) Whenever there is a spill or frac-out of drilling fluid into waters accessible to the above species
during a directional drilling operation, the FWC shall be notified at ImperiledSpecies@myfwc.com
with details of the event within 24 hours following detection of the spill or frac-out.
(19) The permittee shall hold and save the Agency harmless from any and all damages, claims, or
liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal,
abandonment or use of any activity authorized by the general permit.
(20) The permittee shall immediately notify the Agency in writing of any submitted information
that is discovered to be inaccurate.
Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145,
373.418, 403.805(1) FS. Law Implemented 373.044, 373.118(1), 373.129, 373.136, 373.406(5),
373.413, 373.4131, 373.414(9), 373.4145, 373.416, 373.422, 373.423, 373.429, 403.814(1) FS.
History–New 10-3-95, Amended 10-1-07, Formerly 62-341.215, Amended 10-1-13, 6-1-18.
Special Consent Conditions
1. The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the
State of Florida from all claims, actions, lawsuits and demands in any form arising out of the
authorization to use sovereignty submerged lands or the applicant’s use and construction of
structures on sovereignty submerged lands. This duty to indemnify and hold harmless will
include any and all liabilities that are associated with the structure or activity including special
assessments or taxes that are now or in the future assessed against the structure or activity
during the period of the authorization.
2. Failure by the Board of Trustees to enforce any violation of a provision of the authorization or
waiver by the Board of Trustees of any provision of the authorization will not invalidate the
provision not enforced or waived, nor will the failure to enforce or a waiver prevent the Board
of Trustees from enforcing the unenforced or waived provision in the event of a violation of
that provision.
3. Applicant binds itself and its successors and assigns to abide by the provisions and conditions
set forth in the authorization. If the applicant or its successors or assigns fails or refuses to
comply with the provisions and conditions of the authorization, the authorization may be
terminated by the Board of Trustees after written notice to the applicant or its successors or
assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty
(30) days in which to correct the violations. Failure to correct the violations within this period
will result in the automatic revocation of this authorization.
Project No.: 56-377244-001-EG
Project Name: Norton
Page 10 of 24
4. All costs incurred by the Board of Trustees in enforcing the terms and conditions of the
authorization will be paid by the applicant. Any notice required by law will be made by
certified mail at the address shown on page one of the authorization. The applicant will notify
the Board of Trustees in writing of any change of address at least ten days before the change
becomes effective.
5. This authorization does not allow any activity prohibited in a conservation easement or
restrictive covenant that prohibits the activity.
General Conditions for Authorizations for Activities on State-Owned Submerged Lands:
All authorizations granted by rule or in writing under Rule 18 -21.005, F.A.C., except those for
geophysical testing, shall be subject to the general conditions as set forth in paragraphs (a) through (i)
below. The general conditions shall be part of all authorizations under this chapter, shall be binding
upon the grantee, and shall be enforceable under Chapter 253 or 258, Part II, F.S.
(a) Authorizations are valid only for the specified activity or use. Any unauthorized deviation from
the specified activity or use and the conditions for undertaking that activity or use shall constitute a
violation. Violation of the authorization shall result in suspension or revocation of the grantee’s use of
the sovereignty submerged land unless cured to the satisfaction of the Board.
(b) Authorizations convey no title to sovereignty submerged land or water column, nor do they
constitute recognition or acknowledgment of any other person’s title to such land or water.
(c) Authorizations may be modified, suspended or revoked in accordance with their terms or the
remedies provided in Sections 253.04 and 258.46, F.S. or Chapter 18-14, F.A.C.
(d) Structures or activities shall be constructed and used to avoid or minimize adverse impacts to
sovereignty submerged lands and resources.
(e) Construction, use, or operation of the structure or activity shall not adversely affect any species
which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004 and
68A-27.005, F.A.C.
(f) Structures or activities shall not unreasonably interfere with riparian rights. When a court of
competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or
activity shall be modified in accordance with the court’s decision.
(g) Structures or activities shall not create a navigational hazard.
(h) Structures shall be maintained in a functional condition and shall be repaired or removed if they
become dilapidated to such an extent that they are no longer functional. This shall not be construed to
prohibit the repair or replacement subject to the provisions of Rule 18-21.005, F.A.C., within one year,
of a structure damaged in a discrete event such as a storm, flood, accident, or fire.
(i) Structures or activities shall be constructed, operated, and maintained solely for water dependent
purposes, or for non-water dependent activities authorized under paragraph 18-21.004(1)(g), F.A.C., or
any other applicable law.
