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HomeMy WebLinkAboutDEP Approvalhammerheadmarine@att.net From: Sent: To: Cc: Subject: Attachments: 03/19/2020 no-reply@dep.state.fl.us Thursday, March 19, 2020 2:26 PM hammerheadmarine@att.net NMFS.SER. PROGRAM MATICREVIEW@NOAA.GOV; FDEP-SP@USACE.ARMY.MIL; ERP.SELFCERTS@DEP.STATE.FL.US; SPGP@USACE.ARMY.MIL FDEP ERP Self -Certification Receipt f15ecef5bd27eafOdf22a27a65682fcf.pdf FLORIDA DEPARTMENT OF Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Receipt for Submission SELF -CERTIFICATION FOR A PROJECT AT A PRIVATE, RESIDENTIAL SINGLE-FAMILY Self -Certification File No.: 0376240003EE Ron DeSantis Governor Jeanette Nunez Lt. Governor Noah Valenstein Secretary File Name: 10701 S Ocean Dr Lot 849 Jensen Beach, FL 34957 - Self -Certification Modify With Boat Lift (General) Dear Regina Hellberg: On 03/19/2020 you used the Florida Department of Environmental Protection's electronic Self Certification Process to certify compliance with the terms and conditions of the Federal State Programmatic General Permit (SPGP) Self Certification Process for a project at private, single-family residence located at: LAT - Degrees: 27 Minutes: 16 Seconds: 20.6624 LONG - Degrees: -80 Minutes: 12 Seconds: 29.6448 SITE ADDRESS: 10701 S Ocean Dr Lot 849 Jensen Beach, FL 34957 COUNTY: St. Lucie For: John Baron 10701 S Ocean Drive 849 Jensen Beach, FL 34957 You have certified that the project you propose to construct at the above location meets all the conditions of the Self -Certification Process. A project that is built in conformance to those conditions (attached for reference) will: 1 FLORIDA DEPARTMENT OF Ron Desantis Governor Environmental Protection Jeanette Nunez Bob Martinez Center Lt. Governor 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Noah VSecretary Secretary TERMS AND CONDITIONS Self Certification File No.: 0376240003EE Construction Conditions: Private residential single family docks are subject to the following criteria in accordance with Section 403.813(1)(b), F.1S. The dock to be constructed: 1. Has 1,000 square feet or less over water surface (includes adjacent wetlands) in accordance with Chapter 62-340, F.A.C.; 2. Is constructed on or held in place by pilings and is constructed so as not to involve filling or dredging other than that necessary to install the pilings; 3. Will not substantially impede the flow of water, cause water pollution, or create a navigational hazard;. 4. Is used ONLY for recreational, noncommercial activities associated with the mooring or storage of boats and boat paraphernalia; 5. Is the sole dock on the parcel; and 6. Must not be subject to any conservation easement or restrictive covenant of record prohibiting the activity. Boat lifts are subject to the following additional conditions: 1. Is to be installed in a proposed slip or, at or adjacent to the waterward end of the dock; 2. With other mooring will not result in the mooring of more than two vessels (including jet skis); 3. Will not substantially impede the flow of water, cause water pollution, or create a navigational hazard; 4. Will not be located in areas prohibited for mooring by a previously issued permit or other form of authorization issued by a local government; General Conditions for Sovereignty/State-Owned Submerged Lands Authorizations: Any use of sovereignty/state-owned submerged lands is subject to the following general conditions that are binding upon the applicant and are enforceable under Chapters 253, F.S. or 258, F.S. 1. Sovereignty/state-owned submerged lands may be used 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 will constitute a violation. Violation of the authorization will result in suspension or revocation of the applicant's use of the sovereignty/state-owned submerged lands unless cured to the satisfaction of the Board of Trustees of the Internal Improvement Trust Fund (Board). 2. Authorization under Rule 18-21.005, F.A.C., conveys no title to sovereignty/state-owned submerged lands or water column, nor does it constitute recognition or acknowledgment of any other person's title to such land or water. 3. Authorizations under Rule 18-21.005, F.A.C., may be modified, suspended or revoked in accordance with its terms or the remedies provided in Sections 253.04, F.S. or Chapter 18-14, F.A.C. 4. Structures or activities will be constructed and used to avoid or minimize adverse impacts to resources. 5. Construction, use, or operation of the structure or activity will 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.; 6. Structures or activities will not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity will be modified in accordance with the court's decision. 7. Structures or activities will not create a navigational hazard. 8. Structures will be maintained in a functional condition and will be repaired or removed if they become dilapidated to such an extent that they are no longer functional. 9. Structures or activities will be constructed, operated, and maintained solely for water dependent purposes. 10. The applicant agrees to indemnify, defend and hold harmless the Board and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty/state-owned submerged lands or the applicant's use and construction of structures on sovereignty/state-owned 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. 11. Failure by the Board to enforce any violation of the authorization or waiver by the Board of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure or waiver prevent the Board from enforcing the waived or unenforced provision in the event of a future violation of that provision. 12. 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 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. 13. All costs incurred by the Board 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 in writing of any change of address at least ten days before the change becomes effective. 14. This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant of record that prohibits the activity. Manatee Conditions: The following conditions are intended to protect manatees from direct project effects; THESE CONDITIONS APPLY ONLY IN WATERS THAT ARE ACCESSIBLE TO MANATEES: 1. All personnel associated with the project will be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee will 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. 2. All vessels associated with the construction project will 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. 3. Siltation or turbidity barriers will be made of material in which manatees cannot become entangled, will be properly secured, and will be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement. 4. 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. 5. Any collision with or injury to a manatee will be reported immediately to the FWC Hotline at 1-888-404-FWCC. 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. 6. Temporary signs concerning manatees will 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. Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC) must be used (see MyFWC.com). One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8 1/2" 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. Self -Certification Requirements: The user agrees to the following: 1. The information provided herein is true and accurate. 2. Construction of the project must be completed within one year from the self -certification date. If the project cannot be completed within that time frame, or the project is to be modified, the Department must be contacted for authorization requirements. 3. Any substantial modifications in the plans for this project must be submitted to the Department for review, as changes may result in a permit being required. 4. This self -certification will automatically expire if site conditions materially change; if the terms, conditions, and limitations of the self -certification are not followed; or if the governing statutes or rules are amended before the project is completed. 5. Department personnel will be allowed to enter the property for purposes of inspecting the project for compliance with the terms and conditions of this self -certification.