(8) Pursuant to Section 253.77(4), F.S., federal, state, or local agencies or political subdivisions,
including ports and inland navigation districts, proposing to conduct an activity which qualifies for an
exemption under Part IV of Chapter 373, F.S. or Section 403.813(1), F.S., shall be granted a letter of
consent or public easement upon receipt of a request and a legal description of the affected land.
However, such grant does not release the entity from compliance with other applicable provisions of
Chapter 18-18, 18-20 or 18-21, F.A.C.
Rulemaking Authority 253.03(7), 253.73 FS. Law Implemented 253.001, 253.03, 253.141, 253.68,
253.72, 253.74, 253.75, 253.77 FS. History–New 3-27-82, Amended 8-1-83, Formerly 16Q-21.04, 16Q-
21.004, Amended 12-25-86, 1-25-87, 3-15-90, 8-18-92, 10-15-98, 12-11-01, 10-29-03, 12-16-03, 3-8-
04, 10-27-05, 4-14-08, 9-1-09.
Project No.: 56-377244-001-EG
Project Name: Norton
Page 11 of 24
Special Conditions for Federal Authorization for SPGP V-R1
Note: JAXBO (Jacksonville District’s Programmatic Biological Opinion), referenced throughout,
may be found online in the Jacksonville District Regulatory Division Sourcebook, or at
http://cdm16021.contentdm.oclc.org/utils/getfile/collection/p16021coll3/id/577.
The SPGP V-R1 instrument and all attachments may be found online through the Sourcebook, or at
https://www.saj.usace.army.mil/SPGP/
In addition to the conditions specified above, the following Special Conditions apply to all projects
reviewed and/or authorized under the SPGP V-R1.
Special Conditions for All Projects
1. Authorization, design and construction must adhere to the terms of the SPGP V-R1 instrument
including the Procedure and Work Authorized sections.
2. Design and construction must adhere to the PDCs for In-Water Activities (Attachment 6, from
PDCs AP.7 through AP11, inclusive, of JAXBO) (Reference: JAXBO PDC AP.1.).
3. All activities performed during daylight hours (Reference: JAXBO PDC AP.6.).
4. For all projects involving the installation of piles or sheet piles, the maximum number of piles,
sheet piles or concrete slab walls or boatlift I-beams installed by impact hammer per day is limited to
no more than 5 per day. Any installation of metal pipe or metal sheet pile by impact hammer is not
authorized (Reference: Categories D and E of JAXBO PDCs for In-Water Noise from Pile and Sheet
Pile Installation, page 86.).
5. Projects within the boundary of the NOAA Florida Keys National Marine Sanctuary require prior
approval from the Sanctuary (Reference: JAXBO PDCs AP.14 and A1.6).
6. Notifications to the Corps. For all authorizations under this SPGP V-R1, including Self-
Certifications, the Permittee shall provide the following notifications to the Corps:
a. Commencement Notification. Within 10 days before the date of initiating the work
authorized by this permit or for each phase of the authorized project, the Permittee shall
provide a written notification of the date of commencement of authorized work to the
Corps.
b. Corps Self-Certification Statement of Compliance form. Within 60 days of completion of
the work authorized by this permit, the Permittee shall complete the “Self-Certification
Statement of Compliance” form (Attachment 32) and submit it to the Corps. In the event
that the completed work deviates in any manner from the authorized work, the Permittee
shall describe the deviations between the work authorized by this permit and the work as
constructed on the “Self-Certification Statement of Compliance” form. The description of
any deviations on the “Self-Certification Statement of Compliance” form does not
constitute approval of any deviations by the Corps.
c. Permit Transfer. When the structures or work authorized by this permit are still in
existence at the time the property is transferred, the terms and conditions of this permit
Project No.: 56-377244-001-EG
Project Name: Norton
Page 12 of 24
will continue to be binding on the new owner(s) of the property. To validate the transfer
of this permit and the associated liabilities associated with compliance with its terms and
conditions, have the transferee sign and date the enclosed form (Attachment 2).
d. Reporting Address. The Permittee shall submit all reports, notifications, documentation,
and correspondence required by the general and special conditions of this permit to the
following address.
(1) For standard mail: U.S. Army Corps of Engineers, Regulatory Division, Enforcement
Section, P.O. Box 4970, Jacksonville, FL, 32232-0019.
(2) For electronic mail: SAJ-RD-Enforcement@usace.army.mil (not to exceed 10 MB).
The Permittee shall reference this permit number, SAJ- 2015-02575 on all submittals.
7. The District Engineer reserves the right to require that any request for authorization under this
SPGP V-R1 be evaluated as an Individual Permit. Conformance with the terms and conditions of the
SPGP V-R1 does not automatically guarantee Federal authorization.
8. On a case-by-case basis, the Corps may impose additional Special Conditions which are deemed
necessary to minimize adverse environmental impacts.
9. Failure to comply with all conditions of the SPGP V-R1 constitutes a violation of the Federal
authorization.
10. No structure or work shall adversely affect or disturb properties listed in the National Register of
Historic Places or those eligible for inclusion in the National Register. Prior to the start of work, the
Applicant/Permittee or other party on the Applicant’s/Permittee’s behalf, shall conduct a search of
known historical properties by contracting a professional archaeologist, and contacting the Florida
Master Site File at 850-245-6440 or SiteFile@dos.state.fl.us. The Applicant/Permittee can also
research sites in the National Register Information System (NRIS). Information can be found at
http://www.cr.nps.gov/nr/research.
a. If, during the initial ground disturbing activities and construction work, there are
archaeological/cultural materials unearthed (which shall include, but not be limited to: pottery,
modified shell, flora, fauna, human remains, ceramics, stone tools or metal implements, dugout
canoes or any other physical remains that could be associated with Native American cultures or
early colonial or American settlement), the Permittee shall immediately stop all work in the
vicinity and notify the Compliance and Review staff of the State Historic Preservation Office at
850-245-6333 and the Corps Regulatory Project Manager to assess the significance of the
discovery and devise appropriate actions, including salvage operations. Based on the
circumstances of the discovery, equity to all parties, and considerations of the public interest,
the Corps may modify, suspend, or revoke the permit in accordance with 33 C.F.R. § 325.7.
b. In the unlikely event that human remains are identified, the remains will be treated in
accordance with Section 872.05, Florida Statutes; all work in the vicinity shall immediately
cease and the local law authority, and the State Archaeologist (850-245-6444) and the Corps
Regulatory Project Manager shall immediately be notified. Such activity shall not resume
unless specifically authorized by the State Archaeologist and the Corps.
11. The Permittee is responsible for obtaining any “take” permits required under the U.S. Fish and
Wildlife Service’s regulations governing compliance with these laws. The Permittee should contact
Project No.: 56-377244-001-EG
Project Name: Norton
Page 13 of 24
the appropriate local office of the U.S. Fish and Wildlife Service to determine if such “take” permits
are required for a particular activity.
12. For Projects authorized under this SPGP V-R1 in navigable waters of the U.S., the Permittee
understands and agrees that, if future operations by the United States require the removal, relocation,
or other alteration, of the structures or work herein authorized, or if, in the opinion of the Secretary of
the Army or his authorized representative, said structure or work shall cause unreasonable obstruction
to the free navigation of the navigable waters, the Permittee will be required, upon due notice from
the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused
thereby, without expense to the United States. No claim shall be made agai nst the United States on
account of any such removal or alteration.
13. The SPGP V-R1 will be valid through July 26, 2021 unless suspended or revoked by issuance of a
public notice by the District Engineer. The Corps, in conjunction with the Federal resource agencies,
will conduct periodic reviews to ensure that continuation of the permit during the period ending July
26, 2021, is not contrary to the public interest. The SPGP V-R1 will not be extended beyond July 26,
2021, but may be replaced by a new SPGP. If revocation occurs, all future applications for activities
covered by the SPGP V-R1 will be evaluated by the Corps.
14. If the SPGP V-R1 expires, is revoked, or is terminated prior to completion of the authorized work,
authorization of activities which have commenced or are under contract to commence in reliance
upon the SPGP V-R1 will remain in effect provided the activity is completed within 12 months of the
date the SPGP V-R1 expired or was revoked.
Project No.: 56-377244-001-EG
Project Name: Norton
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Special Conditions for Docks, Piers, Associated Facilities, and other Minor Piling-Supported
Structures
1. For temporary structures associated with marine events. Upon completion of the event, these
structures must be removed and, to the maximum extent practical, the site must be restored to pre-
construction elevations. Water depths in the area of marine events must be deep enough to support at
least 5 ft of water depth under the keel of a vessel and between the keel of a vessel and Endangered
Species Act listed coral colonies, if present, when transiting to the mooring areas (Reference: JAXBO
PDC A2.1.4.).
2. Educational Signs. For commercial, multi-family, or public facilities, and marine events, signs
must be posted as described below (Reference: These replicate JAXBO PDCs A.2.2 and A.2.2.1 to
A.2.2.3., inclusive, within the table PDCs Specific to Activity 2 - Pile Supported Structures and
Anchored Buoys, starting on page 112.):
a. (A2.2.) For commercial, multi-family, or public facilities, and marine events, signs must be
posted in a visible location(s), alerting users of listed species in the area susceptible to vessel
strikes and hook-and-line captures. The most current version of the signs that must be
downloaded and sign installation guidance are available at:
(http://sero.nmfs.noaa.gov/protected_resources/section_7/protected_species_educational_signs/
index.html). The signs required to be posted by area are stated below:
(1) (A2.2.1.) All projects in Florida shall use the Save Sea Turtle, Sawfish, and Dolphin sign.
These signs shall include contact information to the sea turtle and marine mammal
stranding networks and smalltooth sawfish encounter database.
(2) (A2.2.2.) Projects within the North Atlantic right whale educational sign zone shall post the
Help Protect North Atlantic Right Whales sign.
(3) (A2.2.3.) On the east coast of Florida, projects located within the St. Johns River and those
occurring north of the St. Johns River to the Florida-Georgia line shall post the Report
Sturgeon sign. On the west coast of Florida, projects occurring from the Cedar Key, Florida
north to the Florida-Alabama line.
3. Monofilament Recycling Bins. For commercial, multi-family, or public facilities, monofilament
recycling bins must be provided as described below (Reference: The below replicates PDC A.2.3
within the table PDCs Specific to Activity 2 - Pile Supported Structures and Anchored Buoys, the
PDC itself on page 113 of the JAXBO.):
a. (A2.3.) For commercial, multi-family, or public facilities, monofilament recycling bins must be
provided at the docking facility to reduce the risk of turtle or sawfish entanglement in, or
ingestion of, marine debris. Monofilament recycling bins must:
(1) (A2.3.1.) Be constructed and labeled according to the instructions provided at
http://mrrp.myfwc.com.
(2) (A2.3.2.) Be maintained in working order and emptied frequently (according to
http://mrrp.myfwc.com standards) so that they do not overflow.
4. North Atlantic Right Whale. The attached North Atlantic Right Whale Information Form
(Attachment 27) describes the presence of North Atlantic right whales in the area and the Federal
regulations governing the approach to North Atlantic right whales. (The FDEP or Designee will
attach this document to their authorizations for a dock project (new construction, repair, or
replacement) at a private residence located within 11 nautical miles of North Atlantic right whale
critical habitat as measured in a radius from the center of the nearest inlet to open ocean described by
Project No.: 56-377244-001-EG
Project Name: Norton
Page 15 of 24
Attachment 29, the North Atlantic Right Whale Educational Sign Zones (from Section 2.1.1.4 of
JAXBO, pages 31 and 32, inclusive) (Reference: JAXBO PDC A2.4.).
5. Aids to Navigation. Aids to navigation must be approved by and installed in accordance with the
requirements of the U.S. Coast Guard (i.e., 33 C.F.R., chapter I, subchapter C, part 66, Section 10 of
the Rivers and Harbors Act, and any other pertinent requirements) (Reference: JAXBO PDC A2.5.).
6. Lighting for docks installed within visible distance of ocean beaches. If lighting is necessary, then
turtle-friendly lighting shall be installed. Turtle-friendly lighting is explained and examples are
provided on the Florida Fish and Wildlife Conservation Commission website:
http://myfwc.com/wildlifehabitats/managed/sea-turtles/lighting/ (Reference: JAXBO PDC A2.8.).
7. Construction Location. Project construction shall take place from uplands or from floating
equipment (e.g., barge); prop or wheel-washing is prohibited (Reference: JAXBO PDC A2.9.).
8. Regarding submerged and emergent aquatic vegetation, the design and construction of a Project
must comply with the following:
a. A pile supported structure (i) that is located on a natural waterbody (i.e., outside an artificial
waterway that was excavated for boating access and is bordered by residential properties) and
(ii) that is within the range of seagrass (estuarine waters within all coastal counties except for
Nassau, Duval, St Johns, Flagler and Volusia north of Ponce Inlet), will be constructed to the
following standards:
(1) Must comply with or provide a higher level of protection than, the protective criteria in the
joint U.S. Army Corps of Engineers’/National Marine Fisheries Service’s “Construction
Guidelines in Florida for Minor Piling-Supported Structures Constructed in or over
Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat” updated November
2017 (Attachment 5).
(2) In addition to (1), above, IF the project is within range of Johnson’s seagrass (the range of
Johnson’s seagrass is defined as Turkey Creek/Palm Bay south to central Biscayne Bay in
the lagoon systems on the east coast of Florida), THEN the design and construction shall
comply with, in some cases, the more restrictive requirements within paragraph 8.c., below
(Reference: JAXBO PDC A2.17).
b. For all other Projects,
(1) Within the range of Johnson’s seagrass (the range of Johnson’s seagrass is defined as
Turkey Creek/Palm Bay south to central Biscayne Bay in the lagoon systems on the east
coast of Florida), the presence of submerged aquatic vegetation will be determined utilizing
the “Submerged Aquatic Vegetation Survey Guidelines” (Attachment 7). If no survey
performed, aquatic vegetation, including Johnson’s seagrass, will be presumed to be
present for purposes of this Special Condition.
(2) Outside the range of Johnson’s seagrass but within the range of seagrass (estuarine waters
within all coastal counties except for Nassau, Duval, St Johns, Flagler and Volusia County
north of Ponce Inlet) and within tidal waters, the presence of seagrass and tidal freshwater
submerged aquatic vegetation will be determined using the “Submerged Aquatic
Vegetation Survey Guidelines” (Attachment 7) unless a site visit or aerial photography
observes absence during the growing season (if water depth and clarity allows) or aquatic
vegetation has not been found in the vicinity in the past.
Project No.: 56-377244-001-EG
Project Name: Norton
Page 16 of 24
(3) Pile-supported structures, IF aquatic vegetation is present (including seagrass, tidal
freshwater submerged aquatic vegetation and emergent vegetation), THEN must comply
with or provide a higher level of protection than, the protective criteria in the joint U.S.
Army Corps of Engineers’/National Marine Fisheries Service’s “Construction Guidelines in
Florida for Minor Piling-Supported Structures Constructed in or over Submerged Aquatic
Vegetation (SAV), Marsh or Mangrove Habitat” updated November 2017 (Attachment 5).
(4) In addition to (1) to (3) above, IF the proposed dock or proposed structure is within range
of Johnson’s seagrass (the range of Johnson’s seagrass is defined as Turkey Creek/Palm
Bay south to central Biscayne Bay in the lagoon systems on the east coast of Florida), and
IF the proposed dock or proposed structure falls within the following scenarios, THEN the
design and construction shall comply with, in some cases, the more restrictive requirements
within paragraph 8.c.,below. (Reference: The following replicates “Scenario B” as defined
within A2.17., PDCs for Docks or Other Minor Structures of JAXBO.):
(i) Dock replacement in the exact footprint (i.e., same location/configuration/size) as the
previous dock and:
(a) within Johnson’s seagrass critical habitat with No current seagrass survey
(completed no earlier than 1 year before submitting the application); or, Johnson’s
seagrass under the dock; or, Native seagrass, other than Johnson’s seagrass, under
the dock; or,
(b) within the Range of Johnson’s seagrass (outside of critical habitat) with No current
seagrass survey or,Johnson’s seagrass under the dock,
(ii) New docks or dock expansions and:
(a) within Johnson’s seagrass critical habitat; or,
(b) within the Range of Johnson’s seagrass (outside of critical habitat) with: No current
seagrass survey (completed no earlier than 1 year before submitting the application)
or, Johnson’s seagrass within property limit.
c. The following additional restrictions apply when required by paragraphs 8.a.(2) or 8.b.(4),
above (Reference: The following replicates the “Dock PDCs for Scenario B” within A2.17.
PDCs for Docks or Other Minor Structures of JAXBO.):
(1) To avoid and minimize impacts to Johnson’s seagrass and native, non-listed seagrasses to
the maximum extent practicable:
(i) The dock must be positioned to avoid and minimize effects to Johnson’s seagrass.
(ii) Over any area that contains Johnson’s seagrass or native, non- listed seagrasses, the
dock shall be oriented in a north-south orientation to the maximum extent that is
practicable to allow maximum sunlight under the structure.
(iii) If practicable, terminal platforms shall be placed in deep water, waterward of Johnson’s
seagrass beds or native, non-listed seagrasses beds or in an area devoid of Johnson’s
seagrass or native, non-listed seagrasses.
(iv) Piles must be spaced a minimum of 10 ft apart in any area that contains Johnson’s
seagrass to minimize direct impacts.
(v) Piles shall be installed in a manner that will not result in the formation of sedimentary
deposits (e.g., donuts or halos) around the newly installed pilings.
(vi) No covered boat lifts are allowed over any Johnson’s seagrass.
(2) Decking options: Deck surfaces (parallel with the water) that are located waterward of the
MHWL must be constructed of grated materials or plank construction or a combination of
the both methods (e.g. plank decking on the walkway and grated decking on the terminal
platform). These decking options are described below:
Project No.: 56-377244-001-EG
Project Name: Norton
Page 17 of 24
(i) For grated decking:
(a) Height requirement: The surface of the structure, including the dock walkway (the
over- water narrow portion connecting the terminal platform to the shore and any
over-water ramp required for access) and the dock, must be a minimum of 3 ft
above MHW when constructed with grated decking.
(b) Size limitations: The dock walkway is limited to a width of 4 ft. The terminal
platform is limited to a total area of 160 ft². Marginal docks are limited to a width of
5 ft. The 5 ft width restriction is measured from wet side of the seawall. For
example, if a seawall cap is 3 feet overwater then the dock would be limited to 2
feet.
(c) Material description: Decking materials shaped in the form of grids, grates, lattices,
etc., to allow the passage of light through the open spaces. These materials must
provide a minimum of 43% open space.
(ii) For plank decking:
(a) Height requirement: The surface of the structure, including the dock walkway (the
over- water narrow portion connecting the terminal platform to the shore and any
over-water ramp required for access) and the dock, must be a minimum of 5 ft
above MHW when constructed of plank decking.
(b) Size limitations: The dock walkway is limited to a width of 4 ft. The terminal
platform is limited to a total area of 120 ft². Marginal docks are limited to a width of
5 ft.
(c) Material description: Deck boards may be constructed of any material. Deck Boards
must be installed to provide a minimum of a 0.5-in gap between individual deck
boards.
d. Aids to Navigation in Acropora critical habitat. The distance from Aids to Navigation
(ATONs) to ESA-listed corals and Acropora critical habitat shall ensure there are no impacts to
the corals or the essential feature of Acropora critical habitat from the movement of buoys and
tackle. The appropriate distance shall be based on the size of the anchor chain or other tackle to
be installed to secure the buoy to its anchor, particularly when the design of the ATON does
not prohibit the contact of tackle with the marine bottom. In all cases, buoy tackle will include
flotation to ensure there is no contact between the anchor chain or line and the marine bottom
(Reference: JAXBO PDC A2.10.).
Project No.: 56-377244-001-EG
Project Name: Norton
Page 18 of 24
General Conditions for Federal Authorization for SPGP V-R1
1. The time limit for completing the work authorized ends on July 26, 2021.
2. You must maintain the activity authorized by this permit in good condition and in conformance
with the terms and conditions of this permit. You are not relieved of this requirement if you
abandon the permitted activity, although you may make a good faith transfer to a third party in
compliance with General Condition 4 below. Should you wish to cease to maintain the authorized
activity or should you desire to abandon it without a good faith transfer, you must obtain a
modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing
the activity authorized by this permit, you must immediately notify this office of what you have
found. We will initiate the Federal and State coordination required to determine if the remains
warrant a recovery effort or if the site is eligible for listing in the National Register of Historic
Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new
owner on the enclosed form and forward a copy of the permit to this office to validate the transfer
of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply
with the conditions specified in the certification as special conditions to this permit.
6. You must allow representatives from this office to inspect the authorized activity at any time
deemed necessary to ensure that it is being or has been accomplished in accordance with the terms
and conditions of your permit.
Further Information:
1. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State, or local
authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed
Federal projects.
2. Limits of Federal Liability. In issuing this permit, the Federal Government does not
assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
File Name: Norton
File No: 56-377244
Page 19 of 24
c. Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this permit.
d. Design or Construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or
revocation of this permit.
3. Reliance on Applicant’s Data: The determination of this office that issuance of this
permit is not contrary to the public interest was made in reliance on the information you
provided.
4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at
any time the circumstances warrant. Circumstances that could require a reevaluation include,
but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to
have been false, incomplete, or inaccurate (see 3 above).
c. Significant new information surfaces which this office did not consider in reaching
the original public interest decision.
5. Such a reevaluation may result in a determination that it is appropriate to use the
suspension, modification, and revocation procedures contained in 33 CFR 325.7 or
enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced
enforcement procedures provide for the issuance of an administrative order requiring you
comply with the terms and conditions of your permit and for the initiation of legal action
where appropriate. You will be required to pay for any corrective measures ordered by this
office, and if you fail to comply with such directive, this office may in certain situations (such
as those specified in 33 CER 209.170) accomplish the corrective measures by contract or
otherwise and bill you for the cost.
6. When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this permit will continue to be binding on
the new owner(s) of the property. To validate the transfer of this permit and the associated
liabilities associated with compliance with its terms and conditions, have the transferee sign
and date the enclosed form.
7. The Permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structures or work herein
authorized, or if, in the opinion of the Secretary of the Army or his authorized
representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the Permittee will be required, upon due notice from the
U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States. No claim shall be made
against the United States on account of any such removal, relocation or alteration.
File Name: Norton
File No: 56-377244
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Department of the Army Permit Transfer for SPGP V-R1
PERMITEE: _________________________________________________
PERMIT NUMBER: ___________________________________ DATE: ___________
ADDRESS/LOCATION OF PROJECT:
______________________________________________________________________
______________________________________________________________________
(Subdivision) (Lot) (Block)
When the structures or work authorized by this permit are still in existence at the
time the property is transferred, the terms and conditions of this permit will continue to
be binding on the new owner(s) of the property. Although the construction period for
works authorized by Department of the Army permits is finite, the permit itself, with its
limitations, does not expire.
To validate the transfer of this permit and the associated responsibilities associated
with compliance with its terms and conditions, have the transferee sign and date below
and mail to the U.S. Army Corps of Engineers, Enforcement Branch, Post Office Box
4970, Jacksonville, FL 32232-0019.
___________________________________________ _____________________
(Transferee Signature) (Date)
_____________________________________________________________________
(Name Printed)
_____________________________________________________________________
(Street address)
______________________________________________________________________
(Mailing address)
______________________________________________________________________
(City, State, Zip Code)
File Name: Norton
File No: 56-377244
Page 21 of 24
STANDARD MANATEE CONDITIONS FOR IN-WATER WORK
2011
The permittee shall comply with the following conditions intended to protect manatees
from direct project effects:
a. All personnel associated with the project shall be instructed about the presence of
manatees and manatee speed zones, and the need to avoid collisions with and
injury to manatees. The permittee shall advise all construction personnel that there
are civil and criminal penalties for harming, harassing, or killing manatees which
are protected under the Marine Mammal Protection Act, the Endangered Species
Act, and the Florida Manatee Sanctuary Act.
b. All vessels associated with the construction project shall operate at "Idle
Speed/No Wake” at all times while in the immediate area and while in water
where the draft of the vessel provides less than a four-foot clearance from the
bottom. All vessels will follow routes of deep water whenever possible.
c. Siltation or turbidity barriers shall be made of material in which manatees cannot
become entangled, shall be properly secured, and shall be regularly monitored to
avoid manatee entanglement or entrapment. Barriers must not impede manatee
movement.
d. All on-site project personnel are responsible for observing water-related activities
for the presence of manatee(s). All in-water operations, including vessels, must be
shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not
resume until the manatee(s) has moved beyond the 50-foot radius of the project
operation, or until 30 minutes elapses if the manatee(s) has not reappeared within
50 feet of the operation. Animals must not be herded away or harassed into
leaving.
e. Any collision with or injury to a manatee shall be reported immediately to the
FWC Hotline at 1-888-404-3922. Collision and/or injury should also be reported to
the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida
or Vero Beach (1-772-562-3909) for south Florida, and to FWC at
ImperiledSpecies@myFWC.com
f. Temporary signs concerning manatees shall be posted prior to and during all in-
water project activities. All signs are to be removed by the permittee upon
completion of the project. Temporary signs that have already been approved for
this use by the Florida Fish and Wildlife Conservation Commission (FWC) must
File Name: Norton
File No: 56-377244
Page 22 of 24
be used (see MyFWC.com/manatee). One sign which reads Caution: Boaters must
be posted. A second sign measuring at least 81/2" by 11" explaining the
requirements for “Idle Speed/No Wake” and the shut down of in-water
operations must be posted in a location prominently visible to all personnel
engaged in water-related activities. Questions concerning these signs can be sent
to the email address listed above.
File Name: Norton
File No: 56-377244
Page 23 of 24
UNITED STATES DEPARTMENT OF
COMMERCE
National Oceanic and Atmospheric
Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
263 13th Avenue South
St. Petersburg, FL 33701
SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS
The permittee shall comply with the following protected species construction
conditions:
a. The permittee shall instruct all personnel associated with the project of the
potential presence of these species and the need to avoid collisions with sea turtles
and smalltooth sawfish. All construction personnel are responsible for observing
water-related activities for the presence of these species.
b. The permittee shall advise all construction personnel that there are civil and
criminal penalties for harming, harassing, or killing sea turtles or smalltooth
sawfish, which are protected under the Endangered Species Act of 1973.
c. Siltation barriers shall be made of material in which a sea turtle or smalltooth
sawfish cannot become entangled, be properly secured, and be regularly
monitored to avoid protected species entrapment. Barriers may not block sea
turtle or smalltooth sawfish entry to or exit from designated critical habitat
without prior agreement from the National Marine Fisheries Service’s Protected
Resources Division, St. Petersburg, Florida.
d. All vessels associated with the construction project shall operate at “no
wake/idle” speeds at all times while in the construction area and while in water
depths where the draft of the vessel provides less than a four-foot clearance from
the bottom. All vessels will preferentially follow deep-water routes (e.g., marked
channels) whenever possible.
e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily
construction/dredging operation or vessel movement, all appropriate precautions
shall be implemented to ensure its protection. These precautions shall include
cessation of operation of any moving equipment closer than 50 feet of a sea turtle
or smalltooth sawfish. Operation of any mechanical construction equipment shall
File Name: Norton
File No: 56-377244
Page 24 of 24
cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-ft radius
of the equipment. Activities may not resume until the protected species has
departed the project area of its own volition.
f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be
reported immediately to the National Marine Fisheries Service’s Protected
Resources Division (727-824-5312) and the local authorized sea turtle
stranding/rescue organization.
g. Any special construction conditions, required of your specific project, outside
these general conditions, if applicable, will be addressed in the primary
consultation.
h. Any collision(s) with and/or injuries to any whale, or sturgeon occurring during
the construction of a project, shall be reported immediately to NMFS’s Protected
Resources Division (PRD) at (727-824-5312).
i. Reports to NMFS’s Protected Resources Division (PRD) may be made by email to
takereport.nmfsser@noaa.gov.
j. Sea turtle and marine stranding/rescue organizations’ contact information is
available by region at http://www.nmfs.noaa.gov/pr/health/networks.htm.
k. Smalltooth sawfish encounters shall be reported to
http://www.flmnh.ufl.edu/fish/sharks/sawfish/sawfishencounters.html.
l. All work must occur during daylight hours.
Date: 6/10/19
SHEET 1Jerner & Associates, Inc.
Marine & Environmental Consulting
2537 SE Alfonso Ave. Port St. Lucie, FL 34952
Ph.(772)283-2950
JERNER@BELLSOUTH.NET
NORTON
13185 S INDIAN RIVER DR
JENSEN BEACH
Date: 6/10/19
SHEET 2Jerner & Associates, Inc.
Marine & Environmental Consulting
2537 SE Alfonso Ave. Port St. Lucie, FL 34952
Ph.(772)283-2950
JERNER@BELLSOUTH.NET
NORTON
13185 S INDIAN RIVER DR
JENSEN BEACH
Date: 6/10/19
SHEET 3Jerner & Associates, Inc.
Marine & Environmental Consulting
2537 SE Alfonso Ave. Port St. Lucie, FL 34952
Ph.(772)283-2950
JERNER@BELLSOUTH.NET
NORTON
13185 S INDIAN RIVER DR
JENSEN BEACH
1” = 40’
13’ X 13’
BOAT LIFT
10’ X 16’
TERMINUS
INDIAN RIVER LAGOON
2,500’ TO CHANNEL270’ X 4’ ACCESS = 1,080 SQ FT
10’ X 16’ TERMINUS = 160 SQ FT
TOTAL DOCK AREA = 1,240 SQ FT
SEAGRASS SURVEY PERFORMED BY BRUCE JERNER ON 6/7/19 @ 9:30 AM.
VISIBILITY WAS CLEAR AT LOW INCOMING TIDE. A SINGLE TRANSECT
WAS SNORKELED AND MEANDERED ALONG A STAKED 300’ TAPE MEASURE
WITH WATER DEPTHS AND SAV COVER NOTED EVERY 20’. SEAGRASS
COVER AND DENSITY ARE NOTED USING DAFOR ASSESSMENT. SANDY
SEDIMENTS FOUND THROUGHOUT ENTIRE SURVEY AREA.
Date: 6/10/19
SHEET 4Jerner & Associates, Inc.
Marine & Environmental Consulting
2537 SE Alfonso Ave. Port St. Lucie, FL 34952
Ph.(772)283-2950
JERNER@BELLSOUTH.NET
NORTON
13185 S INDIAN RIVER DR
JENSEN BEACH
Design Windload Information
Code: FBC 2017 6TH ADD/ FRC 2017/
ASCE 7-10
Wind Speed: 170 MPH, 3 Second Gust
Exposure “D”
Importance Factor: 1.0
Internal Pressure Coeff.: 0.00
Height: <10 Ft. Mean5’ SGL Bolts, Nut,
Washers 5/8” S.S.
(304) w Nut Fully
Threaded
Pier Section Thru Pier Plan View
Min. 8” Dia. 2.5
CCA treated piles
2” x 6” SYP, .40 ACQ
Decking #1 Grade w ½”
plank spacing . Fasten w
#10 3” SS (304) Screws,
2 per Stringer
Stringers 24”
O.C. Max
Center Stringer(s) toe Nailed w (2) #16 SS (304) Ring
Shank Nails @ Each Bent, Outside Stringers Face Nailed
w #16 SS (304) Ring Shank Nails Inside or Outside
2” x 8” P.T. SYP, .40
ACQ treated stringers to
be butt jointed, butt
joints to be staggered.
2” x 8” P.T. SYP, .40
ACQ treated DBL bents
..
MHW Piles 10’ Max. O.C.VARIES
MLW
Pilings jetted to a minimum depth of 6’ and as
necessary to provide adequate bearing and stabilityVARIES Live Load 40 lbs. / Sq Ft
Dead Load 5 lbs. / Sq Ft
GRADE
VARIES
ROPE HAND RAILS
ALONG ACCESS